S T A T E   O F   N E W   Y O R K
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                                  8074

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2009
                               ___________

Introduced  by M. of A. LATIMER -- read once and referred to the Commit-
  tee on Election Law

AN ACT to amend the election law, in relation to identifying the sources
  of campaign telephone canvasses or "push polls"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section 3-106 of the election law, as
amended by chapter 8 of the laws of 1978 and as redesignated by  chapter
9 of the laws of 1978, is amended to read as follows:
  1.  (A)  In  addition to the powers and duties elsewhere enumerated in
this article, the state board of elections, after public hearings, shall
adopt a "fair campaign code" [setting] WHICH  SHALL  SET  forth  ethical
standards  of  conduct  for  persons,  political  parties and committees
engaged in election campaigns including, but not  limited  to,  specific
prohibitions  against  practices  of political espionage and other poli-
tical practices [involving] WHICH INVOLVE subversion  of  the  political
parties  and process, SUCH AS, BUT NOT LIMITED TO, THE MISREPRESENTATION
OF THE CRIMINAL RECORD OR BACKGROUND, MORAL TURPITUDE, CHARACTER, VOTING
RECORD OR OTHER SPECIFIC ACTS OR OMISSIONS OF A CANDIDATE, TO  A  POTEN-
TIAL  VOTER,  BY  MEANS  OF PERSONAL CONTACT OR TELEPHONE CANVASS FROM A
LIST OF NAMES OF POTENTIAL VOTERS  NOT  DERIVED  FROM  A  SCIENTIFICALLY
MEASURABLE AND RANDOM SAMPLING TECHNIQUE AND WHICH CONTACT OR CANVASS IS
DESIGNED  TO  PERSUADE  VOTERS  RATHER THAN TO GATHER A RANDOM SAMPLE OF
OPINION, AS A FOUNDATION FOR ASKING A POTENTIAL VOTER  IN  ONE  OR  MORE
CANVASS  QUESTIONS  OR CANVASS SAMPLINGS WHICH ARE SPECIFICALLY DIRECTED
AT PERSUADING A VOTER RATHER THAN AT GATHERING A RANDOM SAMPLE OF  OPIN-
ION,  AND  CONDUCTED IN PERSON OR BY TELEPHONE HIS OR HER OPINION OR HOW
HE OR SHE WILL VOTE, AND SPECIFIC  REQUIREMENTS  TO  DISCLOSE  THE  TRUE
IDENTITY  OF THE CALLER AND  BY WHOM THE CANVASS WAS COMMISSIONED AND BY
WHOM IT IS CONDUCTED, SPONSORED AND PAID, AND IF PAID FOR  OR  SPONSORED
BY  ONE OR MORE CANDIDATES OR BY A POLITICAL COMMITTEE SUPPORTING ONE OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09473-01-9
              

A. 8074                             2

MORE  CANDIDATES,  REQUIRING  THAT  FACT  AND  THEIR  IDENTITIES  TO  BE
DISCLOSED TO THE POTENTIAL VOTER.
  (B)  NO  CANDIDATE,  POLITICAL  PARTY  OR  COMMITTEE  SHALL ATTEMPT TO
PROMOTE THE SUCCESS OR DEFEAT OF A CANDIDATE BY, DIRECTLY OR INDIRECTLY,
DISCLOSING OR CAUSING TO BE DISCLOSED, THE RESULTS  OF  ANY  CANVASS  OR
POLL  RELATING TO A CANDIDATE FOR SUCH OFFICE OR POSITION, UNLESS WITHIN
FORTY-EIGHT HOURS AFTER SUCH  DISCLOSURE,  THEY  PROVIDE  THE  FOLLOWING
INFORMATION  CONCERNING THE CANVASS OR POLL TO THE BOARD OR OFFICER WITH
WHOM STATEMENTS OR COPIES OF STATEMENTS OF CAMPAIGN RECEIPTS AND EXPEND-
ITURES ARE REQUIRED TO BE FILED BY THE CANDIDATE TO WHOM SUCH CANVASS OR
POLL RELATES:
  (I) THE NAME OF THE PERSON, PARTY OR ORGANIZATION THAT CONTRACTED  FOR
OR WHOM COMMISSIONED THE CANVASS OR POLL AND/OR PAID FOR IT.
  (II)  THE  NAME  AND  ADDRESS  OF  THE ORGANIZATION THAT CONDUCTED THE
CANVASS OR POLL.
  (III) THE NUMERICAL SIZE OF THE TOTAL  CANVASS  OR  POLL  SAMPLE,  THE
GEOGRAPHIC  AREA  COVERED BY THE CANVASS OR POLL AND ANY SPECIAL CHARAC-
TERISTICS OF THE POPULATION INCLUDED IN THE CANVASS OR POLL SAMPLE.
  (IV) THE EXACT WORDING OF THE QUESTIONS ASKED IN THE CANVASS  OR  POLL
AND THE SEQUENCE OF SUCH QUESTIONS.
  (V) THE METHOD OF CANVASSING OR POLLING WHETHER BY PERSONAL INTERVIEW,
TELEPHONE, MAIL OR OTHER.
  (VI) THE TIME PERIOD DURING WHICH THE CANVASS OR POLL WAS CONDUCTED.
  (VII)  THE NUMBER OF PERSONS IN THE CANVASS OR POLL SAMPLE; THE NUMBER
CONTACTED WHO RESPONDED TO EACH SPECIFIC CANVASS OR POLL  QUESTION;  THE
NUMBER OF PERSONS CONTACTED WHO DID NOT SO RESPOND.
  (VIII) THE RESULTS OF THE CANVASS OR POLL.
  S  2.  Section  14-106 of the election law, as amended by chapter 8 of
the laws of 1978, is amended to read as follows:
  S 14-106. Political  advertisements  and  literature.  The  statements
required  to be filed under the provisions of this article next succeed-
ing a primary, general or special election shall  be  accompanied  by  a
facsimile  or  copy of all advertisements, pamphlets, circulars, flyers,
brochures, letterheads and other printed matter  purchased  or  produced
and  a  schedule  of all radio or television time, AND OF ANY CANVASSING
DESIGNED OR SPECIFICALLY  DIRECTED  TO  PERSUADE  POTENTIAL  VOTERS  AND
CONDUCTED  EITHER  IN  PERSON OR BY TELEPHONE, AS DESCRIBED IN PARAGRAPH
(A) OF SUBDIVISION ONE OF SECTION 3-106 OF  THIS  CHAPTER,  and  scripts
used therein, purchased in connection with such election by or under the
authority  of  the  person  filing the statement or the committee or the
person on whose behalf it is filed, as the case may be. Such facsimiles,
copies, schedules and scripts shall be preserved  by  the  officer  with
whom  or the board with which it is required to be filed for a period of
one year from the date of filing thereof.
  S 3. The election law is amended by adding a  new  section  17-153  to
read as follows:
  S  17-153.  UNLAWFUL CANVASSING.   IT SHALL BE UNLAWFUL FOR ANY CANDI-
DATE, POLITICAL COMMITTEE OR CONSTITUTED COMMITTEE, OR FOR AN  AGENT  OR
EMPLOYEE  OF,  OR  CONTRACTOR OR FIRM HIRED BY, ANY OF THE FOREGOING, OR
FOR ANY OTHER COMMITTEE, ASSOCIATION, PARTNERSHIP, CORPORATION, CAMPAIGN
WORKER OR VOLUNTEER OR OTHER PERSON, TO INITIATE, COMMISSION, SPONSOR OR
PARTICIPATE IN A CANVASS CONDUCTED EITHER IN PERSON OR BY TELEPHONE FROM
A LIST OF NAMES OF POTENTIAL VOTERS NOT DERIVED  FROM  A  SCIENTIFICALLY
MEASURABLE AND RANDOM SAMPLING TECHNIQUE AND WHICH CONTACT OR CANVASS IS
DESIGNED  TO  PERSUADE  VOTERS  RATHER THAN TO GATHER A RANDOM SAMPLE OF
OPINION, OF POTENTIAL VOTERS RESPECTING ONE  OR  MORE  OF  SUCH  VOTER'S

A. 8074                             3

PREFERENCES AMONG CANDIDATES OR FOR WHOM SUCH VOTER WILL VOTE, OR SOLIC-
ITING  SUCH VOTER'S OPINION ON A CAMPAIGN ISSUE, PRECEDED BY ONE OR MORE
MISREPRESENTATIONS FROM THE KINDS DESCRIBED IN PARAGRAPH (A) OF SUBDIVI-
SION ONE OF SECTION 3-106 OF THIS CHAPTER, IN ANY INSTANCE IN CONNECTION
WITH  A SUBSEQUENT PRIMARY, GENERAL, SPECIAL OR SCHOOL BOARD ELECTION TO
BE HELD WITHIN THIS STATE UNLESS AT THE BEGINNING OF  THE  EXECUTION  OF
THE CANVASS, THE PERSON IN DIRECT CONTACT WITH THE POTENTIAL VOTER IDEN-
TIFIES TO THE POTENTIAL VOTER THE TRUE NAME OF THE SPONSOR OR SOURCE, OF
THE  CANVASS, INCLUDING THE TRUE NAME, IF ANY, OF THE SPECIFIC CANDIDATE
OR COMMITTEE SUPPORTING A CANDIDATE ON BEHALF  OF  WHOM  THE  PERSON  IN
DIRECT  CONTACT  WITH  THE  POTENTIAL  VOTER WILL BE ASKING QUESTIONS OR
IMPARTING INFORMATION; AND, IF THE NAME OF THE COMMITTEE OR OTHER ENTITY
OR PERSON WHICH HAS OR WHO HAS  INITIATED,  COMMISSIONED,  SPONSORED  OR
PARTICIPATED  IN  THE TELEPHONE OR IN-PERSON CANVASS OF POTENTIAL VOTERS
DOES NOT INCLUDE THE NAME OF THE CANDIDATE AFFILIATED WITH OR  SUPPORTED
BY  SUCH  COMMITTEE,  OTHER  ENTITY OR PERSON, THEN THE CANDIDATE'S NAME
MUST BE DISCLOSED AT THE BEGINNING OF THE EXECUTION OF SUCH CANVASS,  IN
ADDITION TO THE NAME OF SUCH COMMITTEE, OTHER ENTITY OR PERSON.
  ANY  CANDIDATE, POLITICAL COMMITTEE OR CONSTITUTED COMMITTEE, OR AGENT
OR EMPLOYEE OF, OR CONTRACTOR OR FIRM HIRED BY, ANY OF THE FOREGOING, OR
ANY OTHER COMMITTEE,  ASSOCIATION,  PARTNERSHIP,  CORPORATION,  CAMPAIGN
WORKER  OR  VOLUNTEER  OR OTHER PERSON, WHO OR WHICH VIOLATES ANY OF THE
FOREGOING PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A CLASS A MISDE-
MEANOR, WHICH SHALL BE PUNISHABLE AS PROVIDED IN THE PENAL LAW  NOTWITH-
STANDING THE PROVISIONS OF SECTION 17-166 OF THIS ARTICLE.
  S 4. This act shall take effect on the first of December next succeed-
ing  the  date  on  which it shall have become a law, provided, however,
that effective immediately, the addition, amendment and  repeal  of  any
rules  and  regulations  necessary for the implementation of this act on
its effective date are authorized and directed to be made and  completed
on or before such effective date.