HB 849

            
2020 SESSION

20101292D

HOUSE BILL NO. 849


Offered January 8, 2020


Prefiled January 7, 2020

A BILL to amend and reenact �� 24.2-955, 24.2-955.1, 24.2-957, 
 and 24.2-958 of the Code of Virginia, relating to political campaign 
 advertisements; applicability of disclosure requirements to advertisements 
 placed or promoted for a fee on an online platform.
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Patrons-- Simon and Levine

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Referred to Committee on Privileges and Elections

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Be it enacted by the General Assembly of Virginia:
 
 
1. That �� 24.2-955, 24.2-955.1, 24.2-957, and 24.2-958 of 
 the Code of Virginia are amended and reenacted as follows:
 
 
� 24.2-955. Scope of disclosure requirements.
 
 
The disclosure requirements of this chapter apply to any 
 sponsor of an advertisement in the print media or, on radio or television, or placed or 
 promoted for a fee on an online platform, the cost or value 
 of which constitutes an expenditure or contribution required to be disclosed 
 under Chapter 9.3 (� 24.2-945 et seq.) except that the disclosure requirements 
 of this chapter do not apply to (i) an individual who makes independent expenditures 
 aggregating less than $1,000 in an election cycle for or against a candidate 
 for statewide office or less than $200 in an election cycle for or against a 
 candidate for any other office or (ii) an individual who incurs expenses only 
 with respect to a referendum.
 
 
� 24.2-955.1. Definitions.
 
 
As used in this chapter, unless the context requires a 
 different meaning:
 
 
"Advertisement" means any message appearing in the 
 print media, on television, or on 
 radio, or placed or promoted for a fee on an online 
 platform, that constitutes a contribution or expenditure 
 under Chapter 9.3 (� 24.2-945 et seq.). "Advertisement" shall not 
 include novelty items authorized by a candidate including, but not limited to, 
 pens, pencils, magnets, and buttons to be attached to wearing apparel.
 
 
"Authorized by __________" means the same as 
 "authorization" as defined in � 24.2-945.1.
 
 
"Campaign telephone calls" means a series of 
 telephone calls, electronic or otherwise, made (i) to 25 or more telephone 
 numbers in the Commonwealth, (ii) during the 180 days before a general or 
 special election or during the 90 days before a primary or other political 
 party nominating event, (iii) conveying or soliciting information relating to 
 any candidate or political party participating in the election, primary or 
 other nominating event, and (iv) under an agreement to compensate the telephone 
 callers.
 
 
"Candidate" means "candidate" as defined 
 in � 24.2-101.
 
 
"Candidate campaign committee" or "campaign 
 committee" means "campaign committee" as defined in � 24.2-945.1.
 
 
"Coordinated" or "coordination" means an 
 expenditure that is made (i) at the express request or suggestion of a 
 candidate, a candidates campaign committee, or an agent of the candidate or 
 his campaign committee or (ii) with material involvement of the candidate, a 
 candidates campaign committee, or an agent of the candidate or his campaign 
 committee in devising the strategy, content, means of dissemination, or timing 
 of the expenditure.
 
 
"Conspicuous" means so written, displayed, or 
 communicated that a reasonable person ought to have noticed it.
 
 
"Full-screen" means the only picture appearing on 
 the television screen during the oral disclosure statement that (i) contains 
 the disclosing person, (ii) occupies all visible space on the television 
 screen, and (iii) contains the image of the disclosing person that occupies at 
 least 50% of the vertical height of the television screen.
 
 
"Independent expenditure" means "independent 
 expenditure" as defined in � 24.2-945.1.
 
 
"Occurrence" means one broadcast of a radio or 
 television political campaign advertisement.
 
 
"Online 
 platform" means any public-facing website, web application, or digital 
 application, including a social network, ad network, or search engine, that 
 sells advertisements.
 
 
"Political action committee" means "political 
 action committee" as defined in � 24.2-945.1.
 
 
"Political committee" means "political 
 committee" as defined in � 24.2-945.1.
 
 
"Political party" has the same meaning as 
 "party" or "political party" as defined in � 24.2-101.
 
 
"Political party committee" means any state 
 political party committee, congressional district political party committee, 
 county or city political party committee, or organized political party group of 
 elected officials. The term shall not include any other organization or auxiliary 
 associated with or using the name of a political party.
 
 
"Print media" means billboards, cards, newspapers, 
 newspaper inserts, magazines, printed material disseminated through the mail, 
 pamphlets, fliers, bumper stickers, periodicals, website websites, electronic mail, non-video or non-audio messages placed or promoted 
 for a fee on an online platform, yard signs, and outdoor 
 advertising facilities. If a single print media advertisement consists of 
 multiple pages, folds, or faces, the disclosure requirement of this section 
 applies only to one page, fold, or face.
 
 
"Radio" means any radio broadcast station that is 
 subject to the provisions of 47 U.S.C. �� 315 and 317.
 
 
"Scan line" means a standard term of measurement 
 used in the electronic media industry calculating a certain area in a 
 television advertisement.
 
 
"Sponsor" means a candidate, candidate campaign 
 committee, political committee, or person that purchases an advertisement.
 
 
"Television" means any television broadcast station, 
 cable television system, wireless-cable multipoint distribution system, 
 satellite company, or telephone company transmitting video programming that is 
 subject to the provisions of 47 U.S.C. �� 315 and 317.
 
 
"Unobscured" means that the only printed material that 
 may appear on the television screen is a visual disclosure statement required 
 by law, and that nothing is blocking the view of the disclosing persons face.
 
 
"Yard sign" means a sign paid for or distributed by 
 a candidate, campaign committee, or political committee to be placed on public 
 or private property. Yard signs paid for or distributed prior to July 1, 2015, 
 shall not be subject to the provisions of �� 24.2-956 and 24.2-956.1.
 
 
Article 3.
 
 
Television and Certain Video 
 Advertisement Requirements.
 
 
� 24.2-957. General provisions; applicability to 
 advertisements in video format.
 
 
A. Television outlets and online platforms 
 shall not be liable under this article for carriage of political advertisements 
 that fail to include the disclosure requirements provided for in this article. 
 This provision supersedes any contrary provisions of the Code of Virginia.
 
 
B. If the sponsor does not have the option of controlling the 
 audio, if any, heard during the television advertisement, the disclosure 
 requirements shall be the same as for print media.
 
 
C. The person accepting an advertisement for a television 
 outlet or online platform shall 
 require, and for one year shall retain a copy of, proof of identity of the 
 person who submits the advertisement for broadcast. Proof of identity shall be 
 submitted either (i) in person and include a valid Virginia drivers license, 
 or any other identification card issued by a government agency of the 
 Commonwealth, one of its political subdivisions, or the United States, or (ii) 
 other than in person, in which case, the person submitting the advertisement 
 shall provide a telephone number and the person accepting the advertisement may 
 phone the person to verify the validity of the persons identifying information 
 before broadcasting or posting 
 the advertisement.
 
 
D. Any disclosure statement required by this article shall be 
 displayed in a conspicuous manner.
 
 
E. An advertisement that 
 is in video format and is placed or promoted for a fee on an online platform 
 shall be subject to the same disclosure requirements to which television 
 advertisements are subject pursuant to this article.
 
 
Article 4.
 
 
Radio and Certain Audio 
 Advertisement Requirements.
 
 
� 24.2-958. General provisions; applicability to 
 advertisements in audio format.
 
 
A. Radio outlets and online platforms 
 shall not be liable under this article for carriage of political advertisements 
 that fail to include the disclosure requirements provided for in this article. 
 This provision supersedes any contrary provisions of the Code of Virginia.
 
 
B. The person accepting an advertisement for a radio outlet or online platform shall 
 require, and for one year shall retain a copy of, proof of identity of the 
 person who submits the advertisement for broadcast. Proof of identity shall be 
 submitted either (i) in person and include a valid Virginia drivers license, 
 or any other identification card issued by a government agency of the 
 Commonwealth, one of its political subdivisions, or the United States, or (ii) 
 other than in person, in which case, the person submitting the advertisement 
 shall provide a telephone number and the person accepting the advertisement may 
 phone the person to verify the validity of the persons identifying information 
 before broadcasting the advertisement.
 
 
C. Any disclosure statement required by this section shall be 
 communicated in a conspicuous manner.
 
 
D. An advertisement that 
 is in audio format and is placed or promoted for a fee on an online platform 
 shall be subject to the same disclosure requirements to which radio 
 advertisements are subject pursuant to this article.