CaliforniaElections: deceptive media in advertisements.
What it does
Existing law prohibits a person or entity from knowingly distributing an election communication containing materially deceptive content that portrays specified candidates and officials as doing or saying something that the candidate or official did not do or say if the content is reasonably likely to harm the reputation or electoral prospects of a candidate or is reasonably likely to falsely undermine confidence in the outcome of an election. Existing law applies this prohibition within 120 days of an election in California and, for content involving elections officials and voting machines and related equipment, up to 60 days after an election.
More detail
Existing law exempts an election communication from this prohibition if the content includes a disclosure stating that the communication has been manipulated. Existing law requires, for visual media, that the text of this disclosure appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media.
This bill would instead prohibit the distribution of materially deceptive content that is material to a voter's electoral decisions or to public confidence in an election's process or outcome, as specified. The bill would set forth additional requirements relating to the color and font size of the disclosure's text. The bill would specify that the prohibition applies within the 30 days before an election in California with regard to candidates for any federal, state, or local elected office and elected officials and, with regard to elections officials and voting machines and related equipment, beginning 30 days before an election through 38 days after the election.
Under existing law, the prohibition does not apply to an advertisement or other election communication containing materially deceptive content that constitutes satire or parody if the communication includes a specified disclosure.
This bill would also exempt an advertisement or other election communication from these prohibitions if a reasonable person would understand that the content was satire or parody.
Existing law authorizes a recipient of materially deceptive content, among others, to seek an injunction or to bring an action for general or special damages against the person, committee, or other entity that distributed or republished the materially deceptive content.
This bill would instead authorize the individual depicted in the materially deceptive content to seek the injunction or to bring the action for general or special damages.
This bill would declare that it is to take effect immediately as an urgency statute.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 19Chaptered by Secretary of State - Chapter 333, Statutes of 2026.Latest
- Sep 19Approved by the Governor Gavin Newsom.Became Law
- Sep 9Enrolled and presented to the Governor at 1 p.m.To Governor
- Aug 30Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 61. Noes 17. Page 6853.).Major
- Vote recorded AB 502 Pellerin Concurrence - Urgency Added. Result: pass.Lower
- Aug 28From committee: That the Senate amendments be concurred in. (Ayes 6. Noes 2.) (August 28).Minor
- Vote recorded With recommendation: That Senate amendments be concurred in. Result: pass.Lower
- Aug 26Joint Rule 62(a), file notice suspended. (Page 6621.)
- Aug 25Re-referred to Com. on ELECTIONS. pursuant to Assembly Rule 77.2.Minor
- Vote recorded 3rd Reading AB502 Pellerin et al. By Blakespear Urgency Clause. Result: pass.Upper
- Aug 25In Assembly. Concurrence in Senate amendments pending.
- Aug 25Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 30. Noes 9.).Passed Senate
- Jun 29Read second time. Ordered to third reading.Minor
- Jun 25Read second time and amended. Ordered returned to second reading.Major
- Jun 25Ordered to second reading.Minor
- Jun 25From inactive file.
- 2025
- Sep 8Ordered to inactive file at the request of Senator Blakespear.
- Sep 8Read second time. Ordered to third reading.Minor
- Sep 4Read third time and amended. Ordered to second reading.Major
- Jul 17Read second time. Ordered to third reading.Minor
- Jul 16From committee: Do pass. (Ayes 11. Noes 2.) (July 15).Minor
- Jul 15
- Vote recorded Do pass. Result: pass.Upper
- Jul 9Re-referred to Com. on JUD.Minor
- Jul 1From committee: Do pass and re-refer to Com. on RLS. (Ayes 4. Noes 0.) (July 1). Re-referred to Com. on RLS.Minor
- Vote recorded Do pass, but first be re-referred to the Committee on [Rules]. Result: pass.Upper
- Jun 16From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E. & C.A.Major
- May 7Referred to Com. on E. & C.A.Minor
- Apr 24In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Vote recorded AB 502 Pellerin Consent Calendar Second Day. Result: pass.Lower
- Apr 24Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1279.)Passed Assembly
- Apr 10Read second time. Ordered to Consent Calendar.Minor
- Apr 9From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (April 9).Minor
- Vote recorded Do pass. To Consent Calendar. Result: pass.Lower
- Mar 26From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (March 26). Re-referred to Com. on APPR.Minor
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar. Result: pass.Lower
- Mar 6Re-referred to Com. on ELECTIONS.Minor
- Mar 5From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended.Major
- Feb 24Referred to Com. on ELECTIONS.Minor
- Feb 11From printer. May be heard in committee March 13.
- Feb 10Read first time. To print.Introduced