Legislative record

Political Reform Act of 1974: campaign disclosures.

Existing law, the Political Reform Act of 1974, requires a person paid by a committee to post content supporting or opposing a candidate or ballot measure on an internet website, web application, or digital application to include a disclaimer stating that they were paid by the committee in connection with the post, except as specified. Existing law requires the committee to notify the person paid to post the content of this requirement. Existing law authorizes the Fair Political Practices Commission to seek injunctive relief to compel compliance with this disclaimer requirement. Existing law exempts a person who violates the disclaimer requirement from administrative, civil, and criminal penalties established by the act. This bill would remove the exemption for administrative, civil, and criminal penalties and instead provide that if the required disclaimer is not included, the person paid to post the content and the committee who paid them are jointly and severally liable for any administrative or civil penalties incurred for the violation. The bill would require the committee to inform the person that failure to include the disclaimer may result in penalties under the Political Reform Act of 1974. The bill would also require the committee to include a statement on their campaign report, as specified, that the payment was provided for a paid thirty-party post. A violation of the Political Reform Act of 1974 is punishable as a misdemeanor. By creating a new crime under the act, the bill would establish a state-mandated local program. 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 act's purposes upon a 23 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.