S T A T E O F N E W Y O R K
________________________________________________________________________
10663
I N S E N A T E
July 15, 2026
___________
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the election law and the New York city charter, in
relation to independent expenditures
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 1 of section 14-107 of
election law, as amended by chapter 595 of the laws of 2025, is amended
to read as follows:
(a) "Independent expenditure" means an expenditure made by an inde-
pendent expenditure committee in the form of (i) an audio or video
communication via broadcast, cable or satellite, (ii) a written communi-
cation via advertisements, pamphlets, circulars, flyers, brochures,
letterheads or (iii) other published statements, where such expenditure
is conveyed to five hundred or more members of a general public audi-
ence, or in the form of any paid internet or digital advertisement
targeted to fifty or more members of a general public audience, or in
the form of a public-facing website, which: (i) irrespective of when
such communication 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, (ii) refers to and advo-
cates 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,
or (iii) within sixty days before a general or special election for the
office sought by the candidate or thirty days before a primary
election[,]:
(A) includes or references a clearly identified candidate;
(B) USES SUCH CANDIDATE'S NAME, VOICE, LIKENESS, OR ANOTHER DESCRIPTOR
THAT WOULD BE UNDERSTOOD BY A REASONABLE VIEWER TO REFER TO SUCH CANDI-
DATE; OR
(C) REGARDLESS OF WHETHER THE COMMUNICATION IDENTIFIES OR REFERENCES A
CLEARLY IDENTIFIED CANDIDATE, USES LANGUAGE OR IMAGERY SUBSTANTIALLY
ASSOCIATED WITH A CANDIDATE'S CAMPAIGN, PLATFORM, BACKGROUND, OR PUBLIC-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15921-01-6
S. 10663 2
LY STATED POSITIONS, SUCH THAT A REASONABLE VIEWER WOULD UNDERSTAND THE
COMMUNICATION AS DESIGNED TO INFLUENCE THE OUTCOME OF SUCH GENERAL,
SPECIAL, OR PRIMARY ELECTION. An independent expenditure shall not
include communications where such candidate, the candidate's political
committee or its agents, a party committee or its agents, or a consti-
tuted committee or its agents or a political committee formed to promote
the success or defeat of a ballot proposal or its agents, did authorize,
request, suggest, foster or cooperate in such communication.
§ 2. Subdivision 3 of section 14-126 of the election law, as amended
by chapter 87 of the laws of 2020, is amended to read as follows:
3. (A) Any person who falsely identifies or [knowingly] fails to iden-
tify any independent expenditure as required by subdivision two of
section 14-107 of this article or any political communication as
required in section 14-106 of this article shall be subject to a civil
penalty up to [one thousand dollars] ONE MILLION DOLLARS PER DAY OF THE
VIOLATION 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 subdi-
vision 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 busi-
ness, trade or professional association or organization or political
committee.
(B) ANY PERSON WHO KNOWINGLY AND WILLFULLY FALSELY IDENTIFIES OR
KNOWINGLY AND WILLFULLY FAILS TO IDENTIFY ANY INDEPENDENT EXPENDITURE AS
REQUIRED BY SUBDIVISION TWO OF SECTION 14-107 OF THIS ARTICLE OR ANY
POLITICAL COMMUNICATION AS REQUIRED IN SECTION 14-106 OF THIS ARTICLE
SHALL BE SUBJECT TO A CIVIL PENALTY OF UP TO FIVE MILLION DOLLARS PER
DAY OF THE KNOWING AND WILLFUL VIOLATION, 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 POLITICAL COMMITTEE.
(C) SUCH CHIEF ENFORCEMENT COUNSEL SHALL FURTHER BE EMPOWERED TO
PURSUE INJUNCTIVE RELIEF TO ENJOIN AN UNLAWFUL DISCLOSURE OR COMMUNI-
CATION DESCRIBED IN THIS SUBDIVISION.
(D) WHERE A PERSON KNOWINGLY AND WILLFULLY FALSELY IDENTIFIES OR KNOW-
INGLY AND WILLFULLY FAILS TO IDENTIFY ANY INDEPENDENT EXPENDITURE AS
REQUIRED BY SUBDIVISION TWO OF SECTION 14-107 OF THIS ARTICLE OR ANY
POLITICAL COMMUNICATION AS REQUIRED IN SECTION 14-106 OF THIS ARTICLE
AND AN INDIVIDUAL IS INJURED THEREBY, SUCH INDIVIDUAL MAY BRING AN
ACTION FOR ACTUAL DAMAGES, PUNITIVE DAMAGES, INJUNCTIVE RELIEF, REASON-
ABLE ATTORNEYS FEES AND COSTS, AND OTHER SUCH REMEDIES AS A COURT MAY
DEEM APPROPRIATE.
§ 3. Subparagraph (a) of paragraph 15 of subdivision a of section 1052
of the New York city charter is amended by adding three new clauses
(iv), (v) and (vi) to read as follows:
(IV) "DIRECT DONOR" SHALL MEAN A DONOR THAT IS NOT ITSELF A POLITICAL
COMMITTEE OR POLITICAL ACTION COMMITTEE.
(V) "POLITICAL COMMITTEE" SHALL MEAN AS DEFINED IN SUBDIVISION ONE OF
SECTION 14-100 OF THE ELECTION LAW.
(VI) "POLITICAL ACTION COMMITTEE" SHALL MEAN AS DEFINED IN SUBDIVISION
SIXTEEN OF SECTION 14-100 OF THE ELECTION LAW.
S. 10663 3
§ 4. Clauses (i), (ii), (iii) and (iv) of subparagraph (c) of para-
graph 15 of subdivision a of section 1052 of the New York city charter,
as amended by local law number 41 of the city of New York for the year
2014, are amended to read as follows:
(i) (A) on any written, typed, or printed communication, or on any
internet text or graphical advertisement, in a conspicuous size and
style, the words "Paid for by" followed by the name of the individual or
the name of the entity, the name of its owner, if any, and the name of
its chief executive officer or equivalent, if any, and, following the
words "Top Three Donors," a list of the three largest aggregate donors
to such entity in the twelve months preceding the election, except that
no donor that contributed less than five thousand dollars to the
disclosing entity in the twelve months preceding the election shall be
included in such disclosure, and except that if such entity has only one
or two donors that contributed at least five thousand dollars the words
"Top Three Donors" shall be replaced by the words "Top Donor" or "Top
Donors" as applicable, and except that expenditures funded by an indi-
vidual or where no such donors exist need not include the words "Top
Three Donors" or a list of donors, and except that this clause shall not
apply to communications required to include a disclosure pursuant to
subdivision sixteen of section 3-703 of the administrative code.
PROVIDED, HOWEVER, THAT IN THE EVENT THAT ONE OF THE TOP DONORS REQUIRED
TO BE LISTED UNDER THIS CLAUSE IS A POLITICAL COMMITTEE OR POLITICAL
ACTION COMMITTEE, SUCH COMMUNICATION, TEXT, OR ADVERTISEMENT SHALL THEN
LIST THE THREE LARGEST AGGREGATE DONORS, AS DESCRIBED IN THIS CLAUSE, OF
SUCH COMMITTEE. IN THE EVENT THAT ONE OF THE TOP DONORS TO THE POLITICAL
COMMITTEE OR POLITICAL ACTION COMMITTEE, HAVING CONTRIBUTED AT LEAST
FIVE THOUSAND DOLLARS TO SUCH COMMITTEE IN THE TWELVE MONTHS PRECEDING
THE ELECTION, IS YET ANOTHER POLITICAL COMMITTEE OR POLITICAL ACTION
COMMITTEE, SUCH COMMUNICATION, TEXT, OR ADVERTISEMENT SHALL BE REQUIRED
TO LIST THE TOP THREE DONORS OF SUCH OTHER COMMITTEE, AND SO ON AND SO
FORTH, UNTIL THE DONORS OF ALL SUCH POLITICAL COMMITTEES OR POLITICAL
ACTION COMMITTEES ARE LISTED IN THE MANNER REQUIRED HEREIN FOR DIRECT
DONORS.
(B) If the third largest donor to the disclosing entity has donated
the same amount in the twelve months preceding the election as the
fourth largest donor during such period, such entity may choose which
three donors to include so long as no donor is included that has donated
less in the twelve months preceding the election than any other donor
that is not included. Such written disclosures shall further include,
in a conspicuous size and style, the following words: "More information
at nyc.gov/FollowTheMoney." The board may, at its discretion, designate
a website other than nyc.gov/FollowTheMoney as the website that must be
included in such disclosure. All disclosures required by this clause
shall be enclosed in a box within the borders of the communication or
advertisement that contains only those disclosures required by this
subparagraph, the rules of the board, the election law, or any other
applicable law or rule. For the purposes of this clause, the "owner" of
an entity shall be an individual or entity with a greater than fifty
percent ownership interest in such entity. The disclosures required by
this clause shall not apply to bumper stickers, pins, buttons, pens, and
similar small items upon which such disclosures cannot be reasonably
printed;
(ii) (A) on any paid television advertisement or paid internet video
advertisement, clearly spoken in a pitch and tone substantially similar
to the rest of the advertisement, at the beginning or end of the adver-
S. 10663 4
tisement, the words "paid for by" followed by the name of the individual
or the name of the entity, and, in a conspicuous size and style simul-
taneous with such spoken disclosure, the written words "Paid for by"
followed by the name of the individual or the name of the entity,
followed by the words "The top three donors to the organization respon-
sible for this advertisement are," followed by a list of the three larg-
est aggregate donors to such entity in the twelve months preceding the
election, except that no donor that contributed less than five thousand
dollars to the disclosing entity in the twelve months preceding the
election shall be included in such disclosure, and except that if such
entity has only one or two donors that contributed at least five thou-
sand dollars the words "top three donors" shall be replaced by the words
"top donor" or "top donors" as applicable, and except that expenditures
funded by an individual or where no such donors exist need not include
the words "The top three donors to the organization responsible for this
advertisement are" or a list of donors, and except that this clause
shall not apply to communications required to include a disclosure
pursuant to subdivision sixteen of section 3-703 of the administrative
code. PROVIDED, HOWEVER, THAT IN THE EVENT THAT ONE OF THE TOP DONORS
REQUIRED TO BE LISTED UNDER THIS CLAUSE IS A POLITICAL COMMITTEE OR
POLITICAL ACTION COMMITTEE, SUCH ADVERTISEMENT SHALL THEN DISCLOSE THE
THREE LARGEST AGGREGATE DONORS, AS DESCRIBED IN THIS CLAUSE, OF SUCH
COMMITTEE. IN THE EVENT THAT ONE OF THE TOP DONORS TO THE POLITICAL
COMMITTEE OR POLITICAL ACTION COMMITTEE, HAVING CONTRIBUTED AT LEAST
FIVE THOUSAND DOLLARS TO SUCH COMMITTEE IN THE TWELVE MONTHS PRECEDING
THE ELECTION, IS YET ANOTHER POLITICAL COMMITTEE OR POLITICAL ACTION
COMMITTEE, SUCH ADVERTISEMENT SHALL BE REQUIRED TO DISCLOSE THE TOP
THREE DONORS OF SUCH OTHER COMMITTEE, AND SO ON AND SO FORTH, UNTIL THE
DONORS OF ALL SUCH POLITICAL COMMITTEES OR POLITICAL ACTION COMMITTEES
ARE DISCLOSED IN THE MANNER REQUIRED HEREIN FOR DIRECT DONORS.
(B) If the third largest donor to the disclosing entity has donated
the same amount in the twelve months preceding the election as the
fourth largest donor during such period, such entity may choose which
three donors to include so long as no donor is included that has donated
less in the twelve months preceding the election than any other donor
that is not included. Such written disclosures shall further include, in
a conspicuous size and style, the following words: "More information at
nyc.gov/FollowTheMoney." The board may, at its discretion, designate a
website other than nyc.gov/FollowTheMoney as the website that must be
included in such disclosure. All written disclosures required by this
clause shall be enclosed in a box that contains only those disclosures
required by this subparagraph, the rules of the board, the election law,
or any other applicable law or rule;
(iii) (A) in any paid radio advertisement, paid internet audio adver-
tisement, or automated telephone call, clearly spoken in a pitch and
tone substantially similar to the rest of the advertisement or call, at
the end of the advertisement or call, the words "paid for by" followed
by the name of the individual or the name of the entity, followed by the
words "with funding provided by," followed by a list of the three larg-
est aggregate donors to such entity in the twelve months preceding the
election, except that no donor that contributed less than five thousand
dollars to the disclosing entity in the twelve months preceding the
election shall be included in such disclosure, and except that expendi-
tures funded by an individual or where no such donors exist need not
include the words "with funding provided by" or a list of donors, and
except that this clause shall not apply to communications required to
S. 10663 5
include a disclosure pursuant to subdivision sixteen of section 3-703 of
the administrative code. PROVIDED, HOWEVER, THAT IN THE EVENT THAT ONE
OF THE TOP DONORS REQUIRED TO BE LISTED UNDER THIS CLAUSE IS A POLITICAL
COMMITTEE OR POLITICAL ACTION COMMITTEE, SUCH ADVERTISEMENT OR CALL
SHALL THEN DISCLOSE THE THREE LARGEST AGGREGATE DONORS, AS DESCRIBED IN
THIS CLAUSE, OF SUCH COMMITTEE. IN THE EVENT THAT ONE OF THE TOP DONORS
TO THE POLITICAL COMMITTEE OR POLITICAL ACTION COMMITTEE, HAVING
CONTRIBUTED AT LEAST FIVE THOUSAND DOLLARS TO SUCH COMMITTEE IN THE
TWELVE MONTHS PRECEDING THE ELECTION, IS YET ANOTHER POLITICAL COMMITTEE
OR POLITICAL ACTION COMMITTEE, SUCH ADVERTISEMENT OR CALL SHALL BE
REQUIRED TO DISCLOSE THE TOP THREE DONORS OF SUCH OTHER COMMITTEE, AND
SO ON AND SO FORTH, UNTIL THE DONORS OF ALL SUCH POLITICAL COMMITTEES OR
POLITICAL ACTION COMMITTEES ARE DISCLOSED IN THE MANNER REQUIRED HEREIN
FOR DIRECT DONORS.
(B) If the third largest donor to the disclosing entity has donated
the same amount in the twelve months preceding the election as the
fourth largest donor during such period, such entity may choose which
three donors to include so long as no donor is included that has donated
less in the twelve months preceding the election than any other donor
that is not included. In the case of a radio or internet audio adver-
tisement covered by this clause that is thirty seconds in duration or
shorter, the clearly spoken words "more information at
nyc.gov/FollowTheMoney" may be included in a pitch and tone substantial-
ly similar to the rest of the advertisement, instead of the words "with
funding provided by" followed by a list of the three largest aggregate
donors in the twelve months preceding the election. The board may, at
its discretion, designate a website other than nyc.gov/FollowTheMoney as
the website that must be included in such disclosure; and
(iv) in any non-automated telephone call, clearly spoken during any
such call lasting longer than ten seconds, the words "this call is paid
for by," followed by the name of the individual or the name of the enti-
ty, followed by the words "more information is available at
nyc.gov/FollowTheMoney." The board may, at its discretion, designate a
website other than nyc.gov/FollowTheMoney as the website that must be
included in such disclosure; PROVIDED, HOWEVER, THAT IN THE EVENT THAT
THE ENTITY IS A POLITICAL COMMITTEE OR POLITICAL ACTION COMMITTEE, SUCH
TELEPHONE CALL SHALL THEN DISCLOSE THE TOP DONOR OF SUCH COMMITTEE. IN
THE EVENT THAT THE DONOR TO THE POLITICAL COMMITTEE OR POLITICAL ACTION
COMMITTEE, HAVING CONTRIBUTED AT LEAST FIVE THOUSAND DOLLARS TO SUCH
COMMITTEE IN THE TWELVE MONTHS PRECEDING THE ELECTION, IS YET ANOTHER
POLITICAL COMMITTEE OR POLITICAL ACTION COMMITTEE, SUCH TELEPHONE CALL
SHALL BE REQUIRED TO DISCLOSE THE TOP DONOR OF SUCH OTHER COMMITTEE, AND
SO ON AND SO FORTH, UNTIL THE DONORS OF ALL SUCH POLITICAL COMMITTEES OR
POLITICAL ACTION COMMITTEES ARE DISCLOSED IN THE MANNER REQUIRED HEREIN
FOR DIRECT DONORS.
§ 5. Subparagraph (d) of paragraph 15 of subdivision a of section 1052
of the New York city charter, as added by section 7 of Question 2 of
local law number 60 of the city of New York for the year 2010, is
amended to read as follows:
(d) (I) The board may, upon notice and opportunity to be heard, assess
civil penalties in an amount not in excess of [ten thousand] ONE MILLION
dollars PER DAY for each violation of this paragraph. The intentional or
knowing violation of this paragraph shall be punishable as a misdemeanor
in addition to any other penalty provided under law.
S. 10663 6
(II) THE BOARD MAY FURTHER PURSUE INJUNCTIVE RELIEF TO ENJOIN AN
UNLAWFUL DISCLOSURE OR COMMUNICATION NOT IN COMPLIANCE WITH SUBPARAGRAPH
(C) OF THIS PARAGRAPH.
§ 6. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
