NY State Senate Bill 2017-S6896

Senate Bill S6896

2017-2018 Legislative Session

Relates to disclosure of the identities of political committees, persons, organizations or agents 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
Mar 19, 2018	notice of committee consideration - requested
Jan 03, 2018	referred to elections
Oct 06, 2017	print number 6896a
Oct 06, 2017	amend (t) and recommit to rules
Oct 02, 2017	referred to rules

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S6896 - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§14-106, 14-107 & 14-126, El L

2017-S6896 - Summary

Relates to disclosure of the identities of political committees, persons, organizations or agents making certain expenditures for political communications; broadens the definition of "political communications".

2017-S6896 - Sponsor Memo

                                
 
BILL NUMBER: S6896

SPONSOR: KAMINSKY
 
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 expands on what constitutes political communications for
purposes of reporting under the election law and requires said communi-
cations to state who is specifically paying for the content.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends section 14-106 of the election law as it
relates to requiring disclosure of political communications. The current
definition for political communication is expanded to capture communi-
cations that may not reference a candidate but nonetheless include key
terms such as "vote", "oppose", "support", "elect", "defeat" or "reject"
in the ad itself. The section also specifically adds digital communi-

cations to the list of those communications in current law.

Political communications would be required to have a "paid for by"
statement on all related material. The statement would have to be in
plain view on all communications, irrespective of the medium used.

Section two of the bill amends subdivision 2 of section 14-107 (Inde-
pendent Expenditure reporting) 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 law 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 partic-
ipating political committee.

 
JUSTIFICATION:

Unlike federal law and countless other states, there is no requirement
in New York that political communications from certain groups or organ-
izations reveal who pays for them. In today's political environment,
campaign advertising knows no specific medium and ranges from radio to
television to digital ads. The ways in which campaigns communicate with
voters are constantly changing, moving more and more into digital forms,
rather than traditional mail or broadcast.  Complicating this landscape
further, ads are often written or posted in ways that deliberately
mislead voters about a candidate's record or positions. As a result,
anonymous ads saturate voters online and blur what is true and what is
not.

Unfortunately, these types of ads have become the norm for voters who
are increasingly faced with trying to decipher what is real versus
"fake" news. Earlier in September for example, Facebook disclosed to
federal investigators that it sold $100,000 worth of advertising to an
online troll farm connected with the Russian government in an attempt to
influence the 2016 presidential election. Here in New York, Facebook
sponsored ads by groups such as "NYS Public Schools" or "Stop the
Corruption in Albany Now" have targeted voters with digital attack ad
campaigns that never indicate who is actually behind the group or funds
the advertising. Indeed, there is no real group called "NYS Public
Schools" for instance, although viewers of these ads are led to believe
that the ad was paid for, vetted, and put forward by such a group. This
is troubling and misleading. These ads never verify the authenticity of
the content, let alone identify who is paying for them. As a conse-
quence, voters are subject to countless amounts of information that more
often than not, is simply untrue.

This bill will end anonymous political attack ads and require that all
ads clearly state who paid for them. Once enacted into law, campaigns
and those trying to influence elections will no longer be able to avoid
taking responsibility for the content of their political communications.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

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

2017-S6896 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6896
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              October 2, 2017
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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 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, DIGITAL, print
 and   other  types  of  advertisements,  pamphlets,  circulars,  flyers,
 brochures, letterheads and other printed matter purchased  or  produced,
 and reproductions of statements or information published to five hundred
 or  more members of a general public audience by computer or other elec-
 tronic 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. POLITICAL COMMU-
 NICATIONS  SHALL ALSO INCLUDE ALL OTHER PUBLISHED STATEMENTS CONVEYED TO
 FIVE HUNDRED OR MORE MEMBERS OF A GENERAL  PUBLIC  AUDIENCE  WHICH:  (I)
 IRRESPECTIVE  OF  WHEN  SUCH  STATEMENT  IS MADE, CONTAINS WORDS SUCH AS
 "VOTE", "OPPOSE", "SUPPORT", "ELECT", "DEFEAT", OR "REJECT", WHICH  CALL
 FOR  THE ELECTION OR DEFEAT OF THE CLEARLY IDENTIFIED CANDIDATE; OR (II)
 REFERS TO AND ADVOCATES FOR OR AGAINST A CLEARLY IDENTIFIED CANDIDATE OR
 BALLOT PROPOSAL ON OR AFTER JANUARY FIRST OF THE YEAR OF THE ELECTION IN
 WHICH SUCH CANDIDATE IS SEEKING OFFICE OR SUCH PROPOSAL SHALL APPEAR  ON
 THE BALLOT. 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13535-02-7

 S. 6896                             2
 
   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 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.

 S. 6896                             3
 
   § 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.

co-Sponsors

2017-S6896A (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§14-106, 14-107 & 14-126, El L

2017-S6896A (ACTIVE) - Summary

2017-S6896A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6896A

SPONSOR: KAMINSKY
 
TITLE OF BILL:  An act to amend the election law, in relation to
disclosure of the identities of political committees, persons, organiza-
tions, or agents making certain expenditures for political communi-
cations

 
PURPOSE:

This bill expands on what constitute political communications for
purposes of reporting under the election law and requires said communi-
cations to state who is specifically paying for the content.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends section 14-106 of the election law as it
relates to requiring disclosure of political communications. The current
definition for political communication is expanded to capture communi-
cations that may not reference a candidate but nonetheless include key
terms such as "vote", "oppose", "support", "elect", "defeat" or "reject"

in the ad itself. The section also specifically adds digital communi-
cations to the list of those communications in current law.

Political communications would be required to have a "paid for by"
statement on all related material. The statement would have to be in
plain view on all communications, irrespective of the medium used.

Section two of the bill amends subdivision 2 of section 14-107 (Inde-
pendent Expenditure reporting) 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 law 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 partic-
ipating political committee.

 
JUSTIFICATION:

Unlike federal law and countless other states, there is no requirement
in New York that political communications from certain groups or organ-
izations reveal who pays for them. In today's political environment,
campaign advertising knows no specific medium and ranges from radio to
television to digital ads. The ways in which campaigns communicate with
voters are constantly changing, moving more and more into digital forms,
rather than traditional mail or broadcast.  Complicating this landscape
further, ads are often written or posted in ways that deliberately
mislead voters about a candidate's record or positions. As a result,
anonymous ads saturate voters online and blur what is true and what is
not.

Unfortunately, these types of ads have become the norm for voters who
are increasingly faced with trying to decipher what is real versus
"fake" news. Earlier in September for example, Facebook disclosed to
federal investigators that it sold $100,000 worth of advertising to an
online troll farm connected with the Russian government in an attempt to
influence the 2016 presidential election. Here in New York, Facebook
sponsored ads by groups such as "NYS Public Schools" or "Stop the
Corruption in Albany Now" have targeted voters with digital attack ad
campaigns that never indicate who is actually behind the group or funds
the advertising. Indeed, there is no real group called "NYS Public
Schools" for instance, although viewers of these ads are led to believe
that the ad was paid for, vetted, and put forward by such a group. This
is troubling and misleading. These ads never verify the authenticity of
the content, let alone identify who is paying for them. As a conse-
quence, voters are subject to countless amounts of information that more
often than not, is simply untrue.

This bill will end anonymous political attack ads and require that all
ads clearly state who paid for them. Once enacted into law, campaigns
and those trying to influence elections will no longer be able to avoid
taking responsibility for the content of their political communications.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

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

2017-S6896A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6896--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              October 2, 2017
                                ___________
 
 Introduced  by Sens. KAMINSKY, COMRIE -- 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 disclosure of the iden-
   tities of political  committees,  persons,  organizations,  or  agents
   making certain expenditures for political 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, DIGITAL, print
 and   other  types  of  advertisements,  pamphlets,  circulars,  flyers,
 brochures, letterheads and other printed matter purchased  or  produced,
 and reproductions of statements or information published to five hundred
 or  more members of a general public audience by computer or other elec-
 tronic 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. POLITICAL COMMU-
 NICATIONS  SHALL ALSO INCLUDE ALL OTHER PUBLISHED STATEMENTS CONVEYED TO
 FIVE HUNDRED OR MORE MEMBERS OF A GENERAL  PUBLIC  AUDIENCE  WHICH:  (I)
 IRRESPECTIVE  OF  WHEN  SUCH  STATEMENT  IS MADE, CONTAINS WORDS SUCH AS
 "VOTE", "OPPOSE", "SUPPORT", "ELECT", "DEFEAT", OR "REJECT", WHICH  CALL
 FOR  THE ELECTION OR DEFEAT OF THE CLEARLY IDENTIFIED CANDIDATE; OR (II)
 REFERS TO AND ADVOCATES FOR OR AGAINST A CLEARLY IDENTIFIED CANDIDATE OR
 BALLOT PROPOSAL ON OR AFTER JANUARY FIRST OF THE YEAR OF THE ELECTION IN
 WHICH SUCH CANDIDATE IS SEEKING OFFICE OR SUCH PROPOSAL SHALL APPEAR  ON
 THE BALLOT. Such copies, schedules and scripts shall be preserved by the

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13535-04-7

 S. 6896--A                          2
 
 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  COMMUNICATION EXPENDITURES SHALL BE REQUIRED TO BE
 DISCLOSED, INCLUDING, BUT NOT LIMITED TO, THE IDENTITY OF THE  POLITICAL
 COMMITTEE,  PERSON, ORGANIZATION OR AGENT WHICH MADE THE EXPENDITURE FOR
 SUCH POLITICAL COMMUNICATION. THE DISCLOSURE ON PRINTED OR DIGITAL POLI-
 TICAL 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-PRINTED  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.
   §  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 S6896

Share this bill

Sponsored By

Todd Kaminsky

Archive: Last Bill Status - In Senate Committee Elections Committee

Bill Amendments

co-Sponsors

Leroy Comrie

2017-S6896 - Details

2017-S6896 - Summary

2017-S6896 - Sponsor Memo

2017-S6896 - Bill Text download pdf

co-Sponsors

John E. Brooks

Leroy Comrie

Shelley B. Mayer

2017-S6896A (ACTIVE) - Details

2017-S6896A (ACTIVE) - Summary

2017-S6896A (ACTIVE) - Sponsor Memo

2017-S6896A (ACTIVE) - Bill Text download pdf

Comments