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.