senate Bill S5980B

2013-2014 Legislative Session

Requires the disclosure of the identity of certain entities making expenditures for political communications and provides penalties for failure to do so; repealer

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 04, 2014 print number 5980d
amend and recommit to elections
May 29, 2014 print number 5980c
amend (t) and recommit to elections
Feb 19, 2014 print number 5980b
amend and recommit to elections
Jan 08, 2014 referred to elections
Nov 13, 2013 print number 5980a
amend and recommit to rules
Nov 06, 2013 referred to rules

Bill Amendments

Original
A
B
C
D (Active)
Original
A
B
C
D (Active)

Co-Sponsors

S5980 - Bill Details

Current Committee:
Law Section:
Election Law
Laws Affected:
Amd §14-100, add §14-132, El L

S5980 - Bill Texts

view summary

Requires the disclosure of the identity of certain entities making expenditures for political communications and provides penalties for failure to do so.

view sponsor memo
BILL NUMBER:S5980

TITLE OF BILL: An act to amend the election law, in relation to
requiring the disclosure of the identity of certain entities making
expenditures for political communications and providing penalties for
failure to do so

PURPOSE:

This bill will require that political communications disclose the
identity of the candidate or committee that made the expenditure for
the communication.

SUMMARY OF PROVISIONS:

Section one of the bill amends section 14-100 of the election law by
adding a new subdivision 12 as it relates to the definition of
"political communication".

Section two of the bill amends the election law by adding a new
section 14-132 that would require disclosure on political
communications Political communications shall clearly state or speak a
disclaimer statement of "Paid for by" and the name of the candidate or
committee that made the expenditure for such communication. The bill
exempts promotional items that support a candidate, election, ballot
measure or issue including pens, bumper stickers, yard signs and
buttons.

The bill provides for penalties for violations of the section with
fines of up to $10,000 per violation and for a third offense a
misdemeanor.

JUSTIFICATION:

Most states including the Federal government have laws requiring
political communications disclose the sender's identity. This bill
will end anonymous mailings and require that all communications
clearly state who paid for it. Anonymous mailings and advertising
allow candidates and committees to avoid taking responsibility for the
content of the communication. Voters in all elections deserve to know
where the political mail is coming from and who is responsible for it.

LEGISLATIVE HISTORY:

New.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediate

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

                                  5980

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            November 6, 2013
                               ___________

Introduced  by  Sens.  GRIFFO, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules

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 COMMU-
NICATION. 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 THE SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11774-02-3

S. 5980                             2

  3.  NOVELTY  ITEMS,  THAT  SUPPORT  A  PARTICULAR CANDIDATE, ELECTION,
BALLOT MEASURE OR ISSUE AND LIMITS THE CONTENT OF COMMUNICATION  TO  THE
NAME,  OFFICE  AND  BRIEF  MESSAGE  OF SUPPORT, SHALL BE EXEMPT FROM THE
PROVISIONS OF THIS SECTION.   NOVELTY ITEMS SHALL  INCLUDE  BUT  NOT  BE
LIMITED TO, PENS, BUMPER STICKERS, YARD SIGNS, BUTTONS AND SIGNS.
  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.

Co-Sponsors

view additional co-sponsors

S5980A - Bill Details

Current Committee:
Law Section:
Election Law
Laws Affected:
Amd §14-100, add §14-132, El L

S5980A - Bill Texts

view summary

Requires the disclosure of the identity of certain entities making expenditures for political communications and provides penalties for failure to do so.

view sponsor memo
BILL NUMBER:S5980A

TITLE OF BILL: An act to amend the election law, in relation to
requiring the disclosure of the identity of certain entities making
expenditures for political communications and providing penalties for
failure to do so

PURPOSE:

This bill will require that political communications disclose the
identity of the candidate or committee that made the expenditure for
the communication.

SUMMARY OF PROVISIONS:

Section one of the bill amends section 14-100 of the election law by
adding a new subdivision 12 as it relates to the definition of
"political communication".

Section two of the bill amends the election law by adding a new
section 14-132 that would require disclosure on political
communications. Political communications shall clearly state or speak
a disclaimer statement of "Paid for by" and the name of the candidate
or committee that made the expenditure for such communication. The
bill exempts promotional hems that support a candidate, election,
ballot measure or issue including pens, bumper stickers, yard signs
and buttons.

The bill provides for penalties for violations of the section with
fines of up to $10,000 per violation and for a third offense a
misdemeanor.

JUSTIFICATION:

Most states including the Federal government have laws requiring
political communications disclose the sender's identity. This bill
will end anonymous mailings and require that all communications
clearly state who paid for it. Anonymous mailings and advertising
allow candidates and committees to avoid taking responsibility for the
content of the communication. Voters in all elections deserve to know
where the political mail is coming from and who is responsible for it.

LEGISLATIVE HISTORY:

New.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediate.

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

                                 5980--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            November 6, 2013
                               ___________

Introduced  by  Sens.  GRIFFO, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules --  commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted 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.   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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11774-04-3

S. 5980--A                          2

VISUAL, SUCH AS RADIO OR AUTOMATED TELEPHONE CALLS, CLEARLY SPEAKING THE
STATEMENT WILL SATISFY THE REQUIREMENTS OF THIS SECTION.
  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.

Co-Sponsors

view additional co-sponsors

S5980B - Bill Details

Current Committee:
Law Section:
Election Law
Laws Affected:
Amd §14-100, add §14-132, El L

S5980B - Bill Texts

view summary

Requires the disclosure of the identity of certain entities making expenditures for political communications and provides penalties for failure to do so.

view sponsor memo
BILL NUMBER:S5980B

TITLE OF BILL: An act to amend the election law, in relation to
requiring the disclosure of the identity of certain entities making
expenditures for political communications and providing penalties for
failure to do so

PURPOSE OF THE BILL:

This bill will require that political communications disclose the
identity of the candidate or committee that made the expenditure for
the communication.

SUMMARY OF PROVISIONS:

Section one of the bill amends section 14-100 of the election law by
adding a new subdivision 12 as it relates to the definition of
"political communication".

Section two of the bill amends the election law by adding a new
section 14-132 that would require disclosure on political
communications. The section includes definitions for political
communication, express advocacy, and clearly identified candidate.
Political communications shall clearly state or speak a disclaimer
statement of "Paid for by" and the name of the candidate or committee
that made the expenditure for such communication. The bill exempts
promotional items that support a candidate, election, ballot measure
or issue including pens, bumper stickers, yard signs and buttons. The
bill provides for penalties for violations of the section with fines
of up to $1,000 per violation and for a third offense a misdemeanor.

Section three of the bill relates to the effective date.

JUSTIFICATION:

Most states including the Federal government have laws requiring
political communications disclose the sender's identity. This bill
will end anonymous mailings and require that all communications
clearly state who paid for it. Anonymous mailings and advertising
allow candidates and committees to avoid taking responsibility for the
content of the communication. Voters in all elections deserve to know
where the political mail is coming from and who is responsible for it.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS FOR STATE:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                 5980--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            November 6, 2013
                               ___________

Introduced  by Sens. GRIFFO, ADDABBO, AVELLA, ESPAILLAT, HOYLMAN, KRUEG-
  ER, LATIMER -- read twice and ordered printed, and when printed to  be
  committed  to  the  Committee  on  Rules -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  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 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.
                                                           LBD11774-05-4

S. 5980--B                          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.

Co-Sponsors

view additional co-sponsors

S5980C - Bill Details

Current Committee:
Law Section:
Election Law
Laws Affected:
Amd §14-100, add §14-132, El L

S5980C - Bill Texts

view summary

Requires the disclosure of the identity of certain entities making expenditures for political communications and provides penalties for failure to do so.

view sponsor memo
BILL NUMBER:S5980C

TITLE OF BILL: An act to amend the election law, in relation to
requiring the disclosure of the identity of certain entities making
expenditures for political 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

PURPOSE OF THE BILL:

This bill will require that political communications disclose the
identity of the political committee that made the expenditure for the
communication.

SUMMARY OF PROVISIONS:

Section one of the bill amends section 14-106 of the election law as
it relates to requiring disclosure on political communications. The
section requires a "paid for by" statement for all political
communications including printed, digital, visual or auditory
communications. Political communications shall clearly print, state or
speak a disclaimer statement of "Paid for by" and the name of the
political committee that made the expenditure for such communication.
The bill exempts promotional items that are of nominal value and
contain a brief message of support including pens, bumper stickers,
yard signs and buttons. Digital media which is too small to contain a
disclosure statement shall be exempt if it contains a link to a
webpage where such disclosure is prominently displayed.

Section two of the bill repeals subdivision two of section 14-107 of
the election law.

Section three of the bill amends subdivision four of section 14-126 of
the election as it relates to penalties. The bill provides penalties
for violations of the section with fines of up to $1,000 per violation
or up to the cost of the communication, whichever is greater.

Section four of the bill relates authorizes the board of elections to
promulgate rules and regulations necessary to implement the provisions
of this section.

Section five of the bill relates to the effective date.

JUSTIFICATION:

Most states including the Federal government have laws requiring
political communications disclose the sender's identity. This bill
will end anonymous mailings and require that all communications
clearly state who Paid for it. Anonymous mailings and advertising
allow candidates and committees to avoid taking responsibility for the
content of the communication. Voters in all elections deserve to know
where the political mail is coming from and who is responsible for it.

PRIOR LEGISLATIVE HISTORY:

New bill.


FISCAL IMPLICATIONS FOR STATE:

None.

EFFECTIVE DATE:

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.

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

                                 5980--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            November 6, 2013
                               ___________

Introduced  by Sens. GRIFFO, ADDABBO, AVELLA, ESPAILLAT, HOYLMAN, KRUEG-
  ER, LATIMER -- read twice and ordered printed, and when printed to  be
  committed  to  the  Committee  on  Rules -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  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 -- 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,
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11774-08-4

S. 5980--C                          2

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.

Co-Sponsors

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S5980D (ACTIVE) - Bill Details

Current Committee:
Law Section:
Election Law
Laws Affected:
Amd §14-100, add §14-132, El L

S5980D (ACTIVE) - Bill Texts

view summary

Requires the disclosure of the identity of certain entities making expenditures for political communications and provides penalties for failure to do so.

view sponsor memo
BILL NUMBER:S5980D

TITLE OF BILL: An act to amend the election law, in relation to
requiring the disclosure of the identity of certain entities making
expenditures for political 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

PURPOSE OF THE BILL:

This bill will require that political communications disclose the
identity of the political committee that made the expenditure for the
communication.

SUMMARY OF PROVISIONS:

Section one of the bill amends section 14-106 of the election law as
it relates to requiring disclosure on political communications. The
section requires a "paid for by" statement for all political
communications including printed, digital, visual or auditory
communications. Political communications shall clearly print, state or
speak a disclaimer statement of "Paid for by" and the name of the
political committee that made the expenditure for such communication.
The bill exempts promotional items that are of nominal value and
contain a brief message of support including pens, bumper stickers,
yard signs and buttons. Digital media which is too small to contain a
disclosure statement shall be exempt if it contains a link to a
webpage where such disclosure is prominently displayed.

Section two of the bill repeals subdivision two of section 14-107 of
the election law.

Section three of the bill amends subdivision three of section 14-126
of the election as it relates to penalties. The bill provides
penalties for violations of the section with fines of up to $1,000 per
violation or up to the cost of the communication, whichever is
greater.

Section four of the bill relates authorizes the board of elections to
promulgate rules and regulations necessary to implement the provisions
of this section.

Section five of the bill relates to the effective date.

JUSTIFICATION:

Most states including the Federal government have laws requiring
political communications disclose the sender's identity. This bill
will end anonymous mailings and require that all communications
clearly state who Paid for it. Anonymous mailings and advertising
allow candidates and committees to avoid taking responsibility for the
content of the communication.

Voters in all elections deserve to know where the political mail is
coming from and who is responsible for it.

PRIOR LEGISLATIVE HISTORY:


New bill.

FISCAL IMPLICATIONS FOR STATE:

None.

EFFECTIVE DATE:

This act shall take effect January 1, 2015.

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

                                 5980--D

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            November 6, 2013
                               ___________

Introduced  by Sens. GRIFFO, ADDABBO, AVELLA, ESPAILLAT, HOYLMAN, KRUEG-
  ER, LATIMER -- read twice and ordered printed, and when printed to  be
  committed  to  the  Committee  on  Rules -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  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 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  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,
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11774-12-4

S. 5980--D                          2

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 3 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:
  3. [Any person who falsely identifies or knowingly fails  to  identify
any  independent  expenditure  as required by subdivision two of section
14-107 of this article shall be subject to a civil  penalty  up  to  one
thousand  dollars  or  up to the cost of the communication, whichever is
greater, in a special proceeding or civil action brought  by  the  state
board  of elections chief enforcement counsel or imposed directly by the
state board of elections. For purposes of  this  subdivision,  the  term
"person"  shall mean a person, group of persons, corporation, unincorpo-
rated business entity, labor organization or business, trade or  profes-
sional  association  or organization or political committee.] 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, WHICHEVER 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.

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