11 C.F.R. § 100.26

Public communication (52 U.S.C. 30101(22))

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Public communication means a communication by means of any broadcast, cable, or satellite communication, newspaper, magazine, outdoor advertising facility, mass mailing, or telephone bank to the general public, or any other form of general public political advertising. The term general public political advertising shall not include communications over the internet, except for communications placed or promoted for a fee on another person's website, digital device, application, or advertising platform. A public communication is promoted for a fee where a payment is made to a website, digital device, application, or advertising platform in order to increase the circulation, prominence, or availability of the communication on that website, digital device, application, or advertising platform.

[71 FR 18612, Apr. 12, 2006, as amended at 87 FR 77478, Dec. 19, 2022; 89 FR 214, Jan. 2, 2024]

Notes of Decisions

Cited in 4 cases, 2003–2010 · leading case: Shays v. Fed. Election Comm'n, 337 F. Supp. 2d 28 (D.D.C. 2004).

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Shays v. Fed. Election Comm'n, 337 F. Supp. 2d 28 (D.D.C. 2004). · cites it 6× “(4) A communication that is a public communication, as defined in 11 CFR 100.26, and about which each of the following statements in paragraphs (e)(4)(i), (ii), and (iii) of this section are true.”

McConnell v. Fed. Election Comm'n, 251 F. Supp. 2d 176 (D.D.C. 2003). · cites it 2× “431(22); 11 C.F.R. § 100.26 , that promotes or attacks a clearly identified federal candidate, see BCRA § 101; FECA § 301(20)(A)(iii); 2 U.”

Rutt v. Poudre Educ. Ass'n, 151 P.3d 585 (Colo. Ct. App. 2006). “11 C.F.R. § 100.26 (2006). Under the federal regulations, whether a communication is coordinated with a political candidate depends on the content of the communication and the conduct of the political campaign.”

Fed. Election Comm'n v. Novacek, 739 F. Supp. 2d 957 (N.D. Tex. 2010). “§§ 431 (22), (24); 11 C.F.R. § 100.26 ; see also 100.28 (defining “telephone bank” as more than 500 telephone calls of an identical or substantially similar nature within any 30-day period).”

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