S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4910
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 29, 2019
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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 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 part JJJ of chapter 59 of the laws of 2018, is  amended  to  read  as
 follows:
   §  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,  paid  internet or
 digital, print and other types of advertisements, pamphlets,  circulars,
 flyers,  brochures,  letterheads  and  other printed matter purchased or
 produced, and reproductions 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,
 INCLUDING  BUT  NOT  LIMITED TO BROCHURES, FLYERS, POSTERS, MAILINGS, OR
 INTERNET ADVERTISING SHALL BE PRINTED OR TYPED IN AN APPROPRIATE LEGIBLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02043-01-9

 S. 4910                             2
 
 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.
   § 2. Subdivision 2 of section 14-107 of the election law,  as  amended
 by  section  5 of part JJJ of chapter 59 of the laws of 2018, is amended
 to read as follows:
   2. Whenever any person makes an independent expenditure, such communi-
 cation shall, IN A MANNER CONSISTENT WITH SECTION 14-106 OF  THIS  ARTI-
 CLE,  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.
   §  3. Subdivision 3 of section 14-126 of the election law, as added by
 section 12 of part JJJ of chapter 59 of the laws of 2018, 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 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 poli-
 tical committee.
   § 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.
   §  5. This act shall take effect on the first of January next succeed-
 ing the date upon which it shall have become a law.