Assembly Bill A8187C

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

                                  8187

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             October 4, 2013
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
  Committee on Election Law

AN ACT to amend the election law, in relation to requiring  the  disclo-
  sure of the identity of certain entities making expenditures for poli-
  tical communications and providing penalties for failure to do so

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

  Section 1. Section 14-100 of the election law is amended by  adding  a
new subdivision 12 to read as follows:
  12.  "POLITICAL  COMMUNICATION"  MEANS  ANY PRINT, RADIO, TELEVISED OR
INTERNET ADVERTISING, BROCHURE, FLYER, POSTER, MAILING OR OTHER COMMUNI-
CATION THAT ADVOCATES FOR OR AGAINST A CANDIDATE, ELECTION, BALLOT MEAS-
URE OR ISSUE.
  S 2. The election law is amended by adding a  new  section  14-132  to
read as follows:
  S  14-132.  POLITICAL  COMMUNICATION DISCLOSURE. 1.   ANY CANDIDATE OR
POLITICAL COMMITTEE THAT MAKES AN EXPENDITURE FOR A  POLITICAL  COMMUNI-
CATION,  WHICH  ADVOCATES  FOR  OR  AGAINST A CANDIDATE, BALLOT MEASURE,
ELECTION OUTCOME OR ISSUE, SHALL BE REQUIRED TO HAVE THE IDENTITY OF THE
CANDIDATE OR POLITICAL COMMITTEE DISCLOSED ON  SUCH  POLITICAL  COMMUNI-
CATION.  THE  DISCLOSURE  ON PRINTED POLITICAL COMMUNICATIONS, INCLUDING
BUT NOT LIMITED TO BROCHURES, FLYERS, POSTERS, MAILINGS, INTERNET ADVER-
TISEMENTS, SHALL BE PRINTED OR TYPED IN AN APPROPRIATE AND LEGIBLE  FORM
TO READ AS FOLLOWS: "PAID FOR BY: [REGISTERED NAME OF CANDIDATE OR POLI-
TICAL COMMITTEE THAT MADE EXPENDITURE]".
  2. THE DISCLOSURE ON NON-PRINTED POLITICAL COMMUNICATIONS SHALL CLEAR-
LY  AND PROMINENTLY DISPLAY AND SPEAK THE FOLLOWING STATEMENT: "PAID FOR
BY: [REGISTERED NAME OF  CANDIDATE  OR  POLITICAL  COMMITTEE  THAT  MADE
EXPENDITURE]".  IN  THE  CASE  OF  A POLITICAL COMMUNICATION THAT IS NOT
VISUAL, SUCH AS RADIO OR AUTOMATED TELEPHONE CALLS, CLEARLY SPEAKING THE
STATEMENT WILL SATISFY THE REQUIREMENTS OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11774-03-3
              

A. 8187                             2

  3. PROMOTIONAL ITEMS THAT SUPPORT A  PARTICULAR  CANDIDATE,  ELECTION,
BALLOT  MEASURE  OR  ISSUE AND LIMIT THE CONTENT OF COMMUNICATION TO THE
NAME, OFFICE AND BRIEF MESSAGE OF SUPPORT,  SHALL  BE  EXEMPT  FROM  THE
PROVISIONS  OF  THIS SECTION.  PROMOTIONAL ITEMS SHALL BE ITEMS THAT ARE
OF  NOMINAL  VALUE  AND  ARE  DISTRIBUTED  TO SUPPORTERS IN AN EFFORT TO
PROMOTE A PARTICULAR  CANDIDATE,  ELECTION,  BALLOT  MEASURE  OR  ISSUE.
PROMOTIONAL  ITEMS INCLUDE BUT ARE NOT LIMITED TO PENS, BUMPER STICKERS,
YARD SIGNS, BUTTONS, SHIRTS, BAGS OR BALLOONS.
  4. A. ANY PERSON WHO FAILS TO MAKE A DISCLOSURE  AS  REQUIRED  BY  THE
PROVISIONS  OF  THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY, NOT IN
EXCESS OF TEN THOUSAND DOLLARS FOR EACH VIOLATION, TO BE RECOVERABLE  IN
A SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT BY THE STATE BOARD OF
ELECTIONS OR OTHER BOARD OF ELECTIONS.
  B.  ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION THREE TIMES
UPON THE OCCURRENCE OF THE THIRD VIOLATION SHALL BE GUILTY OF  A  MISDE-
MEANOR.
  S 3. This act shall take effect immediately.

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

                                 8187--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             October 4, 2013
                               ___________

Introduced  by  M.  of  A. ZEBROWSKI, LUPARDO, McDONALD, JAFFEE, THIELE,
  SIMOTAS,  MILLMAN,  BENEDETTO,  PAULIN,  QUART,  DINOWITZ,  SEPULVEDA,
  HENNESSEY,  STIRPE,  ROSENTHAL, STECK, FAHY, CAHILL, GALEF, GOTTFRIED,
  BROOK-KRASNY, MILLER, SOLAGES, CYMBROWITZ, RAIA, JACOBS -- Multi-Spon-
  sored by -- M. of A.  BRENNAN, CROUCH, GLICK, MAGEE,  MAYER,  SWEENEY,
  WEISENBERG  -- read once and referred to the Committee on Election Law
  -- recommitted to the Committee on Election  Law  in  accordance  with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to amend the election law, in relation to requiring the disclo-
  sure of the identity of certain entities making expenditures for poli-
  tical communications and providing penalties for failure to do so

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

  Section  1.  Section 14-100 of the election law is amended by adding a
new subdivision 12 to read as follows:
  12. "POLITICAL COMMUNICATION" MEANS ANY  PRINT,  RADIO,  TELEVISED  OR
INTERNET ADVERTISING, BROCHURE, FLYER, POSTER, MAILING OR OTHER COMMUNI-
CATION THAT ADVOCATES FOR OR AGAINST A CANDIDATE, ELECTION, BALLOT MEAS-
URE OR ISSUE.
  S  2.  The  election  law is amended by adding a new section 14-132 to
read as follows:
  S 14-132. POLITICAL COMMUNICATION DISCLOSURE. 1. FOR THE  PURPOSES  OF
THIS SECTION:
  A.  "POLITICAL  COMMUNICATION"  MEANS  ANY  PRINT, RADIO, TELEVISED OR
INTERNET  ADVERTISING,  BROCHURE,  FLYER,  POSTER,  MAILING,  ELECTRONIC
COMMUNICATION,  INCLUDING BY COMPUTER OR OTHER ELECTRONIC DEVICE INCLUD-
ING, BUT NOT LIMITED TO, ELECTRONIC  MAIL  OR  TEXT  MESSAGE,  OR  OTHER
COMMUNICATION  THAT  EXPRESSLY  ADVOCATES  FOR OR AGAINST A CANDIDATE OR
ADVOCATES FOR OR AGAINST A BALLOT MEASURE OR ISSUE.
  B. "EXPRESS ADVOCACY" MEANS A COMMUNICATION:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11774-06-4
              

A. 8187--A                          2

  (1) THAT CONTAINS EXPRESS WORDS SUCH AS VOTE, OPPOSE, SUPPORT,  ELECT,
DEFEAT, OR REJECT, WHICH CALL FOR THE ELECTION OR DEFEAT OF A CANDIDATE,
OR
  (2)  WHEN  TAKEN AS A WHOLE WITH LIMITED REFERENCE OR EXTERNAL EVENTS,
SUCH AS THE PROXIMITY TO THE ELECTION, COULD ONLY BE  INTERPRETED  BY  A
REASONABLE  PERSON  AS  CONTAINING ADVOCACY OF THE ELECTION OR DEFEAT OF
ONE OR MORE CLEARLY IDENTIFIED CANDIDATES BECAUSE:
  (A) THE ELECTORAL PORTION OF THE COMMUNICATION IS UNMISTAKABLE,  UNAM-
BIGUOUS, AND SUGGESTIVE OF ONLY ONE MEANING; AND
  (B)  REASONABLE  MINDS  COULD  NOT  DIFFER AS TO WHETHER IT ENCOURAGES
ACTIONS TO ELECT OR DEFEAT ONE OR MORE CLEARLY IDENTIFIED CANDIDATES  OR
ENCOURAGES SOME OTHER KIND OF ACTION.
  C. "CLEARLY IDENTIFIED CANDIDATE" 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.
  2. ANY CANDIDATE OR POLITICAL COMMITTEE THAT MAKES AN EXPENDITURE  FOR
A  POLITICAL  COMMUNICATION,  WHICH EXPRESSLY ADVOCATES FOR OR AGAINST A
CLEARLY IDENTIFIED CANDIDATE OR ADVOCATES FOR OR AGAINST A BALLOT  MEAS-
URE,  OR ISSUE, SHALL BE REQUIRED TO DISCLOSE THE IDENTITY OF THE CANDI-
DATE OR POLITICAL COMMITTEE WHICH MADE THE EXPENDITURE ON SUCH POLITICAL
COMMUNICATION.  THE  DISCLOSURE  ON  PRINTED  POLITICAL  COMMUNICATIONS,
INCLUDING  BUT  NOT  LIMITED  TO  BROCHURES,  FLYERS, POSTERS, MAILINGS,
INTERNET ADVERTISEMENTS, SHALL BE PRINTED OR  TYPED  IN  AN  APPROPRIATE
LEGIBLE FORM TO READ AS FOLLOWS: "PAID FOR BY:"  FOLLOWED BY THE NAME OF
THE POLITICAL COMMITTEE MAKING THE EXPENDITURE.
  3. THE DISCLOSURE ON NON-PRINTED POLITICAL COMMUNICATIONS SHALL CLEAR-
LY  AND  PROMINENTLY DISPLAY OR SPEAK THE FOLLOWING STATEMENT: "PAID FOR
BY:"  FOLLOWED BY THE NAME OF THE POLITICAL COMMITTEE MAKING THE EXPEND-
ITURE.  IN THE CASE OF A POLITICAL COMMUNICATION  THAT  IS  NOT  VISUAL,
SUCH  AS RADIO OR AUTOMATED TELEPHONE CALLS, CLEARLY SPEAKING THE STATE-
MENT WILL SATISFY THE REQUIREMENTS OF THIS SECTION.
  4. PROMOTIONAL ITEMS THAT SUPPORT A  PARTICULAR  CANDIDATE,  ELECTION,
BALLOT  MEASURE  OR  ISSUE AND LIMIT THE CONTENT OF COMMUNICATION TO THE
NAME, OFFICE AND BRIEF MESSAGE OF SUPPORT,  SHALL  BE  EXEMPT  FROM  THE
PROVISIONS OF THIS SECTION. PROMOTIONAL ITEMS SHALL BE ITEMS THAT ARE OF
NOMINAL  VALUE AND ARE DISTRIBUTED TO SUPPORTERS IN AN EFFORT TO PROMOTE
A PARTICULAR CANDIDATE, ELECTION, BALLOT MEASURE OR  ISSUE.  PROMOTIONAL
ITEMS  INCLUDE BUT ARE NOT LIMITED TO PENS, BUMPER STICKERS, YARD SIGNS,
BUTTONS, SHIRTS, BAGS OR BALLOONS.
  5. ANY PERSON WHO FAILS TO  MAKE  A  DISCLOSURE  AS  REQUIRED  BY  THE
PROVISIONS  OF  THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY, NOT IN
EXCESS OF ONE THOUSAND DOLLARS FOR EACH VIOLATION, TO BE RECOVERABLE  IN
A SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT BY THE STATE BOARD OF
ELECTIONS OR OTHER BOARD OF ELECTIONS.
  6.  ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION THREE TIMES
UPON THE OCCURRENCE OF THE THIRD VIOLATION SHALL BE GUILTY OF  A  MISDE-
MEANOR.
  S 3. This act shall take effect immediately.

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

                                 8187--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             October 4, 2013
                               ___________

Introduced  by  M.  of  A. ZEBROWSKI, LUPARDO, McDONALD, JAFFEE, THIELE,
  SIMOTAS,  MILLMAN,  BENEDETTO,  PAULIN,  QUART,  DINOWITZ,  SEPULVEDA,
  HENNESSEY,  STIRPE,  ROSENTHAL, STECK, FAHY, CAHILL, GALEF, GOTTFRIED,
  BROOK-KRASNY,  MILLER,  SOLAGES,  CYMBROWITZ,  RAIA,  JACOBS,  WEPRIN,
  LIFTON,  ABINANTI  --  Multi-Sponsored by -- M. of A. BRENNAN, CROUCH,
  GLICK, MAGEE, MAYER, SWEENEY, WEISENBERG -- read once and referred  to
  the  Committee  on  Election  Law  --  recommitted to the Committee on
  Election Law in accordance with Assembly Rule 3, sec. 2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee -- reported and referred to the Committee on Codes
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to amend the election law, in relation to requiring the disclo-
  sure of the identity of certain entities making expenditures for poli-
  tical communications and providing penalties for failure to do so; and
  to repeal subdivision 2 of section 14-107  of  such  law  relating  to
  independent expenditure reporting

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

  Section 1. Section 14-106 of the election law, as amended by section 3
of subpart C of part H of chapter 55 of the laws of 2014, is amended  to
read as follows:
  S  14-106.  Political  communication. 1. 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 broad-
cast,  cable  or  satellite  schedules  and scripts, internet, print and
other types of advertisements, pamphlets, circulars, flyers,  brochures,
letterheads  and other printed matter purchased or produced, and reprod-
uctions of statements or information published to five hundred  or  more
members  of  a  general  public audience by computer or other electronic
device including but not limited to electronic  mail  or  text  message,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11774-07-4
              

A. 8187--B                          2

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.
  2.  ALL  POLITICAL COMMITTEES THAT MAKE AN EXPENDITURE FOR A POLITICAL
COMMUNICATION SHALL BE REQUIRED TO DISCLOSE THE IDENTITY  OF  THE  POLI-
TICAL  COMMITTEE  WHICH MADE THE EXPENDITURE FOR SUCH POLITICAL COMMUNI-
CATION. THE DISCLOSURE ON PRINTED OR DIGITAL  POLITICAL  COMMUNICATIONS,
INCLUDING  BUT  NOT  LIMITED TO BROCHURES, FLYERS, POSTERS, MAILINGS, OR
INTERNET ADVERTISING SHALL BE PRINTED OR TYPED IN AN APPROPRIATE LEGIBLE
FORM TO READ AS FOLLOWS: "PAID FOR BY:" FOLLOWED  BY  THE  NAME  OF  THE
POLITICAL COMMITTEE MAKING THE EXPENDITURE. THE DISCLOSURE ON NON-PRINT-
ED  OR  DIGITAL  POLITICAL  COMMUNICATIONS SHALL CLEARLY AND PROMINENTLY
DISPLAY AND/OR SPEAK THE FOLLOWING STATEMENT:  "PAID FOR  BY:"  FOLLOWED
BY  THE  NAME  OF THE POLITICAL COMMITTEE MAKING THE EXPENDITURE. IN THE
CASE OF A POLITICAL COMMUNICATION THAT IS NOT VISUAL, SUCH AS  RADIO  OR
AUTOMATED  TELEPHONE  CALLS, CLEARLY SPEAKING THE STATEMENT WILL SATISFY
THE REQUIREMENTS OF THIS SECTION.
  3. POLITICAL COMMUNICATIONS  THAT  ARE  CONSIDERED  PROMOTIONAL  ITEMS
WHICH  SUPPORT A PARTICULAR CANDIDATE, ELECTION, BALLOT MEASURE OR ISSUE
AND LIMIT THE CONTENT OF COMMUNICATION TO THE  NAME,  OFFICE  AND  BRIEF
MESSAGE  OF  SUPPORT, SHALL BE EXEMPT FROM THE PROVISIONS OF SUBDIVISION
TWO OF THIS SECTION. PROMOTIONAL ITEMS SHALL BE ITEMS THAT ARE OF  NOMI-
NAL  VALUE  AND  ARE  DISTRIBUTED  TO THE GENERAL PUBLIC IN AN EFFORT TO
PROMOTE A  PARTICULAR  CANDIDATE,  ELECTION,  BALLOT  MEASURE  OR  ISSUE
INCLUDING BUT NOT LIMITED TO PENS, BUMPER STICKERS, YARD SIGNS, BUTTONS,
SHIRTS, BAGS OR BALLOONS.
  4.  POLITICAL  COMMUNICATION  THAT  IS  CONSIDERED DIGITAL MEDIA WHICH
ADVERTISES FOR A PARTICULAR CANDIDATE, ELECTION, BALLOT MEASURE OR ISSUE
WHICH LIMITS THE CONTENT OF COMMUNICATION TO THE NAME, OFFICE AND  BRIEF
MESSAGE  SHALL  NOT  BE  SUBJECT TO THE PROVISIONS OF SUBDIVISION TWO OF
THIS SECTION IF SUCH DIGITAL MEDIA IS UNABLE TO CONTAIN  THE  "PAID  FOR
BY"  STATEMENT  DUE  TO  ITS  SMALL  SIZE AND CONTAINS A LINK TO ANOTHER
WEBPAGE WHERE THE "PAID FOR BY" STATEMENT IS PROMINENTLY DISPLAYED.
  S 2. Subdivision 2 of section 14-107 of the election law is REPEALED.
  S 3. Subdivision 4 of section 14-126 of the election law, as added  by
section  6  of subpart C of part H of chapter 55 of the laws of 2014, is
amended to read as follows:
  4. [Any person who knowingly and willfully fails to file  a  statement
required  to  be  filed  by  this article within ten days after the date
provided for filing such statement or any person who knowingly and will-
fully violates any other provision of this article shall be guilty of  a
misdemeanor]  ANY PERSON WHO KNOWINGLY FAILS TO DISCLOSE THE IDENTITY OF
A POLITICAL COMMITTEE  ON  A  POLITICAL  COMMUNICATION  AS  REQUIRED  BY
SECTION 14-106 OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY OF UP
TO ONE THOUSAND DOLLARS OR UP TO THE COST OF THE COMMUNICATION, WHICHEV-
ER IS GREATER, IN A SPECIAL PROCEEDING OR CIVIL ACTION.
  S 4. The state board of elections shall promulgate all rules and regu-
lations  necessary  to implement the provisions of this act on or before
its effective date.
  S 5. This act shall take effect January  1,  2015;  provided  that  if
subpart  C  of part H of chapter 55 of the laws of 2014 is not in effect
on such date, then this act shall take effect on the same  date  and  in
the same manner as such subpart, as amended, takes effect.