SACRAMENTO, California – California lawmakers are considering legislation that would allow the state’s campaign finance regulator to directly fine social media creators who fail to disclose payments received for political content, as campaigns increasingly use influencers to reach targeted groups of voters.
The proposal would strengthen California’s existing disclosure requirements for paid political posts by giving the Fair Political Practices Commission authority to impose penalties without first obtaining a court order.
Supporters say voters should be able to distinguish between an influencer’s personal political views and content sponsored by a campaign. Some creators, however, have raised concerns that financial penalties could disproportionately affect smaller accounts with limited resources.
Campaigns Expand Use of Online Creators
Political campaigns have long relied on celebrities and prominent online personalities, but the strategy is increasingly extending to smaller creators with highly targeted audiences.
Some influencers have fewer than 100,000 followers but maintain strong connections with specific communities or interest groups, making them potentially valuable to campaigns seeking to reach voters outside traditional political advertising channels.
The use of creators is expected to become increasingly important ahead of the U.S. midterm elections and the 2028 presidential election.
Democratic strategist Mike Nellis, who worked on Kamala Harris’ presidential campaign, said candidates who have not begun developing relationships with influencers or networks of potential political surrogates risk falling behind.
California already requires creators to disclose when they receive compensation for political advertising. Under the existing system, however, the Fair Political Practices Commission can seek a court order requiring an influencer to disclose the payment.
That process can take months.
The proposed legislation, introduced by Democratic Assemblymember Marc Berman, would give the commission direct authority to fine both creators and political committees when required disclosures are missing. The commission has said penalties could reach $5,000 for each violation.
Steyer Campaign Brings Disclosure Issue Into Focus
The debate gained attention during California’s gubernatorial primary after Los Angeles-based influencer Shaka Smith published an Instagram video supporting Tom Steyer.
Smith, who has more than 700,000 followers, identified the video as an advertisement and disclosed in its caption that Steyer’s campaign had paid him. He later said the campaign paid him thousands of dollars for two advertisements.
Steyer, a Democratic billionaire who spent more than $215 million of his own money on his unsuccessful campaign, faced criticism from opponents over his use of paid creators.
Although Steyer was not the only candidate to work with influencers, the practice attracted particular attention because of his personal spending on the campaign and previous criticism that he was attempting to buy the election.
Several creators who worked with Steyer disclosed that they had received compensation. California’s campaign finance watchdog is also investigating other cases in which creators allegedly failed to disclose payments.
Smith said he initially had not committed to supporting a candidate but became interested in Steyer after a trusted friend who had also been paid to promote him encouraged Smith to examine the candidate’s platform.
Disclosure Rules Spread Beyond California
California is one of two states, along with Texas, that have adopted requirements specifically addressing paid political content from social media creators.
Texas’ campaign finance regulator adopted a rule in 2024 requiring creators to include disclaimers when they receive payment for political advertisements.
Lawmakers in New York are considering a similar requirement, while disclosure proposals have failed in recent years in Utah and Georgia.
At the federal level, California Sen. Adam Schiff introduced legislation last month that would establish additional disclosure requirements for political content, although the proposal had not received a vote.
Outside organizations have also urged the Federal Election Commission to develop its own rules.
The growing number of state-level proposals reflects a broader debate over whether traditional political advertising regulations adequately address social media content that can appear to audiences as an individual’s personal recommendation rather than a conventional campaign advertisement.
Smaller Creators Raise Concerns Over Penalties
The proposed enforcement changes have drawn mixed reactions from creators.
Dustin Torreverde, a Southern California content creator who said he has not accepted payments from political campaigns, supports transparency but said penalties could create significant financial pressure for smaller creators.
He said legal expenses associated with defending against an alleged violation could be particularly difficult for creators who depend on their online work for income.
Adina Flores, a Northern California libertarian creator who said she supports candidates from different political parties, favors disclosure requirements and generally supports penalties for violations.
Flores said creators who accept political payments should be expected to examine the candidates and positions they are promoting rather than simply accepting compensation.
Saurav Ghosh, a lawyer with the Campaign Legal Center, said he hopes state-level disclosure requirements could eventually contribute to the development of federal standards.
He described transparency as an important component of the U.S. electoral system.
California Could Give Regulators Faster Enforcement Power
The proposed legislation would represent a significant change in how California enforces political disclosure requirements involving social media creators.
Instead of requiring regulators to first obtain a court order, the measure would allow the campaign finance commission to impose penalties directly when it determines that required disclosures were not made.
The proposal comes as political campaigns increasingly incorporate influencers into their communications strategies, raising new questions about how voters should be informed when apparently personal political content is financially sponsored.
Whether California adopts the measure will determine how aggressively the state can enforce its disclosure rules and could provide a model for other states considering similar regulations.
This report is based on reporting by The Associated Press.
