Making and Selling Political Items in California

California law regulates the sale and manufacture of political items pursuant to Title 1.1 of Part 4 of Division 3 of the California Civil Code. Section 1739 prohibits any person from selling, advertising for sale, of offering for sale any political item which is purported to be an original political item, but which is not in fact an original political item.

Civil Code Section 1739.1 defines a “political item” as any button, ribbon, poster, sticker, literature, or advertising concerning any candidate or ballot proposition in any electoral campaign. 

Section 1739.2 defines an “original political item” as any political item produced during any electoral campaign for use in support of or in opposition to any candidate or ballot proposition before the voters in that campaign.

Section 1739.3 specifies that no violation of the law occurs if a political item is labeled “copy” or “reproduction” at the time of sale or advertising for sale.

Section 1739.4 makes any person who offers or sells any political item in violation of this law liable to the person purchasing the political item from him or her, and allows that person to sue to recover the consideration paid for the political item, with interest at the legal rate.

In addition, when a person knowingly offers or sells a political item in violation of this law, the person purchasing the political item may recover from the person who offers or sells the political item an amount equal to three times the amount paid. However, a legal action to enforce any liability under this law must be brought within one year after discovery of the violation, and no more than three years after the political item was sold.