S T A T E O F N E W Y O R K
________________________________________________________________________
5531
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
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Introduced by M. of A. MOLINARO, BURLING, WALKER, BARCLAY, MILLER,
SPANO, TOBACCO, QUINN, McDONOUGH, KOLB, FINCH, ERRIGO, RAIA -- Multi-
Sponsored by -- M. of A. CROUCH, DUPREY, HAWLEY, HAYES, OAKS, SAYWARD,
TEDISCO, THIELE, TOWNSEND -- 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07133-01-9
A. 5531 2
(D) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO INDEPENDENT
EXPENDITURES BY INDIVIDUALS.
(E) THE SOURCE OF FUNDS USED FOR ANY EXPENDITURE MADE UNDER THIS
SECTION SHALL BE CLEARLY IDENTIFIED ON A FORM FURNISHED BY THE APPROPRI-
ATE BOARD OF ELECTIONS.
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; provided, however,
that effective immediately, the addition, amendment and/or repeal of any
rules or regulations necessary 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.