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S08445 Summary:

BILL NOS08445
 
SAME ASNo Same As
 
SPONSORFAHY
 
COSPNSR
 
MLTSPNSR
 
Amd §14-107, add §14-107-c, El L
 
Requires disclosure of major contributors on independent expenditure communications; provides language for such disclaimers.
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S08445 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8445
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      June 23, 2025
                                       ___________
 
        Introduced  by  Sen.  FAHY  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the election law, in relation to requiring disclosure of
          major contributors on independent expenditure communications
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section 14-107 of the election law is amended by adding a
     2  new subdivision 9 to read as follows:
     3    9. (a) Any individual, entity, or political committee  that  makes  an
     4  independent  expenditure  for  a  covered communication shall include on
     5  such communication the following disclaimer, prominently  displayed  and
     6  clearly readable or audible, as applicable:
     7    "Paid  for  by  (name of person or organization). This expenditure was
     8  not made in cooperation with any candidate or candidate's committee."
     9    (b) (i) If the independent spender  has  received  aggregate  contrib-
    10  utions  exceeding  one thousand dollars from any person or entity during
    11  the twelve months preceding the communication, the disclaimer shall also
    12  include:
    13    "Top contributors: (Name one) (Name two) (Name three)."
    14    (ii) The names listed under subparagraph (i) of this  paragraph  shall
    15  be  those  contributors  who  contributed  the largest aggregate amounts
    16  exceeding one thousand dollars, in descending order.
    17    (c) If the independent spender has a treasurer, the  disclaimer  shall
    18  also include:
    19    "The  treasurer of (name of person or organization) is (name of treas-
    20  urer)."
    21    (d) The disclosure shall appear in a type  size  and  format  that  is
    22  easily  readable  or, for audio or video communications, clearly audible
    23  and/or visible for at least four  seconds.  The  disclosure  shall  also
    24  include  the  web address of the state board of elections candidates and
    25  campaign disclosures reporting system.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13406-01-5

        S. 8445                             2
 
     1    (e) Nothing in this section shall  be  applicable  to  candidates  for
     2  public  offices  under  the  jurisdiction  of the New York city campaign
     3  finance board.
     4    (f)  For  the purposes of this subdivision, the term "covered communi-
     5  cation" shall mean any public communication made via direct mail, print,
     6  internet, radio, television, telephone, or other mass distribution meth-
     7  od that expressly advocates for the election  or  defeat  of  a  clearly
     8  identified  candidate or ballot proposal, or refers to such candidate or
     9  proposal within sixty days of an election.
    10    § 2. The election law is amended by adding a new section  14-107-c  to
    11  read as follows:
    12    §  14-107-c.  Donor attribution rules for independent expenditures. 1.
    13  For  purposes  of  determining  the  top  contributors  required  to  be
    14  disclosed  under  subdivision nine of section 14-107 of this title, only
    15  those contributions that are earmarked,  solicited  for,  or  reasonably
    16  expected to support independent expenditures shall be considered.
    17    2.  No  later than one hundred eighty days after the effective date of
    18  this section, state board of elections shall  promulgate  any  rules  or
    19  regulations  necessary  to  implement the provisions of this section and
    20  subdivision nine of section 14-107 of this title, including standardized
    21  disclaimer formats, font sizes, and methods for identifying top contrib-
    22  utors.
    23    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    24  sion or section of this act shall be adjudged by any court of  competent
    25  jurisdiction  to  be invalid, such judgment shall not affect, impair, or
    26  invalidate the remainder thereof, but shall be confined in its operation
    27  to the clause,  sentence,  paragraph,  subdivision  or  section  thereof
    28  directly  involved  in the controversy in which such judgment shall have
    29  been rendered. It is hereby declared to be the intent of the legislature
    30  that this act would have been enacted even if  such  invalid  provisions
    31  had not been included herein.
    32    §  4. This act shall take effect on the first of January next succeed-
    33  ing the date upon which it shall have become a law. Effective immediate-
    34  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
    35  necessary  for  the implementation of this act on its effective date are
    36  authorized to be made and completed on or before such effective date.
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