S T A T E O F N E W Y O R K
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4700
2011-2012 Regular Sessions
I N A S S E M B L Y
February 7, 2011
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Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to prohibiting certain
campaign practices involving the unauthorized use or representation of
names or likenesses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Sections 14-100 through 14-130 of article 14 of the
election law are designated title I and a new title heading is added to
read as follows:
GENERAL PROVISIONS
S 2. Article 14 of the election law is amended by adding a new title
II to read as follows:
TITLE II
FAIR CAMPAIGN PRACTICES
SECTION 14-200. FAIR CAMPAIGN PRACTICES.
S 14-200. FAIR CAMPAIGN PRACTICES. 1. NO PERSON, POLITICAL PARTY OR
COMMITTEE DURING THE COURSE OF ANY CAMPAIGN FOR NOMINATION OR ELECTION
TO PUBLIC OFFICE OR PARTY POSITION SHALL, DIRECTLY OR INDIRECTLY, ENGAGE
IN OR COMMIT ANY OF THE FOLLOWING:
(A) WILLFUL PREPARATION OR DISTRIBUTION OF ANY COMMUNICATION KNOWN TO
BE FRAUDULENT, FORGED OR FALSELY IDENTIFIED.
(B) WILLFUL MISREPRESENTATION OF ANY CANDIDATE'S PARTY AFFILIATION OR
PARTY ENDORSEMENT OR ENDORSEMENT BY ANY CLEARLY IDENTIFIED PERSON OR
ORGANIZATION INCLUDING, BUT NOT LIMITED TO, THE WILLFUL USE OF DOCTORED
PHOTOGRAPHS OR WRITINGS OR FRAUDULENT OR UNTRUE ENDORSEMENTS.
2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) THE TERM "CLEARLY IDENTIFIED" SHALL MEAN THAT:
(1) THE NAME OF THE PURPORTED ENDORSER INVOLVED APPEARS; OR
(2) A PHOTOGRAPH OR DRAWING OF THE PURPORTED ENDORSER APPEARS; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08942-01-1
A. 4700 2
(3) THE IDENTITY OF THE PURPORTED ENDORSER IS APPARENT BY UNAMBIGUOUS
REFERENCE.
(B) THE TERM "COMMUNICATION" SHALL INCLUDE ANY ADVERTISEMENT,
PAMPHLET, CIRCULAR, FLYER, BROCHURE, LETTERHEAD, OR OTHER PRINTED
MATTER, AND RADIO OR TELEVISION BROADCAST.
3. A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE PUNISHABLE
BY A CIVIL PENALTY, NOT TO EXCEED FIVE HUNDRED DOLLARS FOR A FIRST
OFFENSE AND NOT TO EXCEED TWO THOUSAND DOLLARS FOR ANY SECOND OR SUBSE-
QUENT OFFENSE, TO BE IMPOSED UPON ANY PERSON FOUND BY THE STATE BOARD OF
ELECTIONS, UPON CLEAR AND CONVINCING EVIDENCE, AFTER A HEARING, TO HAVE
VIOLATED ANY OF SUCH PROVISIONS.
S 3. 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 rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized and directed to be made or completed on or before such effec-
tive date.