Sec. 4302. Stand By Every Ad
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Section 318 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30120 ), as amended by section 4207(b)(1), is further amended— by redesignating subsection
(e)as subsection (f); and by inserting after subsection
(d)the following new subsection: Except as provided in paragraph (6), any communication described in paragraph
(3)of subsection
(a)which is transmitted in an audio or video format (including an internet or digital communication), or which is an internet or digital communication transmitted in a text or graphic format, shall include, in addition to the requirements of paragraph
(3)of subsection (a), 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 in a video format, or is an internet or digital communication which is transmitted in a text or graphic format, 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 in an audio format 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 in a text or graphic format, the disclosure statements required under paragraph
(1)shall appear in letters at least as large as the majority of the text in the communication. In the case of a communication to which this subsection applies which is transmitted in an audio format, the disclosure statements required under paragraph
(1)shall be made by audio by the applicable individual in a clear and conspicuous manner. In the case of a communication to which this subsection applies which is transmitted in a video format, 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 clear and conspicuous 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. 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 term Top Five Funders list means, with respect to a communication which is paid for in whole or in part with a campaign-related disbursement (as defined in section 324), a list of the five persons who, during the 12-month period ending on the date of the disbursement, provided the largest payments of any type in an aggregate amount equal to or exceeding $10,000 to the person who is paying for the communication and the amount of the payments each such person provided. If two or more people provided the fifth largest of such payments, the person paying for the communication 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 which is paid for in whole or in part with a campaign-related disbursement (as defined in section 324), a list of the persons who, during the 12-month period ending on the date of the disbursement, provided the largest and the second largest payments of any type in an aggregate amount equal to or exceeding $10,000 to the person who is paying for the communication and the amount of the payments each such person provided. If two or more persons provided the second largest of such payments, the person paying for the communication shall select one of those persons to be included on the Top Two Funders list. For purposes of subparagraphs
(A)and (B), in determining the amount of payments made by a person to a person paying for a communication, there shall be excluded the following: Any amounts provided in the ordinary course of any trade or business conducted by the person paying for the communication or in the form of investments in the person paying for the communication. Any payment which the person prohibited, in writing, from being used for campaign-related disbursements, but only if the person paying for the communication agreed to follow the prohibition and deposited the payment in an account which is segregated from any account used to make campaign-related disbursements. This subsection does not apply to any communication to which subsection (d)(2) applies. . Section 318(a) of such Act ( 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 subparagraph (B)) 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 during a calendar year with a campaign-related disbursement, but only if the covered organization making the campaign-related disbursement made campaign-related disbursements (as defined in section 324) aggregating more than $10,000 during such calendar year. For purposes of clause (i), in determining the amount of campaign-related disbursements made by a covered organization during a year, there shall be excluded the following: Any amounts received by the covered organization in the ordinary course of any trade or business conducted by the covered organization or in the form of investments in the covered organization. Any amounts received by the covered organization from a person who prohibited, in writing, the organization from using such amounts for campaign-related disbursements, but only if the covered organization agreed to follow the prohibition and deposited the amounts in an account which is segregated from any account used to make campaign-related disbursements. .
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Sec. 4302
Stand By Every Ad
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