[EL] Question about Crossroads AOR

[Matthew Sanderson]

I believe the answer is that FEC rules at 110.11 dictate that disclaimers
must be placed on any "public communication ... made by a political
committee." Because Crossroads is a Super PAC, it must place the
appropriate disclaimers on its ad (connoting sponsorship identity and
candidate authorization), even if the ad is not an independent expenditure,
electioneering communication, or "campaign ad," as you put it.

So an ad can potentially feature disclaimers without being a
"coordinated communication" because the disclaimer rules and coordinated
communication test have different scopes.

Matt


On Tue, Nov 29, 2011 at 12:37 PM, Rick Hasen <rhasen at law.uci.edu> wrote:

> copying to the listserv....
> Rick
>
> On 11/29/2011 9:35 AM, Bob Biersack wrote:
> > Hi Rick,
> > Sorry to send this to you directly - its really intended for the
> listserv.  I have a question about one specific element in the Crossroads
> AOR.  In question 2, they describe their intent to include what amounts to
> "stand by your ad" language. (page 5 of the request) How can including
> language that exists in the statute only for campaign ads not be the
> functional equivalent of express advocacy? Doesn't this make it susceptible
> of no other reasonable interpretation than an appeal to vote for the
> candidate?
> >
> > Interesting that the burden of stand by your ad has now apparently
> become a valuable branding technique. . .?
> >
> > Sent from my iPad
>
> --
> Rick Hasen
> Professor of Law and Political Science
> UC Irvine School of Law
> 401 E. Peltason Dr., Suite 1000
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