[grc] On-air election rules -- what's an "endorsement"

[Jama]

Since we're now truly in election season, I'd love to develop a more clear understanding of the FCC's rules about endorsement of candidates on-air. 

The NFCB Legal Handbook (as of 2013 and I doubt it's changed) said:

"The rule with respect to political editorials is simple: "No noncommercial educational broadcasting station may support or oppose any candidate for political office" [Section 399]. This ban applies only to licensee endorsement of, or opposition to, particular candidates. It does not exclude the expression of political views by candidates or other parties over a public station. In fact, the candidate rules encourage the discussion of political issues. On-air personnel should, however, be carefully instructed to refrain from making statements that suggest the station supports or opposes any candidate." 

I have heard FCC lawyers at conferences say that listeners can interpret a programmer-on-duty as "the voice of the station," so a stated opinion could be interpreted as the opinion of the station.  

I think this last concept is part of why KMUD made the following rule, contained in the Programmer's Agreement: 

"I understand that as a programmer for a 501[c][3] organization, I cannot, while on-air, endorse (or encourage people to vote for or against) a political candidate or initiative."  

And for 501(c)(3) non-profits, there are rules about candidate endorsement and lobbying.  I'm not going to touch that one here, but others could shed some light if you have it.

Anyway, I think KMUD's rule is a good one. 

But, what exactly constitutes an "endorsement"? Surely one would not have to use that exact word... so, would any positive statement about a candidate be an "endorsement" ??    Or... what?

Thanks for any helpful thoughts, sister stations and everyone.  Could someone forward to the NFCB list? 

Jama
volunteer
KMUD 
Garberville, CA