Electioneering Communications

• Jurisdiction: United States
• Date: 12 September 2012

2 U.S.C. § 434(f)(3)(A) defines an electioneering communication ("EC") as any broadcast, cable or satellite communication that fulfills each of the following conditions:

The communication refers to a clearly identified candidate for federal office (this condition is met if a communication contains the candidate's nickname, name, image or makes any unambiguous reference to the person or their status as a candidate). The communication is publicly distributed shortly before an election for the office that candidate is seeking (the EC rules apply only 60 days before a general election or 30 days before a primary). For example, electioneering communications rules apply now regarding either candidate for president because we are 60 days before the general election. The communication is targeted to the relevant electorate (U.S. House and Senate candidates only). This means the communication can be received by 50,000 or more people in the district (House candidates) or state (Senate candidates). When Disclosure is Required

Disclosure of ECs is required when a person or organization makes electioneering communications that aggregate more than $10,000 in a calendar year. All EC reports are 24-hour reports, meaning it must file FEC Form 9 by 11:59 p.m. on the day following the disclosure date. The disclosure date is the date that the communication is first publicly distributed. Note that for each separate time costs aggregate to more than $10,000, an additional report is due within 24 hours of the disclosure date.

For example, say an organization makes an electioneering communication (TV ad) that costs $50,000 of air time and $10,000 in production costs, and it will be aired for one week. You would disclose this one time within 24 hours of the TV ad first airing, with $60,000 as the cost.

The organization then wants to run the same ad two weeks later. The organization pays $50,000 for the air time (no new production costs). You would file another disclosure report for this within 24 hours of the ad being publicly distributed again.

Contents of Disclosure Report

The 24-hour reports must include:

The name and principal place of business of the person or organization making the...