NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4286B
SPONSOR: Zebrowski (MS) TITLE OF BILL: An act to amend the election law, in relation to
disclosure of the identities of political committees making certain
expenditures for political communications
PURPOSE OF THE BILL:
This bill will require that political communications disclose the iden-
tity of the political committee that made the expenditure for the commu-
nication.
SUMMARY OF PROVISIONS:
Section one of the bill amends section 14-106 of the election law as it
relates to requiring disclosure on political communications. The section
requires a "paid for by" statement for all political communications
including printed, digital, visual or auditory communications. Political
communications shall clearly print, state or speak a disclaimer state-
ment of "Paid for by" and the name of the political committee that made
the expenditure for such communication. The bill exempts promotional
items that are of nominal value and contain a brief message of support
including pens, bumper stickers, yard signs and buttons. Digital media
which is too small to contain a disclosure statement shall be exempt if
it contains, a link to a webpage where such disclosure is prominently
displayed.
Section two of the bill amends section 14-107 of the election law as it
relates to stating the manner in which the identity is disclosed on
independent expenditures.
Section three of the bill amends section 14-126 of the election as it
relates to penalties.
Section four of the bill relates to authorizing the board of elections
to promulgate rules and regulations necessary to implement the
provisions of this section.
Section five of the bill relates to the effective date.
JUSTIFICATION:
Most states including the Federal government have laws requiring poli-
tical communications disclose the sender's identity. This bill will end
anonymous mailings and require that all communications clearly state who
paid for it. Anonymous mailings and advertising allow candidates and
committees to avoid taking responsibility for the content of the commu-
nication. Voters in all elections deserve to know where the political
mail is coming from and who is responsible for it.
PRIOR LEGISLATIVE HISTORY:
A.8187C of 2013-14
FISCAL IMPLICATIONS FOR STATE:
None.
EFFECTIVE DATE:
This act shall take effect January 1, 2017.
STATE OF NEW YORK
________________________________________________________________________
4286--B
Cal. No. 175
2015-2016 Regular Sessions
IN ASSEMBLY
January 30, 2015
___________
Introduced by M. of A. ZEBROWSKI, LUPARDO, McDONALD, JAFFEE, THIELE,
SIMOTAS, BENEDETTO, PAULIN, QUART, DINOWITZ, SEPULVEDA, STIRPE, ROSEN-
THAL, STECK, FAHY, CAHILL, GALEF, GOTTFRIED, MILLER, SOLAGES, CYMBROW-
ITZ, RAIA, WEPRIN, LIFTON, ABINANTI, SANTABARBARA, MAYER, FARRELL --
Multi-Sponsored by -- M. of A. BRENNAN, CROUCH, GLICK, MAGEE, RAMOS --
read once and referred to the Committee on Election Law -- reported
and referred to the Committee on Codes -- advanced to a third reading,
amended and ordered reprinted, retaining its place on the order of
third reading -- advanced to a third reading, amended and ordered
reprinted, retaining its place on the order of third reading
AN ACT to amend the election law, in relation to disclosure of the iden-
tities of political committees making certain expenditures for poli-
tical communications
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 14-106 of the election law, as amended by section 3
2 of subpart C of part H of chapter 55 of the laws of 2014, is amended to
3 read as follows:
4 § 14-106. Political communication. 1. The statements required to be
5 filed under the provisions of this article next succeeding a primary,
6 general or special election shall be accompanied by a copy of all broad-
7 cast, cable or satellite schedules and scripts, internet, print and
8 other types of advertisements, pamphlets, circulars, flyers, brochures,
9 letterheads and other printed matter purchased or produced, and reprod-
10 uctions of statements or information published to five hundred or more
11 members of a general public audience by computer or other electronic
12 device including but not limited to electronic mail or text message,
13 purchased in connection with such election by or under the authority of
14 the person filing the statement or the committee or the person on whose
15 behalf it is filed, as the case may be. Such copies, schedules and
16 scripts shall be preserved by the officer with whom or the board with
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07793-03-6
A. 4286--B 2
1 which it is required to be filed for a period of one year from the date
2 of filing thereof.
3 2. All political committees that make an expenditure for a political
4 communication shall be required to disclose the identity of the poli-
5 tical committee which made the expenditure for such political communi-
6 cation. The disclosure on printed or digital political communications,
7 including but not limited to brochures, flyers, posters, mailings, or
8 internet advertising shall be printed or typed in an appropriate legible
9 form to read as follows: "Paid for by:" followed by the name of the
10 political committee making the expenditure. The disclosure on non-print-
11 ed or digital political communications shall clearly and prominently
12 display and/or speak the following statement: "Paid for by:" followed by
13 the name of the political committee making the expenditure. In the case
14 of a political communication that is not visual, such as radio or auto-
15 mated telephone calls, clearly speaking the statement will satisfy the
16 requirements of this section.
17 3. Political communications that are considered promotional items
18 which support a particular candidate, election, ballot measure or issue
19 and limit the content of communication to the name, office and brief
20 message of support, shall be exempt from the provisions of subdivision
21 two of this section. Promotional items shall be items that are of nomi-
22 nal value and are distributed to the general public in an effort to
23 promote a particular candidate, election, ballot measure or issue
24 including but not limited to pens, bumper stickers, yard signs, buttons,
25 shirts, bags or balloons.
26 4. Political communication that is considered digital media which
27 advertises for a particular candidate, election, ballot measure or issue
28 which limits the content of communication to the name, office and brief
29 message shall not be subject to the provisions of subdivision two of
30 this section if such digital media is unable to contain the "paid for
31 by" statement due to its small size and contains a link to another
32 webpage where the "paid for by" statement is prominently displayed.
33 § 2. Subdivision 2 of section 14-107 of the election law, as added by
34 section 4 of subpart C of part H of chapter 55 of the laws of 2014, is
35 amended to read as follows:
36 2. Whenever any person makes an independent expenditure that costs
37 more than one thousand dollars in the aggregate, such communication
38 shall, in a manner consistent with section 14-106 of this article,
39 clearly state the name of the person who paid for, or otherwise
40 published or distributed the communication and state, with respect to
41 communications regarding candidates, that the communication was not
42 expressly authorized or requested by any candidate, or by any candi-
43 date's political committee or any of its agents.
44 § 3. Subdivision 3 of section 14-126 of the election law, as added by
45 section 6 of subpart C of part H of chapter 55 of the laws of 2014, is
46 amended to read as follows:
47 3. Any person who falsely identifies or knowingly fails to identify
48 any independent expenditure as required by subdivision two of section
49 14-107 of this article or any political committee as required in section
50 14-106 of this article shall be subject to a civil penalty up to one
51 thousand dollars or up to the cost of the communication, whichever is
52 greater, in a special proceeding or civil action [brought by the state
53 board of elections chief enforcement counsel or imposed directly by the
54 state board of elections]. For purposes of this subdivision, the term
55 "person" shall mean a person, group of persons, corporation, unincorpo-
A. 4286--B 3
1 rated business entity, labor organization or business, trade or profes-
2 sional association or organization or political committee.
3 § 4. The state board of elections shall promulgate all rules and regu-
4 lations necessary to implement the provisions of this act on or before
5 its effective date.
6 § 5. This act shall take effect January 1, 2017.
