Rule 13-01 Definitions.
Except as otherwise provided, the definitions set forth in Rule 1-02 apply in this chapter. In addition, the following terms shall have the following meanings:
"Ballot proposal" means a municipal ballot proposal, initiative, measure, or referendum. Activities associated with ballot proposals initiated by petition include the circulation of petitions to place the proposal on the ballot. Activities associated with ballot proposals not initiated by petition include those conducted after the measure or language is filed with the City Clerk.
"Clearly identified" means: (1) the name of the candidate or ballot proposal appears; (2) a photograph or drawing of the candidate appears; or (3) the identity of the candidate or ballot proposal is otherwise apparent by unambiguous reference.
"Covered expenditure" means an expenditure directly related to the design, production, or distribution of a covered communication. An expenditure made during the ordinary conduct of business in connection with covering or carrying a news story, commentary, or editorial by any broadcasting station (including a cable television operator, programmer, or producer), website, newspaper, magazine, or other periodical publication, including any Internet or electronic publication, is not a covered expenditure.
"Electioneering communication" means a communication that: (1) is disseminated by means of a radio, television, cable, or satellite broadcast, a paid advertisement such as in a periodical or on a billboard, or a mass mailing; (2) is disseminated within 30 days of a covered primary or special election, or within 60 days of a covered general election; and (3) refers to one or more clearly identified ballot proposals and/or candidates for a covered election. Electioneering communication shall not include a candidate-related communication made by an organization operating and remaining in good standing under Section 501(c)(3) of the Internal Revenue Code of 1986.
"Express advocacy communication" means a communication that contains a phrase including, but not limited to, "vote for," "re-elect," "support," "cast your ballot for," "Candidate for elected office," "vote against," "defeat," "reject," or "sign the petition for," or a campaign slogan or words that in context and with limited reference to external events, such as the proximity to the election, can have no reasonable meaning other than to advocate the election, passage, or defeat of one or more clearly identified ballot proposals and/or candidates in a covered election, and is disseminated by means of: (1) radio, television, cable, or satellite broadcast; (2) telephone communication; (3) mass mailing; (4) other printed material; or (5) any other form of paid electoral advertising. Paid electoral advertising shall not include communications over the Internet, except for: (1) communications placed for a fee on another individual or entity's website; or (2) websites formed primarily for, or whose primary purpose is, the election, passage, or defeat of a candidate in a covered election or of a ballot proposal.
"Fair market value" means: (1) for goods, the price of those goods at the time received in the market in which they ordinarily would have been purchased; and (2) for services, other than those provided by an unpaid volunteer, the hourly or piecework charge for the services at a commercially reasonable rate prevailing at the time the services were rendered.
"Independent expenditure" means an independent expenditure as defined in Charter § 1052(a)(15)(a)(i). *
* Pursuant to Local Law No. 15 of 2013, this definition was amended to exclude any communication by a labor or other membership organization aimed at its members, or by a corporation aimed at its stockholders. Expenditures related to such communications, if made on or after March 13, 2013, are not subject to the requirements contained in this chapter.
"Member" means: (1) any individual who, pursuant to a specific provision of an organization's articles or bylaws, has the right to vote directly or indirectly for the election of a director or directors or an officer or officers or on a disposition of all or substantially all of the assets of the organization or on a merger or on a dissolution; or (2) any individual who is designated in the articles or bylaws as a member and, pursuant to a specific provision of an organization's articles or bylaws, has the right to vote on changes to the articles or bylaws, or pays or has paid membership dues in an amount predetermined by the organization so long as the organization is tax exempt under Section 501(c) of the Internal Revenue Code of 1986. Members of a local union are considered to be members of any national or international union of which the local union is a part and of any federation with which the local, national, or international union is affiliated.