California weighs fines for influencers who hide paid political posts

California is considering a crackdown on social media influencers who fail to disclose that they were paid by political campaigns, a move that could reshape how candidates reach voters online.

A bill introduced by Democratic Assemblymember Marc Berman would give the state's Fair Political Practices Commission the power to fine content creators and political committees up to $5,000 per violation. Currently, the commission must seek a court order to compel disclosure, a process that can take months.

"Voters should have a right to know whether or not campaigns are paying for the messaging that they're seeing," Berman said.

The proposal comes as campaigns increasingly turn to smaller creators—sometimes with fewer than 100,000 followers—to reach niche audiences. Democratic strategist Mike Nellis, who worked on Kamala Harris's presidential campaign, said candidates who ignore this trend risk falling behind.

California is one of two states, along with Texas, with disclosure requirements for paid political content. Texas passed its rule in 2024, and New York is considering similar legislation. Federal action remains stalled, though Senator Adam Schiff has introduced a bill and outside groups are urging the Federal Election Commission to act.

High-profile cases have fueled the transparency debate. In 2022, John Fetterman's Senate campaign paid "Jersey Shore" star Nicole "Snooki" Polizzi to mock his opponent without clear disclosure. A year later, creators were paid to defend Texas Attorney General Ken Paxton after his impeachment, with payments not clearly disclosed.

Los Angeles influencer Shaka Smith, who has over 700,000 followers, took a different approach. He opened his endorsement of Tom Steyer with the words: "This is an ad, and honestly, I wish more political content said that first." Smith, who was paid in the thousands of dollars, said his audience trusted his voice.

But smaller creators worry about the burden. Dustin Torreverde, a Southern California creator who hasn't been paid for political posts, said fines and legal costs could be devastating for those just starting out. Libertarian creator Adina Flores supports penalties, but worries some influencers take money without properly researching candidates.

Saurav Ghosh, a lawyer with the Campaign Legal Center, hopes state action will lead to federal rules. "Transparency is one of the most important pillars of our election system," he said.