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

                                   690

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of A. SILVER, MORELLE, CUSICK, COOK, ORTIZ, LUPARDO,
  CAHILL, CLARK, LIFTON, O'DONNELL, MAGNARELLI -- Multi-Sponsored by  --
  M.  of A. ABINANTI, BARRETT, BARRON, BRINDISI, BUCHWALD, COLTON, CRES-
  PO, CYMBROWITZ, DenDEKKER, DINOWITZ, FAHY,  GABRYSZAK,  GALEF,  GLICK,
  GOTTFRIED, HENNESSY, JAFFEE, KELLNER, MAGEE, MAYER, McDONALD, MILLMAN,
  MOSLEY,  NOLAN,  PAULIN,  PRETLOW,  RAMOS,  ROBERTS,  RODRIGUEZ, ROSA,
  ROSENTHAL, RUSSELL, SANTABARBARA, SCARBOROUGH, SCHIMEL, SIMOTAS, SKAR-
  TADOS, STECK, STIRPE, SWEENEY, WEINSTEIN, WEISENBERG, WRIGHT,  ZEBROW-
  SKI -- read once and referred to the Committee on Election Law

AN  ACT  to  amend  the  election  law, in relation to defining the term
  "express advocacy"

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

  Section  1.  Subdivision  1  of section 14-100 of the election law, as
amended by chapter 71 of the  laws  of  1988,  is  amended  to  read  as
follows:
  1. "political committee" means any corporation aiding or promoting and
any  committee,  political  club  or  combination of one or more persons
operating or co-operating to aid or to promote the success or defeat  of
a  political party or principle, or of any ballot proposal; or to aid or
take part in the election or defeat of a candidate for public office  or
to  aid  or take part in the election or defeat of a candidate for nomi-
nation at a primary election or convention,  including  all  proceedings
prior to such primary election, or of a candidate for any party position
voted  for  at a primary election, or to aid or defeat the nomination by
petition of an independent candidate for public office; but  nothing  in
this  article  shall  apply  to  any  committee  or organization for the
discussion or advancement of political questions or  principles  without
connection  with  any  vote or to a national committee organized for the
election  of  presidential  or  vice-presidential  candidates;  PROVIDED

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

                                                           LBD02373-01-3

A. 690                              2

HOWEVER  THAT  EXPRESS ADVOCACY AS DEFINED BY SUBDIVISION TWELVE OF THIS
SECTION SHALL BE SUBJECT TO THE PROVISIONS OF  THIS  ARTICLE;  provided,
[however]  FURTHER,  that a person or corporation making contribution or
contributions  to  a  candidate or a political committee which has filed
pursuant to section 14-118 OF THIS  ARTICLE  shall  not,  by  that  fact
alone, be deemed to be a political committee as herein defined.
  S  2.  Section 14-100 of the election law is amended by adding two new
subdivisions 12 and 13 to read as follows:
  12. "EXPRESS ADVOCACY" MEANS A COMMUNICATION:
  (1) THAT CONTAINS EXPRESS WORDS SUCH AS VOTE, OPPOSE, SUPPORT,  ELECT,
DEFEAT, OR REJECT, WHICH CALL FOR THE ELECTION OR DEFEAT OF A CANDIDATE,
OR
  (2)  WHEN  TAKEN AS A WHOLE WITH LIMITED REFERENCE TO EXTERNAL EVENTS,
SUCH AS THE PROXIMITY TO THE ELECTION, COULD ONLY BE  INTERPRETED  BY  A
REASONABLE  PERSON  AS  CONTAINING ADVOCACY OF THE ELECTION OR DEFEAT OF
ONE OR MORE CLEARLY IDENTIFIED CANDIDATES BECAUSE:
  (A) THE ELECTORAL PORTION OF THE COMMUNICATION IS UNMISTAKABLE,  UNAM-
BIGUOUS, AND SUGGESTIVE OF ONLY ONE MEANING; AND
  (B)  REASONABLE  MINDS  COULD  NOT  DIFFER AS TO WHETHER IT ENCOURAGES
ACTIONS TO ELECT OR DEFEAT ONE OR MORE CLEARLY IDENTIFIED CANDIDATES  OR
ENCOURAGES SOME OTHER KIND OF ACTION.
  13.  "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE IN SUPPORT OR
OPPOSITION OF A CANDIDATE:
  (I) THAT EXPRESSLY ADVOCATES FOR THE ELECTION OR DEFEAT OF  A  CLEARLY
IDENTIFIED CANDIDATE; AND
  (II)  THAT  THE CANDIDATE OR HIS OR HER AGENTS OR AUTHORIZED POLITICAL
COMMITTEE(S) DID NOT AUTHORIZE, REQUEST, SUGGEST,  FOSTER  OR  COOPERATE
WITH IN ANY WAY.
  S 3. This act shall take effect immediately.