Practical Applications
The Fair Campaign Practices Act
(FCPA) specifies that campaign advertising appearing in print and
broadcast media and campaign literature must be clearly identified with
an advertising disclaimer.
Campaign literature and
advertisements must carry this information on the face or front page and
broadcast materials must be identified either at the beginning or the
end of the radio or television spot.
Does the FCPA specify wording for the
disclaimer?
No, the law does not give a
specific format for wording the disclaimer. However, the FCPA does state
that political advertisements must be identified or marked as paid
advertisement. Such words as paid advertisement by, paid for by, paid
political ad meet the requirements of the act; however, an advertiser is
not limited to just those phrases. Attorney General's Opinion 94-227
states that words which indicate that the advertisement is a paid
political advertisement meet the requirements of the law.
In addition, the disclaimer
must contain the identification of the person, candidate, principal
campaign committee, or other political committee placing the ad. Under
the FCPA, the term identification means full name and complete address.
The attorney general has stated in AG's Opinion 94-227 that a complete
address includes the street or post office box, city, and state.
Does the U.S. Supreme Court ruling in
McIntrye v. Ohio Elections Commission affect FCPA disclaimer
requirements?
That
case, which involved an individual who
distributed anonymous leaflets opposing a
proposed school tax levy, has very limited
impact. Alabama's attorney general has
written in AG's Opinion 95-218 that the
ruling is limited to individuals who
distribute anonymous written material
(particularly leaflets) in a non-candidate
election. In all other circumstances, the
advertising must carry identification.
What about
billboards and campaign materials?
The
advertising disclaimer should be used on
billboards, yard signs, bumper stickers, and
campaign novelties, such as buttons,
pencils, caps, and T-shirts, because these
types of advertising fall under the category
of "poster or other printed material" named
in §17-5-13, the Code of Alabama, 1975.
Is there a
penalty for failing to comply?
The attorney general may
prosecute any person who violates the FCPA law. Anyone failing to comply
with the advertising requirements would be guilty of a Class A
misdemeanor and subject to a fine of not more than $2,000 and/or
imprisonment of not more than one year. |
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State Law
The Fair Campaign Practices Act
(FCPA) addresses advertising requirements in three sections of the Code
of Alabama, 1975:
§17-5-12. Paid
advertisements to be identified as such.
Any paid political advertisement appearing in any print media or
broadcast on any electronic media shall be clearly identified or marked
as a paid advertisement. It shall be unlawful for any person, candidate,
principal campaign committee or other political committee to broadcast,
publish or circulate any campaign literature or political advertisement,
without a notice appearing on the face or front page of any printed
matter, or broadcast at the beginning or end of a radio or television
spot, stating that the communication was a paid advertisement and giving
the identification (emphasis added) of the person, principal campaign
committee or other political committee that paid for or otherwise
authorized such communication.
§17-5-13. Cards,
pamphlets, circulars, etc., to bear name of candidate, committee, etc.
It shall be unlawful for any person, candidate, principal campaign
committee, or other political committee to publish or distribute or
display, or cause to be published or distributed or displayed, any card,
pamphlet, circular, poster, or other printed material relating to or
concerning any election, which does not contain the identification
(emphasis added) of the person, candidate, principal campaign committee,
or other political committee responsible for the publication or
distribution or display of the same.
§17-5-2.Definitions.
(5) IDENTIFICATION.
The full name and complete address.
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