senate Bill S5980B

Amended

Requires the disclosure of the identity of certain entities making expenditures for political communications and provides penalties for failure to do so; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 06 / Nov / 2013
    • REFERRED TO RULES
  • 13 / Nov / 2013
    • AMEND AND RECOMMIT TO RULES
  • 13 / Nov / 2013
    • PRINT NUMBER 5980A
  • 08 / Jan / 2014
    • REFERRED TO ELECTIONS
  • 19 / Feb / 2014
    • AMEND AND RECOMMIT TO ELECTIONS
  • 19 / Feb / 2014
    • PRINT NUMBER 5980B
  • 29 / May / 2014
    • AMEND (T) AND RECOMMIT TO ELECTIONS
  • 29 / May / 2014
    • PRINT NUMBER 5980C
  • 04 / Jun / 2014
    • AMEND AND RECOMMIT TO ELECTIONS
  • 04 / Jun / 2014
    • PRINT NUMBER 5980D

Summary

Requires the disclosure of the identity of certain entities making expenditures for political communications and provides penalties for failure to do so.

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Bill Details

Versions:
S5980
S5980A
S5980B
S5980C
S5980D
Legislative Cycle:
2013-2014
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §14-100, add §14-132, El L

Sponsor Memo

BILL NUMBER:S5980B

TITLE OF BILL: An act to amend the election law, in relation to
requiring the disclosure of the identity of certain entities making
expenditures for political communications and providing penalties for
failure to do so

PURPOSE OF THE BILL:

This bill will require that political communications disclose the
identity of the candidate or committee that made the expenditure for
the communication.

SUMMARY OF PROVISIONS:

Section one of the bill amends section 14-100 of the election law by
adding a new subdivision 12 as it relates to the definition of
"political communication".

Section two of the bill amends the election law by adding a new
section 14-132 that would require disclosure on political
communications. The section includes definitions for political
communication, express advocacy, and clearly identified candidate.
Political communications shall clearly state or speak a disclaimer
statement of "Paid for by" and the name of the candidate or committee
that made the expenditure for such communication. The bill exempts
promotional items that support a candidate, election, ballot measure
or issue including pens, bumper stickers, yard signs and buttons. The
bill provides for penalties for violations of the section with fines
of up to $1,000 per violation and for a third offense a misdemeanor.

Section three of the bill relates to the effective date.

JUSTIFICATION:

Most states including the Federal government have laws requiring
political communications disclose the sender's identity. This bill
will end anonymous mailings and require that all communications
clearly state who paid for it. Anonymous mailings and advertising
allow candidates and committees to avoid taking responsibility for the
content of the communication. Voters in all elections deserve to know
where the political mail is coming from and who is responsible for it.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS FOR STATE:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                 5980--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            November 6, 2013
                               ___________

Introduced  by Sens. GRIFFO, ADDABBO, AVELLA, ESPAILLAT, HOYLMAN, KRUEG-
  ER, LATIMER -- read twice and ordered printed, and when printed to  be
  committed  to  the  Committee  on  Rules -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  recommitted  to the Committee on Elections in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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:

  Section  1.  Section 14-100 of the election law is amended by adding a
new subdivision 12 to read as follows:
  12. "POLITICAL COMMUNICATION" MEANS ANY  PRINT,  RADIO,  TELEVISED  OR
INTERNET ADVERTISING, BROCHURE, FLYER, POSTER, MAILING OR OTHER COMMUNI-
CATION THAT ADVOCATES FOR OR AGAINST A CANDIDATE, ELECTION, BALLOT MEAS-
URE OR ISSUE.
  S  2.  The  election  law is amended by adding a new section 14-132 to
read as follows:
  S 14-132. POLITICAL COMMUNICATION DISCLOSURE. 1. FOR THE  PURPOSES  OF
THIS SECTION:
  A.  "POLITICAL  COMMUNICATION"  MEANS  ANY  PRINT, RADIO, TELEVISED OR
INTERNET  ADVERTISING,  BROCHURE,  FLYER,  POSTER,  MAILING,  ELECTRONIC
COMMUNICATION,  INCLUDING BY COMPUTER OR OTHER ELECTRONIC DEVICE INCLUD-
ING, BUT NOT LIMITED TO, ELECTRONIC  MAIL  OR  TEXT  MESSAGE,  OR  OTHER
COMMUNICATION  THAT  EXPRESSLY  ADVOCATES  FOR OR AGAINST A CANDIDATE OR
ADVOCATES FOR OR AGAINST A BALLOT MEASURE OR ISSUE.
  B. "EXPRESS ADVOCACY" MEANS A COMMUNICATION:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11774-05-4

S. 5980--B                          2

  (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 OR 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.
  C. "CLEARLY IDENTIFIED CANDIDATE" MEANS THAT:
  (1) THE NAME OF THE CANDIDATE INVOLVED APPEARS;
  (2) A PHOTOGRAPH OR DRAWING OF THE CANDIDATE APPEARS; OR
  (3)  THE  IDENTITY  OF THE CANDIDATE IS APPARENT BY UNAMBIGUOUS REFER-
ENCE.
  2. ANY CANDIDATE OR POLITICAL COMMITTEE THAT MAKES AN EXPENDITURE  FOR
A  POLITICAL  COMMUNICATION,  WHICH EXPRESSLY ADVOCATES FOR OR AGAINST A
CLEARLY IDENTIFIED CANDIDATE OR ADVOCATES FOR OR AGAINST A BALLOT  MEAS-
URE,  OR ISSUE, SHALL BE REQUIRED TO DISCLOSE THE IDENTITY OF THE CANDI-
DATE OR POLITICAL COMMITTEE WHICH MADE THE EXPENDITURE ON SUCH POLITICAL
COMMUNICATION.  THE  DISCLOSURE  ON  PRINTED  POLITICAL  COMMUNICATIONS,
INCLUDING  BUT  NOT  LIMITED  TO  BROCHURES,  FLYERS, POSTERS, MAILINGS,
INTERNET ADVERTISEMENTS, SHALL BE PRINTED OR  TYPED  IN  AN  APPROPRIATE
LEGIBLE FORM TO READ AS FOLLOWS: "PAID FOR BY:"  FOLLOWED BY THE NAME OF
THE POLITICAL COMMITTEE MAKING THE EXPENDITURE.
  3. THE DISCLOSURE ON NON-PRINTED POLITICAL COMMUNICATIONS SHALL CLEAR-
LY  AND  PROMINENTLY DISPLAY OR SPEAK THE FOLLOWING STATEMENT: "PAID FOR
BY:"  FOLLOWED BY THE NAME OF THE POLITICAL COMMITTEE MAKING THE EXPEND-
ITURE.  IN THE CASE OF A POLITICAL COMMUNICATION  THAT  IS  NOT  VISUAL,
SUCH  AS RADIO OR AUTOMATED TELEPHONE CALLS, CLEARLY SPEAKING THE STATE-
MENT WILL SATISFY THE REQUIREMENTS OF THIS SECTION.
  4. PROMOTIONAL ITEMS THAT SUPPORT A  PARTICULAR  CANDIDATE,  ELECTION,
BALLOT  MEASURE  OR  ISSUE AND LIMIT THE CONTENT OF COMMUNICATION TO THE
NAME, OFFICE AND BRIEF MESSAGE OF SUPPORT,  SHALL  BE  EXEMPT  FROM  THE
PROVISIONS OF THIS SECTION. PROMOTIONAL ITEMS SHALL BE ITEMS THAT ARE OF
NOMINAL  VALUE AND ARE DISTRIBUTED TO SUPPORTERS IN AN EFFORT TO PROMOTE
A PARTICULAR CANDIDATE, ELECTION, BALLOT MEASURE OR  ISSUE.  PROMOTIONAL
ITEMS  INCLUDE BUT ARE NOT LIMITED TO PENS, BUMPER STICKERS, YARD SIGNS,
BUTTONS, SHIRTS, BAGS OR BALLOONS.
  5. ANY PERSON WHO FAILS TO  MAKE  A  DISCLOSURE  AS  REQUIRED  BY  THE
PROVISIONS  OF  THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY, NOT IN
EXCESS OF ONE THOUSAND DOLLARS FOR EACH VIOLATION, TO BE RECOVERABLE  IN
A SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT BY THE STATE BOARD OF
ELECTIONS OR OTHER BOARD OF ELECTIONS.
  6.  ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION THREE TIMES
UPON THE OCCURRENCE OF THE THIRD VIOLATION SHALL BE GUILTY OF  A  MISDE-
MEANOR.
  S 3. This act shall take effect immediately.

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