R 168.370 Printed material or online advertising or other campaign media; identification or disclaimer; exemption.

Rule 20. (1) Printed material having reference to an election, a candidate, or a ballot question must bear the identification or disclaimer, or both, provided in section 47 of the act, MCL 169.247, in a place and in a print clearly visible to and readable by an observer, as provided in subrule (2) of this rule. Printed material includes online advertising if the material is produced or promoted for a fee on a website or digital device, application, service, or platform. Other mediums used for campaign purposes, including campaign text messages, must clearly and unequivocally include the identification or disclaimer, or both, provided in section 47 of the act, MCL 169.247. (2) The identification required by section 47 of the act, MCL 169.247, for printed material must include the words "Paid for by," followed by the full name of the person or committee paying for the printed material and either of the following: (a) The person’s or committee’s full mailing address. (b) The person’s or committee’s full web address if the full mailing address of the person or committee paying for the printed material appears on the homepage of the web address provided. (3) If a disclaimer is required, the identification statement must be followed by the phrase, "Not authorized by any candidate committee." (4) Printed material may be exempted from the identification or disclaimer requirement, or both, if the size of the item makes it unreasonable to add the identification, disclaimer, or both. Size exemptions apply as follows: (a) Printed material with a surface area of 4 square inches or less is exempt from the identification or disclaimer requirement, or both, as the size makes it unreasonable for inclusion. (b) For printed material with a surface area of more than 4 square inches where the person or committee seeks an exemption, the request for an exemption must be submitted in writing to the department, describe the printed material for which the exemption is sought, and provide the rationale for the exemption. The request must be made available for public inspection within 2 business days after its receipt. An interested person may submit written comments regarding the request to the department no later than 5 business days after the request is made available to the public. The secretary, or the secretary’s designee, shall provide a final response to the requester no later than 5 business days after the closing of public comments. The secretary, or the secretary’s designee, may extend this deadline by 10 business days on the showing of good cause.