Relates to disclosure of the identities of political committees, persons, organizations or agents making certain expenditures for political communications; broadens the definition of "political communications".
STATE OF NEW YORK
________________________________________________________________________
6896--A
2017-2018 Regular Sessions
IN SENATE
October 2, 2017
___________
Introduced by Sens. KAMINSKY, COMRIE -- read twice and ordered printed,
and when printed to be committed to the Committee on Rules -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the election law, in relation to disclosure of the iden-
tities of political committees, persons, organizations, or agents
making certain expenditures for political 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, digital, print
8 and other types of advertisements, pamphlets, circulars, flyers,
9 brochures, letterheads and other printed matter purchased or produced,
10 and reproductions of statements or information published to five hundred
11 or more members of a general public audience by computer or other elec-
12 tronic device including but not limited to electronic mail or text
13 message, purchased in connection with such election by or under the
14 authority of the person filing the statement or the committee or the
15 person on whose behalf it is filed, as the case may be. Political commu-
16 nications shall also include all other published statements conveyed to
17 five hundred or more members of a general public audience which: (i)
18 irrespective of when such statement is made, contains words such as
19 "vote", "oppose", "support", "elect", "defeat", or "reject", which call
20 for the election or defeat of the clearly identified candidate; or (ii)
21 refers to and advocates for or against a clearly identified candidate or
22 ballot proposal on or after January first of the year of the election in
23 which such candidate is seeking office or such proposal shall appear on
24 the ballot. Such copies, schedules and scripts shall be preserved by the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13535-04-7
S. 6896--A 2
1 officer with whom or the board with which it is required to be filed for
2 a period of one year from the date of filing thereof.
3 2. All political communication expenditures shall be required to be
4 disclosed, including, but not limited to, the identity of the political
5 committee, person, organization or agent which made the expenditure for
6 such political communication. The disclosure on printed or digital poli-
7 tical communications, including but not limited to brochures, flyers,
8 posters, mailings, or internet advertising shall be printed or typed in
9 an appropriate legible form to read as follows: "Paid for by:" followed
10 by the name of the political committee making the expenditure. The
11 disclosure on non-printed or digital political communications shall
12 clearly and prominently display and/or speak the following statement:
13 "Paid for by:" followed by the name of the political committee making
14 the expenditure. In the case of a political communication that is not
15 visual, such as radio or automated telephone calls, clearly speaking the
16 statement will satisfy the 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 § 2. Subdivision 2 of section 14-107 of the election law, as amended
27 by section 2 of part A of chapter 286 of the laws of 2016, is amended to
28 read as follows:
29 2. Whenever any person makes an independent expenditure that costs one
30 thousand dollars or more in the aggregate, such communication shall, in
31 a manner consistent with section 14-106 of this article, clearly state
32 the name of the person who paid for, or otherwise published or distrib-
33 uted the communication and state, with respect to communications regard-
34 ing candidates, that the communication was not expressly authorized or
35 requested by any candidate, or by any candidate's political committee or
36 any of its agents.
37 § 3. Subdivision 3 of section 14-126 of the election law, as added by
38 section 6 of subpart C of part H of chapter 55 of the laws of 2014, is
39 amended to read as follows:
40 3. Any person who falsely identifies or knowingly fails to identify
41 any independent expenditure as required by subdivision two of section
42 14-107 of this article or any political committee as required in section
43 14-106 of this article shall be subject to a civil penalty up to one
44 thousand dollars or up to the cost of the communication, whichever is
45 greater, in a special proceeding or civil action [brought by the state
46 board of elections chief enforcement counsel or imposed directly by the
47 state board of elections]. For purposes of this subdivision, the term
48 "person" shall mean a person, group of persons, corporation, unincorpo-
49 rated business entity, labor organization or business, trade or profes-
50 sional association or organization or political committee.
51 § 4. The state board of elections shall promulgate all rules and regu-
52 lations necessary to implement the provisions of this act on or before
53 its effective date.
54 § 5. This act shall take effect on the first of January next succeed-
55 ing the date upon which it shall have become a law.
