Senate Bill 2578

AN ACT TO AMEND SECTION 23-15-897, MISSISSIPPI CODE OF 1972, TO EXPAND THE DEFINITION OF PUBLISH; ESTABLISH A FINE FOR FAILURE TO COMPLY WITH THE DISCLOSURE REQUIREMENTS OF THIS SECTION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 23-15-897, Mississippi Code of 1972, is amended as follows:

23-15-897. (1) The following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:

(a) "Campaign materials" include any materials designed to influence voters for or against any candidate, party or measure to be voted on at any election, or containing information about any candidate, party or measure paid for by a candidate, political committee * * *, or independent expenditure which requires disclosure under campaign finance laws.

(b) "Publish" means the act or instance of making campaign material available to the public, or to a list of subscribers, by mail, telephone, electronic communications platforms, Internet, software applications, printed materials or any other means of distribution, including, but not limited to, radio, television or streaming services.

(c) "Printed material" shall include, but not be limited to, any notice, placard, bill, poster, dodger, pamphlet, advertisement, sign or any other form of printed publication, except notices, posters and the like, which simply announce a speaking date and invite attendance thereon.

(2) No candidate, political committee or other person shall publish, or knowingly cause to be published, any campaign materials unless it contains the following information:

(a) The name of the candidate along with a statement that the message is approved by the candidate; or

(b) If the message has not been approved by a specific candidate, the name of the person, political committee or organization paying for the publication of the message; or

(c) If the message has not been approved by the candidate and no person, political committee or organization is identified as having paid for the publication, the entity producing the campaign materials must be identified.

(3) Publication of campaign materials through an electronic platform shall be deemed to comply with the requirements of this section if the home page of the candidate or political committee provides the information required by subsection (2) of this section, and each electronic publication provides a link to that home page.

(4) The information required by subsection (2) of this section shall be printed in a manner in which the required language can be easily read by the average viewer. Failure to conform with subsection (2) of this section shall result in an administrative fine of One Thousand Dollars ($1,000.00) to be assessed by the Secretary of State.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.