Voter guide; disclaimers; violations.

(1) As used in this section, the term “voter guide” means direct mail that is either an electioneering communication or a political advertisement sent for the purpose of advocating for or endorsing particular issues or candidates by recommending specific electoral choices to the voter or by indicating issue or candidate selections on an unofficial ballot. The term does not apply to direct mail or publications made by governmental entities or government officials in their official capacity.

(2) A person may not, directly or indirectly, represent that a voter guide is an official publication of a political party unless such person is given written permission pursuant to s. 103.081.

(3) A voter guide circulated before, or on the day of, an election must, in bold font with a font size of at least 12 points, prominently:

(a) Display the following disclaimer at the top of the first page of the voter guide:

1. If the voter guide is an electioneering communication, the disclaimer required under s. 106.1439; or

2. If the voter guide is a political advertisement, the disclaimer required under s. 106.143.

(b) Be marked “Voter Guide” with such text appearing immediately below the disclaimer required in paragraph (a).

(4)(a) In addition to any other penalties provided by law, a person who fails to comply with this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of not less than $25 for each individual voter guide distributed.

(b) Any fine imposed pursuant to paragraph (a) may not exceed $2,500 in the aggregate in any calendar month.