Existing law, until January 1, 2027, prohibits a person, committee, or other entity, within 60 days of an election at which a candidate for elective office will appear on the ballot, from distributing with actual malice materially deceptive audio or visual media of the candidate with the intent to injure the candidate's reputation or to deceive a voter into voting for or against the candidate, unless the media includes a disclosure stating that the media has been manipulated, subject to specified exemptions. Existing law, until January 1, 2027, authorizes a candidate for elective office whose voice or likeness appears in audio or visual media distributed in violation of this section to seek injunctive or other equitable relief prohibiting the distribution of the deceptive audio or visual media; authorizes a candidate whose voice or likeness appears in the deceptive audio or visual media to bring an action for general or special damages against the person, committee, or other entity that distributed the media; and authorizes the court to award a prevailing party reasonable attorney's fees and costs. A court is required to place such proceedings on the calendar in the order of their date of filing and give them precedence. This bill would extend the repeal date of these provisions to January 1, 2031.
Under existing law, a candidate for the United States House of Representatives or local elective office may purchase space in the county voter information guide to make a candidate statement. A candidate for United States Senate may purchase space for a candidate statement in the state voter information guide. A candidate for state elective office may also purchase space to make a candidate statement in the state voter information guide, but only if the candidate accepts certain voluntary campaign expenditure limits. Existing law prohibits these candidate statements from making any reference to the candidate's opponents. This bill would limit a candidate statement to a recitation of the candidate's own education, professional experience, public service, community involvement, and qualifications. The bill would prohibit a candidate statement from including, in addition to references to other candidates, a link or other reference to external content other than the candidate's campaign website; content that is vulgar or profane, or that threatens or incites violence; false statements or misleading claims; or any other content that is unrelated to the candidate's qualifications. The candidate would be required to submit a declaration with the candidate statement that attests that the statement is true and correct. Because a person who willfully makes a false statement in that declaration would be guilty of the crime of perjury, this bill expands the scope of that crime and thereby creates a state-mandated local program. The bill would require the Secretary of State and county elections officials to omit from the voter information guide any portion of a candidate statement that does not comply with the bill, except false statements and misleading claims, and it would require them to print the remainder of the statement if it can stand independently and does not mislead voters. The bill would make a fee paid by a candidate for the printing or inclusion of a candidate statement nonrefundable if any part of the statement is printed in the voter information guide, but the fee would be refunded if the statement is omitted. By increasing the duties of county elections officials, this bill would create a state-mandated local program. Existing law provides for the public examination of state and county voter information guides. During the 20-day examination period for the state guide, an elector may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted. During the 10-day examination period for the county guide, a voter of the relevant jurisdiction in which an election is being held, or the relevant local elections official themselves, may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted. A court will issue such a writ of mandate or injunction only upon clear and convincing proof that the material in question is false, misleading, or inconsistent with law, and that issuance of the writ or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law. This bill would similarly allow any registered voter to seek a writ of mandate or an injunction requiring any or all of the material in a candidate statement in the state or a county voter information guide to be amended or deleted, as specified. This bill would require that, as in current law, the writ of mandate or an injunction only be issued upon clear and convincing proof that the material in question is false, misleading, or inconsistent with the requirements of the bill, and that issuance of the writ or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law. This bill would additionally allow a county elections official to bring such an action for a writ or injunction challenging a candidate statement in the county voter information guide over which they have jurisdiction. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law prohibits a person or entity from knowingly distributing an election communication containing materially deceptive content that portrays specified candidates and officials as doing or saying something that the candidate or official did not do or say if the content is reasonably likely to harm the reputation or electoral prospects of a candidate or is reasonably likely to falsely undermine confidence in the outcome of an election. Existing law applies this prohibition within 120 days of an election in California and, for content involving elections officials and voting machines and related equipment, up to 60 days after an election. Existing law exempts an election communication from this prohibition if the content includes a disclosure stating that the communication has been manipulated. Existing law requires, for visual media, that the text of this disclosure appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media. This bill would instead prohibit the distribution of materially deceptive content that is material to a voter's electoral decisions or to public confidence in an election's process or outcome, as specified. The bill would set forth additional requirements relating to the color and font size of the disclosure's text. The bill would specify that the prohibition applies within the 30 days before an election in California with regard to candidates for any federal, state, or local elected office and elected officials and, with regard to elections officials and voting machines and related equipment, beginning 30 days before an election through 38 days after the election. Under existing law, the prohibition does not apply to an advertisement or other election communication containing materially deceptive content that constitutes satire or parody if the communication includes a specified disclosure. This bill would also exempt an advertisement or other election communication from these prohibitions if a reasonable person would understand that the content was satire or parody. Existing law authorizes a recipient of materially deceptive content, among others, to seek an injunction or to bring an action for general or special damages against the person, committee, or other entity that distributed or republished the materially deceptive content. This bill would instead authorize the individual depicted in the materially deceptive content to seek the injunction or to bring the action for general or special damages. This bill would declare that it is to take effect immediately as an urgency statute.
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.
(1) Existing law requires a state or local initiative, referendum, or recall petition that is required to be signed by voters to contain specified notices, including a notice that the petition may be circulated by a paid signature gatherer or volunteer. This bill would additionally require the paid signature gatherer to orally disclose to each person, before providing the petition for the person's signature, that they are being paid to circulate the petition. (2) Existing law requires a recall petition for a local officer to be submitted to the elections official within a specified number of days after the clerk notifies the proponents that the form and wording of the petition comply with certain requirements. The number of days depends upon the number of registered voters in the electoral jurisdiction. For the recall of a superior court judge, this bill would instead require the petition to be submitted within 120 days if the electoral jurisdiction has 50,000 registered voters or more.
