senate Bill S2373

2009-2010 Legislative Session

Relates to political advertisements and literature and identification of the source of certain political communications

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to elections
Feb 19, 2009 referred to elections

S2373 - Bill Details

Current Committee:
Law Section:
Election Law

S2373 - Bill Texts

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BILL NUMBER: S2373

TITLE OF BILL :

An act to amend the election law, in relation to political
advertisements and literature and identification of the source of
certain political communications


PURPOSE :

Relates to political advertisements and literature and identification
of the source of certain political communications.

SUMMARY OF PROVISIONS :

Requires political advertisements and literature to identify who pays
for the communications; makes it illegal to pay for communications
which intentionally misrepresent facts or make misstatements regarding
a candidate or public officer.

EXISTING LAW :

Adds a new section, 14-107, to the Election law.

JUSTIFICATION :

Individual and groups pay for material to be disseminated among the
public without the public being aware of who is paying for their
information contained in the literature. The public has a right and
need to know who is behind the creation of these communications to
enable them to assess the worth of the information. In addition,
current law requires persons or entities spending money to affect the
outcome of an election to publicly disclose the source of the funding.
Unless it is disclosed who paid for the communication, there is no way
for the public to know and no way for the board of elections to pursue
those who fail to file disclosure of these expenditures. This bill
will mandate that these communications carry an attribution of who is
paying for the literature.

The bill also requires automated phone calls which are sent into the
homes of voters disclose who is paying for them. Practices in this
area show that these calls are abused by those behind them. The call
may state it supports a particular candidate but are sent into the
home with such frequency or at inconvenient hours to annoy the voter
and are really being sent in by the opponent with the intent to
antagonize the voter. This fraudulent use of the communication would
be stopped by requiring those paying for the call identify themselves
at the beginning of the call.

The bill also penalizes those who pay for a communication to the
public which intentionally misrepresents any facts or makes
misstatements about a position adopted by the candidate or public
official. This will help lead to integrity in the elections process.

LEGISLATIVE HISTORY :

S.8175 of 2008

FISCAL IMPLICATIONS :

None.

LOCAL FISCAL IMPLICATIONS :

None.
EFFECTIVE DATE :
Immediately.
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