Requires public-facing websites operated by political committees to contain "paid for by" language; adds such public-facing websites to the list of political communications that qualify as independent expenditures.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3415
SPONSOR: McDonald
 
TITLE OF BILL:
An act to amend the election law, in relation to public-facing websites
operated by political committees
 
PURPOSE:
To require that public-facing websites paid for, hosted, and/or operated
by political committees feature a disclaimer identifying the political
committee responsible for the website.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 14-106 of the Election Law to include public-
facing websites in the list of political communications that are
required to feature a disclaimer identifying the political committee
responsible for the communication; specifies that such disclaimer must
be clearly displayed on each navigable page of a website paid for, host-
ed, and/or operated by a political committee.
Section 2 amends section 14-107 of the Election Law to expand the defi-
nition of "independent expenditure" to include public-facing websites.
 
JUSTIFICATION:
Campaign finance transparency is a central pillar of any healthy democ-
racy. It is widely recognized that individuals and interest groups
commonly seek to influence the policymaking process by sponsoring,
either through direct financial contributions or through independent
expenditures, the election bids of candidates whose political disposi-
tions align with their own policy objectives. Accordingly, for voters
to be able to identify which candidates are most apt to advance their
preferences and interests, it is imperative that they have the tools
needed to evaluate the credibility of the voluminous political messaaina
they encounter during each election cycle voters to identify the expend-
iture committee responsible for a specific communication.
In 2018, New York responded to the increasing prevalence of internet-
based political communications by updating the Election Law to require
that most digital advertisements contain a disclaimer; however, the
state neglected to follow federal law in requiring that all public-fac-
ing websites paid for, hosted, and/or operated by political committees
also contain such disclaimers. This bill builds on the 2018 reforms by
adding websites to the list of political communications that must
contain a disclaimer, and by establishing that websites intended to
influence an election qualify as independent expenditures.
 
LEGISLATIVE HISTORY:
2023-2024: A.7095/S.6675
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
3415
2025-2026 Regular Sessions
IN ASSEMBLY
January 27, 2025
___________
Introduced by M. of A. McDONALD, SEAWRIGHT -- read once and referred to
the Committee on Election Law
AN ACT to amend the election law, in relation to public-facing websites
operated by political committees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 14-106 of the election law, as
2 added by chapter 454 of the laws of 2019, is amended to read as follows:
3 2. All political committees that make an expenditure for a political
4 communication shall be required to disclose the identity of the poli-
5 tical committee which made the expenditure for such political communi-
6 cation. The disclosure on printed or digital political communications,
7 including but not limited to brochures, flyers, posters, mailings, publ-
8 ic-facing websites, or internet advertising shall be printed or typed in
9 an appropriate legible form to read as follows: "Paid for by:" followed
10 by the name of the political committee making the expenditure. The
11 disclosure on non-printed or digital political communications shall
12 clearly and prominently display and/or speak the following statement:
13 "Paid for by:" followed by the name of the political committee making
14 the expenditure. In the case of a political communication that is not
15 visual, such as radio or automated telephone calls, clearly speaking the
16 statement will satisfy the requirements of this section. In the case of
17 a public-facing website paid for, hosted, and/or operated by a political
18 committee, the disclosure shall be clearly displayed within each naviga-
19 ble webpage of such website.
20 § 2. Paragraph (a) and subparagraph (v) of paragraph (b) of subdivi-
21 sion 1 of section 14-107 of the election law, paragraph (a) as amended
22 by section 4 of part JJJ of chapter 59 of the laws of 2018 and subpara-
23 graph (v) of paragraph (b) as amended by section 1 of part A of chapter
24 286 of the laws of 2016, are amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04035-01-5
A. 3415 2
1 (a) "Independent expenditure" means an expenditure made by an inde-
2 pendent expenditure committee in the form of (i) an audio or video
3 communication via broadcast, cable or satellite, (ii) a written communi-
4 cation via advertisements, pamphlets, circulars, flyers, brochures,
5 letterheads or (iii) other published statements, where such expenditure
6 is conveyed to five hundred or more members of a general public audi-
7 ence, or in the form of any paid internet or digital advertisement
8 targeted to fifty or more members of a general public audience, or in
9 the form of a public-facing website, which: (i) irrespective of when
10 such communication is made, contains words such as "vote," "oppose,"
11 "support," "elect," "defeat," or "reject," which call for the election
12 or defeat of the clearly identified candidate, (ii) refers to and advo-
13 cates for or against a clearly identified candidate or ballot proposal
14 on or after January first of the year of the election in which such
15 candidate is seeking office or such proposal shall appear on the ballot,
16 or (iii) within sixty days before a general or special election for the
17 office sought by the candidate or thirty days before a primary election,
18 includes or references a clearly identified candidate. An independent
19 expenditure shall not include communications where such candidate, the
20 candidate's political committee or its agents, a party committee or its
21 agents, or a constituted committee or its agents or a political commit-
22 tee formed to promote the success or defeat of a ballot proposal or its
23 agents, did authorize, request, suggest, foster or cooperate in such
24 communication.
25 (v) a communication published on the Internet, unless the communi-
26 cation is a paid advertisement or a public-facing website paid for,
27 hosted, and/or operated by a political committee.
28 § 3. This act shall take effect on the sixtieth day after it shall
29 have become a law.