§11-207.6  Electioneering communications. (a)  Every person who makes a disbursement for electioneering communications inan aggregate amount of $2,000 during any calendar year shall, withintwenty-four hours of each disclosure date provided in this section, file withthe commission a statement of information described in subsection (b).

(b)  Each statement required to be filed underthis section shall contain the following information:

(1)  The identification of the person making thedisbursement, any entity sharing or exercising discretion or control over suchperson, and the custodian of the books and accounts of the person making thedisbursement;

(2)  The state of incorporation and principal place ofbusiness or, for an individual, the address of the person making thedisbursement;

(3)  The amount of each disbursement during the periodcovered by the statement and the identification of the person to whom thedisbursement was made;

(4)  The elections to which the electioneeringcommunications pertain and the names, if known, of the candidates identified orto be identified;

(5)  If the disbursements were made by a committee,the names and addresses of all persons who contributed to the committee for thepurpose of publishing or broadcasting the electioneering communications;

(6)  If the disbursements were made by an organizationother than a committee, the names and addresses of all persons who contributedto the organization for the purpose of publishing or broadcasting theelectioneering communications; and

(7)  Whether or not any electioneering communicationis made in coordination, cooperation, or concert with or at the request orsuggestion of any candidate, candidate committee, political party or agent ofany candidate, candidate committee or political party and, if so, theidentification of the candidate, candidate committee, political party, or agentinvolved.

(c)  For the purposes of this section:

"Disclosure date" means, for everycalendar year, the first date by which a person has made disbursements duringthat same year of more than $2,000, in the aggregate, for electioneeringcommunications, and the date of any subsequent disbursements by that person forelectioneering communications.

"Electioneering communication" meansany advertising:

(1)  (A)  Broadcast from a cable, satellite,television, or radio broadcast station;

(B)  Published in any periodical or newspaper;or

(C)  Sent by mail at a bulk rate;

(2)  That refers to a clearly identifiable candidate;and

(3)  Is made, or scheduled to be made, either withinthirty days prior to a primary or initial special election or within sixty daysprior to a general or special election.

"Electioneering communication" shall notinclude communications:

(1)  In a news story or editorial disseminated by anybroadcast station or publisher of periodicals or newspapers, unless thefacilities are owned or controlled by any political party, political committee,or candidate;

(2)  That constitute expenditures by the disbursingorganization;

(3)  In in-house bulletins; or

(4)  That constitute a candidate debate or forum, orsolely promote a debate or forum and are made by or on behalf of the personsponsoring the debate or forum.

(d)  For purposes of this section, a personshall be treated as having made a disbursement if the person has executed acontract to make the disbursement. [L 1999, c 140, §1; am L 2005, c 203, §12]

 

Cross References

 

  Public service announcements by candidates for public office,see §11-10.