Elections: deceptive media in advertisements.
What changed between versions
The time period during which the prohibition applies was dramatically shortened: from 120 days before an election to 30 days before for candidates and elected officials, and from 120 days before through 60 days after to 30 days before through 38 days after for elections officials and voting machines/equipment.
The legislative findings were revised to justify the shorter time window, adding a new finding that 'voters begin to concentrate on elections in the weeks immediately before elections are held' and that this is 'a short timeframe in which disinformation can influence voters' decisions and may not be corrected before voters cast their votes.'
A new materiality threshold was added: the deceptive content must now be 'material to a voter's electoral decisions or to public confidence in an election's process or outcome.' This replaces the prior standard of being 'reasonably likely to harm reputation or electoral prospects' or 'reasonably likely to falsely undermine confidence in the outcome of one or more election contests,' making it harder for a plaintiff to establish a violation.
The bill was made an urgency statute (new Section 2) so it takes effect immediately upon enactment, specifically to apply to the November 3, 2026 statewide general election. This requires a two-thirds vote in each house instead of a simple majority.
The vote requirement changed from 'majority' to 'majority 2/3' to reflect the urgency statute designation. The bill title was expanded to include 'declaring the urgency thereof, to take effect immediately.'