WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
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.
(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 such 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 that 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 that the artificially generated image or audio 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 such 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 that 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 that the artificially generated image or audio 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 the Commonwealth.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 such 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 that 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 that the artificially generated image or audio 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 the Commonwealth.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 such 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 that 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 that the artificially generated image or audio 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 the Commonwealth.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 the Commonwealth.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 the Commonwealth.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 the Commonwealth.Va. Code § 24.2-955.1; however, 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 the Commonwealth.Va. Code § 24.2-955.1 is more than five minutes, the disclosure statement shall be 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 the Commonwealth.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 the Commonwealth.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 the Commonwealth.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 section 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 the Commonwealth.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 the Commonwealth.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 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 the Commonwealth.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 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 the Commonwealth.Va. Code § 24.2-955.1 shall provide a telephone number and the person accepting 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 the Commonwealth.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 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 the Commonwealth.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 intentionally altered recordings and wholly AI-generated images or audio of identifiable individuals, then prohibits any committee or person from sponsoring an electioneering communication containing synthetic media unless the communication bears a prescribed verbatim disclosure legend and meets format-specific presentation requirements. The disclosure must appear in a conspicuous manner — proportionate font for visual media, minimum 7-point font for electronic print, and at the beginning (and end, if over five minutes) for video or audio formats.
The section also creates a private right of action for registered voters to seek injunctive relief, exempts media outlets, ISPs, and online platforms from carriage liability, imposes a one-year identity-retention obligation on media outlets accepting electioneering communications, and carves out satire and parody from the section's reach.
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 the Commonwealth.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 existing disclosure chapter's scope to cover electioneering communications in addition to advertisements. The amendment adds 'or electioneering communication' to the existing scope provision, ensuring that the chapter's disclosure framework — including penalties, venue rules, and advertiser certification requirements — applies to the new category of communications defined by the bill.
"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 the Commonwealth.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 the Commonwealth.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 the Commonwealth.
"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 the Commonwealth.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.
"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 the Commonwealth.Va. Code § 24.2-955.1.
This section amends the existing definitions section of Virginia's campaign advertising disclosure chapter to add the new defined term electioneering communication — a 60-day pre-election message referring to a clearly identified candidate that is publicly distributed for value — and to extend existing definitions of sponsor and online political advertiser to cover electioneering communications in addition to advertisements.
(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 the Commonwealth.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 amends the existing penalty framework to add new subsection D covering violations of the synthetic-media disclosure requirement in Article 7 (§ 24.2-961). Penalties mirror those for existing advertising disclosure violations: civil penalty up to $25,000, 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 proceeds through a State Board public hearing with at least 10 days' certified-mail notice.
(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 the Commonwealth.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 the Commonwealth.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 the Commonwealth.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 the Commonwealth.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 amends existing online political advertiser identification and certification requirements to extend them to electioneering communications. Online political advertisers must now identify themselves to the platform and certify legal compliance before purchasing or promoting electioneering communications, in addition to advertisements. Online platforms must provide reasonable procedures for compliance. Platforms may rely in good faith on the information provided.
(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 subdivision 21, establishing that civil actions for preventative relief under § 24.2-961 (the synthetic-media electioneering disclosure requirement) may be brought in the circuit court of the locality where venue would be proper pursuant to the computer-crimes venue provision at § 19.2-249.2.
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 computer-crimes venue statute to include violations of § 24.2-961 (synthetic-media electioneering communications). This provides broad venue options for prosecution — any county or city where an act in furtherance occurred, where the owner's principal Virginia business is located, where proceeds or materials were controlled, from which computer access was made, where the offender resides, or where the relevant computer is located.