Amended IN Senate July 11, 2019 Amended IN Senate June 11, 2019 Amended IN Assembly May 06, 2019 Amended IN Assembly April 22, 2019 Amended IN Assembly March 14, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 201Introduced by Assembly Members Cervantes and MullinJanuary 14, 2019 An act to amend Section 84502 of, and to add Section 84504.7 to, the Government Code, relating to the Political Reform Act of 1974. LEGISLATIVE COUNSEL'S DIGESTAB 201, as amended, Cervantes. Political Reform Act of 1974: campaign disclosure: text messages.The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing and activities. The act defines mass mailing to mean over two hundred substantially similar pieces of mail, and defines mass electronic mailing to mean sending more than 200 substantially similar pieces of electronic mail within a calendar month. The act prohibits a candidate or committee from sending a mass mailing or mass electronic mailing unless certain information regarding the source of the mailing is shown in or on the mailing, as specified. The act also regulates political advertisements. The act requires electronic media advertisements, other than email messages or internet websites, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, to comply with certain disclosure requirements. The act requires certain committees include a hyperlink to an internet website disclosing, among other things, the committees top contributors, as defined, in an electronic media advertisement.This bill would require a candidate or committee to include in certain text message advertisements the text Paid for by followed by or including a hyperlink or URL for an internet website containing certain disclosures. If including this text message disclosure would be impracticable or severely interfere with the candidate or committees ability to convey the intended message, the bill would instead permit the inclusion of a specified identification number in the text message. The bill would require a committee with top contributors, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, to include the text Top funders: followed by the names of the top two contributors of $50,000 or more to the committee paying for the advertisement, as specified, unless including this disclosure would be impracticable or severely interfere with the candidate or committees ability to convey the intended message. The bill would prescribe certain requirements for the color and size of the text in the text message and the disclosures on the internet website.Because a violation of the requirements of the bill would be a crime under an existing provision of the act, the bill would impose a state-mandated local program by expanding the definition of a crime.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.This bill would declare that it furthers the purposes of the act.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 84502 of the Government Code is amended to read:84502. (a) (1) Any advertisement paid for by a committee pursuant to subdivision (a) of Section 82013, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall include the words Ad paid for by followed by the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101.(2) Any advertisement paid for by a committee pursuant to subdivision (a) of Section 82013 that is a political party committee or a candidate controlled committee established for an elective office of the controlling candidate shall include the words Ad paid for by followed by the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101 if the advertisement is any of the following:(A) Paid for by an independent expenditure.(B) An advertisement supporting or opposing a ballot measure.(C) A radio or television advertisement.(D) A text message advertisement that is required to include a disclosure pursuant to Section 84504.7.(b) Any advertisement paid for by a committee pursuant to subdivision (b) or (c) of Section 82013 shall include the words Ad paid for by followed by the name that the filer is required to use on campaign statements pursuant to subdivision (o) of Section 84211.(c) Notwithstanding subdivisions (a) and (b), if an advertisement is a printed letter, internet website, text message, or email message, the text described in subdivisions (a) and (b) may include the words Paid for by instead of Ad paid for by.SEC. 2. Section 84504.7 is added to the Government Code, to read:84504.7. (a) A candidate or committee shall not authorize or pay for an advertisement that is a text message, unless the disclosure disclosures described in subdivision (b) is are made, if the text message meets one of the following conditions:(1) The text message supports or opposes a candidate.(2) The text message supports or opposes a ballot measure.(b) (1) A candidate or committee subject to subdivision (a) shall include the text Paid for by followed by or including a hyperlink or Uniform Resource Locator (URL) for an internet website containing the disclosures required by Sections 84502, 84503, and 84506.5. The text of the disclosures on the internet website shall be in a color that reasonably contrasts with the background on which it appears and in no less than eight-point font.(2) In addition to the hyperlink or URL required by paragraph (1), a committee subject to subdivision (a) that has top contributors, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall comply with the following:(A) Immediately following the hyperlink or URL required by paragraph (1), the text message shall also include the text Top funders: followed by the names of the top two contributors of fifty thousand dollars ($50,000) or more to the committee paying for the advertisement, separated by & or and.(B) The names of the top two contributors may be spelled using acronyms, abbreviations, or other shorthand in common usage or parlance. For example, USA may be used for United States of America, CA may be used for California, and Assoc. may be used for Association.(2)(3) If, because of the nature of the technology used to send the text message, the text message disclosure required by paragraph (1) (2) would be impracticable or would severely interfere with the candidate or committees ability to convey the intended message, the candidate or committee shall instead include the text Paid for by followed by the committee identification number of the candidate or committee paying for the advertisement. only the hyperlink or URL required by paragraph (1).(3)(4) The text Paid for by and the hyperlink or URL required by paragraph (1), or the text Paid for by and the committee identification number and the text Top funders: and the names of top contributors required by paragraph (2), shall be in a color that reasonably contrasts with the background on which it appears and in a size that is readable by the average viewer.(c) This section does not apply to a text message that is individually sent without the assistance of mass distribution technology, including a text messaging platform, if either of the following conditions is met: (1) The text message is sent by the candidate, the campaign manager, paid campaign staff, or individuals who are volunteers.(2) The text message is sent in response to a voter who replies to a text message from a candidate or committee.(d) An internet website that is hyperlinked as provided for in this section shall remain online and available to the public until 30 days after the date of the election in which the candidate or ballot measure supported or opposed by the advertisement was voted on.(e) (1) If an exchange consists of a sequence of multiple text messages sent on the same day, a candidate or committee shall be deemed in compliance with this section if the candidate or committee sends the disclosure disclosures required by subdivision (b) with the first text message in the sequence that meets one of the conditions of subdivision (a).(2) A candidate or committee shall be deemed in compliance with this section if the disclosure disclosures required by subdivision (b) is are included in the text message in the form the candidate or committee intended it to be sent, regardless of the form the carrier relayed it to the recipient.(3) A candidate or committee shall be deemed in compliance with paragraph (1) of subdivision (b) if the required hyperlink or URL is included in the text message, even if the recipients device is incapable of accessing the corresponding internet website.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SEC. 4. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
Amended IN Senate July 11, 2019 Amended IN Senate June 11, 2019 Amended IN Assembly May 06, 2019 Amended IN Assembly April 22, 2019 Amended IN Assembly March 14, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 201Introduced by Assembly Members Cervantes and MullinJanuary 14, 2019 An act to amend Section 84502 of, and to add Section 84504.7 to, the Government Code, relating to the Political Reform Act of 1974. LEGISLATIVE COUNSEL'S DIGESTAB 201, as amended, Cervantes. Political Reform Act of 1974: campaign disclosure: text messages.The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing and activities. The act defines mass mailing to mean over two hundred substantially similar pieces of mail, and defines mass electronic mailing to mean sending more than 200 substantially similar pieces of electronic mail within a calendar month. The act prohibits a candidate or committee from sending a mass mailing or mass electronic mailing unless certain information regarding the source of the mailing is shown in or on the mailing, as specified. The act also regulates political advertisements. The act requires electronic media advertisements, other than email messages or internet websites, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, to comply with certain disclosure requirements. The act requires certain committees include a hyperlink to an internet website disclosing, among other things, the committees top contributors, as defined, in an electronic media advertisement.This bill would require a candidate or committee to include in certain text message advertisements the text Paid for by followed by or including a hyperlink or URL for an internet website containing certain disclosures. If including this text message disclosure would be impracticable or severely interfere with the candidate or committees ability to convey the intended message, the bill would instead permit the inclusion of a specified identification number in the text message. The bill would require a committee with top contributors, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, to include the text Top funders: followed by the names of the top two contributors of $50,000 or more to the committee paying for the advertisement, as specified, unless including this disclosure would be impracticable or severely interfere with the candidate or committees ability to convey the intended message. The bill would prescribe certain requirements for the color and size of the text in the text message and the disclosures on the internet website.Because a violation of the requirements of the bill would be a crime under an existing provision of the act, the bill would impose a state-mandated local program by expanding the definition of a crime.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.This bill would declare that it furthers the purposes of the act.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Senate July 11, 2019 Amended IN Senate June 11, 2019 Amended IN Assembly May 06, 2019 Amended IN Assembly April 22, 2019 Amended IN Assembly March 14, 2019
Amended IN Senate July 11, 2019
Amended IN Senate June 11, 2019
Amended IN Assembly May 06, 2019
Amended IN Assembly April 22, 2019
Amended IN Assembly March 14, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill
No. 201
Introduced by Assembly Members Cervantes and MullinJanuary 14, 2019
Introduced by Assembly Members Cervantes and Mullin
January 14, 2019
An act to amend Section 84502 of, and to add Section 84504.7 to, the Government Code, relating to the Political Reform Act of 1974.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 201, as amended, Cervantes. Political Reform Act of 1974: campaign disclosure: text messages.
The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing and activities. The act defines mass mailing to mean over two hundred substantially similar pieces of mail, and defines mass electronic mailing to mean sending more than 200 substantially similar pieces of electronic mail within a calendar month. The act prohibits a candidate or committee from sending a mass mailing or mass electronic mailing unless certain information regarding the source of the mailing is shown in or on the mailing, as specified. The act also regulates political advertisements. The act requires electronic media advertisements, other than email messages or internet websites, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, to comply with certain disclosure requirements. The act requires certain committees include a hyperlink to an internet website disclosing, among other things, the committees top contributors, as defined, in an electronic media advertisement.This bill would require a candidate or committee to include in certain text message advertisements the text Paid for by followed by or including a hyperlink or URL for an internet website containing certain disclosures. If including this text message disclosure would be impracticable or severely interfere with the candidate or committees ability to convey the intended message, the bill would instead permit the inclusion of a specified identification number in the text message. The bill would require a committee with top contributors, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, to include the text Top funders: followed by the names of the top two contributors of $50,000 or more to the committee paying for the advertisement, as specified, unless including this disclosure would be impracticable or severely interfere with the candidate or committees ability to convey the intended message. The bill would prescribe certain requirements for the color and size of the text in the text message and the disclosures on the internet website.Because a violation of the requirements of the bill would be a crime under an existing provision of the act, the bill would impose a state-mandated local program by expanding the definition of a crime.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.This bill would declare that it furthers the purposes of the act.
The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing and activities. The act defines mass mailing to mean over two hundred substantially similar pieces of mail, and defines mass electronic mailing to mean sending more than 200 substantially similar pieces of electronic mail within a calendar month. The act prohibits a candidate or committee from sending a mass mailing or mass electronic mailing unless certain information regarding the source of the mailing is shown in or on the mailing, as specified. The act also regulates political advertisements. The act requires electronic media advertisements, other than email messages or internet websites, paid for by a committee, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, to comply with certain disclosure requirements. The act requires certain committees include a hyperlink to an internet website disclosing, among other things, the committees top contributors, as defined, in an electronic media advertisement.
This bill would require a candidate or committee to include in certain text message advertisements the text Paid for by followed by or including a hyperlink or URL for an internet website containing certain disclosures. If including this text message disclosure would be impracticable or severely interfere with the candidate or committees ability to convey the intended message, the bill would instead permit the inclusion of a specified identification number in the text message. The bill would require a committee with top contributors, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, to include the text Top funders: followed by the names of the top two contributors of $50,000 or more to the committee paying for the advertisement, as specified, unless including this disclosure would be impracticable or severely interfere with the candidate or committees ability to convey the intended message. The bill would prescribe certain requirements for the color and size of the text in the text message and the disclosures on the internet website.
Because a violation of the requirements of the bill would be a crime under an existing provision of the act, the bill would impose a state-mandated local program by expanding the definition of a crime.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the acts purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 84502 of the Government Code is amended to read:84502. (a) (1) Any advertisement paid for by a committee pursuant to subdivision (a) of Section 82013, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall include the words Ad paid for by followed by the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101.(2) Any advertisement paid for by a committee pursuant to subdivision (a) of Section 82013 that is a political party committee or a candidate controlled committee established for an elective office of the controlling candidate shall include the words Ad paid for by followed by the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101 if the advertisement is any of the following:(A) Paid for by an independent expenditure.(B) An advertisement supporting or opposing a ballot measure.(C) A radio or television advertisement.(D) A text message advertisement that is required to include a disclosure pursuant to Section 84504.7.(b) Any advertisement paid for by a committee pursuant to subdivision (b) or (c) of Section 82013 shall include the words Ad paid for by followed by the name that the filer is required to use on campaign statements pursuant to subdivision (o) of Section 84211.(c) Notwithstanding subdivisions (a) and (b), if an advertisement is a printed letter, internet website, text message, or email message, the text described in subdivisions (a) and (b) may include the words Paid for by instead of Ad paid for by.SEC. 2. Section 84504.7 is added to the Government Code, to read:84504.7. (a) A candidate or committee shall not authorize or pay for an advertisement that is a text message, unless the disclosure disclosures described in subdivision (b) is are made, if the text message meets one of the following conditions:(1) The text message supports or opposes a candidate.(2) The text message supports or opposes a ballot measure.(b) (1) A candidate or committee subject to subdivision (a) shall include the text Paid for by followed by or including a hyperlink or Uniform Resource Locator (URL) for an internet website containing the disclosures required by Sections 84502, 84503, and 84506.5. The text of the disclosures on the internet website shall be in a color that reasonably contrasts with the background on which it appears and in no less than eight-point font.(2) In addition to the hyperlink or URL required by paragraph (1), a committee subject to subdivision (a) that has top contributors, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall comply with the following:(A) Immediately following the hyperlink or URL required by paragraph (1), the text message shall also include the text Top funders: followed by the names of the top two contributors of fifty thousand dollars ($50,000) or more to the committee paying for the advertisement, separated by & or and.(B) The names of the top two contributors may be spelled using acronyms, abbreviations, or other shorthand in common usage or parlance. For example, USA may be used for United States of America, CA may be used for California, and Assoc. may be used for Association.(2)(3) If, because of the nature of the technology used to send the text message, the text message disclosure required by paragraph (1) (2) would be impracticable or would severely interfere with the candidate or committees ability to convey the intended message, the candidate or committee shall instead include the text Paid for by followed by the committee identification number of the candidate or committee paying for the advertisement. only the hyperlink or URL required by paragraph (1).(3)(4) The text Paid for by and the hyperlink or URL required by paragraph (1), or the text Paid for by and the committee identification number and the text Top funders: and the names of top contributors required by paragraph (2), shall be in a color that reasonably contrasts with the background on which it appears and in a size that is readable by the average viewer.(c) This section does not apply to a text message that is individually sent without the assistance of mass distribution technology, including a text messaging platform, if either of the following conditions is met: (1) The text message is sent by the candidate, the campaign manager, paid campaign staff, or individuals who are volunteers.(2) The text message is sent in response to a voter who replies to a text message from a candidate or committee.(d) An internet website that is hyperlinked as provided for in this section shall remain online and available to the public until 30 days after the date of the election in which the candidate or ballot measure supported or opposed by the advertisement was voted on.(e) (1) If an exchange consists of a sequence of multiple text messages sent on the same day, a candidate or committee shall be deemed in compliance with this section if the candidate or committee sends the disclosure disclosures required by subdivision (b) with the first text message in the sequence that meets one of the conditions of subdivision (a).(2) A candidate or committee shall be deemed in compliance with this section if the disclosure disclosures required by subdivision (b) is are included in the text message in the form the candidate or committee intended it to be sent, regardless of the form the carrier relayed it to the recipient.(3) A candidate or committee shall be deemed in compliance with paragraph (1) of subdivision (b) if the required hyperlink or URL is included in the text message, even if the recipients device is incapable of accessing the corresponding internet website.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SEC. 4. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 84502 of the Government Code is amended to read:84502. (a) (1) Any advertisement paid for by a committee pursuant to subdivision (a) of Section 82013, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall include the words Ad paid for by followed by the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101.(2) Any advertisement paid for by a committee pursuant to subdivision (a) of Section 82013 that is a political party committee or a candidate controlled committee established for an elective office of the controlling candidate shall include the words Ad paid for by followed by the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101 if the advertisement is any of the following:(A) Paid for by an independent expenditure.(B) An advertisement supporting or opposing a ballot measure.(C) A radio or television advertisement.(D) A text message advertisement that is required to include a disclosure pursuant to Section 84504.7.(b) Any advertisement paid for by a committee pursuant to subdivision (b) or (c) of Section 82013 shall include the words Ad paid for by followed by the name that the filer is required to use on campaign statements pursuant to subdivision (o) of Section 84211.(c) Notwithstanding subdivisions (a) and (b), if an advertisement is a printed letter, internet website, text message, or email message, the text described in subdivisions (a) and (b) may include the words Paid for by instead of Ad paid for by.
SECTION 1. Section 84502 of the Government Code is amended to read:
### SECTION 1.
84502. (a) (1) Any advertisement paid for by a committee pursuant to subdivision (a) of Section 82013, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall include the words Ad paid for by followed by the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101.(2) Any advertisement paid for by a committee pursuant to subdivision (a) of Section 82013 that is a political party committee or a candidate controlled committee established for an elective office of the controlling candidate shall include the words Ad paid for by followed by the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101 if the advertisement is any of the following:(A) Paid for by an independent expenditure.(B) An advertisement supporting or opposing a ballot measure.(C) A radio or television advertisement.(D) A text message advertisement that is required to include a disclosure pursuant to Section 84504.7.(b) Any advertisement paid for by a committee pursuant to subdivision (b) or (c) of Section 82013 shall include the words Ad paid for by followed by the name that the filer is required to use on campaign statements pursuant to subdivision (o) of Section 84211.(c) Notwithstanding subdivisions (a) and (b), if an advertisement is a printed letter, internet website, text message, or email message, the text described in subdivisions (a) and (b) may include the words Paid for by instead of Ad paid for by.
84502. (a) (1) Any advertisement paid for by a committee pursuant to subdivision (a) of Section 82013, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall include the words Ad paid for by followed by the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101.(2) Any advertisement paid for by a committee pursuant to subdivision (a) of Section 82013 that is a political party committee or a candidate controlled committee established for an elective office of the controlling candidate shall include the words Ad paid for by followed by the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101 if the advertisement is any of the following:(A) Paid for by an independent expenditure.(B) An advertisement supporting or opposing a ballot measure.(C) A radio or television advertisement.(D) A text message advertisement that is required to include a disclosure pursuant to Section 84504.7.(b) Any advertisement paid for by a committee pursuant to subdivision (b) or (c) of Section 82013 shall include the words Ad paid for by followed by the name that the filer is required to use on campaign statements pursuant to subdivision (o) of Section 84211.(c) Notwithstanding subdivisions (a) and (b), if an advertisement is a printed letter, internet website, text message, or email message, the text described in subdivisions (a) and (b) may include the words Paid for by instead of Ad paid for by.
84502. (a) (1) Any advertisement paid for by a committee pursuant to subdivision (a) of Section 82013, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall include the words Ad paid for by followed by the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101.(2) Any advertisement paid for by a committee pursuant to subdivision (a) of Section 82013 that is a political party committee or a candidate controlled committee established for an elective office of the controlling candidate shall include the words Ad paid for by followed by the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101 if the advertisement is any of the following:(A) Paid for by an independent expenditure.(B) An advertisement supporting or opposing a ballot measure.(C) A radio or television advertisement.(D) A text message advertisement that is required to include a disclosure pursuant to Section 84504.7.(b) Any advertisement paid for by a committee pursuant to subdivision (b) or (c) of Section 82013 shall include the words Ad paid for by followed by the name that the filer is required to use on campaign statements pursuant to subdivision (o) of Section 84211.(c) Notwithstanding subdivisions (a) and (b), if an advertisement is a printed letter, internet website, text message, or email message, the text described in subdivisions (a) and (b) may include the words Paid for by instead of Ad paid for by.
84502. (a) (1) Any advertisement paid for by a committee pursuant to subdivision (a) of Section 82013, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall include the words Ad paid for by followed by the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101.
(2) Any advertisement paid for by a committee pursuant to subdivision (a) of Section 82013 that is a political party committee or a candidate controlled committee established for an elective office of the controlling candidate shall include the words Ad paid for by followed by the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101 if the advertisement is any of the following:
(A) Paid for by an independent expenditure.
(B) An advertisement supporting or opposing a ballot measure.
(C) A radio or television advertisement.
(D) A text message advertisement that is required to include a disclosure pursuant to Section 84504.7.
(b) Any advertisement paid for by a committee pursuant to subdivision (b) or (c) of Section 82013 shall include the words Ad paid for by followed by the name that the filer is required to use on campaign statements pursuant to subdivision (o) of Section 84211.
(c) Notwithstanding subdivisions (a) and (b), if an advertisement is a printed letter, internet website, text message, or email message, the text described in subdivisions (a) and (b) may include the words Paid for by instead of Ad paid for by.
SEC. 2. Section 84504.7 is added to the Government Code, to read:84504.7. (a) A candidate or committee shall not authorize or pay for an advertisement that is a text message, unless the disclosure disclosures described in subdivision (b) is are made, if the text message meets one of the following conditions:(1) The text message supports or opposes a candidate.(2) The text message supports or opposes a ballot measure.(b) (1) A candidate or committee subject to subdivision (a) shall include the text Paid for by followed by or including a hyperlink or Uniform Resource Locator (URL) for an internet website containing the disclosures required by Sections 84502, 84503, and 84506.5. The text of the disclosures on the internet website shall be in a color that reasonably contrasts with the background on which it appears and in no less than eight-point font.(2) In addition to the hyperlink or URL required by paragraph (1), a committee subject to subdivision (a) that has top contributors, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall comply with the following:(A) Immediately following the hyperlink or URL required by paragraph (1), the text message shall also include the text Top funders: followed by the names of the top two contributors of fifty thousand dollars ($50,000) or more to the committee paying for the advertisement, separated by & or and.(B) The names of the top two contributors may be spelled using acronyms, abbreviations, or other shorthand in common usage or parlance. For example, USA may be used for United States of America, CA may be used for California, and Assoc. may be used for Association.(2)(3) If, because of the nature of the technology used to send the text message, the text message disclosure required by paragraph (1) (2) would be impracticable or would severely interfere with the candidate or committees ability to convey the intended message, the candidate or committee shall instead include the text Paid for by followed by the committee identification number of the candidate or committee paying for the advertisement. only the hyperlink or URL required by paragraph (1).(3)(4) The text Paid for by and the hyperlink or URL required by paragraph (1), or the text Paid for by and the committee identification number and the text Top funders: and the names of top contributors required by paragraph (2), shall be in a color that reasonably contrasts with the background on which it appears and in a size that is readable by the average viewer.(c) This section does not apply to a text message that is individually sent without the assistance of mass distribution technology, including a text messaging platform, if either of the following conditions is met: (1) The text message is sent by the candidate, the campaign manager, paid campaign staff, or individuals who are volunteers.(2) The text message is sent in response to a voter who replies to a text message from a candidate or committee.(d) An internet website that is hyperlinked as provided for in this section shall remain online and available to the public until 30 days after the date of the election in which the candidate or ballot measure supported or opposed by the advertisement was voted on.(e) (1) If an exchange consists of a sequence of multiple text messages sent on the same day, a candidate or committee shall be deemed in compliance with this section if the candidate or committee sends the disclosure disclosures required by subdivision (b) with the first text message in the sequence that meets one of the conditions of subdivision (a).(2) A candidate or committee shall be deemed in compliance with this section if the disclosure disclosures required by subdivision (b) is are included in the text message in the form the candidate or committee intended it to be sent, regardless of the form the carrier relayed it to the recipient.(3) A candidate or committee shall be deemed in compliance with paragraph (1) of subdivision (b) if the required hyperlink or URL is included in the text message, even if the recipients device is incapable of accessing the corresponding internet website.
SEC. 2. Section 84504.7 is added to the Government Code, to read:
### SEC. 2.
84504.7. (a) A candidate or committee shall not authorize or pay for an advertisement that is a text message, unless the disclosure disclosures described in subdivision (b) is are made, if the text message meets one of the following conditions:(1) The text message supports or opposes a candidate.(2) The text message supports or opposes a ballot measure.(b) (1) A candidate or committee subject to subdivision (a) shall include the text Paid for by followed by or including a hyperlink or Uniform Resource Locator (URL) for an internet website containing the disclosures required by Sections 84502, 84503, and 84506.5. The text of the disclosures on the internet website shall be in a color that reasonably contrasts with the background on which it appears and in no less than eight-point font.(2) In addition to the hyperlink or URL required by paragraph (1), a committee subject to subdivision (a) that has top contributors, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall comply with the following:(A) Immediately following the hyperlink or URL required by paragraph (1), the text message shall also include the text Top funders: followed by the names of the top two contributors of fifty thousand dollars ($50,000) or more to the committee paying for the advertisement, separated by & or and.(B) The names of the top two contributors may be spelled using acronyms, abbreviations, or other shorthand in common usage or parlance. For example, USA may be used for United States of America, CA may be used for California, and Assoc. may be used for Association.(2)(3) If, because of the nature of the technology used to send the text message, the text message disclosure required by paragraph (1) (2) would be impracticable or would severely interfere with the candidate or committees ability to convey the intended message, the candidate or committee shall instead include the text Paid for by followed by the committee identification number of the candidate or committee paying for the advertisement. only the hyperlink or URL required by paragraph (1).(3)(4) The text Paid for by and the hyperlink or URL required by paragraph (1), or the text Paid for by and the committee identification number and the text Top funders: and the names of top contributors required by paragraph (2), shall be in a color that reasonably contrasts with the background on which it appears and in a size that is readable by the average viewer.(c) This section does not apply to a text message that is individually sent without the assistance of mass distribution technology, including a text messaging platform, if either of the following conditions is met: (1) The text message is sent by the candidate, the campaign manager, paid campaign staff, or individuals who are volunteers.(2) The text message is sent in response to a voter who replies to a text message from a candidate or committee.(d) An internet website that is hyperlinked as provided for in this section shall remain online and available to the public until 30 days after the date of the election in which the candidate or ballot measure supported or opposed by the advertisement was voted on.(e) (1) If an exchange consists of a sequence of multiple text messages sent on the same day, a candidate or committee shall be deemed in compliance with this section if the candidate or committee sends the disclosure disclosures required by subdivision (b) with the first text message in the sequence that meets one of the conditions of subdivision (a).(2) A candidate or committee shall be deemed in compliance with this section if the disclosure disclosures required by subdivision (b) is are included in the text message in the form the candidate or committee intended it to be sent, regardless of the form the carrier relayed it to the recipient.(3) A candidate or committee shall be deemed in compliance with paragraph (1) of subdivision (b) if the required hyperlink or URL is included in the text message, even if the recipients device is incapable of accessing the corresponding internet website.
84504.7. (a) A candidate or committee shall not authorize or pay for an advertisement that is a text message, unless the disclosure disclosures described in subdivision (b) is are made, if the text message meets one of the following conditions:(1) The text message supports or opposes a candidate.(2) The text message supports or opposes a ballot measure.(b) (1) A candidate or committee subject to subdivision (a) shall include the text Paid for by followed by or including a hyperlink or Uniform Resource Locator (URL) for an internet website containing the disclosures required by Sections 84502, 84503, and 84506.5. The text of the disclosures on the internet website shall be in a color that reasonably contrasts with the background on which it appears and in no less than eight-point font.(2) In addition to the hyperlink or URL required by paragraph (1), a committee subject to subdivision (a) that has top contributors, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall comply with the following:(A) Immediately following the hyperlink or URL required by paragraph (1), the text message shall also include the text Top funders: followed by the names of the top two contributors of fifty thousand dollars ($50,000) or more to the committee paying for the advertisement, separated by & or and.(B) The names of the top two contributors may be spelled using acronyms, abbreviations, or other shorthand in common usage or parlance. For example, USA may be used for United States of America, CA may be used for California, and Assoc. may be used for Association.(2)(3) If, because of the nature of the technology used to send the text message, the text message disclosure required by paragraph (1) (2) would be impracticable or would severely interfere with the candidate or committees ability to convey the intended message, the candidate or committee shall instead include the text Paid for by followed by the committee identification number of the candidate or committee paying for the advertisement. only the hyperlink or URL required by paragraph (1).(3)(4) The text Paid for by and the hyperlink or URL required by paragraph (1), or the text Paid for by and the committee identification number and the text Top funders: and the names of top contributors required by paragraph (2), shall be in a color that reasonably contrasts with the background on which it appears and in a size that is readable by the average viewer.(c) This section does not apply to a text message that is individually sent without the assistance of mass distribution technology, including a text messaging platform, if either of the following conditions is met: (1) The text message is sent by the candidate, the campaign manager, paid campaign staff, or individuals who are volunteers.(2) The text message is sent in response to a voter who replies to a text message from a candidate or committee.(d) An internet website that is hyperlinked as provided for in this section shall remain online and available to the public until 30 days after the date of the election in which the candidate or ballot measure supported or opposed by the advertisement was voted on.(e) (1) If an exchange consists of a sequence of multiple text messages sent on the same day, a candidate or committee shall be deemed in compliance with this section if the candidate or committee sends the disclosure disclosures required by subdivision (b) with the first text message in the sequence that meets one of the conditions of subdivision (a).(2) A candidate or committee shall be deemed in compliance with this section if the disclosure disclosures required by subdivision (b) is are included in the text message in the form the candidate or committee intended it to be sent, regardless of the form the carrier relayed it to the recipient.(3) A candidate or committee shall be deemed in compliance with paragraph (1) of subdivision (b) if the required hyperlink or URL is included in the text message, even if the recipients device is incapable of accessing the corresponding internet website.
84504.7. (a) A candidate or committee shall not authorize or pay for an advertisement that is a text message, unless the disclosure disclosures described in subdivision (b) is are made, if the text message meets one of the following conditions:(1) The text message supports or opposes a candidate.(2) The text message supports or opposes a ballot measure.(b) (1) A candidate or committee subject to subdivision (a) shall include the text Paid for by followed by or including a hyperlink or Uniform Resource Locator (URL) for an internet website containing the disclosures required by Sections 84502, 84503, and 84506.5. The text of the disclosures on the internet website shall be in a color that reasonably contrasts with the background on which it appears and in no less than eight-point font.(2) In addition to the hyperlink or URL required by paragraph (1), a committee subject to subdivision (a) that has top contributors, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall comply with the following:(A) Immediately following the hyperlink or URL required by paragraph (1), the text message shall also include the text Top funders: followed by the names of the top two contributors of fifty thousand dollars ($50,000) or more to the committee paying for the advertisement, separated by & or and.(B) The names of the top two contributors may be spelled using acronyms, abbreviations, or other shorthand in common usage or parlance. For example, USA may be used for United States of America, CA may be used for California, and Assoc. may be used for Association.(2)(3) If, because of the nature of the technology used to send the text message, the text message disclosure required by paragraph (1) (2) would be impracticable or would severely interfere with the candidate or committees ability to convey the intended message, the candidate or committee shall instead include the text Paid for by followed by the committee identification number of the candidate or committee paying for the advertisement. only the hyperlink or URL required by paragraph (1).(3)(4) The text Paid for by and the hyperlink or URL required by paragraph (1), or the text Paid for by and the committee identification number and the text Top funders: and the names of top contributors required by paragraph (2), shall be in a color that reasonably contrasts with the background on which it appears and in a size that is readable by the average viewer.(c) This section does not apply to a text message that is individually sent without the assistance of mass distribution technology, including a text messaging platform, if either of the following conditions is met: (1) The text message is sent by the candidate, the campaign manager, paid campaign staff, or individuals who are volunteers.(2) The text message is sent in response to a voter who replies to a text message from a candidate or committee.(d) An internet website that is hyperlinked as provided for in this section shall remain online and available to the public until 30 days after the date of the election in which the candidate or ballot measure supported or opposed by the advertisement was voted on.(e) (1) If an exchange consists of a sequence of multiple text messages sent on the same day, a candidate or committee shall be deemed in compliance with this section if the candidate or committee sends the disclosure disclosures required by subdivision (b) with the first text message in the sequence that meets one of the conditions of subdivision (a).(2) A candidate or committee shall be deemed in compliance with this section if the disclosure disclosures required by subdivision (b) is are included in the text message in the form the candidate or committee intended it to be sent, regardless of the form the carrier relayed it to the recipient.(3) A candidate or committee shall be deemed in compliance with paragraph (1) of subdivision (b) if the required hyperlink or URL is included in the text message, even if the recipients device is incapable of accessing the corresponding internet website.
84504.7. (a) A candidate or committee shall not authorize or pay for an advertisement that is a text message, unless the disclosure disclosures described in subdivision (b) is are made, if the text message meets one of the following conditions:
(1) The text message supports or opposes a candidate.
(2) The text message supports or opposes a ballot measure.
(b) (1) A candidate or committee subject to subdivision (a) shall include the text Paid for by followed by or including a hyperlink or Uniform Resource Locator (URL) for an internet website containing the disclosures required by Sections 84502, 84503, and 84506.5. The text of the disclosures on the internet website shall be in a color that reasonably contrasts with the background on which it appears and in no less than eight-point font.
(2) In addition to the hyperlink or URL required by paragraph (1), a committee subject to subdivision (a) that has top contributors, other than a political party committee or a candidate controlled committee established for an elective office of the controlling candidate, shall comply with the following:
(A) Immediately following the hyperlink or URL required by paragraph (1), the text message shall also include the text Top funders: followed by the names of the top two contributors of fifty thousand dollars ($50,000) or more to the committee paying for the advertisement, separated by & or and.
(B) The names of the top two contributors may be spelled using acronyms, abbreviations, or other shorthand in common usage or parlance. For example, USA may be used for United States of America, CA may be used for California, and Assoc. may be used for Association.
(2)
(3) If, because of the nature of the technology used to send the text message, the text message disclosure required by paragraph (1) (2) would be impracticable or would severely interfere with the candidate or committees ability to convey the intended message, the candidate or committee shall instead include the text Paid for by followed by the committee identification number of the candidate or committee paying for the advertisement. only the hyperlink or URL required by paragraph (1).
(3)
(4) The text Paid for by and the hyperlink or URL required by paragraph (1), or the text Paid for by and the committee identification number and the text Top funders: and the names of top contributors required by paragraph (2), shall be in a color that reasonably contrasts with the background on which it appears and in a size that is readable by the average viewer.
(c) This section does not apply to a text message that is individually sent without the assistance of mass distribution technology, including a text messaging platform, if either of the following conditions is met:
(1) The text message is sent by the candidate, the campaign manager, paid campaign staff, or individuals who are volunteers.
(2) The text message is sent in response to a voter who replies to a text message from a candidate or committee.
(d) An internet website that is hyperlinked as provided for in this section shall remain online and available to the public until 30 days after the date of the election in which the candidate or ballot measure supported or opposed by the advertisement was voted on.
(e) (1) If an exchange consists of a sequence of multiple text messages sent on the same day, a candidate or committee shall be deemed in compliance with this section if the candidate or committee sends the disclosure disclosures required by subdivision (b) with the first text message in the sequence that meets one of the conditions of subdivision (a).
(2) A candidate or committee shall be deemed in compliance with this section if the disclosure disclosures required by subdivision (b) is are included in the text message in the form the candidate or committee intended it to be sent, regardless of the form the carrier relayed it to the recipient.
(3) A candidate or committee shall be deemed in compliance with paragraph (1) of subdivision (b) if the required hyperlink or URL is included in the text message, even if the recipients device is incapable of accessing the corresponding internet website.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 3.
SEC. 4. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
SEC. 4. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
SEC. 4. The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.
### SEC. 4.