Sec. 1013. Stand by your ad
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Section 318(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30120(a) ) is amended by striking for the purpose of financing communications expressly advocating the election or defeat of a clearly identified candidate and inserting for a campaign-related disbursement, as defined in section 324, consisting of a public communication . Section 318(d)(2) of such Act ( 52 U.S.C. 30120(d)(2) ) is amended— in the heading, by striking and inserting Others ; certain political committees by striking Any communication and inserting
(A)Any communication ; by inserting which (except to the extent provided in the last sentence of this paragraph) is paid for by a political committee (including a political committee of a political party) and after subsection
(a); by striking or other person each place it appears; and by adding at the end the following new subparagraph: This paragraph does not apply to a communication paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324 and with respect to which a covered organization files a statement under such section. . Section 318 of such Act ( 52 U.S.C. 30120 ) is amended by adding at the end the following new subsection: Any communication described in paragraph
(3)of subsection
(a)which is transmitted through radio or television (other than a communication to which subsection (d)(2) applies) shall include, in addition to the requirements of such paragraph, the following: The individual disclosure statement described in paragraph (2)(A) (if the person paying for the communication is an individual) or the organizational disclosure statement described in paragraph (2)(B) (if the person paying for the communication is not an individual). If the communication is transmitted through television and is paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324, the Top Five Funders list (if applicable), unless, on the basis of criteria established in regulations issued by the Commission, the communication is of such short duration that including the Top Five Funders list in the communication would constitute a hardship to the person paying for the communication by requiring a disproportionate amount of the content of the communication to consist of the Top Five Funders list. If the communication is transmitted through radio and is paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324, the Top Two Funders list (if applicable), unless, on the basis of criteria established in regulations issued by the Commission, the communication is of such short duration that including the Top Two Funders list in the communication would constitute a hardship to the person paying for the communication by requiring a disproportionate amount of the content of the communication to consist of the Top Two Funders list. The individual disclosure statement described in this subparagraph is the following: I am ________, and I approve this message. , with the blank filled in with the name of the applicable individual. The organizational disclosure statement described in this subparagraph is the following: I am ________, the ________ of ________, and ________ approves this message. , with— the first blank to be filled in with the name of the applicable individual; the second blank to be filled in with the title of the applicable individual; and the third and fourth blank each to be filled in with the name of the organization or other person paying for the communication. In the case of a communication to which this subsection applies which is transmitted through radio, the disclosure statements required under paragraph
(1)shall be made by audio by the applicable individual in a clearly spoken manner. In the case of a communication to which this subsection applies which is transmitted through television, the information required under paragraph (1)— shall appear in writing at the end of the communication or in a crawl along the bottom of the communication in a clearly readable manner, with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 6 seconds; and shall also be conveyed by an unobscured, full-screen view of the applicable individual or by the applicable individual making the statement in voice-over accompanied by a clearly identifiable photograph or similar image of the individual, except in the case of a Top Five Funders list. In this subsection: The term applicable individual means, with respect to a communication to which this subsection applies— if the communication is paid for by an individual, the individual involved; if the communication is paid for by a corporation, the chief executive officer of the corporation (or, if the corporation does not have a chief executive officer, the highest ranking official of the corporation); if the communication is paid for by a labor organization, the highest ranking officer of the labor organization; and if the communication is paid for by any other person, the highest ranking official of such person. The terms campaign-related disbursement and covered organization have the meaning given such terms in section 324. The term Top Five Funders list means, with respect to a communication paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324, a list of the five persons who provided the largest payments of any type in an aggregate amount equal to or exceeding $10,000 which are required under section 324(a) to be included in the reports filed by a covered organization with respect to such communication during the 12-month period ending on the date of the disbursement and the amount of the payments each such person provided. If two or more people provided the fifth largest of such payments, the covered organization involved shall select one of those persons to be included on the Top Five Funders list. The term Top Two Funders list means, with respect to a communication paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324, a list of the persons who provided the largest and the second largest payments of any type in an aggregate amount equal to or exceeding $10,000 which are required under section 324(a) to be included in the reports filed by a covered organization with respect to such communication during the 12-month period ending on the date of the disbursement and the amount of the payments each such person provided. If two or more persons provided the second largest of such payments, the covered organization involved shall select one of those persons to be included on the Top Two Funders list. . Section 318(d)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30120(d)(1) ) is amended by adding at the end the following new subparagraph: In the case of a communication described in paragraph
(1)or
(2)of subsection
(a)which is transmitted through the Internet or through any form of electronic mail— any audio portion of the communication shall meet the requirements applicable under subparagraph
(A)to communications transmitted through radio; and any video portion of the communication shall meet the requirements applicable under subparagraph
(B)to communications transmitted through television. . Section 318(d)(2) of such Act ( 52 U.S.C. 30120(d)(2) ), as amended by subsection (b)(1), is further amended— by redesignating subparagraph
(B)as subparagraph (C); and by inserting after subparagraph
(A)the following new subparagraph: In the case of a communication described in paragraph
(3)of subsection
(a)which is transmitted through the Internet or through any form of electronic mail, any audio portion of the communication shall meet the requirements applicable under this paragraph to communications transmitted through radio and any video portion of the communication shall meet the requirements applicable under this paragraph to communications transmitted through television. . Section 318(e) of such Act, as added by subsection (b)(2), is amended— in paragraph
(1)in the matter preceding subparagraph (A), by striking radio or television and inserting radio or television, through the Internet, or through any form of electronic mail ; and in paragraph (3), by adding at the end the following new subparagraph: In the case of a communication to which this paragraph applies which is transmitted through the Internet or through any form of electronic mail, any audio portion of the communication shall meet the requirements applicable under this paragraph to communications transmitted through radio and any video portion of the communication shall meet the requirements applicable under this paragraph to communications transmitted through television. . Section 318(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30120(a) ) is amended by inserting after mailing, each place it appears the following: telephone call which consists in substantial part of a prerecorded audio message, . Section 318(d)(1) of such Act ( 52 U.S.C. 30120(d)(1) ), as amended by subsection (c)(1), is further amended by adding at the end the following new subparagraph: Any communication described in paragraph
(1)or
(2)of subsection
(a)which is a telephone call which consists in substantial part of a prerecorded audio message shall meet the requirements applicable under subparagraph
(A)to communications transmitted through radio, except that the statement required under such subparagraph shall be made at the beginning of the telephone call. . Section 318(d)(2) of such Act ( 52 U.S.C. 30120(d)(2) ), as amended by subsection (b)(1) and subsection (c)(2)(A), is further amended— by redesignating subparagraph
(C)as subparagraph (D); and by inserting after subparagraph
(B)the following new subparagraph: Any communication described in paragraph
(3)of subsection
(a)which is a telephone call which consists in substantial part of a prerecorded audio message shall meet the requirements applicable under this paragraph to communications transmitted through radio, except that the statement required shall be made at the beginning of the telephone call. . Section 318(e) of such Act, as added by subsection (b)(2) and as amended by subsection (c)(2)(b), is further amended— in paragraph
(1)in the matter preceding subparagraph (A), by striking electronic mail and inserting electronic mail, or which is a telephone call which consists in substantial part of a prerecorded audio message, ; and in paragraph (3), by adding at the end the following new subparagraph: Any communication to which this paragraph applies which is a telephone call which consists in substantial part of a prerecorded audio message shall meet the requirements applicable under this paragraph to communications transmitted through radio. . Nothing in this section or the amendments made by this section may be construed to require any person who is not required under section 318 of the Federal Election Campaign Act of 1971 (as provided under section 110.11 of title 11 of the Code of Federal Regulations) to include a disclaimer on communications made by the person through the Internet to include any disclaimer on any such communications.
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Sec. 1013
Stand by your ad
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