Officers and employees of political subdivisions are Revised July 16, 2019 REQUIRED DISCLOSURE ON POLITICAL ADVERTISING I. pamphlet, circular, flier, billboard or other sign, bumper sticker, or similar form fBa030p,0#EI oo6p044Xp K /n t!Fc~-Q/00a1@[4 %vyH#1 total amount of area covered by the pictures is no more than 20 percent of the Ethics Commission Rule 26.2 provides as follows: For purposes of section 255.003 of the Election Code, a newsletter of a public officer of a political subdivision is not political advertising if: (1) It includes no more than two pictures of a public officer per page and if the WebTEXAS ETHICS COMMISSION CHAPTER 258, ELECTION CODE FAIR CAMPAIGN PRACTICES Effective September 1, 1997 (Revised 9/1/2021) Texas Ethics With this flood of Internet advertising looming, the Commissions most recent amendment updates Texas disclosure requirements. Also, it is not permissible to use or authorize the use of the Texas Ethics Commission P. O. Box 12070 Austin, Texas 78711 Although compliance with disclosure rules falls on candidates or campaigns placing advertising, Texas newspapers should encourage such advertisers to ensure that any political advertising placed on newspaper websites contain either a link to a disclosure statement or the candidate/officeholders social media profile. In Texas, political advertising that expressly supports or opposes a political candidate, officeholder, political party, or ballot measure must include a disclosure statement informing the public that it is political advertising. purposes of a measure election is in a communication, any amount of If you learn that a political advertising sign Box 12070 Austin, Texas 78711-2070 Visit us at (512) 463-5800 FAX (512) 463-5777 TDD (800) 735-2989 www.ethics.state.tx.us on the Texas Ethics Commission Meeting Agenda for June 28, 2023 For more information, contact J.R. Johnson, Executive Director, at (512) 463-5800. WebForms provided by Texas Ethics Commission www.ethics.state.tx.us. Box 12070, Austin, Texas 78711 www.ethics.state.tx.us (512) 463-5800 TDD (800) 735 WebRevised October 13, 2017 No matter how enthusiastic you are about anelection, it is important to remember that the Texas Election Code prohibits the use ofpolitical To understand the amendments effect, a background of the relevant law is helpful. 1295 Filers: Certificates of Interested Parties, Individuals/Entities Direct Campaign Expenditure. 19 FILER NAME 20 Filer ID (Ethics * A violation of the prohibition is a Class A misdemeanor. POLITICAL ADVERTISING What You Need to Know POLITICAL ADVERTISING What You Need To Know To understand the practical significance of this prohibition, it is useful to look SUBTOTALS - C/OH. Paul C. Watler is a partner in the Dallas office of Jackson Walker LLP. Webthe Texas Ethics Commission that your political advertising does not comply with the law, you should stop using it immediately. 0 other periodical or is broadcast by radio or television; or (B) appears: (i) in a ELECTION CODE CHAPTER 255. REGULATING POLITICAL WebTexas Ethics Commission Page 2 Revised 07/16/2019 The precise language of political advertising authorized by someone other than a candidate, the candidates agent, or a new materials for use in creating political advertising, it also means that an Political advertising includes communications supporting or opposing a candidate for nomination or election to either a public office or an office of a 164 0 obj <>/Filter/FlateDecode/ID[<12B2E145F4AA64428D1842506041BE17>]/Index[155 31]/Info 154 0 R/Length 66/Prev 447863/Root 156 0 R/Size 186/Type/XRef/W[1 3 1]>>stream political subdivision." Section 255.003 of the Election Code provides as follows: New legislation effective September 1, 2009, further clarifies that an officer or Texas Ethics Commission Filed: November 17, 2022 Whether a written communication, created by a political subdivision and related to a measure, constitutes of written communication; or (ii) on an Internet website; and. information that: (1) the officer or employee knows is false; and. Prior to the amendment, exceptions to the disclosure requirement existed for political advertising printed on certain types of physical media, like letterhead stationery and objects whose size makes printing the disclosure impractical (think campaign buttons, t-shirts, pins, and hats). that the Texas Election Code prohibits the use of political subdivision resources of a political subdivision from using or authorizing the use of an internal mail POLITICAL ADVERTISING What You Need to Know The hb``` 463-5800 or on the commission's web site at https://www.ethics.state.tx.us. WebDuring campaign season, the landscape blooms with a special kind of flower - the political sign. Added by Acts 1993, 73rd Leg., ch. * The prohibition applies to any "officer or employee of a An offense under this Given the lack of fanfare, we are likely to see some missteps in the months ahead and during the next election cycle. to a public office or office of a political party, a political party, a public officer, or employees. Semiannual due July 17 public officer of a political subdivision is not political advertising. (1) a communication supporting or opposing a candidate for nomination or election %%EOF either . Political Advertising - Texas Ethics Commission Home This section does not apply to a communication that factually describes the 268, Sec. hbbd```b`` ":L Im_@d.X6H9h @ He focuses his legal practice on complex commercial, media and First Amendment litigation. or is broadcast by radio or television; or (B) appears: (i) in a pamphlet, circular, Webpolitical advertising and legislative advertising requirements. REGULATING POLITICAL ADVERTISING AND CAMPAIGN COMMUNICATIONS Sec. hmo6>4 REGULATING POLITICAL FUNDS AND CAMPAIGNS CHAPTER 255. disclosure statement contains the name of . Austin, TX 78759 in return for consideration, is published in a newspaper, magazine, or other periodical of fines by the Ethics Commission or to criminal prosecution. information that an officer or employee of a political subdivision knows is Political advertising and social media | Texas Press Association 602 0 obj <>stream that: (A) in return for consideration, is published in a newspaper, magazine, or using existing paper and machinery to generate, display, or distribute political The Texas Ethics Commission recently revised rules regulating disclosures in online political advertising. h_O0I{*&`+VMP6w!mww?_(P\aoA)lI (2) a communication that advocates passage or defeat of a measure, and that: (A) to produce or distribute political advertising in connection with an election. Ethics Commission has authority to impose fines for violations of section * The prohibition does not apply to "a communication that own time and with your own resources. In fact, since its adoption, the amendment has not garnered any media attention. system to distribute political advertising. Legislative Advertising - Texas Ethics Commission Although you may not use political subdivision resources for political WebPart A. page on which the pictures appear; (2) It includes no more than eight personally phrased references (such as the public WebThe Texas Election Code requires certain disclosures and notices on political advertising. Political Advertising - Texas Ethics Commission Home a voter to vote for or against the measure. Additionally, simply confirming that political ad buyers are aware of the new changes to the Commissions disclosure requirements could go a long way in heading off problems down the road. of public funds" for political advertising. An officer or employee of a political subdivision may not spend or authorize the Promoting Public Confidence in Government. mean that the political subdivision may not purchase or authorize the purchase of If you do plan to become involved in false. * The prohibition applies to "spending or authorizing the spending All signs point similarly to high levels of Internet advertising and social media sharing in the buildup to 2020. Campaign signs - Texas Department of Transportation POLITICAL ADVERTISING What You Need to Know employee of a political subdivision may not spend or authorize the spending of public The information must not be sufficiently substantial and WebFor questions about the use of public funds for political advertising, please refer to the Political Subdivision guide and/or the School District guide. distribute political advertising. office or office of political party, a political party, or a public officer. GOVERNMENT CODE CHAPTER 571. TEXAS ETHICS COMMISSION important, such that it would be reasonably likely to influence a voter to political advertising . (C) does not support or oppose a candidate for nomination or election to a public This means that a violation could lead to criminal prosecution. Web(512) 463-5800 TDD (800) 735-2989 Visit us at www.ethics.state.tx.us. Ethics Commission adopted a rule providing guidelines for when a newsletter of a officer or employee of a political subdivision would violate the prohibition by WebTITLE 15. In other words, if an officer or employee spending of public funds for political advertising. paid time of an employee of a political subdivision to create or purposes of a measure if the communication does not advocate passage or defeat of the WebTexas Ethics Commission. officer's name, I, me, the city council member) of advocacy is impermissible. Page 3 of 4 13. subdivision to produce explanatory material about what is at stake in a the rules regarding disclosures on political advertising. 3H272a/AF4 je RI)HTH4,jv/}IKWG1/f./E|U[*Up;wk!~U}fo@]Xp>6H[N>Na[.eZEcvR]Ala5E i&,lZZ6vO}>`e7HadfUaaJ9Ay\]"gQv^$nk64Ae?>GH&-KBiq>=J >F*5fdeZ7;]GvcWXB'8UJIr3-C>G]22AF>& iA$#,xo((M4Scjn4QaF@hsKA>[ flier, billboard or other sign, bumper sticker, or similar form of written ELECTION CODE CHAPTER 251. GENERAL PROVISIONS - Texas Among other changes, the new rule exempts political advertising shared or re-posted on social media by persons other than a candidate or political committee from general requirements to disclose the message as political advertising and to identify the candidate or person responsible for the ad. Sept. Political Subdivision Political Advertising - Texas Ethics factually describes the purposes" of a measure election. Promoting Public Confidence in Government. TEXAS ETHICS COMMISSION - cityofmesquite.com 155 0 obj <> endobj For example, in the 2018 U.S. Senate race in Texas, Beto ORourke spent more than $8 million on Facebook ads and nearly $2 million on Google ads. However, the communication may not contain WebFOR POLITICAL PARTIES Revised January 1, 2022 Texas Ethics Commission, P.O. Information is available from the Texas Ethics Commission by phone at (512) section is a Class A misdemeanor. Revised April 11, 2008 Political 1, eff. (b) is the candidate or officeholders social media profile. finds it irresistible to wrap up a factual explanation with a motivational What Does It Say? resources in violation of the prohibition, the employee could be fined by funds for a communication describing a measure if the communication contains WebThe Texas Election Code defines political advertising as a communication that advocates a particular outcome in an election. A violation of this prohibition could also lead to the imposition :>Ey89r hY,,lmq*$#$NBJ_?G{Y$|zUoBC+\Ywa#5G4EN|wKG*h^ VZ Also, the 185 0 obj <>stream }u5gWwLej6a[nK{qKe[vnk{S|s4V=>sI6.k&k@H#Rz[ :W}#r- bZ?R7']3PC\;`K7-i?jjU[5&/hs*mm|;6ztC$5-m}lYW3v;- }LOq9[0'w:yyG#5XRO-?zNm\L&r'px*o6m_pb5q^w5kMQr$W v\4Dbq30xHFo & aOokwq'N"8^Bi}2x3WawIj6f;_ ya.Nb$qJeIgtU-~qH(|#\N:!c[|QthYs;4chNau_}V$&}J?_yI"tS_dI&(=Z[z>KD3H@r/k{1HA5O#RQIjmpuj.4 v_^6cbkU+~K%#snW4`sVQn6VtQIn/yJJq MUI&`Z#xfpH${FGi=goLB`ZI0_){>LyehvW292yU:5T$604IsMiV) Yd#m+D3D "4+jV=cFPY88NnM!Jj'XD]QGV.IH"+g%32;oiP6l9 9Zt?uJd%dWPR9IZN_". measure. (3) When viewed as a whole and in the proper context: (A) is informational rather than self-promotional; (B) does not advocate passage or defeat of a measure; and.
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