Chapter 8: Advertisement Disclosures ("Paid for by...")

Official Source: Chapter 8 - Advertisement Disclosures

Introduction

In California politics, voters have a legal right to know who is paying for the political messages they see and hear. Whether it is a TV commercial, a stack of mailers, or a robocall, the law requires a "disclosure statement" (commonly known as the "Paid for by" line).

This chapter explains exactly what words you must put on your ads to avoid fines. The rules differ significantly depending on whether you are the Candidate (running your own ads) or an Independent Committee (supporting/opposing a candidate).

The Golden Rule: Transparency. When in doubt, disclose who paid for it.

Part A: Rules for Candidate Controlled Committees

These rules apply when you (the candidate) are paying for ads to support your own election. The rules are generally less strict than for independent groups because voters assume a candidate's ad is paid for by that candidate.

1. What Requires a Disclosure?

You MUST include a disclosure on:

Mass Mailings: More than 200 pieces of substantially similar mail sent in a calendar month.
Mass Emails: More than 200 substantially similar emails sent in a calendar month.
Radio & TV Ads.
Robocalls: 500 or more similar calls.

2. What DOES NOT Require a Disclosure?

Surprisingly, the state does not legally require a disclosure on the following for candidate campaigns (though it is highly recommended to include it anyway to avoid confusion):

Yard Signs.
Billboards.
Door Hangers.
Flyers (unless mailed).
Small items (buttons, pins, pens, magnets, t-shirts).
Skywriting.

3. The Specific "Paid for By" Rules

Postal Mail (Mass Mailings)

If you send more than 200 pieces of mail:

Wording: Must say "Paid for by [Committee Name]" and include the committee's street address (or city/state/zip if the street address is on your Form 410).
Placement: Must be on the outside of the mailing (e.g., the envelope or the address panel of a postcard).
Format: Must be in at least 6-point type and in a color that contrasts with the background (e.g., no light blue text on a blue background).

Emails

Wording: "Paid for by [Committee Name]".
Format: Must be the same size font as the majority of the text in the email. Can be at the top or bottom.

Telephone Calls (Robocalls)

If you pay for 500+ calls:

Requirement: You must state that the call is "paid for by" or "authorized by" your committee or yourself.
Prohibition: Anonymous robocalls are illegal.

Radio Ads

Requirement: Must say "Ad paid for by [Committee Name]" clearly at the beginning or end of the ad.

TV Ads

Requirement: Must show "Ad paid for by [Committee Name]" for at least 4 seconds.
Size: The font height must be at least 4% of the screen height.

Part B: Rules for Independent & Primarily Formed Committees

These rules apply to Super PACs, groups, or individuals who spend money to support or oppose a candidate independently (without coordination). Because the candidate is not responsible for these ads, the disclosure rules are much stricter to prevent confusion.

1. What Requires a Disclosure?

Almost everything. Unlike candidates, independent committees must put disclosures on:

Mailers & Emails.
TV & Radio.
Billboards & Yard Signs.
Door Hangers & Flyers.
Posters & Newspaper Ads.

2. The "Top 3 Funders" Rule

If you are an independent committee, you must list your Top 3 Contributors of $50,000 or more on your ads.

Format: "Ad Committee Top Funders: [Name 1], [Name 2], [Name 3]".
Order: Descending order (largest donor first).

3. The "Not Authorized" Rule

You must include a statement saying: "This advertisement was not authorized by a candidate or a committee controlled by a candidate."

4. Specific Formats for Independent Mailers

Independent mailers must follow a rigid design format:

The Box: The disclosure must be inside a drawn box with a solid white background.
Location: Bottom of at least one page.
Font: Arial (or equivalent), at least 10-point type.
Underlining: Most of the text must be underlined (except the names of the top funders).
Wording: "Ad paid for by [Committee Name]" ... "Ad Committee Top Funders [Names]" ... "This advertisement was not authorized..."

Part C: Social Media & Internet Ads

The internet is treated differently depending on the platform.

1. Social Media Posts (Free)

If you or your volunteers post on Facebook/Twitter/Instagram for free, no disclosure is legally required (though transparency is good).

2. Paid Social Media Ads (Facebook/Instagram/etc.)

If you pay a platform to boost a post or run an ad:

The Platform Rule: Most platforms have their own "Paid for by" label features. You must provide the platform with your committee info so they can display their standard label (e.g., "Sponsored - Paid for by Smith for Senate").
The Landing Page: The ad usually links to your profile or website, which should have your full disclosure details.

3. Paid Influencers/Bloggers

If you pay an individual to post favorable content about you (or attack your opponent):

Requirement: They must include a conspicuous disclosure on the post, such as "The author was paid by [Committee Name] in connection with this posting."

Part D: Ballot Measure Ads (Paid Spokespersons)

Sometimes candidates run ads supporting or opposing ballot measures. If you hire a spokesperson for these ads, specific rules kick in.

1. The $5,000 Rule

If you pay an individual $5,000 or more to appear in a ballot measure ad:

Disclosure on Ad: You must show/say: "[Name] is being paid by this campaign or its contributors."
Form 511: You must file the Paid Spokesperson Report (Form 511) within 10 days.

2. The "Fake Doctor" Rule

If you pay an actor to portray a professional (doctor, nurse, firefighter, scientist) in a ballot measure ad, but they are not actually certified in that profession:

Disclosure on Ad: You must state: "Persons portraying members of an occupation in this advertisement are compensated spokespersons not necessarily employed in those occupations."
Note: If they actually are a doctor/nurse, you don't need this disclaimer, but keep proof of their license on file.

Action Plan: The Disclosure Checklist

Before you send any ad to the printer or airwaves, check this list:

Medium	Candidate Campaign Rule	Independent Committee Rule
Yard Signs	No legal requirement (Recommended).	REQUIRED. "Ad paid for by..." + Top 3 Funders.
Postal Mail	"Paid for by [Name/Address]" on outside. 6pt font.	REQUIRED. Box, White Background, 10pt Arial, Top 3 Funders, "Not Authorized".
Email	"Paid for by [Name]"	REQUIRED. "Paid for by..." + Top 3 Funders + "Not Authorized".
Robocalls	"Paid for by [Name]"	REQUIRED. "Ad paid for by..." + Top 3 Funders + "Not Authorized".
TV/Video	"Ad paid for by..." (4 seconds).	REQUIRED. Full disclosure + Top 3 Funders.
Flyers	No legal requirement (unless mailed).	REQUIRED. Full disclosure + Top 3 Funders.

FAQ: Common Questions

Q: I am a candidate. Do I need to put "Paid for by" on my campaign buttons and pens? A: No. Small promotional items where a disclosure cannot be conveniently printed are exempt.

Q: Do I need to put my Committee ID number on my yard signs? A: It is not legally required for candidates, but it is highly recommended. It makes it easier for the public (and the FPPC) to verify your committee.

Q: I have a joint fundraiser with another candidate. Who pays for the invitation? A: If you split the cost, the invitation must list both committees in the "Paid for by" section.

Q: I noticed a typo in my disclosure after the mailers were printed. What do I do? A: If they haven't mailed yet, sticker over it or reprint. If they have mailed, document the error and correct it immediately on the next batch. Persistent errors can lead to fines.

Q: Does a candidate's personal Facebook page need a disclosure? A: Yes, if the candidate uses the page for campaigning or fundraising. The "Paid for by" disclosure should be on the Header Photo or Bio section.