FEC Seeks Comment on New Political Ad Disclosure Rules

The Federal Election Commission (FEC) on March 14, 2018 adopted a draft Public Notice seeking comments with regard to proposed changes to online political advertisement disclosure rules. “Disclaimers” are currently required on paid print, radio, and TV ads that expressly advocate for a candidate, that solicit political donations, or that are made by a political committee, but the FEC proposes to extend that requirement to certain online paid ads. The comment date is set for 60 days after publication in the Federal Register, which has not yet occurred.

The FEC’s draft Public Notice requests comment on two proposals that differ slightly. One proposal would require paid online ads to use the same disclaimers as their traditional print, radio, and TV counterparts; the other proposal would treat online paid ads differently from traditional media ads and would not impose the analogous requirements that apply to print, radio, and TV paid ads.

Consistent with the current rules, these disclaimers would be required to state who paid for the ad, in addition to other identifying information about that organization or person, and whether the candidate authorized the ad. Both proposals would also allow for adapted disclaimers for paid online ads with constraints on the number of characters in the message, size of the message, or duration of the message.

The FEC is holding a public hearing about these proposed rules on June 27, 2018.

If you have any questions about filing comments in this proceeding or about political advertisement disclosures generally, please contact any attorney in our office.