A07257 Summary:

BILL NO    A07257 

SAME AS    No same as

SPONSOR    Lopez V

COSPNSR    

MLTSPNSR   

Desig Art 14 SS14-100 - 14-130 to be Title I, add Title II S14-200, El L

Regulates fair campaign practices by prohibiting false or misleading
misrepresentations of endorsement by use of photographs or other writings
communicated through printed advertisements or other material or radio or
television broadcasts; provides civil penalties up to $2,000.

A07257 Actions:

BILL NO    A07257 

03/26/2009 referred to election law
01/06/2010 referred to election law

A07257 Votes:

A07257 Memo:

BILL NUMBER:A7257

TITLE OF BILL:  An act to amend the election law, in relation to prohib-
iting  certain  campaign  practices  involving  the  unauthorized use or
representation of names or likenesses

PURPOSE OR GENERAL IDEA OF BILL:
To ensure fair campaigning by deterring the use of, in political litera-
ture or advertisements of false, fraudulent, or misleading endorsements.
SUMMARY OF SPECIFIC PROVISIONS:
A new Title II is added to Article 14 of  the  Election  Law,  providing
that  no  person,  political  party,  or committee may engage in willful
preparation of any communication  known  to  be  fraudulent,  forged  or
falsely identified or willful misrepresentation of any candidate's party
affiliation or endorsement by any clearly identified person or organiza-
tion.  Violations are punishable by a civil penalty of up to $500.00 for
a  first offense and up to $2000.00 for a second or subsequent offenses,
to be assessed by the State Board of Elections.
JUSTIFICATION:
Currently, the Election Law does not adequately regulate the conduct  of
misleading, "dirty tricks" style campaigns for nomination or election to
public  office.    Many  elected  and party officials in this State have
complained about the use of false information in campaign literature, or
the fraudulent use of names or images to mislead the public into believ-
ing a candidate has the support of individuals or organizations who,  in
fact,  have  not  endorsed  that  candidate.   Often, such literature is
distributed at the last minute, when it is too late to refute the  false
statements.
The  public  is  rightly  disgusted  with  such  dishonest  and unsavory
tactics.   This bill is needed to  ensure  that  such  behavior  can  be
deterred.  The  laws  of  the  State  currently make it a misdemeanor to
falsely use the name of another person to solicit funds  for  a  charity
(Executive  Law S174-d). Similar provisions should be enacted to protect
the public from political "scam artists."
PRIOR LEGISLATIVE HISTORY:
A3047 of the 2007/08 Session A4584 of the 2005/06 Session
A2370 of the 2003/04 Session
A1349 of the 2001/02 Session
A1865 of the 1997/98 Session
FISCAL IMPLICATIONS:
Any enforcement costs would be offset by the  civil  penalties  provided
for in the bill.
EFFECTIVE DATE: The first day of January after enactment.