NY State Senate Bill 2017-S3154A

Senate Bill S3154A

2017-2018 Legislative Session

Relates to disclosure of the identities of political committees making certain expenditures for 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to elections
Mar 06, 2017	print number 3154a
Mar 06, 2017	amend and recommit to elections
Jan 20, 2017	referred to elections

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S3154 - Details

See Assembly Version of this Bill:: A2158
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§14-106, 14-107 & 14-126, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5980
2015-2016: S2157, A4286
2019-2020: S4910, A4668

2017-S3154 - Summary

Relates to disclosure of the identities of political committees making certain expenditures for political communications.

2017-S3154 - Sponsor Memo

                                 BILL NUMBER:  S3154

 TITLE OF BILL :  An act to amend the election law, in relation to
disclosure of the identities of political committees making certain
expenditures for political communications

 PURPOSE :

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 amends subdivision 2 of section 14-107 to
ensure that individuals' private communication expenditures display
the name of the payer, consistent with the language of section 14-106.

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. This amends the subdivision to include the failure to
identify any participating political committee.

 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 :

2015-16 - S. 2157b - Elections Committee/A. 4286B - Passed Assembly.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
January 1, 2018.

2017-S3154 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3154
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by  Sens.  GRIFFO,  AVELLA,  RANZENHOFER  --  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 disclosure of the iden-
   tities  of  political committees making certain expenditures for poli-
   tical communications

   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:
   § 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
 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

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

                                                            LBD04296-02-7

 S. 3154                             2
 
 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 AUTO-
 MATED 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.
   §  2.  Subdivision 2 of section 14-107 of the election law, as amended
 by section 2 of part A of chapter 286 of the laws of 2016, is amended to
 read as follows:
   2. Whenever any person makes an independent expenditure that costs one
 thousand dollars or more in the aggregate, such communication shall,  IN
 A  MANNER  CONSISTENT WITH SECTION 14-106 OF THIS ARTICLE, clearly state
 the name of the person who paid for, or otherwise published or  distrib-
 uted the communication and state, with respect to communications regard-
 ing  candidates,  that the communication was not expressly authorized or
 requested by any candidate, or by any candidate's political committee or
 any of its agents.
   § 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 OR ANY POLITICAL COMMITTEE AS REQUIRED IN SECTION
 14-106 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.
   § 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.
   § 5. This act shall take effect January 1, 2018.

co-Sponsors

2017-S3154A (ACTIVE) - Details

See Assembly Version of this Bill:: A2158
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§14-106, 14-107 & 14-126, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5980
2015-2016: S2157, A4286
2019-2020: S4910, A4668

2017-S3154A (ACTIVE) - Summary

Relates to disclosure of the identities of political committees making certain expenditures for political communications.

2017-S3154A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3154A

 TITLE OF BILL :  An act to amend the election law, in relation to
disclosure of the identities of political committees making certain
expenditures for political communications

 PURPOSE :

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 amends subdivision 2 of section 14-107 to
ensure that individuals' private communication expenditures display
the name of the payer, consistent with the language of section 14-106.

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. This amends the subdivision to include the failure to
identify any participating political committee.

 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 :

2015-16 - S. 2157b - Elections Committee/A. 4286B - Passed Assembly.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
The first of January next succeeding the date upon which it shall have
become law.

2017-S3154A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3154--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by  Sens.  GRIFFO,  AVELLA,  RANZENHOFER  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Elections  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the election law, in relation to disclosure of the iden-
   tities of political committees making certain expenditures  for  poli-
   tical communications
 
   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:
   §  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
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04296-04-7

 S. 3154--A                          2
 
 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 AUTO-
 MATED 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.
   §  2.  Subdivision 2 of section 14-107 of the election law, as amended
 by section 2 of part A of chapter 286 of the laws of 2016, is amended to
 read as follows:
   2. Whenever any person makes an independent expenditure that costs one
 thousand dollars or more in the aggregate, such communication shall,  IN
 A  MANNER  CONSISTENT WITH SECTION 14-106 OF THIS ARTICLE, clearly state
 the name of the person who paid for, or otherwise published or  distrib-
 uted the communication and state, with respect to communications regard-
 ing  candidates,  that the communication was not expressly authorized or
 requested by any candidate, or by any candidate's political committee or
 any of its agents.
   § 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 OR ANY POLITICAL COMMITTEE AS REQUIRED IN SECTION
 14-106 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.
   § 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.
   § 5. This act shall take effect on the first of January next  succeed-
 ing the date upon which it shall have become a law.

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Senate Bill S3154A

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Sponsored By

Joseph A. Griffo

Archive: Last Bill Status - In Senate Committee Elections Committee

Bill Amendments

co-Sponsors

Tony Avella

Michael H. Ranzenhofer

2017-S3154 - Details

2017-S3154 - Summary

2017-S3154 - Sponsor Memo

2017-S3154 - Bill Text download pdf

co-Sponsors

Tony Avella

Shelley B. Mayer

Michael H. Ranzenhofer

Luis R. Sepúlveda

2017-S3154A (ACTIVE) - Details

2017-S3154A (ACTIVE) - Summary

2017-S3154A (ACTIVE) - Sponsor Memo

2017-S3154A (ACTIVE) - Bill Text download pdf

Comments