|
Mass Mailings
Section 3210 (a)(6)(A), Title 39 U.S.C. provides that a Member may not mail any mass mailings during the 90 days immediately preceding the date of any election (primary, general, special, or run off) in which the Member’s name will appear on the ballot as a candidate for election or re-election to any public office.
A mass mailing is defined as an unsolicited mailing of 500 or more pieces of substantially identical content - whether mailed singly or in bulk - over the course of a legislative year (January 3 of one year through January 2 of the following year).
Mass Communications
Likewise, the Regulations of the Committee on House Administration governing the use of official resources and the Member’s Representational Allowance prohibit the reimbursement of any expenses incurred in support of the preparation, production, distribution, etc. of any mass communication – regardless of media – if such communication occurs during the 90 days immediately preceding the date of any election (primary, general, special, or run off) in which the Member’s name will appear on the ballot as a candidate for election or re-election to any public office.
A mass communication is defined, consistent with the definition of a mass mailing, as any communication of substantially identical content to 500 or more individuals over the course of a legislative year, regardless of media. Examples of mass communications include but are not limited to:
- Automated telephone (“robo”) calls.
- E-communications distributed to a non-subscriber e-mailing list.
- Advertisements (radio, TV, internet, newspaper, etc.) of town hall meetings or of the personal appearance of the Member and/or the Member's employees at an official
- Mass mailings, e.g., newsletters, meeting notices, newspaper inserts, surveys and questionnaires, etc.
- Facsimiles.
- Posters, flyers, leaflets, handouts, etc.
- Video or audio communications for which a Member may incur expenses for production, distribution, and/or broadcast.
The restrictions do not apply to:
- Advertisements for employment and internship opportunities in the Member’s congressional office, U.S. Military Academy Days, and An Artistic Discovery.
- E-communications distributed to a subscriber e-mailing list of residents of the Member’s district.
- Mailings or communications which are in direct response, i.e., a solicited response, to inquiries or requests from the person to whom the response is directed.
- Mass mailings or communications to Members of Congress, government officials (Federal, state, and/or local, and mailings of news releases to bona fide communications media outlets.
- Updates to the Member’s official web site.
- Video teleconferencing services in support of the conduct of a meeting being hosted by the Member.
It is imperative that each Member and his/her staff be knowledgeable of their state election laws and how they may apply to these pre-election mailing and communication restrictions. Do not rely on vendors to be aware of these restrictions and when and how they apply to the distribution of your official mailings and communications.
If you or your staff have any question regarding the pre-election mailing and communication restrictions, please do not hesitate to contact the Franking Commission at x59337 (majority) or x60647 (minority).
|