1. What information must be included on a political disclaimer?
- Any political advertisement that is paid for by a candidate (except a write-in candidate) and that is published, displayed, or circulated before, or on the day of, any election must prominently state:
- "Political advertisement paid for and approved by (name of candidate), (party affiliation) for (office sought)" or "Paid by (name of candidate), (party affiliation), for (office sought)."
- Disclaimer for Write-in Candidates - Any political advertisement that is paid for by a write-in candidate and that is published, or circulated before, or on the day of, any election must prominently state:
- "Political advertisement paid for and approved by"(name of candidate)", write-in candidate, for "(office sought)"; or "Paid by"(name of candidate)", write-in candidate, for"(office sought)"
- If the candidate for partisan office is running as a candidate with no party affiliation:
- Any advertisement of the candidate must state that the candidate has no party affiliation.
- Independent Expenditure Disclaimers
- Any political advertisement paid for by an independent expenditure shall prominently state "Paid political advertisement paid for by (name and address or person paying for advertisement) independently of any (candidate or committee)."
- Any person who makes an independent expenditure for a political advertisement shall provide a written statement that no candidate has approved the advertisement to the newspaper, radio station, television station, or other medium for each such advertisement submitted for publication, display, broadcast, or other distribution. The advertisement must also contain a statement that no candidate has approved the advertisement. This paragraph does not apply to campaign messages used by a candidate and his or her supporters if those messages are designed to be worn by a person.
- Disclaimers for Other Than Independent Expenditures
- Any political advertisement, not paid for by a candidate, including those paid for by a political party or affiliated party committee, other than an independent expenditure, offered on behalf of a candidate must be approved in advance by the candidate. Such political advertisement must expressly state that the content of the advertisement was approved by the candidate and must state who paid for the advertisement.
- For more disclaimer examples and exceptions from the disclaimer requirement, especially for technology-based advertising, see Candidate and Committee Handbooks located on the Florida Division of Elections website.
2. Can my political ad say "re-elect" if I'm not the incumbent?
- If a candidate is not the incumbent for the office being sought, the word "re-elect" may not be used and the word "for" must be placed between the name of the candidate and the office sought. (Section 106.143(6), F.S.)
3. What is an electioneering communication?
- Electioneering communication means any communication publicly distributed by a television station, radio station, cable television system, satellite system, newspaper, magazine, direct mail, or telephone that:
- Refers to or depicts a clearly identified candidate for office without expressly advocating the election or defeat of a candidate but that is susceptible of no reasonable interpretation other than an appeal to vote for or against a specific candidate;
- Is made within 30 days before a primary or special primary election or 60 days before any other election for the office sought by the candidate; and
- Is targeted to the relevant electorate in the geographical area the candidate would represent if elected.
- (Section 106.011(18), F.S.). For exceptions to the above definition, see the Electioneering Communications Handbook on the Florida Division of Elections website.
4. Do electioneering communications need disclaimers?
- Yes. The disclaimer must read: "Paid electioneering communication paid for by (name and address of person paying for the communication)" (Section 106.1439, F.S.)
5. Do I have to report expenditures for electioneering communications?
- Yes. If the expenditure is not otherwise required to reported by Chapter 106, F.S., it must be reported if the expenditure was $5000 or more. It is reported in the same manner, at the same time and subject to the same penalties as are political committee expenditures. (Section 106.071(1), F.S.) If the expenditure is made by an electioneering communication organization, the reporting requirements are located in Section 106.0703, F.S.