S T A T E O F N E W Y O R K
________________________________________________________________________
1958
2009-2010 Regular Sessions
I N A S S E M B L Y
January 14, 2009
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to enacting the New York
fair campaign code
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The article heading of article 14 of the election law is
amended to read as follows:
CAMPAIGN PRACTICES, RECEIPTS AND EXPENDITURES
S 2. Sections 14-100 through 14-130 of article 14 of the election law
are designated title I and such title is amended by adding a new title
heading to read as follows:
GENERAL PROVISIONS
S 3. Article 14 of the election law is amended by adding a new title
II to read as follows:
TITLE II
FAIR CAMPAIGN CODE
SECTION 14-200. FAIR CAMPAIGN CODE.
14-202. USE OF PUBLIC OPINION POLLS AND ENDORSEMENTS.
14-204. POWERS AND DUTIES OF THE STATE BOARD OF ELECTIONS.
S 14-200. FAIR CAMPAIGN CODE. 1. NO PERSON, POLITICAL PARTY OR COMMIT-
TEE DURING THE COURSE OF ANY CAMPAIGN FOR NOMINATION OR ELECTION TO
PUBLIC OFFICE OR PARTY POSITION SHALL, DIRECTLY OR INDIRECTLY, WHETHER
BY MEANS OF PAYMENT OF MONEY OR ANY OTHER CONSIDERATION, ENGAGE IN OR
COMMIT ANY OF THE FOLLOWING:
(A) WILLFUL PRACTICES OF POLITICAL ESPIONAGE INCLUDING, BUT NOT LIMIT-
ED TO, THE THEFT OF CAMPAIGN MATERIALS OR ASSETS, PLACING ONE'S OWN
EMPLOYEE OR AGENT IN THE CAMPAIGN ORGANIZATION OF ANOTHER CANDIDATE,
BRIBERY OF MEMBERS OF ANOTHER'S CAMPAIGN STAFF, ELECTRONIC OR OTHER
METHODS OF EAVESDROPPING OR WIRETAPPING.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03217-01-9
A. 1958 2
(B) WILLFUL PREPARATION OR DISTRIBUTION OF ANY WRITING KNOWN TO BE
FRAUDULENT, FORGED OR FALSELY IDENTIFIED OR THE WILLFUL USE OF ANY
EMPLOYEES OR AGENTS WHO FALSELY REPRESENT THEMSELVES AS SUPPORTERS OF A
CANDIDATE, POLITICAL PARTY OR COMMITTEE.
(C) WILLFUL MISREPRESENTATION OF ANY CANDIDATE'S PARTY AFFILIATION OR
PARTY ENDORSEMENT OR ENDORSEMENT BY PERSONS OR ORGANIZATIONS INCLUDING,
BUT NOT LIMITED TO, THE WILLFUL USE OF DOCTORED PHOTOGRAPHS OR WRITINGS
OR FRAUDULENT OR UNTRUE ENDORSEMENTS.
(D) WILLFUL MISREPRESENTATION, WITH INTENT TO DECEIVE, OF THE CONTENTS
OR RESULTS OF A POLL RELATING TO ANY CANDIDATE'S ELECTION.
2. THE STATE BOARD OF ELECTIONS SHALL MONITOR THE ADEQUACY AND EFFEC-
TIVENESS OF THIS SECTION AND RECOMMEND SUCH LEGISLATION OR ADMINISTRA-
TIVE MEASURES AS IT FINDS APPROPRIATE.
S 14-202. USE OF PUBLIC OPINION POLLS AND ENDORSEMENTS. 1. NO CANDI-
DATE, POLITICAL PARTY OR COMMITTEE DURING THE COURSE OF ANY CAMPAIGN FOR
NOMINATION OR ELECTION TO PUBLIC OFFICE OR PARTY POSITION SHALL, DIRECT-
LY OR INDIRECTLY, DISCLOSE OR PERMIT TO BE DISCLOSED, THE RESULTS OF A
POLL RELATING TO A CANDIDATE FOR SUCH OFFICE OR POSITION, UNLESS WITHIN
FORTY-EIGHT HOURS AFTER SUCH DISCLOSURE, SUCH CANDIDATE PROVIDES THE
FOLLOWING INFORMATION CONCERNING THE 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 POLL
RELATES:
(A) THE NAME AND ADDRESS OF THE ORGANIZATION THAT CONDUCTED THE POLL.
(B) THE NUMERICAL SIZE OF THE TOTAL POLL SAMPLE, THE GEOGRAPHIC AREA
COVERED BY THE POLL AND ANY SPECIAL CHARACTERISTICS OF THE POPULATION
INCLUDED IN THE POLL SAMPLE.
(C) THE EXACT WORDING OF THE QUESTIONS ASKED IN THE POLL AND THE
SEQUENCE OF SUCH QUESTIONS.
(D) THE METHOD OF POLLING, WHETHER BY PERSONAL INTERVIEW, TELEPHONE,
MAIL OR OTHER.
2. IN ANY CASE WHERE A PERSON OR ORGANIZATION ENDORSING THE CANDIDATE
HAS BEEN PAID FOR SUCH ENDORSEMENT BY THE CANDIDATE OR SOMEONE ACTING ON
HIS BEHALF, A STATEMENT SIGNED BY THE CANDIDATE AND STATING THE CONSID-
ERATION FOR THE ENDORSEMENT SHALL BE FILED WITHIN FORTY-EIGHT HOURS OF
THE ENDORSEMENT IN THE OFFICE IN WHICH THE CANDIDATE IS REQUIRED TO FILE
HIS STATEMENTS UNDER SECTION 14-110 OF THIS ARTICLE.
S 14-204. POWERS AND DUTIES OF THE STATE BOARD OF ELECTIONS. 1.
UNLESS A SPECIAL PROCEEDING PURSUANT TO SUBDIVISION ONE OF SECTION
16-111 OF THIS CHAPTER HAS BEEN COMMENCED, THE STATE BOARD OF ELECTIONS,
ON ITS OWN INITIATIVE, OR UPON COMPLAINT OR OTHERWISE, MAY INVESTIGATE
ANY ALLEGED VIOLATION OF THIS TITLE.
2. A VIOLATION OF THE PROVISIONS OF THIS TITLE SHALL BE PUNISHABLE BY
A CIVIL PENALTY, NOT TO EXCEED ONE THOUSAND DOLLARS, TO BE IMPOSED BY
THE BOARD UPON ANY PERSON FOUND BY THE BOARD, UPON CLEAR AND CONVINCING
EVIDENCE, AFTER A HEARING, TO HAVE VIOLATED ANY OF THE PROVISIONS OF
SUCH CODE.
3. ANY SUCH FINDING BY THE BOARD MAY ONLY BE HAD AFTER A HEARING
CONDUCTED BY IT UPON REASONABLE WRITTEN NOTICE, AS THE BOARD MAY DETER-
MINE, TO SUCH PERSON AND AFFORDING SUCH PERSON A REASONABLE OPPORTUNITY
TO BE HEARD AND PRESENT AND EXAMINE WITNESSES THEREAT.
4. SHALL THE BOARD FAIL FOR ANY REASON TO TAKE FINAL ACTION WITH
RESPECT TO SUCH COMPLAINT WITHIN NINETY DAYS OF THE FILING THEREOF, THE
AGGRIEVED PARTY MAY, WITHOUT PREJUDICE, WITHDRAW SUCH COMPLAINT AND
COMMENCE A PROCEEDING IN SUPREME COURT PURSUANT TO SUBDIVISION ONE OF
SECTION 16-111 OF THIS CHAPTER.
A. 1958 3
S 4. The election law is amended by adding a new section 16-111 to
read as follows:
S 16-111. PROCEEDINGS WITH RESPECT TO THE FAIR CAMPAIGN CODE. 1. ANY
PERSON CLAIMING TO BE AGGRIEVED BY ANY VIOLATION OF THE FAIR CAMPAIGN
CODE SHALL HAVE A CAUSE OF ACTION THEREFOR IN SUPREME COURT, UNLESS SUCH
PERSON HAD FILED A COMPLAINT WITH THE STATE BOARD OF ELECTIONS. NO
PERSON WHO HAS INITIATED ANY ACTION IN SUPREME COURT ALLEGING A
VIOLATION OF THE FAIR CAMPAIGN CODE MAY FILE A COMPLAINT WITH RESPECT TO
THE SAME ALLEGED VIOLATION WITH THE STATE BOARD OF ELECTIONS. UPON A
FINDING BY THE COURT, UPON CLEAR AND CONVINCING EVIDENCE, THAT A PERSON,
POLITICAL PARTY OR COMMITTEE HAS VIOLATED ANY PROVISION OF THE FAIR
CAMPAIGN CODE, SUCH VIOLATION SHALL BE PUNISHABLE BY A CIVIL PENALTY,
NOT TO EXCEED ONE THOUSAND DOLLARS, TO BE IMPOSED BY THE COURT.
2. ANY ACTION OR DECISION OF THE STATE BOARD OF ELECTIONS PURSUANT TO
THE PROVISIONS OF THIS ARTICLE MAY BE REVIEWED IN A PROCEEDING PURSUANT
TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES INSTITUTED
IN THE SUPREME COURT BY ANY AGGRIEVED CANDIDATE OR BY ANY PERSON UPON
WHOM A PENALTY WAS IMPOSED BY SUCH STATE BOARD OF ELECTIONS OR BY ANY
PERSON WHO FILED A COMPLAINT UPON WHICH SUCH DECISION OR ACTION WAS
TAKEN.
3. A CAUSE OF ACTION BROUGHT IN SUPREME COURT SHALL BE A SPECIAL
PROCEEDING HEARD UPON VERIFIED PETITION AND SUCH ORAL OR WRITTEN PROOF
AS MAY BE OFFERED OR ORDERED BY THE COURT, AND UPON SUCH NOTICE TO SUCH
OFFICERS, PERSONS, OR COMMITTEES AS THE COURT SHALL DIRECT, AND SHALL BE
SUMMARILY DETERMINED. THE PROCEEDINGS SHALL HAVE PREFERENCE OVER ALL
OTHER CAUSES IN ALL COURTS. IN ADDITION, UPON REQUEST OF A PARTY, THE
COURT MAY ORDER EXPEDITED DISCOVERY. IN THE CITY OF NEW YORK, A PROCEED-
ING RELATING TO THE FAIR CAMPAIGN CODE BROUGHT PURSUANT TO THIS ARTICLE
SHALL HAVE FIRST PREFERENCE OVER ALL OTHER PROCEEDINGS, EXCEPT
PROCEEDINGS RELATING TO A RUN-OFF PRIMARY.
4. IN ADDITION TO ALLOWABLE COSTS AND DISBURSEMENTS AND IRRESPECTIVE
OF WHETHER SUCH COSTS AND DISBURSEMENTS ARE AWARDED, THE COURT OR
JUSTICE MAY ALLOW A REASONABLE ATTORNEY'S FEE TO THE PREVAILING PARTY
EXCEPT THAT NO SUCH ATTORNEY'S FEE MAY BE AWARDED TO OR AGAINST THE
STATE BOARD OF ELECTIONS.
S 5. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law.