Mass Mailing Rules for Candidates
Campaign Literature
G.C. 84305. Mass Mailings; requirements.
A “mass mailing” is defined as over 200 substantially similar pieces of mail, but does not include a form letter or other mail which is sent in response to an unsolicited request, letter or other inquiry. GC §82041.5
(a) (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 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 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 Section 84502 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.
(b) 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.
(c) (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.
Communications Sent Using Public Funds
In addition to any laws outside of the Act that may also apply, the Act restricts the use of public money for certain mass mailings that mention elected officials and the mass mailing of campaign materials. Additionally, any governmental agency engaged in campaign activity must report contributions and expenditures if the agency qualifies as a campaign committee.
Campaign Related Communications
A state or local government agency that pays for a campaign related communication may become a committee subject to reporting if the payments qualify as contributions or independent expenditures. Generally, a payment for a communication that does not expressly advocate for or against a candidate or measure or urge a result in an election, when taken as a whole and in context, does not constitute a contribution or independent expenditure. For example, a mailing that is sent to senior citizens to explain the purpose of an upcoming ballot measure that will provide a tax exemption for certain seniors is considered to be informational, not campaign material.
Communications that Feature an Elected Official
There are also very specific rules concerning the sending of a mass mailing at public expense that mentions elected officials. With some exceptions, the law prohibits the individual distribution of more than 200 copies of substantially similar items in a calendar month if the items include the name, office, photograph, or other reference of an elected official. Additional rules apply for certain mailings that mention an elected official sent within 60 days of the official’s election.
For more information visit the California Fair Political Practices Commission.
Prohibited Mass Mailings
The following information provides guidance on restrictions contained within the Act related to mass mailings sent at public expense under Sections 89001 - 89003. While it is not possible to address all types of mailings here, public agencies and elected officers are encouraged to request advice for specific guidance. When requesting advice on a specific item, a sample of the mailing must be provided. There are laws outside of the Act that may apply to certain mailings, such as the misuse of public funds, so it is important to also contact your agency’s legal counsel.
Which Mailings are Prohibited?
A mailing is prohibited under the Act if each of the following criteria is met, unless the item meets one or more exceptions.
- Delivery. A tangible item, such as a newsletter or brochure, is delivered, by any means, including by transmission of a fax, to a person’s residence, place of employment or business, or post office box. Note: Emails, website postings, text messages, and recorded telephone messages/robocalls are not considered tangible items and therefore, not subject to the Act’s mass mailing at public expense restrictions.
- Item Features an Elected Officer. The item sent either features an elected officer affiliated with the agency (by including the officer’s photo or signature, or singling out the officer by the manner his or her name or office is displayed), or the item includes a reference to an elected officer affiliated with the agency and the item is prepared or sent in cooperation with the elected officer.
- Public Moneys. Any of the costs of distribution are paid for with public moneys, or if public funds are not used for the actual distribution, in excess of $50 in public moneys is used to design, produce, or print the item and the design, production, or printing is done with the intent of sending the item other than as permitted by the Act.
- Mass Mailing. More than 200 substantially similar items are sent in a calendar month, excluding any item sent in response to an unsolicited request.
Visit the California Fair Political Practices Commission for more information.