What must the attribution say?
The attribution must clearly identify the name and mailing address of the entity that paid for the communication. Committee attribution must also include the name of the Treasurer. All attributions must include the words "paid for by" followed by the appropriate identifying information.
For election materials financed by a candidate or a candidate's campaign, the attribution must include:
- 1. The name and address of the candidate or the name and address of the candidate's campaign;
- 2. In partisan elections, candidates must also state their party affiliation or include the party symbol.
- * An attribution using the name of the candidate's campaign must include the first and last name of the candidate if the name of the campaign does not include at least the candidate's last name.
- * Additional information, such as the name of the campaign treasurer, may be included with the attribution language, but it is not required.
- * Material that contains information about another candidate's voting record must include all the information specified in 13-35-225(3)(a), MCA.
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Paid for by Williams for Senate
P.O. Box 123 (ßparty symbol)
Helena, MT 59604
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For election materials financed by a political committee, the attribution must include:
- 1. The name of the committee;
- 2. The name of the committee treasurer; and
- 3. The address of either the committee or its treasurer.
* In partisan candidate elections, materials financed by a political committee organized on the candidate's behalf must state either the candidate's party affiliation or include the party's symbol. Acceptable party designation guidance is available at 4.11.601(4)(a), ARM.
- * Material that contains information about another candidate's voting record must include all the information specified in 13-35-225(3)(a), MCA.
- * A political committee that is a corporation or a union must also include: 1) the name of the corporation or union, its chief executive officer or equivalent, and the physical address of the corporation or union's principal place of business.
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Paid for by Montanans for Minnows
Carol Caddis, Treasurer
1000 Dry Fly Drive
Helena, MT 59601
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Paid for by Montana Grocery Workers Union
James Legume, President
2000 Produce Way
Helena, MT 59601
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For election materials financed by an individual acting on their own behalf, the attribution must include:
- 1. The name of the individual who paid for the materials,
- 2. The address of the individual who paid for the materials.
- * Material that contains information about another candidate's voting record must include all the information specified in 13-35-225(3)(a), MCA.
Attribution placement
All election materials are required by 13-35-225, MCA to clearly and conspicuously include the appropriate attribution language. The attribution should be easy to find on the communication, and have a sufficient text size and contrast to be clearly readable. Attributions on one-sided campaign signs should include the attribution on the printed “front” side of the sign. Read and familiarize yourself with the specific attribution requirements at 44.11.601, ARM.
Candidates who run paid advertisements on Facebook are encouraged to include their full "paid for by" attribution message in the "About" section of their Facebook page, so that this information is available for any individual ad when viewed via the Ads Library under "Ad Details." Read the rest of the February 20202 guidance here. The full attribution message should also be provided for paid Facebook ads as:
- a fixed textual component in the body of an ad, or
- a spoken message at the beginning or end of an ad, or
- an image appearing at the beginning of an ad, or
- within the body of a Facebook post that accompanies a paid ad, etc.
If your campaign material is too small to include an attribution, you must file a copy of the material or item with the Commissioner of Political Practices with attribution at the time the material is published. Reference 44.11.601(6), ARM and 13-35-225(4), MCA.
If you fail to attribute an election communication, the person financing the communication must notify the Commissioner of Political Practices within two days of discovering the error and make every reasonable effort to bring the material into compliance. No materials should be disseminated that are not in compliance. Any communications must be pulled until they have been corrected.
Q: Are paid political texts legal?
A: Certain paid texts, mass texts, or robo-texts without attribution that relate to state or local candidates or issue violates Montana law. A separate federal law called the Telephone Consumer Protection Act (TCPA) is enforced by the Federal Communications Commission (FCC). The FCC accepts complaints about robo-texts and enforces federal law.
On October 19, 2018, the Commissioner sent out this information in response to local concerns over political robotexts. The press release reiterated that Montana law requires that all election communications, electioneering communications, and independent expenditures include an attribution disclosing who the communication is funded by, and contact information for the source (Mont. Code Ann. § 13-35-225). The Commissioner will enforce the requirements of the attribution laws on all political communications including text messages.
Robo-texts are regulated by the federal TCPA law. Under the TCPA, restrictions on political campaign-related robocalls or robotexts vary based on whether a call is delivered to a landline telephone, a cell phone, or certain protected telephone lines such as emergency or toll-free lines, or lines serving hospitals or similar facilities. Political campaign-related autodialed or prerecorded voice calls, including autodialed live calls, prerecorded voice messages, and text messages, are:
-Not allowed to cell phones, pagers, or other mobile devices without the called party's prior express consent.
-Not allowed to protected phone lines such as emergency or toll-free lines, or lines serving hospitals or similar facilities, unless made with the called party's prior express consent.
-Allowed when made to landline telephones, even without prior express consent.
Robotexts - text messages generated through autodialing - are considered a type of call and fall under all robocall rules. As text messages generally go to mobile phones, they require the called party's prior express consent if they are generated using autodialing.
Q: Who do I contact if I receive an election communication without attribution?
A: If the materials come from a state or local candidate or ballot issue, contact the candidate, the committee, or the Commissioner of Political Practices at 406-444-2942 or email cpphelp@mt.gov. If the material is for a federal congressional candidate, contact the Federal Elections Commission (FEC). Please note that FEC attribution requirements differ from Montana’s statute.
Attribution Information for Non-Attributed Materials
According to 13-35-225(4), MCA, if a document or other article of advertising is too small for the requirements of subsections (1) through (3) to be conveniently included, the candidate responsible for the material or the person financing the communication shall file a copy of the article with the commissioner of political practices, together with the required information or statement, at the time of its public distribution. - or - Reported, self-reported, and non-compliant attribution corrections provided to the Commissioner, 13-35-225(7)
2020 Attribution Information
ACLU - Text Messaging - Reproductive Freedom Cooney October 31 Attribution
RGA Right Direction PAC - Text Messaging - (Several) Cooney, Gianforte October 29 - Nov 1 Attribution
RGA Right Direction PAC - Text Messaging - Tremendous Gianforte Oct. 29, 2020 Attribution
RGA Right Direction PAC - Text Messaging (Several) - October 9 - 27, 2020 'COPP-2020-CFP-049' Attribution
RGA Right Direction PAC - Text Message - 7 Days Gianforte Oct. 27, 2020 Attribution
Terry Dennis Mailers 'COPP-2020-CFP-045' Attribution
ACLU Text material 1, Text Material 2, Attribution
Jesi Stahl Face mask
Greg Gianforte multi-page material: COPP-2020-CFP-031; Material; Resolution
American Prosperity Group 'COPP-2020-CFP-007'
Kimberly Dudik 'Protects Others' mailer
Mike Cooney; 'I Like Mike' buttons
Albert Olszewski; Circular card and COPP response
Jon Bennion; Lapel stickers and hand carved sign; Badge
I-187 2020; Button Sticker, image
Putnam et al; Digital Ads
2019 Attribution Information
Yellowstone County Republican Central Committee, 4/9/19 Lincoln Reagan dinner, keychain, shot and wine glass
2018 General Election - October 2018
YES for Responsible Mining Oct 13 SMS Communication
Montana Women Votes - I-185 SMS Communication
Montana Human Rights Network - I-185 SMS Communication
Gallatin County Democrats - Sticky Notes 'Your Voice is Your Vote'
2018 General Election - November 2018
Chase Reynolds - Intro Mailer