Bill Text: NY A08816 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to disclosure of the identities of political committees, persons, organizations or agents making certain expenditures for political communications; broadens the definition of "political communications".

Sponsorship: Partisan Bill (Democrat 5)

Status: (Introduced - Dead) 2018-01-03 - referred to election law [A08816 Detail]

Download: New_York-2017-A08816-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8816
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    November 29, 2017
                                       ___________
        Introduced  by M. of A. SKOUFIS -- read once and referred to the Commit-
          tee on Election Law
        AN ACT to amend the election law, in relation to disclosure of the iden-
          tities of political  committees,  persons,  organizations,  or  agents
          making certain expenditures for political communications
          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    §  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, digital, print
     8  and   other  types  of  advertisements,  pamphlets,  circulars,  flyers,
     9  brochures, letterheads and other printed matter purchased  or  produced,
    10  and reproductions of statements or information published to five hundred
    11  or  more members of a general public audience by computer or other elec-
    12  tronic device including but not  limited  to  electronic  mail  or  text
    13  message,  purchased  in  connection  with  such election by or under the
    14  authority of the person filing the statement or  the  committee  or  the
    15  person on whose behalf it is filed, as the case may be. Political commu-
    16  nications  shall also include all other published statements conveyed to
    17  five hundred or more members of a general  public  audience  which:  (i)
    18  irrespective  of  when  such  statement  is made, contains words such as
    19  "vote", "oppose", "support", "elect", "defeat", or "reject", which  call
    20  for  the election or defeat of the clearly identified candidate; or (ii)
    21  refers to and advocates for or against a clearly identified candidate or
    22  ballot proposal on or after January first of the year of the election in
    23  which such candidate is seeking office or such proposal shall appear  on
    24  the ballot. Such copies, schedules and scripts shall be preserved by the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13535-05-7
        A. 8816                             2
     1  officer with whom or the board with which it is required to be filed for
     2  a period of one year from the date of filing thereof.
     3    2.  All  political  communication expenditures shall be required to be
     4  disclosed, including, but not limited to, the identity of the  political
     5  committee,  person, organization or agent which made the expenditure for
     6  such political communication. The disclosure on printed or digital poli-
     7  tical communications, including but not limited  to  brochures,  flyers,
     8  posters,  mailings, 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.
    17    3. Political communications  that  are  considered  promotional  items
    18  which  support a particular candidate, election, ballot measure or issue
    19  and limit the content of communication to the  name,  office  and  brief
    20  message  of  support, shall be exempt from the provisions of subdivision
    21  two of this section. Promotional items shall be items that are of  nomi-
    22  nal  value  and  are  distributed  to the general public in an effort to
    23  promote a  particular  candidate,  election,  ballot  measure  or  issue
    24  including but not limited to pens, bumper stickers, yard signs, buttons,
    25  shirts, bags or balloons.
    26    §  2.  Subdivision 2 of section 14-107 of the election law, as amended
    27  by section 2 of part A of chapter 286 of the laws of 2016, is amended to
    28  read as follows:
    29    2. Whenever any person makes an independent expenditure that costs one
    30  thousand dollars or more in the aggregate, such communication shall,  in
    31  a  manner  consistent with section 14-106 of this article, clearly state
    32  the name of the person who paid for, or otherwise published or  distrib-
    33  uted the communication and state, with respect to communications regard-
    34  ing  candidates,  that the communication was not expressly authorized or
    35  requested by any candidate, or by any candidate's political committee or
    36  any of its agents.
    37    § 3. Subdivision 3 of section 14-126 of the election law, as added  by
    38  section  6  of subpart C of part H of chapter 55 of the laws of 2014, is
    39  amended to read as follows:
    40    3. Any person who falsely identifies or knowingly  fails  to  identify
    41  any  independent  expenditure  as required by subdivision two of section
    42  14-107 of this article or any political committee as required in section
    43  14-106 of this article shall be subject to a civil  penalty  up  to  one
    44  thousand  dollars  or  up to the cost of the communication, whichever is
    45  greater, in a special proceeding or civil action [brought by  the  state
    46  board  of elections chief enforcement counsel or imposed directly by the
    47  state board of elections]. For purposes of this  subdivision,  the  term
    48  "person"  shall mean a person, group of persons, corporation, unincorpo-
    49  rated business entity, labor organization or business, trade or  profes-
    50  sional association or organization or political committee.
    51    § 4. The state board of elections shall promulgate all rules and regu-
    52  lations  necessary  to implement the provisions of this act on or before
    53  its effective date.
    54    § 5. This act shall take effect on the first of January next  succeed-
    55  ing the date upon which it shall have become a law.