NY State Senate Bill 2023-S4733A

Senate Bill S4733A

2023-2024 Legislative Session

Requires social media influencers to disclose when they share on social media that they are being paid by a campaign

download bill text pdf

Current 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 24, 2024	print number 4733a
Jan 24, 2024	amend (t) and recommit to elections
Jan 03, 2024	referred to elections
Feb 14, 2023	referred to elections

Bill Amendments

Original

A (Active)

2023-S4733 - Details

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

2023-S4733 - Summary

Requires social media influencers to disclose when they share on social media that they are being paid by a campaign; authorizes the state board of elections to promulgate certain regulations.

2023-S4733 - Sponsor Memo

                                 
BILL NUMBER: S4733

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the election law, in relation to requiring campaigns and
social media influencers to disclose when they share on social media
that they are being paid by a campaign

 
PURPOSE OF THE BILL:

To ensure that campaigns that are paying social media influencers to
make posts on behalf of a campaign disclose such information.

 
SUMMARY OF PROVISIONS:

This bill amends section 14-106 of the election law to include posts
made by influencers on behalf of political campaigns to be disclosed and
filed similar to other political communications.

Section 2 is the effective date.

 
JUSTIFICATION:

As political campaigns evolve to better engage the general public, so
should our laws. It is currently unclear in election law if payments
made to social media influencers to make posts on behalf of a campaign
would fall under activities that currently need to be reported as poli-
tical communications. Recently, an article was published about how a
candidate for office in Florida paid several social media influencers to
make posts on behalf of his campaign and supportive of his platform.
This sort of campaign activity falls within a grey area of several
State's laws on campaign disclosures.  The general public should know if
a post that they are interacting with on social media is genuine, or
being made by an influencer for payment from a campaign. If a social
media influencer is making such a post, the campaign would file a
disclosure indicating such, while the influencer would be required to
include information indicating who paid for the advertisement.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None known.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after is shall have
become law.

2023-S4733 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4733
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2023
                                ___________
 
 Introduced  by  Sen. KRUEGER -- 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 requiring campaigns and
   social media influencers to disclose when they share on  social  media
   that they are being paid by a campaign

   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  chapter
 454 of the laws of 2019, 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, INCLUDING SOCIAL MEDIA POSTS MADE BY THE CAMPAIGN  OR  INDIVID-
 UALS  BEING  PAID  BY  THE CAMPAIGN, print and other types of advertise-
 ments, 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  state-
 ment  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
 internet advertising, INCLUDING SOCIAL MEDIA POSTS MADE BY THE  CAMPAIGN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09268-01-3

 S. 4733                             2
 
 OR  INDIVIDUALS BEING PAID BY THE CAMPAIGN, 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.
   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.
 SOCIAL MEDIA POSTS MADE ON BEHALF OF A PARTICULAR  CANDIDATE,  ELECTION,
 BALLOT  MEASURE OR OTHER ISSUE SHALL NOT BE EXEMPTED FROM THE PROVISIONS
 OF THIS SECTION.
   § 2.  This act shall take effect on the ninetieth day after  it  shall
 have become a law.

2023-S4733A (ACTIVE) - Details

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

2023-S4733A (ACTIVE) - Summary

Requires social media influencers to disclose when they share on social media that they are being paid by a campaign; authorizes the state board of elections to promulgate certain regulations.

2023-S4733A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4733A

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the election law, in relation to requiring social media
influencers to disclose when they share on social media that they are
being paid by a campaign; and authorizes the state board of elections to
promulgate certain regulations

 
PURPOSE OF THE BILL:

To ensure that campaigns that are paying social media influencers to
make posts on behalf of a campaign disclose such information.

 
SUMMARY OF PROVISIONS:

This bill amends section 14-106 of the election law to include posts
made by influencers on behalf of political campaigns to be disclosed and
filed similar to other political communications.

Section 2 is the effective date.

 
JUSTIFICATION:

As political campaigns evolve to better engage the general public, so
should our laws. It is currently unclear in election law if payments
made to social media influencers to make posts on behalf of a campaign
would fall under activities that currently need to be reported as poli-
tical communications. Recently, an article was published about how a
candidate for office in Florida paid several social media influencers to
make posts on behalf of his campaign and supportive of his platform.
This sort of campaign activity falls within a grey area of several
State's laws on campaign disclosures.  The general public should know if
a post that they are interacting with on social media is genuine, or
being made by an influencer for payment from a campaign. If a social
media influencer is making such a post, the campaign would file a
disclosure indicating such, while the influencer would be required to
include information indicating who paid for the advertisement.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None known.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after is shall have
become law.

2023-S4733A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4733--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2023
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections  --  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 social  media
   influencers  to disclose when they share on social media that they are
   being paid by a campaign; and authorizes the state board of  elections
   to promulgate certain regulations
 
   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  chapter
 454 of the laws of 2019, 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, INCLUDING SOCIAL MEDIA POSTS MADE BY INDIVIDUALS BEING PAID  BY
 THE CAMPAIGN, print and other types of advertisements, pamphlets, circu-
 lars,  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09268-04-4

 S. 4733--A                          2
 
 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,  INCLUDING SOCIAL MEDIA POSTS MADE BY INDIVIDUALS
 BEING PAID BY THE CAMPAIGN, 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 prominent-
 ly  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.
 SOCIAL MEDIA POSTS MADE ON BEHALF OF A PARTICULAR  CANDIDATE,  ELECTION,
 BALLOT  MEASURE OR OTHER ISSUE SHALL NOT BE EXEMPTED FROM THE PROVISIONS
 OF THIS SECTION.
   5. THE STATE BOARD OF ELECTIONS IS AUTHORIZED TO PROMULGATE ADDITIONAL
 REGULATIONS PERTAINING TO THE METHOD OF FILING STATEMENTS REQUIRED TO BE
 PROVIDED PURSUANT TO THIS SECTION. SUCH REGULATIONS SHALL BE PROMULGATED
 WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION.
   § 2.  This act shall take effect on the ninetieth day after  it  shall
 have become a law.

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