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AB-1217 Political Reform Act of 1974: electioneering and issue lobbying communications: disclosures.(2019-2020)

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Date Published: 08/14/2019 09:00 PM
AB1217:v94#DOCUMENT

Amended  IN  Senate  August 14, 2019
Amended  IN  Senate  July 08, 2019
Amended  IN  Assembly  April 29, 2019
Amended  IN  Assembly  April 22, 2019
Amended  IN  Assembly  April 03, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1217


Introduced by Assembly Member Mullin
(Principal coauthor: Senator Allen)
(Coauthors: Assembly Members Aguiar-Curry, Berman, Chiu, Gabriel, Cristina Garcia, Grayson, Mayes, and Ting Ting, and Wood)
(Coauthors: Senators Dodd, Hertzberg, Hill, Portantino, Wieckowski, and Wiener)

February 21, 2019


An act to add Article 6 (commencing with Section 84551) to Chapter 4 of Title 9 of the Government Code, relating to the Political Reform Act of 1974, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 1217, as amended, Mullin. Political Reform Act of 1974: electioneering and issue lobbying communications: disclosures.
The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing and activities. Among other things, the act requires specified disclosures in advertisements regarding the source of the advertisement. The act defines “advertisement” for these purposes to mean a general or public communication that is authorized and paid for by a committee for the purpose of supporting or opposing a candidate or candidates for elective office or a ballot measure or ballot measures. The act also requires certain advertisements paid for by certain committees to disclose the names of the top contributors, which is defined for these purposes to mean the persons from whom the committee paying for an advertisement has received its three highest cumulative contributions of $50,000 or more.
This bill would require a person who qualifies as a “major political communicator,” as defined, makes payments of $10,000 dollars or more for “electioneering communications” or “issue lobbying communications to make specified disclosures in connection with “electioneering communications” and “issue lobbying communications.” those communications. The bill would define “electioneering communication” to mean any general or public communication that refers to one or more clearly identified candidates clearly identifies a candidate for elective state office, but does not expressly advocate for the election or defeat of the candidate or candidates, candidate, and that is disseminated, broadcast, or otherwise communicated distributed, or published during a specified period before an election. It would define “issue lobbying communication” to mean any general or public communication that clearly refers to and reflects a view on the subject matter, description, or name of one or more clearly identified pending state legislative actions, administrative actions, or ballot measures, or administrative actions, and that meets other specified criteria. The bill would require a major political communicator to also disclose the names of its “top funders,” as defined, in specified cases, and to maintain records to permit verification of the top funders. The bill would also require a person who makes payments for electioneering or issue lobbying communications to disclose the names of the persons providing the funding for those payments, as specified, and to maintain records to verify the accuracy of the required disclosures.
Because a violation of the act is punishable as a misdemeanor, this bill would impose 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 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.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 This act shall be known and may be cited as the Issue Ad DISCLOSE Act.
SEC. 2.

The Legislature finds and declares all of the following:

(a)An ever-increasing amount of funds is spent on electioneering communications that refer to clearly identified candidates for elective office, bypassing requirements for disclosure on independent expenditure advertisements and depriving the electorate of information about the sources of election-related spending.

(b)An ever-increasing amount of funds is spent on issue lobbying communications that lobby elected officials by referring to legislative actions and administrative actions and that appeal directly to the elected officials to take legislative action or that appeal to other recipients of the communications to take action by contacting employees or elected officials of state and local governments.

(c)The entities that pay for electioneering communications and issue lobbying communications often hide the identify of their funders behind dubious and misleading names, or do not disclose the identity of their funders on the communications at all.

(d)Disclosing who or what interests are paying for electioneering communications and issue lobbying communications will help recipients be able to better evaluate the arguments that the communications are making about the candidates, legislative actions, administrative actions, or ballot measures they refer to and are implicitly or explicitly asking the recipients to take action on.

SEC. 3.SEC. 2.

 Article 6 (commencing with Section 84551) is added to Chapter 4 of Title 9 of the Government Code, to read:
Article  6. Disclosure in Political Electioneering and Issue Lobbying Communications

84551.
 For purposes of this article, the following definitions apply:
(a) (1) “Electioneering communication” means any general or public communication that refers to one or more clearly identified candidates for elective office, clearly identifies a candidate for elective state office, but does not expressly advocate for the election or defeat of the candidate or candidates, candidate, and that is disseminated, broadcast, or otherwise communicated during the period beginning 60 days before a general or special election or 30 days before a primary election concerning the candidate or candidates. distributed, or published during the period beginning 45 days before an election.
(2) “Electioneering communication” does not include any of the following:
(A) An “issue lobbying communication,” as defined in subdivision (b).
(B) An “advertisement,” as defined in subdivision (a) of Section 84501.
(C) A communication made by a candidate or candidate controlled committee.
(D) A communication from an organization, other than a political party, to its members.
(E) An organization’s regularly published newsletter or periodical.
(F) An electronic media communication from an organization to persons who have opted in or asked to receive messages from the organization, including email messages or text messages. This subparagraph does not apply to a customer who has opted in to receive communications from a provider of goods or services, unless the customer has provided express approval to receive political messages from that provider of goods or services.
(G) A communication that clearly identifies a candidate for elective state office for purposes of featuring the candidate’s endorsement, support, or opposition to another candidate or ballot measure.
(H) A communication directed to voters or potential voters as part of voter registration activities or activities encouraging or assisting persons to vote.
(I) A news story, commentary, or an editorial communicated by any broadcasting station, including a cable television operator programmer or producer, website, or regularly published newspaper, magazine, or other periodical of general circulation, including any internet or electronic publication, that routinely carries news and commentary of general interest.
(J) A communication paid for or disseminated by a government agency.
(K) Wearing apparel, sky writing, small promotional items such as buttons, pins, key chains, and any other type of communication for which inclusion of the disclosures required by Section 84552 would be impracticable or would interfere with a person’s ability to convey the intended message.
(L) A communication soliciting a behested payment for charitable, legislative, or governmental purposes as defined in paragraphs (4) and (5) of subdivision (c) of Section 82004.5.
(M) Any other similar communication determined by regulations adopted by the Commission.
(b) (1) “Issue lobbying communication” means any general or public communication that clearly refers to and reflects a view on the subject matter, description, or name of one or more clearly identified pending state legislative actions, administrative actions, or ballot measures, or administrative actions, and does any of the following:

(1)Can only be reasonably interpreted as an appeal for an elected official of the state government or any local government to take legislative action.

(2)Can only be reasonably interpreted as an appeal for the recipient of the communication to take action by contacting an employee or elected official of the state government or any local government or encouraging others to contact those persons.

(3)Refers to one or more clearly identified pending legislative actions and is disseminated, broadcast, or otherwise communicated within 60 days of the end of the legislative session.

(4)Refers to one or more clearly identified ballot measures and is disseminated, broadcast, or otherwise communicated within 60 days of the election concerning that measure or measures.

(c)“Lobbying-available donation” means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment, except to the extent that full and adequate consideration is received or if it is clear from the surrounding circumstances that the payment is not made for lobbying purposes. “Lobbying-available donation” does not include either of the following:

(1)Donations from a donor who designates or restricts the donation for purposes other than for lobbying or political communications.

(2)Donations from a donor who prohibits the multipurpose organization’s use of its donation for lobbying or political communications.

(d)“Lobbying donor” means the person who made the lobbying-available donation, unless the donation was earmarked for lobbying for a clearly identified pending legislative action, administrative action, or candidate, in which case the “lobbying donor” is the person who earmarked the lobbying-available donation.

(e)“Major political communicator” means a person who has made payments for political communications totaling ten thousand dollars ($10,000) or more in a calendar year.

(f)“Major political communicator name” means:

(1)For a committee, as defined by subdivision (a) of Section 82013, the name of the committee as it appears on the most recent statement of organization.

(2)For a committee, as defined by subdivision (b) or (c) of Section 82013, the name that the filer is required to use on campaign statements pursuant to subdivision (o) of Section 84211.

(3)For a major political communicator that is not a committee, the name of the major political communicator.

(g)“Nondonor funds” means investment income, including capital gains, or income earned from providing goods, services, or facilities, whether related or unrelated to the multipurpose organization’s program, sale of assets, or other receipts that are not donations.

(h)(1)“Political communication” means any general or public communication that is an electioneering communication or an issue lobbying communication.

(2)“Political communication” does not include any of the following:

(A)A communication from an organization, other than a political party, to its members.

(B)An electronic media communication addressed to recipients, such as email messages or text messages, from an organization to persons who have opted in or asked to receive messages from the organization. This subparagraph does not apply to a customer who has opted in to receive communications from a provider of goods or services, unless the customer has provided express approval to receive political messages from that provider of goods or services.

(C)Any communication that was solicited by the recipient, including, but not limited to, acknowledgments for contributions or information that the recipient communicated to the organization, or responses to an electronic message sent by the recipient to the same mobile number or email address.

(D)A campaign button smaller than 10 inches in diameter; a bumper sticker smaller than 60 square inches; or a small tangible promotional item, such as a pen, pin, or key chain, upon which the disclosure required cannot be conveniently printed or displayed.

(E)Wearing apparel.

(F)Sky writing.

(G)Any other type of communication, as determined by regulations of the Commission, for which inclusion of the disclosures required by Sections 84552 to 84559, inclusive, is impracticable or would severely interfere with the major political communicator’s ability to convey the intended message due to the nature of the technology used to make the communication.

(i)“Small donor funds” means donations from lobbying donors who made cumulative donations of less than one thousand dollars ($1,000) beginning 12 months before the date of the payment and ending seven days before the time the communication is sent to the printer or broadcaster.

(j)(1)“Top funders” of a major political communicator that is a committee means the persons from whom the committee paying for a political communication has received its three highest cumulative contributions of ten thousand dollars ($10,000) or more beginning 12 months before the date of the payment and ending seven days before the time the communication is sent to the printer or broadcaster.

(2)“Top funders” of a major political communicator that is not a committee, but that has made payments for political communications totaling ten thousand dollars ($10,000) or more in a calendar year, and that did not make the payments using only available nondonor or small donor funds, means the lobbying donors from whom the major political communicator has received its three highest cumulative lobbying-available donations of ten thousand dollars ($10,000) or more beginning 12 months before the date of the payment and ending seven days before the time the communication is sent to the printer or broadcaster. A major political communicator that makes political communications using only available nondonor or small donor funds has no top funders.

(3)A tie between two or more funders qualifying as top funders shall be resolved by determining the funder who made the most recent contribution or lobbying-available donation to the major political communicator, in which case the most recent funder shall be listed before any other funder of the same amount.

(A) Solicits or urges other persons to communicate directly with an elected state officer or state official for purposes of attempting to influence state legislative or administrative action.
(B) Can only be reasonably interpreted as an appeal for an elected state officer or state official to take state legislative or administrative action.
(C) Refers to a state legislative action and is disseminated, broadcast, or otherwise communicated during the period beginning 60 days before the end of the legislative session.
(2) “Issue lobbying communication” does not include any of the following:
(A) An “electioneering communication,” as defined in subdivision (a).
(B) An “advertisement,” as defined in subdivision (a) of Section 84501.
(C) A communication made by a candidate or candidate controlled committee.
(D) A communication from an organization, other than a political party, to its members.
(E) An organization’s regularly published newsletter or periodical.
(F) An electronic media communication from an organization to persons who have opted in or asked to receive messages from the organization, including email messages or text messages. This subparagraph does not apply to a customer who has opted in to receive communications from a provider of goods or services, unless the customer has provided express approval to receive political messages from that provider of goods or services.
(G) A communication that clearly identifies a candidate for elective state office for purposes of featuring the candidate’s endorsement, support, or opposition to another candidate or ballot measure.
(H) A communication directed to voters or potential voters as part of voter registration activities or activities encouraging or assisting persons to vote.
(I) A news story, commentary, or an editorial communicated by any broadcasting station, including a cable television operator programmer or producer, website, or regularly published newspaper, magazine, or other periodical of general circulation, including any internet or electronic publication, that routinely carries news and commentary of general interest.
(J) A communication paid for or disseminated by a government agency.
(K) Wearing apparel, sky writing, small promotional items such as buttons, pins, key chains, and any other type of communication for which inclusion of the disclosures required by Section 84556 would be impracticable or would interfere with a person’s ability to convey the intended message.
(L) A communication soliciting a behested payment for charitable, legislative, or governmental purposes as defined in paragraphs (4) and (5) of subdivision (c) of Section 82004.5.
(M) Any other similar communication determined by regulations adopted by the Commission.

84552.

(a)Any political communication paid for by a major political communicator shall include the words “Ad paid for by” followed by the major political communicator name.

(b)Notwithstanding subdivision (a), if a political communication is a printed letter, internet website, or email message, the text described in subdivision (a) may include the words “Paid for by” instead of “Ad paid for by.”

84553.

(a)Any political communication paid for by a major political communicator that has top funders shall include the words “major funding from” followed by the names of the top funders of the major political communicator. If fewer than three funders qualify as top funders, only those funders that qualify shall be disclosed pursuant to this section.

(b)The disclosure of a top funder pursuant to this section need not include terms such as “incorporated,” “committee,” “political action committee,” or “corporation,” or abbreviations of these terms, unless the term is part of the funder’s name in common usage or parlance.

(c)If this article requires the disclosure of the name of a top funder that is a committee pursuant to subdivision (a) of Section 82013 and is a sponsored committee pursuant to Section 82048.7 with a single sponsor, only the name of the single sponsoring organization shall be disclosed.

(d)This section does not apply to political party committees and candidate controlled committees.

84554.

(a)A political communication paid for by a major political communicator that is disseminated over the radio or by telephonic means shall include the disclosures required by Sections 84552, 84553, and 84556.5 at the beginning or end of the political communication, read in a clearly spoken manner and in a pitch and tone substantially similar to the rest of the communication, and shall last no less than three seconds.

(b)Notwithstanding the definition of “top funders” in subdivision (j) of Section 84551, radio and prerecorded telephonic political communications shall disclose only the top two funders unless the political communication lasts 15 seconds or less or the disclosure statement would last more than eight seconds, in which case only the single top funder shall be disclosed.

84554.1.

(a)A political communication paid for by a major political communicator that is disseminated as a video, including political communications on television and videos disseminated over the internet, shall include the disclosures required by Sections 84552, 84553, and 84556.5 at the beginning or end of the political communication.

(b)The disclosure required by subdivision (a) shall be written and displayed for at least five seconds of a broadcast of 30 seconds or less or for at least 10 seconds of a broadcast that lasts longer than 30 seconds.

(1)The written disclosure required by subdivision (a) shall appear on a solid black background on the entire bottom one-third of the television or video display screen, or bottom one-fourth of the screen if the major political communicator does not have or is otherwise not required to list top funders, and shall be in a contrasting color in Arial equivalent type, and the type size for the smallest letters in the written disclosure shall be 4 percent of the height of the television or video display screen. The top funders, if any, shall each be disclosed on a separate horizontal line separate from any other text, in descending order, beginning with the top funder who made the largest cumulative lobbying-available donations on the first line. All disclosure text shall be centered horizontally in the disclosure area. If there are any top funders, the written disclosures shall be underlined in a manner clearly visible to the average viewer, except for the names of the top funders, if any.

(2)The name of the top funder shall not have its type condensed or have the spacing between characters reduced to be narrower than a normal noncondensed Arial equivalent type, unless doing so is necessary to keep the name of the top funder from exceeding the width of the screen.

(c)A political communication paid for by a major political communicator that is subject to Section 84556.5 shall include the appropriate statement from Section 84556.5 in the solid black background described in paragraph (1) of subdivision (b) below all other text required to appear in that area in a contrasting color and in Arial equivalent type no less than 2.5 percent of the height of the television or video display screen. If including this statement causes the disclosures to exceed one-third of the television or video display screen, then it may instead be printed immediately above the background with sufficient contrast that is easily readable by the average viewer.

84554.2.

(a)A political communication that is printed to be individually distributed, including, but not limited to, a mailer, flyer, or door hanger, that is paid for by a major political communicator, shall include the disclosures required by Sections 84552, 84553, and 84556.5, displayed as follows:

(1)The disclosure area shall have a solid white background and shall be in a printed or drawn box on the bottom of at least one page that is set apart from any other printed matter. All text in the disclosure area shall be in contrasting color and centered horizontally in the disclosure area.

(2)The text shall be in an Arial equivalent type with a type size of at least 10-point.

(3)The top of the disclosure area shall include the disclosure required by Sections 84552 and 84553. The text of the disclosure shall be underlined if there are any top funders.

(4)The top funders, if any, shall each be disclosed on a separate horizontal line separate from any other text, in descending order, beginning with the top funder who made the largest lobbying-available donations on the first line. The name of each of the top funders shall be centered horizontally in the disclosure area and shall not be underlined. The names of the top funders shall not be printed in a type that is condensed to be narrower than a normal non-condensed Arial equivalent type.

(5)The disclosure required by Section 84556.5, if any, shall be underlined and on a separate line below any of the top funders.

(6)Notwithstanding the definition of “top funders” in subdivision (j) of Section 84551, newspaper, magazine, or other public print communications that are 20 square inches or less shall be required to disclose only the single top funder.

(b)A political communication that is printed larger than those designed to be individually distributed, including, but not limited to, a yard sign or billboard, including electronic billboards, paid for by a major political communicator, shall include the disclosures pursuant to Section 84552, 84553, and 84556.5 in a printed or drawn box with a solid white background on the bottom of the communication that is set apart from any other printed matter. Each line of the written disclosures shall be in a contrasting color in Arial equivalent type no less than 5 percent of the height of the communication, and shall not be condensed to be narrower than a normal non-condensed Arial equivalent type.

84554.3.

(a)This section applies to an electronic media political communication paid for by a major political communicator.

(b)An electronic media political communication paid for by a major political communicator that is a graphic, image, animated graphic, or animated image that the online platform hosting the political communication allows to link to an internet website, shall comply with both of the following:

(1)Include the text “Who funded this ad?,” “Paid for by,” or “Ad Paid for by” in a contrasting color and a font size that is easily readable by the average viewer for the duration of the political communication.

(2)The text shall be included or displayed as a hyperlink, icon, button, or tab to an internet website containing the disclosures required by Sections 84552, 84553, and 84556.5, in a contrasting color and in no less than 8-point font.

(c)The text required by paragraph (1) of subdivision (b) is not required if including the language in an 8-point font would take up more than one-third of the graphic or image. In those circumstances, the political communication need only include a hyperlink to an internet website containing the disclosures required by Sections 84552, 84553, and 84556.5.

(d)An email message or internet website paid for by a major political communicator shall include the disclosures required by Sections 84552, 84553, and 84556.5, printed clearly and legibly in a contrasting color and in no less than 8-point font at the top or bottom of the email message, or at the top or bottom of every publicly accessible page of the internet website, as applicable.

(e)An internet website that is linked as provided for in paragraph (2) of subdivision (b) shall remain online and available to the public until 30 days after the date in which the candidate, ballot measure, or legislative action referred to by the communication had its final vote or, in the case of an administrative action, after the final date the administrative action was finalized.

(f)A political communication made via a form of electronic media that is audio only and therefore cannot include either of the disclosures in subdivision (b) shall comply with the disclosure requirements for radio political communications in Section 84554.

(g)An electronic media political communication that is disseminated as a video shall comply with the disclosure requirements of 84554.1. If the video is longer than 30 seconds, the disclosures required by Sections 84554.1 shall be made at the beginning of the political communication.

(h)(1)A political communication made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, shall only be required to include the disclosures required by Sections 84552, 84553, and 84556.5, in a contrasting color that is easily readable by the average viewer and in no less than 10-point font on the cover or header photo of the major political communicator’s profile, landing page, or similar location and shall not be required to include the disclosure required by subdivision (b) on each individual post, comment, or other similar communication. The disclosures specified in this subdivision shall be fully visible on the cover or header photo when the profile, landing page, or similar location is viewed from any electronic device that is commonly used to view this form of electronic media. media, including, but not limited to, a computer screen, laptop, tablet, or smart phone.

(2)Notwithstanding paragraph (1), if making the disclosures specified in paragraph (1) fully visible on a commonly used electronic device would be impracticable, the cover or header photo of the profile, landing page, or similar location need only include a hyperlink, icon, button, or tab to an internet website containing the disclosures specified in paragraph (1).

(3)The disclosures required by this section do not apply to political communications made via social media for which the only expense or cost of the communication is compensated staff time unless the social media account where the content is posted was created only for the purpose of political communications governed by this title.

84554.6.

(a)For purposes of this article, the following terms have the following meanings:

(1)”Online platform” means a public-facing internet website, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements directly to advertisers. A public-facing internet website, web application, or digital application is not an online platform for purposes of this article to the extent that it displays advertisements that are sold directly to advertisers through another online platform.

(2)(A)“Online platform disclosed political communication” means either of the following:

(i)A paid electronic media political communication on an online platform made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, for which the committee pays the online platform, unless all paid electronic media political communications on the platform are video political communications that can comply with Section 84554.1. Individual posts, comments, or other similar communications are not considered online platform disclosed political communications if they are posted without payment to the online platform.

(ii)A paid electronic media political communication on an online platform that is not any of the following:

(I)A graphic, image, animated graphic, or animated image that the online platform hosting the political communication allows to hyperlink to an internet website containing required disclosures, as described in subdivision (b) of Section 84554.3.

(II)Video, audio, or email.

(B)Electronic media political communications that are not online platform disclosed political communications as defined in subparagraph (A) shall follow disclosure requirements for electronic media political communications under Section 84554.3.

(b)A major political communicator that disseminates an online platform disclosed political communication shall do all of the following:

(1)Upon requesting the dissemination, expressly notify the online platform through which the political communication would be disseminated, using the online platform’s chosen notification method, that the political communication is a political communication as defined in Section 84551.

(2)(A) Provide the online platform with the disclosure name of the major political communicator and if it is a committee that has an identification number, its identification number.

(B)For purposes of this section, “disclosure name” means the text required by Section 84553, followed by a colon, followed by, surrounded in quotation marks, the major political communicator name.

(C)If the disclosure name changes due to a change in the top funders or the major political communicator name, the major political communicator shall provide the online platform with an updated disclosure name within five business days.

(3)Provide the online platform with the name of the candidate to which the political communication refers and the office to which the candidate is seeking election, as applicable, or the designation of the legislative or administrative action to which the communication refers.

(4)Provide the online platform with the major political communicator name that paid for the communication.

(c)An online platform that disseminates a major political communicator’s online platform disclosed political communication shall do one of the following:

(1)Display “Paid for by” or “Ad Paid for by” followed by the disclosure name provided by the major political communicator, easily readable to the average viewer, located adjacent to any text stating that the advertisement is an advertisement or is promoted or sponsored. The online platform may display only one hundred or more characters of the disclosure name if it is followed by a “…” that is clearly clickable and that links to a page as described in paragraph (3).

(2)The online platform may instead display a hyperlink, icon, button, or tab with the text “Who funded this ad?,” “Paid for by,” or “Ad Paid for by” that is clearly clickable in the same or similar font and in at least the same font size as the online platform’s text, and easily readable to the average viewer, stating that the advertisement is an advertisement or is promoted or sponsored, that links to a page as described in paragraph (3).

(3)Hyperlinks, icons, buttons, or tabs used for the purposes described in paragraphs (1) and (2) shall be linked to the profile or landing page of major political communicator that paid for the communication; to another page to which the average viewer would normally navigate to view additional information about an advertiser containing the disclosure name in a manner that is easily seen and readable by the average viewer; or to an internet website containing the disclosure required by subdivision (d) of Section 84554.3.

(d)An online platform that disseminates online platform disclosed political communications shall meet all of the following requirements:

(1)Maintain, and make available for online public inspection in a machine readable format, a record of any paid communications disseminated on the online platform by a major political communicator that purchased five hundred dollars ($500) or more in paid communications on the online platform during the preceding 12 months. Each record shall contain all of the following:

(A)A digital copy of the political communication.

(B)The approximate number of views generated from the political communication and the date and time that the political communication was first displayed and last displayed.

(C)Information regarding the range charged or the total amount spent on the political communication.

(D)The name of the candidate to which the political communication refers and the office to which the candidate is seeking election, as applicable, or the designation of the legislative or administrative action to which the communication refers.

(E)The major political communicator name, if the person paying for the communication is a major political communicator.

(F)The identification number of the major political communicator, if the major political communicator is a committee that is assigned an identification number.

(2)The information required under this subdivision shall be made available as soon as practicable and shall be retained by the online platform for no less than four years.

(3)(A)Display a prominent button, icon, tab, or hyperlink with the text “View Ads” or similar text in one of the following locations:

(i)Near the top of a profile, landing page, or similar location of a major political communicator that paid for a communication in a position that the average viewer will readily see it upon viewing that page.

(ii)On a page that displays a major political communicator’s profile information or biographical information.

(iii)On a page on which the average viewer would normally navigate to view additional information about a major political communicator.

(B)The button, icon, tab, or hyperlink shall link to a page clearly showing all of the communication records required by paragraph (1).

(e)An online platform that creates a mechanism for a communicator requesting dissemination of an online platform disclosed political communication to expressly notify the online platform whether the paid communication is a political communication, as defined in Section 84551, and to provide all information necessary for the online platform to comply with the requirements of this section may rely in good faith on the information provided by the major political communicator to the online platform to satisfy the online platform’s obligations under subdivisions (c) and (d).

(f)The online platform may use the term “advertiser” instead of “major political communicator” on all of its communications.

84555.

(a)In addition to the requirements of Sections 84552, 84553, and 84556.5, the major political communicator placing the political communication, or persons acting in concert with the major political communicator, shall be prohibited from creating or using another entity to avoid, or that results in the avoidance of, the disclosure of any individual, industry, business entity, controlled committee, or sponsored committee as a top funder.

(b)Written disclosures required by Sections 84553 and 84556.5 shall not appear in all capital letters, except that capital letters shall be permitted for the beginning of a sentence, the beginning of a proper name or location, or as otherwise required by conventions of the English language.

84556.5.

An electioneering communication shall include a statement that it was not authorized by a candidate or a committee controlled by a candidate. If the electioneering communication was authorized or paid for by a candidate for another office, the expenditure shall instead include a statement that “This advertisement was not authorized or paid for by a candidate for this office or a committee controlled by a candidate for this office.”

84559.

If the order of top funders required to be disclosed pursuant to this article changes or a new funder qualifies as a top funder, the disclosure in the political communication shall be updated as follows:

(a)A television, radio, telephone, electronic billboard, or other electronic media political communication shall be updated to reflect the new top funders within five business days. A major political communicator shall be deemed to have complied with this subdivision if the amended political communication is delivered, containing a request that the communication immediately be replaced, to all affected broadcast stations or other locations where the communication is placed no later than the fifth business day.

(b)A print media political communication, including nonelectronic billboards, shall be updated to reflect the new top funders before placing a new or modified order for additional printing of the political communication.

84560.

A major political communicator shall maintain records of the following:

(a)All payments made for political communications.

(b)The lobbying-available donations used to calculate the major political communicator’s top funders or records sufficient to demonstrate that only available nondonor or small donor funds were used as payment for the political communications.

84561.

A person shall not make a lobbying-available donation on behalf of another, or while acting as the intermediary or agent of another, without disclosing to the recipient of the lobbying-available donation both the person's own full name and street address, occupation, and the name of the person's employer, if any, or the person's principal place of business if the person is self-employed, and the full name and street address, occupation, and the name of employer, if any, or principal place of business if self-employed, of the other person. The recipient of the lobbying-available donation shall use this earmarking information when calculating the cumulative contributions of its lobbying donors and shall include this information when any of the funds are given as lobbying-available donations to another person.

84562.

(a)A person shall not make any lobbying-available donation to a person that is earmarked for issue lobbying communications or lobbying regarding a clearly identified pending legislative action, administrative action, or ballot measure, or for electioneering communications regarding a clearly identified candidate, unless the lobbying-available donation is fully disclosed pursuant to Section 84561.

(b)For purposes of subdivision (a), a lobbying-available donation is earmarked if it is made under any of the following circumstances:

(1)The person receiving the lobbying-available donation solicited the donation for the purpose of issue lobbying communications or lobbying regarding a specifically identified pending legislative action, administrative action, or ballot measure, or for electioneering communications regarding a specifically identified candidate, requested the donor to expressly consent to such use, and the donor consents to such use.

(2)The lobbying-available donation was made subject to a condition or agreement with the donor that all or a portion of the donation would be used for the purpose of issue lobbying communications or lobbying regarding a specifically identified pending legislative action, administrative action, or ballot measure, or for electioneering communications regarding a specifically identified candidate.

(3)After the lobbying-available donation was made, the donor and the person receiving the donation reached a subsequent agreement that all or a portion of the donation would be used for the purpose of issue lobbying communications or lobbying regarding a specifically identified pending legislative action, administrative action, or ballot measure, or for electioneering communications regarding a specifically identified candidate.

(c)Notwithstanding subdivisions (a) and (b), dues, assessments, fees, and similar payments made to a membership organization or its sponsored committee in an amount less than five hundred dollars ($500) per calendar year from a single source for the purpose of making lobbying-available donations or expenditures shall not be considered earmarked.

(d)The person making the earmarked lobbying-available donation shall provide the person receiving the donation with the name and address of the donor or donors who earmarked their funds and the amount of the earmarked donation from each donor at the time it makes the donation. If the person making the lobbying-available donation received earmarked lobbying-available donations that exceed the amount donated, or received lobbying-available donations that were not earmarked, the person making the lobbying-available donation shall use a reasonable accounting method to determine which donors to identify pursuant to this subdivision, but in no case shall the same lobbying-available donation be disclosed more than one time to avoid disclosure of additional donors who earmarked their funds.

(e)A violation of this section shall not be based solely on the timing of lobbying-available donations made or received.

84552.
 (a) A person who makes payments for electioneering communications totaling ten thousand dollars ($10,000) or more in a calendar year shall include the words “Ad paid for by” on the electioneering communication, followed by the name of the person paying for the communication.
(b) An electioneering communication shall include the name of the persons who have made the three highest cumulative payments of ten thousand dollars ($10,000) or more to the person paying for the electioneering communication, preceded by the words “Major funding from.” For purposes of determining the persons who made the three highest cumulative payments, the person paying for the electioneering communication shall include payments received for purposes of funding electioneering communications during the period beginning 12 months before and ending seven days before the communication is sent to the printer, broadcaster, or other entity responsible for distribution of the communication. If a payment was earmarked for electioneering communications, the person who earmarked the payment shall be considered to be the person making the payment.
(c) The requirement to include the disclosures specified in this section is met if the disclosures comply with the specifications set forth in Sections 84504 to 84504.6, inclusive, for the applicable communication medium.

84553.
 A person shall not make a payment for electioneering communications on behalf of another, or while acting as the intermediary or agent of another, without disclosing to the recipient of the payment the person’s own full name and street address, occupation, and the name of the person’s employer, if any, or the person’s principal place of business if the person is self-employed, and the full name and street address, occupation, and the name of the employer, if any, or principal place of business if self-employed, of the other person. The recipient of the payment shall use this earmarking information when calculating who made the three highest cumulative payments of ten thousand dollars ($10,000) pursuant to Section 84552 and shall include this information when any of the earmarked funds are given to another person.

84554.
 (a) A person shall not make any payment to a person that is earmarked for electioneering communications regarding a clearly identified state candidate, unless the payment is fully disclosed pursuant to Section 84553.
(b) For purposes of subdivision (a), a payment is earmarked if it is made under any of the following circumstances:
(1) The person receiving the payment solicited the payment for the purpose of electioneering communications, requested the payer to expressly consent to such use, and the payer consents to such use.
(2) The payment was made subject to a condition or agreement with the payer that all or a portion of the payment would be used for the purpose of electioneering communications.
(3) After the payment was made, the payer and the person receiving the payment reached a subsequent agreement that all or a portion of the payment would be used for the purpose of electioneering communications.
(c) Notwithstanding subdivisions (a) and (b), dues, assessments, fees, and similar payments made to a membership organization or its sponsored committee in an amount less than five hundred dollars ($500) per calendar year from a single source for the purpose of making payments or expenditures shall not be considered earmarked.
(d) The person making the earmarked payment shall provide the person receiving the payment with the name and address of the person or persons who earmarked their funds and the amount of the earmarked payment from each person at the time it makes the payment. If the person making the payment received earmarked payments that exceed the amount paid, or received payments that were not earmarked, the person making the payment shall use a reasonable accounting method to determine which persons to identify pursuant to this subdivision, but in no case shall the same payment be disclosed more than one time to avoid disclosure of additional persons who earmarked their funds.
(e) A violation of this section shall not be based solely on the timing of payments made or received.

84555.
 A person who has made payments or promises of payments totaling ten thousand dollars ($10,000) or more in a calendar year for electioneering communications shall maintain records of the following:
(a) All payments made for electioneering communications.
(b) The payments and any earmarking used to calculate the names of the persons who made the three highest cumulative payments of ten thousand dollars ($10,000) or more to the person paying for each electioneering communication.

84556.
 (a) A person who makes payments for issue lobbying communications totaling ten thousand dollars ($10,000) or more in a calendar year shall include the words “Ad paid for by” on the issue lobbying communication, followed by the name of the person paying for the communication. The amount of an issue lobbying communication shall include actual costs attributable to the communication, but shall not include the payment of salary, reimbursement for personal expenses, or other compensation paid by an employer to an employee who spends 10 percent or less of the employee’s compensated time during a calendar month in connection with activities related to issue lobbying communications.
(b) An issue lobbying communication shall include the name of the persons who have made the three highest cumulative payments of ten thousand dollars ($10,000) or more to the person paying for the issue lobbying communication, preceded by the words “Major funding from.” For purposes of determining the persons who made the three highest cumulative payments, the person paying for the issue lobbying communication shall include payments received for purposes of funding issue lobbying communications, or lobbying regarding the topic of the state legislative or administrative action, during the period beginning 12 months before and ending seven days before the communication is sent to the printer, broadcaster, or other entity responsible for distribution of the communication. Only payments received for the purpose of advocating on a specified issue shall be included in this determination, including payments made to support advocacy on a general topic. If a payment was earmarked for issue lobbying communications, the person who earmarked the payment shall be considered to be the person making the payment.
(c) The requirement to include the disclosures specified in this section is met if the disclosures comply with the specifications set forth in Sections 84504 to 84504.6, inclusive, for the applicable communication medium.

84557.
 A person shall not make a payment for issue lobbying communications, or lobbying regarding a clearly identified state legislative or administrative action on behalf of another, or while acting as the intermediary or agent of another, without disclosing to the recipient of the payment the person’s own full name and street address, occupation, and the name of the person’s employer, if any, or the person’s principal place of business if the person is self-employed, and the full name and street address, occupation, and the name of employer, if any, or principal place of business if self-employed, of the other person. The recipient of the payment shall use this earmarking information when calculating who made the three highest cumulative payments of ten thousand dollars ($10,000) to be disclosed on the issue lobbying communication in Section 84556 and shall include this information when any of the earmarked funds are given to another person.

84558.
 (a) A person shall not make any payment to a person that is earmarked for issue lobbying communications, or lobbying regarding a clearly identified pending state legislative or administrative action, unless the payment is fully disclosed pursuant to Section 84557.
(b) For purposes of subdivision (a), a payment is earmarked if it is made under any of the following circumstances:
(1) The person receiving the payment solicited the payment for the purpose of issue lobbying communications or lobbying regarding a specific state legislative or administrative action, requested the payer to expressly consent to such use, and the payer consents to such use.
(2) The payment was made subject to a condition or agreement with the payer that all or a portion of the payment would be used for the purpose of issue lobbying communications or lobbying regarding a specific state legislative or administrative action.
(3) After the payment was made, the payer and the person receiving the payment reached a subsequent agreement that all or a portion of the payment would be used for the purpose of issue lobbying communications or lobbying regarding a specific state legislative or administrative action.
(c) Notwithstanding subdivisions (a) and (b), dues, assessments, fees, and similar payments made to a membership organization or its sponsored committee in an amount less than five hundred dollars ($500) per calendar year from a single source for the purpose of making payments or expenditures shall not be considered earmarked.
(d) The person making the earmarked payment shall provide the person receiving the payment with the name and address of the person or persons who earmarked their funds and the amount of the earmarked payment from each person at the time it makes the payment. If the person making the payment received earmarked payments that exceed the amount paid, or received payments that were not earmarked, the person making the payment shall use a reasonable accounting method to determine which persons to identify pursuant to this subdivision, but in no case shall the same payment be disclosed more than one time to avoid disclosure of additional persons who earmarked their funds.
(e) A violation of this section shall not be based solely on the timing of payments made or received.

84559.
 A person who has made payments or promises of payments totaling ten thousand dollars ($10,000) or more in a calendar year for issue lobbying communications shall maintain records of the following:
(a) All payments made for issue lobbying communications.
(b) The payments and any earmarking used to calculate the names of the persons who made the three highest cumulative payments of ten thousand dollars ($10,000) or more to the person paying for each issue lobbying communication.

SEC. 4.SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.

SEC. 5.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. 6.SEC. 5.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to protect the integrity of California’s legislative, administrative, and electoral processes by ensuring that recipients of electioneering and issue lobbying communications know who is paying for the communication, it is necessary that this act take effect immediately.