[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2009]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR110.11]

[Page 178-181]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 110_CONTRIBUTION AND EXPENDITURE LIMITATIONS AND PROHIBITIONS--
Table of Contents
 
Sec. 110.11  Communications; advertising; disclaimers (2 U.S.C 441d).

    (a) Scope. The following communications must include disclaimers, as 
specified in this section:
    (1) All public communications, as defined in 11 CFR 100.26, made by 
a political committee; electronic mail of more than 500 substantially 
similar communications when sent by a political committee; and all 
Internet websites of political committees available to the general 
public.
    (2) All public communications, as defined in 11 CFR 100.26, by any 
person that expressly advocate the election or defeat of a clearly 
identified candidate.
    (3) All public communications, as defined in 11 CFR 100.26, by any 
person that solicit any contribution.
    (4) All electioneering communications by any person.
    (b) General content requirements. A disclaimer required by paragraph 
(a) of this section must contain the following information:
    (1) If the communication, including any solicitation, is paid for 
and authorized by a candidate, an authorized committee of a candidate, 
or an agent of either of the foregoing, the disclaimer must clearly 
state that the communication has been paid for by the authorized 
political committee;
    (2) If the communication, including any solicitation, is authorized 
by a candidate, an authorized committee of a candidate, or an agent of 
either of the foregoing, but is paid for by any other person, the 
disclaimer must clearly state that the communication is paid for by such 
other person and is authorized by such candidate, authorized committee, 
or agent; or
    (3) If the communication, including any solicitation, is not 
authorized by a candidate, authorized committee of a candidate, or an 
agent of either of the foregoing, the disclaimer must clearly state the 
full name and permanent

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street address, telephone number, or World Wide Web address of the 
person who paid for the communication, and that the communication is not 
authorized by any candidate or candidate's committee.
    (c) Disclaimer specifications--(1) Specifications for all 
disclaimers. A disclaimer required by paragraph (a) of this section must 
be presented in a clear and conspicuous manner, to give the reader, 
observer, or listener adequate notice of the identity of the person or 
political committee that paid for and, where required, that authorized 
the communication. A disclaimer is not clear and conspicuous if it is 
difficult to read or hear, or if the placement is easily overlooked.
    (2) Specific requirements for printed communications. In addition to 
the general requirement of paragraphs (b) and (c)(1) of this section, a 
disclaimer required by paragraph (a) of this section that appears on any 
printed public communication must comply with all of the following:
    (i) The disclaimer must be of sufficient type size to be clearly 
readable by the recipient of the communication. A disclaimer in twelve 
(12)-point type size satisfies the size requirement of this paragraph 
(c)(2)(i) when it is used for signs, posters, flyers, newspapers, 
magazines, or other printed material that measure no more than twenty-
four (24) inches by thirty-six (36) inches.
    (ii) The disclaimer must be contained in a printed box set apart 
from the other contents of the communication.
    (iii) The disclaimer must be printed with a reasonable degree of 
color contrast between the background and the printed statement. A 
disclaimer satisfies the color contrast requirement of this paragraph 
(c)(2)(iii) if it is printed in black text on a white background or if 
the degree of color contrast between the background and the text of the 
disclaimer is no less than the color contrast between the background and 
the largest text used in the communication.
    (iv) The disclaimer need not appear on the front or cover page of 
the communication as long as it appears within the communication, except 
on communications, such as billboards, that contain only a front face.
    (v) A communication that would require a disclaimer if distributed 
separately, that is included in a package of materials, must contain the 
required disclaimer.
    (3) Specific requirements for radio and television communications 
authorized by candidates. In addition to the general requirements of 
paragraphs (b) and (c)(1) of this section, a communication that is 
authorized or paid for by a candidate or the authorized committee of a 
candidate (see paragraph (b)(1) or (b)(2) of this section) that is 
transmitted through radio or television, or through any broadcast, 
cable, or satellite transmission, must comply with the following:
    (i) A communication transmitted through radio must include an audio 
statement by the candidate that identifies the candidate and states that 
he or she has approved the communication; or
    (ii) A communication transmitted through television or through any 
broadcast, cable, or satellite transmission, must include a statement 
that identifies the candidate and states that he or she has approved the 
communication. The candidate shall convey the statement either:
    (A) Through an unobscured, full-screen view of himself or herself 
making the statement, or
    (B) Through a voice-over by himself or herself, accompanied by a 
clearly identifiable photographic or similar image of the candidate. A 
photographic or similar image of the candidate shall be considered 
clearly identified if it is at least eighty (80) percent of the vertical 
screen height.
    (iii) A communication transmitted through television or through any 
broadcast, cable, or satellite transmission, must also include a similar 
statement that must appear in clearly readable writing at the end of the 
television communication. To be clearly readable, this statement must 
meet all of the following three requirements:
    (A) The statement must appear in letters equal to or greater than 
four (4) percent of the vertical picture height;
    (B) The statement must be visible for a period of at least four (4) 
seconds; and

[[Page 180]]

    (C) The statement must appear with a reasonable degree of color 
contrast between the background and the text of the statement. A 
statement satisfies the color contrast requirement of this paragraph 
(c)(3)(iii)(C) if it is printed in black text on a white background or 
if the degree of color contrast between the background and the text of 
the statement is no less than the color contrast between the background 
and the largest type size used in the communication.
    (iv) The following are examples of acceptable statements that 
satisfy the spoken statement requirements of paragraph (c)(3) of this 
section with respect to a radio, television, or other broadcast, cable, 
or satellite communication, but they are not the only allowable 
statements:
    (A) ``I am [insert name of candidate], a candidate for [insert 
Federal office sought], and I approved this advertisement.''
    (B) ``My name is [insert name of candidate]. I am running for 
[insert Federal office sought], and I approved this message.''
    (4) Specific requirements for radio and television communications 
paid for by other persons and not authorized by a candidate. In addition 
to the general requirements of paragraphs (b) and (c)(1) of this 
section, a communication not authorized by a candidate or a candidate's 
authorized committee that is transmitted through radio or television or 
through any broadcast, cable, or satellite transmission, must comply 
with the following:
    (i) A communication transmitted through radio or television or 
through any broadcast, cable, or satellite transmission, must include 
the following audio statement, ``XXX is responsible for the content of 
this advertising,'' spoken clearly, with the blank to be filled in with 
the name of the political committee or other person paying for the 
communication, and the name of the connected organization, if any, of 
the payor unless the name of the connected organization is already 
provided in the ``XXX is responsible'' statement; and
    (ii) A communication transmitted through television, or through any 
broadcast, cable, or satellite transmission, must include the audio 
statement required by paragraph (c)(4)(i) of this section. That 
statement must be conveyed by an unobscured full-screen view of a 
representative of the political committee or other person making the 
statement, or by a representative of such political committee or other 
person in voice-over.
    (iii) A communication transmitted through television or through any 
broadcast, cable, or satellite transmission, must also include a similar 
statement that must appear in clearly readable writing at the end of the 
communication. To be clearly readable, the statement must meet all of 
the following three requirements:
    (A) The statement must appear in letters equal to or greater than 
four (4) percent of the vertical picture height;
    (B) The statement must be visible for a period of at least four (4) 
seconds; and
    (C) The statement must appear with a reasonable degree of color 
contrast between the background and the disclaimer statement. A 
disclaimer satisfies the color contrast requirement of this paragraph 
(c)(4)(iii)(C) if it is printed in black text on a white background or 
if the degree of color contrast between the background and the text of 
the disclaimer is no less than the color contrast between the background 
and the largest type size used in the communication.
    (d) Coordinated party expenditures and independent expenditures by 
political party committees. (1)(i) For a communication paid for by a 
political party committee pursuant to 2 U.S.C. 441a(d), the disclaimer 
required by paragraph (a) of this section must identify the political 
party committee that makes the expenditure as the person who paid for 
the communication, regardless of whether the political party committee 
was acting in its own capacity or as the designated agent of another 
political party committee.
    (ii) A communication made by a political party committee pursuant to 
2 U.S.C. 441a(d) and distributed prior to the date the party's candidate 
is nominated shall satisfy the requirements of this section if it 
clearly states who paid for the communication.
    (2) For purposes of this section, a communication paid for by a 
political

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party committee, other than a communication covered by paragraph 
(d)(1)(ii) of this section, that is being treated as a coordinated 
expenditure under 2 U.S.C. 441a(d) and that was made with the approval 
of a candidate, a candidate's authorized committee, or the agent of 
either shall identify the political party that paid for the 
communication and shall state that the communication is authorized by 
the candidate or candidate's authorized committee.
    (3) For a communication paid for by a political party committee that 
constitutes an independent expenditure under 11 CFR 100.16, the 
disclaimer required by this section must identify the political party 
committee that paid for the communication, and must state that the 
communication is not authorized by any candidate or candidate's 
authorized committee.
    (e) Exempt activities. A public communication authorized by a 
candidate, authorized committee, or political party committee, that 
qualifies as an exempt activity under 11 CFR 100.140, 100.147, 100.148, 
or 100.149, must comply with the disclaimer requirements of paragraphs 
(a), (b), (c)(1), and (c)(2) of this section, unless excepted under 
paragraph (f)(1) of this section, but the disclaimer does not need to 
state whether the communication is authorized by a candidate, or any 
authorized committee or agent of any candidate.
    (f) Exceptions. (1) The requirements of paragraphs (a) through (e) 
of this section do not apply to the following:
    (i) Bumper stickers, pins, buttons, pens, and similar small items 
upon which the disclaimer cannot be conveniently printed;
    (ii) Skywriting, water towers, wearing apparel, or other means of 
displaying an advertisement of such a nature that the inclusion of a 
disclaimer would be impracticable; or
    (iii) Checks, receipts, and similar items of minimal value that are 
used for purely administrative purposes and do not contain a political 
message.
    (2) For purposes of this section, whenever a separate segregated 
fund or its connected organization solicits contributions to the fund 
from those persons it may solicit under the applicable provisions of 11 
CFR part 114, or makes a communication to those persons, such 
communication shall not be considered a type of public communication and 
need not contain the disclaimer required by paragraphs (a) through (c) 
of this section.
    (g) Comparable rate for campaign purposes. (1) No person who sells 
space in a newspaper or magazine to a candidate, an authorized committee 
of a candidate, or an agent of the candidate, for use in connection with 
the candidate's campaign for nomination or for election, shall charge an 
amount for the space which exceeds the comparable rate for the space for 
non-campaign purposes.
    (2) For purposed of this section, comparable rate means the rate 
charged to a national or general rate advertiser, and shall include 
discount privileges usually and normally available to a national or 
general rate advertiser.

[67 FR 76975, Dec. 13, 2002, as amended at 71 FR 18613, Apr. 12, 2006]