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

                                  3269

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced  by M. of A. CHRISTENSEN, JAFFEE, MOLINARO -- Multi-Sponsored
  by -- M. of A. CLARK, GALEF, JOHN, MAGEE, SWEENEY  --  read  once  and
  referred to the Committee on Election Law

AN  ACT  to amend the election law, in relation to identification of the
  source of certain political communications

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

  Section  1. The election law is amended by adding a new section 14-107
to read as follows:
  S 14-107. IDENTIFICATION OF THE SOURCE OF CERTAIN  POLITICAL  COMMUNI-
CATIONS.  1. WHENEVER ANY PERSON MAKES AN EXPENDITURE FOR THE PURPOSE OF
FINANCING,  OR  OTHERWISE  PUBLISHES  OR   DISTRIBUTES,   COMMUNICATIONS
EXPRESSLY  ADVOCATING  THE  ELECTION  OR  DEFEAT OF A CLEARLY IDENTIFIED
CANDIDATE, SUCH COMMUNICATION:
  (A) IF PAID FOR AND AUTHORIZED BY A CANDIDATE, AN AUTHORIZED POLITICAL
COMMITTEE OF A CANDIDATE, OR ITS AGENTS, SHALL CLEARLY  STATE  THAT  THE
COMMUNICATION  HAS BEEN PAID FOR BY SUCH CANDIDATE, AUTHORIZED POLITICAL
COMMITTEE, OR AGENT; OR
  (B) IF PAID FOR BY OTHER PERSONS BUT AUTHORIZED  BY  A  CANDIDATE,  AN
AUTHORIZED  POLITICAL  COMMITTEE  OF  A  CANDIDATE, OR ITS AGENTS, SHALL
CLEARLY STATE THAT THE COMMUNICATION IS PAID FOR BY SUCH  OTHER  PERSONS
AND  AUTHORIZED  BY  SUCH  CANDIDATE, AUTHORIZED POLITICAL COMMITTEE, OR
AGENT; OR
  (C) IF NOT AUTHORIZED BY A CANDIDATE, AN AUTHORIZED POLITICAL  COMMIT-
TEE  OF  A CANDIDATE, OR ITS AGENTS, SHALL CLEARLY STATE THE NAME OF THE
PERSON WHO PAID FOR, OR OTHERWISE PUBLISHED OR DISTRIBUTED, THE COMMUNI-
CATION AND STATE THAT THE COMMUNICATION IS NOT AUTHORIZED BY ANY  CANDI-
DATE OR CANDIDATE'S COMMITTEE.
  (D)  THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO INDEPENDENT
EXPENDITURES BY INDIVIDUALS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05487-01-9

              

A. 3269                             2

  2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  (A) THE TERM "CLEARLY IDENTIFIED" 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.
  (B) THE TERM "COMMUNICATION" INCLUDES ANY  ADVERTISEMENTS,  PAMPHLETS,
CIRCULARS,  FLYERS, BROCHURES, LETTERHEADS, OR OTHER PRINTED MATTER, AND
RADIO OR TELEVISION BROADCASTS.
  (C) THE TERM "PERSON" INCLUDES AN INDIVIDUAL, PARTNERSHIP,  COMMITTEE,
ASSOCIATION,  CORPORATION, LABOR ORGANIZATION, OR ANY OTHER ORGANIZATION
OR GROUP OF PERSONS.
  3. A VIOLATION OF THE PROVISIONS OF THIS SECTION  SHALL  CONSTITUTE  A
MISDEMEANOR.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law. Effective immediately,
the addition, amendment and/or repeal of any rules or regulations neces-
sary for the implementation of the foregoing section of this act on  its
effective  date  are authorized and directed to be made and completed on
or before such effective date.