TITLE 11 - FEDERAL ELECTIONS

CHAPTER I - FEDERAL ELECTION COMMISSION

SUBCHAPTER A - GENERAL

PART 100 - SCOPE AND DEFINITIONS (2 U.S.C. 431)

subpart a - GENERAL DEFINITIONS

100.22 - Expressly advocating (2 U.S.C. 431(17)).

Expressly advocating means any communication that(a) Uses phrases such as vote for the President, re-elect your Congressman, support the Democratic nominee, cast your ballot for the Republican challenger for U.S. Senate in Georgia, Smith for Congress, Bill McKay in '94, vote Pro-Life or vote Pro-Choice accompanied by a listing of clearly identified candidates described as Pro-Life or Pro-Choice, vote against Old Hickory, defeat accompanied by a picture of one or more candidate(s), reject the incumbent, or communications of campaign slogan(s) or individual word(s), which in context can have no other reasonable meaning than to urge the election or defeat of one or more clearly identified candidate(s), such as posters, bumper stickers, advertisements, etc. which say Nixon's the One, Carter '76, Reagan/Bush or Mondale!; or (b) When taken as a whole and with limited reference to external events, such as the proximity to the election, could only be interpreted by a reasonable person as containing advocacy of the election or defeat of one or more clearly identified candidate(s) because (1) The electoral portion of the communication is unmistakable, unambiguous, and suggestive of only one meaning; and (2) Reasonable minds could not differ as to whether it encourages actions to elect or defeat one or more clearly identified candidate(s) or encourages some other kind of action.

[60 FR 35304, July 6, 1995]