Expenditures: Paid Communications
Paid Communications 101
Montana campaign finance law protects the public’s right to know who is paying to finance elections. Every Montanan must be able to look at any statewide political ad* and be able to know who financed the material in addition to telling it apart from other, similar activities.As a candidate or committee, you are required to disclose expenditures to ensure transparency. You ensure Montanans elections remain transparent by reporting expenditures made to a consultant, advertising agency, polling firm, or other person that performs services for or on behalf of a candidate, political committee, or joint fundraising committee must be itemized and described in sufficient detail to disclose the specific services performed by the entity
All election and electioneering communications are legally required to include attribution that identifies the entity that paid for the communication.
It is the candidate’s responsibility and obligation to understand and comply with all Montana campaign finance laws. While COPP staff is available to provide information and support to all candidates and treasurers, again, it is the candidate who is responsible for ensuring the campaign complies with all campaign finance requirements. Any expenditure activity –including social media ad buys—must be reported as detailed in 13-37-229(2), MCA and related ARM.
An "Election communication" means the following forms of communication to support or oppose a candidate or ballot issue:
-a paid advertisement broadcast over radio, television, cable, or satellite;
-a paid placement of content on the internet or other electronic communication network;
-a paid advertisement published in a newspaper or periodical or on a billboard;
-a mailing; or printed materials.
“Electioneering communication” means a paid communication that is publicly distributed by radio, television, cable, satellite, website, newspaper, periodical, billboard, mail, or any other distribution of materials, that is made within 60 days of an election, that does not support or oppose a candidate or ballot issue, that can be received by more than 100 recipients in the district voting on the candidate or ballot issue, and that:
-Refers to one or more clearly-identified candidates in the election
-Depicts the name, image, likeness, or voice of a candidate
-Refers to a political party, ballot issue, or other question on the ballot.
The attribution must clearly identify the name and mailing address of the entity that paid for the communication. It may also need to include a political party symbol. Committee attribution must also include the name of the Treasurer (see this Attribution Information page for more details).
Guidance on Reporting Paid Communication Expenditures
For any paid communication expenditure, you must report the following details about the material in a campaign finance report:
1. Platform: State the digital, radio, or print platform where your ad ran. Was it a Facebook ad? Was it published in the local newspaper? Did you buy a google ad? Best practice is to specify the medium or platform the ad ran on within the description on the financial report.
2. Quantities: List the number of paid material or materials that were made or in the case of social media, the date range in which the paid advertisement was run
3. Description: Reports of expenditures made to a consultant, advertising agency, polling firm, or other person that performs services for or on behalf of a candidate, political committee, or joint fundraising committee must be itemized and described in sufficient detail to disclose the specific services performed by the entity
For more details, please see Montana Code Annotated 13-37-229 and Administrative Rule of Montana, 44.11.502.
Guidance memo on reporting expenditures made to a consultant, advertising agency, polling firm, or other person that performs services for or on behalf of a candidate, political committee, or joint fundraising committee.
TIP! Require your consultant, ad agency, etc. provide a detailed statement/invoice. Attach the invoice from the consultant, advertising agency, polling firm, or other person that performs services to the attachement tab in CERS that correlates with the reported expenditure.
*For questions regarding federal candidates or elections, please contact the Federal Election Commission. They can be reached at www.fec.gov or 1-800-424-9530.