Senate Bill S2373

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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

2009-S2373 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §14-107, El L

2009-S2373 (ACTIVE) - Summary

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

2009-S2373 (ACTIVE) - Sponsor Memo

                                 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.

2009-S2373 (ACTIVE) - Bill Text download pdf

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

                                  2373

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 19, 2009
                               ___________

Introduced  by  Sen. PADAVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law, in relation  to  political  advertise-
  ments and literature and identification of the source of certain poli-
  tical 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.  POLITICAL ADVERTISEMENTS AND LITERATURE AND IDENTIFICATION
OF THE SOURCE OF CERTAIN POLITICAL  COMMUNICATIONS.  1.    WHENEVER  ANY
PERSON  OR  ENTITY MAKES AN EXPENDITURE FOR THE PURPOSE OF FINANCING, OR
OTHERWISE PUBLISHES OR  DISTRIBUTES,  COMMUNICATIONS  NAMING  A  CLEARLY
IDENTIFIED CANDIDATE OR PUBLIC OFFICER, SUCH COMMUNICATION:
  (A) IF PAID FOR AND AUTHORIZED BY A CANDIDATE, AN AUTHORIZED POLITICAL
COMMITTEE  OF  A  CANDIDATE,  OR ITS AGENT, SHALL CLEARLY STATE THAT THE
COMMUNICATION HAS BEEN PAID FOR BY SUCH CANDIDATE, AUTHORIZED  POLITICAL
COMMITTEE, OR AGENT; OR
  (B)  IF  PAID  FOR BY ANOTHER PERSON BUT AUTHORIZED BY A CANDIDATE, AN
AUTHORIZED POLITICAL COMMITTEE OF  A  CANDIDATE,  OR  ITS  AGENT,  SHALL
CLEARLY  STATE  THAT  THE COMMUNICATION IS PAID FOR BY SUCH OTHER PERSON
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.
  2. IF A COMMUNICATION IS MADE BY AUTOMATED  TELEPHONE  THE  PERSON  OR
ENTITY PAYING FOR SUCH AUTOMATED TELEPHONE CALL SHALL BE CLEARLY IDENTI-
FIED AT THE BEGINNING OF SUCH COMMUNICATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09512-01-9

S. 2373                             2

  3. ANY COMMUNICATION SHALL NOT INTENTIONALLY MISREPRESENT ANY FACTS OR
MAKE MISSTATEMENTS OF POSITION ADOPTED BY A CANDIDATE OR PUBLIC OFFICER.
  4.  A  KNOWING AND WILFULL VIOLATION OF THE PROVISIONS OF THIS SECTION
SHALL CONSTITUTE A MISDEMEANOR.
  5. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  (A) THE TERM "CLEARLY IDENTIFIED" MEANS THAT:
  (I) THE NAME OF THE CANDIDATE OR PUBLIC OFFICER INVOLVED APPEARS;
  (II)  A PHOTOGRAPH OR DRAWING OR CARICATURE OF THE CANDIDATE OR PUBLIC
OFFICER APPEARS; OR
  (III) THE IDENTITY OF THE CANDIDATE OR PUBLIC OFFICER IS  APPARENT  BY
UNAMBIGUOUS REFERENCE.
  (B)  THE  TERM  "COMMUNICATION" INCLUDES ANY ADVERTISEMENT, PAMPHLETS,
CIRCULARS, FLYERS, BROCHURES, LETTERHEADS, OR OTHER PRINTED MATTER,  AND
RADIO OR TELEVISION BROADCASTS, AND AUTOMATED TELEPHONE.
  (C)  THE TERM "PERSON" INCLUDES AN INDIVIDUAL, PARTNERSHIP, COMMITTEE,
ASSOCIATION, CORPORATION, LABOR ORGANIZATION, OR ANY OTHER  ORGANIZATION
OR GROUP OF PERSONS.
  S 2. This act shall take effect immediately.

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Senate Bill S2373

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Archive: Last Bill Status - In Senate Committee Elections Committee

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2009-S2373 (ACTIVE) - Details

2009-S2373 (ACTIVE) - Summary

2009-S2373 (ACTIVE) - Sponsor Memo

2009-S2373 (ACTIVE) - Bill Text download pdf

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Sponsored By

Frank Padavan

Archive: Last Bill Status - In Senate Committee Elections Committee

Actions

2009-S2373 (ACTIVE) - Details

2009-S2373 (ACTIVE) - Summary

2009-S2373 (ACTIVE) - Sponsor Memo

2009-S2373 (ACTIVE) - Bill Text download pdf

Comments