http://www.fec.gov/pdf/record/2002/nov02.pdf “Electioneering Communication” Defined
An electioneering communication is any broadcast, cable or satellite communication which fulfills each of the following conditions:
The communication refers to a clearly identified candidate. A communication refers to a clearly identified federal candidate if it contains the candidate’s name,nickname or image, or makes any unambiguous reference to the person or their status as a candidate, such as “the Democratic candidate for Senate.” 11 CFR 100.29(b)(2). The communication is publicly distributed. Generally, a communication is publicly distributed if it is disseminated for a fee by a television station, radio station, cable television system or satellite system. In the case of Presidential and Vice-Presidential candidates, the communication is publicly distributed if it can be received by 50,000 or more people:
• In a state where a primary election or caucus is being held within 30 days;
• Anywhere in the United States during the period between 30 days prior to the nominating convention and the conclusion of that convention; or
• Anywhere in the United States within 60 days prior to the general election. 11 CFR 100.29(b)(3)(ii).
The Commission will publish on its web site a list of the applicable event in each state that triggers the 30-day period for Presidential and Vice-Presidential candidates. Electioneering communications are limited to paid programming. The station must seek or receive payment for distribution of the communication. Both infomercials and commercials are included within the definition. 11 CFR
100.29(b)(3)(i).
The communication is distributed during a certain time period before an election. Electioneering communications are transmitted within 60 days prior to a general election or 30 days prior to a primary election for federal office, including elections in which the candidate is unopposed. A “primary election” includes any caucus or convention of a political party which has the authority to nominate a candidate to federal office. 11 CFR 100.29(a)(2).
This condition regarding the timing of the communication applies only to elections in which the candidate referred to is running.
In the case of Congressional candidates only, the communication is targeted to the relevant electorate.The communication targets the relevant electorate if it can be
received by 50,000 or more people in the district (in the case of a U.S. House candidate) or state (in the case of a Senate candidate) that the candidate seeks to represent. 11 CFR 100.29(b)(5).
The Federal Communications Commission (FCC) will provide on its web site the information necessary to determine whether a communication can be received by 50,000 people. Under interim rules promulgated by the FEC, if this information is not yet available, the person making a communication may argue that it could not have been received by 50,000 people of the relevant electorate. 1 To make this argument, they may:
• Use written documentation from the entity that transmitted the communication;
• Demonstrate that the communication is not distributed on a station located in a metropolitan area; or
• Demonstrate that the person possesses information which leads them to reasonably believe that the communication could not be received by 50,000 or more people in the relevant area.
Exemptions
The regulations at 11 CFR100.29(c)(1) through (6) exempt certain communications from the definition of “electioneering communication:”
• A communication that is disseminated through a means other than a television station, radio station, cable television system or satellite system. For example, printed media—including newspapers, magazines, bumper stickers, yard
signs and billboards—are not included, nor are communications over the Internet, e-mail or the telephone;
• A news story, commentary or editorial broadcast by a television station, radio station, cable television system or satellite system. However, the facilities may not be
owned or controlled by a political party, political committee or candidate, unless the communication satisfies the exemption for news stories at 11 CFR 100.132(a)
and (b);
• Expenditures or independent expenditures that must otherwise be reported to the Commission;
• A candidate debate or forum or a communication that solely promotes a debate or forum. Communications promoting the debate or forum must be made by or on behalf of the sponsor;
• Communications by state or local candidates that do not promote, support, attack or oppose federal candidates; and
• Communications by 501(c)(3) organizations. However, these organizations are still barred from participating in partisan political activity by the Internal Revenue Code. Making electioneering communications may jeopardize
their tax-exempt status.
Application
Corporations and Labor Organizations.
Corporations and labor organizations are prohibited from making or financing electioneering communications to those outside of their restricted class. 11 CFR 114.2(b)(2)(iii).
Regulations
1 The interim rules were published in the October 23, 2002, Federal Register (67 FR 65212), and are open to public comments until January 21, 2003. The full text of the final rules and the Explanation and Justification is
available on the FEC web site at
http://www.fec.gov/register.htm and from the FEC faxline at 202-501-3413 (document 358).
2 For further information on 501(c)(3)organizations,contact the Exempt Organizations division of the IRS at 1-877-829-5500.
3 Generally, the restricted class comprises the executive and administrative personnel and their families. It
also includes a corporation’s stockholders and their families, or a labor or membership organization’s members and their families. See 11 CFR 114.1(c) and (e).
Your excerpt of the law provides visual evidence of what a piece of sh*t this law is. Take one example: the 50,000 person limit. How can you have as a key part of a law a cutoff point that is impossible to determine with any accuracy? That in itself should have caused the law to be overturned - in many, many cases, there would be no way to establish whether this provision has or has not been violated. How can anyone tell whether a communication reaches 49,000 people, 50,000, or 51,000?