Bill Text: NY A05155 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides for the disclosure of the identity of the sponsors of political communications, including those printed or broadcasted which advocate the election or defeat of a particular candidate, and whether or not such communication is endorsed by the candidate; exempts individual expenditures.

Spectrum: Moderate Partisan Bill (Democrat 13-3)

Status: (Introduced - Dead) 2012-01-03 - enacting clause stricken [A05155 Detail]

Download: New_York-2011-A05155-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5155
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 14, 2011
                                      ___________
       Introduced  by  M.  of  A.  KAVANAGH,  COLTON, JAFFEE, MOLINARO, REILLY,
         SPANO, WEPRIN -- Multi-Sponsored by -- M. of A. CLARK, GALEF, LINARES,
         MAGEE, MURRAY, SWEENEY, WEISENBERG -- read once and  referred  to  the
         Committee on Election Law
       AN  ACT  to amend the election law, in relation to identification of the
         source of certain political communications
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The election law is amended by adding a new section 14-107
    2  to read as follows:
    3    S 14-107. IDENTIFICATION OF THE SOURCE OF CERTAIN  POLITICAL  COMMUNI-
    4  CATIONS.  1. WHENEVER ANY PERSON MAKES AN EXPENDITURE FOR THE PURPOSE OF
    5  FINANCING,  OR  OTHERWISE  PUBLISHES  OR   DISTRIBUTES,   COMMUNICATIONS
    6  EXPRESSLY  ADVOCATING  THE  ELECTION  OR  DEFEAT OF A CLEARLY IDENTIFIED
    7  CANDIDATE, SUCH COMMUNICATION:
    8    (A) IF PAID FOR AND AUTHORIZED BY A CANDIDATE, AN AUTHORIZED POLITICAL
    9  COMMITTEE OF A CANDIDATE, OR ITS AGENTS, SHALL CLEARLY  STATE  THAT  THE
   10  COMMUNICATION  HAS BEEN PAID FOR BY SUCH CANDIDATE, AUTHORIZED POLITICAL
   11  COMMITTEE, OR AGENT; OR
   12    (B) IF PAID FOR BY OTHER PERSONS BUT AUTHORIZED  BY  A  CANDIDATE,  AN
   13  AUTHORIZED  POLITICAL  COMMITTEE  OF  A  CANDIDATE, OR ITS AGENTS, SHALL
   14  CLEARLY STATE THAT THE COMMUNICATION IS PAID FOR BY SUCH  OTHER  PERSONS
   15  AND  AUTHORIZED  BY  SUCH  CANDIDATE, AUTHORIZED POLITICAL COMMITTEE, OR
   16  AGENT; OR
   17    (C) IF NOT AUTHORIZED BY A CANDIDATE, AN AUTHORIZED POLITICAL  COMMIT-
   18  TEE  OF  A CANDIDATE, OR ITS AGENTS, SHALL CLEARLY STATE THE NAME OF THE
   19  PERSON WHO PAID FOR, OR OTHERWISE PUBLISHED OR DISTRIBUTED, THE COMMUNI-
   20  CATION AND STATE THAT THE COMMUNICATION IS NOT AUTHORIZED BY ANY  CANDI-
   21  DATE OR CANDIDATE'S COMMITTEE.
   22    (D)  THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO INDEPENDENT
   23  EXPENDITURES BY INDIVIDUALS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07414-01-1
       A. 5155                             2
    1    2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
    2  FOLLOWING MEANINGS:
    3    (A) THE TERM "CLEARLY IDENTIFIED" MEANS THAT:
    4    (1) THE NAME OF THE CANDIDATE INVOLVED APPEARS;
    5    (2) A PHOTOGRAPH OR DRAWING OF THE CANDIDATE APPEARS; OR
    6    (3)  THE  IDENTITY  OF THE CANDIDATE IS APPARENT BY UNAMBIGUOUS REFER-
    7  ENCE.
    8    (B) THE TERM "COMMUNICATION" INCLUDES ANY  ADVERTISEMENTS,  PAMPHLETS,
    9  CIRCULARS,  FLYERS, BROCHURES, LETTERHEADS, OR OTHER PRINTED MATTER, AND
   10  RADIO OR TELEVISION BROADCASTS.
   11    (C) THE TERM "PERSON" INCLUDES AN INDIVIDUAL, PARTNERSHIP,  COMMITTEE,
   12  ASSOCIATION,  CORPORATION, LABOR ORGANIZATION, OR ANY OTHER ORGANIZATION
   13  OR GROUP OF PERSONS.
   14    3. A VIOLATION OF THE PROVISIONS OF THIS SECTION  SHALL  CONSTITUTE  A
   15  MISDEMEANOR.
   16    S  2. This act shall take effect on the first of January next succeed-
   17  ing the date on which it shall have become a law. Effective immediately,
   18  the addition, amendment and/or repeal of any rules or regulations neces-
   19  sary for the implementation of the foregoing section of this act on  its
   20  effective  date  are authorized and directed to be made and completed on
   21  or before such effective date.