§ 441d. — Publication and distribution of statements and solicitations; charge for newspaper or magazine space.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC441d]
TITLE 2--THE CONGRESS
CHAPTER 14--FEDERAL ELECTION CAMPAIGNS
SUBCHAPTER I--DISCLOSURE OF FEDERAL CAMPAIGN FUNDS
Sec. 441d. Publication and distribution of statements and
solicitations
(a) Identification of funding and authorizing sources
Whenever a political committee makes a disbursement for the purpose
of financing any communication through any broadcasting station,
newspaper, magazine, outdoor advertising facility, mailing, or any other
type of general public political advertising, or whenever any person
makes a disbursement for the purpose of financing communications
expressly advocating the election or defeat of a clearly identified
candidate, or solicits any contribution through any broadcasting
station, newspaper, magazine, outdoor advertising facility, mailing, or
any other type of general public political advertising or makes a
disbursement for an electioneering communication (as defined in section
434(f)(3) of this title), such communication--
(1) if paid for and authorized by a candidate, an authorized
political committee of a candidate, or its agents, shall clearly
state that the communication has been paid for by such authorized
political committee, or \1\
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\1\ So in original. The word ``or'' probably should appear at the
end of par. (2).
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(2) if paid for by other persons but authorized by a candidate,
an authorized political committee of a candidate, or its agents,
shall clearly state that the communication is paid for by such other
persons and authorized by such authorized political committee; \1\
(3) if not authorized by a candidate, an authorized political
committee of a candidate, or its agents, shall clearly state the
name and permanent street address, telephone number, or World Wide
Web address of the person who paid for the communication and state
that the communication is not authorized by any candidate or
candidate's committee.
(b) Charge for newspaper or magazine space
No person who sells space in a newspaper or magazine to a candidate
or to the agent of a candidate, for use in connection with such
candidate's campaign, may charge any amount for such space which exceeds
the amount charged for comparable use of such space for other purposes.
(c) Specification
Any printed communication described in subsection (a) of this
section shall--
(1) be of sufficient type size to be clearly readable by the
recipient of the communication;
(2) be contained in a printed box set apart from the other
contents of the communication; and
(3) be printed with a reasonable degree of color contrast
between the background and the printed statement.
(d) Additional requirements
(1) Communications by candidates or authorized persons
(A) By radio
Any communication described in paragraph (1) or (2) of
subsection (a) of this section which is transmitted through
radio shall include, in addition to the requirements of that
paragraph, an audio statement by the candidate that identifies
the candidate and states that the candidate has approved the
communication.
(B) By television
Any communication described in paragraph (1) or (2) of
subsection (a) of this section which is transmitted through
television shall include, in addition to the requirements of
that paragraph, a statement that identifies the candidate and
states that the candidate has approved the communication. Such
statement--
(i) shall be conveyed by--
(I) an unobscured, full-screen view of the candidate
making the statement, or
(II) the candidate in voice-over, accompanied by a
clearly identifiable photographic or similar image of
the candidate; and
(ii) shall also appear in writing at the end of the
communication in a clearly readable manner with a reasonable
degree of color contrast between the background and the
printed statement, for a period of at least 4 seconds.
(2) Communications by others
Any communication described in paragraph (3) of subsection (a)
of this section which is transmitted through radio or television
shall include, in addition to the requirements of that paragraph, in
a clearly spoken manner, the following audio statement: ``_____ is
responsible for the content of this advertising.'' (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 any connected
organization of the payor). If transmitted through television, the
statement shall 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, and shall also appear in a clearly
readable manner with a reasonable degree of color contrast between
the background and the printed statement, for a period of at least 4
seconds.
(Pub. L. 92-225, title III, Sec. 318, formerly Sec. 323, as added Pub.
L. 94-283, title I, Sec. 112(2), May 11, 1976, 90 Stat. 493; renumbered
Sec. 318 and amended Pub. L. 96-187, title I, Secs. 105(5), 111, Jan. 8,
1980, 93 Stat. 1354, 1365; Pub. L. 107-155, title III, Sec. 311, Mar.
27, 2002, 116 Stat. 105.)
Prior Provisions
A prior section 318 of Pub. L. 92-225 was classified to section 439b
of this title, prior to repeal by Pub. L. 96-187.
Another prior section 318 of Pub. L. 92-225 was renumbered section
313, and is classified to section 439a of this title.
Amendments
2002--Subsec. (a). Pub. L. 107-155, Sec. 311(1)(A)(iv), which
directed insertion of ``or makes a disbursement for an electioneering
communication (as defined in section 434(f)(3) of this title)'' after
``public political advertising'' in introductory provisions, was
executed by making the insertion after those words the second time
appearing, to reflect the probable intent of Congress.
Pub. L. 107-155, Sec. 311(1)(A)(i)-(iii), in introductory
provisions, substituted ``Whenever a political committee makes a
disbursement for the purpose of financing any communication through any
broadcasting station, newspaper, magazine, outdoor advertising facility,
mailing, or any other type of general public political advertising, or
whenever any person makes a disbursement'' for ``Whenever any person
makes an expenditure'' and struck out ``direct'' before ``mailing,'' the
second time appearing.
Subsec. (a)(3). Pub. L. 107-155, Sec. 311(1)(B), inserted ``and
permanent street address, telephone number, or World Wide Web address''
after ``name''.
Subsecs. (c), (d). Pub. L. 107-155, Sec. 311(2), added subsecs. (c)
and (d).
1980--Subsec. (a). Pub. L. 96-187, Sec. 111, designated existing
provisions as subsec. (a), and in revising text, provided for
solicitation of contributions; prescribed three categories of
communications: (1) paid for and authorized by the candidate, (2) paid
for by others but authorized by the candidate, and (3) not authorized by
the candidate for prior two categories where (1) authorized and (2) not
authorized by the candidate; struck out requirement for statement in
accordance with regulations of Commission and in a conspicuous manner;
and struck out from the communication not authorized by the candidate
statement of name of affiliated or connected organization required to be
disclosed under section 433 (b)(2) of this title.
Subsec. (b). Pub. L. 96-187, Sec. 111, added subsec. (b).
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-155 effective Nov. 6, 2002, but not
applicable with respect to runoff elections, recounts, or election
contests resulting from elections held prior to Nov. 6, 2002, see
section 402 of Pub. L. 107-155, set out as an Effective Date of 2002
Amendment; Regulations note under section 431 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-187 effective Jan. 8, 1980, see section
301(a) of Pub. L. 96-187, set out as a note under section 431 of this
title.
