Electioneering Communications

Electioneering communications are a category of political advertising defined in U.S. federal campaign-finance law by the Bipartisan Campaign Reform Act of 2002 (BCRA), often called the McCain–Feingold Act. Under BCRA, an electioneering communication is any broadcast, cable, or satellite transmission that:

• refers to a clearly identified candidate for federal office,
• is publicly distributed within 60 days before a general election or 30 days before a primary election or nominating convention, and
• is targeted to the relevant electorate (for House and Senate races).

The category was created to close a loophole exposed in the 1990s, when groups ran so-called "issue ads" that avoided magic words of express advocacy ("vote for," "defeat") while clearly attacking or supporting candidates. By regulating ads based on timing and reference rather than express advocacy, Congress sought to capture this sham-issue advertising.

BCRA originally barred corporations and labor unions from funding electioneering communications out of their general treasuries, and required disclosure of donors and disbursements to the Federal Election Commission (FEC). The Supreme Court upheld the disclosure and definitional framework in McConnell v. FEC (2003), but later narrowed the funding restrictions. In FEC v. Wisconsin Right to Life (2007), the Court held that genuine issue ads could not be banned. In Citizens United v. FEC (2010), the Court struck down the prohibition on corporate and union funding of electioneering communications entirely, though disclosure and disclaimer requirements remain in force.

Today, sponsors must file FEC reports identifying spending above a statutory threshold and naming certain donors, and ads must carry a "stand by your ad" disclaimer. The concept is distinct from independent expenditures, which expressly advocate election or defeat of a candidate and are regulated under separate rules.