SECTIONS 84501-84511 - California Statutes

GOVERNMENT CODE

SECTION 84501-84511

84501. (a) "Advertisement" means any general or public
advertisement which is authorized and paid for by a person or
committee for the purpose of supporting or opposing a candidate for
elective office or a ballot measure or ballot measures.
(b) "Advertisement" does not include a communication from an
organization other than a political party to its members, a campaign
button smaller than 10 inches in diameter, a bumper sticker smaller
than 60 square inches, or other advertisement as determined by
regulations of the commission.

84502. "Cumulative contributions" means the cumulative amount of
contributions received by a committee beginning 12 months prior to
the date the committee made its first expenditure to qualify,
support, or oppose the measure and ending within seven days of the
time the advertisement is sent to the printer or broadcast station.

84503. (a) Any advertisement for or against any ballot measure
shall include a disclosure statement identifying any person whose
cumulative contributions are fifty thousand dollars ($50,000) or
more.
(b) If there are more than two donors of fifty thousand dollars
($50,000) or more, the committee is only required to disclose the
highest and second highest in that order. In the event that more than
two donors meet this disclosure threshold at identical contribution
levels, the highest and second highest shall be selected according to
chronological sequence.

84504. (a) Any committee that supports or opposes one or more
ballot measures shall name and identify itself using a name or phrase
that clearly identifies the economic or other special interest of
its major donors of fifty thousand dollars ($50,000) or more in any
reference to the committee required by law, including, but not
limited, to its statement of organization filed pursuant to Section
84101.
(b) If the major donors of fifty thousand dollars ($50,000) or
more share a common employer, the identity of the employer shall also
be disclosed.
(c) Any committee which supports or opposes a ballot measure,
shall print or broadcast its name as provided in this section as part
of any advertisement or other paid public statement.
(d) If candidates or their controlled committees, as a group or
individually, meet the contribution thresholds for a person, they
shall be identified by the controlling candidate's name.

84505. In addition to the requirements of Sections 84503, 84504,
84506, and 84506.5, the committee placing the advertisement or
persons acting in concert with that committee shall be prohibited
from creating or using a noncandidate-controlled committee or a
nonsponsored committee to avoid, or that results in the avoidance of,
the disclosure of any individual, industry, business entity,
controlled committee, or sponsored committee as a major funding
source.

84506. (a) A broadcast or mass mailing advertisement supporting or
opposing a candidate or ballot measure, that is paid for by an
independent expenditure, shall include a disclosure statement that
identifies both of the following:
(1) The name of the committee making the independent expenditure.
(2) The names of the persons from whom the committee making the
independent expenditure has received its two highest cumulative
contributions of fifty thousand dollars ($50,000) or more during the
12-month period prior to the expenditure. If the committee can show,
on the basis that contributions are spent in the order they are
received, that contributions received from the two highest
contributors have been used for expenditures unrelated to the
candidate or ballot measure featured in the communication, the
committee shall disclose the contributors making the next largest
cumulative contributions of fifty thousand dollars ($50,000) or more.
(b) If an acronym is used to identify any committee names required
by this section, the names of any sponsoring organization of the
committee shall be printed on print advertisements or spoken in
broadcast advertisements.

84506.5. An advertisement supporting or opposing a candidate that
is paid for by an independent expenditure must include a statement
that it was not authorized by a candidate or a committee controlled
by a candidate.

84507. Any disclosure statement required by this article shall be
printed clearly and legibly in no less than 10-point type and in a
conspicuous manner as defined by the commission or, if the
communication is broadcast, the information shall be spoken so as to
be clearly audible and understood by the intended public and
otherwise appropriately conveyed for the hearing impaired.

84508. If disclosure of two major donors is required by Sections
84503 and 84506, the committee shall be required to disclose, in
addition to the committee name, only its highest major contributor in
any advertisement which is:
(a) An electronic broadcast of 15 seconds or less, or
(b) A newspaper, magazine, or other public print media
advertisement which is 20 square inches or less.

84509. When a committee files an amended campaign statement
pursuant to Section 81004.5, the committee shall change its
advertisements to reflect the changed disclosure information.

84510. (a) In addition to the remedies provided for in Chapter 11
(commencing with Section 91000) of this title, any person who
violates this article is liable in a civil or administrative action
brought by the commission or any person for a fine up to three times
the cost of the advertisement, including placement costs.
(b) The remedies provided in subdivision (a) shall also apply to
any person who purposely causes any other person to violate any
provision of this article or who aids and abets any other person in a
violation.
(c) If a judgment is entered against the defendant or defendants
in an action brought under this section, the plaintiff shall receive
50 percent of the amount recovered. The remaining 50 percent shall be
deposited in the General Fund of the state. In an action brought by
a local civil prosecutor, 50 percent shall be deposited in the
account of the agency bringing the action and 50 percent shall be
paid to the General Fund of the state.

84511. (a) A committee that makes an expenditure of five thousand
dollars ($5,000) or more to an individual for his or her appearance
in an advertisement to support or oppose the qualification, passage
or defeat of a ballot measure shall file a report within 10 days of
the expenditure. The report shall identify the measure, the date of
the expenditure, the name of the recipient, and the amount expended.
(b) The advertisement shall include the statement "(spokesperson's
name) is being paid by this campaign or its donors" in highly
visible roman font shown continuously if the advertisement consists
of printed or televised material, or spoken in a clearly audible
format if the advertisement is a radio broadcast or telephone
message.