Political

The Southern California Broadcasters Association

New Special Election called for AD54


AD 79 : PRIMARY – APRIL 6TH, (IF NECESSARY: GENERAL – JUNE 8TH)

Assemblywoman Shirley Weber vacated this seat after being appointed by Governor Newsom as California’s Secretary of State. AD 79 encompasses southeastern San Diego and its closest eastern suburbs. This ethnically and socio-economically diverse district is a mix of urban and suburban areas. Contacts for the certified list of candidates can be found here:
https://elections.cdn.sos.ca.gov/special-elections/2021-ad79/primary-contact-list.pdf

AD 54 : PRIMARY – MAY 18TH, (IF NECESSARY: GENERAL – JULY 20TH)

Assemblywoman Sydney Kamlager moved to the Senate with her win in the SD30 Special Election, prompting another Special Election to fill this seat. The district covers areas of Santa Monica and Culver City. The 60 day LUR window opens March 19th. The election calendar for this special can be found here:
https://elections.cdn.sos.ca.gov/special-elections/2021-ad54/primary-calendar.pdf

NEXT:

Today the Senate confirmed California Attorney General Xavier Becerra as Secretary of Health and Human Services. That provides Governor Newsom the opportunity to appoint his replacement. Several of the names being considered are current office holders in the California Legislature and Congress. Their appointment would trigger another Special Election to be announced soon.

RECALL REMINDER:

With the closing of the window for proponents of the recall to gather signatures, the next phase is verification of those signatures by all 58 counties. As you look toward the third and fourth quarters, keep in mind that there is technically NOT a recall election “scheduled” until the Secretary of State certifies the signatures, and the Lt. Governor announces the date for the election. That certification and announcement will most likely happen in early September.
Until that time, those advertising for and against the recall are doing so as issue advocates not candidates. Lowest Unit Rate and the Political Window will not open until 60 days from the actual election date once it is announced.

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Watch Recording

  • The window to make an impact in 2020 is limited. Local media options are finite- use a mix to reach all the voters possible.
  • Reassessing existing budget can generate significant voter reach lift and increase the number of times and ways voters get your message.
  • Optimize budgets to improve reach, impressions, frequency and cost efficiency.
  • Where is the next dollar best spent? it may not be where you thought.

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  • The window to make an impact in 2020 is limited. Local media options are finite - use a mix to reach all the voters possible.
  • Adding radio will amplify your message to reach more people across time, place and day that Television alone cannot.
  • Optimize budgets to improve reach, impressions, frequency, and cost efficiency.
  • Run discrete targets (independents, Hispanics, etc.) to evaluate and optimize.

National Association of Broadcasters

These political advertisement agreement forms have been designed to serve as actual contracts for the sale of political broadcast time and to satisfy FCC record retention requirements.

Produced by NAB's Legal Department and Published by the NAB Publications Department.

 

Special Elections 2021

CBA

Special Election set:

Primary - March 2nd
General – May 4th

SD 30

A special election has been called for March 2 to fill the seat that became vacant after Senator Holly Mitchell was elected to the Los Angeles County Board of Supervisors. SD 30 encompasses most of Downtown and South Los Angeles, as well as neighboring communities of Inglewood and the Westside.

For more information: https://www.sos.ca.gov/elections/upcoming-elections/2021-sd30

Additional Special Elections Not Yet Announced

San Diego & Riverside/San Bernardino Political Information

City of San Diego logo

Information on current and upcoming elections is available on the City of San Diego website.

Visit The City of San Diego for a complete list of all upcoming elections.

Additional information on upcoming elections can be found on County of San Diego, Registrar of Voters and Additional Special Elections Not Yet Announced


Information on Current & Upcoming Elections - RIVERSIDE/SAN BERNARDINO

Political Broadcast Rules, Resources and Manuals Quick Review of Key Points about Political Ad Rules

Presidential Primary Election - March 3, 2020
General Election - November 3, 2020

The political window for any primary is 45 days. For any election that can result in a final outcome, the window is 60 days. That means that a special election that is included on a primary ballot (e.g., replacing a state assembly person) that can result in the final election of a candidate will have a 60 day window even though all other offices on that primary ballot will have only a 45 day window.

A candidate's voice must be included in a commercial in order for it to qualify for the Lowest Unit Rate (LUR). No exceptions.

The candidate does not have to pay for the spot, but if they authorize the spot and they knowingly contribute their voice to the spot, it qualifies for the LUR (e.g., they can't just be quoted from a speech, they must contribute their own voice).

All legally qualified candidates for office, regardless of the office, qualify for the LUR. They can be running for a city office, a county office, a state office or a Federal office, as long as they have announced their intention to run, are qualified by law to run and to appear on the ballot or as a write-in candidate.

The LUR is determined by the lowest rates on advertiser contracts in effect on the station the week before and the week following a candidate's schedule.

You may have what you "term" 'no charge spots' on a contract within the window as long as there is written documentation in your files (not your public files) that allocates a portion of the total cost of a contract to each spot. E.g., you may average spot costs. You may deduct costs from the rate on one spot to be allocated to a no charge spot. But whatever is the lowest rate, either printed on or documented elsewhere for a contract, is the effective LUR.

You must accept advertising from any candidate for FEDERAL office. You are not required to accept advertising for any other offices. However, once you accept one candidate for a given office, you must accept timely made demands for equal opportunities from all other candidates for that office, but you do not have to notify all other candidates, or offer time beyond the 7 day demand period.

You may restrict the number of spots that any, except a Federal, candidate is allowed on your station.

No matter what length of spot or number of spots a Federal candidate requests, you must consider the request. If the request is unreasonable, you may negotiate with the candidate and the candidate must negotiate with the station. If you cannot reach a mutual accommodation, you may seek an interpretation of your obligations from the FCC Mass Media Bureau Policy Division Assistant Chief for Political Broadcasting, Robert (Bobby) Baker. Bobby Baker has frequently settled such disputes through mediation.

Anytime a candidate makes a non-exempt appearance on your air, any other candidate for that office may make a timely request and must then be given equal opportunities to your airwaves. An exempt appearance is if they are part of a bona fide news story (e.g., Candidate A gets arrested for drunk driving, or Candidate B speaks at an event that is a recognized part of their job and is newsworthy). In other words, a story run based on a decision regarding its newsworthiness and not to advance the exposure of a particular candidate. If one of your air talent decides to run for office, their opponents can request equal opportunities to your airwaves in response to each appearance your talent on the air.

A candidate has 7 days to request equal opportunities after a spot for his opponent has aired. So, if candidate A has run a schedule for 5 weeks, candidate B can only request equal opportunity to match the previous 7 days of advertising. It cannot be claimed in advance. However, if the station knows that the 5 weeks are going to air, it often makes sense to go ahead and work out the schedule of the opposing candidate.

These notes have been read and approved by Gregg P. Skall, the Washington DC based FCC attorney (pro bono, thank you Gregg) for the CBA and us. However, they do not constitute and may not be considered as the provision of legal advice to any particular station or licensee. You should always confer with a lawyer of your choosing for the provision of specific legal advice applicable to your station and situation.  

If you have any questions, please ask before acting.