W. Va. Code R. § 146-3-14

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 146-3-14 - Coordinated Activity

14.1. "Coordinated expenditure" is an expenditure made in concert with, in cooperation with, or at the request or suggestion of a candidate's committee and meeting the criteria provided in W. Va. Code § 3-8-9a.

14.1.1. For the purpose of this Section, "In concert or cooperation with or at the request or suggestion of," means that a candidate or his or her agent consulted with:

14.1.1.a. The sender regarding the content, timing, place, nature, or volume of a particular communication or a communication to be made; or

14.1.1.b. A person making an expenditure that would otherwise offset the necessity for an expenditure of the candidate or candidate's committee.

14.1.2. For the purpose of this Section, the term "communication" includes electioneering communications as defined in Subsection 2.12 of this Rule.

14.2. Coordinated activity includes the making of expenditures in cooperation with a candidate or committee so long as the communication resulting from the expenditure is paid, in whole or in part, by another person other than the candidate, committee. or party.

14.3. Expenditures are considered coordinated when:

14.3.1. The communication is created, produced, distributed, or undertaken at the request or suggestion of a candidate, candidate committee, or party committee;

14.3.2. The candidate, candidate committee, or party committee is involved in the creation, production, or distribution of the communication, or has had discussions about the communication with any person or the agents of a person who has paid for or played a role in the creation, production, or distribution of the communication;

14.3.3. Any person involved in the creation, production, or distribution of the communication has, in the four (4) months preceding the date on which the expenditure is made, been an employee or vendor of campaign services for the candidate, candidate committee, or party committee;

14.4. Any communication that results from a coordinated expenditure shall contain a disclaimer that clearly identifies that the expenditure is coordinated with the candidate, candidate committee, or party committee with which it was coordinated.

14.5. The state committee of a political party and caucus campaign committee may make coordinated expenditures in any amount as provided in W. Va. Code § 3-8-9b in connection with the general election campaign for offices of Governor, Attorney General, Auditor, Commissioner of Agriculture, Secretary of State, Treasurer, State Senate, and House of Delegates.

14.6. Any communication that results from a political expenditure and is made in coordination with a state committee of a political party and caucus campaign committee shall contain a disclaimer that clearly identifies that the expenditure is coordinated with the candidate or candidate's committee with whom it was coordinated.

14.7. Any coordinated expenditure between any person, firm, or entity, which has been contracted with any other candidate or committee for the purpose of coordinated expenditures shall establish a written firewall policy to ensure information about the candidate's or authorized committee's campaign plans, projects, activities, or needs that are material to the creation, production, or distribution of the communication are not used or conveyed to any other candidate or committee paying for the communication. Provided, that this prohibition shall not apply to permissible coordinated activity conducted under a Joint Fundraising Agreement. Provided, however, that in the case of a single or associated person, firm, or entity under contract for coordinated expenditures by more than one (1) separate committees established by a Joint Fundraising Agreement, a written firewall policy shall be required.

14.7.1. The written firewall policy shall be designed and implemented to prohibit the flow of information between employees or consultants providing services for the person paying for the communication and those employees or consultants currently or previously providing services to the candidate who is clearly identified in the communication, or the candidate's authorized committee, the candidate's opponent, the opponent's authorized committee, or a political party committee.

14.7.2. The written firewall policy shall include but is not limited to:

14.7.2.a. A separation between staff who provide a service related to any expenditure benefiting one candidate or committee from other staff who have engaged, or will engage, in any coordinated activity with another candidate or committee;

14.7.2.b. Prohibitions against a supervisor or manager from simultaneously overseeing the work of staff members who are separated by the firewall; and

14.7.2.c. Physical and technological separations to help ensure that strategic, non-public information does not, in fact, pass to the candidate, committee, or to staff members separated by the firewall.

14.7.3. The written firewall policy shall be distributed to all relevant employees, consultants, and clients affected by the policy.

W. Va. Code R. § 146-3-14