Bill Text: NY A08187 | 2013-2014 | General Assembly | Amended
Bill Title: Requires the disclosure of the identity of certain entities making expenditures for political communications and provides penalties for failure to do so.
Spectrum: Strong Partisan Bill (Democrat 36-2)
Status: (Engrossed - Dead) 2014-06-11 - REFERRED TO ELECTIONS [A08187 Detail]
Download: New_York-2013-A08187-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8187--C
2013-2014 Regular Sessions
I N A S S E M B L Y
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 S 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 S 2. Subdivision 2 of section 14-107 of the election law is REPEALED.
40 S 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 S 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 S 5. This act shall take effect January 1, 2015.
