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      FEC Record: Outreach
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      FEC rules governing public debates (2010)

FEC Record: OutreachFEC rules governing public debates (2010)October 4, 2010 FEC regulations provide an exemption that allows certain nonprofitorganizations and the news media tostage debates, without being deemedto have made prohibited corporatecontributions to the candidates takingpart in debates. This exceptionis consistent with the traditional rolethese organizations have played inthe political process. This article describesthe guidelines for nonprofitsand news media-sponsored debates. Other entities, such as individuals or unincorporated organizations, may sponsor debates; however, their costs are not exempted under FEC regulations and thus are considered contributions and/or expenditures. See the FEC’s explanation and justification for 11 CFR 110.13 at 60 Fed. Reg.64261 (December 14, 1995).  Who may sponsor debates under the FEC’s exemption? Candidate debates may be paid for by: A broadcaster, a bona fidenewspaper or a magazine or other periodical publication, so long as they are neither owned nor controlled by a political party, political committee or candidate; orA nonprofit organization described in section 501(c)(3) or 501(c)(4) of the Internal Revenue Code (Title 26, U.S. Code) that does not endorse, support or oppose any candidate or party. 110.13(a) and 114.4(f)(1)-(2).  Corporate/labor donations permitted A corporation or labor organization may donate funds to a nonprofitorganization described in section501(c)(3) or 501(c)(4) of the InternalRevenue Code (Title 26, U.S. Code)that does not endorse, support oroppose any candidate or party to defraythe cost of staging a candidatedebate. 114.4(f)(1) and (3). Debate structure The debates must be structured such that they do not promote oradvance one candidate over another,and they must include at least twocandidates. 110.13(b). Candidate selection The organization staging the debate must select the candidates basedon pre-established objective criteria. [FN1]For primary elections, the organizationmay restrict candidates to thoseseeking the nomination of one party.For general elections, the stagingorganization may not use nominationby a particular party as the soleobjective criterion. 110.13(c).  1 In its explanation and justification forthese regulations, the FEC stated thatthe choice of which objective criteria touse is largely left to the discretion of thestaging organization and advised suchorganizations to reduce their objective criteria to writing and to make the criteria available to all candidates before the debate. See 60 Fed. Reg. 64262 (December 14, 1995).
 Author
          Dorothy  YeagerEnterprise Resource Analyst


Read next: Disclosing independent expenditures on FEC Form 5
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This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


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