CHAPTER 5 Political Advertising Disclaimers
Under the Political Reform Act, committees must put “paid for by” disclaimers on campaign advertising, including campaign mailers, radio and television ads, telephone robocalls, and electronic media ads. See Appendix D for the Fair Political Practice Commission’s fact sheet, which discusses “disclosure” requirements for committees that purchase advertisements or circulate material supporting or opposing a state or local candidate or ballot measure. Below is information regarding mass mailings and sender identification requirements. Mass Mailings Requirements As defined in Government Code Section 82041.5 the term “Mass Mailing” means over 200 substantially similar pieces of mail, but does not include a form letter or other mail which is sent in response to an unsolicited request, letter or other inquiry. Literature and mass mailing requirements are regulated per Government Code 84305. The Fair Political Practices Commission (FPPC) considers mass mailings as more than 200 substantially similar pieces of mail sent by an officeholder, candidate or committee in a calendar month. The sender, as used in Government Code Section 84305, is the candidate or committee who pays for the largest portion of expenditures attributable to the designing, printing, and posting of the mailing. See “Sender Identification for Mass Mailings” in this section and provided by the FPPC.
The following Code Section §84305 has been extracted from the California Government Code.
(a)
(1) Except as provided in subdivision (b), a candidate, candidate controlled committee established for an elective office for the controlling candidate, or political party committee shall not send a mass mailing unless the name, street address, and city of the candidate or committee are shown on the outside of each piece of mail in the mass mailing and on at least one of the inserts included within each piece of mail of the mailing in no less than 6-point type that is in a color or print that 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 candidate’s, candidate controlled committee established for an elective office for the controlling candidate’s, or political party committee’s address is a matter of public record with the Secretary of State.
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