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.
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.
