Campaign DisclosureDisclosure in Advertisements
Section § 84501
This section defines what counts as an 'advertisement' in political campaigns. It's any public message paid for by a committee to promote or oppose a candidate or ballot measure, but excludes certain communications like personal emails, small promotional items, and clothing.
'Top contributors' are those who give the highest amounts (over $50,000) to these committees, and there are specific rules on how to identify and disclose them. If funds are specifically marked (earmarked) for certain political purposes, they need specific disclosures when transferred between committees.
Nonprofit organizations that don't engage in political activity and individuals who opt out of having their contributions used politically are exceptions to these disclosure requirements.
Section § 84501.1
This law says that the Commission cannot create or enforce any rules, policies, or opinions that set limits on quantities or amounts unless those limits are already specified in certain sections of the law. Essentially, these sections of the law apply to everything, no matter how small the quantity or amount, unless otherwise stated in the law.
Section § 84502
This section outlines the rules for advertisements paid for by different types of committees. It requires ads to include 'Ad paid for by' followed by the committee's name, as shown on their most recent Statement of Organization. This applies to various forms of ads, including radio, TV, and text messages. Political party committees or candidate controlled committees must follow this rule if the ad supports/opposes a ballot measure or is an independent expenditure.
There are exceptions allowing 'Paid for by' text for printed letters, websites, emails, and text messages. For internet video ads or large print ads, the committee name can be shortened, as long as it uniquely identifies them. Sponsored committees must include parts of the name identifying the sponsor unless all sponsors are listed as top contributors. If applicable, the committee can use 'Committee ID' and the identification number instead.
Section § 84503
This law requires certain political ads to disclose the top financial contributors of the committee that paid for the ad. If there is only one top contributor, the term "Top Funder" is used instead of "Top Funders." Only the names of the top contributors are needed, without terms like "incorporated" or "committee." If the top contributor is a sponsored committee with a single sponsor, only the sponsor's name is required. Certain committees are exempt from this requirement. The law also allows for slight variations in wording for different types of advertisements, like printed letters or emails.
Section § 84504
This law requires certain political ads broadcasted on radio or via phone to include specific disclosures. These ads must mention who paid for them and clearly state the top contributors giving $50,000 or more. The disclosure should match the ad's pitch and tone and last at least three seconds. If the ad is very short (15 seconds or less) or if the disclosure would take over eight seconds, it can mention just the single top contributor.
Section § 84504.1
This law explains the rules for video advertisements paid by certain committees, like political committees, that aren't tied to a candidate or political party. These ads must include specific disclosures either at the start or end. For ads up to 30 seconds, the disclosure should appear for at least five seconds; for longer ads, it should appear for ten seconds. These disclosures must use a specific format and style, including font, size, and color requirements.
The disclosures should cover the bottom part of the screen, with white text on a black background, and have specifics about space and contributors. If there are top contributors, additional rules apply, including the order and presentation of their names. Independent expenditure ads must include an additional statement per another section.
The ad's disclosure area cannot include unauthorized text or images, keeping the focus strictly on the required information unless other laws say otherwise.
Section § 84504.2
This law requires certain print advertisements, paid by committees other than political party committees or candidate-controlled committees, to include specific disclosures. The disclosures must have a solid white background, be set in a box, and be in an easy-to-read font, like Arial, with a minimum size based on the type of advertisement. For smaller ads, only the top contributor giving at least $50,000 needs to be disclosed. If the ad is larger, such as a yard sign, the text size should be at least 5% of the ad's height. Top contributors should be listed on separate lines, unless on large advertisements, where they can be separated by commas. Additional disclosure text includes information directing viewers for more funding details on the Commission's website.
Section § 84504.2
This law details how print political advertisements must disclose certain information. If an ad is paid for by a committee that isn’t affiliated with a political party or a candidate for elected office, it must include specific disclosures. These disclosures should appear in a clear, white box at the bottom of at least one page of the ad, using Arial 10-point font.
For larger print ads like billboards, the text must be at least 5% of the ad's height. Key contributors who donated the most money must be listed in descending order, without underlining their names. Ads supporting or opposing candidates using independent funds must also display separate disclosures. For ads small in size, such as newspapers, only the largest contributor needs to be disclosed if they gave over $50,000.
Section § 84504.3
This law section deals with the rules for disclosures in electronic media advertisements related to elections. It applies if the ad is paid for by certain types of political committees. The law outlines requirements for how disclosures need to be shown on ads, especially if the ad includes images or graphics. For instance, there need to be clear disclosures, like who funded the ad, in a readable format, and sometimes these can be a clickable link to more information. There are specific rules depending on the size and type of the ad, including ones for audio and video ads, and social media. The law aims to ensure transparency about ad sponsorship in political campaigns.
Section § 84504.4
This California statute mandates that political advertisements on radio, television, and social media, which are sponsored by a political party or a candidate's committee and do not relate to ballot measures, must include specific disclosures. Radio ads need a spoken disclosure at the beginning or end, and it must match the ad's tone. Television ads require a written disclosure for at least four seconds with a font size consistent with the screen size. Social media ads require a disclosure following similar guidelines.
Section § 84504.5
This law requires specific disclosures in political advertisements that are independent expenditures funded by political parties or candidate-controlled committees. These disclosures should comply with certain guidelines depending on the type of advertisement: radio, telephone, video, print, or electronic media.
For radio and telephone ads, disclosures must be made at the start or end, spoken clearly, matching the ad's tone, and lasting at least three seconds. Video ads must have written disclosures at the start or end, legible for at least four seconds, and spoken if visible for a shorter duration. Print ads must use at least 10-point type with good contrast, and larger print ads need disclosures to take up 5% of the ad's height. Electronic media ads must follow Section 84504.3's disclosures.
Section § 84504.6
This California law section outlines the rules for how online platforms must handle political advertisements. It defines what an 'online platform' is and specifies that platforms directly selling ads must require committees to disclose certain information about the ad, like who paid for it and any related candidate or ballot issue. If the advertisement changes due to new top contributors or committee names, updates must be made within five days.
Platforms are required to make it clear to viewers who funded the ad, either by showing 'Paid for by' messages or using hyperlinks that let viewers find more information about the committee. They must also keep a public record of ads purchased for $500 or more for at least four years, including details like ad copies, views, and spending.
Finally, the platforms can rely on the information provided by the committee, as long as they create a system to receive and verify this information, to meet their legal obligations under this section.
Section § 84504.7
This law outlines rules for political advertisements sent via text messages. If a candidate or political committee sends a text message that supports or opposes a candidate or ballot measure, they must include specific disclosures.
The text must say "Paid for by" or "With" followed by the committee or candidate's name, or a link to a website with full disclosures. If a committee has major donors, the names of the top contributors must be included, unless certain exceptions apply.
For unpaid volunteers, some exceptions on disclosure rules apply, and those texts must state they are from a volunteer. Links in messages must remain active until 30 days after the election. If a sequence of texts is sent, the required information must be in the first message.
Section § 84504.8
Section § 84505
This law states that any committee, or people working with it, cannot create or utilize certain types of committees to hide the identity of major contributors to an advertisement. The aim is to ensure transparency about who is funding the advertisement.
Additionally, written disclosures in advertisements must generally avoid all capital letters, with exceptions for proper grammar, names, or common usage of certain terms, maintaining clarity for readers.
Section § 84506.5
Any advertisement that supports or opposes a candidate and is independently funded must clearly state that it is not approved by the candidate or their campaign committee. If the ad is authorized or funded by a candidate for a different office, it must clarify that it was not authorized or funded by any candidate or committee from the office it pertains to.
Section § 84509
This law requires that political advertisements update their list of top financial contributors when the list changes or a new top contributor appears. For electronic ads—like TV, radio, or digital billboards—the updates must happen within five business days. As long as a committee sends the revised ad with instructions to broadcast stations to update it by the fifth business day, they comply with the rule. For print media, including printed billboards, the ads must be updated before any new prints are ordered.
Section § 84510
This law states that if someone violates certain sections related to proper advertisement disclosures, they can be sued and fined up to three times the cost of the ad. This includes costs like placing the ad. If a person intentionally breaks these rules to hide required information, they can face the same penalties.
Additionally, if someone helps another person commit these violations, they can also be held responsible and fined similarly. If the case results in a financial penalty, half of that money goes to the person who initiated the lawsuit and the other half to the state's General Fund. If a local prosecutor handles the case, the agency gets half, and the General Fund receives the other half.
Section § 84511
This law applies to committees that spend $5,000 or more on someone's appearance in ads about ballot measures, or any amount if the ad suggests the person holds a licensed or certified job. These committees must report details about the expenditure within 10 days, including the measure, date, amount, recipient's name, and occupation if applicable.
Ads must clearly state if individuals are paid spokespersons. If the ad implies the person has a licensed job, it must also clarify they are paid actors, unless their actual occupation matches what is portrayed, and proper documentation is maintained and available on request.
Section § 84512
This law requires businesses to report to the Secretary of State if they alter online search results or target online ads for political purposes. They need to submit the report if their products or services emphasize or deemphasize advocacy materials or target ads to users without full consideration. The required report must include the names of candidates or measures affected, whether these actions supported or opposed them, the decision-makers involved, and the date of such activities. Reports are due by January 31 for the prior year and should be publicly available. Businesses must keep related records for four years. These rules do not apply to regular commercial activities or internal communications. The law starts on January 1, 2024.
Section § 84513
This California law section states that if a committee pays someone to post online content supporting or opposing a candidate or ballot measure, that person must clearly declare they were paid by the committee. The disclaimer should be easy to read or hear and include the committee's name and ID number.
This requirement doesn't apply to content needing disclosures under specific sections, to content on the committee's own pages, or to posts by a committee's paid employees on their own social media, unless posting is their main job.
The committee must inform the person of the disclaimer rule. Violating this rule doesn't lead to fines or criminal charges, but the Commission can take legal action to enforce compliance if necessary.
Section § 84514
This law requires political ads made or changed using artificial intelligence (AI) to clearly state, 'Ad generated or substantially altered using artificial intelligence.' The ad's presentation must follow existing guidelines for political ads. Importantly, it doesn't change any legal rights or protections for online service providers. If a committee doesn't follow these rules, the Commission can legally enforce compliance but not charge them with a misdemeanor. AI is defined as a system that creates or changes media, like images or videos, in ways that might deceive someone into thinking it's real. Minor edits, like color changes, don't count as substantial AI alterations. Lastly, a 'qualified political advertisement' is one that includes AI-generated or -altered content.