Section R2-20-112. Political Party Exceptions

A.      Pursuant to A.R.S. §§ 16-901(5)(b)(v) and (8)(c), payment by a political party of the costs of preparation, printing, display, mailing or other distribution for slate cards, sample ballots, other written materials or listings of candidates that substan- tially promote three or more candidates for any public office for which an election is held, and other election activities not related to a specific candidate, shall not be considered a contri- bution or an expenditure for purposes of the Act or Commis- sion rules. This exception is subject to the following limitations:

1.        “Slate card” is defined as a list that contains only:

a.         The names, party affiliations and offices sought by the candidates;

b.        Photographs of the candidates; and

c.         General information regarding the date of the pri- mary or general election; and

d.        The location of the recipient’s polling place.

2.        “Sample ballot” is defined as a facsimile of a ballot list- ing only the names, party affiliations and offices sought by the candidates, appearing substantially as they would on an actual ballot.

3.        “Other written materials or listings of candidates that sub- stantially promote three or more candidates” are defined as materials that contain one or more of the elements of a slate card, in addition to statements and/or images describing the platform of the sponsoring party and the position of the party’s candidates, and does not feature, mention or depict opposing candidate or candidates of another party.

4.        “Other election activities not related to a specific candi- date” include invitations to party-sponsored events, issue canvassing, and voter-registration efforts.

5.        “Billboards” are defined as outdoor signs that are larger than 32 square feet in size.

6.        The exception set forth in subsection (A) shall not apply to materials defined in subsections (A)(1) through (3) when distributed or displayed prior to the general election period unless each candidate featured is unopposed in the primary election.

7.        The exception set forth in this subsection shall not apply to costs incurred with respect to a display of the listing of

candidates made on telecommunications systems, bill- boards, or in newspapers, magazines or similar types of general circulation advertising.

B.       This Section is intended to establish, for purposes of the Act and Commission rules, circumstances under which the pay- ment by a political party of certain costs described herein shall be excluded from the definition of contribution pursuant to

A.R.S. § 16-901(5)(b)(v) or from the definition of expendi- tures pursuant to A.R.S. § 16-901(8)(c), as applicable. Nothing in this Section shall be construed to prohibit a political party from making any expenditure or contribution not otherwise prohibited by Arizona law.

C.      The Commission shall treat as an expenditure of de minimis value the payment by a political party of the costs of:

1.        Preparation and display on the political party’s web site of a slate card, sample ballot or other printed listing of three or more candidates for any public office for which an election is held; or

2.        Preparation and distribution via e-mail, to recipients who have subscribed to receive e-mail from the political party and whose e-mail addresses are not rented, purchased or otherwise obtained from a third-party source, of a slate card, sample ballot or other printed listing of three or more candidates for any public office for which an elec- tion is held.

D.      A political party that pays the costs of preparation, display and/or distribution of a slate card, sample ballot or other printed listing of three or more candidates, as described in sub- section (C), and which is otherwise required to file a campaign finance report in accordance with A.R.S. § 16-913, shall dis- close such payment as an expenditure with a value of zero dol- lars.

Historical Note

New Section adopted by exempt rulemaking at 6 A.A.R. 1567, effective June 21, 2000 (Supp. 00-2). Section repealed; new Section made by exempt rulemaking at 8

A.A.R. 588, effective October 17, 2001 (Supp. 02-1). Section repealed by exempt rulemaking at 11 A.A.R.

4518, effective May 28, 2005 (Supp. 05-4). New Section made by exempt rulemaking at 13 A.A.R. 3597, effective January 1, 2008 (Supp. 07-4). Amended by exempt

rulemaking at 15 A.A.R. 1423, effective October 22,

2009 (Supp. 09-3).