Campaigns & Elections' Political Broadcast Manual - March 2008 - (Page 14)

The candidate must make a substantial showing that he or she is a bona fide candidate. This requirement can be satisfied in either of two ways. Any candidate who has qualified for a place on the ballot is considered bona fide. A write-in candidate may be considered bona fide by being otherwise qualified to hold the office sought and by making a substantial showing of genuine candidacy through engaging in activities commonly associated with political campaigning, such as making speeches, distributing literature, organizing a campaign committee and fund raising. The question of what constitutes an adequate showing of bona fide activity is a matter of local law, the prudent course for an uncertain broadcaster would be to obtain an opinion from the Attorney General or other state official who has authority to decide a candidate’s legal qualifications. Unless subsequently overturned by a court, the state official’s ruling will be followed by the FCC and can be relied upon by a station. A “fringe” candidate who has met the three-part test must be considered a legally qualified candidate even if he or she has no significant chance of winning and is doing little or no campaigning. 2. Exceptions There are two overall exceptions to the above rules: • Candidates for President and Vice President (or their delegates) must either qualify or make a substantial showing of bona fide candidacy separately in each state in which broadcast rights are sought. However, when a Presidential or Vice Presidential candidate has qualified in at least 10 states (including D.C.) then he or she will be deemed qualified in all states. Note that this provision applies separately to candidacy for nomination and to candidacy for election. That is, a candidate for nomination to either office must qualify for the primary or Presidential preference ballot, and then the same candidate for election to that office must qualify separately for the general election ballot itself. • Other candidates for nomination by convention or caucus will not be considered legally qualified until 90 days before the convention or caucus is to begin, even after meeting the three-part test above. III. Reasonable Access Once a federal candidate demonstrates his or her legal qualification, he or she must be given reasonable access to a broadcast facility. This consideration does not apply to exempt news and public affairs programming, as discussed at Section V. 1. Federal Candidates The Communications Act states clearly that http://www.labelsandlists.com

Table of Contents Feed for the Digital Edition of Campaigns & Elections' Political Broadcast Manual - March 2008

Campaigns & Elections' Political Broadcast Manual - March 2008 Contents Introduction – The Scope of the Political Broadcasting Rules “Legally Qualified” Candidates Reasonable Access “Uses” of Broadcast Facilities Exempt Programs Requests for Equal Opportunities Equal Opportunities Lowest Unit Charges The Disclosure Censorship of Uses Sponsorship Identification Political File Contents Access to the Political File The Fairness Doctrine Political Editorials Personal Attacks Issue Advertising News Distortion Conclusion

Campaigns & Elections' Political Broadcast Manual - March 2008

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