Virginia Regulatory Town Hall

Preliminary Draft Text


Definition of Express Advocacy
Stage: NOIRA

1VAC20-90-10. Definitions.  [ (Reserved) ]

  [ The following words and terms when used in this chapter shall have the following meanings:

"Express advocacy" means any communication that uses phrases such as ‘vote for,' ‘elect,' ‘support,' ‘cast your ballot for,' ‘Smith for Congress,' ‘vote against,' ‘defeat,' ‘reject'" or any variations thereof, or any communication when taken as a whole and with limited reference to external events, such as the proximity to the election, could only be interpreted by a reasonable person as containing advocacy of the election or defeat of one or more clearly identified candidate(s) because

1.    The electoral portion of the communication is unmistakable, unambiguous, and suggestive of only one meaning; and

2.    Reasonable minds could not differ as to whether it encourages actions to elect or defeat one or more clearly identified candidate(s) ]