---
kind: "section"
citation: "11 C.F.R. § 100.16"
title: "11"
number: "100.16"
heading: "Independent expenditure (52 U.S.C. 30101(17))."
url: "https://uscodex.org/cfr/11/100.16"
---

# §100.16. Independent expenditure (52 U.S.C. 30101(17)).

- (a) The term independent expenditure means an expenditure by a person for a communication expressly advocating the election or defeat of a clearly identified candidate that is not made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a candidate's authorized committee, or their agents, or a political party committee or its agents. A communication is “made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a candidate's authorized committee, or their agents, or a political party committee or its agents” if it is a coordinated communication under [11 CFR 109.21](/cfr/11/109.21.md) or a party coordinated communication under [11 CFR 109.37](/cfr/11/109.37.md).
- (b) No expenditure by an authorized committee of a candidate on behalf of that candidate shall qualify as an independent expenditure.
- (c) No expenditure shall be considered independent if the person making the expenditure allows a candidate, a candidate's authorized committee, or their agents, or a political party committee or its agents to become materially involved in decisions regarding the communication as described in [11 CFR 109.21(d)(2)](/cfr/11/109.21.md?p=d-2), or shares financial responsibility for the costs of production or dissemination with any such person.

## Notes

### Amendments

[68 FR 451, Jan. 3, 2003]

### Authority

Authority: 52 U.S.C. 30101, 30102(g), 30104, 30111(a)(8), and 30114(c).

### Source

Source: 45 FR 15094, Mar. 7, 1980, unless otherwise noted.

### Amendments

[68 FR 451, Jan. 3, 2003]