Section 0530-01-03-.08 - USE OF A CONDUIT(1) In determining whether a person(s) is using directly or indirectly a committee, group or other organization as a conduit or intermediary to make a campaign contribution in violation of T.C.A. § 2-10-303(3), the Registry of Election Finance, in its discretion, may consider any or all of the following factors. The Registry is not limited to these factors, however, and any additional relevant information may be received and considered as to whether a contribution was made directly or indirectly using a conduit or intermediary in violation of T.C.A. § 2-10-303(3). (a) Contributions 1. All contribution(s) received by the committee or organization came from a single source.2. The percentage of contributions received by the committee or organization from a single source.3. The number of contributors to the committee or organization.4. Whether an individual contributor, who has reached the individual limit on contributions to a particular candidate, has made a contribution(s) to a committee or organization, that, within a ninety (90) day period of receiving such contribution(s), makes an expenditure to the same candidate.5. The contribution history of the contributor to the committee or organization.6. The relationship between the contributor(s) to the committee or organization and the officials of the committee or organization.7. The affiliations, relationships or connections between the committee or organization and other committees and organizations.(b) Expenditures 1. The percentage of available funds given by the committee or organization to a single candidate.2. The number of expenditures made by the committee or organization to candidates.3. The history of the committee or organization in making expenditures.4. Whether multiple expenditures were made to a single candidate in an election cycle.(c) Timing 1. The time frame of contributions received by the committee or organization.2. The time frame of expenditures made by the committee or organization.3. The length of time the committee or organization has been active.4. The timing of the relationship between contributions received by a committee or organization and expenditures made to candidates.(2) There shall be a rebuttable presumption that a committee or organization is acting as a conduit or intermediary for purposes of T.C.A. § 2-10-303(3) if: (a) the committee or organization has fewer than three (3) contributors;(b) these contributors provide seventy-five percent (75%) or more of the committee's or organization's total contributions within a ninety (90) day period; and(c) seventy-five percent (75%) or more of the committee's or organization's political contribution expenditure(s) are to a single candidate or committee within a ninety (90) day period; provided, however, that this rebuttable presumption shall not apply to a committee or organization making less than $7,500 in political contribution expenditures in any given calendar year.
Tenn. Comp. R. & Regs. 0530-01-03-.08
Original rule filed February 27, 2004; effective June 28, 2004.Authority: T.C.A. §§ 2-10-207(1) and 2-10-303(3).