Ahead of any elections for public office, staff (especially hosts and producers) are subject to rules from the IRS, FCC, and KPFA’s station policy. KPFA, as a 501(c)(3) non-profit organization, is bound by IRS rules for such organizations:
KPFA is a 501(c)(3) non-profit organization and under the Internal Revenue Code, all section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office.
Staff must refrain from endorsing or opposing candidates for public office and from giving exclusive or unequal access to candidates on KPFA’s air.
This applies to all on-air staff, including volunteer and employee programming staff, public affairs hosts, news reporters, anchors, and music DJs.
Of course, all staff can speak their minds off the air, but on the air they have to follow these designated rules and policies:
- Do not instruct people how to vote.
- Do not announce whom you are voting for.
- Do not give candidates unequal access to KPFA’s air.
- Do not participate in any on-air discussions or interviews about candidates’ races or ballot measures you have endorsed or about campaigns you work on.
Off-air, do not use any station resources — including an @kpfa.org email account, KPFA facilities, or KPFA communication lines — to support or oppose a candidate or ballot measure.
FCC Reporting Requirement
The FCC requires KPFA to report any candidates’ appearance on the air in its Public Inspection File (aka, Public File).
If you invite candidates for public office on the air, you must report this to management ([email protected]) — preferably immediately and definitely within 24 hours of broadcast — for inclusion in KPFA’s FCC Public Inspection File. Report who you had on the air, for how long, and what was discussed by completing and submitting the Candidates On the Air During Election Season Form located in kpfa.org/staff.
A quote from chapter 7 of The Public Radio Legal Handbook page 111:
A station is not obligated to contact candidates to offer “equal opportunities” after a competing candidate has appeared on the station. The station’s obligation is simply to place a record of “use” in its Public File as soon after the appearance as possible. Legally qualified opponents must assert their right to equal opportunities within seven days of the appearance by the first candidate so prompt placement of a record of the appearance in the Public File is critical.
Whenever a legally qualified candidate makes “use” of a broadcast station in a non-exempt program, that station must afford all opposing candidates equal opportunities to air programming that reaches a comparable audience size. The obligation is to provide “equal opportunities,” not equal time. For example, if one candidate has been given 5 minutes during peak audience, morning drive time, while an opposing candidate is given 5 minutes at 1:00 a.m., the two candidates would have been given equal time but not equal opportunities to communicate with the public.
Candidates for any state, local, or federal election may exercise the right of equal opportunity.
News Reporting Exemption
News reporting is exempted from the FCC requirement of offering equal opportunity and reporting candidates’ appearances for the Public File.
The FCC exempts from these requirements any “bona fide newscast,” “bona fide news interview,” “bona fide news documentary,” and “on-the-spot coverage of bona fide news events, including but not limited to political conventions.”
The KPFA Elections Policy
KPFA has adopted the practice of inviting every candidate for a particular public office to an interview or other program — not just the “progressive” candidate. This is in keeping with the general principle of fairness to candidates and to our audience. This is also a much higher standard than is required by FCC Regulations.
The general manager may waive this practice when they judge that the specific circumstances of a race make it impractical for KPFA to both comply and deliver election coverage in the public interest. This could include an instant runoff voting (IRV) race with an excessively large number of officially qualified candidates who are not waging a vigorous or visible campaign. The producer must request a waiver in writing, ahead of time, explaining the reasons for the waiver and what criteria they propose to use to distinguish between candidates who will and will not receive invitations.
It is the host’s or producer’s responsibility to notify management if they intend to have a candidate participate on their show. If the host or producer is required to provide equal opportunity to all other candidates, such an appearance must take place within 2 weeks of the original program. If election day occurs less than 2 weeks from the original program, the appearance must take place before election day.
Ballot Measures
Hosts and producers who are discussing ballot measures must invite representatives from both sides, pro and con, to be on the air. They should provide reasonable notice and opportunities for both sides to appear.
KPFA Hosts and Producers Who Run for Office
When hosts and producers choose to run for public office, KPFA removes them from the air and requires them to refrain from on-air participation until after the election. This policy is applicable to all hosts and producers, including both music and public affairs hosts and producers, and is not limited solely to public affairs roles. Permitting them to continue on the air, even without discussing their candidacy, would trigger the FCC’s equal opportunity requirement.
Music Shows
These requirements concerning elections apply to both music shows and public affairs shows. Some hosts and producers have inquired about songs that endorse candidates or parties. Songs are regarded as artistic statements and are exempt from the rules. However, while on the air, you must not explicitly express agreement with the message of the song.
If you have any questions about this, please contact management at [email protected].