Virginia 2024 Regular Session Status: Passed Senate

SB 78 — Campaign advertisements; definitions, independent expenditures, electioneering communications.

Last action — Read third time and defeated by Senate (19-Y 21-N)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Campaign advertisements; independent expenditures; electioneering communications; disclaimer requirements. Broadensthe scope of disclaimer requirements for campaign advertisementsto include electioneering communications, as defined in the bill,and messages advocating for the passage or defeat of a referendum.The bill also requires an advertisement that is an independent expenditureor that expressly advocates for the passage or defeat of a referendumto contain a disclaimer providing the names of the advertisementsponsor's three largest contributors. The bill also requires independentexpenditure reports to be filed electronically. Current law allowssuch reports to be filed either electronically or in writing.

Bill Text

What changed in the latest version

144 added · 132 removed

Plain-language change summary

The revised version of Senate Bill 78 has replaced the term "authorization" with "express approval or express consent" to clarify the relationship between candidates and their campaign committees regarding campaign advertisements. This change emphasizes that there must be clear communication and agreement on campaign strategies and expenditures. The update is significant because it aims to ensure transparency and accountability in campaign financing, helping to prevent any misunderstandings or misuse of funds in the election process.

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SESSION SENATE SUBSTITUTE 24107126D SENATE BILL NO.
SESSION ENGROSSED 24107126D SENATE BILL NO.
78 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Privileges and Elections on February 6, 2024) (Patron Prior to Substitute––Senator Favola) A BILL to amend and reenact §§ 24.2-945.1, 24.2-945.2, 24.2-955, 24.2-955.1, 24.2-956, 24.2-956.1, relating to campaign advertisements;
78 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Privileges and Elections) (Patron Prior to Substitute––Senator Favola) Senate Amendments in [ ] - February 9, 2024 A B24.2-957.1, 24.2-957.2, 24.2-957.3, 24.2-958.1, 24.2-958.2, and 24.2-958.3 of the Code of Virginia, relating to campaign advertisements;
electioneering communications;ginia, disclaimer requirements.
electioneering communications;
Be it enacted by the General Assembly of Virginia:
disclaimer requirements.
1.
E Be it enacted by the General Assembly of Virginia:
That §§ 24.2-945.1, 24.2-945.2, 24.2-955, 24.2-955.1, 24.2-956, 24.2-956.1, 24.2-957.1, 24.2-957.2, 24.2-957.3, 24.2-958.1, 24.2-958.2, and 24.2-958.3 of the Code of Virginia are amended and ree§ 24.2-945.1.
N 1.
That §§ 24.2-945.1, 24.2-945.2, 24.2-955, 24.2-955.1, 24.2-956, 24.2-956.1, 24.2-957.1, 24.2-957.2, 24.2-957.3, 24.2-958.1, 24.2-958.2, and 24.2-958.3 of the Code of Virginia are amended and G reenacted as follows:
R § 24.2-945.1.
S A.
A.
"Authorization" means express approval or express consent by the candidate, the candidate's E campaign committee, or an agent of the candidate or his campaign committee after coordination.
O campaign committee, or an agent of the candidate or his campaign committee after coordination.
"Campaign committee" means the committee designated by a candidate to receive all contributions and make all expenditures for him or on his behalf in connection with his nomination or election.
S "Campaign committee" means the committee designated by a candidate to receive all contributiSns and make all expenditures for him or on his behalf in connection with his nomination or election.
"Contribution" means money and services of any amount, in-kind contributions, and any other thing of value, given, advanced, loaned, or in any other way provided to a candidate, campaign commitTee, political committee, or person for the purpose of expressly advocating the election or defeat of a clearly identified candidate or to an inaugural committee for the purpose of defraying the costs of theE inauguration of a Governor, Lieutenant Governor, or Attorney General.
"Candidate" means "candidate" as defined in § 24.2-101.
"Contribution" includes money, services, or things of value in any way provided by a candidate to his own campaign and the payment by "Coordinated" or "coordination" refers to an expenditure that is made (i) at the express request or suggestion of a candidate, a candidate's campaign committee, or an agent of the candidate or his campaign committee or (ii) with material involvement of the candidate, a candidate's campaign U committee, or an agent of the candidate or his campaign committee in devising the strategy, conBent, means of dissemination, or timing of the expenditure.
E "Contribution" means money and services of any amount, in-kind contributions, and any other Dhing of value, given, advanced, loaned, or in any other way provided to a candidate, campaign committee, political committee, or person for the purpose of expressly advocating the election or defeat of a clearly identified candidate or to an inaugural committee for the purpose of defraying the costs of the inauguration of a Governor, Lieutenant Governor, or Attorney General.
particular candidate or candidates and that is made using a political committee solely as a conduit.
"Contribution" includes money, services, or things of value in any way provided by a candidate to his own campaign and the payment by "Coordinated" or "coordination" refers to an expenditure that is made (i) at the express request or suggestion of a candidate, a candidate's campaign committee, or an agent of the candidate or hiS campaign committee or (ii) with material involvement of the candidate, a candidate's campaign B committee, or an agent of the candidate or his campaign committee in devising the strategy, con8ent, means of dissemination, or timing of the expenditure.
a 35 "Expenditure" means money and services of any amount, and any other thing of value, paid, loaned, 36 provided, or in any other way disbursed by any candidate, campaign committee, political committee, or 37 person for the purpose of expressly advocating the election or defeat of a clearly identified candidate or 38 by any inaugural committee for the purpose of defraying the costs of the inauguration of a GoveTnor, 39 Lieutenant Governor, or Attorney General.
S "Designated contribution" means a contribution that is designated specifically and in writing for a particular candidate or candidates and that is made using a political committee solely as a conduit.
U Election Commission that makes contributions to candidates or political committees registered in Federal Virginia.
35 "Expenditure" means money and services of any amount, and any other thing of value, paid, loaned, 36 provided, or in any other way disbursed by any candidate, campaign committee, political committee, or / 38 by any inaugural committee for the purpose of defraying the costs of the inauguration of a Governor,ate or / 39 Lieutenant Governor, or Attorney General.
T "Inaugural committee" means any organization, person, or group of persons that anticipates rEceiving contributions or making expenditures, from other than publicly appropriated funds, for the inauguration of the Governor, Lieutenant Governor, or Attorney General and related activities.
40 "Federal political action committee" means any political action committee registered with the Federal Election Commission that makes contributions to candidates or political committees registered in Virginia.
committee, or political committee that is not made to, controlled by, coordinated with, or made with the authorization of a candidate, his campaign committee, or an agent of the candidate or his campaign committee or (ii) a disbursement for an electioneering communication as defined in § 24.2-955.1 that is not controlled by, coordinated with, or made with the authorization of a candidate, his campaign committee, or an agent of the candidate or his campaign committee.
"Inaugural committee" means any organization, person, or group of persons that anticipates receiving contributions or making expenditures, from other than publicly appropriated funds, for the inauguration of the Governor, Lieutenant Governor, or Attorney General and related activities.
"Independent expenditure" inSludes an expenditure made by a candidate campaign committee (i) (a) that is not related to the candid7te's authorization of a different candidate, his campaign committee, or an agent of that candidate or his campaign committee.
"Independent expenditure" means (i) an expenditure made by any person, candidate campaign authorization of a candidate, his campaign committee, or an agent of the candidate or his campaignth the committee or (ii) a disbursement for an electioneering communication as defined in § 24.2-955.1 that is not controlled by, coordinated with, or made with the authorization of a candidate, his campaign committee, or an agent of the candidate or his campaign committee.
1 "In-kind contribution" means the donation of goods, services, property, or other thing of value, other than money, including an expenditure controlled by, coordinated with, or made upon the authorization of a candidate, his campaign committee, or an agent of the candidate or his campaign committee, that is provided for free or less than the usual and normal charge.
"Independent expenditure" includes an expenditure made by a candidate campaign committee (i) (a) that is not related to the candidate's own campaign and (ii) (b) that is not made to, controlled by, coordinated with, or made with the authorization of a different candidate, his campaign committee, or an agent of that candidate or his campaign committee.
The basis for arriving at the dollar value of SB78S1 2 of 8 an in-kind contribution is as follows:
"In-kind contribution" means the donation of goods, services, property, or other thing of value, other a candidate, his campaign committee, or an agent of the candidate or his campaign committee, that is of provided for free or less than the usual and normal charge.
The basis for arriving at the dollar value of SB78ES1 2 of 8 an in-kind contribution is as follows:
The report filed by a political action committee or political party committee shall include the information required for a statement of organization as listed in subdivisions A 1 through A 8 of § 24.2-949.2 or subdivisions 1 through 6 of § 24.2-950.2, as appropriate, unless the committee has a current statement of organization of 8 on C.
The report filed by a political action committee or political party committee shall include the information required for a statement of organization as listed in subdivisions A 1 through A 8 of § 24.2-949.2 or subdivisions 1 through 6 of § 24.2-950.2, as appropriate, unless the committee has a current statement of organization of 8 on file with the State Board.
C.
If the report is filed in writing, the report shall be (i) received by the State Board or the general registrar, as appropriate, within 24 hours of the time when the funds were expended or (ii) transmitted to the State Board or the general registrar, as appropriate, by telephonic transmission to a facsimile device within 24 hours of the time general registrar, as appropriate, and postmarked within 24 hours of the time when the funds were expended.
If the report is filed in writing, the report shall be (i) received by the State Board or the general registrar, as appropriate, within 24 registrar, as appropriate, by telephonic transmission to a facsimile device within 24 hours of the time when the funds were expended with an original copy of the report mailed to the State Board or the general registrar, as appropriate, and postmarked within 24 hours of the time when the funds were expended.
The disclosure requirements of this chapter apply to any sponsor of an advertisement in the print media, on radio or television, or placed or promoted for a fee on an online platform, the cost or value (§ 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 $5,000 in an election cycle for or against a candidate for statewide office or less than $200 $1,000 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.
E The disclosure requirements of this chapter apply to any sponsor of an advertisement in the print media, on radio or television, or placed or promoted for a fee on an online platform, the cost Nr value of which constitutes an expenditure or contribution required to be disclosed under Chapter 9.3 G individual who makes independent expenditures aggregating less than $1,000 $5,000 in an election cycle for or against a candidate for statewide office or less than $200 $1,000 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.
E As used in this chapter, unless the context requires a different meaning:
§ 24.2-955.1.
N "Advertisement" means any message appearing in the print media, on television, on radio, or on an online platform, that constitutes a contribution or expenditure under Chapter 9.3 (§ 24.2-945 eA seq.) or is an electioneering communication.
Definitions.
"Advertisement" shall does not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached tT wearing app"Authorized by ______" means the same as "authorization" as defined in § 24.2-945.1.
S As used in this chapter, unless the context requires a different meaning:
"Campaign telephone calls" means a series of telephone calls or text messages, electronic orE 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 politiSal party compensate the telephone callers.imary or other nominating event, and (iv) under an agreement to "Candidate" means "candidate" as defined in § 24.2-101.
S "Advertisement" means any message appearing in the print media, on television, on radio, or on an online platform, that constitutes a contribution or expenditure under Chapter 9.3 (§ 24.2-945 et seq.) or a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.
U "Candidate campaign committee" or "campaign committee" means "campaign committee" as definedB in § 24.2-945.1.
"Authorized by ______" means the same as "authorization" as defined in § 24.2-945.1.
S "Coordinated" or "coordination" means an expenditure that is made (i) at the express request or campaign committee or (ii) with material involvement of the candidate, a candidate's campaignhiT committee, or an agent of the candidate or his campaign committee in devising the strategy, content, means of dissemination, or timing of the expenditure an advertisement.
"Campaign telephone calls" means a series of telephone calls or text messages, 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 tB com"Candidate" means "candidate" as defined in § 24.2-101.
T "Conspicuous" means so written, displayed, or communicated that a reasonable person ought to have noticed it.
7 "Candidate campaign committee" or "campaign committee" means "campaign committee" as definedE in § 24.2-945.1.
U radio, or on an online platform (i) that refers to a clearly identified candidate;
1 "Coordinated" or "coordination" means an expenditure that is made (i) at the express request or suggestion of a candidate, a candidate's campaign committee, or an agent of the candidate or his campaign committee or (ii) with material involvement of the candidate, a candidate's 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 an advertisement.
(ii) that is published, broadcast, or otherwise publicly distributed within 30 days of a primary election for the officE sought by the candidate or 60 days of a general or special election for the office sought by the candidate and is targeted to the relevant electorate;
noticed it.uous" means so written, displayed, or communicated that a reasonable person ought to have "Electioneering communication" means any message appearing in the print media, on television, on radio, or on an online platform (i) that refers to a clearly identified candidate;
(ii) that is published, broadcast, or otherwise publicly distributed within 30 days of a primary election for the office sought by the candidate or 60 days of a general or special election for the office sought by the candidate and is targeted to the relevant electorate;
"Electioneering by the sponsor of the event or (b) a communication paid for by a federal candidate in connection with a federal election, provided that such communication does not expressly advocate for a candidate for office in Virginia.
"Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum with a federal election, provided that such communication does not expressly advocate for a candidaten for office in Virginia [ , or (c) a communication soliciting responses to a public opinion survey ] .
"Full-screen" means the only picture appearing on the television screen during the oral discSosure statement that (i) contains the disclosing person, (ii) occupies all visible space on the telev7sion screen, the television screen.
"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.
image of the disclosing person that occupies at least 50% of the verticaS height of "Independent expenditure" means "independent expenditure" as defined in § 24.2-945.1.
"Independent expenditure" means "independent expenditure" as defined in § 24.2-945.1.
1 "Name of candidate" means (i) the full name of the candidate as it appears on the statement of qualification filed pursuant to § 24.2-501 or as it will appear on the ballot or (ii) the first name, middle name, or "nickname" of the candidate as it appears on his statement of qualification and a last name of the candidate as it appears on his statement of qualification.
"Name of candidate" means (i) the full name of the candidate as it appears on the statement of name, or "nickname" of the candidate as it appears on his statement of qualification and a last name ofiddle the candidate as it appears on his statement of qualification.
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SB78S1 4 of 8 "Occurrence" means one broadcast of a radio or television political campaign advertisement.
SB78ES1 4 of 8 "Occurrence" means one broadcast of a radio or television political campaign advertisement.
of 8 committee, other than a candidate campaign committee.sements sponsored by a person or political It shall be is unlawful for any person or political committee to sponsor a print media advertisement that constitutes an expenditure or contribution required to be disclosed under Chapter 9.3 (§ 24.2-945 et seq.) unless the following requirements are met:
of 8 § 24.2-956.1.
1.
Requirements for print media advertisements sponsored by a person or political committee, other than a candidate campaign committee.
It shall be is unlawful for any person or political committee to sponsor a print media advertisement that constitutes an expenditure or contribution required to be disclosed under Chapter 9.3 (§ 24.2-945 et seq1.
"Paid for by ________ [Name of person or political com2.
"Paid for by ________ [Name of person or political committee]." 2.
The visual legend in the advertisement shall state either "Authorized by [Name of candidate], candidate for [Name of office]" or "Not authorized by a candidate." 3.
The visual legend in the advertisement shall state either "Authorized by [Name of candidate], candidate for [Name of offEce]" or "Not authorized by a candidate." 3.
In an advertisement that identifies a candidate the sponsor is opposing, the sponsor must disclose sponsor coordinates is in coordination with, or has the authorization of, the benefited candidate.if the 4.
In an advertisement that identifies a candidate the sponsor is opposing, the sponsor mustNdisclose in the advertisement the name of the candidate who is intended to benefit from the advertisemenG, if the spo4.
Any contributor to an organization Revenue Code that has explicitly designated that its contribution not be used for political speNding shall not be counted for the purpose of determining the organization's largest donors so long as the organization does not use such contributor's donations for such spending.
Any contributor to an organization holding tax-exempt status under § 501(c)(3), 501(c)(4), or 501(c)(6) of the United States Internal Revenue Code that has explicitly designated that its contribution not be used for political speSding shall not be counted for the purpose of determining the organization's largest donors so long as the organization does not use such contributor's donations for such spending.
The visual legend in Ahe advertisement shall state:
The visual legend in the contributor], [second largest contributor], and [third largest contributor]." However, the provisions of this subdivision shall not apply to any person who makes independent expenditures aggregating less than $20,000 in an election cycle.
"The top three contributors to [Name of person or committee] are [largest contributor], [second largest contributor], and [third largest contributor]." However, the provTsions of than $20,000 in an election cycle.o any person who makes independent expenditures aggregating less 5.
5.
S statement in a minimum font size of seven point points;
6.
however, if the advertisement lacks sufficient space for a disclosure statement in a minimum font size of seven point points, the advertisement may meet disclosure requirements if, by clicking on the print media advertisement appearing in electronic format, the viewer is taken to a landing page or a home page that displays the disclosure stateSent in a conspicuous manner.
7.
campaign committee.quirements for television advertisements sponsored by a candidate or candidaTe It shall be is unlawful for any candidate or a candidate campaign committee to sponsor a television advertisement that constitutes an expenditure or contribution required to be disclosed under ChTpter 9.3 (§ 24.2-945 et seq.) unless the following requirements are met:
Any print media advertisement appearing in electronic format shall display the disclosBre space for a disclosure statement in a minimum font size of seven point points, the advertisement maynt meet disclosure requirements if, by clicking on the print media advertisement appearing in electronic format, the viewer is taken to a landing page or a home page that displays the disclosure statement in a conspicuous manner.
1.
§ 24.2-957.1.
Requirements for television advertisements sponsored by a candidate or candidate campaign committee.
It shall be is unlawful for any candidate or a candidate campaign committee to sponsor a television advertisement that constitutes an expenditure or contribution required to be disclosed under Chapter 9.3 (§ 1.
"Paid for by ____________ [Name of candidate or is supporting that candidate and the advertisement makes no reference to any other clearly identifiedent candidate, then the statement "Paid for by ____________ [Name of sponsor]" may be replaced by tEe statement "Authorized by ____________ [Name of sponsor]." The disclosure shall be made by visual legend, which shall constitute 20 scan lines in size.
"Paid for by ____________ [Name of candidate or campaign committee as it appears on the statement of organization]." Alternatively, if the advertisement is supporting that candidate and the advertisement makes no reference to any other clearly identified candidate, then the statement "Paid for by ____________ [Name of sponsor]" may be replaced by the statement "Authorized by ____________ [Name of sponsor]." The disclosure shall be made by visual legend, which shall constitute 20 scan lines in size.
§§ 315 and 3172.
§§ 315 and 317 and this section.
If the advertisement sponsored by the candidate or the candidate campaign committee makes reference to another clearly identified candidate, it must include a disclosure statement spoken by the sponsoring candidate containing at least the following words:
reference to another clearly identified candidate, it must include a disclosure statement spoken by the sponsoring candidate containing at least the following words:
"I am ____________ (or 'This is ___________') [Name of candidate], candidate for [Name of] office, and I (or 'my campaign') spoSsored this ad." 7 required by this section at the same time as the visual disclosure required under the Communications Act of 1934, 47 U.S.C.
"I am ____________ (or 'This is ___________') [Name of candidate], candidate for [Name of] office, and I (or 'my campaign') sponsored this ad." The candidate or the candidate campaign committee may provide the oral disclosure statement required by this section at the same time as the visual disclosure required under the Communications Act of 1934, 47 U.S.C.
1 3.
3.
The advertisement shall include throughout the disclosure statement an unobscured, full-screen picture containing the candidate, either in photographic form or through the actual appearance of the candidate on camera.
The advertisement shall include throughout the disclosure statement an unobscured, full-screen candidate on camera.he candidate, either in photographic form or through the actual appearance of the 4.
4.
The candidate or the campaign committee may place the disclosure statement required by this SB78ES1 6 of 8 section at any point during the advertisement, except if the duration of the advertisement is more than five minutes, the disclosure statement shall be made both at the beginning and end of the advertisement.
The candidate or the campaign committee may place the disclosure statement required by this SB78S1 6 of 8 section at any point during the advertisement, except if the duration of the advertisement is more than five minutes, the disclosure statement shall be made both at the beginning and end of the advertisement.
If an advertisement is jointly sponsored, the disclosure statement shall include the names of all the of 8 spo§ 24.2-958.1.
If an advertisement is jointly sponsored, the disclosure statement shall include the names of all the of 8 sponsors.
§ 24.2-958.1.
It shall be is unlawful for a candidate or a candidate campaign committee to sponsor a radio advertisement that constitutes an expenditure or contribution required to be disclosed under Chapter 9.3 (§ 24.2-945 et seq.) unless all of the following requirements are met:
It shall be is unlawful for a candidate or a candidate campaign committee to sponsor a radio (§ 24.2-945 et seq.) unless all of the following requirements are met:
candidate campaign committee as it appears on the statement of organization]." Alternatively, if the advertisement makes no reference to any clearly identified candidate other than the candidate who is sponsoring the advertisement or whose campaign committee is sponsoring the advertisement, then the statement "Paid for by ______ [Name of candidate or candidate campaign committee as it appears on the statement of organization]" may be replaced by the statement "Authorized by ______ [Name of can2.
to be disclosed under Chapter 9.3 1.
If the advertisement supports or opposes the election or nomination of a clearly identified candidate other than the sponsoring candidate or supports or opposes the election or nomination of the sponsoring candidate and makes reference to another clearly identified candidate, it must include a disclosure statement spoken by the sponsoring candidate containing at least the following words:
The advertisement shall include the statement "Paid for by ______ [Name of candidate or candidate campaign committee as it appears on the statement of organization]." Alternatively, if the advertisement makes no reference to any clearly identified candidate other than the candidate who is sponsoring the advertisement or whose campaign committee is sponsoring the advertisement, then Ehe statement "Paid for by ______ [Name of candidate or candidate campaign committee as it appears on the statement of organization]" may be replaced by the statement "Authorized by ______ [Name ofN candidate or candidate campaign committee as it appears on the statement of organization]." G candidate other than the sponsoring candidate or supports or opposes the election or nomination of the sponsoring candidate and makes reference to another clearly identified candidate, it must include a disclosure statement spoken by the sponsoring candidate containing at least the following words:
"I am (or 'This is ______ ') [Name of candidate], candidate for [Name of office], and this ad was paid for by on the statement of organization]."') [Name of candidate or candidate campaign committee as it Nppears 3.
"I am (or 'This is ______ ') [Name of candidate], candidate for [Name of office], and this ad was paid for by (or 'sponsored by' or 'furnished by') [Name of candidate or candidate campaign committee as it appears on the statement of organization]." S 3.
The placement of the oral disclosure statement shall alsA comply with the requirements of the Communications Act of 1934, 47 U.S.C.
The placement of the oral disclosure statement shall also comply wit4.
§§ 315 and 317.
In its oral disclosure statement, the candidate or the candidate campaign committee may choose to identify an advertisement as either supporting or opposing the nomination or election of one or more clearly identified candidates.
4.
5.
In its oral disclosure statement, the candidate or the candidate campaign committee may cToose to clearly identified candidates.ither supporting or opposing the nomination or election of one or more 5.
S expenditure or contribution required to be disclosed under Chapter 9.3 (§ 24.2-945 et seq.) unless the following requirements are satisfied:
It shall be is unlawful for a political committee to sponsor an advertisement that constitutBs an following requirements are satisfied:to be disclosed under Chapter 9.3 (§ 24.2-945 et seq.) unl7ss the 1.
U 1.
A radio advertisement supporting or opposing the nomination or election of one or more clearly identified candidates (i) shall include a disclosure statement, spoken by the chief executive officer or treasurer of the committee, containing at least the following words:
A radio advertisement supporting or opposing the nomination or election of one or more clearly identified candidates (i) shall include a disclosure statement, spoken by the chief executive oSficer or treasurer of the committee, containing at least the following words:
"This ad was paid for (or 'sponsored by' or 'furnished by') [Name of political action committee]." (ii) The disclosure statement shall last at least two seconds and the statement shall be spoken so that its contents may be easily understood.
"This ad was paid for (or 'sponsored least two seconds and the statement shall be spoken so that its contents may be easily understood.
(iii) The placement of the oral disclosure statement shall also comply with the requirements of the Communications Act of 1934, 47 U.S.C.
(iii)t The placement of the oral disclosure statement shall also comply with the requirements of the I Communications Act of 1934, 47 U.S.C.
T 2.
either supporting or opposing the nomination or election of one or more clearly identified candidates.as 3.
In its oral disclosure statement, a political committee may choose to identify an advertisement as either supporting or opposing the nomination or election of one or more clearly identified candidates.
If the advertisement is an independent expenditure, the sponsor must disclose in the advertisement the name of the sponsor's three largest contributors.
the name of the sponsor's three largest contributors.
If the three largest contributors cannot be determined because multiple contributors have given the same amount, then the names of any three of such contributors shall be disclosed.
If the three largest contributors cannot beisement determined because multiple contributors have given the same amount, then the names of any threE of such contributors shall be disclosed.
Any contributor to an organization holding tax-exempt status under § 501(c)(3), 501(c)(4), or 501(c)(6) of the United States Internal Revenue Code that has explicitly designated that its contribution not be used for political spending shall not be counted for the purpose of determining the organization's largest donors so long as the organization does not use such contributors to [Name of person or committee] are [largest contributor], [second largest contributor],ee and [third largest contributor]." However, the provisions of this subdivision shall not apply to any person who makes independent expenditures aggregating less than $20,000 in an election cycle.
Any contributor to an organization holding tax-exempt status under § 501(c)(3), 501(c)(4), or 501(c)(6) of the United States Internal Revenue Code that has explicitly designated that its contribution not be used for political spending shall not be counted for the purpose contributor's donations for such spending.
4.
The advertisement shall include the statement, "The top three contributors to [Name of person or committee] are [largest contributor], [second largest contributor], and [third largest contributor]." However, the provisions of this subdivision shall not apply to any person who makes independent expenditures aggregating less than $20,000 in an election cycle.
If the advertisement is jointly sponsored, the disclosure statement shall name all of the sponsors and the disclosing individual shall be one of those sponsors.
S 4.
§ 24.2-958.3.
If the advertisement is jointly sponsored, the disclosure statement shall name all of the7sponsors and§ 24.2-958.3.
Requirements for radio advertisements sponsored by a person that is not a candidate or political committee.
Requirements for radio advertisements sponsored by a person that is not a S candidate or political committee.
A.
1 A.
It shall be is unlawful for a person to sponsor an advertisement that constitutes an expenditure or requirements are met:
It shall be is unlawful for a person to sponsor an advertisement that constitutes an expenditure or contribution required to be disclosed under Chapter 9.3 (§ 24.2-945 et seq.) unless the following requirements are met:
to be disclosed under Chapter 9.3 (§ 24.2-945 et seq.) unless the following 1.
1.
Radio advertisements purchased by an individual supporting or opposing the nomination or SB78ES1 8 of 8 election of one or more clearly identified candidates shall include a disclosure statement spoken by the individual containing at least the following words:
Radio advertisements purchased by an individual supporting or opposing the nomination or SB78S1 8 of 8 election of one or more clearly identified candidates shall include a disclosure statement spoken by the individual containing at least the following words:
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Action History

  1. Read third time and defeated by Senate (19-Y 21-N)

  2. Printed as engrossed 24107126D-ES1

  3. Engrossed by Senate - committee substitute with amendments SB78ES1

  4. Amendments by Senator Stanley rejected (19-Y 20-N 1-A)

  5. Reading of amendments waived

  6. Amendments by Senator Favola agreed to

  7. Reading of amendments waived

  8. Committee substitute agreed to 24107126D-S1

  9. Reading of substitute waived

  10. Read second time

  11. Passed by for the day

  12. Impact statement from DPB (SB78S1)

  13. Constitutional reading dispensed (40-Y 0-N)

  14. Committee substitute printed 24107126D-S1

  15. Reported from Privileges and Elections with substitute (7-Y 6-N 1-A)

  16. Senate committee, floor amendments and substitutes offered

  17. Senate committee, floor amendments and substitutes offered

  18. Impact statement from DPB (SB78)

  19. Referred to Committee on Privileges and Elections

  20. Prefiled and ordered printed; offered 01/10/24 24100855D

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 145 not signed on · 37 voted No

Sponsors (1)

Co-sponsors (2)

Not signed on (145)

145 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Read third time and defeated by Senate (19-Y 21-N)

Failed 19 Yea · 21 Nay
Party YeaNayPresentNot Voting
Unaffiliated 192100
Total 192100
% of votes cast 48%53%0%0%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Nay
Bryce E. Reeves — Nay
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Nay
Christopher T. Head — Nay
Danica A. Roem — Yea
David R. Suetterlein — Nay
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Nay
Glen H. Sturtevant, Jr. — Nay
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Nay
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Nay
Mark J. Peake — Nay
McGuire, John J., III — Nay
R. Creigh Deeds — Yea
Richard H. Stuart — Nay
Russet Perry — Nay
Ryan T. McDougle — Nay
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Nay
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Nay
Tammy Brankley Mulchi — Nay
Tara A. Durant — Nay
Timmy French — Nay
Todd E. Pillion — Nay
William M. Stanley, Jr. — Nay

Official roll call →

Amendments by Senator Stanley rejected (19-Y 20-N 1-A)

Failed 19 Yea · 20 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 192001
Total 192001
% of votes cast 48%50%0%3%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Nay
Angelia Williams Graves — Nay
Barbara A. Favola — Nay
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Nay
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Nay
David R. Suetterlein — Yea
David W. Marsden — Nay
Ebbin, Adam P. — Nay
Emily M. Jordan — Yea
Glen H. Sturtevant, Jr. — Yea
Hashmi, Ghazala F. — Nay
J.D. "Danny" Diggs — Yea
Jennifer B. Boysko — Nay
Jeremy S. McPike — Nay
L. Louise Lucas — Nay
Lamont Bagby — Nay
Lashrecse D. Aird — Nay
Mamie E. Locke — Nay
Mark D. Obenshain — Yea
Mark J. Peake — Yea
McGuire, John J., III — Yea
R. Creigh Deeds — Not Voting
Richard H. Stuart — Yea
Russet Perry — Nay
Ryan T. McDougle — Yea
Saddam Azlan Salim — Nay
Schuyler T. VanValkenburg — Nay
Scott A. Surovell — Nay
Stella G. Pekarsky — Nay
Subramanyam, Suhas — Nay
T. Travis Hackworth — Yea
Tammy Brankley Mulchi — Yea
Tara A. Durant — Yea
Timmy French — Yea
Todd E. Pillion — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Constitutional reading dispensed (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Glen H. Sturtevant, Jr. — Yea
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
McGuire, John J., III — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Yea
Tammy Brankley Mulchi — Yea
Tara A. Durant — Yea
Timmy French — Yea
Todd E. Pillion — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Reported from Privileges and Elections with substitute (7-Y 6-N 1-A)

Passed 7 Yea · 6 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7602
Total 7602
% of votes cast 47%40%0%13%
How each member voted (15)
Member Party Vote
Aaron R. Rouse — Yea
Bill DeSteph — Nay
Carroll Foy, Jennifer D. — Yea
Danica A. Roem — Yea
Ebbin, Adam P. — Yea
Glen H. Sturtevant, Jr. — Nay
J.D. "Danny" Diggs — Nay
McGuire, John J., III — Not Voting
R. Creigh Deeds — Yea
Russet Perry — Not Voting
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
T. Travis Hackworth — Nay
Tammy Brankley Mulchi — Nay
Tara A. Durant — Nay

Official roll call →

Subjects

elections
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Frequently asked questions

What does SB 78 do?
Campaign advertisements; independent expenditures; electioneering communications; disclaimer requirements. Broadensthe scope of disclaimer requirements for campaign advertisementsto include electioneering communications, as defined in the bill,and messages advocating for the passage or defeat of a referendum.The bill also requires an advertisement that is an independent expenditureor that expressly advocates for the passage or defeat of a referendumto contain a disclaimer providing the names of the advertisementsponsor's three largest contributors. The bill also requires independentexpenditure reports to be filed electronically. Current law allowssuch reports to be filed either electronically or in writing.
Who sponsors SB 78?
SB 78 is sponsored by Barbara A. Favola, Jennifer D. Carroll Foy, and Subramanyam, Suhas.
What is the current status of SB 78?
This bill died with 2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 78?
Track SB 78 free on One Click Politics — get push/email alerts when it moves.

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