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NAEB NEWS LETTER, Page. 10, December I, 1941 -•v: - / ■ PORTUNITtES TO ALL OTHER SUCH CANDIDATES FOR THAT OFFICE IN THE USE OF SUCH BROADCAST l.*^ STATION, AND THE COMMISSION SHALL MAKE RULES AND REGULATIONS TO CARRY THIS PROVISION into effect: Provided, that such licensee shall have no POWER OF CENSORSHIP OVER THE MATERIAL BROADCAST UNDER THE PROVISIONS OF THIS SECTION. No OBLIGATION !S HEREBY IM¬ POSED UPON ANY LICENSEE TO ALLOW THE USE OF ITS STATION BY ANY SUCH CANDIDATE.” IT SHOULD BE NOTED THAT THIS SECTION DOES NOT IMPOSE UPON RADIO STATION LICENSEES THE OBLIGATION TO GIVE OR SELL TIME TO ANY CANDI «? DATE FOR PUBLIC OFFICE FOR THE SAME OFFICE. In THAT EVENT, THE STATION MUST THEN PROVIDE EQUAL OPPORTUNt T I ES TO ALL OTHER SUCH CANDIDATES FOR THAT OFFICE. A PERSON WHOSO NAME I S NOT INCLUDED ON THE PRINTED BALLOT, BUT POS¬ SESSES THE REQUISITE LEGAL QUALIFICATIONS TO HOLD THAT PARTICULAR OFFICE, IS A “LEGALLY QUALIFIED CANDIDATE” WITHIN THE MEANING OF THIS SECTION OF THE COMMUNICATIONS Ad AT'O THE COMMISSIONS RELATED RULES. The names of SUCH persons can be written in by voters and A VALID ELECTION RESULT. ll IS EVI DENT THAT Se<OT I ON 315 SHOULD BE CONSTRUED ALSO TO INCLUDE CANDIDATES FOR, I NAT | ON FOR OFFICE WHERE THE NAMES OF CANDIDATES ARE NOT REQUI RED ON PRINTED BALLOTS. IN CONSEQUENCE, THE COMMISSION HAS CHANGED SECTION 3.422 OF ITS RULES TO DEFINE A “LEGALLY QUALIFIED CANDIDATE' 1 AS FOLLOWS: “A 8 LEGALLY QUALIFIED CANDIDATE® MEANS ANY PERSON WHO HAS PUBLICLY ANNOUNCED THAT HE IS A CANDIDATE FOR NOMINA¬ TION BY A CONVENTION OF A POLITICAL PARTY ®R FOR NOMINA¬ TION OR ELECTION IN A PRIMARY, SPECAIL, OR GENERAL ELECTION, MUNICIPAL, COUNTY, STATE OR NATIONAL, AND WHO MEETS THE QUALIFICATIONS PRESCRIBED BY THE APPL I CALBE LAWS TO HOLD THE OFFICE FOR WHICH HE IS A CANDIDATE, SO THAT HE MAY BE VOTED FOR BY THE ELECTORATE DIRECTLY OR BY MEANS OF DELE¬ GATES OR ELECTORS, AND WHO-‘ { A) HAS QUALIFIED FOR A PLACE ON THE BALLOT OR (b) IS ELIGIBLE UNDER THE APPLICABLE LAW TO BE VOTED FOR BY STICKER, BY WRITING IN HIS NAME ON THE BALLOT, OR OTHER METHOD, AND (!) HAS BEEN DULY NOMINATED BY A POLITICAL PARTY WHICH IS COMMONLY KNOWN AND REGARDED AS Sl^QH, OR (2) MAKES A SUBSTANTIAL SHOWING THAT HE IS A BO&yrtPE CAND i DATE FOR NOMINATION OR OFFICE, AS THE CASE MAY BE . “ In so doing the Commission is cognizant, of course, tha"j the mere FACT THAT ANY PIAME MAY BE WRITTEN IN DOES NOT ENTITLE £tl PERSONS WHO MAY PUBLICLY ANNOUNCE THEMSELVES AS CANDIDATES TO DEMAND RADIO TIME UNDER SECTION 315, FOR THE OBVIOUS REASON THAT THE LIMITED BROADCAST FACILITIES WILL NOT ACCOMODATE ALL WHO MIGHT DESIRE TO speak. The Commission also recognizes that broadcast stations may