Bill Text: NY A09930 | 2017-2018 | General Assembly | Introduced

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Bill Title: Establishes the "Democracy Protection Act" relating to disclosure of the identities of political committees making certain expenditures for political communications.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Engrossed - Dead) 2018-02-28 - REFERRED TO ELECTIONS [A09930 Detail]

Download: New_York-2017-A09930-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9930
                   IN ASSEMBLY
                                    February 24, 2018
                                       ___________
        Introduced  by M. of A. ZEBROWSKI, LAVINE, SKOUFIS -- (at request of the
          Governor) -- read once and referred to the Committee on Election Law
        AN ACT establishing the "Democracy Protection Act";  and  to  amend  the
          election law, in relation to the disclosure of the identities of poli-
          tical  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. The statements required to be filed
     5  under the provisions of this article next succeeding a primary,  general
     6  or  special  election  shall  be accompanied by a copy of all broadcast,
     7  cable or satellite schedules and scripts, [internet]  paid  internet  or
     8  digital,  print and other types of advertisements, pamphlets, circulars,
     9  flyers, brochures, letterheads and other  printed  matter  purchased  or
    10  produced,  and  reproductions  of statements or information published to
    11  five hundred or more members of a general public audience by computer or
    12  other electronic device including but not limited to electronic mail  or
    13  text 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.  Such  copies,
    16  schedules and scripts shall be preserved by the officer with whom or the
    17  board  with  which  it  is required to be filed for a period of one year
    18  from the date of filing thereof.
    19    § 2. The election law is amended by adding a new section  14-106-a  to
    20  read as follows:
    21    §  14-106-a. Disclosure of political communications.  1. All political
    22  committees required to file a statement under  the  provisions  of  this
    23  article  that make an expenditure for a political communication shall be
    24  required to disclose the identity of the political committee which  made
    25  the  expenditure  for  such  political  communication. The disclosure on
    26  printed or digital political communications, including but  not  limited
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12051-02-8
        A. 9930                             2
     1  to  brochures,  flyers, posters, mailings, or internet or digital adver-
     2  tising shall be printed or typed in an appropriate legible form to  read
     3  as follows: "Paid for by:" followed by the name of the political commit-
     4  tee  making  the  expenditure.  The disclosure on non-printed or digital
     5  political communications shall clearly and  prominently  display  and/or
     6  speak  the  following  statement: "Paid for by:" followed by the name of
     7  the political committee making the expenditure. In the case of  a  poli-
     8  tical communication that is not visual, such as radio or automated tele-
     9  phone  calls,  clearly  speaking the statement will satisfy the require-
    10  ments of this section.
    11    2. Political communications that  are  promotional  items  of  nominal
    12  value  such  as pens, bumper stickers, buttons, shirts, bags or balloons
    13  shall be exempt from the provisions of subdivision one of this section.
    14    3. A political communication that is considered an internet or digital
    15  advertisement which advertises for or against  a  particular  candidate,
    16  election  or  ballot  measure  which limits the content of such communi-
    17  cation to the name, office and brief message shall not be subject to the
    18  provisions of subdivision one  of  this  section  if  such  internet  or
    19  digital  advertisement  is unable to contain the "paid for by" statement
    20  due to its small size and contains a link to another webpage  where  the
    21  "paid for by" statement is prominently displayed.
    22    §  3. Paragraph (a) of subdivision 1 of section 14-107 of the election
    23  law, as amended by section 1 of part A of chapter 286  of  the  laws  of
    24  2016, is amended to read as follows:
    25    (a)  "Independent  expenditure"  means an expenditure made by an inde-
    26  pendent expenditure committee [conveyed to five hundred or more  members
    27  of  a  general  public  audience]  in  the form of (i) an audio or video
    28  communication via broadcast, cable or satellite, (ii) a written communi-
    29  cation via  advertisements,  pamphlets,  circulars,  flyers,  brochures,
    30  letterheads  or (iii) other published statements, where such expenditure
    31  is conveyed to five hundred or more members of a  general  public  audi-
    32  ence,  or  in  the  form  of  any paid internet or digital advertisement
    33  targeted to fifty or more members of a general public  audience,  which:
    34  (i) irrespective of when such communication is made, contains words such
    35  as  "vote,"  "oppose,"  "support," "elect," "defeat," or "reject," which
    36  call for the election or defeat of  the  clearly  identified  candidate,
    37  (ii)  refers to and advocates for or against a clearly identified candi-
    38  date or ballot proposal on or after January first of  the  year  of  the
    39  election  in  which  such  candidate  is seeking office or such proposal
    40  shall appear on the ballot, or (iii) within sixty days before a  general
    41  or  special  election  for  the office sought by the candidate or thirty
    42  days before a primary election, includes or references a clearly identi-
    43  fied candidate.  An independent expenditure shall not  include  communi-
    44  cations where such candidate, the candidate's political committee or its
    45  agents,  a  party committee or its agents, or a constituted committee or
    46  its agents or a political committee formed to  promote  the  success  or
    47  defeat  of  a  ballot  proposal  or  its agents, did authorize, request,
    48  suggest, foster or cooperate in such communication.
    49    § 4. Subdivision 2 of section 14-107 of the election law,  as  amended
    50  by section 2 of part A of chapter 286 of the laws of 2016, is amended to
    51  read as follows:
    52    2.  Whenever  any  person makes an independent expenditure [that costs
    53  one thousand dollars or  more  in  the  aggregate],  such  communication
    54  shall,  in  a  manner  consistent with section 14-106-a of this article,
    55  clearly state the  name  of  the  person  who  paid  for,  or  otherwise
    56  published  or  distributed  the communication and state, with respect to
        A. 9930                             3
     1  communications regarding candidates,  that  the  communication  was  not
     2  expressly  authorized  or  requested  by any candidate, or by any candi-
     3  date's political committee or any of its agents.
     4    §  5.  The opening paragraph of subdivision 3 of section 14-107 of the
     5  election law, as amended by section 3 of part A of chapter  286  of  the
     6  laws of 2016, is amended to read as follows:
     7    Any  person  prior  to  making any independent expenditure shall first
     8  register with the state board of elections as a political committee  and
     9  as an independent expenditure committee in conformance with this article
    10  provided, however, that no foreign national, government, instrumentality
    11  or  agent  may  register as an independent expenditure committee for the
    12  purpose of  making  independent  expenditures  in  any  state  or  local
    13  election.  Such  person  shall  comply  with  all disclosure obligations
    14  required for political committees by law and shall provide the following
    15  additional information upon registration:
    16    § 6. Subparagraph (ii) of paragraph (a) of subdivision  4  of  section
    17  14-107  of  the election law, as added by section 4 of part A of chapter
    18  286 of the laws of 2016, is amended to read as follows:
    19    (ii) Any independent expenditure committee who has registered with the
    20  state board of elections pursuant to subdivision three of  this  section
    21  shall  disclose  to  the state board of elections electronically, within
    22  twenty-four hours of  receipt,  any  contribution  to  such  independent
    23  expenditure  committee  of  one  thousand dollars or more or expenditure
    24  made by such committee over five thousand  dollars  made  within  thirty
    25  days before any primary, general, or special election.
    26    §  7.  The election law is amended by adding a new section 14-107-b to
    27  read as follows:
    28    § 14-107-b. Independent expenditure verification. 1. Upon the purchase
    29  of an independent expenditure, as defined  in  section  14-107  of  this
    30  article,  each  television or radio broadcast station, provider of cable
    31  or satellite television, or online platform shall require that the inde-
    32  pendent expenditure  committee  making  such  purchase  file  with  such
    33  station,  provider  or platform a copy of the registration form filed by
    34  such committee with the state board of elections pursuant to subdivision
    35  three of section 14-107 of this article.
    36    2. Each online platform shall maintain and make available  online  for
    37  public inspection in a machine readable format, a complete record of any
    38  purchase on such online platform of any independent expenditure which is
    39  made  by  an  independent  expenditure committee.   Such record shall be
    40  retained for a period not less than five years from  the  date  of  such
    41  purchase.
    42    3.  A  record  maintained  under subdivision two of this section shall
    43  contain:
    44    (a) a digital copy of such independent expenditure;
    45    (b) a description of the audience targeted by the  advertisement,  the
    46  number  of views generated from the advertisement, and the date and time
    47  that the advertisement is first displayed and last displayed; and
    48    (c) information regarding:
    49    (i) the rate charged for such advertisement;
    50    (ii) if the advertisement refers to  a  candidate,  the  name  of  the
    51  candidate and the office to which the candidate is seeking election;
    52    (iii) the ballot proposal, if any, to which such advertisement refers;
    53    (iv)  the  name  of  the  person purchasing such advertisement and the
    54  address and phone number of such person; and
        A. 9930                             4
     1    (v) the information provided on the registration form of the independ-
     2  ent expenditure committee making the purchase pursuant to paragraphs (a)
     3  and (b) of subdivision three of section 14-107 of this article.
     4    §  8. Subdivision 3 of section 14-126 of the election law, as added by
     5  section 6 of subpart C of part H of chapter 55 of the laws of  2014,  is
     6  amended and a new subdivision 7 is added to read as follows:
     7    3.  Any  person  who falsely identifies or knowingly fails to identify
     8  any independent expenditure as required by subdivision  two  of  section
     9  14-107  of  this  article,  and  any person who fails to comply with the
    10  provisions of section 14-106-a of this article, shall be  subject  to  a
    11  civil penalty up to one thousand dollars or up to the cost of the commu-
    12  nication,  whichever is greater, in a special proceeding or civil action
    13  brought by the state board of elections chief  enforcement  counsel  [or
    14  imposed  directly by the state board of elections] pursuant to paragraph
    15  (a) of subdivision five of section 3-104 of this chapter.  For  purposes
    16  of  this  subdivision,  the  term "person" shall mean a person, group of
    17  persons, corporation, unincorporated business entity, labor organization
    18  or business, trade or professional association or organization or  poli-
    19  tical committee.
    20    7.  Any  television  or  radio broadcast station, provider of cable or
    21  satellite television, or online platform that fails to comply  with  the
    22  requirements  of  section 14-107-b of this article, as applicable, shall
    23  be subject to a civil penalty  up  to  one  thousand  dollars  for  each
    24  violation  in  a special proceeding or civil action brought by the state
    25  board of elections chief enforcement counsel pursuant to  paragraph  (a)
    26  of subdivision five of section 3-104 of this chapter.
    27    §  9.  This  act  shall take effect immediately and shall apply to all
    28  communications made on or after the sixtieth  day  next  succeeding  the
    29  date on which it shall have become a law.