Supervisor of Elections Brevard County, Florida

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Political Advertisements

Last updated 1/9/08

NOTE: The following is a summary of state laws regarding political advertisements. All candidates and political organizations should refer to

POLITICAL ADVERTISEMENT DEFINITION -- Political advertisement is a paid expression in any communications media, whether radio, television, newspaper, magazine, periodical, campaign literature, direct mail, display or by means other than the spoken word in direct conversation, which expressly advocates the election or defeat of a candidate or the approval or rejection of an issue, excluding a statement by an organization in existence prior to the time during which a candidate qualifies or an issue is placed on the ballot for that election, in support of or opposition to a candidate or issue, in that organization's newsletter which is distributed only to the members of that organization, or editorial endorsement by a newspaper, radio or television station, or other recognized news medium. (s. 106.011(17), F.S.)

DISCLAIMER -- Any political advertisement that is paid for by a candidate and that is published, displayed, or circulated prior to, or on the day of, an election must prominently state: "Political advertisement paid for and approved by (name of candidate), (party affiliation), for (office sought)". Any other political advertisement or campaign literature published, displayed, or circulated prior to, or on the day of, any election must prominently be marked "paid political advertisement" or the abbreviation, "pd. pol. adv." and must state the name and address of the persons sponsoring the advertisement. Advertisements for multiple candidates must be marked "paid political advertisement" or with the abbreviation "pd. pol. adv." and must prominently state, "Paid for and sponsored by (name of person paying to political advertisement). Approved by (names of persons, party affiliation and offices sought in poltical advertisement)." (In the case of "personal pamphleteering" by "individuals acting independently and using their own modest resources" per Florida Supreme Court in Doe v. Mortham, March 19, 1998, the identity of the persons sponsoring the advertisement need not be disclosed.) If the ad is provided in-kind by a person or group, the ad should state "provided for in-kind by ________." A statement of approval by the candidate must also be included. This does not apply to campaign messages used by a candidate and his supporters which are designed to be worn by a person. (s. 106.143(1), F.S.)

DISCLAIMER (Fund Raiser) -- Any ticket or advertising for a campaign fund raiser shall contain the following statement: "The purchase of a ticket for, or a contribution to, the campaign fund raiser is a contribution to the campaign of (name of candidate for whose benefit the campaign fund raiser is held); Paid political advertisement approved by (name of candidate); Paid for by campaign account of (name of candidate, office sought, and party [if applicable])" (s. 106.025(1)(c), F.S.)

POLITICAL PARTY REQUIRED -- A political advertisement of a candidate running for partisan office in any election must express the name of the political party of which the candidate is seeking nomination or is the nominee. If the candidate for partisan office is running as an independent candidate, any political advertisement must state that he is an independent candidate. (s. 106.143(2), F.S.)

PAYMENT OF POLITICAL ADVERTISEMENT -- A candidate or political committee may begin to make expenditures for political advertisements after appointing a campaign treasurer and designating a campaign depository. All campaign expenses must be paid directly to the person performing the service. Such payments must be by means of a bank check drawn upon the campaign account. (s. 106.11(1), F.S.)

Example: The cost of printing an advertisement created by an advertising agency must be paid directly to the printer from the campaign account; the cost of creating the ad must be paid in like manner to the advertising agency.

CHARGE LIMITATIONS -- No newspaper or other periodical publisher, radio or television station operator in Florida may charge one candidate at a rate in excess of that charged another candidate. (s. 106.16, F.S.)

CLOSED CAPTIONING -- Each candidate, political party and political committee must use closed captioning and descriptive narrative in all television broadcasts regulated by the Federal Communication Commission that are on behalf of, or sponsored by a candidate, political party or political committee or must file a written statement with the qualifying officer prior to the airing of the ad setting forth the reason for not doing so. Failure to file this statement with the appropriate qualifying officer constitutes a violation of the Florida Election Code and is under the jurisdiction of the Florida Elections Commission. (s. 106.165, F.S.)

INDEPENDENT EXPENDITURE -- Any political advertisement paid for by an independent expenditure (an expenditure not controlled by, coordinated with, or made upon consultation with a candidate, political committee, or agent of such candidate or committee) must prominently state "Paid political advertisement paid for by (name and address of person paying for advertisement)". (s. 106.071(1), F.S.)

POLITICAL POLL/SURVEY -- Any candidate, political committee, political party, committee of continuous existence or electioneering communication organization may authorize or conduct a political poll, survey, index, or measurement of any kind so long as the candidate, political committee, political party committee of continuous existence or electioneering communication organization maintains complete jurisdiction over the poll in all its aspects. (s. 106.17, F.S.)

WRITTEN APPROVAL PRIOR TO ENDORSEMENT -- It is unlawful for any candidate or person on behalf of a candidate to represent that any person or organization supports the candidate, unless the person or organization has given approval in writing to make the representation. This does not apply to editorial endorsement by any recognized news media or to party committee publications advocating the candidacy of its nominees. (s. 106.143(3), F.S.) Example: John Doe cannot place an ad in the newspaper stating that Mary Smith supports Bob Brown without first getting written permission from Mary Smith.

REMOVAL OF POLITICAL CAMPAIGN ADVERTISEMENTS -- Each candidate, whether federal, state, county, or district must make a good faith effort to remove all political campaign advertisement within 30 days after: (a) withdrawal of his candidacy; (b) having been eliminated as a candidate; or (c) being elected to office. However, a candidate is not expected to remove those political campaign advertisements which are in the form of signs used by an outdoor advertising business as provided in chapter 479, F.S. This section does not apply to political campaign advertisements placed on motor vehicles or to campaign messages designed to be worn by persons.

If such advertisements are not removed within the specified period, the political subdivision or governmental entity has the authority to remove the advertisement and may charge the candidate the actual cost for such removal.

Pursuant to chapter 479, F.S., no political campaign advertisements shall be erected, posted, painted, tacked, nailed, or otherwise displayed, placed, or located on or above any state or county road right-of-way.

This section does not preclude municipalities from imposing additional or more stringent requirements on the usage and removal of political campaign advertisements. (s. 106.1435, F.S.)

INCUMBENTS -- No advertisement of a candidate who is not an incumbent of the office for which he is running shall use the word "re-elect". Such advertisement must include the word "for" between the candidate's name and the office for which he is running so as not to imply incumbency. This does not apply to bumper stickers, items to be worn by a person, or novelty items having a retail value of $10 or less which support but do not oppose a candidate or issue. (s. 106.143(5) F.S.)

MISCELLANEOUS ADVERTISEMENTS -- Any advertisement, other than a political advertisement, independent expenditure or electioneering communication, on billboards, bumper stickers, radio, or television or in a newspaper, a magazine, or a periodical, intended to influence public policy or the vote of a public official, shall clearly designate the sponsor of such advertisement by a clearly readable statement of sponsorship. If the advertisement is broadcast on television, the advertisement shall also contain a verbal statement of sponsorship. This section shall not apply to an editorial endorsement. (s. 106.1437 F.S.)

STATEMENT OF AUTHORIZATION -- Any political advertisement, including those paid for by a political party, must be approved in advance by the candidate. The political advertisement must expressly state that the content of the advertisement was approved by the candidate and must state who paid for the advertisement. The candidate shall provide a written statement of authorization to the newspaper, radio station, television station or other medium for each such advertisement submitted for publication, display, broadcast or other distribution. (s. 106.143(4)(a) F.S.)

Example: "Paid political advertisement paid for and approved by John Doe, Republican, for School Board, District 3"

ELECTIONEERING COMMUNICATION --Electioneering communication means a paid expression in any communications media by means other than the spoken word in direct conversation that:

1. Refers to or depicts a clearly identified candidate for office or contains a clear reference indicating that an issue is to be voted on at an election, without expressly advocating the election or defeat of a candidate or the passage or defeat of an issue.
   
2. For communications referring to or depicting a clearly identified candidate for office, is targeted to the relevant electorate. A communication is considered targeted if 1,000 or more persons in the geographic area the candidate would represent if elected will receive the communication.
   
3. For communications referring to or depicting a clearly identified candidate for office, is published after the end of the candidate qualifying period for the office sought by the candidate.
   
4. For communications containing a clear reference indicating that an issue is to be voted on at an election, is published after the issue is designated a ballot position or 120 days before the date of the election on the issue, whichever occurs first.

1. A statement or depiction by an organization, in existence prior to the time during which a candidate named or depicted qualifies or an issue identified is placed on the ballot for that election, made in that organization’s newsletter, which newsletter is distributed only to members of that organization.
   
2. An editorial endorsement, news story, commentary, or editorial by any newspaper, radio, television station, or other recognized news medium.
   
3. A communication that constitutes a public debate or forum that includes at least two opposing candidates for an office or one advocate and one opponent of an issue, or that solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum, provided that:
   1. The staging organization is either:
      1. A charitable organization that does not make other electioneering communications and does not otherwise support or oppose any political candidate or political party; or
         
      2. A newspaper, radio station, television station, or other recognized news medium; and
   2. The staging organization does not structure the debate to promote or advance one candidate or issue position over another.