Senate Bill S8445

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8445
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               June 23, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  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 requiring disclosure of
   major contributors on independent expenditure communications
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 14-107 of the election law is amended by adding a
 new subdivision 9 to read as follows:
   9. (A) ANY INDIVIDUAL, ENTITY, OR POLITICAL COMMITTEE  THAT  MAKES  AN
 INDEPENDENT  EXPENDITURE  FOR  A  COVERED COMMUNICATION SHALL INCLUDE ON
 SUCH COMMUNICATION THE FOLLOWING DISCLAIMER, PROMINENTLY  DISPLAYED  AND
 CLEARLY READABLE OR AUDIBLE, AS APPLICABLE:
   "PAID  FOR  BY  (NAME OF PERSON OR ORGANIZATION). THIS EXPENDITURE WAS
 NOT MADE IN COOPERATION WITH ANY CANDIDATE OR CANDIDATE'S COMMITTEE."
   (B) (I) IF THE INDEPENDENT SPENDER  HAS  RECEIVED  AGGREGATE  CONTRIB-
 UTIONS  EXCEEDING  ONE THOUSAND DOLLARS FROM ANY PERSON OR ENTITY DURING
 THE TWELVE MONTHS PRECEDING THE COMMUNICATION, THE DISCLAIMER SHALL ALSO
 INCLUDE:
   "TOP CONTRIBUTORS: (NAME ONE) (NAME TWO) (NAME THREE)."
   (II) THE NAMES LISTED UNDER SUBPARAGRAPH (I) OF THIS  PARAGRAPH  SHALL
 BE  THOSE  CONTRIBUTORS  WHO  CONTRIBUTED  THE LARGEST AGGREGATE AMOUNTS
 EXCEEDING ONE THOUSAND DOLLARS, IN DESCENDING ORDER.
   (C) IF THE INDEPENDENT SPENDER HAS A TREASURER, THE  DISCLAIMER  SHALL
 ALSO INCLUDE:
   "THE  TREASURER OF (NAME OF PERSON OR ORGANIZATION) IS (NAME OF TREAS-
 URER)."
   (D) THE DISCLOSURE SHALL APPEAR IN A TYPE  SIZE  AND  FORMAT  THAT  IS
 EASILY  READABLE  OR, FOR AUDIO OR VIDEO COMMUNICATIONS, CLEARLY AUDIBLE
 AND/OR VISIBLE FOR AT LEAST FOUR  SECONDS.  THE  DISCLOSURE  SHALL  ALSO
 INCLUDE  THE  WEB ADDRESS OF THE STATE BOARD OF ELECTIONS CANDIDATES AND
 CAMPAIGN DISCLOSURES REPORTING SYSTEM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13406-01-5
              

 S. 8445                             2
 
   (E) NOTHING IN THIS SECTION SHALL  BE  APPLICABLE  TO  CANDIDATES  FOR
 PUBLIC  OFFICES  UNDER  THE  JURISDICTION  OF THE NEW YORK CITY CAMPAIGN
 FINANCE BOARD.
   (F)  FOR  THE PURPOSES OF THIS SUBDIVISION, THE TERM "COVERED COMMUNI-
 CATION" SHALL MEAN ANY PUBLIC COMMUNICATION MADE VIA DIRECT MAIL, PRINT,
 INTERNET, RADIO, TELEVISION, TELEPHONE, OR OTHER MASS DISTRIBUTION METH-
 OD THAT EXPRESSLY ADVOCATES FOR THE ELECTION  OR  DEFEAT  OF  A  CLEARLY
 IDENTIFIED  CANDIDATE OR BALLOT PROPOSAL, OR REFERS TO SUCH CANDIDATE OR
 PROPOSAL WITHIN SIXTY DAYS OF AN ELECTION.
   § 2. The election law is amended by adding a new section  14-107-c  to
 read as follows:
   §  14-107-C.  DONOR ATTRIBUTION RULES FOR INDEPENDENT EXPENDITURES. 1.
 FOR  PURPOSES  OF  DETERMINING  THE  TOP  CONTRIBUTORS  REQUIRED  TO  BE
 DISCLOSED  UNDER  SUBDIVISION NINE OF SECTION 14-107 OF THIS TITLE, ONLY
 THOSE CONTRIBUTIONS THAT ARE EARMARKED,  SOLICITED  FOR,  OR  REASONABLY
 EXPECTED TO SUPPORT INDEPENDENT EXPENDITURES SHALL BE CONSIDERED.
   2.  NO  LATER THAN ONE HUNDRED EIGHTY DAYS AFTER THE EFFECTIVE DATE OF
 THIS SECTION, STATE BOARD OF ELECTIONS SHALL  PROMULGATE  ANY  RULES  OR
 REGULATIONS  NECESSARY  TO  IMPLEMENT THE PROVISIONS OF THIS SECTION AND
 SUBDIVISION NINE OF SECTION 14-107 OF THIS TITLE, INCLUDING STANDARDIZED
 DISCLAIMER FORMATS, FONT SIZES, AND METHODS FOR IDENTIFYING TOP CONTRIB-
 UTORS.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion or section of this act shall be adjudged by any court of  competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause,  sentence,  paragraph,  subdivision  or  section  thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered. It is hereby declared to be the intent of the legislature
 that this act would have been enacted even if  such  invalid  provisions
 had not been included herein.
   §  4. This act shall take effect on the first of January next succeed-
 ing the date upon which it shall have become a law. Effective immediate-
 ly, 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.