HOUSE DOCKET, NO. 193        FILED ON: 1/10/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 704

The Commonwealth of Massachusetts

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PRESENTED BY:

David Henry Argosky LeBoeuf

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to honest online political advertisement disclosure and election interference.

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PETITION OF:

HOUSE DOCKET, NO. 193        FILED ON: 1/10/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 704

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 807 OF 2021-2022.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to honest online political advertisement disclosure and election interference.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. The first paragraph of section 18F of chapter 55 of the General Laws is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-

Every individual, group, association, corporation, labor union or other entity not defined as a political committee who makes an electioneering communication expenditure in an aggregate amount exceeding $250 during a calendar year shall electronically file with the director, within 7 days after making the expenditure, a report stating the name and address of the individual, group, association, corporation, labor union or other entity making the electioneering communication, the name of any candidate clearly identified in the communication, the total amount or value of the communication, the name and address of the vendor to whom the payments were made and the purpose and date of the expenditure; provided, that no individual, group, association, corporation, labor union or other entity not defined as a political committee shall expend funds except funds of a United States Citizen for the purpose of an electioneering communication expenditure made in relation to internet advertising; provided, that if electioneering communication expenditure was made in relation to internet advertising, the report shall also include the advertisement as delivered to the vendor, the demographic information of the advertising target and the 5 persons or entities or if fewer than 5 persons or entities, all persons or entities that made the largest contributions to that entity, regardless of the purpose for which the funds were given; provided further, that if an internet advertisement electioneering communication is removed from a website, the individual, group, association, corporation, labor union or other entity not defined as a political committee shall provide an electronic addendum to the report stating the reason for the removal provided by the website; and provided further, that if electioneering communication expenditure was made in relation to internet advertising, the report shall certify under the pains and penalties of perjury that the expenditure was paid for exclusively by United States citizens. 

SECTION 2. Chapter 55 of the General Laws is hereby amended by inserting after section 18G the following section:-

Section 18H. The director shall establish an online public archive for internet advertising electioneering communications. The archive shall make available every electioneering communication that is an internet advertisement, the demographic information of the advertising target and the 5 persons or entities or if fewer than 5 persons or entities, all persons or entities that made the largest contributions to that entity, regardless of the purpose for which the funds were given. If an internet advertisement electioneering communication was removed from a website, the archive shall also make available the reason for removal provided by the website.

The director shall solicit public comment and promulgate rules and regulations regarding internet advertising electioneering communications on online platforms.