Exempts internal communication by a labor organization aimed at its members from the definition of independent expenditures for purposes of campaign finance reporting.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7853
SPONSOR: Walker TITLE OF BILL:
An act to amend the election law, in relation to member-to-member commu-
nications by labor organizations
PURPOSE OR GENERAL IDEA OF BILL:
To clarify and expand the exemption of internal communications by labor
organizations from being classified as independent expenditures under
New York election law.
SUMMARY OF PROVISIONS:
*Section 1 amends subdivision 9 of section 14-100 of the Election Law to
exempt from the definition of "independent expenditure" any cost
incurred by a labor organization for communications directed to its
members on any subject.
*Section 2 amends subparagraph (v) of paragraph (b) of subdivision 1 of
section 14-107 of the Election Law by further defining "member" of a
labor organization. The definition includes voting members, dues-paying
members, individuals residing in the same household, executive or admin-
istrative personnel, and retired members.
*Section 3 sets the effective date for ninety (90) days after enactment
and applies to all election cycles commencing thereafter.
JUSTIFICATION:
Labor organizations maintain their right to conduct internal communi-
cations with members through this bill because such communications have
always been exempt from reportable or regulated independent expendi-
tures. The communications which include newsletters, emails and
announcements serve as fundamental tools for union governance and poli-
tical engagement. The bill defines "member" clearly while protecting
member-to-member communications from campaign finance regulations to
allow labor organizations full participation in civic and electoral
processes that align with free speech and associational rights.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the state or local governments.
EFFECTIVE DATE:
This act shall take effect ninety (90) days after becoming law and shall
apply to all election cycles commencing on or after that date.
STATE OF NEW YORK
________________________________________________________________________
7853
2025-2026 Regular Sessions
IN ASSEMBLY
April 11, 2025
___________
Introduced by M. of A. WALKER -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to member-to-member commu-
nications by labor organizations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraphs (B) and (C) of paragraph 3 of subdivision 9
2 of section 14-100 of the election law, as amended by chapter 70 of the
3 laws of 1983, are amended and a new subparagraph (D) is added to read
4 as follows:
5 (B) the use of real or personal property and the cost of invitations,
6 food and beverages voluntarily provided by an individual to a candidate
7 or political committee on the individual's residential premises for
8 candidate-related activities to the extent such services do not exceed
9 five hundred dollars in value, [and]
10 (C) the travel expenses of any individual who on [his] such individ-
11 ual's own behalf volunteers [his] such individual's personal services to
12 any candidate or political committee to the extent such expenses are
13 unreimbursed and do not exceed five hundred dollars in value[.], and
14 (D) any cost incurred for any communication by a labor organization to
15 its members on any subject. For the purposes of this clause, "member"
16 shall have the same meaning as defined in subparagraph (v) of paragraph
17 (b) of subdivision one of section 14-107 of the election law.
18 § 2. Subparagraph (v) of paragraph (b) of subdivision 1 of section
19 14-107 of the election law, as amended by section 1 of part A of chapter
20 286 of the laws of 2016, is amended to read as follows:
21 (v) any internal communication by a labor organization aimed at its
22 members. For purposes of this section, a member of a labor organization
23 shall mean:
24 (1) any individual who, pursuant to a specific provision of a labor
25 organization's articles or bylaws, has the right to vote directly or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08823-01-5
A. 7853 2
1 indirectly for the election of a director or directors or an officer or
2 officers or on a disposition of all or substantially all of the assets
3 of the organization or on a merger or on a dissolution;
4 (2) any individual who is designated in the articles or bylaws as a
5 member and, pursuant to a specific provision of a labor organization's
6 articles or bylaws, has the right to vote on changes to the articles or
7 bylaws, or pays or has paid membership dues in an amount predetermined
8 by the labor organization so long as the labor organization is tax
9 exempt under section 501(c)(5) of the Internal Revenue Code of 1986;
10 (3) any individual who resides within the same household as a member
11 as defined in this paragraph;
12 (4) executive or administrative personnel of the labor organization;
13 or
14 (5) retired members; or
15 (vi) a communication published on the Internet, unless the communi-
16 cation is a paid advertisement.
17 § 3. This act shall take effect on the ninetieth day after it shall
18 have become a law and shall apply to all election cycles commencing on
19 or after such effective date.
