Section 3-716. Application of the contribution and expenditure limitations to certain political activities  


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  • 1.  Nothing  in  this  chapter shall be  construed to restrict candidates or their agents from making appearances
      at events sponsored or paid for by  persons,  political  committees,  or
      other entities that are not in any way affiliated with such candidate or
      any  agent  of  such  candidate.  The  costs of such events shall not be
      considered contributions to or expenditures by such a candidate pursuant
      to this chapter solely because such an appearance is made; provided that
      this subdivision shall not apply to  any  event  in  relation  to  which
      contributions are solicited on behalf of such candidate.
        2.  The  following  activities  in  support  of  other candidates by a
      participating, or limited participating or  non-participating  candidate
      or  his or her principal committee shall not be considered contributions
      to or expenditures by such participating, or  limited  participating  or
      non-participating candidate or his or her principal committee, except to
      the  extent such activities are paid for by such candidate or his or her
      principal committee for a covered election:
        (a) The act alone of endorsing or appearing with another candidate for
      public office, party nomination or party position.
        (b) The insubstantial communication of such endorsement or  appearance
      described  in paragraph (a), such as where the participating, or limited
      participating or non-participating candidate's name is  one  of  several
      names  appearing on the communication and is of equivalent prominence as
      the other names.
        (c) Fundraising assistance to another candidate in the form of written
      communications  that  do  not  promote  the  participating,  or  limited
      participating  or non-participating candidate, such as the appearance of
      the  participating,  or  limited  participating   or   non-participating
      candidate's  name  or signature on a letter soliciting funds for another
      candidate  or  the  appearance  of  such   participating,   or   limited
      participating  or  non-participating  candidate's  name  on  fundraising
      material  where  such  participating,  or   limited   participating   or
      non-participating candidate's name appears alone or with other names and
      is of equivalent prominence as the other names.
        (d)  A typical communication by a political club to its members, which
      includes the name  of  a  participating,  or  limited  participating  or
      non-participating  candidate,  provided that such candidate is already a
      member of the political club, the political  club  has  fewer  than  500
      members,  and  the  communication does not solicit funds on behalf of or
      otherwise promote such candidate's campaign for a covered election.
        3. The communication of an endorsement  or  appearance  which  is  not
      insubstantial  under  paragraph  (b)  of  subdivision  two,  fundraising
      assistance which is promotional under paragraph (c) of  subdivision  two
      and  a political club communication which does not meet the requirements
      of paragraph (d) of subdivision  two,  shall  be  contributions  to  and
      expenditures   by   the   participating,  or  limited  participating  or
      non-participating candidate. Among the factors the board shall  consider
      in  determining  the value of the contribution to and expenditure by the
      participating, or limited participating or  non-participating  candidate
      are the following factors:
        (a) the focus of the communication;
        (b) the geographical distribution or location of the communication;
        (c) the subject matter of the communication;
        (d)  the  references to the participating, or limited participating or
      non-participating   candidate   or   the   participating,   or   limited
      participating   or  non-participating  candidate's  appearances  in  the
      communication;
    
        (e)  the  relative  prominence  of   a   participating,   or   limited
      participating or non-participating candidate's references or appearances
      in the communication, including the size and location of such references
      and  any  photographs  of the participating, or limited participating or
      non-participating candidate; and
        (f) the timing of the communication.