SB 640 Summary

• Defines "online platform" as any public-facing website or digital application (including social networks, ad networks, or search engines) that sells qualified political advertisements and either has 400,000+ unique monthly U.S. visitors for seven of twelve months or generates over $1,000 annually in advertising revenue.

• Requires online platforms to make qualified political advertisements publicly available online in machine-readable format and provide the State Elections Enforcement Commission with a single point of contact responsible for the advertisement's sale and appearance.

• Establishes a rebuttable presumption that online platform expenditures displaying a candidate's name, face, or voice within 90 days of a primary or election are not independent expenditures unless made neutrally and evenly toward all candidates and opponents.

• Expands the definition of non-independent expenditures to include nine additional categories addressing coordination between spenders and political campaigns, including shared personnel, campaign information sharing, and consultant/vendor relationships.

• Takes effect January 1, 2022.