Electioneering Communications

What is an electioneering communication?

An electioneering communication is any broadcast, cable or satellite communication that fulfills each of the following conditions:

The communication refers to a clearly identified federal candidate;

The communication is publicly distributed by a television station, radio station, cable television system or satellite system for a fee; and

The communication is distributed within 60 days prior to a general election or 30 days prior to a primary election to federal office.

Electioneering Communication Summary

DISBURSEMENTS FOR ELECTIONEERING COMMUNICATIONS
BY ELECTION CYCLE

The table below reflects the aggregate disbursements reported on 24 Hour Notices of Electioneering Communications (FEC Form 9) for each election cycle since the electioneering communication statute went into effect. These figures were calculated by aggregating all reported electioneering-communication disbursements and then removing from the totals any reported disbursements that were superseded by later filings. Amendments do not always indicate clearly which earlier-filed report they are changing so the figures below may slightly under- or overstate actual reported disbursements.

Election Cycle	Disbursements Pursuant to 11 C.F.R. § 114.15(1)	Other Electioneering Communication Disbursements	TOTAL

2007-08	$108.5 million	$8.0 million	$116.5 million
2005-06	n/a	$13.7 million	$13.7 million
2003-04	n/a	$98.7 million	$98.7 million(2)

(1) This comprises spending by entities that (a) disclosed in a report that their disbursements were financed by donations from corporate or union entities prohibited from funding electioneering communications except under Section 114.15 of the Commission's regulations, or (b) identified themselves as Section 114.15 organizations on the summary page of an Electioneering Communication report. Because Section 114.15 was promulgated to codify the Supreme Court’s decision in FEC v. Wisconsin Right to Life, Inc., 127 S. Ct. 2652 (2007), there was no spending under this Section prior to the 2007-08 election cycle.

(2) A significant portion of the electioneering-communication disbursements reported during the 2003-04 election cycle was disclosed by entities that subsequently agreed not to contest the Commission’s finding that the entities should have registered as political committees. See, e.g., In the Matter of Swiftboat Veterans and POWs for Truth, MUR 5511, 5525, Conciliation Agreement (Dec. 4, 2006); In the Matter of The Media Fund, MUR 5440 (Oct. 29, 2007). Because political committees must report their disbursements as expenditures, not as electioneering communications the aggregate reported total of electioneering-communication disbursements during this cycle, while reflecting what was reported at the time, substantially overstates the actual amount of such disbursements.

For more information on the rules and forms for electioneering communications click here.