§11-207.6 - Electioneering communications.
§11-207.6 Electioneering communications.
(a) Every person who makes a disbursement for electioneering communications in
an aggregate amount of $2,000 during any calendar year shall, within
twenty-four hours of each disclosure date provided in this section, file with
the commission a statement of information described in subsection (b).
(b) Each statement required to be filed under
this section shall contain the following information:
(1) The identification of the person making the
disbursement, any entity sharing or exercising discretion or control over such
person, and the custodian of the books and accounts of the person making the
disbursement;
(2) The state of incorporation and principal place of
business or, for an individual, the address of the person making the
disbursement;
(3) The amount of each disbursement during the period
covered by the statement and the identification of the person to whom the
disbursement was made;
(4) The elections to which the electioneering
communications pertain and the names, if known, of the candidates identified or
to be identified;
(5) If the disbursements were made by a committee,
the names and addresses of all persons who contributed to the committee for the
purpose of publishing or broadcasting the electioneering communications;
(6) If the disbursements were made by an organization
other than a committee, the names and addresses of all persons who contributed
to the organization for the purpose of publishing or broadcasting the
electioneering communications; and
(7) Whether or not any electioneering communication
is made in coordination, cooperation, or concert with or at the request or
suggestion of any candidate, candidate committee, political party or agent of
any candidate, candidate committee or political party and, if so, the
identification of the candidate, candidate committee, political party, or agent
involved.
(c) For the purposes of this section:
"Disclosure date" means, for every
calendar year, the first date by which a person has made disbursements during
that same year of more than $2,000, in the aggregate, for electioneering
communications, and the date of any subsequent disbursements by that person for
electioneering communications.
"Electioneering communication" means
any 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 within
thirty days prior to a primary or initial special election or within sixty days
prior to a general or special election.
"Electioneering communication" shall not
include communications:
(1) In a news story or editorial disseminated by any
broadcast station or publisher of periodicals or newspapers, unless the
facilities are owned or controlled by any political party, political committee,
or candidate;
(2) That constitute expenditures by the disbursing
organization;
(3) In in-house bulletins; or
(4) That constitute a candidate debate or forum, or
solely promote a debate or forum and are made by or on behalf of the person
sponsoring the debate or forum.
(d) For purposes of this section, a person
shall be treated as having made a disbursement if the person has executed a
contract 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.