(a) Election communications and solicitations: 52
U.S.C. § 30120
Section 30120 provides that whenever a person or political
committee makes certain types of election-related disbursements, an
expenditure for the purpose of financing a public communication
advocating the election or defeat of a clearly identified federal
candidate, or a solicitation for the purpose of influencing the election of
a federal candidate, the communication must contain an attribution
clause identifying the candidate, committee, or person who authorized
and/or paid for the communication. The content of the attribution, as
well as its size and location in the advertisement, are described in the
statute.
This statute has potential application to unattributed false,
inflammatory, or scurrilous campaign literature that calls for the
election or defeat of a federal candidate.
(b) Fraudulent misrepresentation: 52 U.S.C.
§ 30124
Section 30124 prohibits fraudulently representing one’s
authority to speak for a federal candidate or political party. The
provision contains two specific prohibitions:
• Section 30124(a) forbids a federal candidate or an agent of
a federal candidate from misrepresenting his or her
authority to speak, write, or otherwise act for any other
federal candidate or political party in a matter which is
damaging to that other candidate or political party. For
example, Section 30124(a) would prohibit an agent of
federal candidate A from issuing a statement that was
purportedly written by federal candidate B, and which
concerned a matter which was damaging to candidate B.
• Section 30124(b) forbids any person from fraudulently
representing his or her authority to solicit contributions
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