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Alabama

Definition of Electioneering Communications

Electioneering communication means any communication disseminated through any federally regulated broadcast media, any mailing, or other distribution, electronic communication, phone bank, or publication which:

  • Contains the name or image of a candidate.
  • Is made within 120 days of an election in which the candidate will appear on the ballot.
  • The only reasonable conclusion to be drawn from the presentation and content of the communication is that it is intended to influence the outcome of an election.
  • Entails an expenditure in excess of $1,000.

(Ala. Code § 17-5-2)

What Communications are Covered

Broadcast media, any mailing, or other distribution, electronic communication, phone bank, or publication that is made within 120 days of an election.

What Needs to be Reported

Any person, campaign committee, PAC, non-profit organization, or other entity paying for an electioneering communication must disclose the contributions received for funding the electioneering communication and to whom payments are made related to the electioneering communication to the secretary of states. These disclosures of contributions and expenditures is to be made in the same forms and at the time as required of political action committees.

PACs supporting a proposition must file a report containing contribution and expenditure disclosures. The report must disclose:

  • The identity of each person who has made contributions within the calendar year in an aggregate amount greater than $100. This includes names, addresses, amounts and date of contributions.
  • The name and city of residence of each person who has made contributions within the calendar year in an aggregate amount greater than $100.
  • The total amount of other contributions received during the calendar year that are not reported under the itemized section.
  • The amount of cash or other assets on hand at the beginning of the reporting period and at the end of the reporting period.
  • The identification of each person to whom expenditures have been made by or on behalf of such committee or elected official within the calendar year in an aggregate amount greater than $100, including the amount, date and purpose of each such expenditure and, if applicable, the designation of each constitutional amendment or other proposition with respect to which an expenditure was made.
  • The identification of each person to whom an expenditure for personal services, salaries and reimbursed expenses greater than $100 has been made, and which is not otherwise reported or exempted from the provisions of this chapter, including the amount, date and purpose of such expenditure.
  • The grand total of all expenditures made by such committee or elected official during the calendar year.
  • The amount and nature of campaign debts and obligations owed by or to the committee or elected official, together with a statement as to the circumstances and conditions under which any such debt or obligation was extinguished and the consideration.

(Code of Ala. § 17-5-8)

Alaska

Definition of Electioneering Communications

Electioneering communication means a communication that:

  • Directly or indirectly identifies a candidate.
  • Addresses an issue of national, state or local political importance and attributes a position on that issue to the candidate identified.
  • Occurs within the 30 days preceding a general or municipal election.

(Alaska Stat. § 15.13.400, 2 Alaska Admin. Code 50.405)

What Communications Are Covered

Print or broadcast media, including radio, television, cable and satellite, the internet, or through a mass mailing that occurs within 30 days of an election.

(Alaska Stat. § 15.13.400)

What Needs to Be Reported

Any person who conducts or transmits any electioneering communication must make a full report of expenditures made and contributions received to the Alaska Public Offices Commission. The report must contain:

  • The name, address, principal occupation and employer of the individual filing the report.
  • An itemized list of all expenditures made, incurred or authorized by the person.
  • The name of the candidate or the title of the ballot proposition or question supported or opposed by each expenditure and whether the expenditure is made to support or oppose the candidate or ballot proposition or question.
  • The name and address of each officer and director, when applicable.
  • The aggregate amount of all contributions made to the person, if any, for the purpose of making the electioneering communication; for all contributions, the date of the contribution and amount contributed by each contributor. The report must disclose:
    • If from an individual, the report must disclose the name and address of the contributor and, for contributions in excess of $50 in the aggregate during a calendar year, the name, address, principal occupation and employer of the contributor.
    • If not from an individual, the report must disclose the name and address of the contributor and the name and address of each officer and director of the contributor.
  • For each paid expenditure:
    • The date of payment.
    • The check number or the identifying transaction number if paid by other means.
    • The name and address of the payee.
    • The purpose of the expenditure.
    • The amount of the expenditure.
  • For each required expenditure made to an advertising agency or to an individual or business that provides campaign consultation or management services, the report must disclose in detail all services rendered, including the name of each business from which campaign goods or services were purchased or subcontracted or media advertising placed, and the amount of the expenditure.

A nongroup entity is a person, other than an individual, that takes action the major purpose of which is to influence the outcome of an election, and that cannot participate in business activities (e.g., 501(c)(4) organization). Such an entity must report the following:

  • The name and address of each officer and director of the nongroup entity.
  • The aggregate amount of all contributions made to the nongroup entity for the purpose of making the electioneering communication.
  • The name, address, date and amount contributed by each contributor, for all contributions in excess of $250 in the aggregate during a calendar year, the principal occupation and employer of the contributor, and for all contributions in excess of $2,000 in the aggregate during a calendar year, the true source of such contributions and all intermediaries, if any.
  • The date and amount of all expenditures made, incurred or authorized by the nongroup entity for the purpose of making the electioneering communication.
  • A nongroup entity shall report contributions made to a another nongroup entity for the purpose of making electioneering communications and expenditures on behalf of a different nongroup entity as soon as the total contributions and expenditures reach $500 in a year and for all subsequent contributions and expenditures.

(Alaska Stat. §§ 15.13.040, 15.13.110, 2 Alaska Admin. Code 50.321)

Arizona

Definition of Electioneering Communications

Arizona does not define electioneering communications. Political advertisements are addressed under expenditures.

Arkansas

Definition of Electioneering Communications 

Arkansas does not define electioneering communications. Political advertisements are addressed under expenditures. 

California

Definition of Electioneering Communications 

California does not define electioneering communications but does define campaign advertising/communication. Campaign advertising or communication means a communication authorized by a candidate or a candidate’s controlled committee, or by a committee making independent expenditures, or by a committee formed primarily to support or oppose a ballot measure for the purpose of advocating the election or defeat of a qualified candidate or ballot measure through any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing, or any other type of general, public or political advertising. 

(Cal. Elec. Code § 304)  

What Communications Are Covered 

Any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing, or any other type of general, public or political advertising. 

What Needs to Be Reported 

Any person who makes a payment or a promise of payment totaling $50,000 or more for a communication that clearly identifies a candidate for elective state office, but does not expressly advocate the election or defeat of the candidate, and that is disseminated, broadcast or otherwise published within 45 days of an election, must file electronically with the secretary of state a report disclosing: 

  • The name of the person making the payment or promise of a payment. 
  • The address of the person making the payment or promise of a payment. 
  • The occupation and employer of the person, or the committee’s identification number issued by the secretary of state. 
  • The amount and date of the payment or promise. 
  • The name of the candidate(s) and the office(s) sought or held by the candidate(s) featured in the communication. 
  • The following details, if the person filing the report receives a payment of $5,000 or more, or a promise for such a payment, from any one source for the purpose of funding the communication: 
  • The name and address of the funding source. 
  • The source’s occupation and employer, if required, or committee identification number issued by the secretary of state. 
  • The amount and date of the payment or promise. 

The report must be filed within 48 hours of making the payment or the promise to make the payment. 

(Cal. Gov’t Code § 85310) 

Colorado

Definition of Electioneering Communications 

Electioneering communication means any communication broadcasted by television or radio, printed in a newspaper or on a billboard, directly mailed or delivered by hand to personal residences or otherwise distributed that: 

  • Unambiguously refers to any candidate. 
  • Is broadcasted, printed, mailed, delivered or distributed within 30 days before a primary election or 60 days before a general election. 
  • Is broadcasted to, printed in a newspaper distributed to, mailed to, delivered by hand to or otherwise distributed to an audience that includes members of the electorate for such public office. 

(Colo. Const. Art. XXVIII, Section 2) 

What Communications Are Covered 

Any communication that is broadcast, printed, mailed or delivered or placed on a website, streaming media service or online forum for a fee that is broadcasted or published within 30 days of a primary election or 60 days of a general election. 

(C.R.S. § 1-45-108) 

What Needs to Be Reported 

Any person who expends $1,000 or more per calendar year on electioneering communications must report to the secretary of state. The report must include: 

  • The amount expended on the communications. 
  • The name and address of any person who contributes more than $250 per year to the person expending $1,000 or more on the communications. 
  • The person’s occupation and employer, if the person making a contribution of more than $250 is a natural person (nonbusiness individual). 
  • The name of the candidate or candidates unambiguously referred to in the electioneering communication. 
  • The method and dates of the communication. 

(C.R.S. § 1-45-108) 

Connecticut

Definition of Electioneering Communications 

Connecticut addresses electioneering communications in the expenditure definition. Expenditure means: 

Any communication that refers to one or more clearly identified candidates and is broadcast by radio, television, other than on a public access channel, or by satellite communication or via the internet, or as a paid-for telephone communication, or appears in a newspaper, magazine or on a billboard, or is sent by mail made prior to the 90-day period preceding the date of an election for the purpose of influencing any legislative, administrative or executive action. 

What Communications Are Covered 

Any communication by radio, television, satellite, internet, telephone or a communication that appears in a newspaper, magazine or on a billboard, or is sent by mail within 90 days before an election. 

What Needs to Be Reported 

Any person paying for an electioneering communication must disclose the contributions received and the expenses made for the electioneering communication to the Elections Enforcement Commission. These disclosures of contributions and expenditures are to be made on the same forms and at the time as required of political committees. Each finance disclosure statement must include: 

  • Name of contributor. 
  • Address of contributor. 
  • The amount received during the relevant reporting period. 
  • Method of contribution. 
  • Date of the contribution. 
  • The aggregate amount of contributions. 
  • The principal occupation and employer for each individual who contributes in excess of $100 but not more than $1,000, in the aggregate, to the extent known. 
  • The principal occupation and employer for each individual who contributes in excess of $1,000, in the aggregate. 
  • Each itemized contribution made by a lobbyist, the spouse of a lobbyist or any dependent child of a lobbyist who resides in the lobbyist’s household. 
  • Each expenditure, regardless of the amount, separately itemized, including the full name and complete address of each payee, including secondary payees. 
  • The amount and the purpose of the expenditure. 
  • A statement of the balance on hand or deficit. 
  • Each expense incurred but not paid, provided if the expense is incurred by use of a credit card; the accounting must include secondary payees and the amount owed to each such payee. 

(Conn. Gen. Stat. § 9-608) 

Delaware

Definition of Electioneering Communications 

Electioneering communication means a communication by any individual or other person (other than a candidate committee or a political party) that: 

  • Refers to a clearly identified candidate. 
  • Is publicly distributed within 30 days before a primary election or special election, or 60 days before a general election to an audience that includes members of the electorate for the office sought by such candidate.  

A person includes any individual, corporation, company, incorporated or unincorporated association, general or limited partnership, society, joint stock company and any other organization or institution of any nature. 

(15 Del. C. § 8002) 

What Communications Are Covered 

A communication made: 

  • Within 30 days before a primary or special election or 60 days before a general election. 
  • Through television, radio, newspaper or other periodical, sign, internet, mail or telephone. 

What Needs to Be Reported 

Third-party advertisement means an electioneering communication. Any person other than a candidate committee or political party who makes an expenditure for any third-party advertisement that causes the aggregate amount of expenditures to exceed $500 during an election period must file a third-party advertisement report with the Department of Elections. Each report must disclose:  

For expenditures over $100: 

  • The full name and mailing address of each person to whom any expenditure has been made. 
  • The amount, date and purpose of each such expenditure. 
  • The name of, and office sought by, each candidate on whose behalf such expenditure was made. 

For contributions over $100: 

  • The full name and mailing address of each person who has made contributions. 
  • The total of all contributions from such person during the election period. 
  • The amount and date of all contributions from such person during the reporting period. 
  • For a person who made a contribution but is not an individual, the full name and mailing address of: 
  • Any person who, directly or otherwise, owns a legal or equitable interest of 50% or greater in such entity. 
  • One responsible party, if the aggregate amount of contributions made by such entity during the election period exceeds $1,200. 
  • The aggregate amount of all contributions made to the person who made the expenditure. 

(15 Del. C. §§ 8030, 8031) 

District of Columbia

Definition of Electioneering Communications 

The District of Columbia does not define electioneering communications. Political advertisements are addressed under expenditures. 

Florida

Definition of Electioneering Communications 

Electioneering communication means a text message or communication that is publicly distributed by a television station, radio station, cable television system, satellite system, newspaper, magazine, direct mail or telephone which: 

  • Refers to or depicts a clearly identified candidate for office without expressly advocating the election or defeat of a candidate but that is susceptible of no reasonable interpretation other than an appeal to vote for or against a specific candidate. 
  • Is made within 30 days before a primary or special primary election or 60 days before any other election for the office sought by the candidate. 
  • Is targeted to the relevant electorate in the geographic area the candidate would represent if elected. 

Electioneering communications organization means any group, other than a political party, affiliated party committee or political committee, whose election-related activities are limited to making expenditures for electioneering communications or accepting contributions for the purpose of making electioneering communications and whose activities would not otherwise require the group to register as a political party or political committee. 

An expenditure for an electioneering communication is made when the earliest of the following occurs: 

  • A person enters into a contract for applicable goods or services. 
  • A person makes payment, in whole or in part, for the production or public dissemination of applicable goods or services. 
  • The electioneering communication is publicly disseminated. 

(Fla. Stat. § 106.011) 

What Communications Are Covered 

Any communication that is: 

  • Made within 30 days before a primary or special primary election or 60 days before any other election for the office sought by the candidate. 
  • A text message or communication that is publicly distributed by a television station, radio station, cable television system, satellite system, newspaper, magazine, direct mail or telephone. 

(Fla. Stat. § 106.011) 

What Needs to Be Reported 

An electioneering communications organization must disclose: 

  • The full name, address and occupation, if any, of each person who has made one or more contributions to or for such electioneering communications organization within the reporting period, together with the amount and date of such contributions. For corporations, the report must provide as clear a description as practicable of the principal type of business conducted by the corporation. However, if the contribution is $100 or less, the occupation of the contributor or the principal type of business need not be listed. 
  • The name and address of each political committee from which or to which the reporting electioneering communications organization made any transfer of funds, together with the amounts and dates of all transfers. 
  • Each loan for electioneering communication purposes to or from any person or political committee within the reporting period, together with the full names, addresses, occupations and principal places of business, if any, of the lender and endorsers, if any, and the date and amount of such loans. 
  • A statement of each contribution, rebate, refund or other receipt not otherwise listed. 
  • The full name and address of each person to whom expenditures have been made by or on behalf of the electioneering communications organization within the reporting period and the amount, date and purpose of each expenditure. 
  • The full name and address of each person to whom an expenditure for personal services, salary or reimbursement for expenses has been made and that is not otherwise reported, including the amount, date and purpose of the expenditure. 
  • The total sum of expenditures made by the electioneering communications organization during the reporting period. 
  • The amount and nature of debts and obligations owed by or to the electioneering communications organization that relate to the conduct of any electioneering communication. 
  • Transaction information for each credit card purchase. Receipts for each credit card purchase must be retained by the electioneering communications organization. 
  • The primary purposes of an expenditure made indirectly through an electioneering communications organization for goods and services, such as communications media placement or procurement services and other expenditures that include multiple components as part of the expenditure. The primary purpose of an expenditure shall be that purpose, including integral and directly related components, that comprises 80% of such expenditure. 

(Fla. Stat. § 106.0703) 

Candidates, political committees and other persons report electioneering communications in their expenditure reports. 

(Fla. Stat. § 106.07) 

Georgia

Definition of Electioneering Communications 

Georgia does not define electioneering communications. Political advertisements are addressed under expenditures. 

Hawaii

Definition of Electioneering Communications 

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: 

  • Refers to a clearly identifiable candidate. 
  • Is made, or scheduled to be made, either within 30 days prior to a primary or initial special election or within 60 days prior to a general or special election. 
  • Is not susceptible to any reasonable interpretation other than as an appeal to vote for or against a specific candidate. 

(Haw. Rev. Stat. Ann. § 11-341) 

What Communications Are Covered 

Any advertisement that is: 

  • Made, or scheduled to be made, either within 30 days prior to a primary or initial special election or within 60 days prior to a general or special election. 
  • Broadcast from a cable, satellite, television or radio broadcast station; published in any periodical or newspaper or by electronic means; or sent by mail. 

(Haw. Rev. Stat. Ann. § 11-341) 

What Needs to Be Reported 

Each person who makes an expenditure for electioneering communications in an aggregate amount of more than $1,000 during any calendar year must file with the Campaign Spending Commission a statement of information within 24 hours. Each statement must contain the following: 

  • The name of the person making the expenditure, name of any person or entity sharing or exercising discretion or control over the person, and the custodian of the books and accounts of the person making the expenditure. 
  • The names and titles of the executives or board of directors who authorized the expenditure, if the expenditure was made by a noncandidate committee, business entity or an organization. 
  • The state of incorporation or formation and principal address of the noncandidate committee, business entity or organization, or for an individual, the name, address, occupation and employer of the individual making the expenditure. 
  • The amount of each expenditure during the period covered by the statement and the identification of the person to whom the expenditure was made. 
  • The elections to which the electioneering communications pertain and the names of any clearly identifiable candidates and whether those candidates are supported or opposed. 
  • For expenditures made by a noncandidate committee, the names and addresses of all persons who contributed to the noncandidate committee for the purpose of publishing or broadcasting (earmarked funds) the electioneering communications,. 
  • For expenditures made by an organization other than a noncandidate committee, the names and addresses of all persons who contributed to the organization for the purpose of publishing or broadcasting (earmarked funds) the electioneering communications. 
  • Whether any electioneering communication is made in coordination, cooperation or concert with or at the request or suggestion of any candidate, candidate committee or noncandidate committee, or agent of any candidate, if any, and if so, the identification of the candidate, candidate committee or noncandidate committee, or agent involved. 
  • The three top contributors, if applicable. “Top contributor” means a contributor who has contributed an aggregate amount of $10,000 or more to a noncandidate committee within a 12-month period prior to the purchase of an advertisement. 

(Haw. Rev. Stat. Ann. § 11-341) 

Idaho

Definition of Electioneering Communications 

Electioneering communication means any communication broadcast by television or radio, printed in a newspaper or on a billboard, directly mailed or delivered by hand to personal residences, or telephone calls made to personal residences, or otherwise distributed that: 

  • Unambiguously refers to any candidate. 
  • Is broadcasted, printed, mailed, delivered, made or distributed within 30 days before a primary election or 60 days before a general election. 
  • Is broadcasted to, printed in a newspaper, distributed to, mailed to or delivered by hand to, telephone calls made to, or otherwise distributed to an audience that includes members of the electorate for such public office. 

(Idaho Code § 67-6602) 

What Communications Are Covered 

Any communication that is: 

  • Made or distributed within 30 days before a primary election or 60 days before a general election. 
  • Broadcast by television or radio, printed in a newspaper or on a billboard, directly mailed or delivered by hand to personal residences, or telephone calls made to personal residences. 

(Idaho Code § 67-6602) 

What Needs to Be Reported 

Any person who conducts or transmits any electioneering communication shall be required to file a statement on a form provided by the secretary of state. Contents of the statement must include: 

  • The amount spent on such communications. 
  • The name and address of any persons who contribute $50 or more. 
  • Date of public distribution. 
  • Method of communication. 
  • Name of candidates referred to and whether it is in support or opposition. 

(Idaho Code § 67-6628) 

Illinois

Definition of Electioneering Communications 

Electioneering communication means: 

  • Any broadcast, cable or satellite communication, including radio, television or internet communication that refers to: 
  • A clearly identified candidate or candidates who will appear on the ballot for nomination for election, election or retention. 
  • A clearly identified political party. 
  • A clearly identified question of public policy that will appear on the ballot. 
  • Is made within 60 days before a general election or consolidated election or 30 days before a primary election. 
  • Is targeted to the relevant electorate. 
  • Is susceptible to no reasonable interpretation other than as an appeal to vote for or against a clearly identified candidate for nomination for election, election or retention, a political party, or a question of public policy. 

(10 ILCS 5/9-1.14) 

What Communications Are Covered 

Any communication that is: 

  • Made within 60 days before a general election or consolidated election or 30 days before a primary election. 
  • A broadcast, cable or satellite communication, including radio, television or internet communication. 

(10 ILCS 5/9-1.14) 

What Needs to Be Reported 

Any trust, partnership, committee, association, corporation or other organization or group of persons that makes electioneering communications that are not made in connection, consultation or concert with a public official or candidate must file reports required by an independent expenditure committee. 

Contributions more than $150 must be itemized with: 

  • The full name and mailing address of contributor. 
  • The amount and date of contributions. 
  • The occupation and employer of the contributor, if the contributor is an individual who contributed more than $500, or a statement that the committee has made a good-faith effort to ascertain this information, if the occupation and employer of the contributor are unknown. 
  • The total sum of individual contributions made to or for the committee during the reporting period. 
  • The total sum of all receipts by or for the committee or candidate during the reporting period. 

Expenditures and itemized expenditures more than $150, in an aggregate amount or value, must include: 

The full name and mailing address of each person to whom expenditures have been made by the committee or candidate within the reporting period, including: 

  • The amount. 
  • The date. 
  • The purpose of each expenditure. 
  • The question of public policy or the name and address of, and the office sought by, each candidate on whose behalf that expenditure was made. 
  • The total sum of expenditures made by the committee during the reporting period. 

(10 ILCS 5/9-1.8, 10 ILCS 5/9-9.5, 10 ILCS 5/9-11) 

Indiana

Definition of Electioneering Communications 

Indiana does not define electioneering communications. Political advertisements are addressed under expenditures. 

Iowa

Definition of Electioneering Communications 

Iowa does not define electioneering communications. Political advertisements are addressed under expenditures. 

Kansas

Definition of Electioneering Communications 

Kansas does not define electioneering communications. Political advertisements are addressed under expenditures. 

Kentucky

Definition of Electioneering Communications 

Kentucky does not define electioneering communications. Political advertisements are addressed under expenditures. 

Louisiana

Definition of Electioneering Communications 

Electioneering communication means any broadcast, cable or satellite communication that refers to a legally qualified candidate for elected office and is broadcast within 60 days before any election in which such candidate is on the ballot. 

(La. R.S. § 18:1463) 

What Communications Are Covered 

Any communication that is any broadcast, cable or satellite communication that is made within 60 days before any election. 

What Needs to Be Reported 

Political committees and other persons must file expenditure reports and each report should contain the following information: 

  • The full name and address of each person to whom an expenditure has been made by the candidate during the reporting period. 
  • The amount of expenditure. 
  • A description of the purpose as it relates to the expenditure. 
  • The date of each expenditure. 
  • A brief description of an in-kind expenditure, as well as the valuation made by the candidate and the campaign treasurer and the date(s) of the expenditure. 
  • The aggregate amount of expenditures and the aggregate valuation of in-kind expenditures for each such person when multiple expenditures have been made to the same person during the reporting period. 
  • The aggregate amount expended for each candidate. 

(La. R.S. §§ 18:1495.5, 18:1491.7, 18:1501.1) 

Maine

Definition of Electioneering Communications 

Maine addresses electioneering communications in the independent expenditure definition. 

Any expenditure made by a person, party committee or political action committee that is not made in cooperation, consultation or concert with, or at the request or suggestion of, a candidate, a candidate’s authorized political committee that is made to design, produce or disseminate a communication that names or depicts a clearly identified candidate and is disseminated during the 28 days, including election day, before a primary election; 35 days, including election day, before a special election; or from Labor Day to a general election day. 

What Communications Are Covered 

Any communication through broadcasting stations, cable television systems, newspapers, magazines, publicly accessible sites on the internet, direct mails or other similar types of general public political advertising made 28 days, including election day, before a primary election; 35 days, including election day, before a special election; or from Labor Day to a general election day. 

What Needs to Be Reported 

A person, party committee or political action committee that makes any independent expenditure in excess of $250 during any one candidate’s election must file a report with the Commission on Governmental Ethics and Election Practices. A report must contain: 

  • An itemized account of each expenditure in excess of $250 in any one candidate’s election. 
  • The date and purpose of each expenditure. 
  • The name of each payee or creditor. 
  • Whether the expenditure is in support of or in opposition to the candidate. 
  • A statement under oath or affirmation whether the expenditure is made in cooperation, consultation or concert with, or at the request or suggestion of, the candidate or an authorized committee or agent of the candidate. 

(21-A M.R.S. §§ 1014, 1019-B) 

Maryland

Definition of Electioneering Communications 

Electioneering communication means a broadcast television or radio communication, a cable television communication, a satellite television or radio communication, a mass mailing, an email blast, a text blast, a telephone bank, a qualifying paid digital communication, or an advertisement in a print publication that: 

  • Refers to a clearly identified candidate or ballot issue. 
  • Is made within 60 days of an election day on which the candidate or ballot issue is on the ballot. 
  • Is capable of being received by: 
  • 50,000 or more individuals in the constituency where the candidate or ballot issue is on the ballot, if the communication is transmitted by television or radio; or 
  • 5,000 or more individuals in the constituency where the candidate or ballot issue is on the ballot, if the communication is a mass mailing, an email blast, a text blast, a telephone bank, a qualifying paid digital communication, or an advertisement in a print publication. 
  • Is not made in coordination with, or at the request or suggestion of, a candidate, a campaign finance entity of a candidate, an agent of a candidate or a ballot issue committee. 

(Md. Code Ann., Elec. Law § 13-307) 

What Communications Are Covered 

Any communication that is: 

  • Any broadcast television or radio communication, cable television communication, satellite television or radio communication, newspaper, magazine, outdoor advertising facility, mass mailing, email blast, text blast, qualifying paid digital communication, or telephone bank to the general public, or any other form of general public political advertising. 
  • Made within 60 days of an election day on which the candidate or ballot issue is on the ballot. 

(Md. Code Ann., Elec. Law § 13-307) 

What Needs to Be Reported 

Any person who conducts or transmits any electioneering communication must be required to file an electioneering communication report with the State Board of Elections. The report must include the following information: 

  • The identity of the person making disbursements for electioneering communications and of the person exercising direction or control over the activities of the person making the disbursements for electioneering communications. 
  • At least one of the following, unless neither are applicable, for an entity required to file an electioneering communication report under this section: 
  • If the entity submits regular, periodic reports to its shareholders, members or donors, include in each report in a clear and conspicuous manner the information for each disbursement for electioneering communications made during the period covered by the report that must be included in an electioneering communication report. 
  • If the entity maintains an internet site, post on that site a hyperlink from its homepage to the internet site where the entity’s electioneering communication report information is publicly available. 
  • The business address of the person making the disbursements for electioneering communications. 
  • The amount and date of each disbursement for electioneering communications during the period covered by the report and the person to whom the disbursement was made. 
  • The candidate or ballot issue to which the electioneering communications relate. 
  • The identity of each person who made cumulative donations of $6,000 or more to the person making the disbursements for electioneering communications during the period covered by the report. 

(Md. Code Ann., Elec. Law § 13-307) 

Massachusetts

Definition of Electioneering Communications 

Electioneering communication means any broadcast, cable, mail, satellite or print communication that: 

  • Refers to a clearly identified candidate. 
  • Is publicly distributed within 90 days before an election in which the candidate is seeking election or reelection; provided, however, that “electioneering communication” shall not include the following communications: 
  • A communication that is disseminated through a means other than a broadcast station, radio station, cable television system or satellite system, newspaper, magazine, periodical, billboard advertisement or mail. 
  • A communication to less than 100 recipients. 
  • A news story, commentary, letter to the editor, news release, column, op-ed or editorial broadcast by a television station, radio station, cable television system or satellite system, or printed in a newspaper, magazine or other periodical in general circulation. 
  • Expenditures or independent expenditures or contributions that must otherwise be reported. 
  • A communication from a membership organization exclusively to its members and their families, otherwise known as a membership communication. 
  • Bona fide candidate debates or forums and advertising or promotion of the same. 
  • Email communications. 
  • Internet communications which are not paid advertisements. 

(Mass Gen. Laws ch. 55, § 1) 

What Communications Are Covered 

Any communication that is: 

  • Any broadcast, cable, mail, satellite or print communication, including paid radio, television or internet advertising. 
  • Made within 90 days before an election in which the candidate is seeking election or reelection. 

(Mass Gen. Laws ch. 55, § 1, Mass Gen. Laws ch. 55, § 18G) 

What Needs to Be Reported 

Any person who conducts or transmits any electioneering communication aggregating $1,000 or more must file a report with the Office of Campaign and Political Finance. The report must include the following information, within seven days after making the expenditure: 

  • The name and address of the individual, group, association, corporation, labor union or other entity making the electioneering communication. 
  • The name of any candidate clearly identified in the communication. 
  • The total amount or value of the communication. 
  • The name and address of the vendor to whom the payments were made and the purpose and date of the expenditure. 
  • Any individual, group, association, corporation, labor union or other entity not defined as a political committee who makes electioneering communication expenditures in an aggregate amount exceeding $250 during a calendar year who receives funds to make electioneering communications shall include in the electronic filing the date the funds were received, the name and address of the provider of funds in excess of $250, if any, and the value of the funds received. 

(Mass. Ann. Laws ch. 55, § 18F) 

Michigan

Definition of Electioneering Communications 

Michigan does not define electioneering communications. Political advertisements are addressed under expenditures. 

Minnesota

Definition of Electioneering Communications 

Minnesota does not define electioneering communications. Political advertisements are addressed under expenditures. 

Mississippi

Definition of Electioneering Communications 

Mississippi does not define electioneering communications. Political advertisements are addressed under expenditures. 

Missouri

Definition of Electioneering Communications 

Missouri does not define electioneering communications. Political advertisements are addressed under expenditures. 

Montana

Definition of Electioneering Communications 

Electioneering communication means a paid communication that: 

  • Is publicly distributed by one or more of the modes of communication listed in the statute. 
  • Is made within 60 days of the initiation of voting in an election. 
  • Does or does not support or oppose a candidate or ballot issue. 
  • Can be received by more than one recipient in the district voting on the candidate or ballot issue. 
  • Meets one or more of the following criteria: 
  • Refers to one or more clearly identified candidates in the election. 
  • Depicts the name, image, likeness or voice of one or more clearly identified candidates in the election. 
  • Refers to a political party, ballot issue or other question submitted to the voters in the election. 

Made within 60 days of the initiation of voting in an election means: 

  • In the case of mail ballot elections, the initiation of voting occurs when official ballot packets are mailed to qualified electors. 
  • In other elections the initiation of voting occurs when absentee ballot packets are mailed to or otherwise delivered to qualified electors. 

An electioneering communication may also be an independent expenditure. 

(ARM 44.11.605, ARM 44.11.604, Mont. Code Ann. § 13-1-101) 

What Communications Are Covered 

A paid communication that is: 

  • A paid advertisement broadcast over radio, television, cable or satellite; paid placement of content on the internet or other electronic communication network; a paid advertisement published in a newspaper or periodical or on a billboard; a mailing; or printed materials. 
  • To support or oppose a candidate or ballot issue. 
  • Made within 60 days of the initiation of voting in an election. 

What Needs to Be Reported 

Candidates, ballot issue committees, political party committees, independent committees or political committees report electioneering communications in their expenditure reports. The report must include: 

  • The full name, mailing address, occupation and principal place of business, if any, of each person to whom expenditures have been made by the committee or candidate during the reporting period, including the amount, date and purpose of that expenditure and the total amount of expenditures made to each person. 
  • The full name, mailing address, occupation and principal place of business, if any, of each person to whom an expenditure for personal services, salaries and reimbursed expenses has been made, including the amount, date and purpose of that expenditure and the total amount of expenditures made to each person. 
  • The total sum of expenditures made by a political committee or candidate during the reporting period. 
  • The name and address of each political committee or candidate to which the reporting committee or candidate made any transfer of funds, together with the amount and dates of all transfers. 
  • Any other information that may be required by the commissioner to fully disclose the disposition of funds used to support or oppose candidates or issues. 

(Mont. Code Ann. § 13-37-229, ARM 44.11.502) 

Nebraska

Definition of Electioneering Communications 

Nebraska does not define electioneering communications. Political advertisements are addressed under expenditures. 

Nevada

Definition of Electioneering Communications 

Nevada does not define electioneering communications. Political advertisements are addressed under expenditures. 

New Hampshire

Definition of Electioneering Communications 

New Hampshire does not define electioneering communications. Political advertisements are addressed under expenditures. 

New Jersey

Definition of Electioneering Communications 

Electioneering communication means any communication made within the period beginning on Jan. 1 of an election year and the date of the election and refers to: 

  • A clearly identified candidate for office and promotes or supports a candidate for that office or opposes a candidate for that office, regardless of whether the communication expressly advocates a vote for or against a candidate. 
  • A public question and promotes or supports the passage or defeat of that question, regardless of whether the communication expressly advocates a vote for or against the passage of the question. The term includes communications published in any newspaper or periodical; broadcast on radio, television or the internet or digital media, or any public address system; placed on any billboard, outdoor facility, button, motor vehicle, window display, poster, card, pamphlet, leaflet, flyer or other circular; or contained in any direct mailing, robotic phone calls or mass emails. 

(N.J. Stat. § 19:44A-3) 

What Communications Are Covered 

A press release, pamphlet, flyer, form letter, sign, billboard, paid advertisement printed in any newspaper or other publication or broadcast on radio or television, or telephone call featuring a recorded message, or delivered or accessed by electronic means, including, but not limited to, the internet or text messaging, or any other form of advertising directed to the electorate. 

Any written or electronic statement, pamphlet, advertisement or other printed or broadcast matter or statement, communication or advertisement delivered or accessed by electronic means, including, but not limited to, the internet, containing an explicit appeal for the election or defeat of a candidate. 

(N.J. Stat. § 19:44A-3) 

What Needs to Be Reported 

Candidate and committees report electioneering communications in their expenditure reports. The report must include: 

  • The date the expenditure was made. 
  • The full name and address of the payee. 
  • The purpose of the expenditure. 
  • The amount of the expenditure. 
  • The number of the check. 

A candidate, candidate committee or political committee must file a notice of an expenditure of money or other thing of value in excess of $1,900, or aggregate expenditures that total in excess of $ 1,900, made, incurred or authorized by the candidate committee or political committee to support or defeat a candidate in an election, or to aid the passage or defeat of any public question, during the period of time between the 13th day prior to the election and the date of the election must be reported within 48 hours. The notice must include: 

  • The name of the person, firm or organization to whom or which the expenditure was paid. 
  • The amount and purpose of the expenditure. 
  • The name and mailing address of the person, firm or recipient; or organization to whom or which the expenditure was paid or given. 
  • The amount and purpose of the expenditure. 

(N.J.A.C. 19:25-12.2, N.J.A.C. 19:25-8.6A, N.J.A.C. 19:25-8.9, N.J.A.C. 19:25-10.10) 

New Mexico

Definition of Electioneering Communications 

New Mexico does not define electioneering communications. Political advertisements are addressed under expenditures. 

New York

Definition of Electioneering Communications 

New York addresses electioneering communications in its independent expenditure definition. 

Independent expenditure means: 

  • An expenditure made by an independent expenditure committee conveyed to 500 or more members of a general public audience or any paid internet or digital advertisement targeted to 50 or more members of the general public audience. An independent expenditure shall be in the form of: 
  • An audio or video communication via broadcast, cable or satellite. 
  • A written communication via advertisements, pamphlets, circulars, flyers, brochures or letterheads. 
  • Other published statements that include, but are not limited to, digital media, any paid internet or digital advertisement. 
  • An expenditure containing words such as vote, oppose, support, elect, defeat or reject, which call for the election or defeat of the clearly identified candidate. 
  • An expenditure referring to and advocating for or against a clearly identified candidate or ballot proposal on or after Jan. 1 of the year of the election in which such candidate is seeking office or such proposal shall appear on the ballot; or within 60 days before a general or special election for the office sought by the candidate or 30 days before a primary election, including or referencing a clearly identified candidate. 

(N.Y. Comp. Codes R. & Regs. tit. 9, § 6200.10) 

What Communications Are Covered 

An audio, video or written communication via broadcast, cable, satellite, advertisements, pamphlets, circulars, flyers, brochures, letterheads; and other published statements, such as digital media, any paid internet or digital advertisement that is made 30 days before a primary and 60 days before a general election. 

(N.Y. Comp. Codes R. & Regs. tit. 9, § 6200.10) 

What Needs to Be Reported 

A person making independent expenditures for a communication must file a report with the secretary of state. The report must include: 

  • The name, address, occupation and employer of the person making the statement. 
  • For each expenditure or payment made: 
  • The dollar amount paid for each independent expenditure, the name and address of the person or entity receiving the payment, the date the payment was made and a description of the independent expenditure. 
  • The election to which the independent expenditure pertains and the name of the clearly identified candidate or the ballot proposal referenced and whether the candidate or ballot proposal is supported or opposed. 
  • A list of all expenditures made and liabilities incurred for services rendered during the relevant reporting period. 
  • For each contribution received, the name, address, occupation and employer of any person providing a contribution, gift, loan, advance or deposit of $1,000 or more for the independent expenditure, or the provision of services for the same and the date it was given. 

(N.Y. Elec. Law § 14-107) 

North Carolina

Definition of Electioneering Communications 

Electioneering communication means any broadcast, cable or satellite communication, or mass mailing, or telephone bank that has all the following characteristics: 

  • Refers to a clearly identified candidate for elected office. 
  • In the case of the general election in November of the even-numbered year is aired or transmitted within 30 days of the election for that office. 
  • May be received by either: 
  • 50,000 or more individuals in the state in an election for statewide office or 7,500 or more individuals in any other election if in the form of broadcast, cable or satellite communication. 
  • 20,000 or more households, cumulative per election, in a statewide election or 2,500 households, cumulative per election, in any other election if in the form of mass mailing or telephone bank. 

(N.C. Gen. Stat. § 163-278.6) 

What Communications Are Covered 

Any communication that is: 

A broadcast, cable or satellite communication, or mass mailing, or telephone bank that:   

  • Refers to a clearly identified candidate. 
  • Is aired or transmitted within 30 days of the general election. 
  • May be received by either: 50,000 or more individuals in the state in a statewide election or 7,500 or more individuals in any other election if in the form of broadcast, cable or satellite communication; or 20,000 or more households, in a statewide election or 2,500 households, in any other election if in the form of mass mailing or telephone bank. 

(N.C. Gen. Stat. § 163-278.6) 

What Needs to Be Reported 

Electioneering communication reports filed with the county board of elections or the State Board of Elections must include all of the following: 

  • The name and mailing address of the individual, person or entity incurring the expense. 
  • A phone number for the individual, person or entity incurring the expense. 
  • The name and mailing address of the custodian of the books and accounts of the individual, person or entity incurring the expense. 
  • For an expense incurred by an individual, the individual’s principal occupation. 
  • For an expense incurred by a person or entity, the principal place of business of the person or entity. 
  • For an individual, person or entity sharing or exercising direction or control over the activities of the individual, person or entity incurring the expense with regards to the electioneering communication: 
  • The name and mailing address of the individual, person or entity sharing or exercising direction or control. 
  • If an individual, the individual’s principal occupation. 
  • If a person or entity, the principal place of business of the person or entity. 
  • The amount paid to each individual, person or entity to produce the electioneering communication. 
  • The date of the electioneering communication. 
  • A description of the electioneering communication, including any title. 
  • The name of the candidate or candidates referred to in the electioneering communication. 
  • For each donation of more than $1,000 during the reporting period made to further the electioneering communication: 
  • The donor’s name and mailing address. 
  • If the donor is an individual, the individual’s principal occupation. 
  • If the donor is a person or entity, the principal place of business of the person or entity. 
  • The amount of the donation. 
  • The date of the donation. 

(N.C. Gen. Stat. § 163-278.12C, 8 N.C. Admin. Code 21.0104) 

North Dakota

Definition of Electioneering Communications 

North Dakota does not define electioneering communications. Political advertisements are addressed under expenditures. 

Ohio

Definition of Electioneering Communications 

Coordinated electioneering communication means any electioneering communication that is made pursuant to any arrangement, coordination or direction by a candidate or a candidate’s campaign committee, by an officer, agent, employee, or consultant of a candidate or a candidate’s campaign committee, or by a former officer, former agent, former employee, or former consultant of a candidate or a candidate’s campaign committee prior to the airing, broadcasting or cablecasting of the communication. 

An electioneering communication is presumed to be a “coordinated electioneering communication” when it is either of the following: 

  • Based on information about a candidate’s plans, projects or needs provided to the person making the disbursement by the candidate or the candidate’s campaign committee, by an officer, agent, employee or consultant of the candidate or the candidate’s campaign committee, or by a former officer, former agent, former employee, or former consultant of the candidate or the candidate’s campaign committee, with a view toward having the communication made. 
  • Made by or through any person who is, or has been, authorized to raise or expend funds on behalf of a candidate or the candidate’s campaign committee, who is, or has been, an officer, agent, employee, or consultant of the candidate or of the candidate’s campaign committee, or who is, or has been, receiving any form of compensation or reimbursement from the candidate or the candidate’s campaign committee or from an officer, agent, employee or consultant of the candidate or of the candidate’s campaign committee. 

(Ohio Rev. Code Ann. § 3517.1011) 

What Communications Are Covered 

A communication that is: 

  • A broadcast, cable or satellite communication. 
  • Refers to a clearly identified candidate. 
  • Made during either of the following periods of time: 
  • Between the date that the person becomes a candidate (if it’s before the primary election) and the 30th day prior to that primary election, and between the date of the primary election and the 30th day prior to the general election. 
  • The date of the primary election (if person becomes a candidate after the day of the primary election) and the 30th day prior to general election. 

(Ohio Rev. Code Ann. § 3517.1011) 

What Needs to Be Reported 

Any person who conducts or transmits any electioneering communication is required to file a report to the secretary of state. Any person who intends “to make a disbursement or disbursements for the direct costs of producing or airing electioneering communications” must file a notice with the secretary of state. This must be filed before an electioneering communication is made. 

A second filing—a disclosure of electioneering communications statement—is filed after a disbursement is made (within 24 hours of each disclosure date) if the disbursements are in excess of $10,000 during any calendar year. A report must include the following information: 

  • The full name and address of the person making the disbursement, of any person sharing or exercising direction or control over the activities of the person making the disbursement, and of the custodian of the books and accounts of the person making the disbursement. 
  • The principal place of business of the person making the disbursement, if not an individual. 
  • The amount of each disbursement of more than one dollar during the period covered by the statement and the identity of the person to whom the disbursement was made. 
  • The nominations or elections to which the electioneering communications pertain and the names, if known, of the candidates identified or to be identified. 
  • For disbursements paid out of a segregated bank account that consists of funds contributed solely by individuals who are United States citizens or nationals or lawfully admitted for permanent residence directly to the account for electioneering communications, donor disclosure is required for all contributors who contributed an aggregate amount of $200 dollars or more. 
  • For disbursements paid out of funds, donor disclosure is required for all contributors who contributed an aggregate amount of $200 or more to the person making the disbursement and whose contributions were used for making the disbursement or disbursements required to be reported. 
  • The month, day and year that the contributor made the contribution or contributions aggregating $200 or more, should disclose: 
  • The full name and address of the contributor, and, if the contributor is a political action committee, the registration number assigned to the political action committee. 
  • For a contributor who is an individual, the name of the individual’s current employer, if any, or, for an individual who is self-employed, the individual’s occupation and the name of the individual’s business, if any. 
  • For a contribution transmitted from amounts deducted from the wages and salaries of two or more employees that exceed in the aggregate $100, the full name of the employees’ employer and the full name of the labor organization of which the employees are members, if any. 
  • A description of the contribution, if other than money. 
  • The value in dollars and cents of the contribution. 
  • For an individual who makes a contribution or contributions aggregating $200 or more for the purpose of funding the direct costs of producing or airing an electioneering communication, the name of the individual’s current employer, if any, or, for an individual who is self-employed, the individual’s occupation and the name of the individual’s business, if any, to the recipient of the contribution at the time the contribution is made. 

(Ohio Rev. Code Ann. § 3517.1011) 

Oklahoma

Definition of Electioneering Communications 

Electioneering communication means any communication or series of communications that is sent by handbill or direct mail; broadcast by radio, television, cable or satellite; or appear in a newspaper, magazine or on a billboard which: 

  • Refers to one candidate or one or more of the same clearly identified candidates for state office or one ballot measure or one or more of the same ballot measures. 
  • Are made within: 
  • 60 days before a general or special election for the office sought by the candidate or candidates or the ballot measure or ballot measures. 
  • 30 days before a primary or runoff primary election for the office sought by the candidate or candidates. 
  • Are targeted to the relevant electorate. 

(74 Okl. St. Chap. 62, Appx., Standard 257 1-1-2) 

What Communications Are Covered 

A communication that is: 

  • A handbill or direct mail; broadcast by radio, television, cable or satellite; or appear in a newspaper, magazine or on a billboard. 
  • Made within 60 days before a general or special election or 30 days before a primary or runoff primary election. 

(74 Okl. St. Chap. 62, Appx., Standard 257 1-1-2) 

What Needs to Be Reported 

Any person who conducts or transmits any electioneering communication must file a report with the secretary of state. The following information must be reported: 

  • The total of electioneering communications made during the reporting period and the total of electioneering communications made during the election cycle. 
  • The amount, the date and a brief description or statement of each electioneering communication and the name and office of the candidate to whom the communication referred. 
  • If the person making the electioneering communication, other than a PAC, received funds from any other person for the purpose of making an electioneering communication, the report must include the name, address and principal business activity of each person contributing funds in excess of $50 in the aggregate and the amount of any such contribution or contributions that have not been previously reported, together with a cumulative total of all contributions made by each person since the first report was filed for the election for which the electioneering communication is being made. 
  • The total of all monetary expenditures and monetary transfers. 

(74 Okl. St. Chap. 62, Appx., Standard 257 10-1-14, 74 Okl. St. Chap. 62, Appx., Standard 257 10-1-16) 

Oregon

Definition of Electioneering Communications 

Oregon addresses electioneering communications in its independent expenditure definition. 

An expenditure by a person for a communication in support of or in opposition to a clearly identified candidate or measure that is not made with the cooperation or with the prior consent of, or in consultation with, or at the request or suggestion of, a candidate or any agent or authorized committee of the candidate, or any political committee or agent of a political committee supporting or opposing a measure. 

Communication in support of or in opposition to a clearly identified candidate or measure means: 

  • The communication, when taken as a whole and with limited reference to external events, such as the proximity to the election, could only be interpreted by a reasonable person as containing advocacy for the election or defeat of a clearly identified candidate for nomination or election to public office, or the passage or defeat of a clearly identified measure; and the electoral portion of the communication is unmistakable, unambiguous and suggestive of only one meaning; or 
  • The communication involves aggregate expenditures of more than $250 by a person; the communication refers to a clearly identified candidate or measure that will appear on the ballot or to a political party; and the communication is published and disseminated to the relevant electorate within 60 calendar days before a primary election, 120 calendar days before a general election or 90 calendar days before an election other than a primary election or a general election. 

(Or. Rev. Stat. Ann. § 260.005) 

What Communications Are Covered 

A communication that: 

  • Is a printed or digital statement, audio statements, digital communications. 
  • Clearly identifies the candidate or measure. 
  • Is published and disseminated to the relevant electorate within 60 calendar days before a primary election, 120 calendar days before a general election or 90 calendar days before an election other than a primary election or a general election. 

(Or. Rev. Stat. Ann. § 260.005) 

What Needs to Be Reported 

A person making independent expenditures of more than $250 in a calendar year for a communication must file a report with the secretary of state. The report must include: 

  • The payee and payee type. 
  • The payment method. 
  • The payable subtypes. 
  • The amount and purpose of each expenditure made in an aggregate amount of more than $100 to a payee, the name or, if applicable, the business name of the payee of the expenditure, and the city, or county if the payee is not located in a city, and state in which the payee is located. 
  • The total amount of other expenditures as a single item. 

(Or. Rev. Stat. Ann. § 260.083) 

Pennsylvania

Definition of Electioneering Communications 

Pennsylvania does not define electioneering communications. Political advertisements are addressed under expenditures. 

Rhode Island

Definition of Electioneering Communications 

Electioneering communication means: 

  • Any print, broadcast, cable, satellite or electronic media communication not coordinated with any candidate, authorized candidate campaign committee or political party committee. 
  • A communication that identifies a candidate or referendum and is made either within 60 days before a general or special election or town meeting for the office sought by the candidate or referendum; or 30 days before a primary election, for the office sought by the candidate. 
  • A communication that refers to a clearly identified candidate or referendum and is “targeted to the relevant electorate,” if the communication can be received by 2,000 or more persons in the district the candidate seeks to represent or the constituency voting on the referendum. 

(R.I. Gen. Laws § 17-25-3) 

What Communication Are Covered 

Any communication that is: 

  • Any print, broadcast, cable, satellite or electronic media communication. 
  • Made either within 60 days before a general or special election or town meeting or 30 days before a primary election. 

(R.I. Gen. Laws § 17-25-3) 

What Needs to Be Reported 

Reports of electioneering communications must contain: 

  • The name of the person responsible for the expenditure. 
  • The street address, city, state and ZIP code of the person responsible for the expenditure. 
  • The occupation and employer (if self-employed, the name and place of business) of the person responsible for the expenditure. 
  • The name, street address, city, state and ZIP code of the person receiving the expenditure the date and amount of each expenditure. 
  • The year-to-date total. 
  • Identity of all donors of an aggregate of $1,000 or more within the current election cycle. 
  • A statement identifying the candidate or referendum that the electioneering communication is intended to promote the success or defeat and affirm under penalty of false statement that the expenditure is not coordinated with a campaign. 

(R.I. Gen. Laws § 17-25.3-1) 

South Carolina

Definition of Electioneering Communications 

South Carolina does not define electioneering communications. Political advertisements are addressed under expenditures. 

South Dakota

Definition of Electioneering Communications 

South Dakota addresses electioneering communications in its independent expenditure definition. 

Independent communication expenditure means an expenditure, including the payment of money or exchange of other valuable consideration or promise, made by a person, entity or political committee for a communication concerning a candidate or a ballot question which is not made to, controlled by, coordinated with, requested by or made upon consultation with that candidate, political committee, or agent of a candidate or political committee. 

(S.D. Codified Laws § 12-27-1) 

What Communications Are Covered 

Any independent communications concerning candidates, public office holders, ballot questions or political parties who are not controlled by, coordinated with, requested by or made upon consultation with that candidate. 

NOT covered: 

  • Any news article, editorial endorsement, opinion or commentary writing, or letter to the editor printed in a newspaper, magazine, flyer, pamphlet or other periodical not owned or controlled by a candidate or political committee. 
  • Any editorial endorsement or opinion aired by a broadcast facility not owned or controlled by a candidate or political committee. 
  • Any communication by a person made in the regular course and scope of the person’s business or ministry or any communication made by a membership entity solely to members of the entity and the members’ families. 
  • Any communication that refers to any candidate only as part of the popular name of a bill or statute. 
  • Any communication used for the purpose of polling if the poll question does not expressly advocate for or against a candidate, public office holder, ballot question or political party. 

(S.D. Codified Laws § 12-27-16) 

What Needs to Be Reported 

A person making independent expenditures for a communication must file a report with the secretary of state. The independent communication expenditure statements must include: 

  • Identity of the person or entity making the expenditure. 
  • For a person, the mailing address, city and state. 
  • For an entity, the mailing address, city, state and website address, if applicable. 
  • For any expenditures made for communications during the current calendar year but not yet reported on a prior statement, the name of each candidate, public office holder, ballot question or political party mentioned or identified in each communication, the amount spent on each communication, and a description of the content of each communication. 
  • For an entity, the independent communication expenditure statement shall also include the name and title of the person filing the report, the name of its chief executive, if any, and the name of the person who authorized the expenditures on behalf of the entity. 

(S.D. Codified Laws § 12-27-16) 

Tennessee

Definition of Electioneering Communications 

Tennessee does not define electioneering communications. Political advertisements are addressed under expenditures. 

Texas

Definition of Electioneering Communications 

Texas does not define electioneering communications. Political advertisements are addressed under expenditures. 

Utah

Definition of Electioneering Communications 

Electioneering communication means a communication that: 

  • Has at least a value of $10,000. 
  • Clearly identifies a candidate or judge. 
  • Is disseminated through the internet, newspaper, magazine, outdoor advertising facility, direct mailing, broadcast, cable or satellite provider within 45 days of the clearly identified candidate’s or judge’s election date. 

(Utah Code Ann. § 20A-11–101) 

What Communications Are Covered 

A communication that is: 

  • Made through the internet, newspaper, magazine, outdoor advertising facility, direct mailing, broadcast, cable or satellite provider. 
  • Made within 45 days of the clearly identified candidate’s or judge’s election date. 

What Needs to Be Reported 

A person who is not a reporting entity and pays for an electioneering communication must file a report with the lieutenant governor within 24 hours of making the payment or entering into a contract to make the payment. 

  • Reporting entity means a candidate, a candidate’s personal campaign committee, a judge, a judge’s personal campaign committee, an officeholder, a party committee, a political action committee, a political issues committee, a corporation or a labor organization. 

An electioneering report must include: 

  • The name and address of the person. 
  • The name and address of each person contributing at least $100 to the person for the purpose of disseminating the electioneering communication. 
  • The amount spent on the electioneering communication. 
  • The name of the identified referenced candidate. 
  • The medium used to disseminate the electioneering communication. 

(Utah Code Ann. § 20A-11-901) 

Vermont

Definition of Electioneering Communications 

Electioneering communication means any communication that refers to a clearly identified candidate for office and that promotes or supports a candidate for that office or attacks or opposes a candidate for that office, regardless of whether the communication expressly advocates a vote for or against a candidate, including communications published in any newspaper or periodical or broadcast on radio or television or over the internet or any public address system; placed on any billboards, outdoor facilities, buttons or printed material attached to motor vehicles, window displays, posters, cards, pamphlets, leaflets, flyers or other circulars; or contained in any direct mailing, robotic phone calls or mass electronic or digital communications. 

(Vt. Stat. Ann. tit. 17, § 2901) 

What Communications Are Covered 

A communication that is: 

  • A newspaper or periodical or broadcast on radio or television or over the internet or any public address system; placed on any billboards, outdoor facilities, buttons or printed material attached to motor vehicles, window displays, posters, cards, pamphlets, leaflets, flyers or other circulars; or contained in any direct mailing, robotic phone calls, or mass electronic or digital communications. 
  • Made within 45 days before a primary, general, county or local election. 

(Vt. Stat. Ann. tit. 17, § 2901) 

What Needs to Be Reported 

A person who makes expenditures for any one mass media activity totaling $500 or more (2015), adjusted for inflation pursuant to the consumer price index, within 45 days before a primary, general, county or local election must, for each activity, file a mass media report with the secretary of state and send a copy of the report to each candidate whose name or likeness is included in the activity without that candidate’s knowledge. The report must include: 

  • The identity of the person who made the expenditure. 
  • The name of each candidate whose name or likeness was included in the activity. 
  • The amount and date of the expenditure. 
  • The identity of the person to whom it was paid. 
  • The purpose of the expenditure. 
  • The names of the contributors, dates and amounts for all contributions in excess of $100 accepted since the filing of the committee’s last report. 
  • For an activity that occurs within 45 days before the election and the expenditure was previously reported, an additional report shall be required. 

(Vt. Stat. Ann. tit. 17, § 2971) 

Virginia

Definition of Electioneering Communications 

Virginia does not define electioneering communications. Political advertisements are addressed under expenditures. 

Washington

Definition of Electioneering Communications 

Electioneering communication means any broadcast, cable, or satellite television, radio transmission, digital communication, United States postal service mailing, billboard, newspaper or periodical that: 

  • Clearly identifies a candidate for a state, local or judicial office either by specifically naming the candidate, or identifying the candidate without using the candidate’s name. 
  • Is broadcast, transmitted electronically or by other means, mailed, erected, distributed or otherwise published within 60 days before any election for that office in the jurisdiction in which the candidate is seeking election. 
  • Either alone, or in combination with one or more communications identifying the candidate by the same sponsor during the 60 days before an election, has a fair market value or cost of $1,000 or more. 

(Rev. Code Wash. (ARCW) § 42.17A.005) 

What Communications Are Covered 

A communication that is: 

  • Any broadcast, cable, or satellite television, radio transmission, digital communication, United States postal service mailing, billboard, newspaper or periodical. 
  • Made within 60 days before any election for that office in the jurisdiction in which the candidate is seeking election. 

(Rev. Code Wash. (ARCW) § 42.17A.005) 

What Needs to Be Reported 

Any electioneering communication shall be reported to the State Public Disclosure Commission by the sponsor on forms the commission shall develop by rule to include, at a minimum, the following information: 

  • Name and address of the sponsor. 
  • Source of funds for the communication, including: 
  • The name and address of businesses, unions, groups, associations or other organizations using general treasury funds for the communication, however, if a business, union, group, association or other organization undertakes a special solicitation of its members or other persons for an electioneering communication, or it otherwise receives funds for an electioneering communication, that entity must report. 
  • The name, address and, for individuals, occupation and employer, of a person whose funds were used to pay for the electioneering communication, along with the amount, if such funds from the person have exceeded $250 in the aggregate for the electioneering communication. 
  • A statement from the sponsor that: 
  • The electioneering communication is not financed in any part by a foreign national. 
  • Foreign nationals are not involved in making decisions regarding the electioneering communication in any way. 
  • Name and address of the person to whom an electioneering communication related expenditure was made. 
  • A detailed description of each expenditure of more than $100. 
  • The date the expenditure was made and the date the electioneering communication was first broadcast, transmitted, mailed, erected, distributed or otherwise published. 
  • The amount of the expenditure. 
  • The name of each candidate clearly identified in the electioneering communication, the office being sought by each candidate, and the amount of the expenditure attributable to each candidate. 

(Rev. Code Wash. (ARCW) § 42.17A.305) 

Washington

West Virginia

Definition of Electioneering Communications 

Electioneering communication means any paid communication made by broadcast, cable or satellite signal, mass mailing, telephone bank, billboard advertisement, or publication in any newspaper, magazine or other periodical that: 

  • Refers to a clearly identified candidate for governor, secretary of state, attorney general, treasurer, auditor, commissioner of agriculture, supreme court of appeals or the legislature. 
  • Is publicly disseminated within: 
  • 30 before a primary election in which the nomination for office sought by the candidate is to be determined. 
  • 60 days before a general or special election in which the office sought by the candidate is to be filled. 
  • The relevant electorate. 

(W. Va. Code Ann. § 3–8–1A) 

What Communications Are Covered 

Any communication that is: 

  • A paid communication made by broadcast, cable or satellite signal, mass mailing, telephone bank, billboard advertisement, or publication in any newspaper, magazine or other periodical. 
  • Made within 30 before a primary election or 60 days before a general or special election in which the office sought by the candidate. 

(W. Va. Code Ann. § 3–8–1A) 

What Needs to Be Reported 

A person or political committee spending more than $5,000 for electioneering communications in a calendar year must file a report with the secretary of state. The report must include:   

  • The name of the person making the expenditure, the name of any person sharing or exercising direction or control over the activities of the person making the expenditure and the name of the custodian of the books and accounts of the person making the expenditure. 
  • For a person making the expenditure that is not an individual, the principal place of business of the partnership, committee, association, organization or group which made the expenditure. 
  • The amount of each expenditure of more than $1,000 made for electioneering communications during the period covered by the statement and the name of the person to whom the expenditure was made. 
  • The elections to which the electioneering communications pertain, the names, if known, of the candidates referred to or to be referred to therein, whether the electioneering communication is intended to support or oppose the identified candidates and the amount of the total expenditure reported spent to support or oppose each of the identified candidates. 
  • The names and addresses of any contributors who contributed a total of more than $1,000 between the first day of the preceding calendar year and the disclosure date and whose contributions were used to pay for electioneering communications.  
  • Regarding the contributors, the statement must also include: 
  • The month, day and year that the contributions of any single contributor exceeded $250. 
  • For a contributor that is a political action committee, the name and address the political action committee registered with the State Election Commission. 
  • For a contributor who is an individual, the name and address of the individual, his or her occupation, the name and address of the individual’s current employer, if any, or, if the individual is self-employed, the name and address of the individual’s business, if any. 
  • A description of the contribution, if other than money. 
  • The value in dollars and cents of the contribution. 

(W. Va. Code § 3-8-2b) 

Wisconsin

Definition of Electioneering Communications 

Wisconsin does not define electioneering communications. Political advertisements are addressed under expenditures. 

Wyoming

Definition of Electioneering Communications 

Electioneering communication means any communication, including an advertisement, which is publicly distributed as a billboard, brochure, email, mailing, magazine, pamphlet or periodical, as the component of an internet website or newspaper or by the facilities of a cable television system, electronic communication network, internet streaming service, radio station, telephone or cellular system, television station or satellite system and which: 

  • Refers to or depicts a clearly identified candidate for nomination or election to public office or a clearly identified ballot proposition and which does not expressly advocate the nomination, election or defeat of the candidate or the adoption or defeat of the ballot proposition. 
  • Can only be reasonably interpreted as an appeal to vote for or against the candidate or ballot proposition. 
  • Is made within 30 calendar days of a primary election, 60 calendar days of a general election or 21 calendar days of any special election during which the candidate or ballot proposition will appear on the ballot. 
  • Is targeted to the electors in the geographic area: 
  • The candidate would represent if elected; or 
  • Affected by the ballot proposition. 

(Wyo. Stat. § 22-25-101) 

What Communications Are Covered 

Any communication, including an advertisement, billboard, brochure, email, mailing, magazine, pamphlet or periodical that is made within 30 days before a primary election, 60 days before a general election or 21 days before a special election. 

(Wyo. Stat. § 22-25-101) 

What Needs to Be Reported 

An organization that expends in excess of $1,000 in any primary, general or special election to cause an electioneering communication to be made must file an itemized statement of contributions and expenditures. The statement must: 

  • Identify the organization causing the electioneering communication to be made and the individual acting on behalf of the organization causing the communication to be made, if applicable. 
  • Be filed at least seven days but not more than 14 days before any primary, general or special election. Any contribution received or expenditure made after the statement has been filed, through the day of the election, whether a primary, general or special election, must be filed as an amendment to the statement within 10 days after the election. 
  • List those expenditures and contributions which relate to an electioneering communication. 
  • Include the full and complete record of contributions which relate to an electioneering communication, including cash, goods or services and actual and promised expenditures. The date of each contribution of $100 or more, any expenditure or obligation, the name of the person from whom received or to whom paid, and the purpose of each expenditure or obligation shall be listed. 
  • Report all contributions under $100, thought they need not be itemized. All contributions, in the aggregate, over $100 must be itemized. 

(Wyo. Stat. § 22-25-106) 

Puerto Rico

Definition of Electioneering Communications 

Electioneering or election-related communication means any communication that: 

  • Refers to a political party or ideology, aspirant or candidate. 
  • Expressly advocates for the election or defeat of such political party or ideology, aspirant or candidate, which occurs when it contains words such as: vote for, vote against, support, reject, or refuse, work for the election of, work for the defeat of, choose, defeat, help us to elect, help us to defeat or remove, among others. 
  • Is made within 90 days before the election and that mentions a candidate. 
  • Cannot be reasonably construed in any way other than advocating for the election or defeat of said political party or ideology, aspirant or candidate; or that entirely reproduces campaign material of such political party or ideology, aspirant or candidate. 

(16 L.P.R.A. § 621) 

What Communications Are Covered 

A communication that is: 

  • Made through any radio or television station, cable or satellite television, the internet, through computers, newspapers, magazines, billboards or direct mail to 500 people or more. 
  • Made within 90 days before the election. 

(16 L.P.R.A. § 621) 

What Needs to Be Reported 

Any person who conducts or transmits any electioneering communication must file a report. The report must include the following information: 

  • The name, address and telephone number of the person who made or shall make the disbursement, and of the organizations related thereto, as well as the name, address and telephone number of any person that shares or dwells at the address of the person who made or must make the disbursement, and the name, address and telephone number of the guardian or guardians of the accounting records or books of the person who made or shall make the disbursements. 
  • The address of the main place of business of the person who made or shall make the disbursement, if other than a natural person. 
  • The amount and date of each disbursement exceeding $200. 
  • The election, referendum, plebiscite or consultation to which the disbursement pertains and, if applicable, the names of the candidates identified or to be identified, as well as the office for which they are running. 
  • The names and addresses of all the persons that made a contribution to the person who files the report to defray electioneering communications, subject to being included in the report during the calendar year prior to the date of the report, of an amount that totals or exceeds $500, whether by itself on in the aggregate. 

(16 L.P.R.A. § 627f) 

Guam

Definition of Electioneering Communications 

Guam does not define electioneering communications. Political advertisements are addressed under expenditures. 

Northern Mariana Islands

Not available

American Samoa

Not available 

U.S. Virgin Islands

Definition of Electioneering Communications 

The Virgin Islands does not define electioneering communications. Political advertisements are addressed under expenditures. 

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