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Q&A

Enforcement of prohibitions on candidate coordination with independent expenditures

2:57:47

·

79 sec

Council Member Lincoln Restler inquires about the Campaign Finance Board's ability to enforce prohibitions on candidate coordination with independent expenditures. Executive Director Paul Seamus Ryan explains the CFB's approach and powers.

  • The city charter has broad prohibitions on coordination between candidates and independent expenditures.
  • The CFB has a rule outlining 13 factors to consider in determining whether an expenditure is independent from a campaign.
  • The CFB has broad subpoena powers to obtain information and conduct investigations.
  • Ryan declined to comment on whether subpoena powers have been used in the current election cycle, citing ongoing investigations.
Lincoln Restler
2:57:47
The charter is really clear in in stating that expenditures that are independent are independent only when a can and a candidate or a committee has quote not authorized, requested, suggested, fostered, or cooperated in any such activity.
2:58:02
Right?
2:58:03
A candidate's staff or agents cannot be involved in the planning of any outside advertisements.
2:58:08
These are incredibly broad prohibitions, as they should be, but how is the CFB able to enforce this?
2:58:30
Are you able to access or request phone information, text, email information between relevant parties in real time to be able to get to the bottom of whether coordination is happening considering such an exceptionally broad prohibition in our city charter?
2:58:55
investigations.
2:58:57
Have those subpoena powers been used this election cycle?
Paul Seamus Ryan
2:58:15
The CFB has a rule that lays out 13 factors that the board can consider in determining whether or not a specific expenditure is or is not independent from the campaign that it's associated with or supporting or or the opponent.
2:58:47
Not limited to coordination, but generally speaking, the campaign finance board has very broad subpoena powers to get an information to conduct
2:59:01
I'm not at liberty to discuss ongoing investigations and enforcement, so I'm not gonna respond to that.
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