Independent Expenditure (IE) Mail Rules: Avoiding Coordination
Independent Expenditure (IE) Mail Rules: Avoiding Coordination are the regulatory bedrock that separates a successful Super PAC operation from a federal investigation. In the high-stakes world of Democratic politics, the ability to spend unlimited funds to support a Progressive champion or oppose a MAGA extremist is a powerful tool, but it comes with strict warnings. If your organization crosses the line into coordination with a candidate, you risk turning your expenditure into an illegal contribution. This guide walks you through the complex legal framework of keeping your mail program independent, compliant, and operationally lethal.
Mastering the Firewall: A Strategic Guide to IE Mail Compliance
To win effectively, you must first understand the legal terrain that defines the battlefield. The Federal Election Commission (FEC) defines an Independent Expenditure as a communication expressly advocating for the election or defeat of a clearly identified candidate that is not made in cooperation with that candidate. The danger zone for political mail is defined by the Three-Prong Coordination Test. First is the Payment prong: is it paid for by someone other than the candidate? Second is the Content prong: does it advocate for a vote within a specific window? Third, and most critical, is the Conduct prong. For Democratic operatives, the conduct prong is the primary hazard. If you use a vendor that also serves the candidate, and that vendor conveys non-public strategic plans to your IE committee, you have coordinated. This converts your unlimited independent expenditure into a prohibited in-kind contribution, potentially sinking your campaign infrastructure.
Strategic Approach: Building the Firewall
Your best defense against coordination allegations—and the only way to safely use top-tier talent—is a robust, documented firewall. The Firewall Safe Harbor allows an IE committee to use a commercial vendor (like a major Democratic mail firm) even if that firm also serves the candidate, provided a written policy prohibits the flow of strategic information between the teams. When selecting vendors, you must demand proof of this separation. Do they have physical separation of staff? Are there restricted server permissions? In our experience fighting for Democratic causes, relying on a vendor’s verbal assurance is essentially malpractice. You need written protocols distributed to all employees and signed affidavits to ensure your mail program remains truly independent. This allows you to access high-quality creative without tainting your expenditure.
Tactical Execution: Data, Creative, and Reporting
Executing a compliant IE mail program requires a siloed workflow that mimics a standalone campaign. Start by acquiring your own voter file access; never borrow the candidate’s NGP VAN login or use their data exports, as this implies resource sharing and coordination. When developing creative, ensure your messaging is derived from independent polling or public data, not private whispers from a campaign manager. Finally, you must master the reporting timelines. Unlike standard committee reports, IE mail often triggers 24-hour or 48-hour reporting windows with the FEC or state agencies like the FPPC. Late filing is not just an administrative error; it signals a lack of professional infrastructure to donors and regulators. Establish a workflow where your compliance counsel reviews every piece of mail—checking disclaimers and content—before it ever goes to the union printer.
3 Costly Mistakes to Avoid in IE Mail
Even seasoned operatives can fall into traps that invite audits. First, avoid the Common Vendor Trap without a firewall. If your mail consultant was in a strategy meeting with the candidate last week, they cannot work on your IE this week without a rigorous, pre-existing firewall. Second, avoid the Shared Asset slip-up. Using B-roll footage or high-resolution photos provided privately by the campaign is a direct violation; you must stick to public domain media or content you captured independently. Third, do not ignore state-specific proration rules. If your mailer supports a Governor and a State Senator, states like California require precise cost allocation based on surface area or piece count. Failing to prorate correctly can trigger inquiries that freeze your operations right before Election Day.
Pre-Launch Compliance Checklist
Before dropping your first flight of mail to defend the Blue Wall, run this compliance gauntlet. 1. Confirm your compliance counsel has approved your firewall policy in writing. 2. Verify your mail vendor has signed a rigorous non-coordination affidavit. 3. Ensure your voter data license is independently held and paid for by your committee. 4. Check that all disclaimers (Paid for by…) are legally accurate and clearly visible on the artwork. 5. Set up your 24-hour reporting triggers with your treasurer to ensure immediate transparency. 6. Double-check that no staff member on your team possesses key strategic knowledge obtained from the candidate’s internal operations.
The Sutton & Smart Difference
Winning against well-funded Republican incumbents requires more than just passion; it requires logistical precision that withstands legal scrutiny. At Sutton & Smart, we provide the full-stack infrastructure necessary to execute massive independent expenditure campaigns without crossing the line. Whether you need Union-Printed Direct Mail that hits mailboxes in swing districts or a compliance team to manage real-time FEC reporting, we build the firewalls that keep you safe. We ensure your data is siloed, your creative is independent, and your strategy is compliant. Don’t let a regulatory error disarm your campaign—let us handle the heavy logistics so you can focus on the victory.
Ready to Win?
Contact Sutton & Smart today to secure your IE infrastructure.
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Jon Sutton
An expert in management, strategy, and field organizing, Jon has been a frequent commentator in national publications.
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Have Questions?
Frequently Asked Questions
Yes, but only if the vendor implements a strict, written firewall policy that separates the staff and data working on your IE from the staff working for the candidate. Without this, you risk violating the conduct prong.
The expenditure loses its independence and is treated as an in-kind contribution. Since Super PACs and many other IEs cannot contribute directly to candidates, this usually results in an illegal excessive contribution, fines, and potential legal action.
Generally, yes, provided the materials are publicly available to everyone. However, you cannot use high-resolution files sent privately to you by the campaign, as that constitutes a transfer of non-public resources.
This article is provided for educational and informational purposes only and does not constitute legal, financial, or tax advice. Political campaign laws, FEC regulations, voter-file handling rules, and platform policies (Meta, Google, etc.) are subject to frequent change. State-level laws governing the use, storage, and transmission of voter files or personally identifiable political data vary significantly and may impose strict limitations on third-party uploads, data matching, or cross-platform activation. Always consult your campaign’s General Counsel, Compliance Treasurer, or state party data governance office before making strategic, legal, or financial decisions related to voter data. Parts of this article may have been created, drafted, or refined using artificial intelligence tools. AI systems can produce errors or outdated information, so all content should be independently verified before use in any official campaign capacity. Sutton & Smart is an independent political consulting firm. Unless explicitly stated, we are not affiliated with, endorsed by, or sponsored by any third-party platforms mentioned in this content, including but not limited to NGP VAN, ActBlue, Meta (Facebook/Instagram), Google, Hyros, or Vibe.co. All trademarks and brand names belong to their respective owners and are used solely for descriptive and educational purposes.
https://www.fppc.ca.gov/content/dam/fppc/NS-Documents/TAD/Campaign%20Manuals/Manual_4/Manual_4_Ch_11_IE_Reporting.pdf
https://www.acquisition.gov/far/part-3
https://www.opensecrets.org/campaign-expenditures
