Desig Art 14 SS14-100 - 14-130 to be Title I, add Title I head, 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.
STATE OF NEW YORK
________________________________________________________________________
2215
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to prohibiting certain
campaign practices involving the unauthorized use or representation of
names or likenesses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Sections 14-100 through 14-130 of article 14 of the
2 election law are designated title I and a new title heading is added to
3 read as follows:
4 GENERAL PROVISIONS
5 § 2. Article 14 of the election law is amended by adding a new title
6 II to read as follows:
7 TITLE II
8 FAIR CAMPAIGN PRACTICES
9 Section 14-200. Fair campaign practices.
10 § 14-200. Fair campaign practices. 1. No person, political party or
11 committee during the course of any campaign for nomination or election
12 to public office or party position shall, directly or indirectly, engage
13 in or commit any of the following:
14 (a) Willful preparation or distribution of any communication known to
15 be fraudulent, forged or falsely identified.
16 (b) Willful misrepresentation of any candidate's party affiliation or
17 party endorsement or endorsement by any clearly identified person or
18 organization including, but not limited to, the willful use of doctored
19 photographs or writings or fraudulent or untrue endorsements.
20 2. For purposes of this section, the following terms shall have the
21 following meanings:
22 (a) The term "clearly identified" shall mean that:
23 (1) the name of the purported endorser involved appears; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04725-01-3
A. 2215 2
1 (2) a photograph or drawing of the purported endorser appears; or
2 (3) the identity of the purported endorser is apparent by unambiguous
3 reference.
4 (b) The term "communication" shall include any advertisement,
5 pamphlet, circular, flyer, brochure, letterhead, or other printed
6 matter, and radio or television broadcast.
7 3. A violation of the provisions of this section shall be punishable
8 by a civil penalty, not to exceed five hundred dollars for a first
9 offense and not to exceed two thousand dollars for any second or subse-
10 quent offense, to be imposed upon any person found by the state board of
11 elections, upon clear and convincing evidence, after a hearing, to have
12 violated any of such provisions.
13 § 3. This act shall take effect on the first of January next succeed-
14 ing the date on which it shall have become a law. Effective immediately,
15 the addition, amendment and/or repeal of any rule or regulation neces-
16 sary for the implementation of this act on its effective date are
17 authorized and directed to be made or completed on or before such effec-
18 tive date.
