NY State Senate Bill 2009-S8081

Senate Bill S8081

2009-2010 Legislative Session

Requires greater disclosure and transparency of campaign finance information; provides for independent expenditure reporting

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Archive: Last Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 16, 2010	committee discharged and committed to rules
Jun 04, 2010	referred to elections

co-Sponsors

2009-S8081 (ACTIVE) - Details

See Assembly Version of this Bill:: A11350
Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Amd §§14-100, 14-106 & 14-126, add §§14-107 & 16-120, El L
Versions Introduced in 2011-2012 Legislative Session:: S1694

2009-S8081 (ACTIVE) - Summary

Requires greater disclosure and transparency of campaign finance information; provides for independent expenditure reporting; prohibits a person, campaign committee or political party from falsely identifying the source of a political communication.

2009-S8081 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8081

TITLE OF BILL:
An act to amend the election law, in relation to political
communication, independent expenditure reporting, enforcement
proceeding and penalties for violations

SUBJECT AND PURPOSE:
To prohibit candidates, political parties and committees from falsely
identifying the source of political communications and to require the
identification of the source of independent expenditures for political
communications in support of or in opposition to candidates and ballot
proposals to promote transparency and accountability.

SUMMARY AND DESCRIPTION OF PROVISIONS:
Section 1 of the bill amends election law § 14-100 to add 3 new
definitions for "clearly identified candidate," "general public
audience" and "labor, organization."

Section 2 of the bill amends election law § 14-106 to expand the types
of political communications that must be reported to and filed with
the board of elections by candidates, political parties and political
committees and to prohibit the false identification of the source of
such political communications.

Section 3 of the bill adds a new section 14-107 to the election law

to:

A) define independent expenditures;

B) require that political communications paid for by an independent
expenditure expressly advocating for the election or defeat of a
clearly identified candidate or the success or defeat of a ballot
proposal and costing more than $1000 must identify the source of the
communication and, with respect to communications regarding a
candidate, must state that the communication is not authorized by the
candidate or the candidate's political committee or its agents;

C) require that independent expenditures expressly advocating for the
election or defeat of a clearly identified candidate or the success or
defeat of a ballot proposal and costing more than $1000 must be
reported to the state board of elections, along with various related
information and copies of the communication, pursuant to the same
schedule for reporting candidate, political parties and political
committee expenditures;

D) require that any independent expenditure made close to an election
be reported within 24 hours;

Section 4 of the bill provides for a penalty for falsely identifying
the source of political communications from a candidate, party or
political committee and, for independent expenditures, for failing to
identify the source of an independent expenditure. Such penalty would
be a civil fine equal to $1000 or the cost of the communication,
whichever is greater.


A failure to file the statements required for an independent
expenditure would subject the person or entity to a civil fine of $500
as provided in current law.

Section 5 of the bill creates a Supreme Court enforcement proceeding.
regarding the new requirements.

Section 6 of the bill is the effective date.

LEGISLATIVE HISTORY:
This is a new bill.

JUSTIFICATION:
The United States Supreme Court recently held that limits on
corporations' independent expenditures in a political campaign are
unconstitutional (SEE CITIZENS UNITED V. FEDERAL ELECTIONS COMMISSION,
130 S.Ct. 876).  However, the Court upheld disclosure and reporting
requirements for these expenditures. This bill would, for the first
time, enact identification and filing requirements for independent
expenditures for political communications to provide voters crucial
information during a political campaign. The prohibition on falsely
identifying the source of political communications from candidates,
parties and political committees will also benefit voters by
preventing misleading communications during a political campaign.

FISCAL IMPLICATIONS:
The State Board of Elections would incur additional costs related to
the processing of additional filings from those making independent
expenditures for political communications, for the enforcement of new
requirements and for the recovery of penalties for violations.

EFFECTIVE DATE:
This act shall take effect immediately.

2009-S8081 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8081

                            I N  S E N A T E

                              June 4, 2010
                               ___________

Introduced  by  Sen. SAMPSON -- 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  political  communi-
  cation,  independent expenditure reporting, enforcement proceeding and
  penalties for violations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  14-100  of the election law is amended by adding
three new subdivisions 12, 13 and 14 to read as follows:
  12. "CLEARLY IDENTIFIED CANDIDATE" MEANS THAT:
  (A) THE NAME OF THE CANDIDATE INVOLVED APPEARS;
  (B) A PHOTOGRAPH OR DRAWING OF THE CANDIDATE APPEARS; OR
  (C) THE IDENTITY OF THE CANDIDATE IS APPARENT  BY  UNAMBIGUOUS  REFER-
ENCE.
  13. "GENERAL PUBLIC AUDIENCE" MEANS AN AUDIENCE COMPOSED OF MEMBERS OF
THE  PUBLIC,  INCLUDING  A  TARGETED  SUBGROUP OF MEMBERS OF THE PUBLIC;
PROVIDED, HOWEVER, IT DOES NOT MEAN  AN  AUDIENCE  SOLELY  COMPRISED  OF
MEMBERS,  RETIREES  AND STAFF OF A LABOR ORGANIZATION OR THEIR IMMEDIATE
FAMILY MEMBERS OR AN AUDIENCE SOLELY COMPRISED OF EMPLOYEES OF A  CORPO-
RATION,  UNINCORPORATED  BUSINESS ENTITY OR MEMBERS OF A BUSINESS, TRADE
OR PROFESSIONAL ASSOCIATION OR ORGANIZATION.
  14. "LABOR ORGANIZATION" MEANS ANY  ORGANIZATION  OF  ANY  KIND  WHICH
EXISTS  FOR  THE PURPOSE, IN WHOLE OR IN PART, OF REPRESENTING EMPLOYEES
EMPLOYED WITHIN THE STATE OF NEW  YORK  IN  DEALING  WITH  EMPLOYERS  OR
EMPLOYER  ORGANIZATIONS  OR WITH A STATE GOVERNMENT, OR ANY POLITICAL OR
CIVIL SUBDIVISION OR OTHER AGENCY THEREOF, CONCERNING TERMS  AND  CONDI-
TIONS  OF EMPLOYMENT, GRIEVANCES, LABOR DISPUTES, OR OTHER MATTERS INCI-
DENTAL TO THE EMPLOYMENT RELATIONSHIP.  FOR THE PURPOSES OF  THIS  ARTI-
CLE, EACH LOCAL, PARENT NATIONAL OR PARENT INTERNATIONAL ORGANIZATION OF
A  STATEWIDE LABOR ORGANIZATION, AND EACH STATEWIDE FEDERATION RECEIVING
DUES FROM SUBSIDIARY LABOR ORGANIZATIONS, SHALL BE CONSIDERED A SEPARATE
LABOR ORGANIZATION.
  S 2. Section 14-106 of the election law, as amended by  chapter  8  of
the laws of 1978, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD17398-03-0

S. 8081                             2

  S 14-106. Political [advertisements and literature] COMMUNICATION.  1.
The statements required to be filed under the provisions of this article
next succeeding a primary, general or special election shall be accompa-
nied by a [facsimile or] copy of all BROADCAST, CABLE OR SATELLITE SCHE-
DULES   AND   SCRIPTS,  advertisements,  pamphlets,  circulars,  flyers,
brochures, letterheads and other printed matter  purchased  or  produced
[and a schedule of all radio or television time, and scripts used there-
in],  AND  REPRODUCTIONS  OF  STATEMENTS OR INFORMATION CONVEYED TO FIVE
HUNDRED OR MORE MEMBERS OF A GENERAL  PUBLIC  AUDIENCE  BY  COMPUTER  OR
OTHER  ELECTRONIC  DEVICE, purchased in connection with such election by
or under the authority of the person filing the statement or the commit-
tee or the person on whose behalf it is filed, as the case may be.  Such
[facsimiles,]  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. NO PERSON, POLITICAL PARTY OR COMMITTEE SHALL, DURING THE COURSE OF
ANY CAMPAIGN FOR NOMINATION OR ELECTION TO PUBLIC OFFICE OR PARTY  POSI-
TION,  PREPARE  OR  DISTRIBUTE  ANY POLITICAL COMMUNICATION THAT FALSELY
IDENTIFIES THE SOURCE OF SUCH COMMUNICATION.
  S 3. The election law is amended by adding a  new  section  14-107  to
read as follows:
  S  14-107.  INDEPENDENT EXPENDITURE REPORTING. 1. FOR PURPOSES OF THIS
ARTICLE:
  (A) "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE  BY  A  PERSON
FOR  AN  AUDIO  OR  VIDEO COMMUNICATION TO A GENERAL PUBLIC AUDIENCE VIA
BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION  TO  A  GENERAL
PUBLIC   AUDIENCE  VIA  ADVERTISEMENTS,  PAMPHLETS,  CIRCULARS,  FLYERS,
BROCHURES, LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR  INFOR-
MATION  CONVEYED  TO  FIVE  HUNDRED  OR MORE MEMBERS OF A GENERAL PUBLIC
AUDIENCE BY COMPUTER OR OTHER ELECTRONIC DEVICES  WHICH:  (I)  EXPRESSLY
ADVOCATES  THE  ELECTION  OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE OR
THE SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE,  THE
CANDIDATE'S  POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL COMMITTEE
FORMED TO PROMOTE THE SUCCESS OR DEFEAT OF  A  BALLOT  PROPOSAL  OR  ITS
AGENTS,  DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN ANY
SUCH COMMUNICATION.
  (B) INDEPENDENT EXPENDITURES DO NOT INCLUDE:
  (I) A WRITTEN NEWS STORY, COMMENTARY, OR EDITORIAL OR  A  NEWS  STORY,
COMMENTARY,  OR  EDITORIAL  DISTRIBUTED  THROUGH  THE  FACILITIES OF ANY
BROADCASTING STATION, CABLE OR  SATELLITE  UNLESS  SUCH  PUBLICATION  OR
FACILITIES  ARE  OWNED  OR  CONTROLLED BY ANY POLITICAL PARTY, POLITICAL
COMMITTEE OR CANDIDATE; OR
  (II) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR
  (III) A COMMUNICATION WHICH CONSTITUTES  AN  EXPENDITURE  MADE  BY  AN
ENTITY  REQUIRED  TO  REPORT  SUCH EXPENDITURE WITH A BOARD OF ELECTIONS
PURSUANT TO SECTIONS 14-102 AND 14-104 OF THIS ARTICLE.
  (C) FOR PURPOSES OF THIS SECTION, THE TERM "PERSON" SHALL MEAN PERSON,
GROUP OF PERSONS, CORPORATION,  UNINCORPORATED  BUSINESS  ENTITY,  LABOR
ORGANIZATION OR BUSINESS, TRADE OR PROFESSIONAL ASSOCIATION OR ORGANIZA-
TION.
  2.  WHENEVER  ANY  PERSON  MAKES AN INDEPENDENT EXPENDITURE THAT COSTS
MORE THAN ONE THOUSAND DOLLARS  IN  THE  AGGREGATE,  SUCH  COMMUNICATION
SHALL  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  IS NOT

S. 8081                             3

AUTHORIZED BY ANY CANDIDATE, ANY CANDIDATE'S POLITICAL COMMITTEE OR  ANY
OF ITS AGENTS.
  3.  (A) ANY PERSON WHICH MAKES INDEPENDENT EXPENDITURES THAT COST MORE
THAN ONE THOUSAND DOLLARS IN THE AGGREGATE SHALL REPORT SUCH INDEPENDENT
EXPENDITURES TO THE STATE BOARD OF ELECTIONS ON STATEMENTS  AS  PROVIDED
FOR IN SECTION 14-108 OF THIS ARTICLE.
  (B)  ANY INDEPENDENT EXPENDITURE MADE AFTER THE CLOSE OF THE PERIOD TO
BE COVERED IN THE LAST STATEMENT FILED BEFORE ANY  PRIMARY,  GENERAL  OR
SPECIAL  ELECTION,  BUT  BEFORE  SUCH ELECTION, SHALL BE REPORTED WITHIN
TWENTY-FOUR HOURS IN THE SAME MANNER AS PROVIDED FOR IN SUBDIVISION  TWO
OF SECTION 14-108 OF THIS ARTICLE.
  4. EACH SUCH STATEMENT SHALL INCLUDE:
  (A) THE NAME AND ADDRESS OF THE PERSON MAKING THE STATEMENT;
  (B) THE NAME AND ADDRESS OF THE PERSON MAKING THE INDEPENDENT EXPENDI-
TURE;
  (C)  THE  NAME  AND  ADDRESS OF ANY PERSON OR ENTITY PROVIDING A GIFT,
LOAN, ADVANCE OR DEPOSIT OF ONE HUNDRED DOLLARS OR MORE  FOR  THE  INDE-
PENDENT  EXPENDITURE, OR THE PROVISION OF SERVICES FOR THE SAME, AND THE
DATE IT WAS GIVEN; PROVIDED, HOWEVER, THE NAME AND ADDRESS OF  A  MEMBER
OF  A  LABOR  ORGANIZATION  IS NOT REQUIRED FOR A GIFT, LOAN, ADVANCE OR
DEPOSIT OF ONE HUNDRED DOLLARS OR MORE  TO  A  LABOR  ORGANIZATION;  AND
PROVIDED  FURTHER  THAT  THE NAME AND ADDRESS OF AN EMPLOYEE OF A CORPO-
RATION, UNINCORPORATED BUSINESS ENTITY OR A MEMBER OF A BUSINESS,  TRADE
OR  PROFESSIONAL ASSOCIATION OR ORGANIZATION IS NOT REQUIRED FOR A GIFT,
LOAN, ADVANCE OR DEPOSIT OF ONE HUNDRED DOLLARS OR MORE TO  SUCH  CORPO-
RATION,  UNINCORPORATED  BUSINESS  ENTITY  OR BUSINESS, TRADE OR PROFES-
SIONAL ASSOCIATION OR ORGANIZATION RESPECTIVELY;
  (D) THE DOLLAR AMOUNT PAID FOR EACH INDEPENDENT EXPENDITURE, THE  NAME
AND  ADDRESS OF THE PERSON OR ENTITY RECEIVING THE PAYMENT, THE DATE THE
PAYMENT WAS MADE AND A DESCRIPTION OF THE INDEPENDENT EXPENDITURE; AND
  (E) THE ELECTION TO WHICH THE INDEPENDENT EXPENDITURE PERTAINS AND THE
NAME OF THE CLEARLY IDENTIFIED CANDIDATE OR THE BALLOT  PROPOSAL  REFER-
ENCED.
  5.  A  COPY  OF ALL MATERIALS THAT PERTAIN TO THE INDEPENDENT EXPENDI-
TURE, INCLUDING BUT NOT LIMITED TO BROADCAST, CABLE OR SATELLITE  SCHED-
ULE   AND   SCRIPTS,   ADVERTISEMENTS,   PAMPHLETS,  CIRCULARS,  FLYERS,
BROCHURES, LETTERHEADS AND OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
MATION CONVEYED TO FIVE HUNDRED OR MORE  MEMBERS  OF  A  GENERAL  PUBLIC
AUDIENCE BY COMPUTER OR OTHER ELECTRONIC DEVICES SHALL BE FILED WITH THE
STATE  BOARD OF ELECTIONS WITH THE STATEMENTS REQUIRED BY SECTION 14-108
OF THIS ARTICLE.
  6. WRITTEN EVIDENCE OF THE INDEBTEDNESS RELATED TO A LOAN THAT IS MADE
FOR AN INDEPENDENT EXPENDITURE SHALL BE PROVIDED TO THE STATE  BOARD  OF
ELECTIONS.
  7. EVERY STATEMENT REQUIRED TO BE FILED PURSUANT TO THIS SECTION SHALL
BE FILED ELECTRONICALLY TO THE STATE BOARD OF ELECTIONS.
  8.  THE  STATE  BOARD  OF  ELECTIONS SHALL PROMULGATE REGULATIONS WITH
RESPECT TO THE STATEMENTS REQUIRED TO BE FILED BY THIS SECTION AND SHALL
PROVIDE FORMS SUITABLE FOR SUCH STATEMENTS.
  S 4. Section 14-126 of the election law, as amended by  chapter  8  of
the laws of 1978, subdivision 1 as amended by chapter 128 of the laws of
1994  and  subdivisions  2,  3 and 4 as redesignated by chapter 9 of the
laws of 1978, is amended to read as follows:
  S 14-126. Violations; penalties. 1. Any person who  fails  to  file  a
statement  required  to  be  filed by this article shall be subject to a
civil penalty, not in excess of five hundred dollars, to be  recoverable

S. 8081                             4

in a special proceeding or civil action to be brought by the state board
of elections or other board of elections.
  2. ANY PERSON, POLITICAL PARTY OR COMMITTEE WHO FALSELY IDENTIFIES ANY
POLITICAL  COMMUNICATION  AS  PROHIBITED  BY  SUBDIVISION TWO OF SECTION
14-106 OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY EQUAL TO  ONE
THOUSAND DOLLARS OR THE COST OF THE COMMUNICATION, WHICHEVER IS GREATER,
IN  A  SPECIAL  PROCEEDING OR CIVIL ACTION BROUGHT BY THE STATE BOARD OF
ELECTIONS PURSUANT TO SECTION 16-120 OF THIS CHAPTER.
  3. ANY PERSON WHO FALSELY IDENTIFIES OR FAILS TO  IDENTIFY  ANY  INDE-
PENDENT  EXPENDITURE AS REQUIRED BY SUBDIVISION TWO OF SECTION 14-107 OF
THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY EQUAL TO  ONE  THOUSAND
DOLLARS  OR  THE  COST  OF THE COMMUNICATION, WHICHEVER IS GREATER, IN A
SPECIAL PROCEEDING OR  CIVIL  ACTION  BROUGHT  BY  THE  STATE  BOARD  OF
ELECTIONS  PURSUANT  TO SECTION 16-120 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.
  4.  Any  person  who knowingly and willfully fails to file a statement
required to be filed by this article within  ten  days  after  the  date
provided for filing such statement or any person who knowingly and will-
fully  violates any other provision of this article shall be guilty of a
misdemeanor.
  [3.] 5. Any person who knowingly and willfully contributes, accepts or
aids or participates in the acceptance of a contribution  in  an  amount
exceeding an applicable maximum specified in this article shall be guil-
ty of a misdemeanor.
  [4.] 6. Any person who shall, acting on behalf of a candidate or poli-
tical committee, knowingly and willfully solicit, organize or coordinate
the formation of activities of one or more unauthorized committees, make
expenditures  in connection with the nomination for election or election
of any candidate, or solicit any person to make any  such  expenditures,
for the purpose of evading the contribution limitations of this article,
shall be guilty of a class E felony.
  S  5.  The  election  law is amended by adding a new section 16-120 to
read as follows:
  S 16-120. PROCEEDINGS AS TO POLITICAL COMMUNICATIONS  AND  INDEPENDENT
EXPENDITURES.  THE  SUPREME  COURT OR A JUSTICE THEREOF, IN A PROCEEDING
INSTITUTED BY THE STATE BOARD OF ELECTIONS, MAY IMPOSE A CIVIL  PENALTY,
AS  PROVIDED  IN  SUBDIVISIONS  TWO  AND THREE OF SECTION 14-126 OF THIS
CHAPTER, UPON PROOF THAT A VIOLATION OF ONE OR MORE OF SUCH SUBDIVISIONS
HAS OCCURRED.
  S 6. This act shall take effect immediately.

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Senate Bill S8081

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Sponsored By

John L. Sampson