(a) Except as provided in subdivision (b), a mailing is prohibited by Section 89001 if all of the following criteria are met: (1) An item sent is delivered, by any means, to the recipient at the recipientâs residence, place of employment or business, or post office box. The item delivered to the recipient must be a tangible item, such as a videotape, record, or button, or a written document. (2) The item sent either: (A) Features an elected officer affiliated with the agency that produces or sends the mailing. (B) Includes the name, office, photograph, or other reference to an elected officer affiliated with the agency that produces or sends the mailing, and is prepared or sent in cooperation, consultation, coordination, or concert with the elected officer. (3) Any of the costs of distribution are paid for with public money or the costs of design, production, and printing exceeding fifty dollars ($50) are paid with public moneys, and the design, production, or printing is done with the intent of sending the item other than as permitted by this section. (4) More than 200 substantially similar items are sent in a single calendar month, excluding any item sent in response to an unsolicited request and any item described in subdivision (b). (b) Notwithstanding subdivision (a), a mass mailing of the following items is not prohibited by Section 89001: (1) An item in which the elected officerâs name appears only in the letterhead or logotype of the stationery, forms, including âFor Your Informationâ or âCompliments ofâ cards or stamps, and envelopes of the agency sending the mailing, or of a committee of the agency, or of the elected officer, or in a roster listing containing the names of all elected officers of the agency. For purposes of this section, the return address portion of a self-mailer is considered the envelope. In any such item, the names of all elected officers must appear in the same type size, typeface, type color, and location. The item shall not include the elected officerâs photograph, signature, or any other reference to the elected officer, except as specifically permitted by this section. The item may, however, include the elected officerâs office or district number and the elected officerâs name or district number in the elected officerâs internet website address or electronic mail address. (2) A press release sent to members of the media. (3) An item sent in the normal course of business from one governmental entity or officer to another governmental entity or officer, including all local, state, and federal officers or entities. (4) An intra-agency communication sent in the normal course of business to employees, officers, deputies, and other staff. (5) An item sent in connection with the payment or collection of funds by the agency sending the mailing, including tax bills, checks, and similar documents, in any instance in which use of the elected officerâs name, office, title, or signature is necessary to the payment or collection of the funds. The item shall not include the elected officerâs photograph, signature, or any other reference to the elected officer, except as specifically permitted by this section. (6) Any item sent by an agency responsible for administering a government program, to persons subject to that program, in any instance in which the mailing of the item is essential to the functioning of the program, the item does not include the elected officerâs photograph, and use of the elected officerâs name, office, title, or signature is necessary to the functioning of the program. (7) Any legal notice or other item sent as required by law, court order, or order adopted by an administrative agency pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2), and in which use of the elected officerâs name, office, title, or signature is necessary in the notice or other mailing. For purposes of this parag
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