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A04286 Summary:

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A04286 Text:

 
                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.