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Electioneering Communications

Electioneering Communications . An Online Presentation of the FEC Information Division. Objectives. Define the term electioneering communication Identify who may do electioneering communications Review disclosure requirements. Electioneering Communications .

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Electioneering Communications

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  1. Electioneering Communications An Online Presentation of the FEC Information Division

  2. Objectives • Define the term electioneering communication • Identify who may do electioneering communications • Review disclosure requirements

  3. Electioneering Communications • Created to regulate so-calledissue ads • Must be financed with funds from federally-permissible sources • Not subject to contribution limits

  4. Electioneering Communications: Definition Any broadcast, cable or satellite communication that: • Refers to clearly ID’ed candidate; • Is publicly distributed; • Is distributed during certain time period before election; and • Is targeted to the relevant electorate

  5. Electioneering Communications: Definition Any broadcast, cable or satellite communication that: • Refers to clearly ID’ed candidate; • Is publicly distributed; • Is distributed during certain time period before election; and • Is targeted to the relevant electorate

  6. Electioneering Communications: Definition Any broadcast, cable or satellite communication that: • Refers to clearly ID’ed candidate; • Is publicly distributed; • Is distributed during certain time period before election; and • Is targeted to the relevant electorate

  7. Electioneering Communications: Definition • Publicly Distributed: • Dissemination by TV or radio station or cable or satellite system • New! No longer limited to paid programming • Examples include: PSAs, commercialsand infomercials

  8. Electioneering Communications: Definition Any broadcast, cable or satellite communication that: • Refers to clearly ID’ed candidate; • Is publicly distributed; • Is distributed during certain time period before election; and • Is targeted to the relevant electorate

  9. Electioneering Communications: Definition • Proximity to Election: • Transmitted within 60 days prior to a general election or 30 days prior to a primary election • Includes elections where candidate is unopposed • Includes caucuses/conventions that nominate candidates www.fec.gov/info/charts_ec_dates.shtml

  10. Electioneering Communications: Definition Any broadcast, cable or satellite communication that: • Refers to clearly ID’ed candidate; • Is publicly distributed; • Is distributed during certain time period before election; and • Is targeted to the relevant electorate

  11. Electioneering Communications: Definition • Targeted to Relevant Electorate: • Communication can be received by >50,000 people in Congressional District (for House) or in State (for Senate) • FCC maintains database determining who can receive a communication • Not applicable to Presidential candidates http://gullfoss2.fcc.gov/ecd

  12. Electioneering Communications: Definition • Presidential/Vice Presidential Primaries • Ad considered publicly distributed if received • by ≥ 50,000 people for: • Primary/Caucus – in the state within30 days of election • Nominating Convention – anywhere inUS during period of 30 days prior throughlast day of convention

  13. Not an Electioneering Communication • Communication disseminated through means other than TV, satellite or radio • News story, commentary or editorial • Communication that qualifies as an “Expenditure” or “Independent Expenditure” • Candidate debate or forum • Communication by state or local candidate that does not promote, support, attack or oppose a federal candidate

  14. Objectives • Define the term electioneering communication • Identify who may do electioneering communications • Review disclosure requirements

  15. Application toCorporations and Unions • Prohibited from making or financing electioneering communications • New! Exemption for 501(c)(3) organizations removed – now subject to general EC provisions • Lobbying ads may be affected • SSF communications treated as reportable expenditure rather than EC

  16. Application to Corporations and Unions Exemption forQualified Nonprofit Corporations (QNC) • 501(c)(4) corporation that is ideological in nature, accepts no prohibited funds and has no business income • QNC must certify that it is eligible for the exemption when disclosing electioneering communications

  17. Application to “527” Organizations • Corporate prohibition does not apply to incorporated state candidate committees • Unincorporated, unregistered 527s may make electioneering communications • No corporate or labor funding • Disclosure required

  18. Application to Individuals and Partnerships • May make electioneering communications • No corporate or labor funding • Must be able to demonstrate that no prohibited funds were used • Must file disclosure reports

  19. Objectives • Define the term electioneering communication • Identify who may do electioneering communications • Review disclosure requirements

  20. Electioneering Communications:Disclosure Requirements • Electioneering communications aggregating $10,000 or more must be disclosed to FEC within 24 hours of the “disclosure date” • Disclosed using FEC Form 9 • Disclaimer required FEC Form 9 – www.fec.gov/pdf/forms/fecfrm9.pdf Brochure on disclaimers – www.fec.gov/pages/brochures/brochures.shtml

  21. FEC Resources Our web site: www.fec.gov Educational Outreach:www.fec.gov/info/outreach.shtml Toll free information line:(800) 424–9530 Email your questions to:info@fec.gov

  22. A Production of the FEC Information Division

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