Bill Text: NY S05980 | 2013-2014 | General Assembly | Amended

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

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Bill Title: Requires the disclosure of the identity of certain entities making expenditures for political communications and provides penalties for failure to do so.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2014-06-04 - PRINT NUMBER 5980D [S05980 Detail]

Download: New_York-2013-S05980-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5980--C
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   November 6, 2013
                                      ___________
       Introduced  by Sens. GRIFFO, ADDABBO, AVELLA, ESPAILLAT, HOYLMAN, KRUEG-
         ER, LATIMER -- read twice and ordered printed, and when printed to  be
         committed  to  the  Committee  on  Rules -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee  --  recommitted  to the Committee on Elections in accordance with
         Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
         reprinted  as  amended  and recommitted to said committee -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11774-08-4
       S. 5980--C                          2
    1  scripts  shall  be  preserved by the officer with whom or the board with
    2  which it is required to be filed for a period of one year from the  date
    3  of filing thereof.
    4    2.  ALL  POLITICAL COMMITTEES THAT MAKE AN EXPENDITURE FOR A POLITICAL
    5  COMMUNICATION SHALL BE REQUIRED TO DISCLOSE THE IDENTITY  OF  THE  POLI-
    6  TICAL  COMMITTEE  WHICH MADE THE EXPENDITURE FOR SUCH POLITICAL COMMUNI-
    7  CATION. THE DISCLOSURE ON PRINTED OR DIGITAL  POLITICAL  COMMUNICATIONS,
    8  INCLUDING  BUT  NOT  LIMITED TO BROCHURES, FLYERS, POSTERS, MAILINGS, OR
    9  INTERNET ADVERTISING SHALL BE PRINTED OR TYPED IN AN APPROPRIATE LEGIBLE
   10  FORM TO READ AS FOLLOWS: "PAID FOR BY:" FOLLOWED  BY  THE  NAME  OF  THE
   11  POLITICAL COMMITTEE MAKING THE EXPENDITURE. THE DISCLOSURE ON NON-PRINT-
   12  ED  OR  DIGITAL  POLITICAL  COMMUNICATIONS SHALL CLEARLY AND PROMINENTLY
   13  DISPLAY AND/OR SPEAK THE FOLLOWING STATEMENT:  "PAID FOR  BY:"  FOLLOWED
   14  BY  THE  NAME  OF THE POLITICAL COMMITTEE MAKING THE EXPENDITURE. IN THE
   15  CASE OF A POLITICAL COMMUNICATION THAT IS NOT VISUAL, SUCH AS  RADIO  OR
   16  AUTOMATED  TELEPHONE  CALLS, CLEARLY SPEAKING THE STATEMENT WILL SATISFY
   17  THE REQUIREMENTS OF THIS SECTION.
   18    3. POLITICAL COMMUNICATIONS  THAT  ARE  CONSIDERED  PROMOTIONAL  ITEMS
   19  WHICH  SUPPORT A PARTICULAR CANDIDATE, ELECTION, BALLOT MEASURE OR ISSUE
   20  AND LIMIT THE CONTENT OF COMMUNICATION TO THE  NAME,  OFFICE  AND  BRIEF
   21  MESSAGE  OF  SUPPORT, SHALL BE EXEMPT FROM THE PROVISIONS OF SUBDIVISION
   22  TWO OF THIS SECTION. PROMOTIONAL ITEMS SHALL BE ITEMS THAT ARE OF  NOMI-
   23  NAL  VALUE  AND  ARE  DISTRIBUTED  TO THE GENERAL PUBLIC IN AN EFFORT TO
   24  PROMOTE A  PARTICULAR  CANDIDATE,  ELECTION,  BALLOT  MEASURE  OR  ISSUE
   25  INCLUDING BUT NOT LIMITED TO PENS, BUMPER STICKERS, YARD SIGNS, BUTTONS,
   26  SHIRTS, BAGS OR BALLOONS.
   27    4.  POLITICAL  COMMUNICATION  THAT  IS  CONSIDERED DIGITAL MEDIA WHICH
   28  ADVERTISES FOR A PARTICULAR CANDIDATE, ELECTION, BALLOT MEASURE OR ISSUE
   29  WHICH LIMITS THE CONTENT OF COMMUNICATION TO THE NAME, OFFICE AND  BRIEF
   30  MESSAGE  SHALL  NOT  BE  SUBJECT TO THE PROVISIONS OF SUBDIVISION TWO OF
   31  THIS SECTION IF SUCH DIGITAL MEDIA IS UNABLE TO CONTAIN  THE  "PAID  FOR
   32  BY"  STATEMENT  DUE  TO  ITS  SMALL  SIZE AND CONTAINS A LINK TO ANOTHER
   33  WEBPAGE WHERE THE "PAID FOR BY" STATEMENT IS PROMINENTLY DISPLAYED.
   34    S 2. Subdivision 2 of section 14-107 of the election law is REPEALED.
   35    S 3. Subdivision 4 of section 14-126 of the election law, as added  by
   36  section  6  of subpart C of part H of chapter 55 of the laws of 2014, is
   37  amended to read as follows:
   38    4. [Any person who knowingly and willfully fails to file  a  statement
   39  required  to  be  filed  by  this article within ten days after the date
   40  provided for filing such statement or any person who knowingly and will-
   41  fully violates any other provision of this article shall be guilty of  a
   42  misdemeanor]  ANY PERSON WHO KNOWINGLY FAILS TO DISCLOSE THE IDENTITY OF
   43  A POLITICAL COMMITTEE  ON  A  POLITICAL  COMMUNICATION  AS  REQUIRED  BY
   44  SECTION 14-106 OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY OF UP
   45  TO ONE THOUSAND DOLLARS OR UP TO THE COST OF THE COMMUNICATION, WHICHEV-
   46  ER IS GREATER, IN A SPECIAL PROCEEDING OR CIVIL ACTION.
   47    S 4. The state board of elections shall promulgate all rules and regu-
   48  lations  necessary  to implement the provisions of this act on or before
   49  its effective date.
   50    S 5. This act shall take effect January  1,  2015;  provided  that  if
   51  subpart  C  of part H of chapter 55 of the laws of 2014 is not in effect
   52  on such date, then this act shall take effect on the same  date  and  in
   53  the same manner as such subpart, as amended, takes effect.