FREQUENTLY ASKED QUESTIONS: POLITICAL ADVERTISING
1. What is “Political Advertising”?
2. When can I begin advertising?
3. What is a disclosure statement and when it is required?
4. What must a disclosure statement contain?
5. Where does the disclosure statement have to appear?
6. How big does the disclosure statement need to be?
7. Do I need a disclosure statement on a text?
8. When am I required to have the word “for” on my sign?
9. When is the disclosure statement not required?
10. If I am running for re-election, can I use the term “re-elect”?
11. Can I use the state seal in my political advertising?
14. What are the requirements of a “Highway Right-of-Way Notice”?
1. What is “Political Advertising”?
“Political advertising” means a communication supporting or opposing a candidate, a political party, a public officer, or a measure that, in return for payment, is published or broadcast by radio or television, or appears in a pamphlet, circular, flier, billboard or other sign, bumper sticker, or similar form of written communication or on an Internet website, including a social media website. Political advertising that contains express advocacy is required to include a disclosure statement. The person who causes the political advertising to be published, distributed, or broadcast is responsible for including the disclosure statement.
The law does not define the term “express advocacy.” However, the law does provide that political advertising is deemed to contain express advocacy if it is authorized by a candidate, an agent of a candidate, or a political committee filing campaign finance reports. Tex. Elec. Code §§ 251.001(16), 255.001(b).
2. When can I begin advertising?
Candidates may begin advertising once they have a campaign treasurer appointment (Form CTA) on file with their filing authority. The laws under the TEC’s jurisdiction do not address when and where candidates may place signs. Questions about the timeline for placing signs must be directed to the Texas Department of Transportation.
3. What is a disclosure statement and when it is required?
A political advertising disclosure statement (also referred to as a “disclaimer”) must:
(1) appear on one line of text or on successive lines of text on the face of the political advertising; or
(2) be clearly spoken in the political advertising if the political advertising does not include written text. 1 Tex. Admin. Code § 26.1(a).
4. What must a disclosure statement contain?
The disclosure statement must contain the words “Political Advertising” or any recognizable abbreviation such as “Pol. Adv.” and the full name of:
(1) the person who paid for the political advertising;
(2) the political committee authorizing the political advertising; or
(3) the candidate or specific-purpose committee supporting the candidate, if the political advertising is authorized by the candidate. Tex. Elec. Code § 255.001(a)
5. Where does the disclosure statement have to appear?
It must be on the face (front) of the political advertising. If your sign is double sided, it must be on BOTH sides.
6. How big does the disclosure statement need to be?
There are no size requirements for the disclosure statement.
7. Do I need a disclosure statement on a text?
It depends. The term “political advertising” does not include an individual communication made by e-mail or text message but does include mass e-mails and text messages involving an expenditure of funds beyond the basic cost of hardware messaging software and bandwidth. 1 Tex. Admin. Code § 20.1(11)(B).
8. When am I required to have the word “for” on my sign?
Texas law prohibits a candidate from misrepresenting that they hold a public office that they do not hold at the time the representation is made. If you are not the incumbent – meaning you do not currently hold the office you are seeking – and your sign includes the office you are running for, the word “for” must immediately precede the office you are seeking and must be at least half the size of the office you are running for. Tex. Elec. Code § 255.006(c)(2).
9. When is the disclosure statement not required?
A disclosure statement is not required on:
(1) tickets or invitations to political fund-raising events;
(2) campaign buttons, pins, or hats, or on objects whose size makes printing the disclosure impractical, such as t-shirts, balloons, buttons, emery boards, hats, lapel stickers, small magnets, pencils, pens, pins, wooden nickels, and candy wrappers;
(3) circulars or flyers that cost in the aggregate less than $500 to publish and distribute;
(4) an envelope that is used to transmit political advertising, provided that the political advertising in the envelope includes the disclosure statement;
(5) letterhead stationery if the letterhead contains the full name of one of the following:
- (a) the person who paid for the political advertising;
- (b) the political committee authorizing the political advertising; or
- (c) the candidate authorizing the political advertising.
(6) postings or re-postings on an Internet website if the person posting or re-posting is not an officeholder, candidate, or political committee and did not make an expenditure exceeding $100 in a reporting period for political advertising beyond the basic cost of hardware messaging software and bandwidth;
(7) an Internet social media profile webpage of a candidate or officeholder, if the webpage clearly and conspicuously displays the full name of the candidate or officeholder; and
(8) postings or re-postings on an Internet website if the advertising is posted with a link to a publicly viewable Internet webpage that either contains the disclosure statement or is an Internet social media profile webpage of a candidate or officeholder that clearly and conspicuously displays the candidate’s or officeholder’s full name.
10. If I am running for re-election, can I use the term “re-elect”?
You may use the term “re-elect” if you currently hold the office that you are seeking, or if a new or renumbered district for which you are a candidate contains any part of a district where you currently hold office. If you held the office in the past but do not currently hold it, you may not use the word “re-elect”. 1 Tex. Admin. Code § 26.7.
11. Can I use the state seal in my political advertising?
Only current officeholders may use the state seal in political advertising. Tex. Elec. Code § 255.006(d).
12. If I am part of a coordinated campaign with other candidates, what should the disclosure statement say?
A disclosure statement should have the full name of every candidate that either paid for or authorized any part of the advertising.
13. Can an officer or an employee of a political subdivision spend public funds to send political advertising?
No. Tex. Elec. Code § 255.003 prohibits an officer or employee of a political subdivision from knowingly spending or authorizing the spending of public funds for political advertising. If you are not sure whether something your filing authority wants to use would be considered political advertising, you may request an advisory opinion from the TEC; remember that the TEC typically meets once per calendar quarter.
14. What are the requirements of a “Highway Right-of-Way Notice”?
If a political advertising sign is designed to be seen from a road – including yard signs and billboards – it must contain the following statement, verbatim:
“NOTICE: IT IS A VIOLATION OF STATE LAW (CHAPTERS 392 AND 393, TRANSPORTATION CODE), TO PLACE THIS SIGN IN THE RIGHT-OF-WAY OF A HIGHWAY.”
The highway right-of-way notice may appear on the front or the back of a sign. It is not required on a bumper sticker. There are no size requirements for the highway right-of-way notice. Tex. Elec. Code § 259.001.