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 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 campaign advertisement disclosure framework to cover the newly defined category of electioneering communications, in addition to advertisements. The amendment adds "or electioneering communication" to the existing scope provision, ensuring that messages referencing a clearly identified candidate within 60 days of an election are subject to the same disclosure requirements that currently apply to campaign advertisements.
As used in this chapter, unless the context requires a different meaning: ... "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.
This section provides the definitions applicable to the entire chapter on political campaign advertisements. The bill's key amendments add the defined term electioneering communication — covering messages that refer to a clearly identified candidate, are distributed within 60 days of an election, and involve any expenditure — and extend several existing definitions (sponsor, 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 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, audio, or video that are not composed from a discernable original source image, audio, or video recording of real or staged events of an identifiable individual's appearance, conduct, or speech that would cause a reasonable person to mistakenly believe that the artificially generated image, audio, or video 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, audio, or video that are not composed from a discernable original source image, audio, or video recording of real or staged events of an identifiable individual's appearance, conduct, or speech that would cause a reasonable person to mistakenly believe that the artificially generated image, audio, or video 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, audio, or video that are not composed from a discernable original source image, audio, or video recording of real or staged events of an identifiable individual's appearance, conduct, or speech that would cause a reasonable person to mistakenly believe that the artificially generated image, audio, or video 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, audio, or video that are not composed from a discernable original source image, audio, or video recording of real or staged events of an identifiable individual's appearance, conduct, or speech that would cause a reasonable person to mistakenly believe that the artificially generated image, audio, or video 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 Article 7 of Chapter 9.5 of Title 24.2. It makes it unlawful for any committee organized under Virginia's campaign finance laws, or any person, to sponsor an electioneering communication containing synthetic media unless the communication includes a prescribed disclosure legend and meets specific formatting requirements — including conspicuous display, minimum font sizes for electronic print media, and placement at the beginning (and end, if over five minutes) of audio/video content. The State Board of Elections is directed to promulgate display standards.
The section creates a private right of action for any registered voter who receives a non-compliant communication, authorizing injunctive relief with mandatory attorney fees for prevailing plaintiffs. It shields media outlets, ISPs, and online platforms from liability for carrying non-compliant communications. Media outlets accepting electioneering communications must verify and retain proof of the submitter's identity for one year. Satire and parody are expressly exempted.
(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 establishes the penalty framework for the entire campaign advertisements chapter, including the new Article 7 synthetic media disclosure requirements. The bill adds subsection D, which subjects sponsors violating Article 7 (§ 24.2-961) to a civil penalty of up to $25,000, with willful violations constituting a Class 1 misdemeanor. Total civil penalties for multiple broadcasts of one particular electioneering communication are capped at $25,000. The State Board of Elections determines violations and assesses civil penalties through a public hearing with certified-mail notice at least 10 days prior.
(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 extends existing online political advertiser identification and certification requirements to cover electioneering communications in addition to advertisements. Online political advertisers must identify themselves to the online platform and certify compliance with applicable law before purchasing or promoting an electioneering communication. Online platforms must establish reasonable procedures to enable compliance and 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 is amended to add subdivision 21, establishing preferred venue for private actions seeking preventative relief (injunctions) for violations of § 24.2-961. 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 provision 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 is amended to add § 24.2-961 to the list of statutes for which venue is determined under the computer-crimes venue rules. This means criminal prosecution of synthetic media electioneering communication violations may be brought in any county or city where an act in furtherance of the violation occurred, where the offender resides, or where the offender had possession of proceeds or materials used in the violation, among other options. This is a procedural provision with no independent compliance obligation.