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44.10.323    EXPENDITURE - DEFINITION

(1) For the purposes of Title 13, chapters 35 and 37, MCA, and these rules, the term "expenditure" as defined in 13-1-101, MCA, includes, but is not limited to:

(a) Each expenditure as listed in 13-37-230, MCA;

(b) Expenses incurred by a candidate or political committee with respect to polls, surveys, and the solicitation of funds;

(c) Expenses incurred in support of or opposition to the drafting, printing, distribution and collection of signatures for any petition for nomination or a statewide ballot issue;

(d) A candidate's own expense, except as provided in 13-1-101(6) (b) (iv) and (10) (b) (ii) , MCA;

(e) Payment of interest on a loan or other credit received;

(f) An in-kind expenditure, as defined in (2) of this rule.

(2) The term "in-kind expenditure" means the furnishing of services, property, or rights without charge or at a charge which is less than fair market value to a person, candidate, or political committee for the purpose of supporting or opposing any person, candidate, ballot issue or political committee, except as provided in 13-1-101(6) (a) (iii) and (6) (b) (i) , MCA.

(a) An "in-kind expenditure" includes, but is not limited to, the forgiveness of any loan or debt owed to a candidate or political committee.

(3) "Independent expenditure" means an expenditure for communications expressly advocating the success or defeat of a candidate or ballot issue which is not made with the cooperation or prior consent of or in consultation with, or at the request or suggestion of, a candidate or political committee or an agent of a candidate or political committee.   An independent expenditure shall be reported as provided in ARM 44.10.531.

(4) "Coordinated expenditure" means an expenditure made in cooperation with, consultation with, at the request or suggestion of, or the prior consent of a candidate or political committee or an agent of a candidate or political committee.   A coordinated expenditure shall be reported as an in-kind contribution as provided in ARM 44.10.511 and 44.10.513.

History: Sec. 13-37-114, MCA; IMP, Sec. 13-1-101(7), MCA; NEW, Eff. 1/1/76; AMD, Eff. 5/7/76; AMD, 1977 MAR p. 1240, Eff. 12/25/77; AMD, 1979 MAR p. 652, Eff. 7/1/79; AMD, 1986 MAR p. 128, Eff. 1/31/86; AMD, 1999 MAR p. 2287, Eff. 10/8/99.

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