WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
The disclosure requirements of this chapter apply to any sponsor of an advertisementAdvertisement"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.). "Advertisement" shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.Va. Code § 24.2-955.1 or electioneering communicationElectioneering communication"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 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum 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 or against a candidate for office in Virginia.Va. Code § 24.2-955.1 in the print mediaPrint media"Print media" means billboards, cards, newspapers, newspaper inserts, magazines, printed material disseminated through the mail, pamphlets, fliers, bumper stickers, periodicals, websites, electronic mail, non-video or non-audio messages placed or promoted for a fee on an online platform, yard signs, and outdoor advertising facilities. If a single print media advertisement consists of multiple pages, folds, or faces, the disclosure requirement of this section applies only to one page, fold, or face.Va. Code § 24.2-955.1, on radio or television, or placed or promoted for a fee on an online platformOnline platform"Online platform" means any public-facing website, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements.Va. Code § 24.2-955.1, the cost or value of which constitutes an expenditure or contribution required to be disclosed under Chapter 9.3 (§ 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 in an election cycle for or against a candidate for statewide office or less than $200 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.
This section extends the scope of Virginia's existing campaign advertisement disclosure framework to include electioneering communications — a new defined term added by this bill. Previously, the disclosure obligations applied only to advertisements constituting expenditures or contributions. The amendment broadens coverage so that all electioneering communications, including those containing synthetic media, fall within the chapter's disclosure requirements.
"Electioneering communication" "Electioneering communicationElectioneering communication"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 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum 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 or against a candidate for office in Virginia.Va. Code § 24.2-955.1" means any message appearing in the print mediaPrint media"Print media" means billboards, cards, newspapers, newspaper inserts, magazines, printed material disseminated through the mail, pamphlets, fliers, bumper stickers, periodicals, websites, electronic mail, non-video or non-audio messages placed or promoted for a fee on an online platform, yard signs, and outdoor advertising facilities. If a single print media advertisement consists of multiple pages, folds, or faces, the disclosure requirement of this section applies only to one page, fold, or face.Va. Code § 24.2-955.1, on television, on radio, or on an online platformOnline platform"Online platform" means any public-facing website, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements.Va. Code § 24.2-955.1 (i) that refers to a clearly identified candidate; (ii) that is published, broadcast, or otherwise publicly distributed within 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communicationElectioneering communication"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 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum 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 or against a candidate for office in Virginia.Va. Code § 24.2-955.1" does not include (a) a candidate debate or forum or promotion of such debate or forum 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 or against a candidate for office in Virginia.
"Sponsor" (amended) "SponsorSponsor"Sponsor" means a candidate, candidate campaign committee, political committee, or person that purchases an advertisement or electioneering communication.Va. Code § 24.2-955.1" means a candidate, candidate campaign committee, political committee, or person that purchases an advertisementAdvertisement"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.). "Advertisement" shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.Va. Code § 24.2-955.1 or electioneering communicationElectioneering communication"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 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum 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 or against a candidate for office in Virginia.Va. Code § 24.2-955.1.
"Online political advertiser" (amended) "Online political advertiserOnline political advertiser"Online political advertiser" means any person who purchases an advertisement or electioneering communication from an online platform or promotes an advertisement on an online platform for a fee.Va. Code § 24.2-955.1" means any person who purchases an advertisementAdvertisement"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.). "Advertisement" shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.Va. Code § 24.2-955.1 or electioneering communicationElectioneering communication"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 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum 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 or against a candidate for office in Virginia.Va. Code § 24.2-955.1 from an online platformOnline platform"Online platform" means any public-facing website, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements.Va. Code § 24.2-955.1 or promotes an advertisementAdvertisement"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.). "Advertisement" shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.Va. Code § 24.2-955.1 on an online platformOnline platform"Online platform" means any public-facing website, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements.Va. Code § 24.2-955.1 for a fee.
This section provides definitions used throughout Chapter 9.5 of Title 24.2, Virginia's campaign advertisement disclosure chapter. The bill adds electioneering communication as a new defined term covering messages that refer to a clearly identified candidate, are publicly distributed within 60 days of an election, and involve any payment. The definition carves out candidate debates and federal candidate communications that do not expressly advocate for or against a Virginia candidate. The bill also amends the definitions of sponsor and online political advertiser to encompass electioneering communications alongside advertisements.
(A) As used in this section, "synthetic mediaSynthetic media"Synthetic media" means (i) images or audio recordings of real events relating to an identifiable individual that have been intentionally altered in a manner that would cause a reasonable person (a) to mistakenly believe that the manipulated image or audio is a recording of a real event and (b) to have a fundamentally different understanding or impression of the expressive content of the image or audio than that person would have if the person were hearing or seeing the unaltered, original version of the image or audio and (ii) artificially generated images or audio, which are not composed from a discernable original source image or audio recording of real events, of an identifiable individual's appearance, conduct, or speech that would cause a reasonable person to mistakenly believe is a recording of a real event.Va. Code § 24.2-961(A)" means (i) images or audio recordings of real events relating to an identifiable individual that have been intentionally altered in a manner that would cause a reasonable person (a) to mistakenly believe that the manipulated image or audio is a recording of a real event and (b) to have a fundamentally different understanding or impression of the expressive content of the image or audio than that person would have if the person were hearing or seeing the unaltered, original version of the image or audio and (ii) artificially generated images or audio, which are not composed from a discernable original source image or audio recording of real events, of an identifiable individual's appearance, conduct, or speech that would cause a reasonable person to mistakenly believe is a recording of a real event.
(B) 1 It is unlawful for any committee organized under Chapter 9.3 (§ 24.2-945 et seq.) or any person to sponsorSponsor"Sponsor" means a candidate, candidate campaign committee, political committee, or person that purchases an advertisement or electioneering communication.Va. Code § 24.2-955.1 an electioneering communicationElectioneering communication"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 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum 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 or against a candidate for office in Virginia.Va. Code § 24.2-955.1 that contains synthetic mediaSynthetic media"Synthetic media" means (i) images or audio recordings of real events relating to an identifiable individual that have been intentionally altered in a manner that would cause a reasonable person (a) to mistakenly believe that the manipulated image or audio is a recording of a real event and (b) to have a fundamentally different understanding or impression of the expressive content of the image or audio than that person would have if the person were hearing or seeing the unaltered, original version of the image or audio and (ii) artificially generated images or audio, which are not composed from a discernable original source image or audio recording of real events, of an identifiable individual's appearance, conduct, or speech that would cause a reasonable person to mistakenly believe is a recording of a real event.Va. Code § 24.2-961(A) unless all of the following conditions are met: 1. The electioneering communicationElectioneering communication"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 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum 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 or against a candidate for office in Virginia.Va. Code § 24.2-955.1 also bears the legend or includes the statement: "This message contains synthetic mediaSynthetic media"Synthetic media" means (i) images or audio recordings of real events relating to an identifiable individual that have been intentionally altered in a manner that would cause a reasonable person (a) to mistakenly believe that the manipulated image or audio is a recording of a real event and (b) to have a fundamentally different understanding or impression of the expressive content of the image or audio than that person would have if the person were hearing or seeing the unaltered, original version of the image or audio and (ii) artificially generated images or audio, which are not composed from a discernable original source image or audio recording of real events, of an identifiable individual's appearance, conduct, or speech that would cause a reasonable person to mistakenly believe is a recording of a real event.Va. Code § 24.2-961(A) that has been altered from its original source or artificially generated and may present conduct or speech that did not occur." 2. The disclosure statement is communicated in a conspicuousConspicuous"Conspicuous" means so written, displayed, or communicated that a reasonable person ought to have noticed it.Va. Code § 24.2-955.1 manner. If the electioneering communicationElectioneering communication"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 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum 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 or against a candidate for office in Virginia.Va. Code § 24.2-955.1 contains visual media, the statement shall be displayed in a font size proportionate to the size of the advertisementAdvertisement"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.). "Advertisement" shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.Va. Code § 24.2-955.1. The State Board shall promulgate standards for meeting the requirements of this subdivision. 3. Any print mediaPrint media"Print media" means billboards, cards, newspapers, newspaper inserts, magazines, printed material disseminated through the mail, pamphlets, fliers, bumper stickers, periodicals, websites, electronic mail, non-video or non-audio messages placed or promoted for a fee on an online platform, yard signs, and outdoor advertising facilities. If a single print media advertisement consists of multiple pages, folds, or faces, the disclosure requirement of this section applies only to one page, fold, or face.Va. Code § 24.2-955.1 electioneering communicationElectioneering communication"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 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum 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 or against a candidate for office in Virginia.Va. Code § 24.2-955.1 appearing in electronic format displays the disclosure statement in a minimum font size of seven points. 4. If the electioneering communicationElectioneering communication"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 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum 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 or against a candidate for office in Virginia.Va. Code § 24.2-955.1 is in a video or audio format, the sponsorSponsor"Sponsor" means a candidate, candidate campaign committee, political committee, or person that purchases an advertisement or electioneering communication.Va. Code § 24.2-955.1 shall place the disclosure statement required by this section at the beginning of the electioneering communicationElectioneering communication"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 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum 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 or against a candidate for office in Virginia.Va. Code § 24.2-955.1, except if the duration of the electioneering communicationElectioneering communication"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 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum 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 or against a candidate for office in Virginia.Va. Code § 24.2-955.1 is more than five minutes, the disclosure statement is made both at the beginning and end of the electioneering communicationElectioneering communication"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 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum 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 or against a candidate for office in Virginia.Va. Code § 24.2-955.1.
(C) Any registered voter who receives an electioneering communicationElectioneering communication"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 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum 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 or against a candidate for office in Virginia.Va. Code § 24.2-955.1 in violation of this section may also institute an action for preventative relief to prohibit the publication or dissemination of such electioneering communicationElectioneering communication"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 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum 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 or against a candidate for office in Virginia.Va. Code § 24.2-955.1, including an application for a permanent or temporary injunction. Such action shall be given priority over all pending matters before the court. In any such action, the court may allow a private plaintiff to recover reasonable costs and attorney fees and shall award such costs and attorney fees if such plaintiff is the prevailing party.
(D) Media outlets, internet service providers, and online platformsOnline platform"Online platform" means any public-facing website, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements.Va. Code § 24.2-955.1 shall not be liable under this article for carriage of electioneering communicationsElectioneering communication"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 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum 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 or against a candidate for office in Virginia.Va. Code § 24.2-955.1 that fail to include the disclosure requirements provided for in this article. This provision supersedes any contrary provisions of the Code of Virginia.
(E) 2 The person accepting an electioneering communicationElectioneering communication"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 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum 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 or against a candidate for office in Virginia.Va. Code § 24.2-955.1 for a media outlet shall require, and for one year shall retain a copy of, proof of identity of the person who submits the advertisementAdvertisement"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.). "Advertisement" shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.Va. Code § 24.2-955.1 for publication or broadcast. Proof of identity shall be submitted either (i) in person and include a valid Virginia driver's license or any other identification card issued by a government agency of the Commonwealth, one of its political subdivisions, or of the United States or (ii) other than in person, in which case, the person submitting the advertisementAdvertisement"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.). "Advertisement" shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.Va. Code § 24.2-955.1 shall provide a telephone number and the person accepting the advertisementAdvertisement"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.). "Advertisement" shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.Va. Code § 24.2-955.1 may phone the person to verify the validity of the person's identifying information before publishing or broadcasting the advertisementAdvertisement"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.). "Advertisement" shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.Va. Code § 24.2-955.1.
(F) The provisions of this section shall not apply to any content that constitutes satire or parody.
This is the bill's core operative section, creating new Article 7 of Chapter 9.5 of Title 24.2. It defines synthetic media to cover both AI-altered images or audio of real events and wholly AI-generated depictions of identifiable individuals that would cause a reasonable person to mistake them for recordings of real events. Any committee organized under Virginia's campaign finance chapter or any person sponsoring an electioneering communication containing synthetic media must include a prescribed disclosure statement. The disclosure must be conspicuous, with specific formatting requirements varying by medium — proportionate font for visual media, minimum seven-point type for electronic print, and placement at the beginning (and end, if over five minutes) for video or audio.
Subsection C creates a private right of action for any registered voter who receives a non-compliant communication, limited to injunctive relief with mandatory attorney fees for prevailing plaintiffs. Subsection D shields media outlets, ISPs, and online platforms from liability for carrying non-compliant communications. Subsection E imposes identity verification and recordkeeping obligations on media outlets accepting electioneering communications. Subsection F exempts satire and parody from the section's requirements.
(D) Any sponsorSponsor"Sponsor" means a candidate, candidate campaign committee, political committee, or person that purchases an advertisement or electioneering communication.Va. Code § 24.2-955.1 violating Article 7 (§ 24.2-961) shall be subject to a civil penalty not to exceed $25,000. In the case of a willful violation, he is guilty of a Class 1 misdemeanor. In no event shall the total civil penalties imposed for multiple broadcasts of one particular electioneering communicationElectioneering communication"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 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum 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 or against a candidate for office in Virginia.Va. Code § 24.2-955.1 exceed $25,000.
(E) The State Board, in a public hearing, shall determine whether to find a violation of this chapter and to assess a civil penalty. At least 10 days prior to such hearing, the State Board shall send notice by certified mail to persons whose actions will be reviewed at such meeting and may be subject to civil penalty. Notice shall include the time and date of the meeting, an explanation of the violation, and the maximum civil penalty that may be assessed.
(F) It shall not be deemed a violation of this chapter if the contents of the disclosure legend or statement convey the required information.
(G) Any civil penalties collected pursuant to an action under this section shall be payable to the State Treasurer for deposit to the general fund. The procedure to enforce the civil penalties provided in this section shall be as stated in § 24.2-946.3.
This section establishes the penalty framework for the entire campaign advertisement disclosure chapter. The bill adds new subsection D, which subjects sponsors violating Article 7 (the synthetic media disclosure requirement in § 24.2-961) to civil penalties up to $25,000 per violation, with willful violations constituting a Class 1 misdemeanor. Total civil penalties for multiple broadcasts of a single electioneering communication are capped at $25,000. Enforcement is conducted by the State Board of Elections through public hearing, with at least 10 days' advance notice by certified mail to affected parties.
(A) 3 Prior to purchasing an online political advertisementAdvertisement"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.). "Advertisement" shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.Va. Code § 24.2-955.1 or electioneering communicationElectioneering communication"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 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum 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 or against a candidate for office in Virginia.Va. Code § 24.2-955.1 from or promoting an online political advertisementAdvertisement"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.). "Advertisement" shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.Va. Code § 24.2-955.1 or electioneering communicationElectioneering communication"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 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum 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 or against a candidate for office in Virginia.Va. Code § 24.2-955.1 on an online platformOnline platform"Online platform" means any public-facing website, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements.Va. Code § 24.2-955.1, a person shall identify himself to the online platformOnline platform"Online platform" means any public-facing website, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements.Va. Code § 24.2-955.1 as an online political advertiserOnline political advertiser"Online political advertiser" means any person who purchases an advertisement or electioneering communication from an online platform or promotes an advertisement on an online platform for a fee.Va. Code § 24.2-955.1 and certify to the online platformOnline platform"Online platform" means any public-facing website, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements.Va. Code § 24.2-955.1 that he is permitted under state and local laws to lawfully purchase or promote for a fee online political advertisementsAdvertisement"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.). "Advertisement" shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.Va. Code § 24.2-955.1 or electioneering communicationsElectioneering communication"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 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum 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 or against a candidate for office in Virginia.Va. Code § 24.2-955.1.
(B) 4 An online platformOnline platform"Online platform" means any public-facing website, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements.Va. Code § 24.2-955.1 shall establish reasonable procedures to enable online political advertisersOnline political advertiser"Online political advertiser" means any person who purchases an advertisement or electioneering communication from an online platform or promotes an advertisement on an online platform for a fee.Va. Code § 24.2-955.1 to comply with the identification and certification requirements of subsection A.
(C) An online platformOnline platform"Online platform" means any public-facing website, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements.Va. Code § 24.2-955.1 may rely in good faith on the information provided by online political advertisersOnline political advertiser"Online political advertiser" means any person who purchases an advertisement or electioneering communication from an online platform or promotes an advertisement on an online platform for a fee.Va. Code § 24.2-955.1 under this section when selling online political advertisementsAdvertisement"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.). "Advertisement" shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.Va. Code § 24.2-955.1 or electioneering communicationsElectioneering communication"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 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum 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 or against a candidate for office in Virginia.Va. Code § 24.2-955.1 to online political advertisersOnline political advertiser"Online political advertiser" means any person who purchases an advertisement or electioneering communication from an online platform or promotes an advertisement on an online platform for a fee.Va. Code § 24.2-955.1.
This section extends the existing advertiser identification and certification requirements for online political advertisements to cover electioneering communications. Online political advertisers must identify themselves and certify their lawful authority before purchasing or promoting electioneering communications on online platforms. Online platforms must establish reasonable procedures to enable compliance. The amendments are conforming changes that ensure the new electioneering communication category is subject to the same advertiser-verification framework that already applied to online political advertisements.
(21) In an action for preventative relief for a violation of § 24.2-961, the circuit court of the locality where venue would be proper pursuant to § 19.2-249.2.
This section amends Virginia's preferred venue statute to add a new subdivision 21 establishing venue for private actions seeking injunctive relief under § 24.2-961 (the synthetic media disclosure requirement). Venue lies in the circuit court of the locality where venue would be proper for criminal prosecution under § 19.2-249.2. This is a procedural amendment that creates no independent compliance obligation.
For the purpose of venue, any violation of the Virginia Computer Crimes Act (§ 18.2-152.1 et seq.) or § 18.2-386.1 or 24.2-961 shall be considered to have been committed in any county or city: 1. In which any act was performed in furtherance of any course of conduct that violated any provision listed above; 2. In which the owner has his principal place of business in the Commonwealth; 3. In which any offender had control or possession of any proceeds of the violation or of any books, records, documents, property, financial instrument, computer software, computer program, computer data, or other material or objects that were used in furtherance of the violation; 4. From which, to which, or through which any access to a computer or computer network was made whether by wires, electromagnetic waves, microwaves, optics or any other means of communication; 5. In which the offender resides; or 6. In which any computer that is an object or an instrument of the violation is located at the time of the alleged offense.
This section amends the existing venue provision for computer crimes to include violations of § 24.2-961 (the synthetic media electioneering communication section). Prosecution may be brought in any county or city where a furtherance act occurred, where the owner has a principal place of business, where the offender had possession of proceeds or materials, from or through which computer access was made, where the offender resides, or where any computer involved is located. This is a procedural amendment that creates no independent compliance obligation.