California 2019-2020 Regular Session Status: In Committee 1 D cosponsors

AB 2885 — False campaign speech and online platform disclosures.

Last action — Re-referred to Com. on E. & R.

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

This bill died with 2019-2020 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law, until January 1, 2023, prohibits a person, committee, or other entity, within 60 days of an election at which a candidate for elective office will appear on the ballot, from distributing with actual malice materially deceptive audio or visual media of the candidate with the intent to injure the candidate's reputation or to deceive a voter into voting for or against the candidate, unless the media includes a disclosure stating that the media has been manipulated. This bill, until January 1, 2025, would prohibit a committee, within 60 days of an election at which a candidate or measure will appear on the ballot, from distributing, with actual malice, a false material statement of fact relating to the candidate or measure with the intent to deceive a voter into voting for or against the candidate or measure. The bill would authorize a person to seek injunctive or other equitable relief, and general or special damages, and would authorize the court to award a prevailing party reasonable attorney's fees and costs. The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing and activities by the Fair Political Practices Commission. Under the act, political advertisements on online platforms are required to contain certain disclosure statements. This bill would require an online platform to maintain and make available for online public inspection a description of the audience requested by the committee and the types of personal information, as defined, used by the online platform to target the advertisement, including use by the online platform of characteristics such as age, gender, race, or other protected classifications under law. The online platform's chief executive officer, chief financial officer, chief operating officer, chief privacy officer, or the equivalent position of any of these officers, if applicable, would be required to personally certify, under penalty of perjury, that to their knowledge the online platform has correctly disclosed all activity under this law. By expanding the crime of perjury, the bill would impose a state-mandated local program. In addition, because a violation of the act is subject to criminal penalties, the bill would impose a state-mandated local program by expanding the act's criminal penalties. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.

Bill Text

Action History

  1. Re-referred to Com. on E. & R.

  2. From committee chair, with author's amendments: Amend, and re-refer to Com. on E. & R. Read second time and amended.

  3. Referred to Com. on E. & R.

  4. Read first time.

  5. From printer. May be heard in committee March 23.

  6. Introduced. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 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.

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Subjects

elections technology
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Frequently asked questions

What does AB 2885 do?
Existing law, until January 1, 2023, prohibits a person, committee, or other entity, within 60 days of an election at which a candidate for elective office will appear on the ballot, from distributing with actual malice materially deceptive audio or visual media of the candidate with the intent to injure the candidate's reputation or to deceive a voter into voting for or against the candidate, unless the media includes a disclosure stating that the media has been manipulated. This bill, until January 1, 2025, would prohibit a committee, within 60 days of an election at which a candidate or measure will appear on the ballot, from distributing, with actual malice, a false material statement of fact relating to the candidate or measure with the intent to deceive a voter into voting for or against the candidate or measure. The bill would authorize a person to seek injunctive or other equitable relief, and general or special damages, and would authorize the court to award a prevailing party reasonable attorney's fees and costs. The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing and activities by the Fair Political Practices Commission. Under the act, political advertisements on online platforms are required to contain certain disclosure statements. This bill would require an online platform to maintain and make available for online public inspection a description of the audience requested by the committee and the types of personal information, as defined, used by the online platform to target the advertisement, including use by the online platform of characteristics such as age, gender, race, or other protected classifications under law. The online platform's chief executive officer, chief financial officer, chief operating officer, chief privacy officer, or the equivalent position of any of these officers, if applicable, would be required to personally certify, under penalty of perjury, that to their knowledge the online platform has correctly disclosed all activity under this law. By expanding the crime of perjury, the bill would impose a state-mandated local program. In addition, because a violation of the act is subject to criminal penalties, the bill would impose a state-mandated local program by expanding the act's criminal penalties. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
Who sponsors AB 2885?
AB 2885 is sponsored by Garcia, Robert (Democratic).
What is the current status of AB 2885?
This bill died with 2019-2020 Regular Session. It reached “In Committee” 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 AB 2885?
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