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

                                  7757

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 16, 2011
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Election Law

AN  ACT  to amend the election law, in relation to enacting the New York
  fair campaign code

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

  Section  1.  The  article heading of article 14 of the election law is
amended to read as follows:
              CAMPAIGN PRACTICES, RECEIPTS AND EXPENDITURES
  S 2. Sections 14-100 through 14-130 of article 14 of the election  law
are  designated  title I and such title is amended by adding a new title
heading to read as follows:
                           GENERAL PROVISIONS
  S 3. Article 14 of the election law is amended by adding a  new  title
II to read as follows:
                                TITLE II
                           FAIR CAMPAIGN CODE
SECTION 14-200. FAIR CAMPAIGN CODE.
        14-202. USE OF PUBLIC OPINION POLLS AND ENDORSEMENTS.
        14-204. POWERS AND DUTIES OF THE STATE BOARD OF ELECTIONS.
  S 14-200. FAIR CAMPAIGN CODE. 1. NO PERSON, POLITICAL PARTY OR COMMIT-
TEE  DURING  THE  COURSE  OF  ANY CAMPAIGN FOR NOMINATION OR ELECTION TO
PUBLIC OFFICE OR PARTY POSITION SHALL, DIRECTLY OR  INDIRECTLY,  WHETHER
BY  MEANS  OF  PAYMENT OF MONEY OR ANY OTHER CONSIDERATION, ENGAGE IN OR
COMMIT ANY OF THE FOLLOWING:
  (A) WILLFUL PRACTICES OF POLITICAL ESPIONAGE INCLUDING, BUT NOT LIMIT-
ED TO, THE THEFT OF CAMPAIGN MATERIALS  OR  ASSETS,  PLACING  ONE'S  OWN
EMPLOYEE  OR  AGENT  IN  THE CAMPAIGN ORGANIZATION OF ANOTHER CANDIDATE,
BRIBERY OF MEMBERS OF ANOTHER'S  CAMPAIGN  STAFF,  ELECTRONIC  OR  OTHER
METHODS OF EAVESDROPPING OR WIRETAPPING.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11609-01-1

              

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  (B)  WILLFUL  PREPARATION  OR  DISTRIBUTION OF ANY WRITING KNOWN TO BE
FRAUDULENT, FORGED OR FALSELY IDENTIFIED  OR  THE  WILLFUL  USE  OF  ANY
EMPLOYEES  OR AGENTS WHO FALSELY REPRESENT THEMSELVES AS SUPPORTERS OF A
CANDIDATE, POLITICAL PARTY OR COMMITTEE.
  (C)  WILLFUL MISREPRESENTATION OF ANY CANDIDATE'S PARTY AFFILIATION OR
PARTY ENDORSEMENT OR ENDORSEMENT BY PERSONS OR ORGANIZATIONS  INCLUDING,
BUT  NOT LIMITED TO, THE WILLFUL USE OF DOCTORED PHOTOGRAPHS OR WRITINGS
OR FRAUDULENT OR UNTRUE ENDORSEMENTS.
  (D) WILLFUL MISREPRESENTATION, WITH INTENT TO DECEIVE, OF THE CONTENTS
OR RESULTS OF A POLL RELATING TO ANY CANDIDATE'S ELECTION.
  2. THE STATE BOARD OF ELECTIONS SHALL MONITOR THE ADEQUACY AND  EFFEC-
TIVENESS  OF  THIS SECTION AND RECOMMEND SUCH LEGISLATION OR ADMINISTRA-
TIVE MEASURES AS IT FINDS APPROPRIATE.
  S 14-202. USE OF PUBLIC OPINION POLLS AND ENDORSEMENTS. 1.  NO  CANDI-
DATE, POLITICAL PARTY OR COMMITTEE DURING THE COURSE OF ANY CAMPAIGN FOR
NOMINATION OR ELECTION TO PUBLIC OFFICE OR PARTY POSITION SHALL, DIRECT-
LY  OR  INDIRECTLY, DISCLOSE OR PERMIT TO BE DISCLOSED, THE RESULTS OF A
POLL RELATING TO A CANDIDATE FOR SUCH OFFICE OR POSITION, UNLESS  WITHIN
FORTY-EIGHT  HOURS  AFTER  SUCH  DISCLOSURE, SUCH CANDIDATE PROVIDES THE
FOLLOWING INFORMATION CONCERNING THE POLL TO THE BOARD OR  OFFICER  WITH
WHOM STATEMENTS OR COPIES OF STATEMENTS OF CAMPAIGN RECEIPTS AND EXPEND-
ITURES  ARE  REQUIRED  TO  BE  FILED  BY THE CANDIDATE TO WHOM SUCH POLL
RELATES:
  (A) THE NAME AND ADDRESS OF THE ORGANIZATION THAT CONDUCTED THE POLL.
  (B) THE NUMERICAL SIZE OF THE TOTAL POLL SAMPLE, THE  GEOGRAPHIC  AREA
COVERED  BY  THE  POLL AND ANY SPECIAL CHARACTERISTICS OF THE POPULATION
INCLUDED IN THE POLL SAMPLE.
  (C) THE EXACT WORDING OF THE QUESTIONS  ASKED  IN  THE  POLL  AND  THE
SEQUENCE OF SUCH QUESTIONS.
  (D)  THE  METHOD OF POLLING, WHETHER BY PERSONAL INTERVIEW, TELEPHONE,
MAIL OR OTHER.
  2. IN ANY CASE WHERE A PERSON OR ORGANIZATION ENDORSING THE  CANDIDATE
HAS BEEN PAID FOR SUCH ENDORSEMENT BY THE CANDIDATE OR SOMEONE ACTING ON
HIS  BEHALF, A STATEMENT SIGNED BY THE CANDIDATE AND STATING THE CONSID-
ERATION FOR THE ENDORSEMENT SHALL BE FILED WITHIN FORTY-EIGHT  HOURS  OF
THE ENDORSEMENT IN THE OFFICE IN WHICH THE CANDIDATE IS REQUIRED TO FILE
HIS STATEMENTS UNDER SECTION 14-110 OF THIS ARTICLE.
  S  14-204.  POWERS  AND  DUTIES  OF  THE  STATE BOARD OF ELECTIONS. 1.
UNLESS A SPECIAL PROCEEDING  PURSUANT  TO  SUBDIVISION  ONE  OF  SECTION
16-111 OF THIS CHAPTER HAS BEEN COMMENCED, THE STATE BOARD OF ELECTIONS,
ON  ITS  OWN INITIATIVE, OR UPON COMPLAINT OR OTHERWISE, MAY INVESTIGATE
ANY ALLEGED VIOLATION OF THIS TITLE.
  2. A VIOLATION OF THE PROVISIONS OF THIS TITLE SHALL BE PUNISHABLE  BY
A  CIVIL  PENALTY,  NOT TO EXCEED ONE THOUSAND DOLLARS, TO BE IMPOSED BY
THE BOARD UPON ANY PERSON FOUND BY THE BOARD, UPON CLEAR AND  CONVINCING
EVIDENCE,  AFTER  A  HEARING,  TO HAVE VIOLATED ANY OF THE PROVISIONS OF
SUCH CODE.
  3. ANY SUCH FINDING BY THE BOARD MAY  ONLY  BE  HAD  AFTER  A  HEARING
CONDUCTED  BY IT UPON REASONABLE WRITTEN NOTICE, AS THE BOARD MAY DETER-
MINE, TO SUCH PERSON AND AFFORDING SUCH PERSON A REASONABLE  OPPORTUNITY
TO BE HEARD AND PRESENT AND EXAMINE WITNESSES THEREAT.
  4.  SHALL  THE  BOARD  FAIL  FOR  ANY REASON TO TAKE FINAL ACTION WITH
RESPECT TO SUCH COMPLAINT WITHIN NINETY DAYS OF THE FILING THEREOF,  THE
AGGRIEVED  PARTY  MAY,  WITHOUT  PREJUDICE,  WITHDRAW SUCH COMPLAINT AND
COMMENCE A PROCEEDING IN SUPREME COURT PURSUANT TO  SUBDIVISION  ONE  OF
SECTION 16-111 OF THIS CHAPTER.

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  S  4.  The  election  law is amended by adding a new section 16-111 to
read as follows:
  S  16-111. PROCEEDINGS WITH RESPECT TO THE FAIR CAMPAIGN CODE. 1.  ANY
PERSON CLAIMING TO BE AGGRIEVED BY ANY VIOLATION OF  THE  FAIR  CAMPAIGN
CODE SHALL HAVE A CAUSE OF ACTION THEREFOR IN SUPREME COURT, UNLESS SUCH
PERSON  HAD  FILED  A  COMPLAINT  WITH  THE STATE BOARD OF ELECTIONS. NO
PERSON WHO  HAS  INITIATED  ANY  ACTION  IN  SUPREME  COURT  ALLEGING  A
VIOLATION OF THE FAIR CAMPAIGN CODE MAY FILE A COMPLAINT WITH RESPECT TO
THE  SAME  ALLEGED  VIOLATION  WITH THE STATE BOARD OF ELECTIONS. UPON A
FINDING BY THE COURT, UPON CLEAR AND CONVINCING EVIDENCE, THAT A PERSON,
POLITICAL PARTY OR COMMITTEE HAS VIOLATED  ANY  PROVISION  OF  THE  FAIR
CAMPAIGN  CODE,  SUCH  VIOLATION SHALL BE PUNISHABLE BY A CIVIL PENALTY,
NOT TO EXCEED ONE THOUSAND DOLLARS, TO BE IMPOSED BY THE COURT.
  2. ANY ACTION OR DECISION OF THE STATE BOARD OF ELECTIONS PURSUANT  TO
THE  PROVISIONS OF THIS ARTICLE MAY BE REVIEWED IN A PROCEEDING PURSUANT
TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES  INSTITUTED
IN  THE  SUPREME  COURT BY ANY AGGRIEVED CANDIDATE OR BY ANY PERSON UPON
WHOM A PENALTY WAS IMPOSED BY SUCH STATE BOARD OF ELECTIONS  OR  BY  ANY
PERSON  WHO  FILED  A  COMPLAINT  UPON WHICH SUCH DECISION OR ACTION WAS
TAKEN.
  3. A CAUSE OF ACTION BROUGHT IN  SUPREME  COURT  SHALL  BE  A  SPECIAL
PROCEEDING  HEARD  UPON VERIFIED PETITION AND SUCH ORAL OR WRITTEN PROOF
AS MAY BE OFFERED OR ORDERED BY THE COURT, AND UPON SUCH NOTICE TO  SUCH
OFFICERS, PERSONS, OR COMMITTEES AS THE COURT SHALL DIRECT, AND SHALL BE
SUMMARILY  DETERMINED.  THE  PROCEEDINGS  SHALL HAVE PREFERENCE OVER ALL
OTHER CAUSES IN ALL COURTS. IN ADDITION, UPON REQUEST OF  A  PARTY,  THE
COURT MAY ORDER EXPEDITED DISCOVERY. IN THE CITY OF NEW YORK, A PROCEED-
ING  RELATING TO THE FAIR CAMPAIGN CODE BROUGHT PURSUANT TO THIS ARTICLE
SHALL  HAVE  FIRST  PREFERENCE  OVER  ALL  OTHER   PROCEEDINGS,   EXCEPT
PROCEEDINGS RELATING TO A RUN-OFF PRIMARY.
  4.  IN  ADDITION TO ALLOWABLE COSTS AND DISBURSEMENTS AND IRRESPECTIVE
OF WHETHER SUCH COSTS  AND  DISBURSEMENTS  ARE  AWARDED,  THE  COURT  OR
JUSTICE  MAY  ALLOW  A REASONABLE ATTORNEY'S FEE TO THE PREVAILING PARTY
EXCEPT THAT NO SUCH ATTORNEY'S FEE MAY BE  AWARDED  TO  OR  AGAINST  THE
STATE BOARD OF ELECTIONS.
  S  5.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law.