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A04668 Summary:

BILL NOA04668
 
SAME ASSAME AS S04910
 
SPONSORZebrowski (MS)
 
COSPNSRLupardo, Jaffee, Thiele, Simotas, Benedetto, Paulin, Quart, Dinowitz, Stirpe, Rosenthal L, Steck, Fahy, Cahill, Galef, Gottfried, Miller MG, Solages, Cymbrowitz, Weprin, Lifton, Abinanti, Santabarbara, Peoples-Stokes, Raia, D'Urso, Jacobson, Blake
 
MLTSPNSRCrouch, Glick, Mosley, Ramos
 
Amd §§14-106, 14-107 & 14-126, El L
 
Relates to disclosure of the identities of political committees making certain expenditures for political communications.
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A04668 Actions:

BILL NOA04668
 
02/05/2019referred to election law
03/12/2019reported referred to codes
03/12/2019reported referred to rules
03/12/2019reported
03/12/2019rules report cal.38
03/12/2019ordered to third reading rules cal.38
03/12/2019passed assembly
03/12/2019delivered to senate
03/12/2019REFERRED TO ELECTIONS
06/13/2019SUBSTITUTED FOR S4910
06/13/20193RD READING CAL.712
06/13/2019PASSED SENATE
06/13/2019RETURNED TO ASSEMBLY
10/28/2019delivered to governor
11/08/2019signed chap.454
11/08/2019approval memo.10
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A04668 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4668
 
SPONSOR: Zebrowski (MS)
  TITLE OF BILL: An act to amend the election law, in relation to disclosure of the iden- tities of political committees making certain expenditures for political communications   PURPOSE OF THE BILL: This bill will require that political communications disclose the iden- tity of the political committee that made the expenditure for the commu- nication.   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 state- ment 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 contains, 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 tine bill amends section 14-307 of the election law as it relates to stating the manner in which the identity is disclosed on independent expenditures. Section three of the bill amends section 14-126 of the election as it relates to penalties. Section four of the bill relates to authorizing 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 poli- tical 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 commu- nication. Voters in all elections deserve to know where the political mail is coming from and who is responsible for it.   PRIOR LEGISLATIVE HISTORY: A.2158A of 2017-18, A.42865 of 2015-16, A.8187C of 2013-14.   FISCAL IMPLICATIONS FOR STATE: None.   EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date upon which it shall have become a law.
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A04668 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4668
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 5, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  ZEBROWSKI, LUPARDO, JAFFEE, THIELE, SIMOTAS,
          BENEDETTO, PAULIN, QUART, DINOWITZ, STIRPE, L. ROSENTHAL, STECK, FAHY,
          CAHILL, GALEF, GOTTFRIED, M. G. MILLER, SOLAGES,  CYMBROWITZ,  WEPRIN,
          LIFTON,  ABINANTI,  SANTABARBARA,  PEOPLES-STOKES, RAIA -- Multi-Spon-
          sored by -- M. of A.  CROUCH, GLICK, MOSLEY, RAMOS --  read  once  and
          referred to the Committee on Election Law
 
        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:
 
     1    Section 1. Section 14-106 of the election law, as amended by section 3
     2  of  part  JJJ  of  chapter 59 of the laws of 2018, is amended to read as
     3  follows:
     4    § 14-106. Political communication. 1. The statements  required  to  be
     5  filed  under  the  provisions of this article next succeeding a primary,
     6  general or special election shall be accompanied by a copy of all broad-
     7  cast, cable  or  satellite  schedules  and  scripts,  paid  internet  or
     8  digital,  print and other types of advertisements, pamphlets, circulars,
     9  flyers, brochures, letterheads and other  printed  matter  purchased  or
    10  produced,  and  reproductions  of statements or information published to
    11  five hundred or more members of a general public audience by computer or
    12  other electronic device including but not limited to electronic mail  or
    13  text message, purchased in connection with such election by or under the
    14  authority  of  the  person  filing the statement or the committee or the
    15  person on whose behalf it is filed, as the case  may  be.  Such  copies,
    16  schedules and scripts shall be preserved by the officer with whom or the
    17  board  with  which  it  is required to be filed for a period of one year
    18  from the date of filing thereof.
    19    2. All political committees that make an expenditure for  a  political
    20  communication  shall  be  required to disclose the identity of the poli-
    21  tical committee which made the expenditure for such  political  communi-
    22  cation.  The  disclosure on printed or digital political communications,
    23  including but not limited to brochures, flyers,  posters,  mailings,  or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02043-01-9

        A. 4668                             2
 
     1  internet advertising shall be printed or typed in an appropriate legible
     2  form  to  read  as  follows:  "Paid for by:" followed by the name of the
     3  political committee making the expenditure. The disclosure on non-print-
     4  ed  or  digital  political  communications shall clearly and prominently
     5  display and/or speak the following statement: "Paid for by:" followed by
     6  the name of the political committee making the expenditure. In the  case
     7  of  a political communication that is not visual, such as radio or auto-
     8  mated telephone calls, clearly speaking the statement will  satisfy  the
     9  requirements of this section.
    10    3.  Political  communications  that  are  considered promotional items
    11  which support a particular candidate, election, ballot measure or  issue
    12  and  limit  the  content  of communication to the name, office and brief
    13  message of support, shall be exempt from the provisions  of  subdivision
    14  two  of this section. Promotional items shall be items that are of nomi-
    15  nal value and are distributed to the general  public  in  an  effort  to
    16  promote  a  particular  candidate,  election,  ballot  measure  or issue
    17  including but not limited to pens, bumper stickers, yard signs, buttons,
    18  shirts, bags or balloons.
    19    4. Political communication that  is  considered  digital  media  which
    20  advertises for a particular candidate, election, ballot measure or issue
    21  which  limits the content of communication to the name, office and brief
    22  message shall not be subject to the provisions  of  subdivision  two  of
    23  this  section  if  such digital media is unable to contain the "paid for
    24  by" statement due to its small size  and  contains  a  link  to  another
    25  webpage where the "paid for by" statement is prominently displayed.
    26    §  2.  Subdivision 2 of section 14-107 of the election law, as amended
    27  by section 5 of part JJJ of chapter 59 of the laws of 2018,  is  amended
    28  to read as follows:
    29    2. Whenever any person makes an independent expenditure, such communi-
    30  cation  shall,  in a manner consistent with section 14-106 of this arti-
    31  cle, clearly state the name of the person who  paid  for,  or  otherwise
    32  published  or  distributed  the communication and state, with respect to
    33  communications regarding candidates,  that  the  communication  was  not
    34  expressly  authorized  or  requested  by any candidate, or by any candi-
    35  date's political committee or any of its agents.
    36    § 3. Subdivision 3 of section 14-126 of the election law, as added  by
    37  section  12 of part JJJ of chapter 59 of the laws of 2018, is amended to
    38  read as follows:
    39    3. Any person who falsely identifies or knowingly  fails  to  identify
    40  any  independent  expenditure  as required by subdivision two of section
    41  14-107 of this article or any political committee as required in section
    42  14-106 of this article shall be subject to a civil  penalty  up  to  one
    43  thousand  dollars  or  up to the cost of the communication, whichever is
    44  greater, in a special proceeding or civil action brought  by  the  state
    45  board  of  elections chief enforcement counsel pursuant to paragraph (a)
    46  of subdivision five of section 3-104 of this chapter.  For  purposes  of
    47  this  subdivision,  the  term  "person"  shall  mean  a person, group of
    48  persons, corporation, unincorporated business entity, labor organization
    49  or business, trade or professional association or organization or  poli-
    50  tical committee.
    51    § 4. The state board of elections shall promulgate all rules and regu-
    52  lations  necessary  to implement the provisions of this act on or before
    53  its effective date.
    54    § 5. This act shall take effect on the first of January next  succeed-
    55  ing the date upon which it shall have become a law.
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