Oakland Municipal Code Art. IV Political Communications

A. Any person who makes independent expenditures required to be disclosed by Section 3.12.210 shall incorporate the following statements:

1. Not authorized by or coordinated with any City candidate, committee controlled by a candidate, or election official." This statement is not required if the independent expenditure supports or opposes only a City ballot measure.

2. "Paid for by" immediately followed by the person's name, address, and city, and, if the person is a committee, the committee identification number provided by the California Fair Political Practices Commission. If an acronym is used to specify a committee name, the full name of the sponsoring committee shall also be included.

3. "Major funding provided by [names of the three (3) contributors who gave the most to the committee in the six (6) months prior to the date of the payment for the independent expenditure communication], in the amount of [the total amount of contributions made, by those contributors in the same six-month period]."

a. The amount of the contributions is not required in an audio communication.

b. If the committee had only one (1) contributor of at least five thousand dollars ($5,000.00) in the six (6) months prior to the date of the payment for the independent expenditure communication, the statement may refer only to that contributor.

c. This statement is not required if the person did not have any contributors of at least five thousand dollars ($5,000.00) in the six (6) months prior to the date of the payment for the independent expenditure.

4. "Funding details are available on the Oakland Public Ethics Commission's website. Total cost of this communication is:" immediately followed by the cost amount.

B. A person shall incorporate the following statements in a campaign, officeholder, or legal defense communication:

1. "Paid for by" immediately followed by the name, address, and city of that candidate or committee, and the committee identification number provided by the California Fair Political Practices Commission, if a committee. The address and city are not required in an audio communication.

a. If the communication is made by a controlled committee, the name of the person controlling the committee shall also be included.

b. If an acronym is used to specify a committee name, the full name of any sponsoring organization of the committee shall also be included.

2. "Funding details are available on the Oakland Public Ethics Commission's website."

C. All disclaimers shall be presented in a clear and conspicuous manner to give the reader, observer, or listener adequate notice. Minimum requirements are specified below:

1. For written communications up to twenty-four (24) inches by thirty-six (36) inches, disclaimers shall be printed using a bold, sans serif typeface that is easily legible to an average reader and is not less than fourteen-point type in a color that contrasts with the background on which it appears.

2. For written communications larger than twenty-four (24) inches by thirty-six (36) inches, the total height of the disclaimer shall constitute at least five (5) percent of the total height of the communication, be printed using a bold, sans serif typeface that is easily legible to an average reader, and be printed in a color that contrasts with the background on which it appears.

3. For video communications, the disclaimer shall be written in a bold, sans serif typeface that is easily legible to an average reader, in a color that contrasts with the background on which it appears, and shall appear for at least four (4) seconds at either the beginning or the end of the communication. A spoken disclaimer is also required if the written disclaimer does not appear for at least five (5) seconds of a communication that is thirty (30) seconds or less or for at least ten (10) seconds of a communication that is longer than thirty (30) seconds. A spoken disclaimer shall be clearly audible and spoken at the same speed and volume as the rest of the communication.

4. For audio communications, disclaimers shall be spoken in a clearly audible manner at either the beginning or end of the communication. The disclaimers shall be spoken at the same speed and volume as the rest of the communication and shall last at least five (5) seconds.

D. The disclaimers required by this section shall not be required for slate mailers, wearing apparel, small promotional items, such as pens, pencils, mugs, and potholders, and other items on which a disclaimer cannot be displayed in easily legible typeface.

E. When the size limitations of an electronic communication render it impractical to include the full disclaimer, the disclaimer must state, at a minimum, "Paid for by" immediately followed by the committee identification number provided by the California Fair Political Practices Commission, or, if the person is not a committee, the, person's name. In addition, when a user interacts with the communication, the interaction must provide the user with the full disclaimer in a format that is easily legible and identifiable, such as through a rollover or pop-up on the landing page or a linked website or application.

(Res. No. 89316, § 3, 7-22-2022)

A. A person required by State law to file a "twenty-four-hour" or "ten-day" independent expenditure. Report via California Fair Political Practices Commission Form 496 or any successor form with the Commission shall also submit a supplemental notification to the Commission as follows:

1. The notification is due at the same time as the corresponding Form 496.

2. The notification shall be submitted in a manner as prescribed by the Commission.

B. The notification shall include a declaration under penalty of perjury signed by the person and, if applicable, the committee treasurer, specifying the following:

1. That the communication was not behested by any of the candidates who benefited from it;

2. The dates the communication was distributed or displayed, if applicable;

3. The name and address of the payee, if applicable, and any vendor or subvendor that provided service for the communication;

4. Contributions of one hundred dollars ($100.00) or more that the person made in the current calendar year to City candidates, City controlled committees, City ballot measure committees, City recall committees, committees primarily formed to support or oppose City candidates or measures, and City general purpose recipient committees;

5. Any other information required by the Commission in furtherance of this Section.

C. The notification shall include a copy of the communication distributed, displayed, or sent to voters.

1. If the communication is of a video, audio or verbal nature, a copy of the script and recording shall be provided.

2. The Commission, upon request from any member of the public, shall send to that member of the public a copy of each requested independent expenditure communication.

3. The Commission may not judge, edit or comment on the content of any independent expenditure communication, except for non-compliance with any required disclaimer on each communication.

(Res. No. 89316, § 3, 7-22-2022)

A. A candidate for elected City office, a City controlled committee, a City recall committee, a City ballot measure committee, a City general purpose committee, a committee primarily formed to support or oppose City candidates or ballot measures, or a person who makes independent expenditure communications in City elections that qualifies as a committee under the Political Reform Act and elects to use social media accounts to disseminate political communications subject to the requirements of Section 3.12.200 shall include the following statement on each account's home page: "This account is being used for campaign purposes by [name of candidate or committee]."

1. The statement shall be prominent, in a typeface that is easily legible to an average reader and in a color that contrasts with the background on which it appears.

2. The statement shall be displayed from the time the candidate or committee first begins to use the account for campaign purposes until the election for which it is used is over.

B. An elected City officer may not use a social media account or web site for campaign purposes if the account or site is paid for, sponsored by, or hosted by the City. If an elected City officer communicates about campaign activity or City business using a social media account or web site that is not City sponsored, the home page for the account or site shall include the following statement: "This [account or site] is not paid for, sponsored by, or hosted by the City." The statement shall be prominent, in a typeface that is easily legible to an average reader and in a color that contrasts with the background on which it appears.

C. The Commission may modify the disclosure statement requirements of this Section by adoption of regulations.

(Res. No. 89316, § 3, 7-22-2022)