Political Influencers and Campaign Disclosure Rules: A Growing Conflict in California’s Gubernatorial Race

As California’s gubernatorial race intensifies ahead of the June 2 primary, a new dispute has emerged regarding the intersection of social media influence and state election law. A political influencer has filed a formal complaint with the California Fair Political Practices Commission (FPPC), alleging that Tom Steyer’s campaign failed to properly notify her of disclosure requirements after paying her for content.

The Core of the Dispute

Maggie Reed, a social media creator known for political commentary under the handle “mermaidmamamaggie,” initiated the complaint after being named in a separate filing by the Steyer campaign. The billionaire’s campaign had previously accused Reed and another influencer, Jay Gonzalez, of failing to disclose paid content that supported Xavier Becerra, Steyer’s primary Democratic opponent.

Reed contends that the Steyer campaign’s own practices were opaque. According to her complaint, she was paid by the Steyer campaign to meet with the candidate in March and subsequently signed a non-disclosure agreement (NDA) that prohibited her from revealing the payment. She argues that the campaign intentionally structured the arrangement to make the resulting content appear as organic, independent opinion rather than paid political advertising.

Campaign Disclosure Requirements

Under a California law enacted in 2023, social media creators are required to disclose when their political posts are sponsored. Crucially, the law also mandates that political campaigns notify influencers of these disclosure obligations. While the Steyer campaign’s financial filings show a $5,000 payment to the agency representing Reed for “digital advertising,” the filings did not explicitly link the payment to the production of specific social media content or the meeting with the candidate.

The Steyer campaign maintains that while it compensated Reed for the meeting, the creation of social media content was at her own discretion. Regarding the NDA, the campaign stated the agreement required Reed to comply with all applicable laws but did not specifically outline the disclosure requirements for sponsored political content.

Broader Implications for Political Advertising

The conflict highlights the increasing reliance on digital creators in modern political campaigns and the regulatory challenges that follow. The FPPC holds the authority to seek court intervention to enforce compliance with state disclosure laws, though violations do not typically trigger immediate civil or criminal penalties.

The situation is further complicated by the political landscape of the race. Xavier Becerra, currently the U.S. Secretary of Health and Human Services, remains a front-runner in recent polling. The Becerra campaign has stated that it does not pay influencers to produce content on its behalf. Meanwhile, the Steyer campaign has pointed to other influencers, including Jay Gonzalez—now a staffer for Becerra—alleging that their posts were belatedly labeled as sponsored content.

Key Takeaways

• Regulatory Pressure: California law requires both the influencer to disclose paid content and the campaign to ensure the creator understands these disclosure obligations.
• Transparency Concerns: The use of non-disclosure agreements in political marketing is facing increased scrutiny, with critics arguing it hides the financial relationship between campaigns and creators from the public.
• Escalating Tensions: The dispute has led to a series of reciprocal complaints filed with the FPPC, reflecting the high stakes of the upcoming June 2 primary.

As the primary approaches, the FPPC’s involvement will likely serve as a test case for how strictly California will regulate the gray area between organic social media engagement and paid political advocacy. With the general election scheduled for November, the outcomes of these complaints could set a significant precedent for how campaigns engage with digital media personalities in future election cycles.