(a) No person shall cause or submit any advertisement in support of a candidate to be published, broadcasted, televised, posted on-line, mass- mailed, canvassed, or otherwise circulated and distributed, except under the following conditions:

(1) the advertisement shall contain a notice in a prominent location that the literature or advertisement for any medium is published, broadcasted, televised, posted on-line, mass-mailed, canvassed, or otherwise circulated with the approval and authority of the candidate; provided, that in the event that the literature or advertisement is paid for by a candidate or committee directly associated with a candidate, the notice of approval and authority need not be included; or

(2) the advertisement shall contain a notice in a prominent location that the literature or advertisement for any medium is published, broadcasted, televised, posted on-line, mass-mailed, canvassed or otherwise circulated without the approval and authority of the candidate.

(b) All advertisements mentioned in Subsection (a) above, and all other advertisements of a political nature, shall contain the true name and address of the candidate, committee, person or political party paying for same.

(c) In the case of video advertisements of a political nature for any medium, the advertisement shall contain an audio statement that identifies the candidate and states that the candidate either has approved the communication, or the communication is being circulated without the approval and authority of the candidate. Such statement shall be conveyed by the following:

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CH. 17 ELECTION CAMPAIGN CONTRIBUTIONS & EXPENDITURES

(1) for approved communications, an unobscured, full-screen view of the candidate making the statement, or the candidate in voiceover, accompanied by a clearly identifiable photographic or similar image of the candidate; or

(2) for non-approved communications, a statement in voiceover that the communication is being circulated without the approval and authority of the candidate.

(d) In advertisements of a political nature, such approval or non- approval statement shall also appear in writing at the end of the communication in a clearly readable typeface, with a reasonable degree of color contrast between the background and the printed statement, for a period of at least four (4) seconds.

(e) Every person who willfully causes, produces, provides funding for, or assists in the production of a message of a political nature which the person knows to be incorrect or purposefully misleading and in which a candidate, rather than an issue, is the target; or which is in violation of this § 17120, shall be subject to a civil penalty of not more than Five Thousand
Dollars ($5,000) per each separately produced message.

(f) The penalty herein shall be deposited in the General Fund for the use of the Guam Election Commission, subject to appropriation by I Liheslaturan Guåhan. A report of all penalties shall be submitted quarterly to I Maga’lahen Guåhan and I Liheslaturan Guåhan.

SOURCE: Added by P.L. 18-030:54 (Feb. 19, 1986) as 3 Guam Code Ann. § 19117. Amended by P.L. 31-057:2 (May 24, 2011). Repealed and reenacted to this section by P.L. 31-
255:2 (Dec. 11, 2012).