Coordinated Communications Periods
When an individual or political committee pays for a communication that is coordinated with a candidate or party committee, the communication is considered an in-kind contribution to that candidate or party committee and is subject to the limits, prohibitions and reporting requirements of the federal campaign finance law. FEC regulations establish a three-prong test to determine whether a communication is coordinated. All three prongs of the test—payment, content and conduct—must be met for a communication to be deemed coordinated and thus an in-kind contribution. 11 CFR 109.21.
In response to the DC Court of Appeals decision in Shays v. FEC, the Commission promulgated regulations on Coordinated Communications. Specifically, these regulations redefine the pre-election time frames used in the content prong of the three-prong coordinated communication test. See 11 CFR 109.21(c)(4)(i) and (ii) and the FEC brochure "Coordinated Communications and Independent Expenditures" [HTML] [PDF] for additional information.
The chart below provides a breakdown of the 90-day coordinated communications periods for 2013-14 Special Elections.
For communications that refer to both a party and a clearly identified federal candidate, please consult the regulations at 11 CFR 109.21(c)(4)(i)-(iv).
Coordinated Communications Periods for 2013-14 Special Elections
| Special Election | Election Date |
Coordinated Communications Period (90-days prior through election date) |
|---|---|---|
| Alabama 1st Congressional District Special Primary |
09/24/13 |
06/26/13 - 09/24/13 |
| Alabama 1st Congressional District Special Primary Runoff |
11/05/13 1 |
08/07/13 - 11/05/13 |
| Alabama 1st Congressional District Special General |
11/05/13 1 |
08/07/13 - 11/05/13 |
| Alabama 1st Congressional District Special General |
12/17/13 1 |
09/18/13 - 12/17/13 |
Florida |
01/14/14 |
10/16/13 - 01/14/14 |
| Florida 13th Congressional District Special General |
03/11/14 |
12/11/13 - 03/11/14 |
|
Illinois 2nd Congressional District Special Primary |
02/26/13 |
11/28/12 - 02/26/13 |
Illinois 2nd Congressional District Special General |
04/09/13 |
01/09/13 - 04/09/13 |
| Louisiana 5th Congressional District Special Primary |
08/21/13 2 |
05/23/13 - 08/21/13 |
Louisiana 5th Congressional District |
10/19/13 |
07/21/13 - 10/19/13 |
| Louisiana 5th Congressional District Special Runoff |
11/16/13 |
08/18/13 - 11/16/13 |
| Massachusetts 5th Congressional District Special Primary |
10/15/13 |
07/17/13 - 10/15/13 |
| Massachusetts 5th Congressional District Special General |
12/10/13 |
09/11/13 - 12/10/13 |
| Massachusetts Senate Special Primary |
04/30/13 |
01/30/13 - 04/30/13 |
| Massachusetts Senate Special General |
06/25/13 |
03/27/13 - 06/25/13 |
| Missouri 8th Congressional District Special General |
06/04/13 |
03/06/13 - 06/04/13 |
| New Jersey Senate Special Primary |
08/13/13 |
05/15/13 - 08/13/13 |
| New Jersey Senate Special General |
10/16/13 |
07/18/13 - 10/16/13 |
| South Carolina 1st Congressional District Special Green Party Convention |
03/09/13 |
12/09/12 - 03/09/13 |
| South Carolina 1st Congressional District Special Primary |
03/19/13 |
12/19/12 - 03/19/13 |
| South Carolina 1st Congressional District Special Primary Runoff |
04/02/13 |
01/02/13 - 04/02/13 |
| South Carolina 1st Congressional District Special General |
05/07/13 |
02/06/13 - 05/07/13 |
1 In the event that Special Runoff Elections are NOT necessary, the Special General Election will be held on November 5, 2013, instead of December 17, 2013.
2 In AO 2000-29 [PDF], the Commission determined that the last day to qualify for a position on the general election ballot in Louisiana--in this case 08/21/13-- must be considered the primary election date for Louisiana candidates. See 11 CFR 100.2(c)(4)(i). The special election for candidates seeking federal office is the special general election scheduled for 10/19/13. Additionally, under state law if no candidate in the 10/19/13 special general election receives over 50 percent of the vote, a special runoff election will be held on 11/16/13.