AR-01: More Fun With FEC Faux Pas!

Look at this picture from AR-01 Republican candidate Rick Crawford’s Facebook page:

Now check out these four photos taken around the first congressional district:

Now, take a gander at this:

What is a Disclaimer Notice?

For the purpose of this brochure, a “disclaimer” notice is defined as a statement placed on a public communication that identifies the person(s) who paid for the communication and, where applicable, the person(s) who authorized the communication.

When is a Disclaimer Required?

Basic Rule

Political Committees
Political committees must include a disclaimer on (1) all “public communications” (defined below)…. ²

Individuals and Other Persons
A disclaimer must appear on any “electioneering communication” (defined below) and on any public communication by any person that expressly advocates the election or defeat of a clearly identified candidate or solicits funds in connection with a federal election.

Application
Specific examples of public communications that would require a disclaimer include:

• Public communications coordinated with a federal candidate (i.e., in-kind contributions or coordinated party expenditures) that are paid for by a political committee or that contain express advocacy or a solicitation;
• Independent expenditures;
• Electioneering communications;
• A communication that solicits funds for a federal candidate or a federal political committee or that contains express advocacy; and
• Political committees’ web sites.

Definitions

Public Communications
As defined in FEC regulations, the term “public communication” includes:

• Broadcast, cable or satellite transmission;
• Newspaper;
• Magazine;
• Outdoor advertising facility (e.g., billboard);
• Mass mailing (defined as more than 500 pieces of mail matter of an identical or substantially similar nature within any 30-day period);
• Telephone banks (defined as more than 500 telephone calls of an identical or substantially similar nature within any 30-day period); or
• Any other general public political advertising. General public political advertising does not include Internet ads, except for communications placed for a fee on another person’s web site.

11 CFR 110.11(a) (emphases added)

Electioneering Communications
As defined in FEC regulations, an “electioneering communication” is a broadcast, cable or satellite communication that fulfills each of the following conditions:

• Refers to a clearly identified federal candidate;
• Is publicly distributed within 30 days before a primary election or within 60 days before a general election; and
• In the case of Congressional candidates only, is “targeted to the relevant electorate”(can be received by 50,000 or more persons in the district or state the candidate seeks to represent)

11 CFR 100.29.

So, now (along with Beth Anne Rankin) we’ve got two Republican congressional candidates who aren’t sticklers for the FEC rules.

Awesome.