MASS MAILING PROHIBITION AND EXCEPTIONS (SB 45)

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11I BEST BEST & KRIEGER ATTORNEYS AT LAW Prohibited Mass Mailings The purpose of the mass mailing prohibition is to prevent incumbent elected officials from using taxpayer funds to promote themselves, which could benefit them in upcoming elections. Under Government Code Section 89002, a prohibited "mass mailing" is the mailing or delivery of more than 200 unsolicited, tangible items to a residence, business, or post office box where: (1) the item features the name, photograph, signature, or other manner of singling out an elected official affiliated with the agency; and (2) the distribution costs are paid with public funds, or the design, production, and printing costs exceeding $50.00 are paid with public funds. Permitted Mass Mailings The remainder of Section 89002 describes which types of mass mailings are still permitted under the Act. As mentioned above, under the new law, certain types of "permitted" mass mailings are not allowed within 60 days of election where the mailed item features a candidate whose name will appear on the ballot at that election. The table beginning on the following page provides a list of mass mailings permitted under Section 89002, and identifies whether or not such mailings are allowed to be sent within 60 days of an election. -2— This product provided under the Public Policy & Ethics Group Program 93939.00001\31038038,3