California 2023-2024 Regular Session Status: Passed Assembly 2 D cosponsors

AB 868 — Political Reform Act of 1974: digital political advertisements.

Last action — In committee: Held under submission.

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

This bill died with 2023-2024 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing and activities. Among other things, the act requires specified disclosures in advertisements regarding the source of the advertisement. Existing law requires an online platform that disseminates committees' online platform disclosed advertisements to maintain, and make available for online public inspection, a record of any advertisement disseminated on the online platform by a committee that purchased $500 or more in advertisements during the preceding 12 months, as specified. Existing law establishes the Fair Political Practices Commission that enforces the Political Reform Act of 1974. This bill would enact the Digital Advertisement Transparency and Accountability Act, or DATA Act. The bill would, beginning on the first January 1 that is at least 60 days after the Fair Political Practices Commission certifies a system for accepting and maintaining such reports, require a committee that pays for a digital advertisement, as defined, to appear on an online platform to submit to the commission a copy of the digital advertisement and specified information, including, among other things, the name and identification number of the committee that paid for the advertisement, information relating to the subject of the advertisement, the name of the online platform or platforms on which the digital advertisement was displayed, and the amount paid or agreed to be paid to the online platform for the advertisement. The bill would require the information to be submitted to the commission in accordance with existing deadline for the submission of semiannual statements and preelection statements, if the committee spends $1,000 or more during the period covered by the statement. The bill would require the commission to make information submitted pursuant to this act available in a centralized and publicly accessible online format, as specified. The bill would, upon certification of the above system, eliminate the existing requirement for an online platform that disseminates committees' online platform disclosed advertisements and that receives $50,000 or more from digital advertisement sales during a calendar month to maintain and make accessible for public inspection specified records of advertisements. Instead, the bill would require an online platform to transmit to the commission specified information regarding digital advertisements, and to retain the information for no less than four years for specified purposes. Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor. By creating new requirements in that act, this bill would impose a state-mandated local program. 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. In committee: Held under submission.

  2. In committee: Held under submission.

  3. In committee: Referred to APPR suspense file.

  4. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  5. In committee: Set, first hearing. Hearing canceled at the request of author.

  6. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 1.) (July 11). Re-referred to Com. on APPR.

  7. From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 1.) (July 5). Re-referred to Com. on JUD.

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

  9. In committee: Set, first hearing. Hearing canceled at the request of author.

  10. Referred to Coms. on E. & C.A. and JUD.

  11. In Senate. Read first time. To Com. on RLS. for assignment.

  12. Read third time. Passed. Ordered to the Senate. (Ayes 58. Noes 17. Page 2071.)

  13. Read second time. Ordered to third reading.

  14. From committee: Do pass. (Ayes 11. Noes 4.) (May 18).

  15. In committee: Set, first hearing. Referred to APPR. suspense file.

  16. Re-referred to Com. on APPR.

  17. Read second time and amended.

  18. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (March 29).

  19. Referred to Com. on ELECTIONS.

  20. From printer. May be heard in committee March 17.

  21. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 16 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

Do pass, but first be re-referred to the Committee on [Appropriations]

Passed 10 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 2000
Democratic 8000
Republican 0100
Total 10100
% of votes cast 91%9%0%0%
How each member voted (11)
Member Party Vote
Min — Yea
Wilk — Yea
Allen, Benjamin Democratic Yea
Ashby, Angelique V. Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Niello, Roger W. Republican Nay

Official roll call →

AB 868 Wilson Assembly Third Reading

Passed 58 Yea · 17 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 43004
Unaffiliated 15500
Republican 01201
Total 581705
% of votes cast 73%21%0%6%
How each member voted (80)
Member Party Vote
Holden — Yea
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Low — Yea
Wood — Yea
Santiago — Yea
Essayli — Nay
Waldron — Nay
Mathis — Nay
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Not Voting
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Not Voting
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Not Voting
Alanis, Juan Republican Not Voting
Chen, Phillip Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Dixon, Diane Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Hoover, Josh Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay
Sanchez, Kate Republican Nay
Ta, Tri Republican Nay
Wallis, Greg Republican Nay

Official roll call →

Do pass.

Passed 11 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 9001
Unaffiliated 2100
Republican 0300
Total 11401
% of votes cast 69%25%0%6%
How each member voted (16)
Member Party Vote
Holden — Yea
Mathis — Nay
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Hart, Gregg Democratic Yea
Lowenthal, Josh Democratic Yea
Ortega, Liz Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Rivas, Robert Democratic Not Voting
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Nay
Dixon, Diane Republican Nay
Sanchez, Kate Republican Nay

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 6 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 1100
Republican 0100
Total 6200
% of votes cast 75%25%0%0%
How each member voted (8)
Member Party Vote
Low — Yea
Essayli — Nay
Bennett, Steve Democratic Yea
Bryan, Isaac G. Democratic Yea
Lee, Alex Democratic Yea
Pellerin, Gail Democratic Yea
Rubio, Blanca E. Democratic Yea
Lackey, Tom Republican Nay

Official roll call →

Subjects

elections
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Frequently asked questions

What does AB 868 do?
The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing and activities. Among other things, the act requires specified disclosures in advertisements regarding the source of the advertisement. Existing law requires an online platform that disseminates committees' online platform disclosed advertisements to maintain, and make available for online public inspection, a record of any advertisement disseminated on the online platform by a committee that purchased $500 or more in advertisements during the preceding 12 months, as specified. Existing law establishes the Fair Political Practices Commission that enforces the Political Reform Act of 1974. This bill would enact the Digital Advertisement Transparency and Accountability Act, or DATA Act. The bill would, beginning on the first January 1 that is at least 60 days after the Fair Political Practices Commission certifies a system for accepting and maintaining such reports, require a committee that pays for a digital advertisement, as defined, to appear on an online platform to submit to the commission a copy of the digital advertisement and specified information, including, among other things, the name and identification number of the committee that paid for the advertisement, information relating to the subject of the advertisement, the name of the online platform or platforms on which the digital advertisement was displayed, and the amount paid or agreed to be paid to the online platform for the advertisement. The bill would require the information to be submitted to the commission in accordance with existing deadline for the submission of semiannual statements and preelection statements, if the committee spends $1,000 or more during the period covered by the statement. The bill would require the commission to make information submitted pursuant to this act available in a centralized and publicly accessible online format, as specified. The bill would, upon certification of the above system, eliminate the existing requirement for an online platform that disseminates committees' online platform disclosed advertisements and that receives $50,000 or more from digital advertisement sales during a calendar month to maintain and make accessible for public inspection specified records of advertisements. Instead, the bill would require an online platform to transmit to the commission specified information regarding digital advertisements, and to retain the information for no less than four years for specified purposes. Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor. By creating new requirements in that act, this bill would impose a state-mandated local program. 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 868?
AB 868 is sponsored by Wilson, Lori D. (Democratic) and Lee, Alex (Democratic).
What is the current status of AB 868?
This bill died with 2023-2024 Regular Session. It reached “Passed Assembly” 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 868?
Track AB 868 free on One Click Politics — get push/email alerts when it moves.

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