24.2-945.1 - Definitions.
§ 24.2-945.1. Definitions.
A. As used in this chapter, unless the context requires a different meaning:
"Authorization" means express approval or express consent by the candidate,the candidate's campaign committee, or an agent of the candidate or hiscampaign committee after coordination.
"Campaign committee" means the committee designated by a candidate toreceive all contributions and make all expenditures for him or on his behalfin connection with his nomination or election.
"Candidate" means "candidate" as defined in § 24.2-101.
"Contribution" means money and services of any amount, in-kindcontributions, and any other thing of value, given, advanced, loaned, or inany other way provided to a candidate, campaign committee, politicalcommittee, or person for the purpose of expressly advocating the election ordefeat of a clearly identified candidate or to an inaugural committee for thepurpose of defraying the costs of the inauguration of a Governor, LieutenantGovernor, or Attorney General. "Contribution" includes money, services, orthings of value in any way provided by a candidate to his own campaign andthe payment by the candidate of a filing fee for any party nomination method.
"Coordinated" or "coordination" refers to an expenditure that is made (i)at the express request or suggestion of a candidate, a candidate's campaigncommittee, or an agent of the candidate or his campaign committee or (ii)with material involvement of the candidate, a candidate's campaign committee,or an agent of the candidate or his campaign committee in devising thestrategy, content, means of dissemination, or timing of the expenditure.
"Designated contribution" means a contribution that is designatedspecifically and in writing for a particular candidate or candidates and thatis made using a political committee solely as a conduit.
"Expenditure" means money and services of any amount, and any other thingof value, paid, loaned, provided, or in any other way disbursed by anycandidate, campaign committee, political committee, or person for the purposeof expressly advocating the election or defeat of a clearly identifiedcandidate or by any inaugural committee for the purpose of defraying thecosts of the inauguration of a Governor, Lieutenant Governor, or AttorneyGeneral.
"Federal political action committee" means any political action committeeregistered with the Federal Election Commission that makes contributions tocandidates or political committees registered in Virginia.
"Inaugural committee" means any organization, person, or group of personsthat anticipates receiving contributions or making expenditures, from otherthan publicly appropriated funds, for the inauguration of the Governor,Lieutenant Governor, or Attorney General and related activities.
"Independent expenditure" means an expenditure made by any person,candidate campaign committee, or political committee that is not made to,controlled by, coordinated with, or made with the authorization of acandidate, his campaign committee, or an agent of the candidate or hiscampaign committee. "Independent expenditure" includes an expenditure madeby a candidate campaign committee (i) that is not related to the candidate'sown campaign and (ii) that is not made to, controlled by, coordinated with,or made with the authorization of a different candidate, his campaigncommittee, or an agent of that candidate or his campaign committee.
"In-kind contribution" means the donation of goods, services, property, orother thing of value, other than money, including an expenditure controlledby, coordinated with, or made upon the authorization of a candidate, hiscampaign committee, or an agent of the candidate or his campaign committee,that is provided for free or less than the usual and normal charge. The basisfor arriving at the dollar value of an in-kind contribution is as follows:new items are valued at retail value; used items are valued at fair marketvalue; and services rendered are valued at the actual cost of service perhour. Services shall not be deemed to include personal services voluntarilyrendered for which no compensation is asked or given.
"Out-of-state political committee" means an entity covered by § 527 of theUnited States Internal Revenue Code that is not registered as a politicalcommittee or candidate campaign committee in Virginia and that does not haveas its primary purpose expressly advocating the election or defeat of aclearly identified candidate. The term shall not include a federal politicalaction committee.
"Person" means any individual or corporation, partnership, business, labororganization, membership organization, association, cooperative, or otherlike entity.
"Political action committee" means any organization, person, or group ofpersons, established or maintained to receive and expend contributions forthe primary purpose of expressly advocating the election or defeat of aclearly identified candidate. The term shall not include a campaigncommittee, federal political action committee, out-of-state politicalcommittee, political party committee, referendum committee, or inauguralcommittee.
"Political committee" means and includes any political action committee,political party committee, referendum committee, or inaugural committee. Theterm shall not include: (i) a federal political action committee orout-of-state political committee; (ii) a campaign committee; (iii) apolitical party committee exempted pursuant to § 24.2-950.1; or (iv) a personwho receives no contributions from any source and whose only expenditures aremade solely from his own funds and are either contributions made by him whichare reportable by the recipient pursuant to this chapter or independentexpenditures which are reportable by him to the extent required by §24.2-945.2, or a combination of such reportable contributions and independentexpenditures.
"Political party committee" means any state political party committee,congressional district political party committee, county or city politicalparty committee, other election district political party committee, ororganized political party group of elected officials. This definition issubject to the provisions of § 24.2-950.1.
"Primary purpose" means that 50% or more of the committee's expendituresmade in the form of contributions shall be made to candidate campaigncommittees or political committees registered in Virginia. Administrativeexpenditures and the transfer of funds between affiliated or connectedorganizations shall not be considered in determining the committee's primarypurpose. The primary purpose of the committee shall not be determined on thebasis of only one report or election cycle, but over the entirety of thecommittee's registration.
"Referendum committee" means any organization, person, group of persons, orcommittee, that makes expenditures in a calendar year in excess of (i)$10,000 to advocate the passage or defeat of a statewide referendum, (ii)$5,000 to advocate the passage or defeat of a referendum being held in two ormore counties and cities, or (iii) $1,000 to advocate the passage or defeatof a referendum held in a single county or city.
"Residence" means "residence" or "resident" as defined in § 24.2-101.
"Statewide office" means the office of Governor, Lieutenant Governor, orAttorney General.
B. For the purpose of applying the filing and reporting requirements of thischapter, the terms "person" and "political committee," shall not includean organization holding tax-exempt status under § 501(c) (3), 501(c) (4), or501(c) (6) of the United States Internal Revenue Code which, in providinginformation to voters, does not advocate or endorse the election or defeat ofa particular candidate, group of candidates, or the candidates of aparticular political party.
(1970, c. 462, § 24.1-255; 1975, c. 515, § 24.1-254.1; 1981, c. 425, §24.1-254.2; 1983, c. 119; 1988, c. 616; 1991, cc. 9, 474, 709, § 24.1-254.3;1993, cc. 641, 776, 921, §§ 24.2-901, 24.2-902; 1994, c. 510; 1996, cc. 405,1042; 2004, c. 457; 2006, cc. 771, 772, 787, 805, 892, 938; 2007, cc. 246,831; 2008, cc. 152, 289.)