SEC. 1.161. CAMPAIGN ADVERTISEMENTS.
§ 1.161
Campaign advertisements for San Francisco elections must include specific disclaimer language disclosing top contributors and directing readers to sfethics.org, with requirements varying by ad type and timing. Committees must also file copies of advertisements and mass mailings with the Ethics Commission, following different timelines depending on whether the mailing occurs in the final 16 days before an election.
Anyone running ads for or against a San Francisco candidate or measure must include disclaimers that say who paid for the ad and list the top three donors who gave $5,000 or more. The ad must also direct people to sfethics.org for financial details. Different rules apply depending on the type of ad—for example, small print ads don't need to list the donors' donors, and audio ads don't need to say dollar amounts. Additionally, groups must file copies of their ads and mass mailings with the Ethics Commission within five working days, or within 48 hours if the mailing goes out in the last 16 days before the election.
- Complex:The section contains numerous cross-references, nested exceptions, and varying requirements by ad type (print, audio, video, digital, mail) that make it difficult to determine what applies in a specific situation.
- Controversial:Disclaimer and disclosure requirements for campaign spending are a subject of ongoing debate regarding transparency, burden on campaigns, and free speech.
AI-generated · claude-haiku-4-5 · informational only, not legal advice.
Official text
(a) DISCLAIMERS. In addition to complying with the disclaimer requirements set forth in Chapter 4 of the California Political Reform Act, California Government Code sections 84100 et seq., and its enabling regulations, all committees making expenditures which support or oppose any candidate for City elective office or any City measure shall also comply with the following additional requirements:
(1) TOP THREE CONTRIBUTORS. The disclaimer requirements for primarily formed independent expenditure committees and primarily formed ballot measure committees set forth in the Political Reform Act with respect to a committee’s top three major contributors shall apply to contributors of $5,000 or more. Such disclaimers shall include both the name of and the dollar amount contributed by each of the top three major contributors of $5,000 or more to such committees. If any of the top three major contributors is a committee, the disclaimer must also disclose both the name of and the dollar amount contributed by each of the top two major contributors of $5,000 or more to that committee, except as set forth in subsections (a)(1)(A)-(B) below. The Ethics Commission may adjust this monetary threshold to reflect any increases or decreases in the Consumer Price Index. Such adjustments shall be rounded off to the nearest five thousand dollars.
(A) Exception – small print advertisements. The requirement in subsection (a)(1) to disclose the top two major contributors of $5,000 or more to committees that are major contributors shall not apply to a print advertisement that is 25 square inches or smaller.
(B) Exception – short audio and video advertisements. The requirement in subsection (a)(1) to disclose the top two major contributors of $5,000 or more to committees that are major contributors shall not apply to a spoken disclaimer in an audio or video advertisement that is 30 seconds or less.
(2) WEBSITE REFERRAL. Each disclaimer required by the Political Reform Act or its enabling regulations and by this Section 1.161 shall be followed in the same required format, size, and speed by the following phrase: "Financial disclosures are available at sfethics.org." A substantially similar statement that specifies the web site may be used as an alternative in audio communications.
(3) MASS MAILINGS AND SMALLER WRITTEN ADVERTISEMENTS. Any disclaimer required by the Political Reform Act and by this section on a mass mailing, door hanger, flyer, poster, oversized campaign button or bumper sticker, or print advertisement shall be printed in at least 14-point, bold font.
(4) CANDIDATE ADVERTISEMENTS. Advertisements by candidate committees shall include the following disclaimer statements: “Paid for by __________ (insert the name of the candidate committee).” and “Financial disclosures are available at sfethics.org.” Except as provided in subsections (a)(3) and (a)(5), the statements’ format, size, and speed shall comply with the disclaimer requirements for independent expenditures for or against a candidate set forth in the Political Reform Act and its enabling regulations.
(5) AUDIO AND VIDEO ADVERTISEMENTS. For audio advertisements, the disclaimers required by this Section 1.161 shall be spoken at the beginning of such advertisements, except that such disclaimers do not need to disclose the dollar amounts of contributions as required by subsection (a)(1). For video advertisements, the disclaimers required by this Section 1.161 shall be spoken at the beginning of such advertisements, except that such disclaimers do not need to disclose the dollar amounts of contributions as required by subsection (a)(1).
(b) FILING REQUIREMENTS.
(1) INDEPENDENT EXPENDITURE ADVERTISEMENTS. Committees required by state law to file late independent expenditure reports disclosing expenditures that support or oppose a candidate for City elective office shall also file with the Ethics Commission on the same date a copy of the associated advertisement(s), an itemized disclosure statement with the Ethics Commission for that advertisement(s), and
(A) if the advertisement is a telephone call, a copy of the script and, if the communication is recorded, the recording shall also be provided;
(B) if the advertisement is audio or video, a copy of the script and an audio or video file shall be provided;
(C) if the advertisement is an electronic or digital advertisement, a copy of the advertisement as distributed shall be provided; or
(D) if the advertisement is a door hanger, flyer, pamphlet, poster, or print advertisement, a copy of the advertisement as distributed shall be provided.
(2) INDEPENDENT EXPENDITURE MASS MAILINGS.
(A) Each committee making independent expenditures that pays for a mass mailing shall, within five working days after the date of the mailing, file a copy of the mailing and an itemized disclosure statement with the Ethics Commission for that mailing.
(B) Each committee making independent expenditures that pays for a mass mailing shall file a copy of the mailing and the itemized disclosure statement required by subsection (b)(2) within 48 hours of the date of the mailing if the date of the mailing occurs within the final 16 days before the election.
(C) Exception. Committees making independent expenditures to support or oppose a candidate for City elective office are not subject to the filing requirements imposed by this subsection (b)(2) during the time period that they are required by state law to file late independent expenditure reports and if they also file the itemized disclosure statement required by subsection (b)(1).
(3) CANDIDATE MASS MAILINGS.
(A) Each candidate committee that pays for a mass mailing shall, within five working days after the date of the mailing, file a copy of the mailing and an itemized disclosure statement with the Ethics Commission for that mailing.
(B) Each candidate committee that pays for a mass mailing shall file a copy of the mailing and the itemized disclosure statement required by subsection (b)(3) within 48 hours of the date of the mailing if the date of the mailing occurs within the final 16 days before the election.
(4) The Ethics Commission shall specify the method for filing copies of advertisements and mass mailings.
(Added by Ord. 102-15 , File No. 150294, App. 6/25/2015, Eff. 7/25/2015; amended by Ord. 129-18, File No. 180280, App. 5/30/2018, Eff. 6/30/2018, Oper. 1/1/2019; Proposition F, 11/5/2019, Eff. 12/20/2019; Ord. 186-23, File No. 221161, App. 7/28/2023, Eff. 8/28/2023)
(Former Sec. 1.161 added by Ord. 211-01, File No. 010778, App. 10/26/2001; amended by Ord. 89-02, File No. 012130, App. 6/14/2002; Ord. 228-06, File No. 060501, App. 9/14/2006; Ord. 261-07, File No. 071290, App. 11/14/2007; Ord. 234-09, File. No. 090989, App. 11/20/2009; repealed by Ord. 102-15 , File No. 150294, App. 6/25/2015, Eff. 7/25/2015)