Requires the disclosure of the identity of certain entities making expenditures for political communications and provides penalties for failure to do so; repealer

6 Co-sponsors

• Joseph P. Addabbo Jr.
• Tony Avella
• Adriano Espaillat
• Brad Hoylman-Sigal
• Liz Krueger
• George Latimer

BILL NUMBER:S5980D

Title of bill

An act to amend the election law, in relation to requiring the disclosure of the identity of certain entities making expenditures for political communications and providing penalties for failure to do so; and to repeal subdivision 2 of section 14-107 of such law relating to independent expenditure reporting

Purpose of the bill

This bill will require that political communications disclose the identity of the political committee that made the expenditure for the communication.

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 statement 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 contain a 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 the bill repeals subdivision two of section 14-107 of the election law.

Section three of the bill amends subdivision three of section 14-126 of the election as it relates to penalties. The bill provides penalties for violations of the section with fines of up to $1,000 per violation or up to the cost of the communication, whichever is greater.

Section four of the bill relates authorizes 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 political 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 communication.

Voters in all elections deserve to know where the political mail is coming from and who is responsible for it.

Prior legislative history

New bill.

Fiscal implications for state

None.

Effective date

This act shall take effect January 1, 2015.