EAO 198

A corporation is prohibited by Election Code section 253.094 from making expenditures to communicate with its employees, retirees and their families about an election only if the communication “expressly advocates” the defeat or election of an identified candidate, as that term has been used by the United States Supreme Court. The inclusion of words such as “vote for,” “elect,” “support,” “defeat,” “reject,” or “Smith for Senate” would clearly constitute express advocacy. Whether communications including candidates’ voting records and positions on issues, poll results, and third-party endorsements constitute express advocacy would depend on the precise language of the communication.