1. Guidelines from LWVUS for State and local debates;
2. Sample contracts and policies;
3. Cumulative Time Format (generic)

Guidelines for State and Local debates (including “empty chair” debates):

Candidate debates are regulated by federal and state election laws and regulations.  In addition, important Internal Revenue Service (IRS) rules apply to debates sponsored by organizations designated as 501(c)(3) by the IRS.  League-sponsored debates are governed still further by the League’s own nonpartisan policy.  Although legal challenges are infrequent, debates are high-stakes campaign activities, and candidates who believe they have been hurt politically by a debate may challenge debate sponsors under these laws.[1]

NOTE:  The following overview should not be construed as legal advice.  State and local Leagues should consult their own tax and election law counsel to ensure that their debate plans are in accord with all applicable laws and regulations.

The League Framework

The League of Women Voters shall not support or oppose any political party or any candidate.  All Leagues bear the responsibility of safeguarding this nonpartisan policy and the organization’s nonpartisan reputation.

League membership organizations are designated 501(c)(4) by the IRS, and League education fund corporations or trusts are designated 501(c)(3).  League membership organizations that use funds in their education fund accounts must abide by education fund rules.  Whether acting as a 501(c)(3) education fund or as a 501(c)(4) membership organization, each League will want to sponsor and conduct debates in such a way as to avoid creating the impression that it favors one candidate over another.

The Regulatory Framework

Key elements of the regulatory framework include the following:

The Federal Election Commission (FEC) regulates the conduct of corporate, labor and nonprofit organizations — including both 501(c)(3) and 501(c)(4) organizations — in federal elections.  FEC regulations define a debate as an event that
•  includes at least two candidates;
•  is staged in a way that does not promote or advance one candidate over another; and
•  allows the candidates to appear concurrently, in face-to-face confrontations, with opportunities to respond to each other.

The Federal Communications Commission (FCC) regulates radio and television broadcasters and cablecasters.  Under its regulations, a broadcaster that permits a candidate for any public office — federal, state or local — to use its facilities must provide all other legally qualified candidates for the same office with equal opportunities for use.
A broadcast debate must comply with the following FCC requirements.

•  The decision to cover the debate must be based on a good faith judgment of its newsworthiness (and not on a desire to promote or disadvantage a particular candidate).
•  The debate must not be edited and must be broadcast in its entirety, either live or reasonably soon after it takes place.
•  The debate must include at least two candidates.

Internal Revenue Service (IRS) rules provide that 501(c)(3) organizations "may not participate or intervene, directly or indirectly, in any political campaign on behalf of or in opposition to any candidate for public office."  This prohibition applies to campaigns for public office at all levels — federal, state and local.  A violation of IRS rules could jeopardize the tax-exempt status of the 501(c)(3) organization responsible.

A 501(c)(3) organization may sponsor nonpartisan voter education projects, such as debates, provided certain rules are followed.  The guiding principal for such debates is that there be fair and impartial treatment of all candidates, with nothing that promotes or advances one candidate over another.

"Empty Chair" Debates

It sometimes happens that only one candidate in a contested election accepts a debate invitation or that a candidate cancels a debate appearance after agreeing to participate, leaving the debate with only one participant — often called an "empty chair" debate.  If only one candidate accepts the invitation, the debate should be canceled.  While cancellation is also the most prudent course of action when a candidate fails to appear at the event or backs out shortly before the debate, Leagues may need to consider whether and how to proceed should they find themselves in an empty chair debate situation.

There are no specific guidelines from the FEC or the IRS pertaining to the ability of nonprofit organizations to sponsor an empty chair debate.  (FCC regulations would preclude any broadcast coverage of such an event.)  Inasmuch as an empty chair debate, by giving one candidate a forum to talk to voters all by him/herself, bestows a real benefit on that candidate, there is a risk to any League that hosting such a debate would run afoul of FEC and/or IRS rules as well as the League’s nonpartisan policy.

The degree of risk and the options available to Leagues vary depending on the office being sought by the candidates and the IRS designation of the sponsoring organization:

•  For debates involving candidates for federal office, FEC rules are particularly significant.  To meet the FEC definition of a debate and thereby avoid being categorized as an illegal contribution to a federal candidate, the event must include at least two candidates.  This rule applies to debates sponsored by both 501(c)(3) and 501(c)(4) organizations.  Any League that contemplates hosting an empty chair debate in connection with a federal election is strongly encouraged to seek formal guidance from the FEC.  FEC rules do allow educational institutions (e.g., a university) to sponsor "candidate appearances" that also involve members of the public.  The rules are not clear as to whether cosponsorship with an educational institution would give the League more latitude in dealing with an empty chair situation.

•  For debates sponsored by 501(c)(3) organizations for candidates for state or local office, IRS rules are critical.  (It is also critical to review any applicable state and local election laws.)  Although empty chair debates are not expressly prohibited by the IRS, the agency might well consider such an event to be an improper electioneering activity.  Leagues can reduce that risk by observing the following guidelines:

            ---   The League board’s decision to sponsor a debate should include adoption of relevant policies and rules well in advance of the intended debate.  See Face to Face for ideas. These should include provisions about empty chair debates.

            ---  League sponsorship of the debate, the issuance of invitations, and candidate responses should be announced via press releases.

---  An empty chair debate should not be conducted if all but one candidate decline the League's offer to participate in a debate.  It would be very risky for the League to sponsor the debate, knowing from the start that there will be only one participant.

---  An empty chair debate could be conducted only if one or more candidates pull out of a scheduled debate after agreeing to participate, and rescheduling is not feasible.  (A League could also choose to cancel the debate in this situation.)

---  The closer to the scheduled debate that the candidate cancels his/her appearance, the stronger the arguments that going forward with the debate is not a partisan political activity.

---  If the candidate cancels well enough in advance of the debate to allow the sponsoring League to make other arrangements without charge or penalty, the League should make some effort to see if the debate can be rescheduled.

---  In announcing that a candidate has canceled his/her participation in a debate, the League should present the factual reasons given by the candidate, if any, without any editorial comment.  If no reason is given by the candidate, the League should simply state that it was contacted by the candidate or his/her campaign and told that the candidate would not be able to appear at the debate; the League can also state that the candidate provided no reason for canceling his/her participation.

---  To maintain a clear record, the League should correspond in writing with candidates concerning invitations to appear at debates, attempts to accommodate each candidate's schedule, confirmation of scheduled debate appearances, confirmation of the cancellation of a debate appearance and attempts, if any, to reschedule a canceled appearance.

---  In conducting any empty chair debate, the League should maintain, to the extent practicable, the debate format.  The League must prevent the debate from turning into a candidate appearance that has the look, feel and content of a campaign rally for the only candidate attending the debate.  The moderator and other panelists, therefore, should ask nonpartisan questions, the length of the candidate's response should be limited, and if possible, the moderator and other panelists should act as devil's advocate, asking probing questions and follow-up questions.

•     IRS rules are more liberal for debates sponsored by 501(c)(4) organizations, but the League nonpartisanship policy still applies.  A League acting as a 501(c)(4) membership organization could sponsor a state or local candidate event involving only one candidate.  In considering such an option, the League would want to ensure that

---  the event would not violate any state or local election laws;
---  no tax deductible funds would be used for the event; and
---  the event would not damage the League's nonpartisan reputation by creating the impression that the League favored one candidate over another.

Please call the LWVCT office if you have any questions.

Sample
VIDEOTAPE POLICY AGREEMENT
No audio or videotaping of candidates’ forums, sponsored or co-sponsored by the League of Women Voters-__________ , may be done by any one other than a news service that has been given permission to tape by the President or Voter Service Chair of The League of Women Voters-__________ or by a TV producer that has the League’s authorization to tape in writing signed by either the President or Voter Service Chair. All videotapes of the production are owned exclusively by the League of Women Voters-__________ .

The videotape is copyrighted and may not be reproduced in whole or in part under any circumstances whatever without the written permission of the President or Voter Service Chair of the LWV-__________ .

 I, the undersigned, hereby agree to abide by the above policy.

Candidate’s signature  __________           Date  __________

LEAGUE OF WOMEN VOTERS-__________  POLICY FOR TV PRODUCTIONS
 

All television productions must follow LWV- __________ guidelines.

The production must be 100% non-partisan in its content and must avoid the appearance of partisanship. For instance during the election season which starts in June and ends on election day, the League should not air issue productions that support or oppose issues that are closely associated with one candidate.

Candidate forums are non-partisan if all candidates are treated equally and without favoritism The candidates' portion of a debate must be shown in its entirety. Candidates’ comments may not be edited.

If a candidate production needs to be shortened, editing may be done on the opening and closing remarks by speakers other than the candidates, applause (as long as it is even handed), pauses, intermissions, and the moderator’s nonessential remarks. In worst case scenarios, all the candidates for a certain office could be deleted. For instance, in a forum where candidates debate for council and board of education, all of the board of education segment could be deleted!

The staging of a debate must give all candidates equal opportunity to present themselves at their: best.

Attempts need to be made to have the candidates sitting or standing at an approximately equal height.

Backgrounds should be equal or comparable (no flags behind one candidates etc.).

The camera person must be fair and equal in the filming of each candidate and should try to show each candidate at his or her best.

Lighting, camera angles, and sound should be as equal or comparable as possible.

 It is best if there can be a mix of political parties when assigning the production personnel so there can be no complaints of favoritism.

The panel and their name plates should line up appropriately as viewed through the camera.
 
 

The director should preview the location as soon as possible after the place is decided upon to make sure it is appropriate for a television production. The ability for an adequate sound system, lighting, electrical outlets, traffic flow, and visibility of candidates or panelists if there is to be an audience, should be evaluated.

The director should report back to the Voter Service Chair ASAP so that final arrangements can be made to reserve the location or a new place selected, if necessary.

The director should brief all the candidates prior to the production on the use of the microphones and should remind them during the production if they are not using them properly. This must be done in an even-handed way.

The director keeps track of the total time for the production and apprises the moderator or facilitator when to start the production and gives him/her warning several minutes before the production must end so the closing will be smooth and fair.

If the candidates are to have closing remarks, the moderator and director must coordinate their timing so that the moderator will know when to start the closing so that all candidates have a chance to speak.

The moderator must allow all candidates the opportunity for equal air time (not all candidates may choose to avail themselves).

When the TV production is done by LWV -__________, the tape and production belong solely to the League. Persons or organizations may obtain copies of the production only with permission from the Voter Service Chair or President of the League and the expense should be borne by the other party, not LWV-__________. Candidates may purchase copies of the videotape if they agree in writing not to use it in their campaign unless it is unedited and in its entirety.

If the production is to be shown by any second party, it should be in its entirety as specified previously. The exception would be when a. news service shows news clips. ALL CANDIDATES PARTICIPATING IN A TAPED DEBATE MUST SIGN THE “ VIDEOTAPE POLICY AGREEMENT.”

Other persons are not allowed to tape a League production under normal circumstances since the League would not have control over the content or its use. A cosponsor in charge of taping a League production must follow the League TV Production Policy.

Candidates or TV production crews are not allowed to wear partisan buttons or other election advertising. The TV crew must show no personal favoritism towards one candidate over another during the production. There are no restrictions to partisan participation at other times.

The TV crew should arrive early enough’ so that the equipment is set up and working at least 15 minutes prior to the time the debate or production is to start. If a cosponsor is doing the TV production, the same guidelines must be followed.

Candidates may bring hand held visual aids in the form of poster board, graphs, etc. if they are totally issue oriented and are not attacking another candidate. No electronic visuals are allowed (such as over-heads) and visuals must be small enough to be held up without obstructing another candidate. Visuals can only be held up while the candidate that brings them is speaking and must be out of sight immediately when the candidate finishes (they count as speaking time). The TV camera person must be even handed in showing the visuals in close-up while the candidate is speaking.

*The key to League productions is scrupulous non-partisanship and equal and fair treatment of all candidates or presenters, both in the actual filming and also in the editing process. There must be no actual or appearance of support for a candidate or party by anyone putting on or televising the forum. 

MODIFIED CUMULATIVE TIME FORMAT
(This format can be modified to fit most debates of any length of time)

Numbers will be drawn from a hat to determine the order of answering the first question. The same order will be used for summations.

There will be no opening statements. After introduction of the candidates by the moderator, the questions will immediately begin. Each candidate will answer each question in 2 minutes or less. A timer will hold up a card indicating the amount of time remaining at 30 seconds, 15 seconds and then 0. Each candidate will have a 15 - minute “bank” of time that can be drawn on to elaborate on a response or to use for rebuttals. All elaborations and rebuttals will be deducted from bank time regardless of how much time was used to initially answer the question. At the end of the debate, a 2- minute summation/rebuttal will be allowed.

Each candidate will be assigned their own bank timer who will keep them apprised of how much time is left in their bank after each round of questions by holding up a sign. There will be one other time keeper keeping track of the 2 minutes used to initially answer the questions and for the summations. Introduce yourself to your timekeeper and make sure you can see her without difficulty.

PLEASE NOTE THAT THIS IS NOT AN EXACT TIME LIMITED FORMAT. The purpose here is to allow discussion of the issues. Time saved• on answers and rebuttals will be used to ASK MORE QUESTIONS, and not added to a candidate’s bank. There will be time for about 7 to 10 questions—more if less time than allotted is used.

As the end of the debate nears, bank time not used by candidates may be used at the moderator’s discretion for additional questions. All decisions by the moderator regarding time, when an issue is exhausted, appropriate discussion, or anything else, are final.

The entire forum will last two hours.

Questions will be prepared in advance by the sponsors and solicited from the public and newspaper reporters. The audience may submit written questions. These questions will be screened by a bipartisan panel for appropriateness and duplication; all questions must be phrased so that they are issue orientated and can be appropriately answered by all candidates. Similar questions may be combined.

Please arrive between 6:00 and 6:30 p.m. to be briefed by the moderator and to draw lots. If you have questions, please call me ahead of time—the moderator will be busy and might not have time to give you anything but very brief answers. All candidates are to be seated by 6:50 p.m. We suggest you test your microphone at that time to be sure it is working and that you can be heard in the back of the room. Be sure to speak closely into your microphone if your voice is soft.

Tables for campaign literature will be available outside the debate room—no campaign literature or campaign signs allowed inside. Candidates cannot wear campaign paraphernalia. If candidates use charts or graphs, they must be small enough to be placed out of sight as soon as the candidate holding them is done speaking. As long as they are in evidence, time will be taken off that candidate’s bank. Only the League or its designated cosponsors may audio or videotape the debate for any reason.

All candidates must sign the TV agreement prior to the debate or they will not be able to participate—no exceptions.

TV TIPS:

• Use of light sensitive glasses is strongly discouraged as the lights turn them into sunglasses and you will acquire a sinister look.

• It may be warm in the room so men might want to wear short sleeves under a jacket.

• Bright colors show up well on TV but very busy patterns on clothing or ties make the TV picture shimmer.

• Women might consider using a little brighter makeup with extra powder and men with “high” foreheads would probably do well to powder them to reduce glare. Remember the Nixon/Kennedy debate and be freshly shaven.

• Practice in front of a mirror or have someone videotape you as you talk. That way you will become more aware of any nervous movements or overuse of “ers” or “uhs” you might be making unawares.

• Smile—it makes you look relaxed, comfortable and confident
 
 

Call __________________________________ with any questions.
 

 Source: Mark Russak presented this "Example of Generic Modified Cumulative Time Format Candidate Letter” in his Voter Service Workshop at LWVCT Convention 2003.