Ethics Commission
City and County of San Francisco

Electioneering Communications

VIII. Electioneering Communications

 

CommunicationDisclaimer and Manner of Display
Print ads designed to be individually distributed including mailings, door hangers, flyers, faxes, posters, newspaper and magazine ads and oversized campaign buttons and bumper stickers (buttons 10 inches in diameter or larger and stickers 60 square inches or larger)
  • “Ad paid for by [committee’s name]” (on file with Form 410 or 461).
  • “Committee major funding from [name(s) and dollar amount contributed of top three (3) donors of $5,000 or more]” additionally, if any of the top contributors are committees, [list the committees top two (2) contributors of $5,000 or more] (see example disclaimer) – each listed on a separate horizontal line, centered horizontally, in descending order, beginning with the largest contributor (not applicable to non-recipient committees)
  • “Financial disclosures are available at sfethics.org.”
  • Disclosure Format: All text must be in Arial equivalent font, in at least 14-point size, in a contrasting color, centered horizontally and, except for the names of top contributors, underlined. The names of top contributors may not be underlined and the text may not be condensed. If there are no top contributors, the “Ad paid for by” need not be underlined. All text must appear in a printed or drawn box with a solid white background at the bottom of at least one page and set apart from other printed matter.
    • “Committee major funding from” and “Not authorized by” disclaimers may not appear in all capital letters
Print ads larger than those designed to be individually distributed, such as billboards and signs (including yard signs)
  • “Ad paid for by [committee’s name]” (on file with Form 410 or 461)
  • “Committee major funding from [name(s) and dollar amount contributed of top three (3) donors of $5,000 or more]” additionally, if any of the top contributors are committees, [list the committees top two (2) contributors of $5,000 or more] (see example disclaimer)each listed on a separate horizontal line, centered horizontally, or on one line separated by commas, in descending order, beginning with the largest contributor (not applicable to non-recipient committees)
  • “Financial disclosures are available at sfethics.org.”
  • Disclosure Format: All text must be in contrasting color and in Arial equivalent font. The font must be a height of at least five percent (5%) of the advertisement, meaning that each line must be at least five percent (5%) of the advertisement, in a printed or drawn box with a solid white background on the bottom of the advertisement that is set apart from any other printed matter and shall not be condensed to be narrower than a normal non-condensed Arial equivalent type.
    • “Committee major funding from” and “Not authorized by” disclaimers may not appear in all capital letters
Radio ads, telephone calls and audio only electronic media ads
  • “Ad paid for by [committee’s name]” (on file with Form 410 or 461)
  • “Committee major funding from [name(s) and dollar amount contributed of top three (3) donors of $5,000 or more]” additionally, if any of the top contributors are committees, list the committees top two (2) contributors of $5,000 or more (see example disclaimer)” – in descending order, beginning with the largest contributor (not applicable to non-recipient committees)
  • “Financial disclosures are available at sfethics.org.”
  • Disclosure Format: Must be spoken clearly for at least three (3) seconds at the beginning of the ad or call, in a pitch and tone substantially similar to the rest of the advertisement
    • Exception: The disclaimer does not need to speak the dollar amount of contributions
  • Radio and prerecorded telephone ads must disclose only the top two (2) contributors of $5,000 or more unless the ad lasts fifteen (15) seconds or less or the disclaimer statement would last more than eight (8) seconds, in which case only the single top contributor must be disclosed
Television and video ads (including those disseminated over the Internet)
  • “Ad paid for by [committee’s name]” (on file with Form 410 or 461)
  • “Committee major funding from [name(s) and dollar amount contributed of top three (3) donors of $5,000 or more]” additionally, if any of the top contributors are committees, list the committees top two (2) contributors of $5,000 or more (see example disclaimer)” – in descending order, beginning with the largest contributor (not applicable to non-recipient committees)
  • “Financial disclosures are available at sfethics.org.”
  • The disclaimer must be spoken at the beginning of the ad (The spoken disclaimer is not required to disclose the dollar amounts of contributions)
  • Disclosure Format: All text must be centered horizontally in the disclosure area, in a contrasting color, in Arial equivalent type and, if there are top contributors, must be underlined except as specified below.The size for the smallest letters must be four percent of the height of the display screen and must be displayed at the beginning of the ad for at least five (5) seconds of a broadcast of 30 seconds or less or for at least 10 seconds of a broadcast longer than 30 seconds. If a video is distributed as an electronic media advertisement and is longer than 30 seconds, the disclosures must be displayed at the beginning of the advertisement. If the television or video ad is shorter than the required disclosure display time, the disclosure may be displayed for the length of the advertisement
    • Disclosure must appear on a solid black background on the entire bottom one third of the display screen, or bottom one-fourth (1/4) if no top contributor
    • Each top contributor must be disclosed on a separate horizontal line separate from other text, may not be underlined and may not be condensed or have the spacing between characters reduced to be narrower than a normal non-condensed Arial equivalent type, unless doing so is necessary to keep the name of a contributor from exceeding the width of the screen
    • The “Not authorized by” disclaimer must appear below all other text in the solid black background in a contrasting color, in Arial equivalent type, and in no less than 2.5 percent (2.5%) of the height of the display screen and is not required to be underlined.
    • The “Committee major funding from” and “Not authorized by” disclaimers may not appear in all capital letters
Electronic media ads that are a graphic, image, animated graphic, or animated image that an online platform hosting the ad allows to link to an internet website not covered below (except video ads, see above)
  • “Who funded this ad?” or “Paid for by” or “Ad paid for by” text included or displayed as a hyperlink, icon, button or tab in a contrasting color and font size that is easily readable by the average viewer for the duration of the
    advertisement.*
  • Must hyperlink to a website containing the “Ad paid for by,” “Committee major funding from,” “Financial disclosures are available at sfethics.org,” in a contrasting color and in no less than 8-point font
  • “Committee major funding from” disclaimer may not appear in all capital letters
  • Must remain online until thirty (30) days after the date of election

*This text is not required if including it in 8-point font would take up more than one-third of the graphic or image. In such circumstances the ad need only include a hyperlink to a website containing the website
disclosures.

Social media ads
  • “Ad paid for by,” and “Committee major funding from,”
    disclosures in a contrasting color that is easily readable by the average viewer and in no less than 10-point font on the cover or header photo committee’s profile, landing page, or similar location; disclosures are not required on each individual post or comment
  • The disclosures must be visible on the cover or header photo when the profile, landing page, or similar location is viewed from any electronic device that is commonly used to view this form of electronic media including, but not limited to, a computer screen, laptop, tablet or smart phone. If this is impracticable only a hyperlink, icon, button, or tab to an internet website containing the required “Ad paid for by,” and “Committee major funding from” disclosures is permissible.
  • “Committee major funding from” disclaimer may not appear in all capital letters
  • Not required when the only expense or cost of the communication is compensated staff time unless the account was created only for the purpose of ads under the Act
Website and email
  • “Paid for by,” “Committee major funding from,” “Financial disclosures are available at sfethics.org,” disclaimers in a contrasting color and in no less than 8-point font at the top or bottom of the email message and every publicly accessible page of the Internet website
  • “Committee major funding from” disclaimer may not appear in all capital letters
    Note: The “Committee major funding from” disclosure requirement is not applicable to non-recipient committees.
Electronic media ads that are audio only
  • See disclaimer requirements for radio ads above
Text messages sent using mass distribution technology
  • “Paid for by” or “With”, “Financial disclosures are available at sfethics.org” followed by the name of the committee, or a hyperlink or URL for an internet website containing the following disclosures:
    • “Committee major funding from [name(s) and dollar amount contributed of top three (3) donors of $5,000 or more]” additionally, if any of the top contributors are committees, list the committees top two (2) contributors of $5,000 or more (see example disclaimer)(not applicable to non-recipient committees).
    • The text of the disclosures on the internet website shall be in a color that reasonably contrasts with the background on which it appears and in no less than 8-point
  • If “With” is used:
    • The individual sending the text shall identify themselves by including: “(name of the individual) with (name of committee or hyperlink or )”
    • A disclosure using “With” may appear anywhere in the text message, including conversational content, and need not appear as a separate statement apart from the content of the
  • Top Contributors: A committee that has top contributors must comply with the following:
    • Immediately following the name of the committee or the hyperlink or URL, the text message shall also include the text “Top funders:” followed by the names of the top two contributors of $5,000 or more to the committee paying for the advertisement, separated by “&” or “and.”
    • The names of the top two contributors may be spelled using acronyms, abbreviations, or other shorthand in common usage or parlance. If the contributor is an individual their first and last name shall both be used.
    • If the disclosure would exceed 35 characters, the text should disclose only the single top contributor of $5,000 or more to the committee paying for the
    • The text message is not required to include the name of a top contributor after the text “Top funders:” If the text message includes the name of the committee paying for the advertisement and the committee’s name includes the name of that top
    • The text shall be in a color that reasonably contrasts with the background on which it appears and in a font size that is readable by the average viewer.
    • For a committee that has top contributors and uses individuals who are unpaid volunteers to send text messages with the assistance of mass distribution technology, the text message sent by these individuals are not required to disclose the top two contributors, but the text message shall include a disclosure stating that the text message is being sent by a volunteer.
  • An internet website that is hyperlinked shall remain online and available to the public until 30 days after the
  • For text message exchanges consisting of a sequence of multiple text messages sent on the same day the disclosure is only required on the first text message in the sequence that supports or opposes a candidate or

Text required to be included in a text message must be in a color that reasonably contrasts with the background on which it appears and in a font size that is readable by the average viewer

The guidance above incorporates requirements imposed pursuant to state and San Francisco law. The information on this chart does not carry the force of law. If there are any discrepancies between the chart and state or local law or their corresponding regulations and opinions, the law, regulations and opinions will control.

Revised: March 2020

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