Bill Text: NY S08081 | 2009-2010 | General Assembly | Introduced
Bill Title: Requires greater disclosure and transparency of campaign finance information; provides for independent expenditure reporting; prohibits a person, campaign committee or political party from falsely identifying the source of a political communication.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2010-06-16 - COMMITTEE DISCHARGED AND COMMITTED TO RULES [S08081 Detail]
Download: New_York-2009-S08081-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8081
I N S E N A T E
June 4, 2010
___________
Introduced by Sen. SAMPSON -- 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 political communi-
cation, independent expenditure reporting, enforcement proceeding and
penalties for violations
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
2 three new subdivisions 12, 13 and 14 to read as follows:
3 12. "CLEARLY IDENTIFIED CANDIDATE" MEANS THAT:
4 (A) THE NAME OF THE CANDIDATE INVOLVED APPEARS;
5 (B) A PHOTOGRAPH OR DRAWING OF THE CANDIDATE APPEARS; OR
6 (C) THE IDENTITY OF THE CANDIDATE IS APPARENT BY UNAMBIGUOUS REFER-
7 ENCE.
8 13. "GENERAL PUBLIC AUDIENCE" MEANS AN AUDIENCE COMPOSED OF MEMBERS OF
9 THE PUBLIC, INCLUDING A TARGETED SUBGROUP OF MEMBERS OF THE PUBLIC;
10 PROVIDED, HOWEVER, IT DOES NOT MEAN AN AUDIENCE SOLELY COMPRISED OF
11 MEMBERS, RETIREES AND STAFF OF A LABOR ORGANIZATION OR THEIR IMMEDIATE
12 FAMILY MEMBERS OR AN AUDIENCE SOLELY COMPRISED OF EMPLOYEES OF A CORPO-
13 RATION, UNINCORPORATED BUSINESS ENTITY OR MEMBERS OF A BUSINESS, TRADE
14 OR PROFESSIONAL ASSOCIATION OR ORGANIZATION.
15 14. "LABOR ORGANIZATION" MEANS ANY ORGANIZATION OF ANY KIND WHICH
16 EXISTS FOR THE PURPOSE, IN WHOLE OR IN PART, OF REPRESENTING EMPLOYEES
17 EMPLOYED WITHIN THE STATE OF NEW YORK IN DEALING WITH EMPLOYERS OR
18 EMPLOYER ORGANIZATIONS OR WITH A STATE GOVERNMENT, OR ANY POLITICAL OR
19 CIVIL SUBDIVISION OR OTHER AGENCY THEREOF, CONCERNING TERMS AND CONDI-
20 TIONS OF EMPLOYMENT, GRIEVANCES, LABOR DISPUTES, OR OTHER MATTERS INCI-
21 DENTAL TO THE EMPLOYMENT RELATIONSHIP. FOR THE PURPOSES OF THIS ARTI-
22 CLE, EACH LOCAL, PARENT NATIONAL OR PARENT INTERNATIONAL ORGANIZATION OF
23 A STATEWIDE LABOR ORGANIZATION, AND EACH STATEWIDE FEDERATION RECEIVING
24 DUES FROM SUBSIDIARY LABOR ORGANIZATIONS, SHALL BE CONSIDERED A SEPARATE
25 LABOR ORGANIZATION.
26 S 2. Section 14-106 of the election law, as amended by chapter 8 of
27 the laws of 1978, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17398-03-0
S. 8081 2
1 S 14-106. Political [advertisements and literature] COMMUNICATION. 1.
2 The statements required to be filed under the provisions of this article
3 next succeeding a primary, general or special election shall be accompa-
4 nied by a [facsimile or] copy of all BROADCAST, CABLE OR SATELLITE SCHE-
5 DULES AND SCRIPTS, advertisements, pamphlets, circulars, flyers,
6 brochures, letterheads and other printed matter purchased or produced
7 [and a schedule of all radio or television time, and scripts used there-
8 in], AND REPRODUCTIONS OF STATEMENTS OR INFORMATION CONVEYED TO FIVE
9 HUNDRED OR MORE MEMBERS OF A GENERAL PUBLIC AUDIENCE BY COMPUTER OR
10 OTHER ELECTRONIC DEVICE, purchased in connection with such election by
11 or under the authority of the person filing the statement or the commit-
12 tee or the person on whose behalf it is filed, as the case may be. Such
13 [facsimiles,] copies, schedules and scripts shall be preserved by the
14 officer with whom or the board with which it is required to be filed for
15 a period of one year from the date of filing thereof.
16 2. NO PERSON, POLITICAL PARTY OR COMMITTEE SHALL, DURING THE COURSE OF
17 ANY CAMPAIGN FOR NOMINATION OR ELECTION TO PUBLIC OFFICE OR PARTY POSI-
18 TION, PREPARE OR DISTRIBUTE ANY POLITICAL COMMUNICATION THAT FALSELY
19 IDENTIFIES THE SOURCE OF SUCH COMMUNICATION.
20 S 3. The election law is amended by adding a new section 14-107 to
21 read as follows:
22 S 14-107. INDEPENDENT EXPENDITURE REPORTING. 1. FOR PURPOSES OF THIS
23 ARTICLE:
24 (A) "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE BY A PERSON
25 FOR AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC AUDIENCE VIA
26 BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION TO A GENERAL
27 PUBLIC AUDIENCE VIA ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS,
28 BROCHURES, LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
29 MATION CONVEYED TO FIVE HUNDRED OR MORE MEMBERS OF A GENERAL PUBLIC
30 AUDIENCE BY COMPUTER OR OTHER ELECTRONIC DEVICES WHICH: (I) EXPRESSLY
31 ADVOCATES THE ELECTION OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE OR
32 THE SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE, THE
33 CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL COMMITTEE
34 FORMED TO PROMOTE THE SUCCESS OR DEFEAT OF A BALLOT PROPOSAL OR ITS
35 AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN ANY
36 SUCH COMMUNICATION.
37 (B) INDEPENDENT EXPENDITURES DO NOT INCLUDE:
38 (I) A WRITTEN NEWS STORY, COMMENTARY, OR EDITORIAL OR A NEWS STORY,
39 COMMENTARY, OR EDITORIAL DISTRIBUTED THROUGH THE FACILITIES OF ANY
40 BROADCASTING STATION, CABLE OR SATELLITE UNLESS SUCH PUBLICATION OR
41 FACILITIES ARE OWNED OR CONTROLLED BY ANY POLITICAL PARTY, POLITICAL
42 COMMITTEE OR CANDIDATE; OR
43 (II) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR
44 (III) A COMMUNICATION WHICH CONSTITUTES AN EXPENDITURE MADE BY AN
45 ENTITY REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS
46 PURSUANT TO SECTIONS 14-102 AND 14-104 OF THIS ARTICLE.
47 (C) FOR PURPOSES OF THIS SECTION, THE TERM "PERSON" SHALL MEAN PERSON,
48 GROUP OF PERSONS, CORPORATION, UNINCORPORATED BUSINESS ENTITY, LABOR
49 ORGANIZATION OR BUSINESS, TRADE OR PROFESSIONAL ASSOCIATION OR ORGANIZA-
50 TION.
51 2. WHENEVER ANY PERSON MAKES AN INDEPENDENT EXPENDITURE THAT COSTS
52 MORE THAN ONE THOUSAND DOLLARS IN THE AGGREGATE, SUCH COMMUNICATION
53 SHALL CLEARLY STATE THE NAME OF THE PERSON WHO PAID FOR, OR OTHERWISE
54 PUBLISHED OR DISTRIBUTED, THE COMMUNICATION AND STATE, WITH RESPECT TO
55 COMMUNICATIONS REGARDING CANDIDATES, THAT THE COMMUNICATION IS NOT
S. 8081 3
1 AUTHORIZED BY ANY CANDIDATE, ANY CANDIDATE'S POLITICAL COMMITTEE OR ANY
2 OF ITS AGENTS.
3 3. (A) ANY PERSON WHICH MAKES INDEPENDENT EXPENDITURES THAT COST MORE
4 THAN ONE THOUSAND DOLLARS IN THE AGGREGATE SHALL REPORT SUCH INDEPENDENT
5 EXPENDITURES TO THE STATE BOARD OF ELECTIONS ON STATEMENTS AS PROVIDED
6 FOR IN SECTION 14-108 OF THIS ARTICLE.
7 (B) ANY INDEPENDENT EXPENDITURE MADE AFTER THE CLOSE OF THE PERIOD TO
8 BE COVERED IN THE LAST STATEMENT FILED BEFORE ANY PRIMARY, GENERAL OR
9 SPECIAL ELECTION, BUT BEFORE SUCH ELECTION, SHALL BE REPORTED WITHIN
10 TWENTY-FOUR HOURS IN THE SAME MANNER AS PROVIDED FOR IN SUBDIVISION TWO
11 OF SECTION 14-108 OF THIS ARTICLE.
12 4. EACH SUCH STATEMENT SHALL INCLUDE:
13 (A) THE NAME AND ADDRESS OF THE PERSON MAKING THE STATEMENT;
14 (B) THE NAME AND ADDRESS OF THE PERSON MAKING THE INDEPENDENT EXPENDI-
15 TURE;
16 (C) THE NAME AND ADDRESS OF ANY PERSON OR ENTITY PROVIDING A GIFT,
17 LOAN, ADVANCE OR DEPOSIT OF ONE HUNDRED DOLLARS OR MORE FOR THE INDE-
18 PENDENT EXPENDITURE, OR THE PROVISION OF SERVICES FOR THE SAME, AND THE
19 DATE IT WAS GIVEN; PROVIDED, HOWEVER, THE NAME AND ADDRESS OF A MEMBER
20 OF A LABOR ORGANIZATION IS NOT REQUIRED FOR A GIFT, LOAN, ADVANCE OR
21 DEPOSIT OF ONE HUNDRED DOLLARS OR MORE TO A LABOR ORGANIZATION; AND
22 PROVIDED FURTHER THAT THE NAME AND ADDRESS OF AN EMPLOYEE OF A CORPO-
23 RATION, UNINCORPORATED BUSINESS ENTITY OR A MEMBER OF A BUSINESS, TRADE
24 OR PROFESSIONAL ASSOCIATION OR ORGANIZATION IS NOT REQUIRED FOR A GIFT,
25 LOAN, ADVANCE OR DEPOSIT OF ONE HUNDRED DOLLARS OR MORE TO SUCH CORPO-
26 RATION, UNINCORPORATED BUSINESS ENTITY OR BUSINESS, TRADE OR PROFES-
27 SIONAL ASSOCIATION OR ORGANIZATION RESPECTIVELY;
28 (D) THE DOLLAR AMOUNT PAID FOR EACH INDEPENDENT EXPENDITURE, THE NAME
29 AND ADDRESS OF THE PERSON OR ENTITY RECEIVING THE PAYMENT, THE DATE THE
30 PAYMENT WAS MADE AND A DESCRIPTION OF THE INDEPENDENT EXPENDITURE; AND
31 (E) THE ELECTION TO WHICH THE INDEPENDENT EXPENDITURE PERTAINS AND THE
32 NAME OF THE CLEARLY IDENTIFIED CANDIDATE OR THE BALLOT PROPOSAL REFER-
33 ENCED.
34 5. A COPY OF ALL MATERIALS THAT PERTAIN TO THE INDEPENDENT EXPENDI-
35 TURE, INCLUDING BUT NOT LIMITED TO BROADCAST, CABLE OR SATELLITE SCHED-
36 ULE AND SCRIPTS, ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS,
37 BROCHURES, LETTERHEADS AND OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
38 MATION CONVEYED TO FIVE HUNDRED OR MORE MEMBERS OF A GENERAL PUBLIC
39 AUDIENCE BY COMPUTER OR OTHER ELECTRONIC DEVICES SHALL BE FILED WITH THE
40 STATE BOARD OF ELECTIONS WITH THE STATEMENTS REQUIRED BY SECTION 14-108
41 OF THIS ARTICLE.
42 6. WRITTEN EVIDENCE OF THE INDEBTEDNESS RELATED TO A LOAN THAT IS MADE
43 FOR AN INDEPENDENT EXPENDITURE SHALL BE PROVIDED TO THE STATE BOARD OF
44 ELECTIONS.
45 7. EVERY STATEMENT REQUIRED TO BE FILED PURSUANT TO THIS SECTION SHALL
46 BE FILED ELECTRONICALLY TO THE STATE BOARD OF ELECTIONS.
47 8. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE REGULATIONS WITH
48 RESPECT TO THE STATEMENTS REQUIRED TO BE FILED BY THIS SECTION AND SHALL
49 PROVIDE FORMS SUITABLE FOR SUCH STATEMENTS.
50 S 4. Section 14-126 of the election law, as amended by chapter 8 of
51 the laws of 1978, subdivision 1 as amended by chapter 128 of the laws of
52 1994 and subdivisions 2, 3 and 4 as redesignated by chapter 9 of the
53 laws of 1978, is amended to read as follows:
54 S 14-126. Violations; penalties. 1. Any person who fails to file a
55 statement required to be filed by this article shall be subject to a
56 civil penalty, not in excess of five hundred dollars, to be recoverable
S. 8081 4
1 in a special proceeding or civil action to be brought by the state board
2 of elections or other board of elections.
3 2. ANY PERSON, POLITICAL PARTY OR COMMITTEE WHO FALSELY IDENTIFIES ANY
4 POLITICAL COMMUNICATION AS PROHIBITED BY SUBDIVISION TWO OF SECTION
5 14-106 OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY EQUAL TO ONE
6 THOUSAND DOLLARS OR THE COST OF THE COMMUNICATION, WHICHEVER IS GREATER,
7 IN A SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE STATE BOARD OF
8 ELECTIONS PURSUANT TO SECTION 16-120 OF THIS CHAPTER.
9 3. ANY PERSON WHO FALSELY IDENTIFIES OR FAILS TO IDENTIFY ANY INDE-
10 PENDENT EXPENDITURE AS REQUIRED BY SUBDIVISION TWO OF SECTION 14-107 OF
11 THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY EQUAL TO ONE THOUSAND
12 DOLLARS OR THE COST OF THE COMMUNICATION, WHICHEVER IS GREATER, IN A
13 SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE STATE BOARD OF
14 ELECTIONS PURSUANT TO SECTION 16-120 OF THIS CHAPTER. FOR PURPOSES OF
15 THIS SUBDIVISION, THE TERM "PERSON" SHALL MEAN A PERSON, GROUP OF
16 PERSONS, CORPORATION, UNINCORPORATED BUSINESS ENTITY, LABOR ORGANIZATION
17 OR BUSINESS, TRADE OR PROFESSIONAL ASSOCIATION OR ORGANIZATION.
18 4. Any person who knowingly and willfully fails to file a statement
19 required to be filed by this article within ten days after the date
20 provided for filing such statement or any person who knowingly and will-
21 fully violates any other provision of this article shall be guilty of a
22 misdemeanor.
23 [3.] 5. Any person who knowingly and willfully contributes, accepts or
24 aids or participates in the acceptance of a contribution in an amount
25 exceeding an applicable maximum specified in this article shall be guil-
26 ty of a misdemeanor.
27 [4.] 6. Any person who shall, acting on behalf of a candidate or poli-
28 tical committee, knowingly and willfully solicit, organize or coordinate
29 the formation of activities of one or more unauthorized committees, make
30 expenditures in connection with the nomination for election or election
31 of any candidate, or solicit any person to make any such expenditures,
32 for the purpose of evading the contribution limitations of this article,
33 shall be guilty of a class E felony.
34 S 5. The election law is amended by adding a new section 16-120 to
35 read as follows:
36 S 16-120. PROCEEDINGS AS TO POLITICAL COMMUNICATIONS AND INDEPENDENT
37 EXPENDITURES. THE SUPREME COURT OR A JUSTICE THEREOF, IN A PROCEEDING
38 INSTITUTED BY THE STATE BOARD OF ELECTIONS, MAY IMPOSE A CIVIL PENALTY,
39 AS PROVIDED IN SUBDIVISIONS TWO AND THREE OF SECTION 14-126 OF THIS
40 CHAPTER, UPON PROOF THAT A VIOLATION OF ONE OR MORE OF SUCH SUBDIVISIONS
41 HAS OCCURRED.
42 S 6. This act shall take effect immediately.
