Media Requirements

1
Media Requirements

• Campaign Finance Reporting Seminar
• Institute of Government
• Chapel Hill, NC
• June 24, 2005

2
Terms to Know As they apply to Media Requirements

• Contribution
• Anything of value whatsoever given to a
  candidate, political committee or referendum
  committee. This does not include independent
  expenditures.
• Expenditure
• Any value spent or agreed to be spent to
  support or opposes the nomination, election or
  passage of a ballot measure.
• Legend
• The disclosure information that must appear
  on all advertisements that constitute a
  contribution or expenditure.
• Formal Name of Committee
• Name that appears on the Statement of
  Organization filed with the Board of
• Elections.

3
WHEN IS DISCLOSURE REQUIRED?

• Every advertisement appearing in the print
  media, on TV or on radio that constitutes a
  contribution or expenditure must have a
  disclosure.
• Ads must clearly state whether the ad supports or
  opposes the candidate named.
• The disclosure must contain the formal name of
  the committee.

4
WHEN IS DISCLOSURE NOT REQUIRED?

• When an individual sponsoring an advertisement
• Does not coordinate with a candidate AND
• Does not spend more than 1000

5
TELEVISION AD REQUIREMENTS

• Disclosure must be visual
• Disclosure must be 32 scan lines
• Candidate must speak the disclosure statement
  when the ad refers to an opposing candidate
• I am _________ candidate for ________ office,
  and I (or my campaign) sponsored this ad.
• Individual purchasing ad supporting or opposing
  a candidate must speak the following disclosure
  statement
• I am ________ and I sponsored this
  advertisement opposing/supporting ________ for
  (name of office).

• The person making the disclosure statement must
  appear in full screen image using either a photo
  or actual appearance and this picture must be
  seen throughout the disclosure.
• The sponsor may place the disclosure statement at
  anytime during the ad except if the duration of
  the ad is more than 5 minutes then the statement
  must be at he beginning and the end of the
  advertisement.

6
RADIO REQUIREMENTS

• Disclosure statement must last at least 2 seconds
• The Candidate must speak the disclosure statement
  if the advertisement refers to an opposing
  candidate for the same office
• A sponsor may place the disclosure at any time
  during the ad except if the duration is more than
  5 minutes, the statement must then be at the
  beginning and the end of the advertisement.

7
PRINT MEDIA REQUIREMENTS

• Disclosure must appear only once if more than one
  page, fold or face in the ad.
• SIZE
• 5 of the height or the ad or
• At least 12 pt. type (whichever is greater)
• Disclosure requirements in the newspaper print
  ads can be satisfied with 28 point type

8
Joint Sponsorship

• If an advertisement is jointly sponsored, the
  disclosure must name all of the sponsors.

9
Coordination/Authorization

• If an advertisement identifies a candidate the
  sponsor is opposing then the sponsor must
  disclose the name of the candidate who is
  intended to benefit from the advertisement IF the
  sponsor coordinated or consulted with the
  candidate who is intended to benefit.
• If the ad is not paid for by the candidate or the
  candidates committee and the ad supports or
  opposes a candidate, the sponsor must state
  whether or not the advertisement is authorized by
  the candidate.

10
POLITICAL PARTY and PAC ADVERTISEMENTS

• Must include a disclosure statement spoken by the
  chair, executive director, or treasurer of the
  party organization or PAC.
• The Party name shall appear as it appears on the
  ballot. The PAC name shall appear as it appears
  on the PACs Statement of Organization
• The ________ Party organization/PAC sponsored
  this ad opposing/supporting ____________
  candidate for ________ office.

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LEGEND REQUIRED

• Newspaper Ads and Inserts
• Periodicals
• Magazines
• TV Ads
• Billboards
• Airplane Streamers
• Fliers
• Sound Truck Advertising
• Cards
• Outdoor Advertising Facilities
• Pamphlets
• Mass Mailings (over 500 pieces)
• Portable signs (lighted or non lighted some on
  wheels to be pulled around.)

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LEGENDS NOT REQUIRED

• Buttons
• Bumper Stickers
• Campaign paraphernalia
• Balloons, shopping bags, nail files, etc.
  imprinted with a campaign message
• Barn posters
• (3x5 feet, or similarly sized, used on the sides
  of buildings, on walls, etc.)
• Generally at no cost.
• Yard Signs/Window Posters
• Approximately 14 x 22 inches
• Examples Posters used in stores or on stakes in
  yards

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RESPONSIBILITES OF THE MEDIA

• Media outlets are required to obtain written
  authority for each expenditure for each
  candidate, treasurer or other individual
  authorizing an expenditure.
• Media Authorizations obtained by media outlets
  are considered public records and must be made
  available to the public for inspection during
  normal business hours.
• Failure to comply with the statute is a Class 2
  Misdemeanor.

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(No Transcript)
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BREAKING THE LAW

• Misrepresentation of sponsorship or authorization
  is a Class 1 misdemeanor

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• EXAMPLES

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• CAMPAIGN SPONSORED AD SUPPORTING THE CANDIDATE
• VOTE
• JASON SCHRADER
• for
• GOVERNOR
• Paid for by Schrader for Governor

18

• PAC SPONSORED AD SUPPORTING THE CANDIDATE
• SCHRADER for
• GOVERNOR
• In 2008
• Paid for by Pfizer Good Government Committee
• Authorized by Jason Schrader, candidate for
  Governor

19

• INDIVIDUAL SPONSORED AD SUPPORTING THE CANDIDATE
• Jason Schrader is a nice guy. Please vote for him
  for governor in 2008.
• Paid for by Melissa Barbour
• Not Authorized by the Candidate

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• YARD SIGN
• SCHRADER in
• 2008

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• CAMPAIGN BUTTON

SUPPORT SCHRADER
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• BILLBOARD OPPOSING CANDIDATE
• DONT VOTE SCHRADER
• FOR
• GOVERNOR
• Paid for by Amy Strange for Governor.
• Authorized by Amy Strange, candidate for Governor.

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• INDIVIDUAL SPONSORED AD OPPOSING CANDIDATE NOT
  COORDINATED WITH BENEFITTING CANDIDATE(S)
• SCHRADER WILL RAISE TAXES
• DO NOT SUPPORT SCHRADER
• Paid for by Jacqueline Kannan.
• Not authorized by a candidate.

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• JOINT SPONSORED OPPOSITION AD COORDINATED WITH
  CANDIDATE
• DONT VOTE SCHRADER FOR GOVERNOR
• VOTE STRANGE FOR GOVERNOR
• Paid for by Beverly Lisk and Jacqueline Kannan.
• Authorized by Amy Strange, candidate for Governor.