Bill Text: NY A11588 | 2009-2010 | General Assembly | Introduced
Bill Title: Establishes state board of elections enforcement counsel and state board of elections enforcement unit; campaign finances.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2010-07-01 - ordered to third reading rules cal.566 [A11588 Detail]
Download: New_York-2009-A11588-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 8405 A. 11588 S E N A T E - A S S E M B L Y June 28, 2010 ___________ IN SENATE -- Introduced by Sen. SAMPSON -- read twice and ordered print- ed, and when printed to be committed to the Committee on Rules IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M. of A. Silver) -- read once and referred to the Committee on Election Law AN ACT to amend the election law, in relation to a state board of elections enforcement unit and counsel, personal use of campaign funds, filing requirements, political communication, independent expenditure reporting, enforcement proceeding and penalties for violations; and to repeal certain provisions of such law relating to filing of statements THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. This act shall be known and may be cited as "The Campaign 2 Finance Enforcement Act of 2010." 3 S 1-a. Subdivision 3 of section 3-100 of the election law, as amended 4 by chapter 220 of the laws of 2005, is amended to read as follows: 5 3. The commissioners of the state board of elections shall have no 6 other public employment. The commissioners shall receive an annual sala- 7 ry of twenty-five thousand dollars, within the amounts made available 8 therefor by appropriation. The board shall, for the purposes of sections 9 seventy-three and seventy-four of the public officers law, be a "state 10 agency", and such commissioners shall be "officers" of the state board 11 of elections for the purposes of such sections. Within the amounts made 12 available by appropriation therefor, the state board of elections shall 13 appoint two co-executive directors, [counsel] AN ENFORCEMENT COUNSEL, A 14 DEPUTY ENFORCEMENT COUNSEL, WHO SHALL BE A MEMBER OF A DIFFERENT MAJOR 15 POLITICAL PARTY THAN THE ENFORCEMENT COUNSEL, A SPECIAL COUNSEL, A DEPU- 16 TY SPECIAL COUNSEL, WHO SHALL BE A MEMBER OF A DIFFERENT MAJOR POLITICAL 17 PARTY THAN THE SPECIAL COUNSEL, A DIRECTOR OF ELECTION OPERATIONS, A 18 DEPUTY DIRECTOR OF ELECTION OPERATIONS, WHO SHALL BE A MEMBER OF A 19 DIFFERENT MAJOR POLITICAL PARTY THAN THE DIRECTOR OF ELECTION OPER- 20 ATIONS, A DIRECTOR OF PUBLIC INFORMATION, A DEPUTY DIRECTOR OF PUBLIC 21 INFORMATION, WHO SHALL BE A MEMBER OF A DIFFERENT MAJOR POLITICAL PARTY 22 THAN THE DIRECTOR OF PUBLIC INFORMATION and such other staff members as 23 are necessary in the exercise of its functions, and may fix their 24 compensation. [Anytime after the effective date of the chapter of the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD17926-02-0 S. 8405 2 A. 11588 1 laws of two thousand five which amended this subdivision, the] THE 2 commissioners or, in the case of a vacancy on the board, the commission- 3 er of each of the major political parties shall appoint one co-executive 4 director. Each co-executive director shall serve a term of four years. 5 THE ENFORCEMENT COUNSEL AND THE SPECIAL COUNSEL SHALL EACH SERVE A TERM 6 OF FOUR YEARS AND MAY ONLY BE REMOVED FOR CAUSE. ANY TIME AFTER THE 7 EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TEN AMENDING 8 THIS SUBDIVISION, THE COMMISSIONERS, OR IN THE CASE OF A VACANCY ON THE 9 BOARD, THE COMMISSIONER, OF EACH OF THE SAME MAJOR POLITICAL PARTY AS 10 THE INCUMBENT ENFORCEMENT COUNSEL, DEPUTY ENFORCEMENT COUNSEL, SPECIAL 11 COUNSEL, DEPUTY SPECIAL COUNSEL, DIRECTOR OF ELECTION OPERATIONS, DEPUTY 12 DIRECTOR OF ELECTION OPERATIONS, DIRECTOR OF PUBLIC INFORMATION AND 13 DEPUTY DIRECTOR OF PUBLIC INFORMATION, SHALL APPOINT SUCH COUNSELS, 14 DIRECTORS AND DEPUTIES. Any vacancy in the office of co-executive direc- 15 tor, ENFORCEMENT COUNSEL, DEPUTY ENFORCEMENT COUNSEL, SPECIAL COUNSEL, 16 DEPUTY SPECIAL COUNSEL, DIRECTOR OF ELECTION OPERATIONS, DEPUTY DIRECTOR 17 OF ELECTION OPERATIONS, DIRECTOR OF PUBLIC INFORMATION AND DEPUTY DIREC- 18 TOR OF PUBLIC INFORMATION, shall be filled by the commissioners or, in 19 the case of a vacancy on the board, the commissioner of the same major 20 political party as the vacating incumbent for the remaining period of 21 the term of such vacating incumbent, FOR THE REMAINING PERIOD OF THE 22 TERM OF SUCH VACATING INCUMBENT. 23 S 2. Subdivision 3, paragraph (c) of subdivision 9-A and subdivision 24 17 of section 3-102 of the election law, subdivisions 3 and 17 as 25 amended by chapter 9 of the laws of 1978, paragraph (c) of subdivision 26 9-A as added by chapter 430 of the laws of 1997 and subdivision 17 as 27 renumbered by chapter 23 of the laws of 2005, are amended to read as 28 follows: 29 3. conduct any investigation necessary to carry out the provisions of 30 this chapter, PROVIDED, HOWEVER, THAT THE STATE BOARD OF ELECTIONS 31 ENFORCEMENT COUNSEL, ESTABLISHED PURSUANT TO SECTION 3-104 OF THIS ARTI- 32 CLE, SHALL CONDUCT ANY INVESTIGATION NECESSARY TO ENFORCE THE PROVISIONS 33 OF ARTICLE FOURTEEN OF THIS CHAPTER ON BEHALF OF THE BOARD OF ELECTIONS; 34 (c) establish [a] AN EDUCATIONAL AND training program on ALL REPORTING 35 REQUIREMENTS INCLUDING BUT NOT LIMITED TO the electronic reporting proc- 36 ess and make it EASILY AND READILY available to any such candidate or 37 committee AND NOTIFY ANY SUCH CANDIDATE OR COMMITTEE OF THE AVAILABILITY 38 OF THE MOST RECENT CAMPAIGN FINANCE HANDBOOK; 39 17. HEAR AND CONSIDER THE RECOMMENDATIONS OF THE STATE BOARD OF 40 ELECTIONS ENFORCEMENT COUNSEL REGARDING THE ENFORCEMENT OF VIOLATIONS OF 41 ARTICLE FOURTEEN OF THIS CHAPTER; 42 18. perform such other acts as may be necessary to carry out the 43 purposes of this chapter. 44 S 3. Section 3-104 of the election law, subdivisions 1, 3, 4 and 5 as 45 redesignated and subdivision 2 as amended by chapter 9 of the laws of 46 1978, is amended to read as follows: 47 S 3-104. State board of elections AND THE STATE BOARD OF ELECTIONS 48 ENFORCEMENT COUNSEL; enforcement powers. 1. (A) THERE SHALL BE A UNIT 49 KNOWN AS THE STATE BOARD OF ELECTIONS ENFORCEMENT UNIT ESTABLISHED WITH- 50 IN THE STATE BOARD OF ELECTIONS. THE HEAD OF SUCH UNIT SHALL BE THE 51 ENFORCEMENT COUNSEL. 52 (B) The state board of elections shall have jurisdiction of, and be 53 responsible for, the execution and enforcement of the provisions of 54 [article fourteen of this chapter and other] statutes governing 55 campaigns, elections and related procedures; PROVIDED HOWEVER THAT THE 56 ENFORCEMENT COUNSEL SHALL HAVE SOLE AUTHORITY WITHIN THE STATE BOARD OF S. 8405 3 A. 11588 1 ELECTIONS TO INVESTIGATE ON HIS OR HER OWN INITIATIVE OR UPON COMPLAINT, 2 ALLEGED VIOLATIONS OF ARTICLE FOURTEEN OF THIS CHAPTER AND ALL 3 COMPLAINTS ALLEGING ARTICLE FOURTEEN VIOLATIONS SHALL BE FORWARDED TO 4 THE ENFORCEMENT UNIT. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO 5 DIMINISH OR ALTER THE STATE BOARD OF ELECTIONS' JURISDICTION PURSUANT TO 6 THIS CHAPTER. 7 2. (A) Whenever [the state board of elections or other] A LOCAL board 8 of elections shall determine, on its own initiative or upon complaint, 9 or otherwise, that there is substantial reason to believe a violation of 10 this chapter or any code or regulation promulgated thereunder has 11 [occurred] BEEN COMMITTED BY A CANDIDATE OR POLITICAL COMMITTEE THAT 12 FILES STATEMENTS REQUIRED BY ARTICLE FOURTEEN OF THIS CHAPTER SOLELY 13 WITH SUCH LOCAL BOARD, it shall expeditiously make an investigation 14 which shall also include investigation of reports and statements made or 15 failed to be made by the complainant and any political committee 16 supporting his candidacy if the complainant is a candidate or, if the 17 complaint was made by an officer or member of a political committee, of 18 reports and statements made or failed to be made by such political 19 committee and any candidates supported by it. [The state board of 20 elections, in lieu of making such an investigation, may direct the 21 appropriate board of elections to make an investigation.] 22 (B) The state board of elections may request, and shall receive, the 23 assistance of the state police in any investigation it shall conduct. 24 [3. If, after an investigation, the state or other board of elections 25 finds reasonable cause to believe that a violation warranting criminal 26 prosecution has taken place, it shall forthwith refer the matter to the 27 district attorney of the appropriate county and shall make available to 28 such district attorney all relevant papers, documents, testimony and 29 findings relevant to its investigation. 30 4. The state or other board of elections may, where appropriate, 31 commence a judicial proceeding with respect to the filing or failure to 32 file any statement of receipts, expenditures, or contributions, under 33 the provisions of this chapter, and the state board of elections may 34 direct the appropriate other board of elections to commence such 35 proceeding. 36 5.] 3. IF THE ENFORCEMENT COUNSEL DETERMINES THAT A VIOLATION OF 37 SUBDIVISION ONE OF SECTION 14-126 OF THIS CHAPTER HAS OCCURRED WHICH 38 COULD WARRANT A CIVIL PENALTY, THE ENFORCEMENT COUNSEL SHALL, UPON HIS 39 OR HER DISCRETION, SEEK TO RESOLVE THE MATTER EXTRA-JUDICIALLY OR 40 COMMENCE A SPECIAL PROCEEDING IN THE SUPREME COURT PURSUANT TO SECTION 41 16-114 OF THIS CHAPTER. 42 4. UPON RECEIPT OF A COMPLAINT AND SUPPORTING INFORMATION ALLEGING 43 ANY OTHER VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER, THE ENFORCEMENT 44 COUNSEL SHALL ANALYZE THE COMPLAINT TO DETERMINE IF AN INVESTIGATION 45 SHOULD BE UNDERTAKEN. THE ENFORCEMENT COUNSEL SHALL, IF NECESSARY, 46 REQUEST ADDITIONAL INFORMATION FROM THE COMPLAINANT TO ASSIST SUCH COUN- 47 SEL IN MAKING THIS DETERMINATION. SUCH ANALYSIS SHALL INCLUDE THE 48 FOLLOWING: FIRST, WHETHER THE ALLEGATIONS, IF TRUE, WOULD CONSTITUTE A 49 VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER AND, SECOND, WHETHER THE 50 ALLEGATIONS ARE SUPPORTED BY CREDIBLE EVIDENCE. 51 5. IF THE ENFORCEMENT COUNSEL DETERMINES THAT THE ALLEGATIONS, IF 52 TRUE, WOULD NOT CONSTITUTE A VIOLATION OF ARTICLE FOURTEEN OF THIS CHAP- 53 TER OR THAT THE ALLEGATIONS ARE NOT SUPPORTED BY CREDIBLE EVIDENCE, HE 54 OR SHE SHALL ISSUE A LETTER TO THE COMPLAINANT DISMISSING THE COMPLAINT. 55 6. IF THE ENFORCEMENT COUNSEL DETERMINES THAT THE ALLEGATIONS, IF 56 TRUE, WOULD CONSTITUTE A VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER S. 8405 4 A. 11588 1 AND THAT THE ALLEGATIONS APPEAR TO BE SUPPORTED BY CREDIBLE EVIDENCE, HE 2 OR SHE SHALL NOTIFY THE STATE BOARD OF ELECTIONS OF (A) HIS OR HER 3 INTENT TO RESOLVE THE MATTER EXTRA-JUDICIALLY DUE TO THE DE MINIMUS 4 NATURE OF THE VIOLATION; OR (B) HIS OR HER INTENT TO COMMENCE AN INVES- 5 TIGATION, NO LATER THAN THE BOARD'S NEXT REGULARLY SCHEDULED MEETING. 6 NOTIFICATION SHALL SUMMARIZE THE RELEVANT FACTS AND THE APPLICABLE LAW 7 AND SHALL, TO THE EXTENT POSSIBLE, PROTECT FROM PUBLIC DISCLOSURE THE 8 IDENTITY OF THE COMPLAINANT AND THE INDIVIDUAL SUBJECT TO THE COMPLAINT. 9 7. IF, UPON CONSIDERING THE ENFORCEMENT COUNSEL'S NOTICE OF INTENT TO 10 COMMENCE AN INVESTIGATION, THE STATE BOARD OF ELECTIONS BELIEVES THAT 11 THE ALLEGATIONS, IF TRUE, WOULD NOT CONSTITUTE A VIOLATION OF ARTICLE 12 FOURTEEN OF THIS CHAPTER, OR THE ALLEGATIONS ARE NOT SUPPORTED BY CREDI- 13 BLE EVIDENCE OR, THAT ON BALANCE, THE EQUITIES FAVOR A DISMISSAL OF THE 14 COMPLAINT, THE BOARD SHALL PUBLICLY DIRECT THAT AN INVESTIGATION NOT BE 15 UNDERTAKEN NO LATER THAN SIXTY DAYS AFTER THE RECEIPT OF NOTIFICATION 16 FROM THE ENFORCEMENT COUNSEL OF HIS OR HER INTENT TO COMMENCE AN INVES- 17 TIGATION. IN DETERMINING WHETHER THE EQUITIES FAVOR A DISMISSAL OF THE 18 COMPLAINT, THE STATE BOARD OF ELECTIONS SHALL CONSIDER THE FOLLOWING 19 FACTORS: (A) WHETHER THE COMPLAINT ALLEGES A DE MINIMUS VIOLATION OF 20 ARTICLE FOURTEEN OF THIS CHAPTER; (B) WHETHER THE SUBJECT OF THE 21 COMPLAINT HAS MADE A GOOD FAITH EFFORT TO CORRECT THE VIOLATION; AND (C) 22 WHETHER THE SUBJECT OF THE COMPLAINT HAS A HISTORY OF SIMILAR 23 VIOLATIONS. DETERMINATIONS OF THE STATE BOARD OF ELECTIONS TO DISMISS A 24 COMPLAINT AND NOT PROCEED WITH A FORMAL INVESTIGATION SHALL BE VOTED 25 UPON AS PROVIDED IN SUBDIVISION FOUR OF SECTION 3-100 OF THIS TITLE AT 26 AN OPEN MEETING PURSUANT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW, 27 AND SHALL BE MADE ON A FAIR AND EQUITABLE BASIS AND WITHOUT REGARD TO 28 THE STATUS OF THE SUBJECT OF THE COMPLAINT. 29 8. ABSENT A TIMELY DETERMINATION BY THE STATE BOARD OF ELECTIONS THAT 30 AN INVESTIGATION SHALL NOT BE UNDERTAKEN, THE ENFORCEMENT COUNSEL SHALL 31 COMMENCE AN INVESTIGATION ON A TIMELY BASIS. IF THE ENFORCEMENT COUNSEL 32 DETERMINES THAT ADDITIONAL INVESTIGATIVE POWERS, AS PROVIDED FOR IN 33 SUBDIVISIONS FOUR, FIVE AND SIX OF SECTION 3-102 OF THIS TITLE, ARE 34 NEEDED TO COMPLETE THE COUNSEL'S INVESTIGATION, HE OR SHE SHALL REQUEST 35 SUCH ADDITIONAL POWERS FROM THE STATE BOARD OF ELECTIONS. SUCH POWERS 36 SHALL BE GRANTED BY THE BOARD IN PUBLIC, AS PROVIDED IN SUBDIVISION FOUR 37 OF SECTION 3-100 OF THIS TITLE, ONLY WHEN THE BOARD FINDS THAT FURTHER 38 INVESTIGATION IS WARRANTED AND JUSTIFIED. 39 9. AT THE CONCLUSION OF ITS INVESTIGATION, THE ENFORCEMENT COUNSEL 40 SHALL PROVIDE THE STATE BOARD OF ELECTIONS WITH A WRITTEN RECOMMENDATION 41 AS TO: (A) WHETHER SUBSTANTIAL REASON EXISTS TO BELIEVE A VIOLATION OF 42 ARTICLE FOURTEEN OF THIS CHAPTER HAS OCCURRED AND, IF SO, THE NATURE OF 43 THE VIOLATION AND ANY APPLICABLE PENALTY, AS DEFINED IN SECTION 14-126 44 OF THIS CHAPTER, BASED ON THE NATURE OF THE VIOLATION; (B) WHETHER THE 45 MATTER SHOULD BE RESOLVED EXTRA-JUDICIALLY; (C) WHETHER A SPECIAL 46 PROCEEDING SHOULD BE COMMENCED IN THE SUPREME COURT TO RECOVER A CIVIL 47 PENALTY; AND (D) WHETHER A REFERRAL SHOULD BE MADE TO A DISTRICT ATTOR- 48 NEY PURSUANT TO SUBDIVISION ELEVEN OF THIS SECTION BECAUSE REASONABLE 49 CAUSE EXISTS TO BELIEVE A VIOLATION WARRANTING CRIMINAL PROSECUTION HAS 50 TAKEN PLACE. 51 10. THE STATE BOARD OF ELECTIONS SHALL ACCEPT, MODIFY OR REJECT THE 52 ENFORCEMENT COUNSEL'S RECOMMENDATION NO LATER THAN SIXTY DAYS AFTER 53 RECEIPT OF SUCH RECOMMENDATION. IN MAKING ITS DETERMINATION, THE BOARD 54 SHALL AGAIN CONSIDER: (A) WHETHER THE COMPLAINT ALLEGES A DE MINIMUS 55 VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER; (B) WHETHER THE SUBJECT 56 OF THE COMPLAINT HAS MADE A GOOD FAITH EFFORT TO CORRECT THE VIOLATION; S. 8405 5 A. 11588 1 AND (C) WHETHER THE SUBJECT OF THE COMPLAINT HAS A HISTORY OF SIMILAR 2 VIOLATIONS. ALL SUCH DETERMINATIONS SHALL BE VOTED UPON AS PROVIDED IN 3 SUBDIVISION FOUR OF SECTION 3-100 OF THIS TITLE AT AN OPEN MEETING 4 PURSUANT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW, AND SHALL BE MADE 5 ON A FAIR AND EQUITABLE BASIS, WITHOUT REGARD TO THE STATUS OF THE 6 SUBJECT OF THE COMPLAINT. 7 11. (A) IF THE STATE BOARD OF ELECTIONS DETERMINES, AS PROVIDED IN 8 SUBDIVISION TEN OF THIS SECTION, THAT SUBSTANTIAL REASON EXISTS TO 9 BELIEVE THAT A PERSON, ACTING AS OR ON BEHALF OF A CANDIDATE OR POLI- 10 TICAL COMMITTEE UNDER CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE SUCH 11 LAW, HAS UNLAWFULLY ACCEPTED A CONTRIBUTION IN EXCESS OF A CONTRIBUTION 12 LIMITATION ESTABLISHED IN ARTICLE FOURTEEN OF THIS CHAPTER, WHICH COULD 13 WARRANT A CIVIL PENALTY AS PROVIDED FOR IN SUBDIVISION THREE OF SECTION 14 14-126 OF THIS CHAPTER, THE BOARD SHALL DIRECT THE COMMENCEMENT OF A 15 SPECIAL PROCEEDING IN THE SUPREME COURT PURSUANT TO SECTION 16-122 OF 16 THIS CHAPTER. 17 (B) IF THE STATE BOARD OF ELECTIONS DETERMINES, AS PROVIDED IN SUBDI- 18 VISION TEN OF THIS SECTION THAT REASONABLE CAUSE EXISTS TO BELIEVE A 19 VIOLATION WARRANTING CRIMINAL PROSECUTION HAS TAKEN PLACE, THE BOARD 20 SHALL REFER THE MATTER TO A DISTRICT ATTORNEY AND SHALL MAKE AVAILABLE 21 TO SUCH DISTRICT ATTORNEY ALL PAPERS, DOCUMENTS, TESTIMONY AND FINDINGS 22 RELEVANT TO ITS INVESTIGATION. 23 12. UPON NOTIFICATION THAT A SPECIAL PROCEEDING HAS BEEN COMMENCED BY 24 A PARTY OTHER THAN THE STATE BOARD OF ELECTIONS, PURSUANT TO SECTION 25 16-114 OF THIS CHAPTER, THE STATE BOARD OF ELECTIONS SHALL DIRECT THE 26 ENFORCEMENT COUNSEL TO INVESTIGATE THE ALLEGED VIOLATIONS UNLESS OTHER- 27 WISE DIRECTED BY THE COURT. 28 13. THE ENFORCEMENT COUNSEL SHALL PREPARE A REPORT, TO BE INCLUDED IN 29 THE ANNUAL REPORT TO THE GOVERNOR AND LEGISLATURE, SUMMARIZING THE 30 ACTIVITIES OF THE UNIT DURING THE PREVIOUS YEAR. SUCH REPORT SHALL 31 INCLUDE: (I) THE NUMBER OF COMPLAINTS RECEIVED; (II) THE NUMBER OF 32 COMPLAINTS THAT WERE FOUND TO NEED INVESTIGATION AND THE NATURE OF EACH 33 COMPLAINT; AND (III) THE NUMBER OF MATTERS THAT HAVE BEEN RESOLVED. THE 34 REPORT SHALL NOT CONTAIN ANY INFORMATION FOR WHICH DISCLOSURE IS NOT 35 PERMITTED. 36 14. THE STATE BOARD OF ELECTIONS MAY PROMULGATE RULES AND REGULATIONS 37 CONSISTENT WITH LAW TO EFFECTUATE THE PROVISIONS OF THIS SECTION. 38 S 4. The state of New York shall appropriate during each fiscal year 39 to the New York state board of elections enforcement unit, not less than 40 thirty-five percent of the appropriation available from the general fund 41 for the state board of elections to pay for the expenses of such 42 enforcement unit. 43 S 5. The election law is amended by adding a new section 3-111 to read 44 as follows: 45 S 3-111. PERSONAL USE OF CAMPAIGN FUNDS. UPON WRITTEN REQUEST FROM ANY 46 PERSON WHO IS SUBJECT TO THE REQUIREMENTS OF SECTION 14-130 OF THIS 47 CHAPTER, THE STATE BOARD OF ELECTIONS SHALL RENDER FORMAL OPINIONS ON 48 THE REQUIREMENTS OF SAID PROVISION. AN OPINION RENDERED BY THE BOARD, 49 UNTIL AND UNLESS AMENDED OR REVOKED, SHALL BE BINDING ON THE BOARD IN 50 ANY SUBSEQUENT PROCEEDING CONCERNING THE PERSON WHO REQUESTED THE OPIN- 51 ION AND WHO ACTED IN GOOD FAITH, UNLESS MATERIAL FACTS WERE OMITTED OR 52 MISSTATED BY THE PERSON IN THE REQUEST FOR AN OPINION. SUCH OPINION MAY 53 ALSO BE RELIED UPON BY SUCH PERSON, AND MAY BE INTRODUCED AND SHALL BE 54 DEFENSE IN ANY CRIMINAL OR CIVIL ACTION. SUCH REQUEST SHALL BE CONFIDEN- 55 TIAL, BUT THE BOARD SHALL PUBLISH SUCH OPINIONS PROVIDED THAT THE NAME S. 8405 6 A. 11588 1 OF THE REQUESTING PERSON AND OTHER IDENTIFYING DETAILS SHALL NOT BE 2 INCLUDED IN THE PUBLICATION. 3 S 6. Section 14-100 of the election law is amended by adding three new 4 subdivisions 12, 13 and 14 to read as follows: 5 12. "CLEARLY IDENTIFIED CANDIDATE" MEANS THAT: 6 (A) THE NAME OF THE CANDIDATE INVOLVED APPEARS; 7 (B) A PHOTOGRAPH OR DRAWING OF THE CANDIDATE APPEARS; OR 8 (C) THE IDENTITY OF THE CANDIDATE IS APPARENT BY UNAMBIGUOUS REFER- 9 ENCE. 10 13. "GENERAL PUBLIC AUDIENCE" MEANS AN AUDIENCE COMPOSED OF MEMBERS OF 11 THE PUBLIC, INCLUDING A TARGETED SUBGROUP OF MEMBERS OF THE PUBLIC; 12 PROVIDED, HOWEVER, IT DOES NOT MEAN AN AUDIENCE SOLELY COMPRISED OF 13 MEMBERS, RETIREES AND STAFF OF A LABOR ORGANIZATION OR THEIR IMMEDIATE 14 FAMILY MEMBERS OR AN AUDIENCE SOLELY COMPRISED OF EMPLOYEES OF A BUSI- 15 NESS ENTITY OR MEMBERS OF A BUSINESS, TRADE OR PROFESSIONAL ASSOCIATION. 16 14. "LABOR ORGANIZATION" MEANS ANY ORGANIZATION OF ANY KIND WHICH 17 EXISTS FOR THE PURPOSE, IN WHOLE OR IN PART, OF REPRESENTING EMPLOYEES 18 EMPLOYED WITHIN THE STATE OF NEW YORK IN DEALING WITH EMPLOYERS OR 19 EMPLOYER ORGANIZATIONS OR WITH A STATE GOVERNMENT, OR ANY POLITICAL OR 20 CIVIL SUBDIVISION OR OTHER AGENCY THEREOF, CONCERNING TERMS AND CONDI- 21 TIONS OF EMPLOYMENT, GRIEVANCES, LABOR DISPUTES, OR OTHER MATTERS INCI- 22 DENTAL TO THE EMPLOYMENT RELATIONSHIP. FOR THE PURPOSES OF THIS ARTI- 23 CLE, EACH LOCAL, PARENT NATIONAL OR PARENT INTERNATIONAL ORGANIZATION OF 24 A STATEWIDE LABOR ORGANIZATION, AND EACH STATEWIDE FEDERATION RECEIVING 25 DUES FROM SUBSIDIARY LABOR ORGANIZATIONS, SHALL BE CONSIDERED A SEPARATE 26 LABOR ORGANIZATION. 27 S 7. Subdivision 5 of section 14-102 of the election law is REPEALED, 28 subdivisions 1 and 3, as amended by chapter 8 of the laws of 1978, 29 subdivision 1 as redesignated by chapter 9 of the laws of 1978 and 30 subdivision 3 as renumbered by chapter 70 of the laws of 1983, are 31 amended and a new subdivision 5 is added to read as follows: 32 1. The treasurer of every political committee which, or any officer, 33 member or agent of any such committee who, in connection with any 34 election, receives or expends any money or other [valuable thing] ITEM 35 OF VALUE or incurs any liability to pay money or its equivalent shall 36 file statements sworn, or subscribed and bearing a form notice that 37 false statements made therein are punishable as a class A misdemeanor 38 pursuant to section 210.45 of the penal law, at the times prescribed by 39 this article setting forth all the receipts, contributions to and the 40 expenditures by and liabilities of the committee, and of its officers, 41 members and agents in its behalf. Such statements shall include the 42 dollar amount of any receipt, contribution or transfer, or the fair 43 market value of any receipt, contribution or transfer, which is other 44 than of money, the name and address of the transferor, contributor or 45 person from whom received, and if the transferor, contributor or person 46 is a political committee; the name of and the political unit represented 47 by the committee, the date of its receipt, the dollar amount of every 48 expenditure, the name and address of the person to whom it was made or 49 the name of and the political unit represented by the committee to which 50 it was made and the date thereof, and shall state clearly the purpose of 51 such expenditure. IF ANY ONE EXPENDITURE IS MADE FOR MORE THAN ONE 52 PURPOSE, OR AS PAYMENT FOR GOODS OR SERVICES SUPPLIED BY MORE THAN ONE 53 SUPPLIER, SUCH STATEMENT SHALL SET FORTH SEPARATELY EACH SUCH PURPOSE OR 54 SUPPLIER AND THE AMOUNT EXPENDED FOR EACH SUCH PURPOSE OR TO EACH SUCH 55 SUPPLIER. S. 8405 7 A. 11588 1 Any statement reporting a loan shall have attached to it a copy of the 2 evidence of indebtedness. Expenditures in sums under fifty dollars need 3 not be specifically accounted for by separate items in said statements, 4 and receipts and contributions aggregating not more than ninety-nine 5 dollars, from any one contributor need not be specifically accounted for 6 by separate items in said statements, provided however, that such 7 expenditures, receipts and contributions shall be subject to the other 8 provisions of section 14-118 of this article. 9 3. The state board of elections shall promulgate regulations with 10 respect to the accounting methods to be applied IN COMPLYING WITH, AND 11 in preparing the statements required by, the provisions of this article 12 and shall provide forms suitable for such statements. SUCH REGULATIONS 13 SHALL BE DRAWN TO ASSURE SUCH COMPLIANCE AND OBTAIN THE MAXIMUM POSSIBLE 14 DISCLOSURE. 15 5. (A) PURSUANT TO THE PROVISIONS OF THIS SECTION, ANY CANDIDATE 16 AND/OR POLITICAL COMMITTEE WHICH IS REQUIRED TO FILE STATEMENTS WITH A 17 COUNTY BOARD OF ELECTIONS OR WITH THE BOARD OF ELECTIONS OF THE CITY OF 18 NEW YORK, WHICH RAISES OR SPENDS OR EXPECTS TO RAISE OR SPEND MORE THAN 19 ONE THOUSAND DOLLARS DURING ANY CALENDAR YEAR, IN ADDITION TO FILING 20 SUCH STATEMENTS WITH SUCH BOARDS OF ELECTIONS IN THE FILING FORMAT 21 REQUIRED THEREBY, SHALL ALSO FILE SUCH STATEMENTS ELECTRONICALLY WITH 22 THE STATE BOARD OF ELECTIONS PURSUANT TO ITS ELECTRONIC REPORTING 23 SYSTEM, ESTABLISHED PURSUANT TO SUBDIVISION NINE-A OF SECTION 3-102 OF 24 THIS CHAPTER, OR ON PAPER IF AN EXEMPTION FROM THE ELECTRONIC FILING 25 REQUIREMENTS HAS BEEN GRANTED BY THE STATE BOARD OF ELECTIONS PURSUANT 26 TO SUBDIVISION FOUR OF THIS SECTION OR SUBDIVISION TWO OF SECTION 14-104 27 OF THIS TITLE. 28 (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI- 29 SION, ANY STATEMENTS FILED ELECTRONICALLY, OR ON PAPER IF EXEMPTED, WITH 30 THE STATE BOARD OF ELECTIONS BY A CANDIDATE AND/OR POLITICAL COMMITTEE 31 WHICH IS REQUIRED TO FILE SUCH STATEMENTS ELECTRONICALLY WITH THE STATE 32 BOARD OF ELECTIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, SHALL 33 SATISFY THE FILING REQUIREMENTS OF THIS SECTION WITH REGARDS TO FILING 34 WITH THE APPLICABLE COUNTY OR CITY BOARD OF ELECTIONS. THE COUNTY AND 35 CITY BOARDS OF ELECTIONS SHALL MAKE STATEMENTS FILED WITH THE STATE 36 BOARD OF ELECTIONS, WHICH WOULD OTHERWISE HAVE BEEN FILED SPECIFICALLY 37 WITH THEIR INDIVIDUAL BOARD PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI- 38 SION, AVAILABLE FOR PUBLIC INSPECTION AND COPYING VIA ELECTRONIC 39 CONNECTION TO THE STATE BOARD OF ELECTIONS' WEBSITE, WHICH WILL CONTAIN 40 SUCH STATEMENTS, OR BY SUCH OTHER MODE OF ELECTRONIC COMMUNICATION THAT 41 IS AVAILABLE AND APPROVED BY THE STATE BOARD OF ELECTIONS FOR SUCH 42 PURPOSES. 43 (C) ANY CANDIDATE AND/OR POLITICAL COMMITTEE WHICH IS REQUIRED TO FILE 44 STATEMENTS WITH A COUNTY BOARD OF ELECTIONS OR WITH THE BOARD OF 45 ELECTIONS OF THE CITY OF NEW YORK PURSUANT TO THE PROVISIONS OF THIS 46 SECTION, WHICH IS NOT REQUIRED TO FILE SUCH STATEMENTS WITH THE STATE 47 BOARD OF ELECTIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, MAY 48 NOT ELECT TO FILE SUCH STATEMENTS WITH THE STATE BOARD OF ELECTIONS 49 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION IN SUBSTITUTION FOR, OR IN 50 SATISFACTION OF, THE REQUIREMENT TO FILE WITH THE APPLICABLE COUNTY OR 51 CITY BOARD OF ELECTIONS. 52 S 8. Subdivision 3 of section 14-104 of the election law is REPEALED 53 and a new subdivision 3 is added to read as follows: 54 3. (A) PURSUANT TO THE PROVISIONS OF THIS SECTION, ANY CANDIDATE 55 AND/OR POLITICAL COMMITTEE WHICH IS REQUIRED TO FILE STATEMENTS WITH A 56 COUNTY BOARD OF ELECTIONS OR WITH THE BOARD OF ELECTIONS OF THE CITY OF S. 8405 8 A. 11588 1 NEW YORK, WHICH RAISES OR SPENDS OR EXPECTS TO RAISE OR SPEND MORE THAN 2 ONE THOUSAND DOLLARS DURING ANY CALENDAR YEAR, IN ADDITION TO FILING 3 SUCH STATEMENTS WITH SUCH BOARDS OF ELECTIONS IN THE FILING FORMAT 4 REQUIRED THEREBY, SHALL ALSO FILE SUCH STATEMENTS ELECTRONICALLY WITH 5 THE STATE BOARD OF ELECTIONS PURSUANT TO ITS ELECTRONIC REPORTING 6 SYSTEM, ESTABLISHED PURSUANT TO SUBDIVISION NINE-A OF SECTION 3-102 OF 7 THIS CHAPTER, OR ON PAPER IF AN EXEMPTION FROM THE ELECTRONIC FILING 8 REQUIREMENTS HAS BEEN GRANTED BY THE STATE BOARD OF ELECTIONS PURSUANT 9 TO SUBDIVISION FOUR OF SECTION 14-102 OF THIS TITLE OR SUBDIVISION TWO 10 OF THIS SECTION. 11 (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI- 12 SION, ANY STATEMENTS FILED ELECTRONICALLY, OR ON PAPER IF EXEMPTED, WITH 13 THE STATE BOARD OF ELECTIONS BY A CANDIDATE AND/OR POLITICAL COMMITTEE 14 WHICH IS REQUIRED TO FILE SUCH STATEMENTS ELECTRONICALLY WITH THE STATE 15 BOARD OF ELECTIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, SHALL 16 SATISFY THE FILING REQUIREMENTS OF THIS SECTION WITH REGARDS TO FILING 17 WITH THE APPLICABLE COUNTY OR CITY BOARD OF ELECTIONS. THE COUNTY AND 18 CITY BOARDS OF ELECTIONS SHALL MAKE STATEMENTS FILED WITH THE STATE 19 BOARD OF ELECTIONS, WHICH WOULD OTHERWISE HAVE BEEN FILED SPECIFICALLY 20 WITH THEIR INDIVIDUAL BOARD PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI- 21 SION, AVAILABLE FOR PUBLIC INSPECTION AND COPYING VIA ELECTRONIC 22 CONNECTION TO THE STATE BOARDS OF ELECTIONS' WEBSITE, WHICH WILL CONTAIN 23 SUCH STATEMENTS, OR BY SUCH OTHER MODE OF ELECTRONIC COMMUNICATION THAT 24 IS AVAILABLE AND APPROVED BY THE STATE BOARD OF ELECTIONS FOR SUCH 25 PURPOSES. 26 (C) ANY CANDIDATE AND/OR POLITICAL COMMITTEE WHICH IS REQUIRED TO FILE 27 STATEMENTS WITH A COUNTY BOARD OF ELECTIONS OR WITH THE BOARD OF 28 ELECTIONS OF THE CITY OF NEW YORK PURSUANT TO THE PROVISIONS OF THIS 29 SECTION, WHICH IS NOT REQUIRED TO FILE SUCH STATEMENTS WITH THE STATE 30 BOARD OF ELECTIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, MAY 31 NOT ELECT TO FILE SUCH STATEMENTS WITH THE STATE BOARD OF ELECTIONS 32 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION IN SUBSTITUTION FOR, OR IN 33 SATISFACTION OF, THE REQUIREMENT TO FILE WITH THE APPLICABLE COUNTY OR 34 CITY BOARD OF ELECTIONS. 35 S 9. Section 14-106 of the election law, as amended by chapter 8 of 36 the laws of 1978, is amended to read as follows: 37 S 14-106. Political [advertisements and literature] COMMUNICATION. 1. 38 The statements required to be filed under the provisions of this article 39 next succeeding a primary, general or special election shall be accompa- 40 nied by a [facsimile or] copy of all BROADCAST, CABLE OR SATELLITE SCHE- 41 DULES AND SCRIPTS, advertisements, pamphlets, circulars, flyers, 42 brochures, letterheads and other printed matter purchased or produced 43 [and a schedule of all radio or television time, and scripts used there- 44 in], AND REPRODUCTIONS OF STATEMENTS OR INFORMATION CONVEYED TO FIVE 45 HUNDRED OR MORE MEMBERS OF A GENERAL PUBLIC AUDIENCE BY COMPUTER OR 46 OTHER ELECTRONIC DEVICE, purchased in connection with such election by 47 or under the authority of the person filing the statement or the commit- 48 tee or the person on whose behalf it is filed, as the case may be. Such 49 [facsimiles,] copies, schedules and scripts shall be preserved by the 50 officer with whom or the board with which it is required to be filed for 51 a period of one year from the date of filing thereof. 52 2. NO PERSON, POLITICAL PARTY OR COMMITTEE SHALL, DURING THE COURSE OF 53 ANY CAMPAIGN FOR NOMINATION OR ELECTION TO PUBLIC OFFICE OR PARTY POSI- 54 TION, PREPARE OR DISTRIBUTE ANY POLITICAL COMMUNICATION THAT FALSELY 55 IDENTIFIES THE SOURCE OF SUCH COMMUNICATION. S. 8405 9 A. 11588 1 S 10. The election law is amended by adding a new section 14-107 to 2 read as follows: 3 S 14-107. INDEPENDENT EXPENDITURE REPORTING. 1. FOR PURPOSES OF THIS 4 ARTICLE: 5 (A) "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE BY A PERSON 6 FOR AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC AUDIENCE VIA 7 BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION TO A GENERAL 8 PUBLIC AUDIENCE VIA ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS, 9 BROCHURES, LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR INFOR- 10 MATION CONVEYED TO FIVE HUNDRED OR MORE MEMBERS OF A GENERAL PUBLIC 11 AUDIENCE BY COMPUTER OR OTHER ELECTRONIC DEVICES WHICH: (I) EXPRESSLY 12 ADVOCATES THE ELECTION OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE OR 13 THE SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) A CANDIDATE, THE 14 CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL COMMITTEE 15 FORMED TO PROMOTE THE SUCCESS OR DEFEAT OF A BALLOT PROPOSAL OR ITS 16 AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN ANY 17 SUCH COMMUNICATION. 18 (B) INDEPENDENT EXPENDITURES DO NOT INCLUDE: 19 (I) A WRITTEN NEWS STORY, COMMENTARY, OR EDITORIAL OR A NEWS STORY, 20 COMMENTARY, OR EDITORIAL DISTRIBUTED THROUGH THE FACILITIES OF ANY 21 BROADCASTING STATION, CABLE OR SATELLITE UNLESS SUCH PUBLICATION OR 22 FACILITIES ARE OWNED OR CONTROLLED BY ANY POLITICAL PARTY, POLITICAL 23 COMMITTEE OR CANDIDATE; OR 24 (II) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR 25 (III) A COMMUNICATION WHICH CONSTITUTES AN EXPENDITURE MADE BY A 26 PERSON OR ENTITY REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF 27 ELECTIONS PURSUANT TO SECTIONS 14-102 AND 14-104 OF THIS ARTICLE. 28 (C) FOR PURPOSES OF THIS SECTION, THE TERM "PERSON" SHALL MEAN PERSON, 29 GROUP OF PERSONS, CORPORATION, UNINCORPORATED BUSINESS ENTITY, LABOR 30 ORGANIZATION OR BUSINESS, TRADE OR PROFESSIONAL ASSOCIATION OR ORGANIZA- 31 TION. 32 2. WHENEVER ANY PERSON MAKES AN INDEPENDENT EXPENDITURE THAT COSTS 33 MORE THAN ONE THOUSAND DOLLARS IN THE AGGREGATE, SUCH COMMUNICATION 34 SHALL CLEARLY STATE THE NAME OF THE PERSON WHO PAID FOR, OR OTHERWISE 35 PUBLISHED OR DISTRIBUTED, THE COMMUNICATION AND STATE, WITH RESPECT TO 36 COMMUNICATIONS REGARDING CANDIDATES, THAT THE COMMUNICATION IS NOT 37 AUTHORIZED BY ANY CANDIDATE, ANY CANDIDATE'S POLITICAL COMMITTEE OR ANY 38 OF ITS AGENTS. 39 3. (A) ANY PERSON WHICH MAKES INDEPENDENT EXPENDITURES THAT COST MORE 40 THAN ONE THOUSAND DOLLARS IN THE AGGREGATE SHALL REPORT SUCH INDEPENDENT 41 EXPENDITURES TO THE STATE BOARD OF ELECTIONS ON STATEMENTS AS PROVIDED 42 FOR IN SECTION 14-108 OF THIS ARTICLE. 43 (B) ANY INDEPENDENT EXPENDITURE THAT COSTS MORE THAN ONE THOUSAND 44 DOLLARS AND IS MADE AFTER THE CLOSE OF THE PERIOD TO BE COVERED IN THE 45 LAST STATEMENT FILED BEFORE ANY PRIMARY, GENERAL OR SPECIAL ELECTION, 46 BUT BEFORE SUCH ELECTION, SHALL BE REPORTED WITHIN TWENTY-FOUR HOURS IN 47 THE SAME MANNER AS PROVIDED FOR IN SUBDIVISION TWO OF SECTION 14-108 OF 48 THIS ARTICLE. 49 4. EACH SUCH STATEMENT SHALL INCLUDE: 50 (A) THE NAME AND ADDRESS OF THE PERSON MAKING THE STATEMENT; 51 (B) THE NAME AND ADDRESS OF THE PERSON MAKING THE INDEPENDENT EXPENDI- 52 TURE; 53 (C) THE NAME AND ADDRESS OF ANY PERSON OR ENTITY PROVIDING A GIFT, 54 LOAN, ADVANCE OR DEPOSIT OF ONE HUNDRED DOLLARS OR MORE FOR THE INDE- 55 PENDENT EXPENDITURE, OR THE PROVISION OF SERVICES FOR THE SAME, AND THE 56 DATE IT WAS GIVEN; PROVIDED, HOWEVER, THE NAME AND ADDRESS OF A MEMBER S. 8405 10 A. 11588 1 OF A LABOR ORGANIZATION IS NOT REQUIRED FOR A GIFT, LOAN, ADVANCE OR 2 DEPOSIT OF ONE HUNDRED DOLLARS OR MORE TO A LABOR ORGANIZATION; AND 3 PROVIDED FURTHER THAT THE NAME AND ADDRESS OF AN EMPLOYEE OF A CORPO- 4 RATION, UNINCORPORATED BUSINESS ENTITY, TRADE OR PROFESSIONAL ASSOCI- 5 ATION OR ORGANIZATION IS NOT REQUIRED FOR A GIFT, LOAN, ADVANCE OR 6 DEPOSIT OF ONE HUNDRED DOLLARS OR MORE TO SUCH CORPORATION, UNINCORPO- 7 RATED BUSINESS ENTITY OR BUSINESS, TRADE OR PROFESSIONAL ASSOCIATION OR 8 ORGANIZATION RESPECTIVELY; 9 (D) THE DOLLAR AMOUNT PAID FOR EACH INDEPENDENT EXPENDITURE, THE NAME 10 AND ADDRESS OF THE PERSON OR ENTITY RECEIVING THE PAYMENT, THE DATE THE 11 PAYMENT WAS MADE AND A DESCRIPTION OF THE INDEPENDENT EXPENDITURE; AND 12 (E) THE ELECTION TO WHICH THE INDEPENDENT EXPENDITURE PERTAINS AND THE 13 NAME OF THE CLEARLY IDENTIFIED CANDIDATE OR THE BALLOT PROPOSAL REFER- 14 ENCED. 15 5. A COPY OF ALL MATERIALS THAT PERTAIN TO THE INDEPENDENT EXPENDI- 16 TURE, INCLUDING BUT NOT LIMITED TO BROADCAST, CABLE OR SATELLITE SCHED- 17 ULE AND SCRIPTS, ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS, 18 BROCHURES, LETTERHEADS AND OTHER PRINTED MATTER AND STATEMENTS OR INFOR- 19 MATION CONVEYED TO FIVE HUNDRED OR MORE MEMBERS OF A GENERAL PUBLIC 20 AUDIENCE BY COMPUTER OR OTHER ELECTRONIC DEVICES SHALL BE FILED WITH THE 21 STATE BOARD OF ELECTIONS WITH ALL THE STATEMENTS REQUIRED BY SECTION 22 14-108 OF THIS ARTICLE. 23 6. WRITTEN EVIDENCE OF THE INDEBTEDNESS RELATED TO A LOAN THAT IS MADE 24 FOR AN INDEPENDENT EXPENDITURE SHALL BE PROVIDED TO THE STATE BOARD OF 25 ELECTIONS. 26 7. EVERY STATEMENT REQUIRED TO BE FILED PURSUANT TO THIS SECTION SHALL 27 BE FILED ELECTRONICALLY TO THE STATE BOARD OF ELECTIONS. 28 8. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE REGULATIONS WITH 29 RESPECT TO THE STATEMENTS REQUIRED TO BE FILED BY THIS SECTION AND SHALL 30 PROVIDE FORMS SUITABLE FOR SUCH STATEMENTS. 31 S 11. Section 14-116 of the election law is amended by adding a new 32 subdivision 3 to read as follows: 33 3. (A) DEFINITIONS. WHEN USED IN THIS SUBDIVISION: 34 (1) THE TERM "POLITICAL ISSUE COMMUNICATION" MEANS ANY COMMUNICATION 35 MADE TO A GENERAL PUBLIC AUDIENCE AND INTENDED TO ENCOURAGE THE PUBLIC 36 TO CONTACT A GOVERNMENT OFFICIAL, CANDIDATE FOR PUBLIC OFFICE OR PARTY 37 POSITION OR A POLITICAL PARTY REGARDING PENDING LEGISLATION, PUBLIC 38 POLICY OR A GOVERNMENT RULE OR REGULATION. 39 (2) THE TERM "BUSINESS ENTITY" MEANS ANY ENTITY THAT IS CREATED BY THE 40 FILING OF A CERTIFICATE OF INCORPORATION, A CORPORATION ORGANIZED UNDER 41 OR SUBJECT TO THE BANKING LAW OR AN ENTITY ORGANIZED UNDER OR SUBJECT TO 42 THE LIMITED LIABILITY COMPANY LAW. 43 (B) NOTWITHSTANDING ANY OTHER LIMITS ON CONTRIBUTIONS, BEFORE A BUSI- 44 NESS ENTITY OR ANY OF ITS SUBSIDIARIES MAY MAKE A CONTRIBUTION, INDE- 45 PENDENT EXPENDITURE OR EXPENDITURE FOR A POLITICAL ISSUE COMMUNICATION, 46 THE BUSINESS ENTITY SHALL, AT LEAST ANNUALLY, OBTAIN THE PRIOR AUTHORI- 47 ZATION, BY VOTE OF A MAJORITY OF THE SHARES CAST ON SUCH RESOLUTION, TO 48 MAKE CONTRIBUTIONS, INDEPENDENT EXPENDITURES AND EXPENDITURES FOR POLI- 49 TICAL ISSUE COMMUNICATIONS UP TO A STATED AGGREGATE ANNUAL AMOUNT. 50 (C) ANY BUSINESS ENTITY, EITHER BY ITSELF OR ITS SUBSIDIARIES, MAKING 51 A CONTRIBUTION, INDEPENDENT EXPENDITURE OR EXPENDITURE FOR A POLITICAL 52 ISSUE COMMUNICATION SHALL AT LEAST ANNUALLY DISCLOSE TO ITS SHAREHOLDERS 53 OR MEMBERS AND FILE WITH THE SECRETARY OF STATE AN ACCOUNTING OF THE 54 CONTRIBUTIONS, INDEPENDENT EXPENDITURES AND EXPENDITURES FOR A POLITICAL 55 ISSUE COMMUNICATION, MADE BY SUCH BUSINESS ENTITY INCLUDING: S. 8405 11 A. 11588 1 (1) THE DATE OF THE CONTRIBUTION, INDEPENDENT EXPENDITURE OR EXPENDI- 2 TURE FOR A POLITICAL ISSUE COMMUNICATION; 3 (2) THE AMOUNT OF THE CONTRIBUTION, INDEPENDENT EXPENDITURE OR EXPEND- 4 ITURE FOR A POLITICAL ISSUE COMMUNICATION; 5 (3) THE IDENTITY OF THE RECIPIENT OF THE CONTRIBUTION, OR IF AN INDE- 6 PENDENT EXPENDITURE OR EXPENDITURE FOR A POLITICAL ISSUE COMMUNICATION, 7 THE IDENTITY OF THE CANDIDATE, BALLOT PROPOSAL, POLITICAL PARTY, PENDING 8 LEGISLATION, PUBLIC POLICY OR A GOVERNMENT RULE OR REGULATION SUPPORTED 9 OR OPPOSED; AND 10 (4) THE BUSINESS OR CORPORATE RATIONALE FOR EACH SUCH CONTRIBUTION, 11 INDEPENDENT EXPENDITURE OR EXPENDITURE FOR A POLITICAL ISSUE COMMUNI- 12 CATION. 13 (D) THE SECRETARY OF STATE SHALL POST EACH BUSINESS ENTITY'S ANNUAL 14 DISCLOSURE ON THE WEBSITE MAINTAINED BY THE SECRETARY OF STATE. 15 (E) THE ATTORNEY GENERAL MAY COMMENCE AN ACTION OR SPECIAL PROCEEDING 16 TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION. 17 S 12. Section 14-126 of the election law, as amended by chapter 8 of 18 the laws of 1978, subdivision 1 as amended by chapter 128 of the laws of 19 1994 and subdivisions 2, 3 and 4 as redesignated by chapter 9 of the 20 laws of 1978, is amended to read as follows: 21 S 14-126. Violations; penalties. 1. Any person who fails to file a 22 statement required to be filed by this article shall be subject to a 23 civil penalty, not in excess of [five hundred] ONE THOUSAND dollars, to 24 be recoverable in a special proceeding or civil action to be brought by 25 the state board of elections [or other board of elections] ENFORCEMENT 26 COUNSEL PURSUANT TO SECTION 16-114 OF THIS CHAPTER. ANY PERSON WHO, 27 THREE OR MORE TIMES WITHIN A GIVEN ELECTION CYCLE FOR SUCH TERM OF 28 OFFICE, FAILS TO FILE A STATEMENT OR STATEMENTS REQUIRED TO BE FILED BY 29 THIS ARTICLE, SHALL BE SUBJECT TO A CIVIL PENALTY, NOT IN EXCESS OF TEN 30 THOUSAND DOLLARS, TO BE RECOVERABLE AS PROVIDED FOR IN THIS SUBDIVISION. 31 2. ANY PERSON, POLITICAL PARTY OR COMMITTEE WHO FALSELY IDENTIFIES ANY 32 POLITICAL COMMUNICATION AS PROHIBITED BY SUBDIVISION TWO OF SECTION 33 14-106 OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY EQUAL TO ONE 34 THOUSAND DOLLARS OR THE COST OF THE COMMUNICATION, WHICHEVER IS GREATER, 35 IN A SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE STATE BOARD OF 36 ELECTIONS PURSUANT TO SECTION 16-120 OF THIS CHAPTER. 37 3. ANY PERSON WHO FALSELY IDENTIFIES OR FAILS TO IDENTIFY ANY INDE- 38 PENDENT EXPENDITURE AS REQUIRED BY SUBDIVISION TWO OF SECTION 14-107 OF 39 THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY EQUAL TO ONE THOUSAND 40 DOLLARS OR THE COST OF THE COMMUNICATION, WHICHEVER IS GREATER, IN A 41 SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE STATE BOARD OF 42 ELECTIONS PURSUANT TO SECTION 16-120 OF THIS CHAPTER. FOR PURPOSES OF 43 THIS SUBDIVISION, THE TERM "PERSON" SHALL MEAN A PERSON, GROUP OF 44 PERSONS, CORPORATION, UNINCORPORATED BUSINESS ENTITY, LABOR ORGANIZATION 45 OR BUSINESS, TRADE OR PROFESSIONAL ASSOCIATION OR ORGANIZATION. 46 4. ANY PERSON WHO, ACTING AS OR ON BEHALF OF A CANDIDATE OR POLITICAL 47 COMMITTEE, UNDER CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE SUCH LAW, 48 UNLAWFULLY ACCEPTS A CONTRIBUTION IN EXCESS OF A CONTRIBUTION LIMITATION 49 ESTABLISHED IN THIS ARTICLE, SHALL BE REQUIRED TO REFUND SUCH EXCESS 50 AMOUNT AND SHALL BE SUBJECT TO A CIVIL PENALTY EQUAL TO TWO TIMES THE 51 EXCESS AMOUNT PLUS A FINE OF UP TO TEN THOUSAND DOLLARS, TO BE RECOVERA- 52 BLE IN A SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT BY THE STATE 53 BOARD OF ELECTIONS ENFORCEMENT COUNSEL PURSUANT TO SECTION 16-122 OF 54 THIS CHAPTER. 55 5. Any person who knowingly and willfully fails to file a statement 56 required to be filed by this article within ten days after the date S. 8405 12 A. 11588 1 provided for filing such statement or any person who knowingly and will- 2 fully violates any other provision of this article shall be guilty of a 3 misdemeanor. 4 [3.] 6. Any person who knowingly and willfully contributes, accepts or 5 aids or participates in the acceptance of a contribution in an amount 6 exceeding an applicable maximum specified in this article shall be guil- 7 ty of a misdemeanor. 8 [4.] 7. Any person who shall, acting on behalf of a candidate or poli- 9 tical committee, knowingly and willfully solicit, organize or coordinate 10 the formation of activities of one or more unauthorized committees, make 11 expenditures in connection with the nomination for election or election 12 of any candidate, or solicit any person to make any such expenditures, 13 for the purpose of evading the contribution limitations of this article, 14 shall be guilty of a class E felony. 15 S 13. Section 16-100 of the election law is amended to read as 16 follows: 17 S 16-100. Jurisdiction; supreme court, county court. 1. The supreme 18 court is vested with jurisdiction to summarily determine any question of 19 law or fact arising as to any subject set forth in this article, which 20 shall be construed liberally. 21 2. The county court is vested with jurisdiction to summarily determine 22 any question of law or fact except proceedings as to a nomination or 23 election at a primary election or a nomination at a judicial convention, 24 proceedings as to the casting and canvass of ballots [and], proceedings 25 for examination or preservation of ballots AND PROCEEDINGS TO ENFORCE 26 THE PROVISIONS OF ARTICLE FOURTEEN OF THIS CHAPTER. 27 S 14. The election law is amended by adding a new section 16-120 to 28 read as follows: 29 S 16-120. PROCEEDINGS AS TO POLITICAL COMMUNICATIONS AND INDEPENDENT 30 EXPENDITURES. THE SUPREME COURT OR A JUSTICE THEREOF, IN A PROCEEDING 31 INSTITUTED BY THE STATE BOARD OF ELECTIONS ENFORCEMENT COUNSEL, MAY 32 IMPOSE A CIVIL PENALTY, AS PROVIDED IN SUBDIVISIONS TWO AND THREE OF 33 SECTION 14-126 OF THIS CHAPTER, UPON PROOF THAT A VIOLATION OF ONE OR 34 MORE OF SUCH SUBDIVISIONS HAS OCCURRED. 35 S 15. The election law is amended by adding a new section 16-122 to 36 read as follows: 37 S 16-122. ENFORCEMENT PROCEEDINGS. THE SUPREME COURT OR A JUSTICE 38 THEREOF, IN A PROCEEDING INSTITUTED BY THE STATE BOARD OF ELECTIONS 39 ENFORCEMENT COUNSEL, MAY IMPOSE A CIVIL PENALTY, AS PROVIDED FOR IN 40 SUBDIVISION FOUR OF SECTION 14-126 OF THIS CHAPTER, UPON PROOF THAT A 41 VIOLATION OF SUCH SUBDIVISION HAS OCCURRED. THE COURT MAY CONSIDER, 42 AMONG OTHER FACTORS, THE SEVERITY OF THE VIOLATION OR VIOLATIONS, WHETH- 43 ER THE SUBJECT OF THE VIOLATION MADE A GOOD FAITH EFFORT TO CORRECT THE 44 VIOLATION AND WHETHER THE SUBJECT OF THE VIOLATION HAS A HISTORY OF 45 SIMILAR VIOLATIONS. ALL SUCH DETERMINATIONS SHALL BE MADE ON A FAIR AND 46 EQUITABLE BASIS WITHOUT REGARD TO THE STATUS OF THE CANDIDATE OR POLI- 47 TICAL COMMITTEE. 48 S 16. Separability clause. If any clause, sentence, paragraph, section 49 or part of this act shall be adjudged by any court of competent juris- 50 diction to be invalid, such judgment shall not affect, impair or invali- 51 date the remainder thereof, but shall be confined in its operation to 52 the clause, sentence, paragraph, section or part thereof directly 53 involved in the controversy in which such judgment shall have been 54 rendered. 55 S 17. This act shall take effect immediately.