Current through Register Vol. 18, September 20, 2024
(1) An
electioneering communication is a paid communication that:
(a) is publicly distributed by one or more of
the modes of communication listed in the statute;
(b) is made within 60 days of the initiation
of voting in an election;
(c) does
not support or oppose a candidate or ballot issue, as "support or oppose" is
defined in
13-1-101,
MCA;
(d) can be received by more
than 100 recipients in the district voting on the candidate or ballot issue;
(e) meets one or more of the
following criteria:
(i) refers to one or more
clearly identified candidates in the election;
(ii) depicts the name, image, likeness, or
voice of one or more clearly identified candidates in the election; or
(iii) refers to a political party,
ballot issue, or other question submitted to the voters in the election.
(2) In (1)(b)
the phrase "made within 60 days of the initiation of voting in an election"
shall mean the following:
(a) in the case of
mail ballot elections, the initiation of voting occurs when official ballot
packets are mailed to qualified electors pursuant to
13-19-206,
MCA;
(b) in other elections the
initiation of voting occurs when absentee ballot packets are mailed to or
otherwise delivered to qualified electors pursuant to
13-13-214,
MCA.
(3) An
electioneering communication does not mean any communication that is excluded
from the definition of the term in
13-1-101,
MCA. In addition, an electioneering communication does not mean:
(a) a communication that refers to or depicts
the name, image, likeness, or voice of one or more clearly identified
candidates, but that is susceptible to no reasonable interpretation other than
as unrelated to the candidacy or the election;
(b) a communication that refers to a
political party, ballot issue, or other question submitted to the voters at an
election, but that is susceptible to no reasonable interpretation other than as
unrelated to the issue or the election;
(c) the voter information pamphlet prepared
and distributed by the Secretary of State; or
(d) any other regular or normal communication
by a local government or a state agency that includes information about a
candidate, ballot issue, or election including sample ballots and the time,
place, or manner of an upcoming election. Any other communication may be
subject to reporting and disclosure as an electioneering communication. For
purposes of this rule the terms local government and state agency shall have
the same meaning as the definitions of the terms in
2-2-102, MCA.
(4) An electioneering
communication may also be an independent expenditure.
(5) The determination whether a particular
communication is an electioneering communication or is excluded from the
definition of the term will be based on the purpose, timing, and distribution
of the communication.
(6) Upon
request, the commissioner may issue a letter to a group or person reporting the
cost of electioneering communications under these rules. The letter may state
that the reporting and disclosure required for an electioneering communication
does not mean or imply that an express advocacy determination was made as to
the communication that is covered by the cost reported.
(7) A person who makes an electioneering
communication is subject to the reporting and disclosure requirements of Title
13, chapters 35 and 37, MCA, and these rules.
(8) The COPP shall maintain a form which will
allow a political committee to report an electioneering communication without
designating the expenditure as in support of or in opposition to candidate(s)
or issue(s).
AUTH:
13-37-114, MCA;
IMP,
13-1-101,
13-37-225,
13-37-226,
13-37-229,
13-37-232,
MCA;
