Electioneering Communications

An electioneering communication means any advertisement that is broadcast from a cable, satellite, television, or radio broadcast station; published in any periodical or newspaper or by electronic means; or sent by mail, and that:  (1) Refers to a clearly identifiable candidate; (2) Is made, or scheduled to be made, either within 30 days before a primary or initial special election (i.e., July 14, 2022 to August 13, 2022) or within 60 days before a general or special election (i.e., September 9, 2022 to November 8, 2022); and (3) Is not susceptible to any reasonable interpretation other than as an appeal to vote for or against a specific candidate.

Persons, which include an individual, a partnership, a noncandidate committee, a party, an association, a corporation, a business entity, an organization, or a labor union and its auxiliary committees, who make electioneering communications in an aggregate amount of more than $1,000 during any calendar year, are statutorily required to file a Statement of Information for Electioneering Communication (eSign or Writable/Printable PDF) within 24 hours of each disclosure date with the Commission.  “Person” shall not include a candidate or candidate committee.

“Disclosure date” means, for every calendar year, the first date by which a person has made expenditures during that same year of more than $1,000 in the aggregate for electioneering communications.  Once a Statement is filed to disclose electioneering communications of more than $1,000 in the aggregate, no further Statements are required to be filed, no matter how much more money is spent on political advertisements in the same calendar year.

For purposes of this requirement, a person shall be treated as having made an expenditure if the person has executed a contract to make the expenditure.

Check out the Electioneering Communication Flow Chart to see if you need to file a Statement of Information for Electioneering Communication.

Statement of Information filings are available here: