State Legislatures vs. Campaign Texting: Navigating the New Rules

Political text messaging has become an indispensable tool for campaigns, it’s direct, fast, and proven to drive donations and turnout. But in 2025, a wave of state-level laws are threatening to upend how campaigns text voters. As someone who’s spent years in the political texting trenches, I can candidly say: the rules can change, fast. From redefining “autodialers” to requiring new disclaimers, state legislatures are making it harder to reach voters by text. Below, we’ll break down the latest developments and how campaigns can adapt to keep raising money and contacting voters compliantly.

The New Regulatory Storm in State Capitols

State lawmakers have zeroed in on data privacy and digital communications, including the texting strategies campaigns rely on. Why now? In part because political texts have exploded in volume and voters (and legislators) are noticing. Campaign texts boasting “WE’LL HAVE TO END OUR RACE IN SHAME IF YOU DON’T DONATE NOW” have become ubiquitous. In response, states are introducing laws to rein in how campaigns collect data and send messages.

The result? A patchwork of new rules that campaign professionals must quickly understand. Let’s look at texting-specific bills aiming at how campaigns message voters.

Texting Under Fire: Autodialers, Disclaimers, & Attribution

Some states are specifically targeting political texting and communications. These bills pose an even more immediate threat to campaign routines: the daily texts for fundraising, voter turnout (GOTV), volunteer recruitment, and surveys that campaigns rely on could be curtailed or complicated.

Michigan (SB 351) – This is the big one that will keep digital directors awake at night. SB 351, introduced by State Sen. Mary Cavanagh, would redefine “autodialer” to explicitly include political texts and app-based messages used for fundraising, GOTV, and surveys. In plain English: a huge chunk of what campaigns do, blasting out texts to voters, would suddenly fall under Michigan’s telephone solicitation rules. Those rules were meant for telemarketers, not political outreach, and they effectively ban unsolicited automated calls. If texts get lumped in, many modern campaign texting practices would be prohibited in Michigan. No more P2P texting campaigns reaching thousands of supporters, unless an exemption is carved out. Our friends at the AAPC are urgently pushing for a political exemption in SB 351, and campaigns across the state are on alert. This proposal shows how a state can swing the pendulum: at the federal level, courts narrowed the definition of “autodialer” in 2021 (making many peer-to-peer texts TCPA-compliant), but Michigan is now trying to broaden it dramatically. If SB 351 passes as-is, Michigan would go from one of the more permissive texting states (no current robotext law; bridgemi.com) to one of the strictest. Campaigns need to be ready to pivot strategies in Michigan if this goes through.

Connecticut (SB 1405) – In Connecticut, the issue isn’t banning texts, but adding disclaimers to them. Governor Ned Lamont signed SB 1405 into law, requiring “paid for by” and “approved by” style disclaimers on basically all political communications, texts, digital ads, you name it. For texts, campaigns can include a hyperlink to a full disclaimer to save characters, but some form of disclaimer must appear in the message. This law will take effect on July 1. No more anonymous SMS blasts or mystery numbers, transparency is mandated.. Campaigns will need to squeeze in a “Paid for by XYZ Campaign” or a short link to it, even in 160 characters. It’s doable (we’ve managed disclaimer requirements across many channels for years), but it adds another step for your texting program. Compliance tip: Update your texting templates to include a disclaimer line or link for any texts for Connecticut campaigns and projects. Voters in CT will start seeing texts that say “– Paid for by Committee to Elect Jane Doe” at the end.

Maine (LD 9) – Maine has jumped in with a new law directly aimed at political texting practices. Governor Janet Mills signed LD 9, which requires attribution on mass texts sent using “mass distribution technology”. In effect, if you send a batch of texts through a platform (as opposed to one-by-one on your personal phone), you need to identify the sender/organization in the text. Maine is making sure voters know who is texting them. This law also updates independent expenditure (IE) disclosures. Now, any IE text or digital ad must list the top three funders behind the communication.

Other States and Trends: Even beyond Michigan, Connecticut, and Maine, we see a growing pattern of state-level “mini-TCPA” laws and disclaimer requirements. Florida, for example, passed a law in 2021 that restricted unsolicited texts, leading to a rash of lawsuits (though it was later adjusted). Washington and Texas have had their own disclosure rules for text messages. In short, the patchwork is growing. Campaigns must stay updated on each state’s rules, a tactic that’s perfectly legal in one state might incur penalties next door.

Past Pivot Points: How SMS Survived (So Far)

If you’re feeling a bit anxious about these changes, that’s understandable. But this isn’t the first time campaigns have had to pivot on texting and digital outreach due to legal and regulatory shifts. A bit of historical context for perspective:

• TCPA & Federal Rules: Political campaigns have long ridden an exemption (or rather, a gray area) in federal telemarketing law. Automated calls are heavily restricted, but texts slipped through as long as they weren’t sent by a true autodialer. In 2021, the U.S. Supreme Court’s Facebook v. Duguid decision firmly narrowed the federal autodialer definition, essentially protecting many campaign texting platforms that send texts from stored lists rather than random dialing. This gave campaigns confidence that peer-to-peer texting (with a person clicking “send” for each message, aided by software) was not outlawed by federal law. That victory for text outreach shows that the legal landscape can swing in favor of campaigns, but the state-level moves now are a response to the explosion of texts that followed.

• 10DLC and Carrier Policies: Not all the pivots come from legislatures. In 2021-2022, mobile carriers implemented 10DLC registration for A2P (application-to-person) texting. Campaigns had to register their programs, comply with carrier rules, and deal with throughput limits or risk having messages blocked as spam. That was a non-governmental change, but it drastically changed texting practices. Many had to scramble to register campaigns and adjust messaging to fit carrier guidelines. The result? We adapted with more thoughtful targeting and compliant messaging content (e.g., always including “Stop to End”... Many still ignore this requirement, sadly). Lesson learned: whether it’s a carrier or a legislature imposing rules, the best campaigns stay nimble and adjust quickly.

The big picture: campaign professionals are incredibly adaptive. We’ve navigated FEC rules, FCC rules, carrier crackdowns, and state law quirks before. Each time, digital teams have found creative workarounds or new tactics to comply and still reach voters. This moment, the surge of state texting and data laws, is another challenge, but one we can meet with the right strategy and tools.

Staying Compliant and Effective: How Campaign Engine Can Help

Facing this onslaught of state regulations, campaigns might be wondering: How do we keep texting voters and raising money without getting into legal hot water? The answer lies in staying informed, being flexible, and using the right partners. This is where Campaign Engine comes in.

Compliance by Design: At Campaign Engine, we don’t just write text copy, we build full programs with compliance baked in from the start. Our team includes seasoned texting strategists who stay ahead of state-by-state rule changes and guide our clients through every update. We’re proactively tailoring message formats so every text includes the correct disclosures. Whether it’s adjusting send times, disclaimer language, or opt-out protocols, our job is to make sure your texting program runs smoothly, legally, and effectively without you having to worry about the fine print.

Rapid Response Updates: Regulations change quickly – often with only a few weeks’ notice (e.g., a law is signed and “effective July 1”). Campaign Engine engages with groups like the AAPC and consult with our industry partners so that as soon as something new is finalized, we update our best-practices and notify our clients. In other words, we’re your watchdog and guide in this storm of new rules as the cycle heats up.

Proven Fundraising Results: At the end of the day, compliance is not about putting a damper on fundraising, it’s about sustaining fundraising by avoiding costly mistakes. Campaign Engine’s texting strategies have raised millions for campaigns and PACs, and we’ve done it while staying on the right side of the law. By leveraging our deep texting experience, we craft messages that not only check the legal boxes (proper disclaimers, send times, opt-out language) but also inspire supporters to click donate or volunteer. We won’t sugarcoat: if a new law means you must change approach, we’ll tell you and help you find a new path.

Bottom line: Campaign texting isn’t dead, not by a long shot. It’s just evolving under new state pressures. With the right partner keeping you compliant, your campaign can continue to leverage texting as a fundraising and voter contact powerhouse. Campaign Engine is that partner; a team that stays one step ahead of it all so you can focus on winning your race.

Conclusion: Navigating the Storm with the Right Partner

State legislatures may be throwing curveballs at political campaigns and organizations, but campaign professionals are nothing if not resilient. By understanding the new laws and by arming ourselves with compliant technology and strategies, we can continue to reach voters effectively. In fact, those who adapt fastest will gain an edge: while slower-moving campaigns get bogged down by legal risks, you’ll be safely texting away, building relationships with supporters.

The key is insider knowledge and adaptability. That’s the ethos we embrace at Campaign Engine. We combine up-to-the-minute insight with battle-tested texting experience to guide our clients through the turbulence.

Campaigning is about overcoming obstacles. Shifting state laws on texting and data are just the latest obstacle. With the right knowledge, tools, and partnering with Campaign Engine, you’ll not only overcome this one, you’ll continue to raise money and mobilize voters in droves.