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.
(A) As used in this section, "synthetic mediaSynthetic media"Synthetic media" means (i) images or audio recordings of real events relating to an identifiable individual that have been intentionally altered in a manner that would cause a reasonable person (a) to mistakenly believe that the manipulated image or audio is a recording of a real event and (b) to have a fundamentally different understanding or impression of the expressive content of the image or audio than that person would have if the person were hearing or seeing the unaltered, original version of the image or audio and (ii) artificially generated images or audio, which are not composed from a discernable original source image or audio recording of real events, of an identifiable individual's appearance, conduct, or speech that would cause a reasonable person to mistakenly believe is a recording of a real event.Va. Code § 24.2-961(A)" means (i) images or audio recordings of real events relating to an identifiable individual that have been intentionally altered in a manner that would cause a reasonable person (a) to mistakenly believe that the manipulated image or audio is a recording of a real event and (b) to have a fundamentally different understanding or impression of the expressive content of the image or audio than that person would have if the person were hearing or seeing the unaltered, original version of the image or audio and (ii) artificially generated images or audio, which are not composed from a discernable original source image or audio recording of real events, of an identifiable individual's appearance, conduct, or speech that would cause a reasonable person to mistakenly believe is a recording of a real event.
(B) 1 It is unlawful for any committee organized under Chapter 9.3 (§ 24.2-945 et seq.) or any person to sponsorSponsor"Sponsor" means a candidate, candidate campaign committee, political committee, or person that purchases an advertisement or electioneering communication.Va. Code § 24.2-955.1 an electioneering communicationElectioneering communication"Electioneering communication" means any message appearing in the print media, on television, on radio, or on an online platform (i) that refers to a clearly identified candidate; (ii) that is published, broadcast, or otherwise publicly distributed within 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum by the sponsor of the event or (b) a communication paid for by a federal candidate in connection with a federal election, provided that such communication does not expressly advocate for or against a candidate for office in Virginia.Va. Code § 24.2-955.1 that contains synthetic mediaSynthetic media"Synthetic media" means (i) images or audio recordings of real events relating to an identifiable individual that have been intentionally altered in a manner that would cause a reasonable person (a) to mistakenly believe that the manipulated image or audio is a recording of a real event and (b) to have a fundamentally different understanding or impression of the expressive content of the image or audio than that person would have if the person were hearing or seeing the unaltered, original version of the image or audio and (ii) artificially generated images or audio, which are not composed from a discernable original source image or audio recording of real events, of an identifiable individual's appearance, conduct, or speech that would cause a reasonable person to mistakenly believe is a recording of a real event.Va. Code § 24.2-961(A) unless all of the following conditions are met: 1. The electioneering communicationElectioneering communication"Electioneering communication" means any message appearing in the print media, on television, on radio, or on an online platform (i) that refers to a clearly identified candidate; (ii) that is published, broadcast, or otherwise publicly distributed within 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum by the sponsor of the event or (b) a communication paid for by a federal candidate in connection with a federal election, provided that such communication does not expressly advocate for or against a candidate for office in Virginia.Va. Code § 24.2-955.1 also bears the legend or includes the statement: "This message contains synthetic mediaSynthetic media"Synthetic media" means (i) images or audio recordings of real events relating to an identifiable individual that have been intentionally altered in a manner that would cause a reasonable person (a) to mistakenly believe that the manipulated image or audio is a recording of a real event and (b) to have a fundamentally different understanding or impression of the expressive content of the image or audio than that person would have if the person were hearing or seeing the unaltered, original version of the image or audio and (ii) artificially generated images or audio, which are not composed from a discernable original source image or audio recording of real events, of an identifiable individual's appearance, conduct, or speech that would cause a reasonable person to mistakenly believe is a recording of a real event.Va. Code § 24.2-961(A) that has been altered from its original source or artificially generated and may present conduct or speech that did not occur." 2. The disclosure statement is communicated in a conspicuousConspicuous"Conspicuous" means so written, displayed, or communicated that a reasonable person ought to have noticed it.Va. Code § 24.2-955.1 manner. If the electioneering communicationElectioneering communication"Electioneering communication" means any message appearing in the print media, on television, on radio, or on an online platform (i) that refers to a clearly identified candidate; (ii) that is published, broadcast, or otherwise publicly distributed within 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum by the sponsor of the event or (b) a communication paid for by a federal candidate in connection with a federal election, provided that such communication does not expressly advocate for or against a candidate for office in Virginia.Va. Code § 24.2-955.1 contains visual media, the statement shall be displayed in a font size proportionate to the size of the advertisementAdvertisement"Advertisement" means any message appearing in the print media, on television, on radio, or on an online platform, that constitutes a contribution or expenditure under Chapter 9.3 (§ 24.2-945 et seq.). "Advertisement" shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.Va. Code § 24.2-955.1. The State Board shall promulgate standards for meeting the requirements of this subdivision. 3. Any print mediaPrint media"Print media" means billboards, cards, newspapers, newspaper inserts, magazines, printed material disseminated through the mail, pamphlets, fliers, bumper stickers, periodicals, websites, electronic mail, non-video or non-audio messages placed or promoted for a fee on an online platform, yard signs, and outdoor advertising facilities. If a single print media advertisement consists of multiple pages, folds, or faces, the disclosure requirement of this section applies only to one page, fold, or face.Va. Code § 24.2-955.1 electioneering communicationElectioneering communication"Electioneering communication" means any message appearing in the print media, on television, on radio, or on an online platform (i) that refers to a clearly identified candidate; (ii) that is published, broadcast, or otherwise publicly distributed within 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum by the sponsor of the event or (b) a communication paid for by a federal candidate in connection with a federal election, provided that such communication does not expressly advocate for or against a candidate for office in Virginia.Va. Code § 24.2-955.1 appearing in electronic format displays the disclosure statement in a minimum font size of seven points. 4. If the electioneering communicationElectioneering communication"Electioneering communication" means any message appearing in the print media, on television, on radio, or on an online platform (i) that refers to a clearly identified candidate; (ii) that is published, broadcast, or otherwise publicly distributed within 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum by the sponsor of the event or (b) a communication paid for by a federal candidate in connection with a federal election, provided that such communication does not expressly advocate for or against a candidate for office in Virginia.Va. Code § 24.2-955.1 is in a video or audio format, the sponsorSponsor"Sponsor" means a candidate, candidate campaign committee, political committee, or person that purchases an advertisement or electioneering communication.Va. Code § 24.2-955.1 shall place the disclosure statement required by this section at the beginning of the electioneering communicationElectioneering communication"Electioneering communication" means any message appearing in the print media, on television, on radio, or on an online platform (i) that refers to a clearly identified candidate; (ii) that is published, broadcast, or otherwise publicly distributed within 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum by the sponsor of the event or (b) a communication paid for by a federal candidate in connection with a federal election, provided that such communication does not expressly advocate for or against a candidate for office in Virginia.Va. Code § 24.2-955.1, except if the duration of the electioneering communicationElectioneering communication"Electioneering communication" means any message appearing in the print media, on television, on radio, or on an online platform (i) that refers to a clearly identified candidate; (ii) that is published, broadcast, or otherwise publicly distributed within 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum by the sponsor of the event or (b) a communication paid for by a federal candidate in connection with a federal election, provided that such communication does not expressly advocate for or against a candidate for office in Virginia.Va. Code § 24.2-955.1 is more than five minutes, the disclosure statement is made both at the beginning and end of the electioneering communicationElectioneering communication"Electioneering communication" means any message appearing in the print media, on television, on radio, or on an online platform (i) that refers to a clearly identified candidate; (ii) that is published, broadcast, or otherwise publicly distributed within 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum by the sponsor of the event or (b) a communication paid for by a federal candidate in connection with a federal election, provided that such communication does not expressly advocate for or against a candidate for office in Virginia.Va. Code § 24.2-955.1.
(C) Any registered voter who receives an electioneering communicationElectioneering communication"Electioneering communication" means any message appearing in the print media, on television, on radio, or on an online platform (i) that refers to a clearly identified candidate; (ii) that is published, broadcast, or otherwise publicly distributed within 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum by the sponsor of the event or (b) a communication paid for by a federal candidate in connection with a federal election, provided that such communication does not expressly advocate for or against a candidate for office in Virginia.Va. Code § 24.2-955.1 in violation of this section may also institute an action for preventative relief to prohibit the publication or dissemination of such electioneering communicationElectioneering communication"Electioneering communication" means any message appearing in the print media, on television, on radio, or on an online platform (i) that refers to a clearly identified candidate; (ii) that is published, broadcast, or otherwise publicly distributed within 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum by the sponsor of the event or (b) a communication paid for by a federal candidate in connection with a federal election, provided that such communication does not expressly advocate for or against a candidate for office in Virginia.Va. Code § 24.2-955.1, including an application for a permanent or temporary injunction. Such action shall be given priority over all pending matters before the court. In any such action, the court may allow a private plaintiff to recover reasonable costs and attorney fees and shall award such costs and attorney fees if such plaintiff is the prevailing party.
(D) Media outlets, internet service providers, and online platformsOnline platform"Online platform" means any public-facing website, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements.Va. Code § 24.2-955.1 shall not be liable under this article for carriage of electioneering communicationsElectioneering communication"Electioneering communication" means any message appearing in the print media, on television, on radio, or on an online platform (i) that refers to a clearly identified candidate; (ii) that is published, broadcast, or otherwise publicly distributed within 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum by the sponsor of the event or (b) a communication paid for by a federal candidate in connection with a federal election, provided that such communication does not expressly advocate for or against a candidate for office in Virginia.Va. Code § 24.2-955.1 that fail to include the disclosure requirements provided for in this article. This provision supersedes any contrary provisions of the Code of Virginia.
(E) 2 The person accepting an electioneering communicationElectioneering communication"Electioneering communication" means any message appearing in the print media, on television, on radio, or on an online platform (i) that refers to a clearly identified candidate; (ii) that is published, broadcast, or otherwise publicly distributed within 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum by the sponsor of the event or (b) a communication paid for by a federal candidate in connection with a federal election, provided that such communication does not expressly advocate for or against a candidate for office in Virginia.Va. Code § 24.2-955.1 for a media outlet shall require, and for one year shall retain a copy of, proof of identity of the person who submits the advertisementAdvertisement"Advertisement" means any message appearing in the print media, on television, on radio, or on an online platform, that constitutes a contribution or expenditure under Chapter 9.3 (§ 24.2-945 et seq.). "Advertisement" shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.Va. Code § 24.2-955.1 for publication or broadcast. Proof of identity shall be submitted either (i) in person and include a valid Virginia driver's license or any other identification card issued by a government agency of the Commonwealth, one of its political subdivisions, or of the United States or (ii) other than in person, in which case, the person submitting the advertisementAdvertisement"Advertisement" means any message appearing in the print media, on television, on radio, or on an online platform, that constitutes a contribution or expenditure under Chapter 9.3 (§ 24.2-945 et seq.). "Advertisement" shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.Va. Code § 24.2-955.1 shall provide a telephone number and the person accepting the advertisementAdvertisement"Advertisement" means any message appearing in the print media, on television, on radio, or on an online platform, that constitutes a contribution or expenditure under Chapter 9.3 (§ 24.2-945 et seq.). "Advertisement" shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.Va. Code § 24.2-955.1 may phone the person to verify the validity of the person's identifying information before publishing or broadcasting the advertisementAdvertisement"Advertisement" means any message appearing in the print media, on television, on radio, or on an online platform, that constitutes a contribution or expenditure under Chapter 9.3 (§ 24.2-945 et seq.). "Advertisement" shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.Va. Code § 24.2-955.1.
(F) The provisions of this section shall not apply to any content that constitutes satire or parody.
This is the bill's core operative section, creating new Article 7 of Chapter 9.5 of Title 24.2. It defines synthetic media — covering both intentionally altered and wholly artificially generated images or audio of identifiable individuals that would mislead a reasonable person — and prohibits any committee or person from sponsoring an electioneering communication containing synthetic media unless the communication bears a prescribed disclosure statement. The disclosure must be conspicuous, use prescribed verbatim language, meet minimum font-size requirements for electronic print media, and be placed at the beginning (and end, if the communication exceeds five minutes) of video or audio formats.
The section also creates a private right of action for any registered voter who receives a non-compliant electioneering communication to seek injunctive relief, with prevailing-party attorney fees. Media outlets, ISPs, and online platforms are immunized from liability for carriage of non-compliant communications. Persons accepting electioneering communications for media outlets must verify and retain proof of the submitter's identity for one year. A blanket exemption applies to satire and parody.
The disclosure requirements of this chapter apply to any sponsor of an advertisementAdvertisement"Advertisement" means any message appearing in the print media, on television, on radio, or on an online platform, that constitutes a contribution or expenditure under Chapter 9.3 (§ 24.2-945 et seq.). "Advertisement" shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.Va. Code § 24.2-955.1 or electioneering communicationElectioneering communication"Electioneering communication" means any message appearing in the print media, on television, on radio, or on an online platform (i) that refers to a clearly identified candidate; (ii) that is published, broadcast, or otherwise publicly distributed within 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum by the sponsor of the event or (b) a communication paid for by a federal candidate in connection with a federal election, provided that such communication does not expressly advocate for or against a candidate for office in Virginia.Va. Code § 24.2-955.1 in the print mediaPrint media"Print media" means billboards, cards, newspapers, newspaper inserts, magazines, printed material disseminated through the mail, pamphlets, fliers, bumper stickers, periodicals, websites, electronic mail, non-video or non-audio messages placed or promoted for a fee on an online platform, yard signs, and outdoor advertising facilities. If a single print media advertisement consists of multiple pages, folds, or faces, the disclosure requirement of this section applies only to one page, fold, or face.Va. Code § 24.2-955.1, on radio or television, or placed or promoted for a fee on an online platformOnline platform"Online platform" means any public-facing website, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements.Va. Code § 24.2-955.1, the cost or value of which constitutes an expenditure or contribution required to be disclosed under Chapter 9.3 (§ 24.2-945 et seq.) except that the disclosure requirements of this chapter do not apply to (i) an individual who makes independent expenditures aggregating less than $1,000 in an election cycle for or against a candidate for statewide office or less than $200 in an election cycle for or against a candidate for any other office or (ii) an individual who incurs expenses only with respect to a referendum.
This section extends the scope of Virginia's existing campaign advertisement disclosure requirements to cover electioneering communications in addition to advertisements. The amendment adds "or electioneering communication" to the existing scope provision, ensuring that the disclosure framework in Chapter 9.5 of Title 24.2 now reaches paid messages referring to clearly identified candidates within 60 days of an election, regardless of whether they constitute formal campaign expenditures or contributions.
"Electioneering communicationElectioneering communication"Electioneering communication" means any message appearing in the print media, on television, on radio, or on an online platform (i) that refers to a clearly identified candidate; (ii) that is published, broadcast, or otherwise publicly distributed within 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum by the sponsor of the event or (b) a communication paid for by a federal candidate in connection with a federal election, provided that such communication does not expressly advocate for or against a candidate for office in Virginia.Va. Code § 24.2-955.1" means any message appearing in the print mediaPrint media"Print media" means billboards, cards, newspapers, newspaper inserts, magazines, printed material disseminated through the mail, pamphlets, fliers, bumper stickers, periodicals, websites, electronic mail, non-video or non-audio messages placed or promoted for a fee on an online platform, yard signs, and outdoor advertising facilities. If a single print media advertisement consists of multiple pages, folds, or faces, the disclosure requirement of this section applies only to one page, fold, or face.Va. Code § 24.2-955.1, on television, on radio, or on an online platformOnline platform"Online platform" means any public-facing website, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements.Va. Code § 24.2-955.1 (i) that refers to a clearly identified candidate; (ii) that is published, broadcast, or otherwise publicly distributed within 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communicationElectioneering communication"Electioneering communication" means any message appearing in the print media, on television, on radio, or on an online platform (i) that refers to a clearly identified candidate; (ii) that is published, broadcast, or otherwise publicly distributed within 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum by the sponsor of the event or (b) a communication paid for by a federal candidate in connection with a federal election, provided that such communication does not expressly advocate for or against a candidate for office in Virginia.Va. Code § 24.2-955.1" does not include (a) a candidate debate or forum or promotion of such debate or forum by the sponsor of the event or (b) a communication paid for by a federal candidate in connection with a federal election, provided that such communication does not expressly advocate for or against a candidate for office in Virginia.
"Online political advertiserOnline political advertiser"Online political advertiser" means any person who purchases an advertisement or electioneering communication from an online platform or promotes an advertisement on an online platform for a fee.Va. Code § 24.2-955.1" means any person who purchases an advertisementAdvertisement"Advertisement" means any message appearing in the print media, on television, on radio, or on an online platform, that constitutes a contribution or expenditure under Chapter 9.3 (§ 24.2-945 et seq.). "Advertisement" shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.Va. Code § 24.2-955.1 or electioneering communicationElectioneering communication"Electioneering communication" means any message appearing in the print media, on television, on radio, or on an online platform (i) that refers to a clearly identified candidate; (ii) that is published, broadcast, or otherwise publicly distributed within 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum by the sponsor of the event or (b) a communication paid for by a federal candidate in connection with a federal election, provided that such communication does not expressly advocate for or against a candidate for office in Virginia.Va. Code § 24.2-955.1 from an online platformOnline platform"Online platform" means any public-facing website, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements.Va. Code § 24.2-955.1 or promotes an advertisementAdvertisement"Advertisement" means any message appearing in the print media, on television, on radio, or on an online platform, that constitutes a contribution or expenditure under Chapter 9.3 (§ 24.2-945 et seq.). "Advertisement" shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.Va. Code § 24.2-955.1 on an online platformOnline platform"Online platform" means any public-facing website, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements.Va. Code § 24.2-955.1 for a fee.
"SponsorSponsor"Sponsor" means a candidate, candidate campaign committee, political committee, or person that purchases an advertisement or electioneering communication.Va. Code § 24.2-955.1" means a candidate, candidate campaign committee, political committee, or person that purchases an advertisementAdvertisement"Advertisement" means any message appearing in the print media, on television, on radio, or on an online platform, that constitutes a contribution or expenditure under Chapter 9.3 (§ 24.2-945 et seq.). "Advertisement" shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.Va. Code § 24.2-955.1 or electioneering communicationElectioneering communication"Electioneering communication" means any message appearing in the print media, on television, on radio, or on an online platform (i) that refers to a clearly identified candidate; (ii) that is published, broadcast, or otherwise publicly distributed within 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum by the sponsor of the event or (b) a communication paid for by a federal candidate in connection with a federal election, provided that such communication does not expressly advocate for or against a candidate for office in Virginia.Va. Code § 24.2-955.1.
This section adds the definition of electioneering communication to the existing campaign advertising disclosure definitions chapter and amends the definitions of "online political advertiser" and "sponsor" to include electioneering communications alongside advertisements. The electioneering communication definition mirrors federal concepts but is tailored to Virginia elections, covering paid messages referring to a clearly identified candidate published within 60 days of an election, with carve-outs for candidate debates and federal-candidate communications that do not expressly advocate for or against Virginia candidates.
(D) Any sponsorSponsor"Sponsor" means a candidate, candidate campaign committee, political committee, or person that purchases an advertisement or electioneering communication.Va. Code § 24.2-955.1 violating Article 7 (§ 24.2-961) shall be subject to a civil penalty not to exceed $25,000. In the case of a willful violation, he is guilty of a Class 1 misdemeanor. In no event shall the total civil penalties imposed for multiple broadcasts of one particular electioneering communicationElectioneering communication"Electioneering communication" means any message appearing in the print media, on television, on radio, or on an online platform (i) that refers to a clearly identified candidate; (ii) that is published, broadcast, or otherwise publicly distributed within 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum by the sponsor of the event or (b) a communication paid for by a federal candidate in connection with a federal election, provided that such communication does not expressly advocate for or against a candidate for office in Virginia.Va. Code § 24.2-955.1 exceed $25,000.
(E) The State Board, in a public hearing, shall determine whether to find a violation of this chapter and to assess a civil penalty. At least 10 days prior to such hearing, the State Board shall send notice by certified mail to persons whose actions will be reviewed at such meeting and may be subject to civil penalty. Notice shall include the time and date of the meeting, an explanation of the violation, and the maximum civil penalty that may be assessed.
(F) It shall not be deemed a violation of this chapter if the contents of the disclosure legend or statement convey the required information.
(G) Any civil penalties collected pursuant to an action under this section shall be payable to the State Treasurer for deposit to the general fund. The procedure to enforce the civil penalties provided in this section shall be as stated in § 24.2-946.3.
This section adds a new subsection (D) establishing penalties specifically for violations of the new Article 7 synthetic-media disclosure requirements. Sponsors violating § 24.2-961 face a civil penalty up to $25,000, with total penalties for multiple broadcasts of one electioneering communication capped at $25,000. Willful violations are elevated to a Class 1 misdemeanor. The State Board of Elections conducts the enforcement hearing with at least 10 days' certified-mail notice. Civil penalties are deposited to the general fund.
(A) 3 Prior to purchasing an online political advertisementAdvertisement"Advertisement" means any message appearing in the print media, on television, on radio, or on an online platform, that constitutes a contribution or expenditure under Chapter 9.3 (§ 24.2-945 et seq.). "Advertisement" shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.Va. Code § 24.2-955.1 or electioneering communicationElectioneering communication"Electioneering communication" means any message appearing in the print media, on television, on radio, or on an online platform (i) that refers to a clearly identified candidate; (ii) that is published, broadcast, or otherwise publicly distributed within 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum by the sponsor of the event or (b) a communication paid for by a federal candidate in connection with a federal election, provided that such communication does not expressly advocate for or against a candidate for office in Virginia.Va. Code § 24.2-955.1 from or promoting an online political advertisementAdvertisement"Advertisement" means any message appearing in the print media, on television, on radio, or on an online platform, that constitutes a contribution or expenditure under Chapter 9.3 (§ 24.2-945 et seq.). "Advertisement" shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.Va. Code § 24.2-955.1 or electioneering communicationElectioneering communication"Electioneering communication" means any message appearing in the print media, on television, on radio, or on an online platform (i) that refers to a clearly identified candidate; (ii) that is published, broadcast, or otherwise publicly distributed within 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum by the sponsor of the event or (b) a communication paid for by a federal candidate in connection with a federal election, provided that such communication does not expressly advocate for or against a candidate for office in Virginia.Va. Code § 24.2-955.1 on an online platformOnline platform"Online platform" means any public-facing website, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements.Va. Code § 24.2-955.1, a person shall identify himself to the online platformOnline platform"Online platform" means any public-facing website, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements.Va. Code § 24.2-955.1 as an online political advertiserOnline political advertiser"Online political advertiser" means any person who purchases an advertisement or electioneering communication from an online platform or promotes an advertisement on an online platform for a fee.Va. Code § 24.2-955.1 and certify to the online platformOnline platform"Online platform" means any public-facing website, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements.Va. Code § 24.2-955.1 that he is permitted under state and local laws to lawfully purchase or promote for a fee online political advertisementsAdvertisement"Advertisement" means any message appearing in the print media, on television, on radio, or on an online platform, that constitutes a contribution or expenditure under Chapter 9.3 (§ 24.2-945 et seq.). "Advertisement" shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.Va. Code § 24.2-955.1 or electioneering communicationsElectioneering communication"Electioneering communication" means any message appearing in the print media, on television, on radio, or on an online platform (i) that refers to a clearly identified candidate; (ii) that is published, broadcast, or otherwise publicly distributed within 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum by the sponsor of the event or (b) a communication paid for by a federal candidate in connection with a federal election, provided that such communication does not expressly advocate for or against a candidate for office in Virginia.Va. Code § 24.2-955.1.
(B) 4 An online platformOnline platform"Online platform" means any public-facing website, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements.Va. Code § 24.2-955.1 shall establish reasonable procedures to enable online political advertisersOnline political advertiser"Online political advertiser" means any person who purchases an advertisement or electioneering communication from an online platform or promotes an advertisement on an online platform for a fee.Va. Code § 24.2-955.1 to comply with the identification and certification requirements of subsection A.
(C) An online platformOnline platform"Online platform" means any public-facing website, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements.Va. Code § 24.2-955.1 may rely in good faith on the information provided by online political advertisersOnline political advertiser"Online political advertiser" means any person who purchases an advertisement or electioneering communication from an online platform or promotes an advertisement on an online platform for a fee.Va. Code § 24.2-955.1 under this section when selling online political advertisementsAdvertisement"Advertisement" means any message appearing in the print media, on television, on radio, or on an online platform, that constitutes a contribution or expenditure under Chapter 9.3 (§ 24.2-945 et seq.). "Advertisement" shall not include novelty items authorized by a candidate including, but not limited to, pens, pencils, magnets, and buttons to be attached to wearing apparel.Va. Code § 24.2-955.1 or electioneering communicationsElectioneering communication"Electioneering communication" means any message appearing in the print media, on television, on radio, or on an online platform (i) that refers to a clearly identified candidate; (ii) that is published, broadcast, or otherwise publicly distributed within 60 days of an election for the office sought by the candidate and is targeted to the relevant electorate; and (iii) for which money and services of any amount, or any other thing of value, was paid, loaned, provided, or in any other way disbursed. "Electioneering communication" does not include (a) a candidate debate or forum or promotion of such debate or forum by the sponsor of the event or (b) a communication paid for by a federal candidate in connection with a federal election, provided that such communication does not expressly advocate for or against a candidate for office in Virginia.Va. Code § 24.2-955.1 to online political advertisersOnline political advertiser"Online political advertiser" means any person who purchases an advertisement or electioneering communication from an online platform or promotes an advertisement on an online platform for a fee.Va. Code § 24.2-955.1.
This section extends the existing online political advertiser identification and certification requirements to cover electioneering communications. Persons purchasing or promoting electioneering communications on online platforms must identify themselves as online political advertisers and certify compliance with state and local law before the purchase. Online platforms must establish reasonable procedures for 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 adds a new subdivision 21 to Virginia's preferred-venue statute, establishing venue for private actions seeking preventive relief (injunctions) under § 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, which includes any county or city where an act in furtherance of the violation occurred, where the offender resides, or where any computer used in the violation is located.
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 adds § 24.2-961 to the list of statutes for which the computer-crime venue rules apply. Violations of the synthetic-media disclosure requirement may be prosecuted in any county or city where an act in furtherance of the violation occurred, where the owner has a principal place of business, where the offender had control of proceeds or materials, from or through which computer or network access was made, where the offender resides, or where any computer that is an instrument of the violation is located.