Disclaimers In Communications Independent Expenditures

The bill modifies existing disclaimer statement requirements that must accompany any communication that is broadcast, printed, mailed, or delivered; placed on a website, streaming media service, or online forum for a fee; or that is otherwise distributed, that constitutes an independent expenditure made in excess of $1,000.

Under current law, the disclaimer statement must identify a natural person who is the registered agent of the person paying for the communication if the person paying is not a natural person. The bill eliminates the requirement that this information be included in the disclaimer statement and instead requires that the information be provided to the appropriate officer as part of an existing written notice to be submitted by the person expending money for the independent expenditure.

In the case of a nonbroadcast communication, including an online communication, such as campaign yard signs, campaign poster signs, and campaign billboard signs, the bill requires the secretary of state, by rule, to establish size and placement requirements for the disclaimer statement. The rules must allow a disclaimer statement to be of a sufficient type size to be clearly readable by the recipient of the communication. In addition, the rules must also specify that the maximum font size of the disclaimer

must not exceed the requirements applicable to such disclaimers in campaigns for federal elected office as promulgated by the federal election commission.

(Note: This summary applies to this bill as introduced.)