(1) For purposes of this rule, "campaign advertising" refers to reportable election activity, as defined in ARM 44.11.103.
(2) The "fair notice requirement" is described in 13-35-402, MCA. For the purpose of that section, the date used to determine the date "intended for public distribution" for material distributed by:
(a) print media is the date of the postmark.
(i) If no postmark is provided on the mailing, the date the mailing is mailed or "dropped," as reported by the mail distributor, is the equivalent of the postmark date.
(b) broadcast media, digital media, or published material is "at the time" the material is published or broadcast or disseminated to the public.
(i) "At the time" means at or before the earliest date and time the message is scheduled to be published, broadcast, or disseminated to the public.
(c) hand dissemination, see 13-35-402, MCA.
The December 2015 poll of the Montana Legislature on proposed NEW RULE XI (ARM 44.11.607
) FAIR NOTICE PERIOD BEFORE ELECTION in MAR Notice No. 44-2-207
was as follows: 27 Senators voted the proposed rule is consistent with legislative intent; 19 Senators voted the proposed rule is contrary to legislative intent; 51 Representatives voted the proposed rule is consistent with legislative intent; and 34 Representatives voted the proposed rule is contrary to legislative intent.