S T A T E O F N E W Y O R K
________________________________________________________________________
8754
2009-2010 Regular Sessions
I N A S S E M B L Y
June 5, 2009
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Introduced by M. of A. MILLER, ERRIGO, FIELDS, GALEF, McDONOUGH, RAIA,
WALKER -- Multi-Sponsored by -- M. of A. CALHOUN, CROUCH, GIGLIO,
SPANO -- read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to truth in political
advertising
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 8 of the election law is amended by adding a new
title 6 to read as follows:
TITLE VI
TRUTH IN POLITICAL ADVERTISING
SECTION 8-600. TRUTH IN POLITICAL ADVERTISING.
S 8-600. TRUTH IN POLITICAL ADVERTISING. 1. A COMMISSION SHALL BE
ESTABLISHED TO REVIEW POLITICAL ADVERTISING FOR CANDIDATES TO ALL STATE
OFFICES, WHICH IS DISTRIBUTED THROUGH PRINTED, RADIO, TELEVISION OR
OTHER ELECTRONIC MEDIA. THE COMMISSION SHALL BE CALLED THE COMMISSION ON
TRUTH IN POLITICAL ADVERTISING. SUCH COMMISSION SHALL BE COMPOSED OF
EIGHT MEMBERS; TWO MEMBERS TO BE APPOINTED BY THE GOVERNOR, TWO MEMBERS
TO BE APPOINTED BY THE MAJORITY LEADER OF THE SENATE, TWO MEMBERS TO BE
APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE MEMBER TO BE APPOINTED BY
THE MINORITY LEADER OF THE SENATE AND ONE MEMBER TO BE APPOINTED BY THE
MINORITY LEADER OF THE ASSEMBLY. THE COMMISSION SHALL HAVE THE POWER TO
APPOINT PAID PROFESSIONAL STAFF, IN ACCORDANCE WITH RULES AND REGU-
LATIONS PROMULGATED BY THE STATE BOARD OF ELECTIONS, TO CARRY OUT THE
PROVISIONS OF THIS TITLE. THREE FULL TIME EMPLOYEES SHALL BE APPOINTED,
ONE OF WHOM SHALL BE THE EXECUTIVE DIRECTOR. TEMPORARY STAFF MAY BE
ADDED AS DETERMINED BY THE COMMISSION OR AS NEEDED FOR THE PERIOD OF
SIGNIFICANT ELECTION CAMPAIGNING ACTIVITY.
2. UPON THE WRITTEN REQUEST OF A CANDIDATE OR DESIGNEE HEREINAFTER
CALLED "ORIGINATOR", THE COMMISSION SHALL REVIEW WITHIN TWO BUSINESS
DAYS, THE REQUESTED ADVERTISEMENT TO ENSURE THAT IT IS ACCURATE AS TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09697-01-9
A. 8754 2
WHAT THE AVERAGE VOTER WOULD BELIEVE ITS CONTENT TO MEAN. IF THE
COMMISSION, FOR WHATEVER REASON, CANNOT RESPOND WITHIN THE REQUIRED TIME
PERIOD, THE ORIGINATOR MAY RELEASE THE ADVERTISEMENT WITH A NOTICE THAT
THE COMMISSION DID NOT RESPOND WITHIN SUCH REQUIRED TIME. THE COMMIS-
SION'S RESPONSE SHALL REQUIRE THE ADVERTISEMENT TO INDICATE ONE OF THE
FOLLOWING RATINGS IN ANY DISSEMINATION:
A. MATERIAL IS ABSOLUTELY TRUE.
B. MATERIAL IS MOSTLY TRUE.
C. MATERIAL IS MOSTLY UNTRUE.
D. MATERIAL IS ABSOLUTELY UNTRUE.
E. MATERIAL HAS NOT BEEN RATED.
3. THE ORIGINATOR MAY APPEAL THE RATING SET BY THE COMMISSION. TO
EFFECT SUCH APPEAL, THE ORIGINATOR MUST REPLY TO THE COMMISSION WITHIN
FORTY-EIGHT HOURS OF THE RECEIPT OF THE RATING, AND MUST PROVIDE THE
COMMISSION WITH A WRITTEN REQUEST FOR A CHANGE IN THE RATING AND THE
REASON OR REASONS FOR SUCH CHANGE. THE COMMISSION SHALL HAVE ONE BUSI-
NESS DAY AFTER RECEIPT OF SUCH REPLY TO SEND AN ANSWER TO THE REQUEST TO
THE ORIGINATOR. IN EACH CASE, THE WRITTEN REQUEST AND ANSWER MAY BE SENT
BY TELEFACSIMILE, E-MAIL OR HAND DELIVERY. THE REPLY OF THE COMMISSION
SHALL BE FINAL.
4. THE ORIGINATOR SHALL HAVE THE OPTION TO NOT SUBMIT THE ADVERTISE-
MENT FOR RATING, BUT THAT FACT MUST BE DISCLOSED AT THE OPENING OF SUCH
ADVERTISEMENT BY THE CANDIDATE OR DESIGNEE.
5. THE MEMBERS OF THE COMMISSION SHALL SERVE AT THE PLEASURE OF THEIR
APPOINTER WITHOUT COMPENSATION, BUT SHALL BE REIMBURSED FOR THEIR NECES-
SARY EXPENSES IN CARRYING OUT THE WORK OF THE COMMISSION.
S 2. This act shall take effect immediately.