17 Vt. Stat. Ann. § 2809

Law changed since Section 2809 was repealed effective January 23, 2014; § 2944 now addresses expenditures benefiting six or fewer candidates, subject to its own terms.

Section 2809(d) creates a rebuttable presumption that a political party or committee expenditure benefiting six or fewer candidates is a related expenditure; the presumption is constitutional.

Landell v. Sorrell · filed 2000-08-28(d)

Additionally, Section 2809(d)’s establishment of a rebuttable presumption that an expenditure by a political party or political committee is related if it benefits six or fewer candidates, as clarified by the Secretary of State, is constitutional.

Law changed since Section 2809 was repealed effective January 23, 2014; § 2944 now addresses candidate facilitation, solicitation, and approval of related expenditures.

Section 2809(c) treats spending on a candidate’s behalf as a related campaign expenditure when the candidate or campaign intentionally facilitates, solicits, or approves it.

McMullen v. Comm. for Justice & Fairness · filed 2013-01-28(c)

Because McMullen has failed to prove that Dean acted as an agent of the Sorrell campaign, or that Sorrell or his campaign intentionally facilitated, solicited, or approved the CJF expenditures, this court must deny McMullen’s petition for a determination and dismiss his petition with prejudice.

Law changed since Section 2809 was repealed effective January 23, 2014; § 2944 now governs related expenditures, so this construction describes the former section.

Section 2809(c) requires express and intentional coordination between a candidate and a spender before an expenditure is considered coordinated.

Vermont Right to Life Committee, Inc. v. Sorrell · filed 2012-06-21(c)

As previously noted, however, Vermont law, by virtue of "on whose behalf,” contemplates express and intentional coordination between the candidate and the spender before an expenditure is considered "coordinated.” See Vt. Stat. Ann. tit. 17, § 2809(c). The record does not evidence any expenditures designated as FIPE’s that were undertaken at the Dubie campaign’s explicit direction.

Law changed since Same change as noted above.

Section 2809(c) requires prearrangement or coordination with a candidate for an expenditure to be “facilitated by” the candidate; sharing routine information alone is insufficient.

Landell v. Sorrell · filed 2004-08-18(c)

Accordingly, we construe the phrase "facilitated by" as requiring some "prearrangement" or "coordination" with the candidate.