NY State Senate Bill 2015-S2157B

Senate Bill S2157B

2015-2016 Legislative Session

Relates to disclosure of the identities of political committees making certain expenditures for political communications

download bill text pdf

Archive: Last 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 14, 2016	print number 2157b
Jan 14, 2016	amend and recommit to elections
Jan 06, 2016	referred to elections
Apr 15, 2015	print number 2157a
Apr 15, 2015	amend (t) and recommit to elections
Jan 21, 2015	referred to elections

Bill Amendments

Original

B (Active)

co-Sponsors

2015-S2157 - Details

See Assembly Version of this Bill:: A4286
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§14-106, 14-107 & 14-126, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5980
2017-2018: S3154, A2158
2019-2020: S4910, A4668

2015-S2157 - Summary

Relates to disclosure of the identities of political committees making certain expenditures for political communications.

2015-S2157 - Sponsor Memo

                                BILL NUMBER:S2157

TITLE OF BILL:

An act to amend the election law, in relation to requiring the
disclosure of the identity of certain entities making expenditures for
political communications and providing penalties for failure to do so;
and to repeal subdivision 2 of section 14-107 of such law relating to
independent expenditure reporting

PURPOSE:

This bill will require that political communications disclose the
identity of the political committee that made the expenditure for the
communication.

SUMMARY OF PROVISIONS:

Section one of the bill amends section 14-106 of the election law as
it relates to requiring disclosure on political communications. The
section requires a "paid for by" statement for all political
communications including printed, digital, visual or auditory
communications. Political communications shall clearly print, state or
speak a disclaimer statement of "Paid for by" and the name of the
political committee that made the expenditure for such communication.
The bill exempts promotional items that are of nominal value and

contain a brief message of support including pens, bumper stickers,
yard signs and buttons. Digital media which is to small to contain a
disclosure statement shall be exempt if it contains a link to a
webpage where such disclosure is prominently displayed.

Section two of the bill repeals subdivision two of section 14-107 of
the election law.

Section three of the bill amends subdivision three of section 14-126
of the election as it relates to penalties. The bill provides
penalties for violations of the section with fines of up to $1,000 per
violation or up to the cost of the communication, whichever is
greater.

Section four of the bill authorizes the board of elections to
promulgate rules and regulations necessary to implement the provisions
of this section.

Section five of the bill relates to the effective date.

JUSTIFICATION:

Most states including the Federal government have laws requiring
political communications disclose the sender's identity. This bill
will end anonymous mailings and require that all communications
clearly state who paid for it. Anonymous mailings and advertising
allow candidates and committees to avoid taking responsibility for the
content of the communication.

Voters in all elections deserve to know where the political mail is
coming from and who is responsible for it.


LEGISLATIVE HISTORY:

2014 - S. 5980d Elections Committee/A. 8187C - Passed Assembly.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect January 1, 2016.

2015-S2157 - Bill Text download pdf

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

                                  2157

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sen.  GRIFFO -- 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  the  disclo-
  sure of the identity of certain entities making expenditures for poli-
  tical communications and providing penalties for failure to do so; and
  to  repeal  subdivision  2  of  section 14-107 of such law relating to
  independent expenditure reporting

  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 section 3
of  subpart C of part H of chapter 55 of the laws of 2014, is amended to
read as follows:
  S 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,  internet,  print  and
other  types of advertisements, pamphlets, circulars, flyers, brochures,
letterheads and other printed matter purchased or produced, and  reprod-
uctions  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-
TICAL  COMMITTEE  WHICH MADE THE EXPENDITURE FOR SUCH POLITICAL COMMUNI-
CATION. THE DISCLOSURE ON PRINTED OR DIGITAL  POLITICAL  COMMUNICATIONS,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07210-01-5

S. 2157                             2

INCLUDING  BUT  NOT  LIMITED TO BROCHURES, FLYERS, POSTERS, MAILINGS, OR
INTERNET ADVERTISING 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-PRINT-
ED  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.
  S 2. Subdivision 2 of section 14-107 of the election law is REPEALED.
  S 3. Subdivision 3 of section 14-126 of the election law, as added  by
section  6  of subpart C of part H of chapter 55 of the laws of 2014, is
amended to read as follows:
  3. [Any person who falsely identifies or knowingly fails  to  identify
any  independent  expenditure  as required by subdivision two of section
14-107 of this article shall be subject to a civil  penalty  up  to  one
thousand  dollars  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 or imposed directly by the
state board of elections. For purposes of  this  subdivision,  the  term
"person"  shall mean a person, group of persons, corporation, unincorpo-
rated business entity, labor organization or business, trade or  profes-
sional  association  or organization or political committee.] ANY PERSON
WHO KNOWINGLY FAILS TO DISCLOSE THE IDENTITY OF A POLITICAL COMMITTEE ON
A POLITICAL COMMUNICATION AS REQUIRED BY SECTION 14-106 OF THIS  ARTICLE
SHALL  BE SUBJECT TO A CIVIL PENALTY OF UP TO ONE THOUSAND DOLLARS OR UP
TO THE COST OF THE COMMUNICATION, WHICHEVER IS  GREATER,  IN  A  SPECIAL
PROCEEDING OR CIVIL ACTION.
  S 4. The state board of elections shall promulgate all rules and regu-
lations  necessary  to implement the provisions of this act on or before
its effective date.
  S 5. This act shall take effect January 1, 2016.

co-Sponsors

2015-S2157A - Details

See Assembly Version of this Bill:: A4286
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§14-106, 14-107 & 14-126, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5980
2017-2018: S3154, A2158
2019-2020: S4910, A4668

2015-S2157A - Summary

Relates to disclosure of the identities of political committees making certain expenditures for political communications.

2015-S2157A - Sponsor Memo

                                BILL NUMBER:S2157A

TITLE OF BILL:  An act to amend the election law, in relation to
disclosure of the identities of political committees making certain
expenditures for political communications

PURPOSE:  This bill will require that political communications
disclose the identity of the political committee that made the
expenditure for the communication.

SUMMARY OF PROVISIONS:

Section one of the bill amends section 14-106 of the election law as
it relates to requiring disclosure on political communications. The
section requires a "paid for by" statement for all political
communications including printed, digital, visual or auditory
communications. Political communications shall clearly print, state or
speak a disclaimer statement of "Paid for by" and the name of the
political committee that made the expenditure for such communication.
The bill exempts promotional items that are of nominal value and
contain a brief message of support including pens, bumper stickers,
yard signs and buttons. Digital media which is too small to contain a
disclosure statement shall be exempt if it contains a link to a
webpage where such disclosure is prominently displayed.

Section two of the bill amends subdivision 2 of section 14-107 to

ensure that individuals' private communication expenditures display
the name of the payer, consistent with the language of section 14-106.

Section three of the bill amends subdivision three of section 14-126
of the election as it relates to penalties. The bill provides
penalties for violations of the section with fines of up to $1,000 per
violation or up to the cost of the communication, whichever is
greater. This amends the subdivision to include the failure to
identify any participating political committee.

JUSTIFICATION:  Most states including the Federal government have laws
requiring political communications disclose the sender's identity.
This bill will end anonymous mailings and require that all
communications clearly state who paid for it. Anonymous mailings and
advertising allow candidates and committees to avoid taking
responsibility for the content of the communication.

Voters in all elections deserve to know where the political mail is
coming from and who is responsible for it.

LEGISLATIVE HISTORY:  2014 - S. 5980d Elections Committee/A. 8187C -
Passed Assembly.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect January 1, 2016.

2015-S2157A - Bill Text download pdf

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

                                 2157--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sens.  GRIFFO, AVELLA -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Elections  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the election law, in relation to disclosure of the iden-
  tities of political committees making certain expenditures  for  poli-
  tical communications

  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 section 3
of subpart C of part H of chapter 55 of the laws of 2014, is amended  to
read as follows:
  S  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, internet, print and
other types of advertisements, pamphlets, circulars, flyers,  brochures,
letterheads  and other printed matter purchased or produced, and reprod-
uctions 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-
TICAL COMMITTEE WHICH MADE THE EXPENDITURE FOR SUCH  POLITICAL  COMMUNI-
CATION.  THE  DISCLOSURE ON PRINTED OR DIGITAL POLITICAL COMMUNICATIONS,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07210-02-5

S. 2157--A                          2

INCLUDING BUT NOT LIMITED TO BROCHURES, FLYERS,  POSTERS,  MAILINGS,  OR
INTERNET ADVERTISING 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-PRINT-
ED  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 AUTO-
MATED 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.
  S  2. Subdivision 2 of section 14-107 of the election law, as added by
section 4 of subpart C of part H of chapter 55 of the laws of  2014,  is
amended to read as follows:
  2.  Whenever  any  person  makes an independent expenditure that costs
more than one thousand dollars  in  the  aggregate,  such  communication
shall,  IN  A  MANNER  CONSISTENT  WITH  SECTION 14-106 OF THIS ARTICLE,
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  was  not
expressly  authorized  or  requested  by any candidate, or by any candi-
date's political committee or any of its agents.
  S 3. Subdivision 3 of section 14-126 of the election law, as added  by
section  6  of subpart C of part H of chapter 55 of the laws of 2014, is
amended to read as follows:
  3. Any person who falsely identifies or knowingly  fails  to  identify
any  independent  expenditure  as required by subdivision two of section
14-107 of this article OR ANY POLITICAL COMMITTEE AS REQUIRED IN SECTION
14-106 OF THIS ARTICLE shall be subject to a civil  penalty  up  to  one
thousand  dollars  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 or imposed directly by the
state board of elections]. For purposes of this  subdivision,  the  term
"person"  shall mean a person, group of persons, corporation, unincorpo-
rated business entity, labor organization or business, trade or  profes-
sional association or organization or political committee.
  S 4. The state board of elections shall promulgate all rules and regu-
lations  necessary  to implement the provisions of this act on or before
its effective date.
  S 5. This act shall take effect January 1, 2016.

co-Sponsors

2015-S2157B (ACTIVE) - Details

See Assembly Version of this Bill:: A4286
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§14-106, 14-107 & 14-126, El L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5980
2017-2018: S3154, A2158
2019-2020: S4910, A4668

2015-S2157B (ACTIVE) - Summary

Relates to disclosure of the identities of political committees making certain expenditures for political communications.

2015-S2157B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2157b

 TITLE OF BILL :

An act to amend the election law, in relation to disclosure of the
identities of political committees making certain expenditures for
political communications

 PURPOSE :

This bill will require that political communications disclose the
identity of the political committee that made the expenditure for the
communication.

 SUMMARY OF PROVISIONS :

Section one of the bill amends section 14-106 of the election law as
it relates to requiring disclosure on political communications. The
section requires a "paid for by" statement for all political
communications including printed, digital, visual or auditory
communications. Political communications shall clearly print, state or
speak a disclaimer statement of "Paid for by" and the name of the
political committee that made the expenditure for such communication.
The bill exempts promotional items that are of nominal value and
contain a brief message of support including pens, bumper stickers,
yard signs and buttons. Digital media which is too small to contain a

disclosure statement shall be exempt if it contains a link to a
webpage where such disclosure is prominently displayed.

Section two of the bill amends subdivision 2 of section 14-107 to
ensure that individuals' private communication expenditures display
the name of the payer, consistent with the language of section 14-106.

Section three of the bill amends subdivision three of section 14-126
of the election as it relates to penalties. The bill provides
penalties for violations of the section with fines of up to $1,000 per
violation or up to the cost of the communication, whichever is
greater. This amends the subdivision to include the failure to
identify any participating political committee.

 JUSTIFICATION :

Most states including the Federal government have laws requiring
political communications disclose the sender's identity.  This bill
will end anonymous mailings and require that all communications
clearly state who paid for it. Anonymous mailings and advertising
allow candidates and committees to avoid taking responsibility for the
content of the communication.  Voters in all elections deserve to know
where the political mail is coming from and who is responsible for it.

 LEGISLATIVE HISTORY :

2014 - S. 5980d Elections Committee/A. 8187C Passed Assembly.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect January 1, 2017.

2015-S2157B (ACTIVE) - Bill Text download pdf

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

                                 2157--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sens.  GRIFFO, AVELLA -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Elections  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee  --  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 disclosure of the iden-
  tities of political committees making certain expenditures  for  poli-
  tical communications

  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 section 3
of subpart C of part H of chapter 55 of the laws of 2014, is amended  to
read as follows:
  S  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, internet, print and
other types of advertisements, pamphlets, circulars, flyers,  brochures,
letterheads  and other printed matter purchased or produced, and reprod-
uctions 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07210-03-6

S. 2157--B                          2

  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 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-PRINT-
ED  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 AUTO-
MATED 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.
  S  2. Subdivision 2 of section 14-107 of the election law, as added by
section 4 of subpart C of part H of chapter 55 of the laws of  2014,  is
amended to read as follows:
  2.  Whenever  any  person  makes an independent expenditure that costs
more than one thousand dollars  in  the  aggregate,  such  communication
shall,  IN  A  MANNER  CONSISTENT  WITH  SECTION 14-106 OF THIS ARTICLE,
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  was  not
expressly  authorized  or  requested  by any candidate, or by any candi-
date's political committee or any of its agents.
  S 3. Subdivision 3 of section 14-126 of the election law, as added  by
section  6  of subpart C of part H of chapter 55 of the laws of 2014, is
amended to read as follows:
  3. Any person who falsely identifies or knowingly  fails  to  identify
any  independent  expenditure  as required by subdivision two of section
14-107 of this article OR ANY POLITICAL COMMITTEE AS REQUIRED IN SECTION
14-106 OF THIS ARTICLE shall be subject to a civil  penalty  up  to  one
thousand  dollars  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 or imposed directly by the
state board of elections]. For purposes of this  subdivision,  the  term
"person"  shall mean a person, group of persons, corporation, unincorpo-
rated business entity, labor organization or business, trade or  profes-
sional association or organization or political committee.

S. 2157--B                          3

  S 4. The state board of elections shall promulgate all rules and regu-
lations  necessary  to implement the provisions of this act on or before
its effective date.
  S 5. This act shall take effect January 1, 2017.

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Senate Bill S2157B

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Sponsored By

Joseph A. Griffo

Archive: Last Bill Status - In Senate Committee Elections Committee

Bill Amendments

co-Sponsors

Tony Avella

2015-S2157 - Details

2015-S2157 - Summary

2015-S2157 - Sponsor Memo

2015-S2157 - Bill Text download pdf

co-Sponsors

Tony Avella

2015-S2157A - Details

2015-S2157A - Summary

2015-S2157A - Sponsor Memo

2015-S2157A - Bill Text download pdf

co-Sponsors

Tony Avella

Michael H. Ranzenhofer

2015-S2157B (ACTIVE) - Details

2015-S2157B (ACTIVE) - Summary

2015-S2157B (ACTIVE) - Sponsor Memo

2015-S2157B (ACTIVE) - Bill Text download pdf

Comments