Independent Campaign Expenditures

(1) “Independent expenditure” means an expenditure by a person for a communication expressly advocating the election or defeat of a clearly identified candidate which is not made with the cooperation or with the prior consent of, or in consultation with, or at the request of, or suggestion of, a candidate or any agent or authorized committee of such candidate. (2) “Expressly advocating” means any communication containing a message advocating election or defeat, including, but not limited to, the name of the candidate, or expressions such as “vote for,” “elect,” “support,” “cast your ballot for,” or “vote against,” “defeat” or “reject.” (3) “Clearly identified candidate” means that the name of the candidate appears, a photograph or drawing of the candidate appears, or the identity of the candidate is otherwise apparent by unambiguous reference. (4) “Made with the cooperation or with the prior consent of, or in consultation with, or at the request or suggestion of, a candidate or any agent or authorized committee of the candidate” means: (a) Any arrangement, coordination, or direction by the candidate or his/her agent prior to the publication, distribution, display, or broadcast of the communication. An expenditure will be presumed to be so made when it is: 1. Based on information about the candidate’s plans, projects, or needs provided to the expending person by the candidate, or by the candidate’s agent(s), with a view toward having an expenditure made; or 2. Made by or through any person who is, or has been, authorized to raise or expend funds, who is, or has been, an officer of any authorized committee, or who is, or has been, receiving any form of compensation or reimbursement from the candidate, the candidate’s committee or agent. (5) “Agent” means any person who has actual oral or written authority, either express or implied, to make or to authorize the making of expenditures on behalf of a candidate or means any person who has been placed in a position within the campaign organization where it would reasonably appear that in the ordinary course of campaign-related activities he or she may authorize expenditures. (6) An expenditure not qualifying under this section as an independent expenditure shall be an in-kind contribution to the candidate. (7) No expenditure by an authorized committee of a candidate on behalf of that candidate shall qualify as an independent expenditure. (8) Every political campaign committee, which makes independent expenditures, shall report all such expenditures on campaign disclosure reporting forms pursuant to T.C.A. § 2-1-105(d). Independent expenditures totaling more than $100 to a single payee during a reporting period made to support or oppose a clearly identified candidate shall be itemized, disclosing the name and address of the payee, the purpose, date and amount of the expenditure and the office sought by the candidate. Those independent expenditures totaling $100 or less to a single payee during a reporting period shall be reported as a total by categories.