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 at a bulk rate, and that:  (1) Refers to a clearly identifiable candidate; (2) Is made, or scheduled to be made, either within 30 days prior to a primary or initial special election (i.e., July 9, 2020 to August 8, 2020) or within 60 days prior to a general or special election (i.e., September 4, 2020 to November 3, 2020); 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 candidate committee or 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 $2,000 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.

“Disclosure date” means, for every calendar year, the first date by which a person has made expenditures during that same year of more than $2,000 in the aggregate for electioneering communications, and the date of any subsequent expenditures by that
person for electioneering communications.

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.

Statement of Information filings are available here: