Legislation
SECTION 73-B
Advertisements by elected government officials and candidates made with public funds; prohibited
Public Officers (PBO) CHAPTER 47, ARTICLE 4
§ 73-b. Advertisements by elected government officials and candidates
made with public funds; prohibited. 1. As used in this section:
(a) "Political subdivision" shall mean a county, city, town, village
or district within the state.
(b) "Public authority" shall mean a public authority or public benefit
corporation created by or existing under any law of the state, at least
one of whose members is appointed by the governor (including any
subsidiaries of such public authority or public benefit corporation),
other than an interstate or international authority or public benefit
corporation.
(c) "Appear" or "appears" shall mean to appear by likeness, picture or
voice.
(d) "Candidate" shall have the meaning set forth in section 14-100 of
the election law.
2. Notwithstanding any other provision of law to the contrary, (a) no
elected government official or candidate for elected local, state or
federal office shall knowingly appear in any advertisement or promotion,
including public or community service announcements, published or
broadcast through any print or electronic media (including television,
radio and internet) by any private or commercial entity or any other
entity that publishes such advertisement for a fee, if the advertisement
or promotion is paid for or produced in whole or in part with funds of
the state, a political subdivision thereof or a public authority.
(b) No person shall knowingly use the funds of the state, a political
subdivision thereof or public authority to pay for or produce, in whole
or in part, any advertisement or promotion that is prohibited by
paragraph (a) of this subdivision. This prohibition shall not apply to
otherwise lawful expenditures of public campaign funds specifically
provided for under state, federal or local law.
3. Any person who violates the provisions of this section shall be
liable for a civil penalty of not less than one thousand dollars nor
more than five thousand dollars. The penalties prescribed by this
subdivision may be recovered in a civil action brought by the attorney
general.
made with public funds; prohibited. 1. As used in this section:
(a) "Political subdivision" shall mean a county, city, town, village
or district within the state.
(b) "Public authority" shall mean a public authority or public benefit
corporation created by or existing under any law of the state, at least
one of whose members is appointed by the governor (including any
subsidiaries of such public authority or public benefit corporation),
other than an interstate or international authority or public benefit
corporation.
(c) "Appear" or "appears" shall mean to appear by likeness, picture or
voice.
(d) "Candidate" shall have the meaning set forth in section 14-100 of
the election law.
2. Notwithstanding any other provision of law to the contrary, (a) no
elected government official or candidate for elected local, state or
federal office shall knowingly appear in any advertisement or promotion,
including public or community service announcements, published or
broadcast through any print or electronic media (including television,
radio and internet) by any private or commercial entity or any other
entity that publishes such advertisement for a fee, if the advertisement
or promotion is paid for or produced in whole or in part with funds of
the state, a political subdivision thereof or a public authority.
(b) No person shall knowingly use the funds of the state, a political
subdivision thereof or public authority to pay for or produce, in whole
or in part, any advertisement or promotion that is prohibited by
paragraph (a) of this subdivision. This prohibition shall not apply to
otherwise lawful expenditures of public campaign funds specifically
provided for under state, federal or local law.
3. Any person who violates the provisions of this section shall be
liable for a civil penalty of not less than one thousand dollars nor
more than five thousand dollars. The penalties prescribed by this
subdivision may be recovered in a civil action brought by the attorney
general.