84305.5.
(a) A slate mailer organization or committee primarily formed to support or oppose one or more ballot measures shall not send a slate mailer unless:(1) The name, street address, and city of the slate mailer organization or committee primarily formed to support or oppose one or more ballot measures are shown on the outside of each piece of slate mail and on at least one of the inserts included with each piece of slate mail in no less than 8-point roman type which shall be in a color or print which contrasts with the background so as to be easily legible. A post office box may be stated in lieu of a street address if the street address of the slate mailer
organization or the committee primarily formed to support or oppose one or more ballot measure is a matter of public record with the Secretary of State’s Political Reform Division.
(2) At the top or bottom of the front side or surface of at least one insert or at the top or bottom of one side or surface of a postcard or other self-mailer, there is a notice in at least 8-point roman boldface type, which shall be in a color or print which contrasts with the background so as to be easily legible, and in a printed or drawn box and set apart from any other printed matter. The notice shall consist of the following statement:
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| NOTICE TO VOTERS | |
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| THIS DOCUMENT WAS PREPARED BY (name of slate mailer organization or committee primarily formed to support or oppose one or more ballot measures), NOT AN OFFICIAL POLITICAL PARTY
ORGANIZATION. (name of slate mailer organization or committee primarily formed to support or oppose one or more ballot measures) is an organization with representing (number of members who make up the slate mailer organization or committee) committee represents pursuant to subdivision (c)) members. Appearance in this mailer does not necessarily imply endorsement of others appearing in this mailer, nor does it imply endorsement of, or opposition to, any issues set forth in this mailer. Appearance
is paid for and authorized by each candidate and ballot measure which is designated by an *. | |
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(3) The name, street address, and city of the slate mailer organization or committee primarily formed to support or oppose one or more ballot measures as required by paragraph (1) and the notice required by paragraph (2) may appear on the same side or surface of an insert.
(4) (A) Each candidate and each ballot measure that has paid to appear in the slate mailer is designated by an *. Any candidate or ballot measure that has not paid to appear in the slate mailer is not designated by an *.
(B) The * required by this subdivision shall be of the same type size, type style, color or contrast, and legibility as is used for the name of the candidate or the ballot measure name or number and position advocated to which the * designation
applies. The designation shall immediately follow the name of the candidate, or the name or number and position advocated on the ballot measure where the designation appears in the slate of candidates and measures. If there is no slate listing, the designation shall appear at least once in at least 8-point boldface type, immediately following the name of the candidate, or the name or number and position advocated on the ballot measure.
(C) The total amount paid to appear on the slate mailer is included for each candidate and ballot measure that is required to be designated by an *, immediately below the name or ballot measure, in no less than 9-point roman type and in a color or print that contrasts with the background so as to be easily legible.
(5) The name of any
candidate appearing in the slate mailer who is a member of a political party differing from the political party which the mailer appears by representation or indicia to represent is accompanied, immediately below the name, by the party designation of the candidate, in no less than 9-point roman type which shall be in a color or print that contrasts with the background so as to be easily legible. The designation shall not be required in the case of candidates for nonpartisan office.
(b) For purposes of the designations required by paragraph (4) of subdivision (a), the payment of any sum made reportable by subdivision (c) of Section 84219 by or at the behest of a candidate or committee, whose name or position appears in the mailer, to the slate mailer organization or committee primarily formed to support or oppose one or more ballot measures,
shall constitute a payment to appear, requiring the * designation. The payment shall also be deemed to constitute authorization to appear in the mailer.
(c) (1) If a slate mailer organization reasonably appears to be affiliated with or represent any organization, group, or class of individuals, the slate mailer shall include as the number of “members” in the disclosure required by paragraph (2) of subdivision (a) the number of individuals within that organization, group, or class who, individually or through membership in a group, meet the following criteria:
(A) A person who, pursuant to a specific provision of an organization’s articles or bylaws, may
vote directly or indirectly for the election of a director or officer or for the disposition of all or substantially all of the assets of the organization in a merger or dissolution.
(B) A person designated as a member in the articles or bylaws of an organization that is tax exempt under Section 501(c) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)) and who has the right to vote to change the organization’s articles or bylaws or has paid dues to the organization.
(C) Members of a local union are considered to be members of any national or international union of which the local union is a part and of any federation with which the local, national, or international union is affiliated.
(2) If the number of individuals required to be disclosed as “members” pursuant to paragraph (1) is zero, the slate mailer shall
instead include in the notice required by paragraph (2) of subdivision (a) a statement that the slate mailer organization does not represent any individuals within that organization, group, or class.
(3) For purposes of this subdivision “organization, group, or class,” includes, but is not limited to, a particular occupation, profession, or union; a group that designates a former occupation, such as “veteran” or “retiree”; residents of any particular geographic area; racial, ethnic, or religious groups; groups that represent people with disabilities; groups affiliated with members of a certain sex, gender, gender identity, or sexual orientation; or a nonprofit or for-profit organization or business.
(4) The requirements of this subdivision do not apply to a slate mailer that meets the requirements of Section
84305.7.