Pre-Election Communication Restrictions

Mass Mailings

A committee mass mailing is defined as an unsolicited mailing of 500 or more pieces of substantially identical content - whether mailed singly or in bulk - over the course of a legislative year (January 3 of one year through January 2 of the following year). 

A committee mass mailing must be ordinary and necessary to the conduct of the normal and regular business of the committee.  The use of committee funds in support of the printing, production, and distribution of mass mailings is prohibited except for the mailing of:

1. Press releases to the communications media;
2. Notices of the schedule of a hearing or markup of the committee;
3. Committee documents printed pursuant to the applicable provisions of title 44, U.S.C; and
4. Requests for the views of the public or the views of other authorities of government essential to the conduct of the study, investigation, or oversight of matters with the jurisdiction and related function assigned to the committee under rule X of the House of Representatives.

Election Restrictions

A committee may not distribute a mass mailing during the 90 days immediately preceding an election:

• If the name of the Member(s) who is distributing the communication (or at whose direction the communication is being distributed ) will appear on an election ballot (primary, general, runoff, or special) for election or re-election to any public office; or
• If the name of the Member(s) into whose district, territory, or commonwealth will appear on an election ballot (primary, general, runoff, or special) for election or re-election to any public office.

These restrictions do not apply to:

• Mailings or communications which are in direct response, i.e., a solicited response, to inquiries or requests from the person to whom the response is directed.
• Updates to the committee’s official web site(s).

It is imperative that you and your committee staff be knowledgeable of the state election laws and how they may apply to these pre-election mailing and communication restrictions.  Do not rely on vendors to be aware of these restrictions and when and how they apply to the distribution of your official mailings and communications.

For your convenience, please find attached an up to date list of the 2008 congressional primary election dates and the (“cutoff”) date on which the corresponding 90-day pre-election period begins.  The list includes this information in both an alphabetical-by-state and chronological format.