SECTIONS 1739-1739.4 - California Statutes

CIVIL CODE

SECTION 1739-1739.4

1739. No person shall sell, advertise for sale, or offer for sale
any political item which is purported to be an original political
item but which is not in fact an original political item.

1739.1. For purposes of this title, a "political item" is any
button, ribbon, poster, sticker, literature, or advertising
concerning any candidate or ballot proposition in any electoral
campaign.

1739.2. For purposes of this title, an "original political item" is
any political item produced during any electoral campaign for use in
support of or in opposition to any candidate or ballot proposition
before the voters in that campaign.

1739.3. No political item which is labeled "copy" or "reproduction"
at the time of sale, advertising for sale, or offering for sale
shall violate Section 1739.

1739.4. (a) A person who offers or sells any political item in
violation of this title shall be liable to the person purchasing such
political item from him, who may sue to recover the consideration
paid for the political item, with interest at the legal rate thereon,
upon the tender of the political item.
(b) In any case in which a person knowingly offers or sells a
political item in violation of this title, the person purchasing such
political item may recover from the person who offers or sells such
political item an amount equal to three times the amount required
under subdivision (a).
(c) No action shall be maintained to enforce any liability under
this section unless brought within one year after discovery of the
violation upon which it is based and in no event more than three
years after the political item was sold.