Sec. 735. Restrictions on testing the waters
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Section 315(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a) ) is amended by adding at the end the following new paragraph: For purposes of paragraph (7)(B): The term expenditure made in cooperation, consultation, or concert with, or at the request or suggestion of a candidate, his authorized political committees, or their agents includes an expenditure made by a person— that during the four years preceding the expenditure (for the office of President) or during the two years preceding the expenditure (for all other expenditures) was directly or indirectly established, maintained, controlled, or principally funded by a candidate, the candidate’s committee, or an immediate family member of a candidate; that during the four years preceding the expenditure (for the office of President) or during the two years preceding the expenditure (for all other expenditures) employed or otherwise retained the services (other than accounting or legal services) of a person who, whether paid or unpaid, at any point during the same four-year or two-year period, had or exercised executive or managerial authority for the candidate, or acted as an agent of the candidate; or for whom during the four years preceding the expenditure (for the office of President) or during the two years preceding the expenditure (for all other expenditures) the candidate or candidate’s committee solicited funds, provided non-public fundraising information or strategy, or appeared as a featured guest at a fundraising event.
The term expenditure has the meaning given that term in section 301 and section 316(b) and also includes the following, when conducted by a person described in subparagraph
(A)of this paragraph: A public communication as defined in section 301(22) that— expressly advocates for the nomination or election of a clearly identified candidate for Federal office or against the nomination or election of a candidate for such office, or that is the functional equivalent of such express advocacy; promotes or supports a candidate for Federal office, or attacks or opposes a candidate for such office (regardless of whether the communication expressly advocates the election or defeat of a candidate or is the functional equivalent of express advocacy); or refers to a clearly identified candidate for Federal office at any time from 120 days before a primary election or nominating caucus or convention through the general election, and is disseminated in the jurisdiction where the election for the office the candidate is seeking is held. A disbursement for partisan voter activity (such as partisan voter registration, get-out-the-vote activity, phone banking, or generic campaign activity) in the jurisdiction where the election for the office the candidate is seeking is held. A disbursement to pay for research, design, or production costs, polling expenses, data analytics, creating or purchasing mailing or social media lists, or other activities related to those described in clause
(i)or (ii). The term candidate includes any person who is a candidate for Federal office at the time of the expenditure, regardless of whether such person was a candidate at the time of the conduct described in subparagraph (A). .
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Sec. 735
Restrictions on testing the waters
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