FPPC Issues Formal Advice on New Internet Political Activity Regulations

On October 31, California’s Fair Political Practices Commission (FPPC), issued a formal advice letter clarifying the scope of application of the internet disclosure regulations it promulgated just over one year ago.

Background on the Regulations

On November 12, 2010, the FPPC approved amendments to the regulations governing disclosure of political advertisements.  The amendments were adopted following a lengthy review process by the Subcommittee on the Political Reform Act & Internet Political Activity.  The Subcommittee’s final report is available here.

Prior to the amendments, the regulations explicitly exempted “web based or Internet based communications” from the disclosure requirements imposed on other forms of communication, namely television, radio and print ads.  The new regulations, however, require disclosure for paid “electronic media advertisements,” which include advertisements in “electronic messages, electronic message attachments, text messages, or advertisements that appear on internet webpages, blogs, mobile devices, or other electronic communication systems.”

The FPPC’s recent advice letter – referred to as the Rios advice letter – clarifies and reiterates that the disclosure requirements now apply to independent expenditures appearing on internet websites.  The letter clarifies that ads that appear on internet websites, blogs, and mobile devices must identify funding sources or identify that the ad was prepared independently of a candidate.

What does this mean for nonprofits?

Now, nonprofits that qualify as “committees” (those that spend $1,000 or more on independent expenditures supporting or opposing a candidate for state elected office or a state ballot measure) must abide by the disclosure requirements on web-based communications laid out in the regulations.  It is important to note, however, that the regulations explicitly exempt communications from an organization to its members (defined at 2 California Code of Regulations Section 18531.7(a)(2), even if the communication expressly advocates the election or defeat of a state candidate or ballot measure.  Additionally, Section 18215.2 of the regulations, as amended, is entirely devoted to exempting “uncompensated internet activity by individuals that is not a contribution or expenditure.”  This exemption will largely apply to uncompensated bloggers, even those whose blogs otherwise qualify as “express advocacy.”

For more information on complying with these disclosure regulations, please feel free to contact us for free technical assistance at 1-800-NPLOBBY or advocacy@afj.org.