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A08187 Summary:

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A08187 Floor Votes:

A08187 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8187--C
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                     October 4, 2013
                                       ___________
 
        Introduced  by  M.  of  A. ZEBROWSKI, LUPARDO, McDONALD, JAFFEE, THIELE,
          SIMOTAS,  MILLMAN,  BENEDETTO,  PAULIN,  QUART,  DINOWITZ,  SEPULVEDA,
          HENNESSEY,  STIRPE,  ROSENTHAL, STECK, FAHY, CAHILL, GALEF, GOTTFRIED,
          BROOK-KRASNY,  MILLER,  SOLAGES,  CYMBROWITZ,  RAIA,  JACOBS,  WEPRIN,
          LIFTON,  ABINANTI  --  Multi-Sponsored by -- M. of A. BRENNAN, CROUCH,

          GLICK, MAGEE, MAYER, SWEENEY, WEISENBERG -- read once and referred  to
          the  Committee  on  Election  Law  --  recommitted to the Committee on
          Election Law in accordance with Assembly Rule 3, sec. 2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee -- reported and referred to the Committee on Codes
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and  recommitted to said committee -- again reported from said commit-
          tee with amendments, ordered reprinted as amended and  recommitted  to
          said committee
 
        AN  ACT  to amend the election law, in relation to requiring the disclo-
          sure of the identity of certain entities making expenditures for poli-
          tical communications and providing penalties for failure to do so; and
          to repeal subdivision 2 of section 14-107  of  such  law  relating  to

          independent expenditure reporting
 
          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
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11774-11-4
        A. 8187--C                          2
 
     1  members  of  a  general  public audience by computer or other electronic
     2  device including but not limited to electronic  mail  or  text  message,
     3  purchased  in connection with such election by or under the authority of
     4  the  person filing the statement or the committee or the person on whose
     5  behalf it is filed, as the case  may  be.  Such  copies,  schedules  and
     6  scripts  shall  be  preserved by the officer with whom or the board with
     7  which it is required to be filed for a period of one year from the  date
     8  of filing thereof.

     9    2.  All  political committees that make an expenditure for a political
    10  communication shall be required to disclose the identity  of  the  poli-
    11  tical  committee  which made the expenditure for such political communi-
    12  cation. The disclosure on printed or digital  political  communications,
    13  including  but  not  limited to brochures, flyers, posters, mailings, or
    14  internet advertising shall be printed or typed in an appropriate legible
    15  form to read as follows: "Paid for by:" followed  by  the  name  of  the
    16  political committee making the expenditure. The disclosure on non-print-
    17  ed  or  digital  political  communications shall clearly and prominently
    18  display and/or speak the following statement:  "Paid for  by:"  followed

    19  by  the  name  of the political committee making the expenditure. In the
    20  case of a political communication that is not visual, such as  radio  or
    21  automated  telephone  calls, clearly speaking the statement will satisfy
    22  the requirements of this section.
    23    3. Political communications  that  are  considered  promotional  items
    24  which  support a particular candidate, election, ballot measure or issue
    25  and limit the content of communication to the  name,  office  and  brief
    26  message  of  support, shall be exempt from the provisions of subdivision
    27  two of this section. Promotional items shall be items that are of  nomi-
    28  nal  value  and  are  distributed  to the general public in an effort to

    29  promote a  particular  candidate,  election,  ballot  measure  or  issue
    30  including but not limited to pens, bumper stickers, yard signs, buttons,
    31  shirts, bags or balloons.
    32    4.  Political  communication  that  is  considered digital media which
    33  advertises for a particular candidate, election, ballot measure or issue
    34  which limits the content of communication to the name, office and  brief
    35  message  shall  not  be  subject to the provisions of subdivision two of
    36  this section if such digital media is unable to contain  the  "paid  for
    37  by"  statement  due  to  its  small  size and contains a link to another
    38  webpage where the "paid for by" statement is prominently displayed.
    39    § 2. Subdivision 2 of section 14-107 of the election law is REPEALED.

    40    § 3. Subdivision 3 of section 14-126 of the election law, as added  by
    41  section  6  of subpart C of part H of chapter 55 of the laws of 2014, is
    42  amended to read as follows:
    43    3. [Any person who falsely identifies or knowingly fails  to  identify
    44  any  independent  expenditure  as required by subdivision two of section
    45  14-107 of this article shall be subject to a civil  penalty  up  to  one
    46  thousand  dollars  or  up to the cost of the communication, whichever is
    47  greater, in a special proceeding or civil action brought  by  the  state
    48  board  of elections chief enforcement counsel or imposed directly by the
    49  state board of elections. For purposes of  this  subdivision,  the  term
    50  "person"  shall mean a person, group of persons, corporation, unincorpo-

    51  rated business entity, labor organization or business, trade or  profes-
    52  sional  association  or organization or political committee.] Any person
    53  who knowingly fails to disclose the identity of a political committee on
    54  a political communication as required by section 14-106 of this  article
    55  shall  be subject to a civil penalty of up to one thousand dollars or up
        A. 8187--C                          3
 
     1  to the cost of the communication, whichever is  greater,  in  a  special
     2  proceeding or civil action.
     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, 2015.