New York State Assembly

 
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A02158 Summary:

A02158 Actions:

A02158 Committee Votes:

Committee:ELECTION LAW   Chair:Cusick      
DATE:02/14/2017AYE/NAY:16/0  Action: Favorable refer to committee Codes        
Cusick
Aye
Norris
Aye
Galef
Aye
McKevitt
Aye
Dinowitz
Aye
Lupinacci
Aye
Lentol
Aye
Brabenec
Aye
Lifton
Aye
Kavanagh
Aye
Abinanti
Aye
Buchwald
Aye
Blake
Aye
Walker
Aye
Carroll
Aye
Vanel
Aye

Committee:CODES   Chair:Lentol      
DATE:03/01/2017AYE/NAY:21/0  Action: Favorable         
Lentol
Aye
Graf
Aye
Schimminger
Aye
Giglio
Aye
Weinstein
Excused
McKevitt
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Ra
Aye
Cymbrowitz
Aye
Morinello
Aye
Titus
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye

A02158 Floor Votes:

A02158 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2158--A
                                                                 Cal. No. 97
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 17, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  ZEBROWSKI, LUPARDO, JAFFEE, THIELE, SIMOTAS,
          BENEDETTO, PAULIN,  QUART,  DINOWITZ,  SEPULVEDA,  STIRPE,  ROSENTHAL,
          STECK, FAHY, CAHILL, GALEF, GOTTFRIED, M. G. MILLER, SOLAGES, CYMBROW-
          ITZ,  RAIA,  WEPRIN,  LIFTON,  ABINANTI, SANTABARBARA, MAYER, FARRELL,
          PEOPLES-STOKES -- Multi-Sponsored by -- M. of A. CROUCH, GLICK, MAGEE,
          McDONALD, MOSLEY, RAMOS -- read once and referred to the Committee  on
          Election  Law  --  reported  and referred to the Committee on Codes --
          reported from committee, 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.
                                                                   LBD04296-03-7
        A. 2158--A                          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 amended
    34  by section 2 of part A of chapter 286 of the laws of 2016, is amended to
    35  read as follows:
    36    2. Whenever any person makes an independent expenditure that costs one
    37  thousand dollars or more in the aggregate, such communication shall,  in
    38  a  manner  consistent with section 14-106 of this article, clearly state
    39  the name of the person who paid for, or otherwise published or  distrib-
    40  uted the communication and state, with respect to communications regard-
    41  ing  candidates,  that the communication was not expressly authorized or
    42  requested by any candidate, or by any candidate's political committee or
    43  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. 2158--A                          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 on the first of January next  succeed-
     7  ing the date upon which it shall have become a law.