2 U.S.C. § 434(f)(3)(A) defines an electioneering communication (“EC”) as any broadcast, cable or satellite communication that fulfills each of the following conditions:
- The communication refers to a clearly identified candidate for federal office (this condition is met if a communication contains the candidate’s nickname, name, image or makes any unambiguous reference to the person or their status as a candidate).
- The communication is publicly distributed shortly before an election for the office that candidate is seeking (the EC rules apply only 60 days before a general election or 30 days before a primary). For example, electioneering communications rules apply now regarding either candidate for president because we are 60 days before the general election.
- The communication is targeted to the relevant electorate (U.S. House and Senate candidates only). This means the communication can be received by 50,000 or more people in the district (House candidates) or state (Senate candidates).
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