Do CRG and CRLC Make “Independent Expenditures” for “Political Messages”?
Because the definition of “independent expenditure” incorporates the definition of “political message,” we begin our analysis with the definition of political message. Under § 103(11), a “political message” is a “message delivered by telephone, any print or electronic media, or other written material which advocates the election or defeat of any candidate or which unambiguously refers to such candidate.” Colorado urges us to adopt its reading of § 103(11). Under the state’s construction, the disjunctive phrase “advocates the election or defeat of . . . or . . . unambiguously refers to . . .” is read as if it were written in the conjunctive, thereby rendering the statute inapplicable to organizations — like CRLC and CRG — who do unambiguously refer to candidates, but do not expressly advocate their election or defeat. See Colo. Answer Br. at 16, 19 (Jan. 14, 2000). In other words, Colorado asks as to construe the fourth “or” in the definition as signifying “and.” We are unable to do s
