FEC Notice Period for KY and WV Commencing

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The Federal Electioneering Communications period begins April 8 in West Virginia and April 23 in Kentucky, and continues through each state?s primary election. During this period electioneering communications made in connection with a federal candidate must be reported to the Federal Election Commission (FEC) within 24 hours.

An electioneering communication is any broadcast, cable or satellite communication that fulfills each of the following conditions:

  1. The communication refers to a clearly identified candidate for federal office;
  2. The communication is publicly distributed within 60 days prior to the general election or 30 days prior to the primary election for the office that candidate is seeking; and
  3. The communication is targeted to the relevant electorate (U.S. House and Senate candidates only).

Persons or entities that make electioneering communications aggregating over $10,000 in a calendar year must file FEC Form 9 before midnight on the day following the disclosure date of the communication.  The law requires continuous reporting each time the $10,000 threshold is exceeded.  Please be aware that communications in media markets reaching multiple states may implicate additional reporting.

Click here to view the FEC brochure on Electioneering Communications.  The brochure may not take into account recent court decisions and rulemakings that may have changed the reporting requirements.  As always, please consult  with counsel prior to making or paying for electioneering communications.