Bill Text: NY A08187 | 2013-2014 | General Assembly | Introduced

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

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8187
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    October 4, 2013
                                      ___________
       Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
         Committee on Election Law
       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
         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  a
    2  new subdivision 12 to read as follows:
    3    12.  "POLITICAL  COMMUNICATION"  MEANS  ANY PRINT, RADIO, TELEVISED OR
    4  INTERNET ADVERTISING, BROCHURE, FLYER, POSTER, MAILING OR OTHER COMMUNI-
    5  CATION THAT ADVOCATES FOR OR AGAINST A CANDIDATE, ELECTION, BALLOT MEAS-
    6  URE OR ISSUE.
    7    S 2. The election law is amended by adding a  new  section  14-132  to
    8  read as follows:
    9    S  14-132.  POLITICAL  COMMUNICATION DISCLOSURE. 1.   ANY CANDIDATE OR
   10  POLITICAL COMMITTEE THAT MAKES AN EXPENDITURE FOR A  POLITICAL  COMMUNI-
   11  CATION,  WHICH  ADVOCATES  FOR  OR  AGAINST A CANDIDATE, BALLOT MEASURE,
   12  ELECTION OUTCOME OR ISSUE, SHALL BE REQUIRED TO HAVE THE IDENTITY OF THE
   13  CANDIDATE OR POLITICAL COMMITTEE DISCLOSED ON  SUCH  POLITICAL  COMMUNI-
   14  CATION.  THE  DISCLOSURE  ON PRINTED POLITICAL COMMUNICATIONS, INCLUDING
   15  BUT NOT LIMITED TO BROCHURES, FLYERS, POSTERS, MAILINGS, INTERNET ADVER-
   16  TISEMENTS, SHALL BE PRINTED OR TYPED IN AN APPROPRIATE AND LEGIBLE  FORM
   17  TO READ AS FOLLOWS: "PAID FOR BY: [REGISTERED NAME OF CANDIDATE OR POLI-
   18  TICAL COMMITTEE THAT MADE EXPENDITURE]".
   19    2. THE DISCLOSURE ON NON-PRINTED POLITICAL COMMUNICATIONS SHALL CLEAR-
   20  LY  AND PROMINENTLY DISPLAY AND SPEAK THE FOLLOWING STATEMENT: "PAID FOR
   21  BY: [REGISTERED NAME OF  CANDIDATE  OR  POLITICAL  COMMITTEE  THAT  MADE
   22  EXPENDITURE]".  IN  THE  CASE  OF  A POLITICAL COMMUNICATION THAT IS NOT
   23  VISUAL, SUCH AS RADIO OR AUTOMATED TELEPHONE CALLS, CLEARLY SPEAKING THE
   24  STATEMENT WILL SATISFY THE REQUIREMENTS OF THIS SECTION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11774-03-3
       A. 8187                             2
    1    3. PROMOTIONAL ITEMS THAT SUPPORT A  PARTICULAR  CANDIDATE,  ELECTION,
    2  BALLOT  MEASURE  OR  ISSUE AND LIMIT THE CONTENT OF COMMUNICATION TO THE
    3  NAME, OFFICE AND BRIEF MESSAGE OF SUPPORT,  SHALL  BE  EXEMPT  FROM  THE
    4  PROVISIONS  OF  THIS SECTION.  PROMOTIONAL ITEMS SHALL BE ITEMS THAT ARE
    5  OF  NOMINAL  VALUE  AND  ARE  DISTRIBUTED  TO SUPPORTERS IN AN EFFORT TO
    6  PROMOTE A PARTICULAR  CANDIDATE,  ELECTION,  BALLOT  MEASURE  OR  ISSUE.
    7  PROMOTIONAL  ITEMS INCLUDE BUT ARE NOT LIMITED TO PENS, BUMPER STICKERS,
    8  YARD SIGNS, BUTTONS, SHIRTS, BAGS OR BALLOONS.
    9    4. A. ANY PERSON WHO FAILS TO MAKE A DISCLOSURE  AS  REQUIRED  BY  THE
   10  PROVISIONS  OF  THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY, NOT IN
   11  EXCESS OF TEN THOUSAND DOLLARS FOR EACH VIOLATION, TO BE RECOVERABLE  IN
   12  A SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT BY THE STATE BOARD OF
   13  ELECTIONS OR OTHER BOARD OF ELECTIONS.
   14    B.  ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION THREE TIMES
   15  UPON THE OCCURRENCE OF THE THIRD VIOLATION SHALL BE GUILTY OF  A  MISDE-
   16  MEANOR.
   17    S 3. This act shall take effect immediately.