Provides for the registration and regulation of certain campaign consultants

3 Co-sponsors

• William J. Larkin Jr.
• Thomas P. Morahan
• Dale M. Volker

Title of bill

An act to amend the election law, in relation to the regulation of campaign consultants

Purpose

To impose reasonable registration and disclosure requirements on campaign consultants

Summary of provisions

Section One: Adds a new article 18 to the election law which would require the registration and regulation of campaign consultants

Section 18 - 102: Defines "campaign consultant" to be any person or entity that receives or is promised economic consideration equaling one thousand dollars or more in a calendar year for campaign consulting services. Includes any person or entity that subcontracts with a campaign consultant to provide campaign consulting services, and that receives or is promised economic consideration equaling one thousand dollars or more in a calendar year. The term "campaign consultant" would not include persons who are employees of a consultant, attorneys who provide only legal services, accountants who provide only accounting services, pollsters who provide only polling services and treasurers who provide only those services which are required of treasurers.

Section 18 - 104: Requires the registration of campaign consultants with the Ethics Commission

Section 18 - 106: Provides for the form of registration, listing of employees and clients and fees for services, required registration fees and reports as well as a reporting of political contributions of one hundred dollars or more made or delivered by the campaign consultant.

Section 18 - 108: Empowers the Ethics Commission and provides for its powers and duties in relation to this act.

Section 18 - 110: Provides for administrative and civil enforcement including monetary penalties of up to $5,000 for every violation or three times the amount not properly reported.

Section 18 - 112: Provides for a code of conduct for campaign consultants.

Section 18 - 114: Severability clause

Section 18 - 116: Provides for the electronic filing of statements and reports.

Existing law

This legislation is based on an ordinance currently in use in the City of San Francisco. Other jurisdictions who require registration include New York City (Local Law 15 of 2006) and the State of Texas (Chapter 305 of2007).

Justification

The legislature has a paramount interest in protecting the integrity and credibility of its electoral and government institutions. Election campaigns are highly competitive in the state of New York, and candidates frequently contract for the services of professional campaign consultants who specialize in guiding and managing campaigns.

It is the purpose and intent of the Legislature to impose reasonable registration and disclosure requirements on campaign consultants. Required registration and disclosure of information by campaign consultants will assist the public in making informed decisions, and protect public confidence in the electoral and governmental processes.

Legislative history

S.8176 of 2008

Fiscal implications

To be determined.

Local fiscal implications

None.

Effective date

180 days after which it shall have become a law.