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

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

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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-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2157--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 21, 2015
                                      ___________
       Introduced  by  Sens.  GRIFFO, AVELLA -- read twice and ordered printed,
         and when printed to be committed to  the  Committee  on  Elections  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee
       AN ACT to amend the election law, in relation to disclosure of the iden-
         tities of political committees making certain expenditures  for  poli-
         tical 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    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.
                                                                  LBD07210-02-5
       S. 2157--A                          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 BY
    7  THE NAME OF THE POLITICAL COMMITTEE MAKING THE EXPENDITURE. IN THE  CASE
    8  OF  A POLITICAL COMMUNICATION THAT IS NOT VISUAL, SUCH AS RADIO OR AUTO-
    9  MATED TELEPHONE CALLS, CLEARLY SPEAKING THE STATEMENT WILL  SATISFY  THE
   10  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, as added by
   28  section 4 of subpart C of part H of chapter 55 of the laws of  2014,  is
   29  amended to read as follows:
   30    2.  Whenever  any  person  makes an independent expenditure that costs
   31  more than one thousand dollars  in  the  aggregate,  such  communication
   32  shall,  IN  A  MANNER  CONSISTENT  WITH  SECTION 14-106 OF THIS ARTICLE,
   33  clearly state the  name  of  the  person  who  paid  for,  or  otherwise
   34  published  or  distributed  the communication and state, with respect to
   35  communications regarding candidates,  that  the  communication  was  not
   36  expressly  authorized  or  requested  by any candidate, or by any candi-
   37  date's political committee or any of its agents.
   38    S 3. Subdivision 3 of section 14-126 of the election law, as added  by
   39  section  6  of subpart C of part H of chapter 55 of the laws of 2014, is
   40  amended to read as follows:
   41    3. Any person who falsely identifies or knowingly  fails  to  identify
   42  any  independent  expenditure  as required by subdivision two of section
   43  14-107 of this article OR ANY POLITICAL COMMITTEE AS REQUIRED IN SECTION
   44  14-106 OF THIS ARTICLE shall be subject to a civil  penalty  up  to  one
   45  thousand  dollars  or  up to the cost of the communication, whichever is
   46  greater, in a special proceeding or civil action [brought by  the  state
   47  board  of elections chief enforcement counsel or imposed directly by the
   48  state board of elections]. For purposes of this  subdivision,  the  term
   49  "person"  shall mean a person, group of persons, corporation, unincorpo-
   50  rated business entity, labor organization or business, trade or  profes-
   51  sional association or organization or political committee.
   52    S 4. The state board of elections shall promulgate all rules and regu-
   53  lations  necessary  to implement the provisions of this act on or before
   54  its effective date.
   55    S 5. This act shall take effect January 1, 2016.