Bill Text: NY A04356 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to identifying the sources of campaign telephone canvasses or "push polls".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-25 - print number 4356a [A04356 Detail]

Download: New_York-2011-A04356-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4356--A
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 3, 2011
                                      ___________
       Introduced  by M. of A. LATIMER -- read once and referred to the Commit-
         tee 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 commit-
         tee
       AN ACT to amend the election law, in relation to identifying the sources
         of campaign telephone canvasses or "push polls"
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  1  of  section 3-106 of the election law, as
    2  amended by chapter 8 of the laws of 1978 and as redesignated by  chapter
    3  9 of the laws of 1978, is amended to read as follows:
    4    1.  (A)  In  addition to the powers and duties elsewhere enumerated in
    5  this article, the state board of elections, after public hearings, shall
    6  adopt a "fair campaign code" [setting] WHICH  SHALL  SET  forth  ethical
    7  standards  of  conduct  for  persons,  political  parties and committees
    8  engaged in election campaigns including, but not  limited  to,  specific
    9  prohibitions  against  practices  of political espionage and other poli-
   10  tical practices [involving] WHICH INVOLVE subversion  of  the  political
   11  parties  and process, SUCH AS, BUT NOT LIMITED TO, THE MISREPRESENTATION
   12  OF THE CRIMINAL RECORD OR BACKGROUND, MORAL TURPITUDE, CHARACTER, VOTING
   13  RECORD OR OTHER SPECIFIC ACTS OR OMISSIONS OF A CANDIDATE, TO  A  POTEN-
   14  TIAL  VOTER,  BY  MEANS  OF PERSONAL CONTACT OR TELEPHONE CANVASS FROM A
   15  LIST OF NAMES OF POTENTIAL VOTERS  NOT  DERIVED  FROM  A  SCIENTIFICALLY
   16  MEASURABLE AND RANDOM SAMPLING TECHNIQUE AND WHICH CONTACT OR CANVASS IS
   17  DESIGNED  TO  PERSUADE  VOTERS  RATHER THAN TO GATHER A RANDOM SAMPLE OF
   18  OPINION, AS A FOUNDATION FOR ASKING A POTENTIAL VOTER  IN  ONE  OR  MORE
   19  CANVASS  QUESTIONS  OR CANVASS SAMPLINGS WHICH ARE SPECIFICALLY DIRECTED
   20  AT PERSUADING A VOTER RATHER THAN AT GATHERING A RANDOM SAMPLE OF  OPIN-
   21  ION,  AND  CONDUCTED IN PERSON OR BY TELEPHONE HIS OR HER OPINION OR HOW
   22  HE OR SHE WILL VOTE, AND SPECIFIC  REQUIREMENTS  TO  DISCLOSE  THE  TRUE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04056-04-2
       A. 4356--A                          2
    1  IDENTITY  OF THE CALLER AND  BY WHOM THE CANVASS WAS COMMISSIONED AND BY
    2  WHOM IT IS CONDUCTED, SPONSORED AND PAID, AND IF PAID FOR  OR  SPONSORED
    3  BY  ONE OR MORE CANDIDATES OR BY A POLITICAL COMMITTEE SUPPORTING ONE OR
    4  MORE  CANDIDATES,  REQUIRING  THAT  FACT  AND  THEIR  IDENTITIES  TO  BE
    5  DISCLOSED TO THE POTENTIAL VOTER.
    6    (B) NO CANDIDATE,  POLITICAL  PARTY  OR  COMMITTEE  SHALL  ATTEMPT  TO
    7  PROMOTE THE SUCCESS OR DEFEAT OF A CANDIDATE BY, DIRECTLY OR INDIRECTLY,
    8  DISCLOSING  OR  CAUSING  TO  BE DISCLOSED, THE RESULTS OF ANY CANVASS OR
    9  POLL RELATING TO A CANDIDATE FOR SUCH OFFICE OR POSITION, UNLESS  WITHIN
   10  FORTY-EIGHT  HOURS  AFTER  SUCH  DISCLOSURE,  THEY PROVIDE THE FOLLOWING
   11  INFORMATION CONCERNING THE CANVASS OR POLL TO THE BOARD OR OFFICER  WITH
   12  WHOM STATEMENTS OR COPIES OF STATEMENTS OF CAMPAIGN RECEIPTS AND EXPEND-
   13  ITURES ARE REQUIRED TO BE FILED BY THE CANDIDATE TO WHOM SUCH CANVASS OR
   14  POLL RELATES:
   15    (I)  THE NAME OF THE PERSON, PARTY OR ORGANIZATION THAT CONTRACTED FOR
   16  OR WHOM COMMISSIONED THE CANVASS OR POLL AND/OR PAID FOR IT.
   17    (II) THE NAME AND ADDRESS  OF  THE  ORGANIZATION  THAT  CONDUCTED  THE
   18  CANVASS OR POLL.
   19    (III)  THE  NUMERICAL  SIZE  OF  THE TOTAL CANVASS OR POLL SAMPLE, THE
   20  GEOGRAPHIC AREA COVERED BY THE CANVASS OR POLL AND ANY  SPECIAL  CHARAC-
   21  TERISTICS OF THE POPULATION INCLUDED IN THE CANVASS OR POLL SAMPLE.
   22    (IV)  THE  EXACT WORDING OF THE QUESTIONS ASKED IN THE CANVASS OR POLL
   23  AND THE SEQUENCE OF SUCH QUESTIONS.
   24    (V) THE METHOD OF CANVASSING OR POLLING WHETHER BY PERSONAL INTERVIEW,
   25  TELEPHONE, MAIL OR OTHER.
   26    (VI) THE TIME PERIOD DURING WHICH THE CANVASS OR POLL WAS CONDUCTED.
   27    (VII) THE NUMBER OF PERSONS IN THE CANVASS OR POLL SAMPLE; THE  NUMBER
   28  CONTACTED  WHO  RESPONDED TO EACH SPECIFIC CANVASS OR POLL QUESTION; THE
   29  NUMBER OF PERSONS CONTACTED WHO DID NOT SO RESPOND.
   30    (VIII) THE RESULTS OF THE CANVASS OR POLL.
   31    S 2. Section 14-106 of the election law, as amended by  section  2  of
   32  part  E  of  chapter  399  of  the  laws  of 2011, is amended to read as
   33  follows:
   34    S 14-106. Political communication. The statements required to be filed
   35  under the provisions of this article next succeeding a primary,  general
   36  or  special  election  shall  be accompanied by a copy of all broadcast,
   37  cable or satellite schedules and  scripts,  internet,  print  and  other
   38  types   of  advertisements,  pamphlets,  circulars,  flyers,  brochures,
   39  letterheads, CANVASSING DESIGNED OR SPECIFICALLY  DIRECTED  TO  PERSUADE
   40  POTENTIAL  VOTERS  AND  CONDUCTED  EITHER  IN PERSON OR BY TELEPHONE, AS
   41  DESCRIBED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 3-106  OF  THIS
   42  CHAPTER,  and  other  printed matter purchased or produced, purchased in
   43  connection with such election by or under the authority  of  the  person
   44  filing  the  statement or the committee or the person on whose behalf it
   45  is filed, as the case may be. Such copies, schedules and  scripts  shall
   46  be  preserved  by  the  officer  with whom or the board with which it is
   47  required to be filed for a period of one year from the  date  of  filing
   48  thereof.
   49    S  3.  The  election  law is amended by adding a new section 17-153 to
   50  read as follows:
   51    S 17-153. UNLAWFUL CANVASSING.  IT SHALL BE UNLAWFUL  FOR  ANY  CANDI-
   52  DATE,  POLITICAL  COMMITTEE OR CONSTITUTED COMMITTEE, OR FOR AN AGENT OR
   53  EMPLOYEE OF, OR CONTRACTOR OR FIRM HIRED BY, ANY OF  THE  FOREGOING,  OR
   54  FOR ANY OTHER COMMITTEE, ASSOCIATION, PARTNERSHIP, CORPORATION, CAMPAIGN
   55  WORKER OR VOLUNTEER OR OTHER PERSON, TO INITIATE, COMMISSION, SPONSOR OR
   56  PARTICIPATE IN A CANVASS CONDUCTED EITHER IN PERSON OR BY TELEPHONE FROM
       A. 4356--A                          3
    1  A  LIST  OF  NAMES OF POTENTIAL VOTERS NOT DERIVED FROM A SCIENTIFICALLY
    2  MEASURABLE AND RANDOM SAMPLING TECHNIQUE AND WHICH CONTACT OR CANVASS IS
    3  DESIGNED TO PERSUADE VOTERS RATHER THAN TO GATHER  A  RANDOM  SAMPLE  OF
    4  OPINION,  OF  POTENTIAL  VOTERS  RESPECTING  ONE OR MORE OF SUCH VOTER'S
    5  PREFERENCES AMONG CANDIDATES OR FOR WHOM SUCH VOTER WILL VOTE, OR SOLIC-
    6  ITING SUCH VOTER'S OPINION ON A CAMPAIGN ISSUE, PRECEDED BY ONE OR  MORE
    7  MISREPRESENTATIONS FROM THE KINDS DESCRIBED IN PARAGRAPH (A) OF SUBDIVI-
    8  SION ONE OF SECTION 3-106 OF THIS CHAPTER, IN ANY INSTANCE IN CONNECTION
    9  WITH  A SUBSEQUENT PRIMARY, GENERAL, SPECIAL OR SCHOOL BOARD ELECTION TO
   10  BE HELD WITHIN THIS STATE UNLESS AT THE BEGINNING OF  THE  EXECUTION  OF
   11  THE CANVASS, THE PERSON IN DIRECT CONTACT WITH THE POTENTIAL VOTER IDEN-
   12  TIFIES TO THE POTENTIAL VOTER THE TRUE NAME OF THE SPONSOR OR SOURCE, OF
   13  THE  CANVASS, INCLUDING THE TRUE NAME, IF ANY, OF THE SPECIFIC CANDIDATE
   14  OR COMMITTEE SUPPORTING A CANDIDATE ON BEHALF  OF  WHOM  THE  PERSON  IN
   15  DIRECT  CONTACT  WITH  THE  POTENTIAL  VOTER WILL BE ASKING QUESTIONS OR
   16  IMPARTING INFORMATION; AND, IF THE NAME OF THE COMMITTEE OR OTHER ENTITY
   17  OR PERSON WHICH HAS OR WHO HAS  INITIATED,  COMMISSIONED,  SPONSORED  OR
   18  PARTICIPATED  IN  THE TELEPHONE OR IN-PERSON CANVASS OF POTENTIAL VOTERS
   19  DOES NOT INCLUDE THE NAME OF THE CANDIDATE AFFILIATED WITH OR  SUPPORTED
   20  BY  SUCH  COMMITTEE,  OTHER  ENTITY OR PERSON, THEN THE CANDIDATE'S NAME
   21  MUST BE DISCLOSED AT THE BEGINNING OF THE EXECUTION OF SUCH CANVASS,  IN
   22  ADDITION TO THE NAME OF SUCH COMMITTEE, OTHER ENTITY OR PERSON.
   23    ANY  CANDIDATE, POLITICAL COMMITTEE OR CONSTITUTED COMMITTEE, OR AGENT
   24  OR EMPLOYEE OF, OR CONTRACTOR OR FIRM HIRED BY, ANY OF THE FOREGOING, OR
   25  ANY OTHER COMMITTEE,  ASSOCIATION,  PARTNERSHIP,  CORPORATION,  CAMPAIGN
   26  WORKER OR VOLUNTEER OR OTHER PERSON, WHO OR WHICH KNOWINGLY VIOLATES ANY
   27  OF THE FOREGOING PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A CLASS A
   28  MISDEMEANOR,  WHICH  SHALL  BE  PUNISHABLE  AS PROVIDED IN THE PENAL LAW
   29  NOTWITHSTANDING THE PROVISIONS OF SECTION 17-166 OF THIS ARTICLE.
   30    S 4. This act shall take effect on the first of December next succeed-
   31  ing the date on which it shall have become  a  law,  provided,  however,
   32  that  effective  immediately,  the addition, amendment and repeal of any
   33  rules and regulations necessary for the implementation of  this  act  on
   34  its  effective date are authorized and directed to be made and completed
   35  on or before such effective date.