Bill Text: NY A07095 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires public-facing websites operated by political committees to contain "paid for by" language; adds such public-facing websites to the list of political communications that qualify as independent expenditures.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to election law [A07095 Detail]

Download: New_York-2023-A07095-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7095

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 10, 2023
                                       ___________

        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee on Election Law

        AN  ACT to amend the election law, in relation to public-facing websites
          operated by political committees

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  2  of section 14-106 of the election law, as
     2  added by chapter 454 of the laws of 2019, is amended to read as follows:
     3    2. All political committees that make an expenditure for  a  political
     4  communication  shall  be  required to disclose the identity of the poli-
     5  tical committee which made the expenditure for such  political  communi-
     6  cation.  The  disclosure on printed or digital political communications,
     7  including but not limited to brochures, flyers, posters, mailings, publ-
     8  ic-facing websites, 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. In the case  of
    17  a public-facing website paid for, hosted, and/or operated by a political
    18  committee, the disclosure shall be clearly displayed within each naviga-
    19  ble webpage of such website.
    20    §  2.  Paragraph (a) and subparagraph (v) of paragraph (b) of subdivi-
    21  sion 1 of section 14-107 of the election law, paragraph (a)  as  amended
    22  by  section 4 of part JJJ of chapter 59 of the laws of 2018 and subpara-
    23  graph (v) of paragraph (b) as amended by section 1 of part A of  chapter
    24  286 of the laws of 2016, are amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11089-02-3
        A. 7095                             2

     1    (a)  "Independent  expenditure"  means an expenditure made by an inde-
     2  pendent expenditure committee in the form  of  (i)  an  audio  or  video
     3  communication via broadcast, cable or satellite, (ii) a written communi-
     4  cation  via  advertisements,  pamphlets,  circulars,  flyers, brochures,
     5  letterheads  or (iii) other published statements, where such expenditure
     6  is conveyed to five hundred or more members of a  general  public  audi-
     7  ence,  or  in  the  form  of  any paid internet or digital advertisement
     8  targeted to fifty or more members of a general public  audience,  or  in
     9  the  form  of  a  public-facing website, which: (i) irrespective of when
    10  such communication is made, contains words  such  as  "vote,"  "oppose,"
    11  "support,"  "elect,"  "defeat," or "reject," which call for the election
    12  or defeat of the clearly identified candidate, (ii) refers to and  advo-
    13  cates  for  or against a clearly identified candidate or ballot proposal
    14  on or after January first of the year of  the  election  in  which  such
    15  candidate is seeking office or such proposal shall appear on the ballot,
    16  or  (iii) within sixty days before a general or special election for the
    17  office sought by the candidate or thirty days before a primary election,
    18  includes or references a clearly identified  candidate.  An  independent
    19  expenditure  shall  not include communications where such candidate, the
    20  candidate's political committee or its agents, a party committee or  its
    21  agents,  or a constituted committee or its agents or a political commit-
    22  tee formed to promote the success or defeat of a ballot proposal or  its
    23  agents,  did  authorize,  request,  suggest, foster or cooperate in such
    24  communication.
    25    (v) a communication published on the  Internet,  unless  the  communi-
    26  cation  is  a  paid  advertisement  or a public-facing website paid for,
    27  hosted, and/or operated by a political committee.
    28    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    29  have become a law.