[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR110.11]

[Page 139-140]
 
                       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 (2 U.S.C. 441d).

    (a)(1) General rules. Except as provided at paragraph (a)(6) of this 
section, whenever any person makes an expenditure for the purpose of 
financing a communication that expressly advocates the election or 
defeat of a clearly identified candidate, or that solicits any 
contribution, through any broadcasting station, newspaper, magazine, 
outdoor advertising facility, poster, yard sign, direct mailing or any 
other form of general public political advertising, a disclaimer meeting 
the requirements of paragraphs (a)(1) (i), (ii), (iii), (iv) or (a)(2) 
of this section shall appear and be presented in a clear and conspicuous 
manner to give the reader, observer or listener adequate notice of the 
identity of persons who paid for and, where required, who authorized the 
communication.
    (i) Such communication, including any solicitation, if paid for and 
authorized by a candidate, an authorized committee of a candidate, or 
its agent, shall clearly state that the communication has been paid for 
by the authorized political committee; or
    (ii) Such communication, including any solicitation, if authorized 
by a candidate, an authorized committee of a candidate or an agent 
thereof, but paid for by any other person, shall clearly state that the 
communication is paid for by such other person and is authorized by such 
candidate, authorized committee or agent; or
    (iii) Such communication, including any solicitation, if made on 
behalf of or in opposition to a candidate, but paid for by any other 
person and not authorized by a candidate, authorized committee of a 
candidate or its agent, shall clearly state that the communication has 
been paid for by such person and is not authorized by any candidate or 
candidate's committee.
    (iv) For solicitations directed to the general public on behalf of a 
political committee which is not an authorized committee of a candidate, 
such solicitation shall clearly state the full name of the person who 
paid for the communication.
    (2) Coordinated Party Expenditures. (i) For a communication paid for 
by a party committee pursuant to 2 U.S.C. 441a(d), the disclaimer 
required by paragraph (a)(1) of this section shall identify the 
committee that makes the expenditure as the person who paid for the 
communication, regardless of whether the committee was acting in its own 
capacity or as the designated agent of another committee.
    (ii) A communication made by a party committee pursuant to 2 U.S.C. 
441a(d) 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.
    (3) Definition of ``direct mailing.'' For purposes of paragraph 
(a)(1) of this section only, direct mailing includes any number of 
substantially similar pieces of mail but does not include a mailing of 
one hundred pieces or less by any person.
    (4) Exempt Activities. For purposes of paragraph (a)(1) of this 
section only, the term expenditure includes a communication by a 
candidate or party committee that qualifies as an exempt activity under 
11 CFR 100.8(b)(10), (16), (17), or (18). Such communications, unless 
excepted under paragraph (a)(6) of this section, shall clearly state who 
paid for the communication but do not have to include an authorization 
statement.

[[Page 140]]

    (5) Placement of Disclaimer. The disclaimers specified in paragraph 
(a)(1) of this section shall be presented in a clear and conspicuous 
manner, to give the reader, observer or listener adequate notice of the 
identity of the person or committee that paid for, and, where required, 
that authorized the communication. A disclaimer is not clear and 
conspicuous if the printing is difficult to read or if the placement is 
easily overlooked.
    (i) 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.
    (ii) Each communication that would require a disclaimer if 
distributed separately, that is included in a package of materials, must 
contain the required disclaimer.
    (iii) Disclaimers in a televised communication shall be considered 
clear and conspicuous if they appear in letters equal to or greater than 
four (4) percent of the vertical picture height that air for not less 
than four (4) seconds.
    (6) Exceptions. The requirements of paragraph (a)(1) of this section 
do not apply to:
    (i) Bumper stickers, pins, buttons, pens and similar small items 
upon which the disclaimer cannot be conveniently printed;
    (ii) Skywriting, watertowers, 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 which do 
not contain a political message and which are used for purely 
administrative purposes.
    (7) Activities by separate segregated fund or its connected 
organization. For purposes of paragraph (a)(1) 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 form of 
general public political advertising and need not contain the disclaimer 
set forth in paragraph (a)(1) of this section.
    (b)(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 purposes 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.

(2 U.S.C. 438(a)(8), 441a, 441d, 441e, 441f, 441g, 441h, 441i)

[41 FR 35948, Aug. 25, 1976, as amended at 45 FR 15122, Mar. 7, 1980; 48 
FR 8809, Mar. 2, 1983; 60 FR 52072, Oct. 5, 1995]