California weighs fines for content creators failing to disclose paid political posts

Campaigns turn to smaller influencers as political ad surrogates

California is weighing whether to penalize social media content creators who fail to disclose paid political partnerships, a step that would escalate enforcement beyond the disclosure rules already on the books in California and Texas. The two states are the only ones that have passed policies requiring content creators to state when they have been paid by a political campaign to post.

The potential fines come as campaigns increasingly move beyond celebrity endorsements to recruit smaller creators for more targeted outreach. Political operations are now partnering with influencers who sometimes have fewer than 100,000 followers, a shift that raises questions about whether existing advertising disclosure rules should extend to individual social media users.

Los Angeles-based influencer Shaka Smith demonstrated the current approach during California’s primary for governor. Smith, who has more than 700,000 Instagram followers, posted a video telling his audience he was supporting Tom Steyer. “Healthcare shouldn’t bankrupt you, housing should not feel impossible, polluters shouldn’t pass their bill to us and artists should not be replaced by AI,” Smith said. “That’s why I’m supporting Tom Steyer for governor.”

Smith opened the video with a disclaimer: “This is an ad, and honestly, I wish more political content said that first.” His caption specified that he was paid by Steyer’s campaign.

Campaigns have long worked with celebrities and major influencers to reach voters. The newer strategy targets creators with smaller but more tailored audiences, allowing campaigns to connect with specific communities. That expansion has intensified debate over whether disclosure rules designed for traditional political advertisements should apply to individual creators operating on social media platforms.

The trend is accelerating ahead of the midterm elections and the 2028 presidential race. Mike Nellis, a Democratic strategist who worked for Kamala Harris’ presidential campaign, said campaigns that are not engaging content creators are falling behind.

“If you’re running for president and you are not currently trying to court some of these people or lining up your own people to act as surrogates for you, you’re already behind,” Nellis said.