States Expand Definition of Electioneering Communications to Guard Against Corruption
States are ensuring adequate disclosure by expanding their definitions of “electioneering communications” beyond the federal definition to cover how the media play an important role in state elections.
The Bipartisan Campaign Reform Act (BCRA), better known as McCain-Feingold, strengthened federal campaign disclosure laws by requiring disclosure from groups that run ads mentioning the names of candidates in the months immediately proceeding an election. (Commonly, these ads urge viewers to call an elected official and express their views on a particular issue.) Before disclosure requirements were extended to these ads—known as “electioneering communications”—groups were able to avoid disclosure by refraining from explicitly calling for the election or defeat of candidates in their ads by using so-called “magic words” like “Vote for Smith” or “Oppose Brown.”
While the federal electioneering communications definition applies only to broadcast, satellite, cable, and radio advertising, in state elections, direct mail, newspaper advertisements, and other media are often more central to electoral strategies.
Consequently, 25 states have adopted electioneering communication definitions, most of which extend to media beyond the federal definition. By tailoring their disclosure laws to the unique characteristics of their elections, states are guarding against corruption and giving voters the tools to make informed decisions at the ballot box.
|
STATE |
MEDIA COVERED BY ELECTIONEERING COMMUNICATIONS DEFINITIONS |
MEDIA COVERED |
|
AK |
Alaska Stat. § 15.13.400(3), (5) |
Broadcast, Direct Mail, Internet |
|
AL |
Ala. Code § 17–5–2(4) |
Broadcast, Direct Mail, Electronic Communication, Print |
|
AZ |
Ariz. Rev. Stat. Ann. § 16–901.01(A) |
Billboards, Broadcast, Direct Mail, Internet, Print, |
|
CA |
Cal. Elec. Code § 304; Cal. Gov’t Code § 85310 |
Billboards, Broadcast, Print |
|
CO |
Colo. Const. art. 28 § 2(7)(a) |
Broadcast, Billboard, Direct Mail, Door-to-Door, Print |
|
CT |
Conn. Gen. Stat. § 9–601b(a)(2) |
Billboards, Broadcast, Print |
|
DE |
78 Del. Laws 400 (2012) |
Broadcast, Direct Mail, Internet, Phonebank, Print, Signs |
|
FL |
Fla. Stat. § 106.011(18)(a) |
Broadcast, Direct Mail, Phonebank, Print |
|
HI |
Haw. Rev. Stat. § 11–341(c) |
Broadcast, Direct Mail, Print |
|
IA |
Iowa Code § 68A.401A(4) |
Broadcast, Electronic Media, Phonebank, Print |
|
ID |
Idaho Code Ann. § 67–6602(f)(1) |
Billboards, Broadcast, Direct Mail, Door-to-Door, Phonebank, Print |
|
IL |
10 Ill. Comp. Stat. 5/9–1.14(a) |
Broadcast, Internet |
|
MD |
Md. Code Ann., Election Law, § 13–307(3)(i) |
Broadcast |
|
MA |
Mass Gen. Laws ch. 55, § 1 |
Broadcast, Direct Mail, Print |
|
ME |
Me. Rev. Stat. tit. 21-A § 1014(1), (2-A) |
Billboards, Broadcast, Direct Mail, Flyers, Internet, Signs, Stickers |
|
NC |
N.C. Gen. Stat. § 163–278.6(8j) |
Broadcast, Direct Mail, Phonebank |
|
OH |
Ohio Rev. Code Ann. § 3517.1011(A)(7) |
Broadcast |
|
OK |
Okla. Stat. tit. 74, ch. 62, app. 257 § 1–1–2 |
Billboards, Broadcast, Direct Mail, Flyers, Print |
|
RI |
R.I. Gen. Laws § 17–25–3(14) |
Broadcast, Print, Electronic Media |
|
SC |
S.C. Code Ann. § 8–13–1300(31) |
Broadcast, Direct Mail, E-Mail, Phonebank, Ads Trough Other Media Costing ≥ $5,000 |
|
SD |
S.D. Codified Laws § 12–27–17 |
Any communication disseminated, broadcast, or published costing ≥ $1,000 |
|
UT |
Utah Code Ann. § 20A-11–101(12) |
Billboards, Broadcast, Direct Mail, Internet, Print |
|
VT |
Vt. Stat. Ann. tit. 17, § 2891, 2893 |
Billboards, Broadcast, Buttons, Direct Mail, E-Mail, Flyers, Phonebank, Print, Stickers |
|
WA |
Wash. Rev. Code § 42A.17.005(19) |
Billboards, Broadcast, Direct Mail, Print |
|
WV |
W. Va. Code Ann. § 3–8–1A(11) |
Broadcast, Print |