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A11350 Summary:

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A11350 Floor Votes:

A11350 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11350
 
                   IN ASSEMBLY
 
                                      June 3, 2010
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Silver) --
          read once and referred to the Committee on Election Law
 
        AN ACT to amend the election law,  in  relation  to  political  communi-
          cation,  independent expenditure reporting, enforcement proceeding and
          penalties for violations
 
          The People of the State of New York, represented in Senate and  Assem-

        bly, do enact as follows:
 
     1    Section  1.  Section  14-100  of the election law is amended by adding
     2  three new subdivisions 12, 13 and 14 to read as follows:
     3    12. "clearly identified candidate" means that:
     4    (a) the name of the candidate involved appears;
     5    (b) a photograph or drawing of the candidate appears; or
     6    (c) the identity of the candidate is apparent  by  unambiguous  refer-
     7  ence.
     8    13. "general public audience" means an audience composed of members of
     9  the  public,  including  a  targeted  subgroup of members of the public;
    10  provided, however, it does not mean  an  audience  solely  comprised  of
    11  members,  retirees  and staff of a labor organization or their immediate

    12  family members or an audience solely comprised of employees of a  corpo-
    13  ration,  unincorporated  business entity or members of a business, trade
    14  or professional association or organization.
    15    14. "labor organization" means any  organization  of  any  kind  which
    16  exists  for  the purpose, in whole or in part, of representing employees
    17  employed within the state of New  York  in  dealing  with  employers  or
    18  employer  organizations  or with a state government, or any political or
    19  civil subdivision or other agency thereof, concerning terms  and  condi-
    20  tions  of employment, grievances, labor disputes, or other matters inci-
    21  dental to the employment relationship.  For the purposes of  this  arti-

    22  cle, each local, parent national or parent international organization of
    23  a  statewide labor organization, and each statewide federation receiving
    24  dues from subsidiary labor organizations, shall be considered a separate
    25  labor organization.
    26    § 2. Section 14-106 of the election law, as amended by  chapter  8  of
    27  the laws of 1978, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17398-03-0
        A. 11350                            2
 
     1    § 14-106. Political [advertisements and literature] communication.  1.

     2  The statements required to be filed under the provisions of this article
     3  next succeeding a primary, general or special election shall be accompa-
     4  nied by a [facsimile or] copy of all broadcast, cable or satellite sche-
     5  dules   and   scripts,  advertisements,  pamphlets,  circulars,  flyers,
     6  brochures, letterheads and other printed matter  purchased  or  produced
     7  [and a schedule of all radio or television time, and scripts used there-
     8  in],  and  reproductions  of  statements or information conveyed to five
     9  hundred or more members of a general  public  audience  by  computer  or
    10  other  electronic  device, purchased in connection with such election by
    11  or under the authority of the person filing the statement or the commit-

    12  tee or the person on whose behalf it is filed, as the case may be.  Such
    13  [facsimiles,]  copies,  schedules  and scripts shall be preserved by the
    14  officer with whom or the board with which it is required to be filed for
    15  a period of one year from the date of filing thereof.
    16    2. No person, political party or committee shall, during the course of
    17  any campaign for nomination or election to public office or party  posi-
    18  tion,  prepare  or  distribute  any political communication that falsely
    19  identifies the source of such communication.
    20    § 3. The election law is amended by adding a  new  section  14-107  to
    21  read as follows:
    22    §  14-107.  Independent expenditure reporting. 1. For purposes of this
    23  article:

    24    (a) "Independent expenditure" means an expenditure made  by  a  person
    25  for  an  audio  or  video communication to a general public audience via
    26  broadcast, cable or satellite or a written communication  to  a  general
    27  public   audience  via  advertisements,  pamphlets,  circulars,  flyers,
    28  brochures, letterheads or other printed matter and statements or  infor-
    29  mation  conveyed  to  five  hundred  or more members of a general public
    30  audience by computer or other electronic devices  which:  (i)  expressly
    31  advocates  the  election  or defeat of a clearly identified candidate or
    32  the success or defeat of a ballot proposal and (ii) such candidate,  the
    33  candidate's  political committee or its agents, or a political committee

    34  formed to promote the success or defeat of  a  ballot  proposal  or  its
    35  agents,  did not authorize, request, suggest, foster or cooperate in any
    36  such communication.
    37    (b) Independent expenditures do not include:
    38    (i) a written news story, commentary, or editorial or  a  news  story,
    39  commentary,  or  editorial  distributed  through  the  facilities of any
    40  broadcasting station, cable or  satellite  unless  such  publication  or
    41  facilities  are  owned  or  controlled by any political party, political
    42  committee or candidate; or
    43    (ii) a communication that constitutes a candidate debate or forum; or
    44    (iii) a communication which constitutes  an  expenditure  made  by  an

    45  entity  required  to  report  such expenditure with a board of elections
    46  pursuant to sections 14-102 and 14-104 of this article.
    47    (c) For purposes of this section, the term "person" shall mean person,
    48  group of persons, corporation,  unincorporated  business  entity,  labor
    49  organization or business, trade or professional association or organiza-
    50  tion.
    51    2.  Whenever  any  person  makes an independent expenditure that costs
    52  more than one thousand dollars  in  the  aggregate,  such  communication
    53  shall  clearly  state  the name of the person who paid for, or otherwise
    54  published or distributed, the communication and state, with  respect  to
    55  communications  regarding  candidates,  that  the  communication  is not

        A. 11350                            3
 
     1  authorized by any candidate, any candidate's political committee or  any
     2  of its agents.
     3    3.  (a) Any person which makes independent expenditures that cost more
     4  than one thousand dollars in the aggregate shall report such independent
     5  expenditures to the state board of elections on statements  as  provided
     6  for in section 14-108 of this article.
     7    (b)  Any independent expenditure made after the close of the period to
     8  be covered in the last statement filed before any  primary,  general  or
     9  special  election,  but  before  such election, shall be reported within
    10  twenty-four hours in the same manner as provided for in subdivision  two
    11  of section 14-108 of this article.

    12    4. Each such statement shall include:
    13    (a) the name and address of the person making the statement;
    14    (b) the name and address of the person making the independent expendi-
    15  ture;
    16    (c)  the  name  and  address of any person or entity providing a gift,
    17  loan, advance or deposit of one hundred dollars or more  for  the  inde-
    18  pendent  expenditure, or the provision of services for the same, and the
    19  date it was given; provided, however, the name and address of  a  member
    20  of  a  labor  organization  is not required for a gift, loan, advance or
    21  deposit of one hundred dollars or more  to  a  labor  organization;  and
    22  provided  further  that  the name and address of an employee of a corpo-

    23  ration, unincorporated business entity or a member of a business,  trade
    24  or  professional association or organization is not required for a gift,
    25  loan, advance or deposit of one hundred dollars or more to  such  corpo-
    26  ration,  unincorporated  business  entity  or business, trade or profes-
    27  sional association or organization respectively;
    28    (d) the dollar amount paid for each independent expenditure, the  name
    29  and  address of the person or entity receiving the payment, the date the
    30  payment was made and a description of the independent expenditure; and
    31    (e) the election to which the independent expenditure pertains and the
    32  name of the clearly identified candidate or the ballot  proposal  refer-
    33  enced.

    34    5.  A  copy  of all materials that pertain to the independent expendi-
    35  ture, including but not limited to broadcast, cable or satellite  sched-
    36  ule   and   scripts,   advertisements,   pamphlets,  circulars,  flyers,
    37  brochures, letterheads and other printed matter and statements or infor-
    38  mation conveyed to five hundred or more  members  of  a  general  public
    39  audience by computer or other electronic devices shall be filed with the
    40  state  board of elections with the statements required by section 14-108
    41  of this article.
    42    6. Written evidence of the indebtedness related to a loan that is made
    43  for an independent expenditure shall be provided to the state  board  of
    44  elections.

    45    7. Every statement required to be filed pursuant to this section shall
    46  be filed electronically to the state board of elections.
    47    8.  The  state  board  of  elections shall promulgate regulations with
    48  respect to the statements required to be filed by this section and shall
    49  provide forms suitable for such statements.
    50    § 4. Section 14-126 of the election law, as amended by  chapter  8  of
    51  the laws of 1978, subdivision 1 as amended by chapter 128 of the laws of
    52  1994  and  subdivisions  2,  3 and 4 as redesignated by chapter 9 of the
    53  laws of 1978, is amended to read as follows:
    54    § 14-126. Violations; penalties. 1. Any person who  fails  to  file  a
    55  statement  required  to  be  filed by this article shall be subject to a
    56  civil penalty, not in excess of five hundred dollars, to be  recoverable

        A. 11350                            4
 
     1  in a special proceeding or civil action to be brought by the state board
     2  of elections or other board of elections.
     3    2. Any person, political party or committee who falsely identifies any
     4  political  communication  as  prohibited  by  subdivision two of section
     5  14-106 of this article shall be subject to a civil penalty equal to  one
     6  thousand dollars or the cost of the communication, whichever is greater,
     7  in  a  special  proceeding or civil action brought by the state board of
     8  elections pursuant to section 16-120 of this chapter.
     9    3. Any person who falsely identifies or fails to  identify  any  inde-
    10  pendent  expenditure as required by subdivision two of section 14-107 of

    11  this article shall be subject to a civil penalty equal to  one  thousand
    12  dollars  or  the  cost  of the communication, whichever is greater, in a
    13  special proceeding or  civil  action  brought  by  the  state  board  of
    14  elections  pursuant  to section 16-120 of this chapter.  For purposes of
    15  this subdivision, the term  "person"  shall  mean  a  person,  group  of
    16  persons, corporation, unincorporated business entity, labor organization
    17  or business, trade or professional association or organization.
    18    4.  Any  person  who knowingly and willfully fails to file a statement
    19  required to be filed by this article within  ten  days  after  the  date
    20  provided for filing such statement or any person who knowingly and will-
    21  fully  violates any other provision of this article shall be guilty of a

    22  misdemeanor.
    23    [3.] 5. Any person who knowingly and willfully contributes, accepts or
    24  aids or participates in the acceptance of a contribution  in  an  amount
    25  exceeding an applicable maximum specified in this article shall be guil-
    26  ty of a misdemeanor.
    27    [4.] 6. Any person who shall, acting on behalf of a candidate or poli-
    28  tical committee, knowingly and willfully solicit, organize or coordinate
    29  the formation of activities of one or more unauthorized committees, make
    30  expenditures  in connection with the nomination for election or election
    31  of any candidate, or solicit any person to make any  such  expenditures,
    32  for the purpose of evading the contribution limitations of this article,
    33  shall be guilty of a class E felony.
    34    §  5.  The  election  law is amended by adding a new section 16-120 to
    35  read as follows:

    36    § 16-120. Proceedings as to political communications  and  independent
    37  expenditures.  The  supreme  court or a justice thereof, in a proceeding
    38  instituted by the state board of elections, may impose a civil  penalty,
    39  as  provided  in  subdivisions  two  and three of section 14-126 of this
    40  chapter, upon proof that a violation of one or more of such subdivisions
    41  has occurred.
    42    § 6. This act shall take effect immediately.