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

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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5980
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   November 6, 2013
                                      ___________
       Introduced  by  Sens.  GRIFFO, AVELLA -- read twice and ordered printed,
         and when printed to be committed to the Committee on Rules
       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
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 14-100 of the election law is amended by  adding  a
    2  new subdivision 12 to read as follows:
    3    12.  "POLITICAL  COMMUNICATION"  MEANS  ANY PRINT, RADIO, TELEVISED OR
    4  INTERNET ADVERTISING, BROCHURE, FLYER, POSTER, MAILING OR OTHER COMMUNI-
    5  CATION THAT ADVOCATES FOR OR AGAINST A CANDIDATE, ELECTION, BALLOT MEAS-
    6  URE OR ISSUE.
    7    S 2. The election law is amended by adding a  new  section  14-132  to
    8  read as follows:
    9    S  14-132.  POLITICAL  COMMUNICATION DISCLOSURE. 1.   ANY CANDIDATE OR
   10  POLITICAL COMMITTEE THAT MAKES AN EXPENDITURE FOR A  POLITICAL  COMMUNI-
   11  CATION,  WHICH  ADVOCATES  FOR  OR  AGAINST A CANDIDATE, BALLOT MEASURE,
   12  ELECTION OUTCOME, OR ISSUE, SHALL BE REQUIRED TO HAVE  THE  IDENTITY  OF
   13  THE  CANDIDATE OR POLITICAL COMMITTEE DISCLOSED ON SUCH POLITICAL COMMU-
   14  NICATION. THE DISCLOSURE ON PRINTED POLITICAL COMMUNICATIONS,  INCLUDING
   15  BUT NOT LIMITED TO BROCHURES, FLYERS, POSTERS, MAILINGS, INTERNET ADVER-
   16  TISEMENTS,  SHALL BE PRINTED OR TYPED IN AN APPROPRIATE AND LEGIBLE FORM
   17  TO READ AS FOLLOWS: "PAID FOR BY: [REGISTERED NAME OF CANDIDATE OR POLI-
   18  TICAL COMMITTEE THAT MADE EXPENDITURE]".
   19    2. THE DISCLOSURE ON NON-PRINTED POLITICAL COMMUNICATIONS SHALL CLEAR-
   20  LY AND PROMINENTLY DISPLAY AND SPEAK THE FOLLOWING STATEMENT: "PAID  FOR
   21  BY:  [REGISTERED  NAME  OF  CANDIDATE  OR  POLITICAL COMMITTEE THAT MADE
   22  EXPENDITURE]". IN THE CASE OF A  POLITICAL  COMMUNICATION  THAT  IS  NOT
   23  VISUAL, SUCH AS RADIO OR AUTOMATED TELEPHONE CALLS, CLEARLY SPEAKING THE
   24  STATEMENT WILL SATISFY THE REQUIREMENTS OF THE SECTION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11774-02-3
       S. 5980                             2
    1    3.  NOVELTY  ITEMS,  THAT  SUPPORT  A  PARTICULAR CANDIDATE, ELECTION,
    2  BALLOT MEASURE OR ISSUE AND LIMITS THE CONTENT OF COMMUNICATION  TO  THE
    3  NAME,  OFFICE  AND  BRIEF  MESSAGE  OF SUPPORT, SHALL BE EXEMPT FROM THE
    4  PROVISIONS OF THIS SECTION.   NOVELTY ITEMS SHALL  INCLUDE  BUT  NOT  BE
    5  LIMITED TO, PENS, BUMPER STICKERS, YARD SIGNS, BUTTONS AND SIGNS.
    6    4.  A.  ANY  PERSON  WHO FAILS TO MAKE A DISCLOSURE AS REQUIRED BY THE
    7  PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY,  NOT  IN
    8  EXCESS  OF TEN THOUSAND DOLLARS FOR EACH VIOLATION, TO BE RECOVERABLE IN
    9  A SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT BY THE STATE BOARD OF
   10  ELECTIONS OR OTHER BOARD OF ELECTIONS.
   11    B. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION THREE  TIMES
   12  UPON  THE  OCCURRENCE OF THE THIRD VIOLATION SHALL BE GUILTY OF A MISDE-
   13  MEANOR.
   14    S 3. This act shall take effect immediately.