Bill Text: NY S02157 | 2015-2016 | General Assembly | Introduced

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

---

Bill Title: Relates to disclosure of the identities of political committees making certain expenditures for political communications.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2016-01-14 - PRINT NUMBER 2157B [S02157 Detail]

Download: New_York-2015-S02157-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2157
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 21, 2015
                                      ___________
       Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Elections
       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; and
         to  repeal  subdivision  2  of  section 14-107 of such law relating to
         independent expenditure reporting
         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    S 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,  print  and
    8  other  types of advertisements, pamphlets, circulars, flyers, brochures,
    9  letterheads and other printed matter purchased or produced, and  reprod-
   10  uctions  of  statements or information published to five hundred or more
   11  members of a general public audience by  computer  or  other  electronic
   12  device  including  but  not  limited to electronic mail or text message,
   13  purchased in connection with such election by or under the authority  of
   14  the  person filing the statement or the committee or the person on whose
   15  behalf it is filed, as the case  may  be.  Such  copies,  schedules  and
   16  scripts  shall  be  preserved by the officer with whom or the board with
   17  which it is required to be filed for a period of one year from the  date
   18  of filing thereof.
   19    2.  ALL  POLITICAL COMMITTEES THAT MAKE AN EXPENDITURE FOR A POLITICAL
   20  COMMUNICATION SHALL BE REQUIRED TO DISCLOSE THE IDENTITY  OF  THE  POLI-
   21  TICAL  COMMITTEE  WHICH MADE THE EXPENDITURE FOR SUCH POLITICAL COMMUNI-
   22  CATION. THE DISCLOSURE ON PRINTED OR DIGITAL  POLITICAL  COMMUNICATIONS,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07210-01-5
       S. 2157                             2
    1  INCLUDING  BUT  NOT  LIMITED TO BROCHURES, FLYERS, POSTERS, MAILINGS, OR
    2  INTERNET ADVERTISING SHALL BE PRINTED OR TYPED IN AN APPROPRIATE LEGIBLE
    3  FORM TO READ AS FOLLOWS: "PAID FOR BY:" FOLLOWED  BY  THE  NAME  OF  THE
    4  POLITICAL COMMITTEE MAKING THE EXPENDITURE. THE DISCLOSURE ON NON-PRINT-
    5  ED  OR  DIGITAL  POLITICAL  COMMUNICATIONS SHALL CLEARLY AND PROMINENTLY
    6  DISPLAY AND/OR SPEAK THE FOLLOWING STATEMENT:  "PAID FOR  BY:"  FOLLOWED
    7  BY  THE  NAME  OF THE POLITICAL COMMITTEE MAKING THE EXPENDITURE. IN THE
    8  CASE OF A POLITICAL COMMUNICATION THAT IS NOT VISUAL, SUCH AS  RADIO  OR
    9  AUTOMATED  TELEPHONE  CALLS, CLEARLY SPEAKING THE STATEMENT WILL SATISFY
   10  THE REQUIREMENTS OF THIS SECTION.
   11    3. POLITICAL COMMUNICATIONS  THAT  ARE  CONSIDERED  PROMOTIONAL  ITEMS
   12  WHICH  SUPPORT A PARTICULAR CANDIDATE, ELECTION, BALLOT MEASURE OR ISSUE
   13  AND LIMIT THE CONTENT OF COMMUNICATION TO THE  NAME,  OFFICE  AND  BRIEF
   14  MESSAGE  OF  SUPPORT, SHALL BE EXEMPT FROM THE PROVISIONS OF SUBDIVISION
   15  TWO OF THIS SECTION. PROMOTIONAL ITEMS SHALL BE ITEMS THAT ARE OF  NOMI-
   16  NAL  VALUE  AND  ARE  DISTRIBUTED  TO THE GENERAL PUBLIC IN AN EFFORT TO
   17  PROMOTE A  PARTICULAR  CANDIDATE,  ELECTION,  BALLOT  MEASURE  OR  ISSUE
   18  INCLUDING BUT NOT LIMITED TO PENS, BUMPER STICKERS, YARD SIGNS, BUTTONS,
   19  SHIRTS, BAGS OR BALLOONS.
   20    4.  POLITICAL  COMMUNICATION  THAT  IS  CONSIDERED DIGITAL MEDIA WHICH
   21  ADVERTISES FOR A PARTICULAR CANDIDATE, ELECTION, BALLOT MEASURE OR ISSUE
   22  WHICH LIMITS THE CONTENT OF COMMUNICATION TO THE NAME, OFFICE AND  BRIEF
   23  MESSAGE  SHALL  NOT  BE  SUBJECT TO THE PROVISIONS OF SUBDIVISION TWO OF
   24  THIS SECTION IF SUCH DIGITAL MEDIA IS UNABLE TO CONTAIN  THE  "PAID  FOR
   25  BY"  STATEMENT  DUE  TO  ITS  SMALL  SIZE AND CONTAINS A LINK TO ANOTHER
   26  WEBPAGE WHERE THE "PAID FOR BY" STATEMENT IS PROMINENTLY DISPLAYED.
   27    S 2. Subdivision 2 of section 14-107 of the election law is REPEALED.
   28    S 3. Subdivision 3 of section 14-126 of the election law, as added  by
   29  section  6  of subpart C of part H of chapter 55 of the laws of 2014, is
   30  amended to read as follows:
   31    3. [Any person who falsely identifies or knowingly fails  to  identify
   32  any  independent  expenditure  as required by subdivision two of section
   33  14-107 of this article shall be subject to a civil  penalty  up  to  one
   34  thousand  dollars  or  up to the cost of the communication, whichever is
   35  greater, in a special proceeding or civil action brought  by  the  state
   36  board  of elections chief enforcement counsel or imposed directly by the
   37  state board of elections. For purposes of  this  subdivision,  the  term
   38  "person"  shall mean a person, group of persons, corporation, unincorpo-
   39  rated business entity, labor organization or business, trade or  profes-
   40  sional  association  or organization or political committee.] ANY PERSON
   41  WHO KNOWINGLY FAILS TO DISCLOSE THE IDENTITY OF A POLITICAL COMMITTEE ON
   42  A POLITICAL COMMUNICATION AS REQUIRED BY SECTION 14-106 OF THIS  ARTICLE
   43  SHALL  BE SUBJECT TO A CIVIL PENALTY OF UP TO ONE THOUSAND DOLLARS OR UP
   44  TO THE COST OF THE COMMUNICATION, WHICHEVER IS  GREATER,  IN  A  SPECIAL
   45  PROCEEDING OR CIVIL ACTION.
   46    S 4. The state board of elections shall promulgate all rules and regu-
   47  lations  necessary  to implement the provisions of this act on or before
   48  its effective date.
   49    S 5. This act shall take effect January 1, 2016.