Virginia Code 24.2-957.1: Requirements for television advertisements sponsored by a candidate or candidate campaign committee.
It shall be unlawful for any candidate or a candidate campaign committee to sponsor a television advertisement that constitutes an expenditure or contribution required to be disclosed under Chapter 9.3 (§ 24.2-945 et seq.) unless the following requirements are met:
Terms Used In Virginia Code 24.2-957.1
- Advertisement: means any message appearing in the print media, on television, on radio, or on an online platform, that constitutes a contribution or expenditure under Chapter 9. See Virginia Code 24.2-955.1
- campaign committee: means "campaign committee" as defined in § Virginia Code 24.2-955.1
- Candidate: means "candidate" as defined in § Virginia Code 24.2-955.1
- Election: means a general, primary, or special election. See Virginia Code 24.2-101
- Full-screen: means the only picture appearing on the television screen during the oral disclosure statement that (i) contains the disclosing person, (ii) occupies all visible space on the television screen, and (iii) contains the image of the disclosing person that occupies at least 50% of the vertical height of the television screen. See Virginia Code 24.2-955.1
- Includes: means includes, but not limited to. See Virginia Code 1-218
- Sponsor: means a candidate, candidate campaign committee, political committee, or person that purchases an advertisement. See Virginia Code 24.2-955.1
- Television: means any television broadcast station, cable television system, wireless-cable multipoint distribution system, satellite company, or telephone company transmitting video programming that is subject to the provisions of 47 U. See Virginia Code 24.2-955.1
- Unobscured: means that the only printed material that may appear on the television screen is a visual disclosure statement required by law, and that nothing is blocking the view of the disclosing person's face. See Virginia Code 24.2-955.1
1. It bears the legend or includes the statement: “Paid for by ____________ [Name of candidate or campaign committee as it appears on the statement of organization].” Alternatively, if the advertisement is supporting that candidate and the advertisement makes no reference to any other clearly identified candidate, then the statement “Paid for by ____________ [Name of sponsor]” may be replaced by the statement “Authorized by ____________ [Name of sponsor].”
The disclosure shall be made by visual legend, which shall constitute 20 scan lines in size. The content of these visual legends is specified by the Communications Act of 1934, 47 U.S.C. §§ 315 and 317 and this section.
2. If the advertisement sponsored by the candidate or the candidate campaign committee makes reference to another clearly identified candidate, it must include a disclosure statement spoken by the sponsoring candidate containing at least the following words: “I am ____________ (or ‘This is ___________’) [Name of candidate], candidate for [Name of] office, and I (or ‘my campaign’) sponsored this ad.”
The candidate or the candidate campaign committee may provide the oral disclosure statement required by this section at the same time as the visual disclosure required under the Communications Act of 1934, 47 U.S.C. §§ 315 and 317, is shown.
3. The advertisement shall include throughout the disclosure statement an unobscured, full-screen picture containing the candidate, either in photographic form or through the actual appearance of the candidate on camera.
4. The candidate or the campaign committee may place the disclosure statement required by this section at any point during the advertisement, except if the duration of the advertisement is more than five minutes, the disclosure statement shall be made both at the beginning and end of the advertisement.
5. In its oral disclosure statement, the sponsor may choose to identify an advertisement as either supporting or opposing the nomination or election of one or more clearly identified candidates.
6. If an advertisement is jointly sponsored, the disclosure statement shall include the names of all the sponsors and the candidate shall be the disclosing individual. If more than one candidate is the sponsor, at least one of the candidates shall be the disclosing individual.
2002, c. 487, § 24.2-944; 2004, cc. 55, 457; 2005, c. 369; 2006, cc. 787, 892; 2020, c. 615.