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Specific additional requirements for radio and television communications: "Stand by your ad" requirements A disclaimer is not clear and conspicuous if it is difficult to read or hear, or if the placement is easily overlooked. EXAMPLE “Paid for by the Court Jesters Union PAC (and not authorized by any candidate or candidate’s committee.” Visibility requirementsĪll disclaimers must be clear and conspicuous regardless of the medium in which the communication is transmitted. The disclaimer notice must also provide the payor's permanent street address, telephone number, or website address and must further state that the communication was not authorized by any candidate or candidate's committee.
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Wording of disclaimer noticeĪ disclaimer notice must contain the full name of the individual, group, political committee, corporation, or labor organization that paid for the communication, along with any abbreviated name it uses to identify itself. Communications paid for by an individual, a group, a political committee, a corporation, or a labor organization, but not authorized by a candidate or a candidate’s campaign, must contain a disclaimer notice identifying who paid for the communication and indicating whether any candidate or candidate’s committee authorized the communication. If reasonable minds could not differ as to the unambiguous electoral advocacy of the communication, it is express advocacy regardless of what the author intended.Īll independent expenditures require a disclaimer. The test is how a “reasonable” receiver of the communication objectively interprets the message.
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Note that the author’s intent is irrelevant. This test requires advocacy of a candidate that is unmistakable, unambiguous and suggestive of only one meaning (that being the election or defeat of a candidate). In the absence of such “explicit words of advocacy of election or defeat,” a communication expressly advocates when, taken as a whole and with limited reference to external events, such as the proximity to the election, it can only be interpreted by a “reasonable person” as advocating the election or defeat of one or more clearly identified candidate(s). Campaign slogan(s) or word(s)that in context can have no other reasonable meaning than to support or oppose a clearly identified candidate, for example, posters, bumper stickers and advertisements that say “Nixon’s the One,” “Carter ‘76,” “Reagan/Bush.”.“Defeat” accompanied by a photograph of the opposed candidate, or the opposed candidate’s name, or “reject the incumbent” and.Words urging action with respect to candidates associated with a particular issue, for example, “vote Pro-Life”/“vote Pro-Choice,” when accompanied by names or photographs of candidates identified as either supporting or opposing the issue.Senate in Georgia,” “Smith for Congress,” “Bill McKay in ‘22” "Democratic nominee,” “cast your ballot for the Republican challenger for the U.S.The following words convey a message of express advocacy: There are two ways that a communication can be considered express advocacy: by use of certain “explicit words of advocacy of election or defeat” or by meeting the “only reasonable interpretation” test.Įxplicit words of advocacy of election or defeat “Express advocacy” means that the communication includes a message that unmistakably urges election or defeat of one or more clearly identified candidate(s).
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Is not made in consultation or cooperation with, or at the request or suggestion of any candidate, or his or her authorized committees or agents, or a political party committee or its agents.Ī candidate is "clearly identified" if the candidate’s name, nickname, photograph or drawing appears, or the identity of the candidate is otherwise apparent through an unambiguous reference such as “the President,” “your Congressman,” “the Democratic presidential nominee,” “the Republican candidate for Senate in the State of Georgia.” Express advocacy.Expressly advocates the election or defeat of a clearly identified candidate and.
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An independent expenditure is an expenditure for a communication, such as a website, newspaper, TV or direct mail advertisement that: