A bill requiring a person who makes payments of $10,000 or more for electioneering or issue lobbying communications to make specified disclosures has passed the Assembly and has been sent to the Senate.

Assembly Bill 1217 would require a person making payments for electioneering or issue lobbying communications to disclose the names of the persons providing the funding for those payments and to maintain records to verify the accuracy of the required disclosures.

The bill would also amend and update the definitions of electioneering communication and issue lobbying communication.

If passed, the bill will take effect immediately.

Gov. Jared Polis signed Senate Bill 68 on April 1, expanding disclosure of electioneering communications.

For purposes of campaign finance disclosure, the bill expands the definition of electioneering communication in the Fair Campaign Practices Act to include any communication that is broadcast, printed, mailed, delivered, or distributed between the primary election and the general election.

The bill also requires any person who expends $1,000 or more per calendar year on electioneering communications or regular biennial school electioneering communications to state in the communication the name of the person making the communication in accordance with existing statutory requirements for communication constituting an independent expenditure.

The bill will take effect on August 2, provided adjournment sine die of the General Assembly is on May 3.

If, however, a referendum petition is filed against the bill, the bill would not take effect unless approved in the November 2020 general election.

On September 26, California Gov. Jerry Brown signed a bill concerning political advertising in social media. Assembly Bill 2188, the “Social Media DISCLOSE Act”, requires disclosure for advertisements made “via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media”, and is paid for by a political party or a candidate-controlled committee.

The disclosure obligations fall on both the registered political parties and committees and on the “online platforms.” The online platform must maintain and make available for online public inspection a digital copy of a political advertisement, the number of impressions generated from the ad, information regarding the total amount spent on the advertisements, and other relevant information.

The bill defines an online platform as a “public-facing Internet Web site, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements directly to advertisers. A public-facing Internet Web site, web application, or digital application is not an online platform for purposes of this [Act] to the extent that it displays advertisements that are sold directly to advertisers through another online platform.” The online platforms will be required to include with each political advertisement a disclosure of who funded the ad or a hyperlink to a website containing the required disclosures.

The bill takes effect on January 1, 2020.

The Vermont General Assembly adjourned sine die May 12.

Lawmakers passed a bill to amend campaign finance provisions relating to electioneering communications and mass media activities.

House Bill 828 revises the definition of electioneering communications to include electronic or digital communications and adds internet advertisements to the definition of mass media activity.

The bill also makes it permissible to include a link that takes a reader to a web or social media page that provides the required information on electioneering communications broadcast over the internet when it cannot practically meet the identification requirements otherwise.

House Bill 828 also requires local candidates to file an additional report on the Friday preceding a local election.

If Gov. Phil Scott approves the bill, the electioneering changes are effective upon passage and the reporting requirements for candidates takes effect December 14, 2018.

On April 8, the Massachusetts Office of Campaign and Political Finance (OCPF) issued new regulations concerning coordination between candidates and independent expenditure-only political committees. The new regulations clarify definitions in the law for the terms “independent expenditure” and “electioneering communication” and try to “define situations in which a presumption of coordination exists between a candidate and an outside spender who is expressly advocating on the candidate’s behalf,” according to the OCPF.

The OCPF has said the regulations were created in response to frequent inquiries about the rules of coordination between candidates and other political entities.