[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: 11CFR114.15]

[Page 236-237]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 114_CORPORATE AND LABOR ORGANIZATION ACTIVITY--Table of Contents
 
Sec. 114.15  Permissible use of corporate and labor organization 
funds for certain electioneering communications.

    (a) Permissible electioneering communications. Corporations and 
labor organizations may make an electioneering communication, as defined 
in 11 CFR 100.29, to those outside the restricted class unless the 
communication is susceptible of no reasonable interpretation other than 
as an appeal to vote for or against a clearly identified Federal 
candidate.
    (b) Safe harbor. An electioneering communication is permissible 
under paragraph (a) of this section if it:
    (1) Does not mention any election, candidacy, political party, 
opposing candidate, or voting by the general public;
    (2) Does not take a position on any candidate's or officeholder's 
character, qualifications, or fitness for office; and
    (3) Either:
    (i) Focuses on a legislative, executive or judicial matter or issue; 
and
    (A) Urges a candidate to take a particular position or action with 
respect to the matter or issue, or
    (B) Urges the public to adopt a particular position and to contact 
the candidate with respect to the matter or issue; or
    (ii) Proposes a commercial transaction, such as purchase of a book, 
video, or other product or service, or such as attendance (for a fee) at 
a film exhibition or other event.
    (c) Rules of interpretation. If an electioneering communication does 
not qualify for the safe harbor in paragraph (b) of this section, the 
Commission will

[[Page 237]]

consider whether the communication includes any indicia of express 
advocacy and whether the communication has an interpretation other than 
as an appeal to vote for or against a clearly identified Federal 
candidate in order to determine whether, on balance, the communication 
is susceptible of no reasonable interpretation other than as an appeal 
to vote for or against a clearly identified Federal candidate.
    (1) A communication includes indicia of express advocacy if it:
    (i) Mentions any election, candidacy, political party, opposing 
candidate, or voting by the general public; or
    (ii) Takes a position on any candidate's or officeholder's 
character, qualifications, or fitness for office.
    (2) Content that would support a determination that a communication 
has an interpretation other than as an appeal to vote for or against a 
clearly identified Federal candidate includes content that:
    (i) Focuses on a public policy issue and either urges a candidate to 
take a position on the issue or urges the public to contact the 
candidate about the issue; or
    (ii) Proposes a commercial transaction, such as purchase of a book, 
video or other product or service, or such as attendance (for a fee) at 
a film exhibition or other event; or
    (iii) Includes a call to action or other appeal that interpreted in 
conjunction with the rest of the communication urges an action other 
than voting for or against or contributing to a clearly identified 
Federal candidate or political party.
    (3) In interpreting a communication under paragraph (a) of this 
section, any doubt will be resolved in favor of permitting the 
communication.
    (d) Information permissibly considered. In evaluating an 
electioneering communication under this section, the Commission may 
consider only the communication itself and basic background information 
that may be necessary to put the communication in context and which can 
be established with minimal, if any, discovery. Such information may 
include, for example, whether a named individual is a candidate for 
office or whether a communication describes a public policy issue.
    (e) Examples of communications. A list of examples derived from 
prior Commission or judicial actions of communications that have been 
determined to be permissible and of communications that have been 
determined not to be permissible under paragraph (a) of this section is 
available on the Commission's Web site, http://www.fec.gov.
    (f) Reporting requirement. Corporations and labor organizations that 
make electioneering communications under paragraph (a) of this section 
aggregating in excess of $10,000 in a calendar year shall file 
statements as required by 11 CFR 104.20.

[72 FR 72914, Dec. 26, 2007]