Bill Text: NY A08187 | 2013-2014 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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--A 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 -- Multi-Spon- sored 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 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. FOR THE PURPOSES OF 10 THIS SECTION: 11 A. "POLITICAL COMMUNICATION" MEANS ANY PRINT, RADIO, TELEVISED OR 12 INTERNET ADVERTISING, BROCHURE, FLYER, POSTER, MAILING, ELECTRONIC 13 COMMUNICATION, INCLUDING BY COMPUTER OR OTHER ELECTRONIC DEVICE INCLUD- 14 ING, BUT NOT LIMITED TO, ELECTRONIC MAIL OR TEXT MESSAGE, OR OTHER 15 COMMUNICATION THAT EXPRESSLY ADVOCATES FOR OR AGAINST A CANDIDATE OR 16 ADVOCATES FOR OR AGAINST A BALLOT MEASURE OR ISSUE. 17 B. "EXPRESS ADVOCACY" MEANS A COMMUNICATION: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11774-06-4 A. 8187--A 2 1 (1) THAT CONTAINS EXPRESS WORDS SUCH AS VOTE, OPPOSE, SUPPORT, ELECT, 2 DEFEAT, OR REJECT, WHICH CALL FOR THE ELECTION OR DEFEAT OF A CANDIDATE, 3 OR 4 (2) WHEN TAKEN AS A WHOLE WITH LIMITED REFERENCE OR EXTERNAL EVENTS, 5 SUCH AS THE PROXIMITY TO THE ELECTION, COULD ONLY BE INTERPRETED BY A 6 REASONABLE PERSON AS CONTAINING ADVOCACY OF THE ELECTION OR DEFEAT OF 7 ONE OR MORE CLEARLY IDENTIFIED CANDIDATES BECAUSE: 8 (A) THE ELECTORAL PORTION OF THE COMMUNICATION IS UNMISTAKABLE, UNAM- 9 BIGUOUS, AND SUGGESTIVE OF ONLY ONE MEANING; AND 10 (B) REASONABLE MINDS COULD NOT DIFFER AS TO WHETHER IT ENCOURAGES 11 ACTIONS TO ELECT OR DEFEAT ONE OR MORE CLEARLY IDENTIFIED CANDIDATES OR 12 ENCOURAGES SOME OTHER KIND OF ACTION. 13 C. "CLEARLY IDENTIFIED CANDIDATE" MEANS THAT: 14 (1) THE NAME OF THE CANDIDATE INVOLVED APPEARS; 15 (2) A PHOTOGRAPH OR DRAWING OF THE CANDIDATE APPEARS; OR 16 (3) THE IDENTITY OF THE CANDIDATE IS APPARENT BY UNAMBIGUOUS REFER- 17 ENCE. 18 2. ANY CANDIDATE OR POLITICAL COMMITTEE THAT MAKES AN EXPENDITURE FOR 19 A POLITICAL COMMUNICATION, WHICH EXPRESSLY ADVOCATES FOR OR AGAINST A 20 CLEARLY IDENTIFIED CANDIDATE OR ADVOCATES FOR OR AGAINST A BALLOT MEAS- 21 URE, OR ISSUE, SHALL BE REQUIRED TO DISCLOSE THE IDENTITY OF THE CANDI- 22 DATE OR POLITICAL COMMITTEE WHICH MADE THE EXPENDITURE ON SUCH POLITICAL 23 COMMUNICATION. THE DISCLOSURE ON PRINTED POLITICAL COMMUNICATIONS, 24 INCLUDING BUT NOT LIMITED TO BROCHURES, FLYERS, POSTERS, MAILINGS, 25 INTERNET ADVERTISEMENTS, SHALL BE PRINTED OR TYPED IN AN APPROPRIATE 26 LEGIBLE FORM TO READ AS FOLLOWS: "PAID FOR BY:" FOLLOWED BY THE NAME OF 27 THE POLITICAL COMMITTEE MAKING THE EXPENDITURE. 28 3. THE DISCLOSURE ON NON-PRINTED POLITICAL COMMUNICATIONS SHALL CLEAR- 29 LY AND PROMINENTLY DISPLAY OR SPEAK THE FOLLOWING STATEMENT: "PAID FOR 30 BY:" FOLLOWED BY THE NAME OF THE POLITICAL COMMITTEE MAKING THE EXPEND- 31 ITURE. IN THE CASE OF A POLITICAL COMMUNICATION THAT IS NOT VISUAL, 32 SUCH AS RADIO OR AUTOMATED TELEPHONE CALLS, CLEARLY SPEAKING THE STATE- 33 MENT WILL SATISFY THE REQUIREMENTS OF THIS SECTION. 34 4. PROMOTIONAL ITEMS THAT SUPPORT A PARTICULAR CANDIDATE, ELECTION, 35 BALLOT MEASURE OR ISSUE AND LIMIT THE CONTENT OF COMMUNICATION TO THE 36 NAME, OFFICE AND BRIEF MESSAGE OF SUPPORT, SHALL BE EXEMPT FROM THE 37 PROVISIONS OF THIS SECTION. PROMOTIONAL ITEMS SHALL BE ITEMS THAT ARE OF 38 NOMINAL VALUE AND ARE DISTRIBUTED TO SUPPORTERS IN AN EFFORT TO PROMOTE 39 A PARTICULAR CANDIDATE, ELECTION, BALLOT MEASURE OR ISSUE. PROMOTIONAL 40 ITEMS INCLUDE BUT ARE NOT LIMITED TO PENS, BUMPER STICKERS, YARD SIGNS, 41 BUTTONS, SHIRTS, BAGS OR BALLOONS. 42 5. ANY PERSON WHO FAILS TO MAKE A DISCLOSURE AS REQUIRED BY THE 43 PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY, NOT IN 44 EXCESS OF ONE THOUSAND DOLLARS FOR EACH VIOLATION, TO BE RECOVERABLE IN 45 A SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT BY THE STATE BOARD OF 46 ELECTIONS OR OTHER BOARD OF ELECTIONS. 47 6. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION THREE TIMES 48 UPON THE OCCURRENCE OF THE THIRD VIOLATION SHALL BE GUILTY OF A MISDE- 49 MEANOR. 50 S 3. This act shall take effect immediately.