March 5, 2024, Presidential Primary Election, Campaign Guide: Campaign Literature

Mass Mailings

Important! If you are planning any type of mass mailing, please contact the post office in advance for specific postal regulations.

A "mass mailing" is legally defined as more than 200 substantially similar pieces of mail sent by an officeholder, candidate, or committee in a calendar month. It does not include form letters or other mail which is sent in response to an unsolicited request, letter, or other inquiry.

• ▶ Fair Political Practices Commission Regulation § 18435; Government Code § 82041.5
  

Mass Mailing Requirements

1. 1. Except as provided in subdivision (b), a candidate, candidate controlled committee established for an elective office for the controlling candidate, or political party committee shall not send a mass mailing unless the name, street address, and city of the candidate or committee are shown on the outside of each piece of mail in the mass mailing and on at least one of the inserts included within each piece of mail of the mailing in no less than 6-point font that is in a color or print that contrasts with the background so as to be easily legible. A post office box may be stated in lieu of a street address if the candidate’s, candidate-controlled committee established for an elective office for the controlling candidate’s, or political party committee’s address is a matter of public record with the Secretary of State.
   2. Except as provided in subdivision (b), a committee, other than a candidate controlled committee established for an elective office for the controlling candidate or a political party committee, shall not send a mass mailing that is not required to include a disclosure pursuant to § 84504.2 unless the name, street address, and city of the committee is shown on the outside of each piece of mail in the mass mailing and on at least one of the inserts included within each piece of mail of the mailing in no less than 6-point type that is in a color or print that contrasts with the background so as to be easily legible. A post office box may be stated in lieu of a street address if the committee’s address is a matter of public record with the Secretary of State.
2. If the sender of the mass mailing is a single candidate or committee, the name, street address, and city of the candidate or committee need only be shown on the outside of each piece of mail.
3. 1. A candidate, candidate-controlled committee established for an elective office for the controlling candidate, or political party committee shall not send a mass electronic mailing unless the name of the candidate or committee is shown in the electronic mailing preceded by the words “Paid for by” in at least the same size font as a majority of the text in the electronic mailing.
   2. A committee, other than a candidate controlled committee established for an elective office for the controlling candidate or a political party committee, shall not send a mass electronic mailing that is not required to include a disclosure pursuant to §§ 84502 or 84504.3 unless the name of the committee is shown in the electronic mailing preceded by the words “Paid for by” in at least the same size font as a majority of the text in the electronic mailing.
4. If the sender of a mass mailing is a controlled committee, the name of the person controlling the committee shall be included in addition to the information required by subdivision (a) or (c).
5. For purposes of this section, the following terms have the following meanings:
   1. “Mass electronic mailing” means sending more than 200 substantially similar pieces of electronic mail within a calendar month. “Mass electronic mailing” does not include a communication that was solicited by the recipient, including, but not limited to, acknowledgments for contributions or information that the recipient communicated to the organization.
   2. “Sender” means the candidate, candidate controlled committee established for an elective office for the controlling candidate, or political party committee who pays for the largest portion of expenditures attributable to the designing, printing, and posting of the mailing which are reportable pursuant to §§ 84200 to 84216.5, inclusive.
   3. To “pay for” a share of the cost of a mass mailing means to make, to promise to make, or to incur an obligation to make, any payment: (A) to any person for the design, printing, postage, materials, or other costs of the mailing, including salaries, fees, or commissions, or (B) as a fee or other consideration for an endorsement or, in the case of a ballot measure, support or opposition, in the mailing.
6. This section does not apply to a mass mailing or mass electronic mailing that is paid for by an independent expenditure.

• ▶ Government Code § 84305

All campaign committees, including candidate, ballot measure, general purpose, major donor, and independent expenditure committees, must provide the words “Paid for by” when the committee sends a mass mailing via U.S. mail or through electronic mail. This identification must be presented in the same size and color as the committee name—no less than 6-point type and in a color or print that contrasts with the background and is easily legible. The words “Paid for by” shall be immediately adjacent to and above or immediately adjacent to and in front of the committee name and address.

• ▶ Fair Political Practices Commission Regulation § 18435

Mass Mailing Prohibitions

No newsletter or other mass mailing shall be sent at public expense.

Notwithstanding Government Code § 89002(b), a mass mailing as defined in Government Code § 82041.5 that meets the criteria of subdivision (a) of Government Code § 89002 shall not be sent within the 60 days preceding an election by or on behalf of a candidate whose name will appear on the ballot at that election, except as provided in paragraphs (2) to (8), inclusive, and paragraph (10) of subdivision (b) of Government Code § 89002.

• ▶ Government Code § 89003

Political Advertising Requirements — Newspapers

Any paid political advertisement that refers to an election or to any candidate for state or local elective office and that is contained in or distributed with a newspaper, shall bear on each surface or page thereof, in type or lettering at least half as large as the type or lettering of the advertisement or in 10-point roman type, whichever is larger, the words “Paid Political Advertisement.”  The words shall be set apart from any other printed matter.

As used in this section “paid political advertisement” shall mean and shall be limited to, published statements paid for by advertisers for purposes of supporting or defeating any person who has filed for an elective state or local office.

• ▶ Elections Code § 20008

Truth in Endorsements Law

Enacted in 1994, this law places restrictions on endorsements, imposes representation requirements, etc. It is found in §§ 20000-20010 of the Elections Code.

Simulated Ballot Requirements

1. Truth in Endorsements Law also contains requirements for simulated ballots and simulated county voter information guides. Specifically, they shall bear on each surface or page thereof, in type or lettering at least half as large as the type or lettering of the statement or words or in 10-point roman type, whichever is larger, in a printed or drawn box and set apart from any other printed matter, the following statement:
   
   

   Notice to Voters (Required by Law)

   This is not an official ballot or official county voter information guide prepared by the county elections official, or the Secretary of State.

   This is an unofficial, marked ballot prepared by (insert name and address of the person or organization responsible for preparation thereof).

   
   This section shall not be construed as requiring this notice in any editorial or other statement appearing in a regularly published newspaper or magazine other than a paid political advertisement.
2. A simulated ballot or simulated county voter information guide referred to in subdivision (a) shall not bear an official seal or the insignia of a public entity, and that seal or insignia shall not appear upon the envelope in which it is mailed or otherwise delivered.
3. The superior court, in a case brought before it by any registered voter, may issue a temporary or permanent restraining order or injunction against the publication, printing, circulation, posting, or distribution of any matter in violation of this section, and all cases of this nature shall be in a preferred position for purposes of trial and appeal, so as to assure the speedy disposition of cases of this nature.

• ▶ Elections Code § 20009

Electioneering Near Voting Locations

No person on Election Day or at any time that a voter may be casting a ballot, shall, within 100 feet of a polling place or an elections official’s office:

• Circulate an initiative, referendum, recall, or nomination petition or any other petition.
• Solicit a vote or speak to a voter on the subject of marking his or her ballot.
• Place a sign relating to voters’ qualifications or speak to a voter on the subject of his or her qualifications except as provided in Section 14240.
• Do any electioneering.

As used in this section, “100 feet of a polling place or an elections official’s office” means a distance 100 feet from the room or rooms in which voters are signing the roster and/or casting ballots.

Any person who violates any of the provisions of this section is guilty of a misdemeanor.

• ▶Elections Code § 18370