NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7370 Revised 1/16/24
SPONSOR: McDonald TITLE OF BILL:
An act to amend the election law, in relation to media identification
requirements in the fair campaign code
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to require all candidates obtain the
written, express permission of any person identified in campaign litera-
ture
SUMMARY OF PROVISIONS:
Section 1. Subdivision 1 of section 3-106 of the Election Law is
amended. as follows: The Fair Campaign Code adds a provision requiring
that all campaign literature, media advertisements or broadcasts, public
speeches, press releases and other writing shall identify any person
other than the candidate and such candidate shall obtain the written,
express permission of any person identified in such literature.
Section 2. Establishes the effective date.
JUSTIFICATION:
By appearing in campaign literature, it is suggested that the individual
included with the candidate is supportive of the person running for
election. For example, as public officials, we have pictures taken with
numerous people from our communities. That does not mean that we would
support that individual should they run for office one day. It is impor-
tant that an individual know and approve before being included in such
campaign literature, media advertisements or broadcasts, press releases,
etc.
PRIOR LEGISLATIVE HISTORY:
2021-22: A.9153 (Galef)
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
There are no fiscal implications associated with the passage of this
legislation.
EFFECTIVE DATE:
This act shall take effect on the 180th day after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.
STATE OF NEW YORK
________________________________________________________________________
7370
2023-2024 Regular Sessions
IN ASSEMBLY
May 18, 2023
___________
Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to media identification
requirements in the fair campaign code
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 3-106 of the election law, as
2 amended by chapter 8 of the laws of 1978 and as redesignated by chapter
3 9 of the laws of 1978, is amended to read as follows:
4 1. In addition to the powers and duties elsewhere enumerated in this
5 article, the state board of elections, after public hearings, shall
6 adopt a "fair campaign code" setting forth ethical standards of conduct
7 for persons, political parties and committees engaged in election
8 campaigns including, but not limited to, specific prohibitions against
9 practices of political espionage and other political practices involving
10 subversion of the political parties and process, and requiring that all
11 campaign literature, media advertisements or broadcasts, public speech-
12 es, press releases and other writing shall identify any person other
13 than the candidate and such candidate shall obtain the written, express
14 permission of any person identified in such literature.
15 § 2. This act shall take effect on the one hundred eightieth day after
16 it shall have become a law. Effective immediately, the addition, amend-
17 ment and/or repeal of any rule or regulation necessary for the implemen-
18 tation of this act on its effective date are authorized to be made and
19 completed on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11280-01-3
