S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4668
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI, LUPARDO, JAFFEE, THIELE, SIMOTAS,
   BENEDETTO, PAULIN, QUART, DINOWITZ, STIRPE, L. ROSENTHAL, STECK, FAHY,
   CAHILL, GALEF, GOTTFRIED, M. G. MILLER, SOLAGES,  CYMBROWITZ,  WEPRIN,
   LIFTON,  ABINANTI,  SANTABARBARA,  PEOPLES-STOKES, RAIA -- Multi-Spon-
   sored by -- M. of A.  CROUCH, GLICK, MOSLEY, RAMOS --  read  once  and
   referred to the Committee on Election Law
 
 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  part  JJJ  of  chapter 59 of the laws of 2018, 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,  paid  internet  or
 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 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.
                                                            LBD02043-01-9

 A. 4668                             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 5 of part JJJ of chapter 59 of the laws of 2018,  is  amended
 to read as follows:
   2. Whenever any person makes an independent expenditure, such communi-
 cation  shall,  IN A MANNER CONSISTENT WITH SECTION 14-106 OF THIS ARTI-
 CLE, clearly state the name of the person who  paid  for,  or  otherwise
 published  or  distributed  the communication and state, with respect to
 communications regarding candidates,  that  the  communication  was  not
 expressly  authorized  or  requested  by any candidate, or by any candi-
 date's political committee or any of its agents.
   § 3. Subdivision 3 of section 14-126 of the election law, as added  by
 section  12 of part JJJ of chapter 59 of the laws of 2018, 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 pursuant to paragraph (a)
 of subdivision five of section 3-104 of this chapter.  For  purposes  of
 this  subdivision,  the  term  "person"  shall  mean  a person, group of
 persons, corporation, unincorporated business entity, labor organization
 or business, trade or professional association or organization or  poli-
 tical 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.