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Independent Expenditure Ads on Ballot Measures (by Candidates and Political Party Committees)

English

  • 4. Independent Expenditure Ads on Ballot Measures

(by Candidates and Political Party Committees)

 

Communication Disclaimer 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 ten (10) inches in diameter or larger and stickers sixty (60) square inches or larger)
  • “Ad paid for by [committee’s name]” (on file with Form 410). ) (Note: a printed letter ad may use “Paid for by” instead of “Ad paid for by”).
  • “Financial disclosures are available at sfethics.org.”
  • Disclosure Format: Text must be in no less than 14-point bold font and in a color that has a reasonable degree of contrast with the background of the advertisement.
  • Artificial Intelligence: If a committee creates, originally publishes, or originally distributes an ad that contains any image that is generated or substantially altered using artificial intelligence, a disclosure stating: “Ad generated or substantially altered using artificial intelligence.” is required in the same manner as the other disclosures and in a clear and conspicuous format. An image is generated or substantially altered using artificial intelligence if:
    1. The ad is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic; or
    2. The media used in the ad is materially altered by artificial intelligence such that the alteration would cause a reasonable person to have a fundamentally different understanding of the altered media when comparing it to an unaltered version.
      • An image is not generated or substantially altered using artificial intelligence if the media is immaterially altered by artificial intelligence, including a cosmetic adjustment, color edit, cropped image, or resized image.
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)
  • “Financial disclosures are available at sfethics.org.”
  • Disclosure Format: Text must constitute 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, and must appear in a color that has a reasonable degree of contrast with the background
  • Committee Name: the text for the name of the committee may be shortened by displaying only enough of the first part of the committee name to uniquely identify the committee.
  • Artificial Intelligence: If a committee creates, originally publishes, or originally distributes an ad that contains any image that is generated or substantially altered using artificial intelligence, a disclosure stating: “Ad generated or substantially altered using artificial intelligence.” is required in the same manner as the other disclosures and in a clear and conspicuous format. An image is generated or substantially altered using artificial intelligence if:
    1. The ad is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic; or
    2. The media used in the ad is materially altered by artificial intelligence such that the alteration would cause a reasonable person to have a fundamentally different understanding of the altered media when comparing it to an unaltered version.
      • An image is not generated or substantially altered using artificial intelligence if the media is immaterially altered by artificial intelligence, including a cosmetic adjustment, color edit, cropped image, or resized image.
Radio ads, telephone calls and non-third party influencer audio only electronic media ads
  • “Ad paid for by [committee’s name]” (on file with Form 410)
  • “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.
  • Artificial Intelligence: If a committee creates, originally publishes, or originally distributes an ad that contains any audio that is generated or substantially altered using artificial intelligence, a disclosure stating: “Ad generated or substantially altered using artificial intelligence.” is required in the same manner as the other disclosures and in a clear and conspicuous format. Audio is generated or substantially altered using artificial intelligence if:
    1. The ad is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic; or
    2. The media used in the ad is materially altered by artificial intelligence such that the alteration would cause a reasonable person to have a fundamentally different understanding of the altered media when comparing it to an unaltered version.
      • Audio is not generated or substantially altered using artificial intelligence if the media is immaterially altered by artificial intelligence.
Television* and video ads (including non-third party influencer videos disseminated over the Internet)
*Television ads include those distributed via streaming technology or viewed via connected TV.
  • “Ad paid for by [committee’s name]” (on file with Form 410)
  • “Financial disclosures are available at sfethics.org.”
  • The disclaimer must be spoken at the beginning of the ad
  • Disclosure Format: Text must be of sufficient size to be legible to an average viewer, in a contrasting color to the background and must appear for at least four seconds 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 also be spoken during the ad if the written disclosure appears for less than five seconds of a broadcast 30 seconds or less or for at least 10 seconds of a broadcast that lasts longer than 30 seconds.
  • For committee name on videos disseminated over the internet ONLY: the text for the name of the committee may be shortened by displaying only enough of the first part of the committee name to uniquely identify the committee.
  • Artificial Intelligence: If a committee creates, originally publishes, or originally distributes an ad that contains any image, audio, or video that is generated or substantially altered using artificial intelligence, a disclosure stating: “Ad generated or substantially altered using artificial intelligence.” is required in the same manner as the other disclosures. An image, audio or video is generated or substantially altered using artificial intelligence if:
    1. The ad is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic; or
    2. The media used in the ad is materially altered by artificial intelligence such that the alteration would cause a reasonable person to have a fundamentally different understanding of the altered media when comparing it to an unaltered version.
      • An image, audio or video is not generated or substantially altered using artificial intelligence if the media is immaterially altered by artificial intelligence, including a cosmetic adjustment, color edit, cropped image, or resized image.
Electronic media ads (non-third party influencer) that are a graphic, image, animated graphic, or animated image that the online platform hosting the advertisement allows to link to an internet website not covered below (except for video ads, see above)
  • Include for the duration of the advertisement, “Ad paid for by [committee name]” disclosures in a box with a solid white or black background at the bottom of the advertisement. Text shall be in a contrasting color, in at least 11 point, non-condensed standard Arial Regular type.*
    • Committee Name: the text for the name of the committee may be shortened by displaying only enough of the first part of the committee name to uniquely identify the committee.
    • NOTE: If the image takes up fewer than 65,000 square pixels (smaller than a standard 728 x 90 pixel leaderboard image advertisement), then the advertisement may instead include “Who funded this ad?” in at least 8 point standard Arial Regular type with a hyperlink to a website containing the required disclosures.
  • Unless the disclosure area includes full “Ad Paid for by” disclosure, the advertisement must also link to a website containing the full disclosure in a contrasting color and in no less than 11-point font.
    • An internet website that is hyperlinked to the ad shall remain online and available to the public until 30 days after the date of the election.
  • Artificial Intelligence: If a committee creates, originally publishes, or originally distributes an ad that contains any image, audio, or video that is generated or substantially altered using artificial intelligence, a disclosure stating: “Ad generated or substantially altered using artificial intelligence.” is required in the same manner as the other disclosures and in a clear and conspicuous format a the top of the disclosure area before the “Ad paid for by” disclosures separated from the other disclosures by a blank line. An image, audio or video is generated or substantially altered using artificial intelligence if:
    1. The ad is entirely created using artificial intelligence and would falsely appear to a reasonable person to be authentic; or
    2. The media used in the ad is materially altered by artificial intelligence such that the alteration would cause a reasonable person to have a fundamentally different understanding of the altered media when comparing it to an unaltered version.
      • An image, audio or video is not generated or substantially altered using artificial intelligence if the media is immaterially altered by artificial intelligence, including a cosmetic adjustment, color edit, cropped image, or resized image.
  • Any text or image not required shall not appear in the disclosure area, except as otherwise authorized or required by applicable law.

*This text is not required if including it or the abbreviated “Who funded this ad?” font would take up more than 10 percent of the graphic. In such circumstances the ad need only include a hyperlink to a website containing the website disclosures.

Social media ads (non-third party influencer) that are a graphic, image, animated graphic, or animated image that an online platform hosting the ad allows to link to an internet website
  • Advertisements in the form of posts, comments, or other communications made via social media and posted directly by the social media page or account of the committee paying for the advertisement must include “Artificial Intelligence” and “Ad paid for by” disclosures if applicable 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 of the committee’s profile, landing page, or similar location; or on each individual post that is an advertisement.
  • 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 “Artificial Intelligence” and “Ad paid for by” disclosures is permissible.
  • “Artificial Intelligence” disclosure must appear at the top of the disclosure area before the “Ad paid for by” and “Committee’s Top Funder(s)” disclosures, separated from the other disclosures by a blank line.
  • Not required when the only expense or cost of the communication is compensated staff time unless the social media account was created only for the purpose of advertisements under the Political Reform Act.
Website and email (non-third party influencer)
  • “Paid for by [committee’s name]” (on file with Form 410) , “Artificial Intelligence,” and “Financial disclosures are available at sfethics.org” disclosures if applicable printed clearly and legibly in a contrasting color and in no less than 8-point font at the top or bottom of the email and every publicly accessible page of the website, or when posted on a non-social media website that is not the committee’s website, at the top or bottom of each individual post.
  • “Artificial Intelligence” disclosure must appear at the top of the disclosure area before the “Ad paid for by” and “Committee’s Top Funder(s)” disclosures, separated from the other disclosures by a blank line.
Electronic media ads that are audio only (non-third party influencer)
  • See disclaimer requirements for radio ads above
Listening applications (e.g., Pandora, Spotify, etc.) (non-third party influencer)
  • For the visual/image portion of the advertisement, follow the electronic media advertisement disclosure requirements for a graphic, image, animated graphic, animated image above. For the audio portion of the advertisement, follow the audio only disclosure requirements above. If the ad is in video format, instead follow the television and video ad disclosure requirements above in addition to the spoken disclosure requirements for radio, telephone and audio only disclosures above.

Note: The audio only disclosures are not necessary where a spoken disclosure is already required. This includes a video advertisement where the written disclosure appears for less than 5 seconds of a broadcast of 30 seconds or less or for 10 seconds of a broadcast that lasts longer than 30 seconds.

Third-Party Influencer ads that appear on websites, web applications, or digital applications
  • Advertisements posted on a website, web application, or digital application and posted by a page or account of a paid third-party influencer and not of the committee paying for the advertisement must include a disclosure that is substantially similar to “The author was paid by [name of committee and committee identification number] in connection with this posting.”
    • If the content is written, the disclaimer shall be readily legible to an average viewer; if it is in audio format, it shall be clearly audible.
    • Not required when the content is posted on a committee’s own website, profile, or landing page by a person compensated by the committee to post such content, or where the only expense or cost is compensated staff time, unless the compensated employee of the committee’s principal duties are to post content on their own social media page or account.”
  • NOTE: The committee paying for the advertisement must notify the paid third party posting the ad of the requirement to include the disclaimer.
Paid Spokesperson: Payment of $5,000 or more to an individual for individual’s appearance in a ballot measure ad
  • In addition to other disclosures, include: ” (spokesperson’s name) is being paid by this campaign or its donors”.
  • Printed, televised or video ad: shown continuously in highly visible font except when the disclosure for television and video ads above is being shown.
  • Radio broadcast or phone message: spoken in clearly audible format.
Paid Spokesperson: Payment of any amount to an individual portraying a member of a licensed or certified occupation (e.g., nurse, firefighter, lawyer)

Exception: If the paid individual is actually a member of the occupation portrayed, the committee may omit this disclosure. The committee must maintain documentation of the individual’s license or certification.
 

 

  • In addition to the disclosure above, include: “Persons portraying members of an occupation in this advertisement are compensated spokespersons not necessarily employed in those occupations”
  • Printed or televised ad: shown continuously in highly visible font
  • Radio broadcast or phone message: spoken in clearly audible format
Text messages sent using mass distribution technology

If sent by a candidate-controlled committee for elective office of the controlling candidate:

  • “Paid for by” or “With” followed by the name of the candidate followed by “For” followed by the name of the office sought 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.
  • If “With” is used:
    • The individual sending the text shall identify themselves by including: “(name of the individual) with (name of the candidate) for (name of office sought)” 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.
    • 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 message.

If sent by a political party committee:

  • “Paid for by” or “With” followed by the name of the committee, or a hyperlink or URL for an internet website (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) containing the following disclosures:
    • “Paid for by” or “With” [committee’s name]” (on file with Form 410 or 461)
    • 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 font
  • 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 URL)” 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
    •  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 message
  •  An internet website that is hyperlinked shall remain online and available to the public until 30 days after the election.
  • 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 eight-point font.
  • 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 measure.
Other written advertisements in formats not specifically addressed (e.g., projected images, laser ads, written social media ads that are not a graphic, image, animated graphic, or animated image, etc.)
  • “Ad paid for by” [committee’s name] (on file with Form 410).
  • Disclosure Format: All text must be in a size and color contrasting the background that is readily legible to an 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: September 2026

 

Last Updated

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