FAQ's Candidate Forums-Debates

Introduction

In carrying out our mission of encouraging informed and active participation in government, the League of Women Voters continues to be a key sponsor of candidate debates and forums. This Frequently Asked Questions (FAQ) is meant to be a quick resource on some of the main questions asked by Leagues.

This FAQ 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.

Finally, the public holds the League in high regard for our work on debates, so it is important to follow best practices to ensure a fair and well-executed debate or forum. This respected tradition also offers state and local Leagues wonderful opportunities to be visible to the public and to help strengthen the organization by inviting new members to join and developing new leaders.

Common Terms

The following terms are used throughout this guidance. Learn more in the tables below.

FEC & FCC

Debates & Forums

As defined by the Federal Election Commission (FEC):

Both candidate debates and other formats may be considered contributions subject to campaign finance limitations or as illegal corporate contributions to a federal candidate if your League does not adhere to all FEC, FCC, and IRS guidelines when hosting activities for federal-level candidates.

Best Practices

The following represents a short checklist of best practices Leagues should follow when hosting or sponsoring a candidate debate or forum.

• Annually review and adopt your League’s criteria for candidate participation in debates. Do this well in advance of when you intend to invite candidates to participate, so there can be NO charge of setting criteria that could be construed to purposely include or exclude any candidate.
• Procure a law firm or lawyer who can offer pro-bono legal advice in case it is needed before, during, or after your debates.
• Designate someone in your League (on board or off board) to be the debate manager. No matter how large or small the debate project is, it is important for someone to be in charge and to communicate with the board on various logistics.
• Know the federal, state, and local laws that may govern or have an impact on holding a debate or forum!
• Make sure you are maximizing visibility and organizational growth opportunities (new leadership development, membership recruitment, etc.) affiliated with conducting candidate debates or forums.
• Develop a recording policy and post/state it in the rules and in the description of a live stream or video recording. Find a template here.

CANDIDATES

Note regarding federal level races: While this guidance for Leagues applies to the presidential level as well, for “Federal Level” we will focus only on the US House and US Senate because all outreach to presidential candidates must go through the LWVUS Board. 

What if a candidate is unopposed?

Federal Level Races

A debate may NOT be held.

Both the FEC and FCC rules define a debate as more than one candidate. If an unopposed candidate was to appear at an LWV candidate forum, it could be interpreted as a contribution to that candidate and jeopardize the League's 501(c)(3) status and nonpartisanship reputation. FCC regulations also preclude broadcast coverage of only one candidate. Instead, unopposed candidates might be invited to meet and greet attendees at the end of another candidate forum and/or contribute a statement to your Voters' Guide.

State and Local Level Races

Recommend that a debate NOT be held.

State and local laws may have implications for this practice and should be checked as well. Instead, unopposed candidates might be invited to meet and greet attendees at the end of another candidate forum and/or contribute a statement to your Voters' Guide. 

If one candidate is late for the debate, can we start?

Federal Level Races

A debate should not start if only one candidate is present.

There is no guarantee that the “late” candidate will ever arrive. It can be held for a "reasonable amount" of time if one candidate is late and should NOT start until there are at least two candidates. The moderator can explain without bias that the debate is delayed awaiting the arrival of the other candidate. To begin with only one candidate would provide that candidate extra exposure and could be interpreted by the public as bias and by the FEC as a campaign contribution. If the debate includes candidates running for several different offices, the debate might begin with races for other offices and a deviation from the listed program announced.

State and Local Level Races

The same advice applies at the local and state level.

What if one candidate cancels because of an emergency?

Federal Level Races

A debate must be canceled if only one candidate remains. If more than one candidate is present the debate can proceed.

The moderator announces that a candidate has canceled his/her participation in a debate and presents any factual reasons given by the candidate without editorial comment. For example, the League might simply state that it was contacted by the candidate or his/her campaign and told the candidate would not be able to appear at the debate and no reasons were given for canceling his/her participation. If the debate must be canceled and the candidate who canceled provided a statement, the moderator may read statements on behalf of both candidates. Attempts can be made to reschedule the debate. It is the League's responsibility to prevent a debate from turning into a solo candidate appearance that has the look, feel and content of a campaign rally for the only remaining candidate as well as assuring that all regulations are followed and the League's nonpartisan reputation is upheld.

Reminder: For federal races (US House, US Senate) an empty chair debate (where only one candidate is present) can NOT be held as it can be considered an “in-kind” contribution or providing "something of value” to a federal candidate by the FEC and thus subject to the contributions or expenditures limitations, reporting requirements and prohibitions of federal election laws.

State and Local Level Races

If only one candidate remains it is recommended that the debate not proceed, but be rescheduled. If more than one candidate is present, the debate can proceed.

Check your state and local election regulations to understand what they allow and what they prohibit. While not encouraged, if allowed by state law 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. In conducting any empty chair debate, the League should maintain, to the extent practicable, the debate format. 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 ask probing questions and follow-up questions.

If an empty chair debate is not permitted, how can the League diffuse an angry audience and candidates?

Federal Level Races

Sometimes charges of unfairness may be leveled at League's process by disappointed candidates or audience members. Sometimes charges are part of a candidate's overall strategy. Be mentally prepared for criticism and calmly explain the federal regulations that do not permit an empty chair debate as well as League's high standards for candidate debates and nonpartisan reputation. Educate the public and your members about the reasons for not holding an empty chair debate through a letter to the editor and an article in your VOTER.

State and Local Level Races

The same advice applies at the local and state level. Be mentally prepared for criticism and calmly explain the state or local regulations that do not permit an empty chair debate as well as League's high standards for candidate debates and nonpartisan reputation.

Can a surrogate stand in for a candidate?

Federal Level Races

NO, surrogates may not stand in for a candidate in a debate. If surrogates are involved, the activity no longer constitutes a debate.

Again, for federal races an empty chair debate (where only one candidate is present) can NOT be held as it can be considered an “in-kind” contribution or providing "something of value” to a federal candidate by the FEC and thus subject to the contributions or expenditures limitations, reporting requirements and prohibitions of federal election laws.

State and Local Level Races

It is not recommended that substitutes stand in for candidates. The public does not hire surrogates through their votes. While a stand-in might be excellent at public speaking or debating, he/she cannot be held accountable as the elected official.

What if a candidate refuses to debate when there are only two candidates?

Federal Level Races

A debate may NOT be held.

If either the incumbent or challenger refuses to debate, enlist the assistance of the media to publish news articles and editorials to urge the reluctant candidate to appear. Have your League President submit a strong letter to the editor stating candidates are expected to participate and if they do not, they are denying the community an opportunity for public education about them and the issues.

State and Local Level Races

Recommend that a debate NOT be held.

However, just as in the above advice, Leagues should decide if there are ways within the community, through the media, coalition partners or others, to encourage that a debate go forward and urge the reluctant candidate to appear.

FORMAT

Note: Format advice applies to federal, state, and local level races, so will not be broken out separately in this section.

How should candidate speaking order or party order be determined?

Place all names within a container and draw one at a time. Use a separate draw of names for opening and closing statements.

What about timing?

Decisions about how much time to allot for response, rebuttal or cross talk should be thoughtfully considered and often are based on amount of overall time allotted for the debate and the number of candidates participating. Consider varying response times to suit questions. Ground rules for timing should be agreed upon before the debate. Generally, a candidate will be allowed to finish a sentence, once started. Use an unobtrusive method, such as cards or lights, to alert candidates that most of their or all of their time has been used.

What methods can be used to obtain candidate questions? How do we screen or should we?

• Ask your members, debate attendees to submit questions.
• Check the League Management Site for suggested national debate and voter guide questions.
• Utilize a League member committee of three to combine similar submitted questions and omit those that are personal or offensive.