Distributing publications to the restricted class for communications

A corporation or labor organization may distribute publications to its restricted class on any subject. This includes publications expressly advocating the election or defeat of a clearly identified candidate or a party’s candidate. (Note that publications containing express advocacy would be subject to the reporting requirements discussed on Corporation and labor organization communications to the restricted class.)

Coordination with candidate or political party

The corporation or labor organization may discuss campaign issues at length with the candidate or political party; however, discussion concerning how to contour a communication for the benefit of the campaign would constitute coordination and may jeopardize the independence of future corporate/labor organization communications to individuals beyond the restricted class.

Solicitation

The publication may solicit contributions for a candidate or a party. The rules for soliciting contributions from the restricted class through a publication are the same as those for soliciting during a candidate appearance before the restricted class.

Content

The views communicated in the publication must be those of the corporation or labor organization and must not be a republication or reproduction of the candidate’s campaign materials including broadcasts and written or graphic materials. The corporation or labor organization may, however, use brief quotations from candidate materials and speeches that demonstrate the candidate’s position as part of the corporation’s or labor organization’s expression of its own views.

Reporting

When a corporation, labor organization, trade association or incorporated membership organization pays for express advocacy communications (including endorsements) that are directed to the restricted class, it (rather than the SSF) must report the payments on Form 7, once the payments exceed $2,000 for any election.