The NYS Assembly Passes Assemblyman Zebrowski’s Historic Democracy Protection Act

Introduced with Governor Cuomo, the bill would require disclosure on all campaign ads, including digital platforms

Assemblyman Ken Zebrowski (D-New City) announced today that the Assembly passed his “Democracy Protection Act,” a bill that was introduced with Governor Cuomo’s office (A.9930). The legislation is based primarily on Zebrowski’s campaign disclosure bill (A.2158A) that was introduced in 2013; but is now expanded to include independent expenditures (IE’s) and digital/social media platforms. The bill would instill transparency in the political process and would effectively end anonymous political advertisements by requiring disclosure of who paid for the communication.

Under the Democracy Protection Act, all political communications must disclose the identity of the political or IE committee that made the expenditure. Political communication includes: print, digital, visual or auditory advertisements. Social media advertisements have been a particular concern not just on the federal level, but on the State and local level as well. The legislation clarifies that paid internet and digital advertisements are political communications and must contain that disclosure.

“It is about time New York updates our election laws and provides the transparency that our constituents deserve. Voters should be able to know who is paying for the flood of campaign advertisements received during an election season,” said Assemblyman Zebrowski.

The bill also recognizes the growing concern with anonymous digital ads paid for by dark money on social media sites. The legislation requires entities who run advertisements to register with the board of elections, disclose their identities on the ads and submit their paperwork to the digital platform.

The legislation would also provide for fines if a committee fails to comply with the disclosure requirement. Failure to disclose who paid for the communication could result in a $1,000 civil fine or the cost of the advertisement. A person or entity must also register with the State Board of Elections (BOE) as an independent expenditure committee prior to posting a paid internet advertisement if it is targeted to 50 or more people in the general public. TV/radio stations and internet platforms must require a copy of that registration form filed with the BOE upon purchase of the expenditure.

“Our laws need to keep up with technology. New Yorkers still face a flood of anonymous mail each year; however, they also have to deal with misleading ads on platforms such as Facebook and Twitter. Honest elections demand transparency on these websites,” Zebrowski said.

To address the current national issues with foreign government interference, the Democracy Protection Act prohibits a foreign national government, instrumentality, or agent from registering as an independent expenditure committee with the State BOE.

“I’d like to thank Governor Cuomo and Speaker Heastie for partnering with me on this issue. Our Nation’s democracy depends on fair and honest elections. This is a comprehensive piece of legislation that addresses dark interest money that has clouded recent elections and re-establishes transparency that voters deserve,” concluded Assemblyman Zebrowski.