Stop Illegal Campaign Coordination Act

Bill Number

H.R. 2476

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Government Operations and Politics

Status

Introduced

Latest Action

2025-03-27: Referred to the House Committee on House Administration.

Last Updated

2025-05-09T16:12:38Z

AI-Generated Summary

Purpose

The "Stop Illegal Campaign Coordination Act" (H.R. 2476) aims to close loopholes in campaign finance rules by expanding the definition of "coordinated expenditures" under the Federal Election Campaign Act of 1971. It targets situations where outside groups spend money in ways that closely follow guidance from candidates or political parties, treating such spending as if it were directly coordinated to prevent evasion of donation limits and disclosure requirements.

Key Provisions

• Expanded Definition of Coordinated Expenditures: Adds a new subsection (Section 315(a)(10)) to classify an expenditure (money spent on election-related activities like ads or communications) as coordinated if it is "materially consistent" with instructions, directions, guidance, or suggestions from a candidate, the candidate's authorized committee (group handling their campaign funds), or a national, state, or local political party committee—even if the guidance is public or indirect.
• Factors for Determining Consistency: The Federal Election Commission (FEC, the agency enforcing campaign finance laws) must evaluate expenditures based on specific factors, creating a presumption of coordination if one or more apply. These factors include:
• Guidance suggesting how to communicate information about a specific candidate or party to voters.
• Details on targeting audiences (e.g., by location, demographics, or party affiliation).
• Recommendations on communication methods (e.g., mail, social media, video).
• Use of specific phrases, images, audio, or video from the guidance in the actual spending.
• Signals or cues highlighting the guidance.
• Any other factors the FEC deems relevant.
• Scope and Application: Applies to expenditures that would otherwise be treated as coordinated under existing rules, regardless of whether the guidance is shared publicly or privately.
• Effective Date: Changes take effect for expenditures made on or after the bill's enactment.

Significant Changes to Existing Law

• Broadening Coordination Rules: Current law (under Section 315(a)(7)) limits coordinated spending by outside groups to prevent it from functioning like direct contributions, which have strict caps. This bill extends that by including indirect or public guidance as a trigger, even without direct agent involvement—previously, coordination often required clearer, private collaboration.
• Presumption Standard: Introduces a rebuttable presumption (an assumption that can be challenged with evidence) based on the listed factors, shifting the burden to prove independence, which could make enforcement easier for the FEC compared to proving intent under prior rules.
• No Changes to Limits: Does not alter contribution or spending caps but reclassifies more activities to trigger those limits and disclosure rules.

Potential Impacts

• On Government Agencies: The FEC gains clearer tools and factors to investigate and penalize violations, potentially increasing enforcement cases and workload, but also reducing ambiguity in rulings.
• On Citizens and Voters: Could enhance transparency in elections by requiring more disclosures of spending influences, helping voters understand hidden coordination; however, it might limit the flow of independent political ads or messages.
• On Political Actors: Candidates, party committees, and outside groups (like super PACs, which can raise unlimited funds but must stay independent) face stricter boundaries on sharing strategies, possibly curbing "independent" spending that aligns too closely with campaigns and forcing more direct, limited funding.
• On International Relations: No direct impact, as the bill focuses solely on U.S. federal elections and domestic entities.

Main Stakeholders Affected

• Candidates and Authorized Committees: Directly restricted in providing guidance that could trigger coordination rules.
• Political Party Committees (national, state, local): Limited in advising outside spenders without risking reclassification of funds.
• Outside Spending Groups (e.g., PACs, super PACs, nonprofits): Must avoid following candidate or party suggestions to maintain "independent" status and unlimited spending rights.
• Federal Election Commission (FEC): Responsible for applying the new factors in investigations and rulemaking.
• Voters and the Public: Indirectly benefit from potentially fairer elections but may see fewer coordinated-style ads.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: Strengthens FEC authority to regulate campaign spending by lowering the bar for proving coordination, which could lead to more civil penalties (fines) or referrals for criminal charges in cases of knowing violations; however, it invites challenges over what counts as "material consistency."
• Constitutional Implications: May face First Amendment scrutiny (protecting free speech) for potentially chilling political expression, as courts have struck down overly broad coordination rules in the past (e.g., in cases like Citizens United v. FEC); the bill balances this by focusing on anti-circumvention of contribution limits rather than banning speech outright.
• Political Implications: Could level the playing field by curbing advantages for well-resourced campaigns using allied outside groups, but might disadvantage challengers or parties relying on grassroots coordination; as an introduced bill (not yet law), its passage would depend on congressional debates over election integrity versus free speech.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Tokuda, Jill N. [D-HI-2]

Cosponsors (4)

Rep. Tonko, Paul [D-NY-20], Rep. Case, Ed [D-HI-1], Rep. Jayapal, Pramila [D-WA-7], Rep. Balint, Becca [D-VT-At Large]

Recent Actions

• 2025-03-27: Referred to the House Committee on House Administration.
• 2025-03-27: Introduced in House
• 2025-03-27: Introduced in House

Bill Versions

• Stop Illegal Campaign Coordination Act — issued 2025-03-27 — PDF (5 pages)