§ 17-25-23. Funds expended by person, committee of a political party, or political action committee
— Private expenditure.
For the purposes of §§ 17-25-19 and 17-25-20, any funds expended by a person, committee of a political party, or political action
committee to directly influence the outcome of the electoral contest involving the
candidate shall be considered a contribution received by or an expenditure made by
the candidate for general office, if one or more of the following relationships between
the candidate and the person, committee of a political party, or political action
committee is present:
(1) There is any arrangement, coordination, or direction with respect to the expenditure
between the candidate or the candidate's agent and the person making the expenditure;
(2) In the same election cycle, the person making the expenditure, including any officer,
director, employee, or agent of the person, is or has been authorized to raise or
expend funds on behalf of the candidate or the candidate's authorized committees,
or is or has been an officer of the candidate's authorized committees, or is or has
been receiving any form of compensation or reimbursement from the candidate, the candidate's
authorized committees, or the candidate's agent;
(3) The person making the expenditure, including any officer, director, employee, or agent
of the person, has communicated with, advised, or counseled the candidate or the candidate's
agents at any time on the candidate's plans, projects, or needs relating to the candidate's
pursuit of election to general office in the same election cycle, including any advice
relating to the candidate's decision to seek election to general office;
(4) The person making the expenditure retains the professional services of any individual
or other person also providing those services to the candidate in connection with
the candidate's pursuit of election to general office in the same election cycle,
including any services relating to the candidate's decision to seek election to general
office;
(5) The person making the expenditure, including any officer, director, employer, or agent
of the person, has communicated or consulted at any time during the same election
cycle about the candidate's plans, projects, or needs relating to the candidate's
pursuit of election to general office, with:
(i) Any officer, director, employee, or agent of a party committee that has made or intends
to make expenditures or contributions, in connection with the candidate's campaign;
or
(ii) Any person whose professional services have been retained by a political party committee
that has made or intends to make expenditures or contributions;
(6) The expenditure is based on information provided to the person making the expenditure
directly or indirectly by the candidate or the candidate's agents about the candidate's
plans, projects, or needs; provided, that the candidate or the candidate's agents
are aware that the other person has made or is planning to make expenditures expressly
advocating the candidate's election; or
(7) The expenditure is made by a person with the intention of seeking or obtaining any
governmental benefit or consideration from the candidate by reason of the expenditure.