No person shall sell, advertise for sale, or offer for sale any political item which is purported to be an original political item but which is not in fact an original political item.
Obligations Arising From Particular TransactionsSale and Manufacture of Political Items
Section § 1739
You can't sell or advertise a political item as 'original' if it really isn't. This means any political memorabilia like buttons or posters must be genuinely authentic if claimed as such.
political memorabilia original political item authenticity
Section § 1739.1
This law defines a 'political item' as anything like a button, ribbon, poster, sticker, literature, or advertisement related to a candidate or ballot proposition in an election.
For purposes of this title, a “political item” is any button, ribbon, poster, sticker, literature, or advertising concerning any candidate or ballot proposition in any electoral campaign.
political item button ribbon
Section § 1739.2
An 'original political item' is anything made during an election campaign to support or go against a candidate or ballot proposition.
For purposes of this title, an “original political item” is any political item produced during any electoral campaign for use in support of or in opposition to any candidate or ballot proposition before the voters in that campaign.
original political item electoral campaign candidate support
Section § 1739.3
This law says that political items that are clearly labeled as a "copy" or "reproduction" when they're being sold or advertised don't break the rules set in another related law, Section 1739.
No political item which is labeled “copy” or “reproduction” at the time of sale, advertising for sale, or offering for sale shall violate Section 1739.
political item labeled copy reproduction
Section § 1739.4
If you buy a political item and it turns out to be sold illegally, you can sue to get your money back plus interest, but only if you give the item back. If the seller knew they were selling the item illegally, you can get three times your money back. You have to sue within one year of finding out about the problem, and definitely no more than three years after buying the item.
(a)CA Civil Law Code § 1739.4(a) A person who offers or sells any political item in violation of this title shall be liable to the person purchasing such political item from him, who may sue to recover the consideration paid for the political item, with interest at the legal rate thereon, upon the tender of the political item.
(b)CA Civil Law Code § 1739.4(b) In any case in which a person knowingly offers or sells a political item in violation of this title, the person purchasing such political item may recover from the person who offers or sells such political item an amount equal to three times the amount required under subdivision (a).
(c)CA Civil Law Code § 1739.4(c) No action shall be maintained to enforce any liability under this section unless brought within one year after discovery of the violation upon which it is based and in no event more than three years after the political item was sold.
political item sell illegally recover consideration
