Senate Bill S2427A

2011-2012 Legislative Session

Relates to identifying the sources of campaign telephone canvasses or "push polls"

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 23, 2012	print number 2427a
Jan 23, 2012	amend and recommit to elections
Jan 04, 2012	referred to elections
Jan 20, 2011	referred to elections

Bill Amendments

co-Sponsors

2011-S2427 - Details

See Assembly Version of this Bill:: A4356
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§3-106 & 14-106, add §17-153, El L
Versions Introduced in 2009-2010 Legislative Session:: S3863, A8074

2011-S2427 - Summary

Relates to identifying the sources of campaign telephone canvasses or "push polls".

2011-S2427 - Sponsor Memo

                                BILL NUMBER:S2427

TITLE OF BILL:
An act
to amend the election law, in relation to identifying the sources of
campaign telephone canvasses or "push polls"

PURPOSE:
To ban "push-polling" unless said poll meets strict public reporting
requirements. It also prevents legitimate scientific polling to be
used to influence elections without meeting strict reporting
requirements.

SUMMARY OF PROVISIONS:
Subdivision 1, paragraph A of section 3-106 of the Election Law is
amended to add language defining the practice commonly known as
"push-polling." A "push-poll" is defined as:

* the misrepresentation of a candidate's background, morality,
character, voting record or any other acts by a candidate to a voter;

* a poll done by telephone or personal contact from a list of names
that is not obtained from a scientifically measurable or random
sampling technique;

* a poll specifically meant to persuade voters rather than gather a

random sample of information; and

* a poll which attempts to solicit a voter's opinion on what candidate
they will vote for.

This section is also amended to require full disclosure of a
"push-poll" including:

* the true identity of the caller;

* who commissioned the poll, conducts the poll, paid for the poll; and

* if the poll was paid for, or sponsored by, one or more candidates or
political committees supporting one or more candidates.

Adds a new paragraph B to subdivision 1 of section 3-106 of the
Election Law, codifying section 6201.2 of the rules and regulations
of the state Board of Election. This section prohibits a candidate,
political party or committee from attempting to promote the success
or defeat of a candidate by disclosing the results of a poll, unless
they report the following information to the state or local board of
election, whichever applies:

* the name of the person, party or organization that contracted or
commissioned the poll and paid for it;

* the name and address of the organization that conducted the poll;


* the total number of people in the polling sample, the geographic
area covered by the poll and any special characteristics of the
population included hi the poll sample;

* the exact wording of the questions asked and the sequence of the
questions;

* the method of polling;

* the time period the poll was conducted;

* the number of persons in the polls sample, the number contacted who
responded to each question and the number of persons who did not
respond, and;

* the results of the canvass of poll.

Amends Section 14-106 of the Election Law to require "push-poll"
scripts to be filed with state or local board of elections.

Adds a new Section 17-153 of the Election Law making "push-polling"
unlawful in any primary, general, special or school board election
unless at the beginning of the execution of the poll the person in
contact with the voter tells the voter the true name of the sponsor
or source of the poll and the name of the candidate(s) or committee
on whose behalf the poll is being done. It defines classes of people,
organizations and businesses that could be held criminally liable for
participating, initiating, commissioning, or sponsoring an unlawful
"push-poll." The section also makes violations of any section of this
legislation punishable as a class A misdemeanor.

JUSTIFICATION:
So-called "push-polls" are a deceptive campaign tool designed to
influence public opinion. A typical "push-poll" uses a phone bank to
call thousands of voters with questions that smear or
denigrate the opposing candidate. Questions such as "if you knew
that.candidate A was a drunk (or a womanizer or tax evader or drug
user) would you still support him/her" are typical of "pushpolls".
"Push-polls" are designed to persuade voters to vote against an
opposing candidate. They invariably fail to identify the true source
of the questioner, often masquerading as a legitimate survey company.

Legitimate polls may sometimes use questions to measure the potential
impact of different, including negative, campaign messages but they
are designed to measure the opinion of an electorate, not persuade.
Legitimate polling provides voters with the correct name of the
research firm conducting the poll. Legitimate polling only surveys a
scientifically drawn small sample of voters. The bipartisan American
Association of Political Consultants has condemned the use of
"push-polls." This professional association has drawn a distinction
between "push-polling" and the legitimate survey research.

"Push-polling" is the latest and most fashionable in a long line of
political dirty tricks and has no place in New York State's political
process. This legislation is designed to ban the practice of
"push-polling" by requiring strict and comprehensive disclosure
requirements to voters receiving calls or other contacts and to local


board of elections. This legislation also codifies existing New York
State Board of Elections regulations requiring the comprehensive
disclosure of legitimate polling when the results of that polling are
used to influence the outcome of elections.

LEGISLATIVE HISTORY:
2009-2010: S.3863 (Died, 3rd Reading)
2007-2008: S.3931 (Died, Elections)

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act takes effect the first of December next succeeding the date
on which it becomes a law, with provisions.

2011-S2427 - Bill Text download pdf

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

                                  2427

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 20, 2011
                               ___________

Introduced  by  Sens.  STEWART-COUSINS, HASSELL-THOMPSON, OPPENHEIMER --
  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 identifying the sources
  of campaign telephone canvasses or "push polls"

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

  Section 1. Subdivision 1 of section 3-106  of  the  election  law,  as
amended  by chapter 8 of the laws of 1978 and as redesignated by chapter
9 of the laws of 1978, is amended to read as follows:
  1. (A) In addition to the powers and duties  elsewhere  enumerated  in
this article, the state board of elections, after public hearings, shall
adopt  a  "fair  campaign  code" [setting] WHICH SHALL SET forth ethical
standards of conduct  for  persons,  political  parties  and  committees
engaged  in  election  campaigns including, but not limited to, specific
prohibitions against practices of political espionage  and  other  poli-
tical  practices  [involving]  WHICH INVOLVE subversion of the political
parties and process, SUCH AS, BUT NOT LIMITED TO, THE  MISREPRESENTATION
OF THE CRIMINAL RECORD OR BACKGROUND, MORAL TURPITUDE, CHARACTER, VOTING
RECORD  OR  OTHER SPECIFIC ACTS OR OMISSIONS OF A CANDIDATE, TO A POTEN-
TIAL VOTER, BY MEANS OF PERSONAL CONTACT OR  TELEPHONE  CANVASS  FROM  A
LIST  OF  NAMES  OF  POTENTIAL  VOTERS NOT DERIVED FROM A SCIENTIFICALLY
MEASURABLE AND RANDOM SAMPLING TECHNIQUE AND WHICH CONTACT OR CANVASS IS
DESIGNED TO PERSUADE VOTERS RATHER THAN TO GATHER  A  RANDOM  SAMPLE  OF
OPINION,  AS  A  FOUNDATION  FOR ASKING A POTENTIAL VOTER IN ONE OR MORE
CANVASS QUESTIONS OR CANVASS SAMPLINGS WHICH ARE  SPECIFICALLY  DIRECTED
AT  PERSUADING A VOTER RATHER THAN AT GATHERING A RANDOM SAMPLE OF OPIN-
ION, AND CONDUCTED IN PERSON OR BY TELEPHONE HIS OR HER OPINION  OR  HOW
HE  OR  SHE  WILL  VOTE,  AND SPECIFIC REQUIREMENTS TO DISCLOSE THE TRUE
IDENTITY OF THE CALLER AND  BY WHOM THE CANVASS WAS COMMISSIONED AND  BY
WHOM  IT  IS CONDUCTED, SPONSORED AND PAID, AND IF PAID FOR OR SPONSORED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04056-02-1

S. 2427                             2

BY ONE OR MORE CANDIDATES OR BY A POLITICAL COMMITTEE SUPPORTING ONE  OR
MORE  CANDIDATES,  REQUIRING  THAT  FACT  AND  THEIR  IDENTITIES  TO  BE
DISCLOSED TO THE POTENTIAL VOTER.
  (B)  NO  CANDIDATE,  POLITICAL  PARTY  OR  COMMITTEE  SHALL ATTEMPT TO
PROMOTE THE SUCCESS OR DEFEAT OF A CANDIDATE BY, DIRECTLY OR INDIRECTLY,
DISCLOSING OR CAUSING TO BE DISCLOSED, THE RESULTS  OF  ANY  CANVASS  OR
POLL  RELATING TO A CANDIDATE FOR SUCH OFFICE OR POSITION, UNLESS WITHIN
FORTY-EIGHT HOURS AFTER SUCH  DISCLOSURE,  THEY  PROVIDE  THE  FOLLOWING
INFORMATION  CONCERNING THE CANVASS OR POLL TO THE BOARD OR OFFICER WITH
WHOM STATEMENTS OR COPIES OF STATEMENTS OF CAMPAIGN RECEIPTS AND EXPEND-
ITURES ARE REQUIRED TO BE FILED BY THE CANDIDATE TO WHOM SUCH CANVASS OR
POLL RELATES:
  (I) THE NAME OF THE PERSON, PARTY OR ORGANIZATION THAT CONTRACTED  FOR
OR WHOM COMMISSIONED THE CANVASS OR POLL AND/OR PAID FOR IT.
  (II)  THE  NAME  AND  ADDRESS  OF  THE ORGANIZATION THAT CONDUCTED THE
CANVASS OR POLL.
  (III) THE NUMERICAL SIZE OF THE TOTAL  CANVASS  OR  POLL  SAMPLE,  THE
GEOGRAPHIC  AREA  COVERED BY THE CANVASS OR POLL AND ANY SPECIAL CHARAC-
TERISTICS OF THE POPULATION INCLUDED IN THE CANVASS OR POLL SAMPLE.
  (IV) THE EXACT WORDING OF THE QUESTIONS ASKED IN THE CANVASS  OR  POLL
AND THE SEQUENCE OF SUCH QUESTIONS.
  (V) THE METHOD OF CANVASSING OR POLLING WHETHER BY PERSONAL INTERVIEW,
TELEPHONE, MAIL OR OTHER.
  (VI) THE TIME PERIOD DURING WHICH THE CANVASS OR POLL WAS CONDUCTED.
  (VII)  THE NUMBER OF PERSONS IN THE CANVASS OR POLL SAMPLE; THE NUMBER
CONTACTED WHO RESPONDED TO EACH SPECIFIC CANVASS OR POLL  QUESTION;  THE
NUMBER OF PERSONS CONTACTED WHO DID NOT SO RESPOND.
  (VIII) THE RESULTS OF THE CANVASS OR POLL.
  S  2.  Section  14-106 of the election law, as amended by chapter 8 of
the laws of 1978, is amended to read as follows:
  S 14-106. Political  advertisements  and  literature.  The  statements
required  to be filed under the provisions of this article next succeed-
ing a primary, general or special election shall  be  accompanied  by  a
facsimile  or  copy of all advertisements, pamphlets, circulars, flyers,
brochures, letterheads and other printed matter  purchased  or  produced
and  a  schedule  of all radio or television time, AND OF ANY CANVASSING
DESIGNED OR SPECIFICALLY  DIRECTED  TO  PERSUADE  POTENTIAL  VOTERS  AND
CONDUCTED  EITHER  IN  PERSON OR BY TELEPHONE, AS DESCRIBED IN PARAGRAPH
(A) OF SUBDIVISION ONE OF SECTION 3-106 OF  THIS  CHAPTER,  and  scripts
used therein, purchased in connection with such election by or under the
authority  of  the  person  filing the statement or the committee or the
person on whose behalf it is filed, as the case may be. Such facsimiles,
copies, schedules and scripts shall be preserved  by  the  officer  with
whom  or the board with which it is required to be filed for a period of
one year from the date of filing thereof.
  S 3. The election law is amended by adding a  new  section  17-153  to
read as follows:
  S  17-153.  UNLAWFUL CANVASSING.   IT SHALL BE UNLAWFUL FOR ANY CANDI-
DATE, POLITICAL COMMITTEE OR CONSTITUTED COMMITTEE, OR FOR AN  AGENT  OR
EMPLOYEE  OF,  OR  CONTRACTOR OR FIRM HIRED BY, ANY OF THE FOREGOING, OR
FOR ANY OTHER COMMITTEE, ASSOCIATION, PARTNERSHIP, CORPORATION, CAMPAIGN
WORKER OR VOLUNTEER OR OTHER PERSON, TO INITIATE, COMMISSION, SPONSOR OR
PARTICIPATE IN A CANVASS CONDUCTED EITHER IN PERSON OR BY TELEPHONE FROM
A LIST OF NAMES OF POTENTIAL VOTERS NOT DERIVED  FROM  A  SCIENTIFICALLY
MEASURABLE AND RANDOM SAMPLING TECHNIQUE AND WHICH CONTACT OR CANVASS IS
DESIGNED  TO  PERSUADE  VOTERS  RATHER THAN TO GATHER A RANDOM SAMPLE OF

S. 2427                             3

OPINION, OF POTENTIAL VOTERS RESPECTING ONE  OR  MORE  OF  SUCH  VOTER'S
PREFERENCES AMONG CANDIDATES OR FOR WHOM SUCH VOTER WILL VOTE, OR SOLIC-
ITING  SUCH VOTER'S OPINION ON A CAMPAIGN ISSUE, PRECEDED BY ONE OR MORE
MISREPRESENTATIONS FROM THE KINDS DESCRIBED IN PARAGRAPH (A) OF SUBDIVI-
SION ONE OF SECTION 3-106 OF THIS CHAPTER, IN ANY INSTANCE IN CONNECTION
WITH  A SUBSEQUENT PRIMARY, GENERAL, SPECIAL OR SCHOOL BOARD ELECTION TO
BE HELD WITHIN THIS STATE UNLESS AT THE BEGINNING OF  THE  EXECUTION  OF
THE CANVASS, THE PERSON IN DIRECT CONTACT WITH THE POTENTIAL VOTER IDEN-
TIFIES TO THE POTENTIAL VOTER THE TRUE NAME OF THE SPONSOR OR SOURCE, OF
THE  CANVASS, INCLUDING THE TRUE NAME, IF ANY, OF THE SPECIFIC CANDIDATE
OR COMMITTEE SUPPORTING A CANDIDATE ON BEHALF  OF  WHOM  THE  PERSON  IN
DIRECT  CONTACT  WITH  THE  POTENTIAL  VOTER WILL BE ASKING QUESTIONS OR
IMPARTING INFORMATION; AND, IF THE NAME OF THE COMMITTEE OR OTHER ENTITY
OR PERSON WHICH HAS OR WHO HAS  INITIATED,  COMMISSIONED,  SPONSORED  OR
PARTICIPATED  IN  THE TELEPHONE OR IN-PERSON CANVASS OF POTENTIAL VOTERS
DOES NOT INCLUDE THE NAME OF THE CANDIDATE AFFILIATED WITH OR  SUPPORTED
BY  SUCH  COMMITTEE,  OTHER  ENTITY OR PERSON, THEN THE CANDIDATE'S NAME
MUST BE DISCLOSED AT THE BEGINNING OF THE EXECUTION OF SUCH CANVASS,  IN
ADDITION TO THE NAME OF SUCH COMMITTEE, OTHER ENTITY OR PERSON.
  ANY  CANDIDATE, POLITICAL COMMITTEE OR CONSTITUTED COMMITTEE, OR AGENT
OR EMPLOYEE OF, OR CONTRACTOR OR FIRM HIRED BY, ANY OF THE FOREGOING, OR
ANY OTHER COMMITTEE,  ASSOCIATION,  PARTNERSHIP,  CORPORATION,  CAMPAIGN
WORKER OR VOLUNTEER OR OTHER PERSON, WHO OR WHICH KNOWINGLY VIOLATES ANY
OF THE FOREGOING PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A CLASS A
MISDEMEANOR,  WHICH  SHALL  BE  PUNISHABLE  AS PROVIDED IN THE PENAL LAW
NOTWITHSTANDING THE PROVISIONS OF SECTION 17-166 OF THIS ARTICLE.
  S 4. This act shall take effect on the first of December next succeed-
ing the date on which it shall have become  a  law,  provided,  however,
that  effective  immediately,  the addition, amendment and repeal of any
rules and regulations necessary for the implementation of  this  act  on
its  effective date are authorized and directed to be made and completed
on or before such effective date.

co-Sponsors

2011-S2427A (ACTIVE) - Details

See Assembly Version of this Bill:: A4356
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§3-106 & 14-106, add §17-153, El L
Versions Introduced in 2009-2010 Legislative Session:: S3863, A8074

2011-S2427A (ACTIVE) - Summary

Relates to identifying the sources of campaign telephone canvasses or "push polls".

2011-S2427A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2427A

PURPOSE:
To ban "push-polling" unless said poll meets strict public reporting
requirements. It also prevents legitimate scientific polling to be
used to influence elections without meeting strict reporting
requirements.

SUMMARY OF PROVISIONS:
Subdivision 1 of section 3-106 of the Election Law is amended to add
language defining the practice commonly known as "push-polling." A
"push-poll" is defined as:

* the misrepresentation of a candidate's background, morality,
character, voting record or any other acts by a candidate to a voter;
* a poll done by telephone or personal contact from a list of names
that is not obtained from a scientifically measurable or random
sampling technique;
* a poll specifically meant to persuade voters rather than gather a
random sample of information; and
* a poll which attempts to solicit a voter's opinion on what
candidate they will vote for.

This section is also amended to require full disclosure of a
"push-poll" including:

* the true identity of the caller;
* who commissioned the poll, conducts the poll, paid for the poll; and
* if the poll was paid for, or sponsored by, one or more candidates
or political committees supporting one or more candidates.

Adds a new paragraph B to subdivision 1 of section 3-106 of the
Election Law, codifying section 6201.2 of the rules and regulations
of the state Board of Election. This section prohibits a candidate,
political party or committee from attempting to promote the success
or defeat of a candidate by disclosing the results of a poll, unless
they report the following information to the state or local board of
election, whichever applies:

* the name of the person, party or organization that contracted or
commissioned the poll and paid for it;
* the name and address of the organization that conducted the poll;
* the total number of people in the polling sample, the geographic
area covered by the poll and any special characteristics of the
population included in the poll sample;
* the exact wording of the questions asked and the sequence of the
questions;
* the method of polling;
* the time period the poll was conducted;
* the number of persons in the polls sample, the number contacted who
responded to each question and the number of persons who did not

respond, and;
* the results of the canvass of poll.

Amends Section 14-106 of the Election Law to require "push-poll"
scripts to be filed with state or local board of elections.

Adds a new Section 17-153 of the Election Law making "push-polling"
unlawful in any primary, general, special or school board election
unless at the beginning of the execution of the poll the person in
contact with the voter tells the voter the true name of the sponsor
or source of the poll and the name of the candidate(s) or committee
on whose behalf the poll is being done. It defines classes of people,
organizations and businesses that could be held criminally liable for
Participating, initiating, commissioning, or sponsoring an unlawful
"push-poll." The section also makes violations of any section of this
legislation punishable as a class A misdemeanor.

JUSTIFICATION:
So-called "push-polls" are a deceptive campaign tool designed to
influence public opinion. A typical "push-poll" uses a phone bank to
call thousands of voters with questions that smear or denigrate the
opposing candidate. Questions such as "if you knew that candidate A
was a drunk (or a womanizer or tax evader or drug user) would you
still support him/her" are typical of "push-polls". "Push-polls" are
designed to persuade voters to vote against an opposing candidate.
They invariably fail to identify the true Source of the questioner,
often masquerading as a legitimate survey company.

Legitimate poll, may sometimes use questions to measure the potential
impact of different, including negative, campaign messages but they
are designed to measure the opinion of an electorate, not persuade.
Legitimate polling provides voters with the correct name of the
research firm conducting the poll.
Legitimate polling only surveys a scientifically drawn small sample of
voters. The bipartisan American Association of Political Consultants
has condemned the use of "push-polls." This professional association
has drawn a distinction between "push-polling" and the legitimate
survey research.

"Push-polling" is the latest and most fashionable in a long line of
political dirty tricks and has no place in New York State's
political process. This legislation is designed to ban the practice
of "push-polling" by requiring strict and comprehensive disclosure
requirements to voters receiving calls or other contacts and to local
board of elections. This legislation also codifies existing New York
State Board of Elections regulations requiring the comprehensive
disclosure of legitimate polling when the results of that polling are
used to influence the outcome of elections.

LEGISLATIVE HISTORY:

2011:    S.2427 - Elections Committee
2009-10: S.3863 - (Died, 3rd Reading)
2007-08: S.3931 - (Died, Elections)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act takes effect the first of December next succeeding the date
on which it becomes a law, with provisions.

2011-S2427A (ACTIVE) - Bill Text download pdf

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

                                 2427--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 20, 2011
                               ___________

Introduced  by  Sens.  STEWART-COUSINS, HASSELL-THOMPSON, OPPENHEIMER --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Elections  --  recommitted  to  the  Committee  on
  Elections in accordance with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the election law, in relation to identifying the sources
  of campaign telephone canvasses or "push polls"

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

  Section 1. Subdivision 1 of section 3-106  of  the  election  law,  as
amended  by chapter 8 of the laws of 1978 and as redesignated by chapter
9 of the laws of 1978, is amended to read as follows:
  1. (A) In addition to the powers and duties  elsewhere  enumerated  in
this article, the state board of elections, after public hearings, shall
adopt  a  "fair  campaign  code" [setting] WHICH SHALL SET forth ethical
standards of conduct  for  persons,  political  parties  and  committees
engaged  in  election  campaigns including, but not limited to, specific
prohibitions against practices of political espionage  and  other  poli-
tical  practices  [involving]  WHICH INVOLVE subversion of the political
parties and process, SUCH AS, BUT NOT LIMITED TO, THE  MISREPRESENTATION
OF THE CRIMINAL RECORD OR BACKGROUND, MORAL TURPITUDE, CHARACTER, VOTING
RECORD  OR  OTHER SPECIFIC ACTS OR OMISSIONS OF A CANDIDATE, TO A POTEN-
TIAL VOTER, BY MEANS OF PERSONAL CONTACT OR  TELEPHONE  CANVASS  FROM  A
LIST  OF  NAMES  OF  POTENTIAL  VOTERS NOT DERIVED FROM A SCIENTIFICALLY
MEASURABLE AND RANDOM SAMPLING TECHNIQUE AND WHICH CONTACT OR CANVASS IS
DESIGNED TO PERSUADE VOTERS RATHER THAN TO GATHER  A  RANDOM  SAMPLE  OF
OPINION,  AS  A  FOUNDATION  FOR ASKING A POTENTIAL VOTER IN ONE OR MORE
CANVASS QUESTIONS OR CANVASS SAMPLINGS WHICH ARE  SPECIFICALLY  DIRECTED
AT  PERSUADING A VOTER RATHER THAN AT GATHERING A RANDOM SAMPLE OF OPIN-
ION, AND CONDUCTED IN PERSON OR BY TELEPHONE HIS OR HER OPINION  OR  HOW

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04056-03-2

S. 2427--A                          2

HE  OR  SHE  WILL  VOTE,  AND SPECIFIC REQUIREMENTS TO DISCLOSE THE TRUE
IDENTITY OF THE CALLER AND  BY WHOM THE CANVASS WAS COMMISSIONED AND  BY
WHOM  IT  IS CONDUCTED, SPONSORED AND PAID, AND IF PAID FOR OR SPONSORED
BY  ONE OR MORE CANDIDATES OR BY A POLITICAL COMMITTEE SUPPORTING ONE OR
MORE  CANDIDATES,  REQUIRING  THAT  FACT  AND  THEIR  IDENTITIES  TO  BE
DISCLOSED TO THE POTENTIAL VOTER.
  (B)  NO  CANDIDATE,  POLITICAL  PARTY  OR  COMMITTEE  SHALL ATTEMPT TO
PROMOTE THE SUCCESS OR DEFEAT OF A CANDIDATE BY, DIRECTLY OR INDIRECTLY,
DISCLOSING OR CAUSING TO BE DISCLOSED, THE RESULTS  OF  ANY  CANVASS  OR
POLL  RELATING TO A CANDIDATE FOR SUCH OFFICE OR POSITION, UNLESS WITHIN
FORTY-EIGHT HOURS AFTER SUCH  DISCLOSURE,  THEY  PROVIDE  THE  FOLLOWING
INFORMATION  CONCERNING THE CANVASS OR POLL TO THE BOARD OR OFFICER WITH
WHOM STATEMENTS OR COPIES OF STATEMENTS OF CAMPAIGN RECEIPTS AND EXPEND-
ITURES ARE REQUIRED TO BE FILED BY THE CANDIDATE TO WHOM SUCH CANVASS OR
POLL RELATES:
  (I) THE NAME OF THE PERSON, PARTY OR ORGANIZATION THAT CONTRACTED  FOR
OR WHOM COMMISSIONED THE CANVASS OR POLL AND/OR PAID FOR IT.
  (II)  THE  NAME  AND  ADDRESS  OF  THE ORGANIZATION THAT CONDUCTED THE
CANVASS OR POLL.
  (III) THE NUMERICAL SIZE OF THE TOTAL  CANVASS  OR  POLL  SAMPLE,  THE
GEOGRAPHIC  AREA  COVERED BY THE CANVASS OR POLL AND ANY SPECIAL CHARAC-
TERISTICS OF THE POPULATION INCLUDED IN THE CANVASS OR POLL SAMPLE.
  (IV) THE EXACT WORDING OF THE QUESTIONS ASKED IN THE CANVASS  OR  POLL
AND THE SEQUENCE OF SUCH QUESTIONS.
  (V) THE METHOD OF CANVASSING OR POLLING WHETHER BY PERSONAL INTERVIEW,
TELEPHONE, MAIL OR OTHER.
  (VI) THE TIME PERIOD DURING WHICH THE CANVASS OR POLL WAS CONDUCTED.
  (VII)  THE NUMBER OF PERSONS IN THE CANVASS OR POLL SAMPLE; THE NUMBER
CONTACTED WHO RESPONDED TO EACH SPECIFIC CANVASS OR POLL  QUESTION;  THE
NUMBER OF PERSONS CONTACTED WHO DID NOT SO RESPOND.
  (VIII) THE RESULTS OF THE CANVASS OR POLL.
  S  2.  Section  14-106 of the election law, as amended by section 2 of
part E of chapter 399 of the  laws  of  2011,  is  amended  to  read  as
follows:
  S 14-106. Political communication. The statements required to be filed
under  the provisions of this article next succeeding a primary, general
or special election shall be accompanied by a  copy  of  all  broadcast,
cable  or  satellite  schedules  and  scripts, internet, print and other
types  of  advertisements,  pamphlets,  circulars,  flyers,   brochures,
letterheads,  CANVASSING  DESIGNED  OR SPECIFICALLY DIRECTED TO PERSUADE
POTENTIAL VOTERS AND CONDUCTED EITHER IN  PERSON  OR  BY  TELEPHONE,  AS
DESCRIBED  IN  PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 3-106 OF THIS
CHAPTER, and other printed matter purchased or  produced,  purchased  in
connection  with  such  election by or under the authority of the person
filing the statement or the committee or the person on whose  behalf  it
is  filed,  as the case may be. Such copies, schedules and scripts shall
be preserved by the officer with whom or the  board  with  which  it  is
required  to  be  filed for a period of one year from the date of filing
thereof.
  S 3. The election law is amended by adding a  new  section  17-153  to
read as follows:
  S  17-153.  UNLAWFUL CANVASSING.   IT SHALL BE UNLAWFUL FOR ANY CANDI-
DATE, POLITICAL COMMITTEE OR CONSTITUTED COMMITTEE, OR FOR AN  AGENT  OR
EMPLOYEE  OF,  OR  CONTRACTOR OR FIRM HIRED BY, ANY OF THE FOREGOING, OR
FOR ANY OTHER COMMITTEE, ASSOCIATION, PARTNERSHIP, CORPORATION, CAMPAIGN
WORKER OR VOLUNTEER OR OTHER PERSON, TO INITIATE, COMMISSION, SPONSOR OR

S. 2427--A                          3

PARTICIPATE IN A CANVASS CONDUCTED EITHER IN PERSON OR BY TELEPHONE FROM
A LIST OF NAMES OF POTENTIAL VOTERS NOT DERIVED  FROM  A  SCIENTIFICALLY
MEASURABLE AND RANDOM SAMPLING TECHNIQUE AND WHICH CONTACT OR CANVASS IS
DESIGNED  TO  PERSUADE  VOTERS  RATHER THAN TO GATHER A RANDOM SAMPLE OF
OPINION, OF POTENTIAL VOTERS RESPECTING ONE  OR  MORE  OF  SUCH  VOTER'S
PREFERENCES AMONG CANDIDATES OR FOR WHOM SUCH VOTER WILL VOTE, OR SOLIC-
ITING  SUCH VOTER'S OPINION ON A CAMPAIGN ISSUE, PRECEDED BY ONE OR MORE
MISREPRESENTATIONS FROM THE KINDS DESCRIBED IN PARAGRAPH (A) OF SUBDIVI-
SION ONE OF SECTION 3-106 OF THIS CHAPTER, IN ANY INSTANCE IN CONNECTION
WITH A SUBSEQUENT PRIMARY, GENERAL, SPECIAL OR SCHOOL BOARD ELECTION  TO
BE  HELD  WITHIN  THIS STATE UNLESS AT THE BEGINNING OF THE EXECUTION OF
THE CANVASS, THE PERSON IN DIRECT CONTACT WITH THE POTENTIAL VOTER IDEN-
TIFIES TO THE POTENTIAL VOTER THE TRUE NAME OF THE SPONSOR OR SOURCE, OF
THE CANVASS, INCLUDING THE TRUE NAME, IF ANY, OF THE SPECIFIC  CANDIDATE
OR  COMMITTEE  SUPPORTING  A  CANDIDATE  ON BEHALF OF WHOM THE PERSON IN
DIRECT CONTACT WITH THE POTENTIAL VOTER  WILL  BE  ASKING  QUESTIONS  OR
IMPARTING INFORMATION; AND, IF THE NAME OF THE COMMITTEE OR OTHER ENTITY
OR  PERSON  WHICH  HAS  OR WHO HAS INITIATED, COMMISSIONED, SPONSORED OR
PARTICIPATED IN THE TELEPHONE OR IN-PERSON CANVASS OF  POTENTIAL  VOTERS
DOES  NOT INCLUDE THE NAME OF THE CANDIDATE AFFILIATED WITH OR SUPPORTED
BY SUCH COMMITTEE, OTHER ENTITY OR PERSON,  THEN  THE  CANDIDATE'S  NAME
MUST  BE DISCLOSED AT THE BEGINNING OF THE EXECUTION OF SUCH CANVASS, IN
ADDITION TO THE NAME OF SUCH COMMITTEE, OTHER ENTITY OR PERSON.
  ANY CANDIDATE, POLITICAL COMMITTEE OR CONSTITUTED COMMITTEE, OR  AGENT
OR EMPLOYEE OF, OR CONTRACTOR OR FIRM HIRED BY, ANY OF THE FOREGOING, OR
ANY  OTHER  COMMITTEE,  ASSOCIATION,  PARTNERSHIP, CORPORATION, CAMPAIGN
WORKER OR VOLUNTEER OR OTHER PERSON, WHO OR WHICH KNOWINGLY VIOLATES ANY
OF THE FOREGOING PROVISIONS OF THIS SECTION SHALL BE GUILTY OF A CLASS A
MISDEMEANOR, WHICH SHALL BE PUNISHABLE AS  PROVIDED  IN  THE  PENAL  LAW
NOTWITHSTANDING THE PROVISIONS OF SECTION 17-166 OF THIS ARTICLE.
  S 4. This act shall take effect on the first of December next succeed-
ing  the  date  on  which it shall have become a law, provided, however,
that effective immediately, the addition, amendment and  repeal  of  any
rules  and  regulations  necessary for the implementation of this act on
its effective date are authorized and directed to be made and  completed
on or before such effective date.

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Senate Bill S2427A

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Archive: Last Bill Status - In Senate Committee Elections Committee

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Sponsored By

Andrea Stewart-Cousins

Archive: Last Bill Status - In Senate Committee Elections Committee

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co-Sponsors

Ruth Hassell-Thompson

Suzi Oppenheimer

2011-S2427 - Details

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2011-S2427 - Bill Text download pdf

co-Sponsors

Ruth Hassell-Thompson

Suzi Oppenheimer

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