Bill Text: NY S06675 | 2023-2024 | General Assembly | Introduced


Bill Title: Requires public-facing websites operated by political committees to contain "paid for by" language; adds such public-facing websites to the list of political communications that qualify as independent expenditures.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2024-01-08 - referred to election law [S06675 Detail]

Download: New_York-2023-S06675-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6675

                               2023-2024 Regular Sessions

                    IN SENATE

                                       May 4, 2023
                                       ___________

        Introduced  by  Sen. BRESLIN -- 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 public-facing  websites
          operated by political committees

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2 of section 14-106 of  the  election  law,  as
     2  added by chapter 454 of the laws of 2019, is amended to read as follows:
     3    2.  All  political committees that make an expenditure for a political
     4  communication shall be required to disclose the identity  of  the  poli-
     5  tical  committee  which made the expenditure for such political communi-
     6  cation. The disclosure on printed or digital  political  communications,
     7  including but not limited to brochures, flyers, posters, mailings, publ-
     8  ic-facing websites, or internet advertising shall be printed or typed in
     9  an  appropriate legible form to read as follows: "Paid for by:" followed
    10  by the name of the  political  committee  making  the  expenditure.  The
    11  disclosure  on  non-printed  or  digital  political communications shall
    12  clearly and prominently display and/or speak  the  following  statement:
    13  "Paid  for  by:"  followed by the name of the political committee making
    14  the expenditure. In the case of a political communication  that  is  not
    15  visual, such as radio or automated telephone calls, clearly speaking the
    16  statement  will satisfy the requirements of this section. In the case of
    17  a public-facing website paid for, hosted, and/or operated by a political
    18  committee, the disclosure shall be clearly displayed within each naviga-
    19  ble webpage of such website.
    20    § 2. Paragraph (a) and subparagraph (v) of paragraph (b)  of  subdivi-
    21  sion  1  of section 14-107 of the election law, paragraph (a) as amended
    22  by section 4 of part JJJ of chapter 59 of the laws of 2018 and  subpara-
    23  graph  (v) of paragraph (b) as amended by section 1 of part A of chapter
    24  286 of the laws of 2016, are amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11089-02-3

        S. 6675                             2

     1    (a) "Independent expenditure" means an expenditure made  by  an  inde-
     2  pendent  expenditure  committee  in  the  form  of (i) an audio or video
     3  communication via broadcast, cable or satellite, (ii) a written communi-
     4  cation via  advertisements,  pamphlets,  circulars,  flyers,  brochures,
     5  letterheads  or (iii) other published statements, where such expenditure
     6  is conveyed to five hundred or more members of a  general  public  audi-
     7  ence,  or  in  the  form  of  any paid internet or digital advertisement
     8  targeted to fifty or more members of a general public  audience,  or  in
     9  the  form  of  a  public-facing website, which: (i) irrespective of when
    10  such communication is made, contains words  such  as  "vote,"  "oppose,"
    11  "support,"  "elect,"  "defeat," or "reject," which call for the election
    12  or defeat of the clearly identified candidate, (ii) refers to and  advo-
    13  cates  for  or against a clearly identified candidate or ballot proposal
    14  on or after January first of the year of  the  election  in  which  such
    15  candidate is seeking office or such proposal shall appear on the ballot,
    16  or  (iii) within sixty days before a general or special election for the
    17  office sought by the candidate or thirty days before a primary election,
    18  includes or references a clearly identified  candidate.  An  independent
    19  expenditure  shall  not include communications where such candidate, the
    20  candidate's political committee or its agents, a party committee or  its
    21  agents,  or a constituted committee or its agents or a political commit-
    22  tee formed to promote the success or defeat of a ballot proposal or  its
    23  agents,  did  authorize,  request,  suggest, foster or cooperate in such
    24  communication.
    25    (v) a communication published on the  Internet,  unless  the  communi-
    26  cation  is  a  paid  advertisement  or a public-facing website paid for,
    27  hosted, and/or operated by a political committee.
    28    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    29  have become a law.
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