What's happening
This bill requires political committees to disclose their identity on political communications and sets penalties for noncompliance.
Why it matters
Increases transparency for voters. by requiring political committees to clearly disclose their identity on most political communications, making it easier for the public to know who is funding or promoting specific messages.
Establishes clear standards for disclosure. across different types of media (print, digital, radio, etc.), ensuring that the “Paid for by” statement is accessible and understandable regardless of communication format.
Includes targeted exemptions. for small promotional items (like pens or buttons) and very small digital ads, balancing the disclosure requirement with practicality for items where full disclosure is not feasible.
Strengthens enforcement and penalties. by adding civil fines for committees that fail to comply, creating a financial deterrent against non-disclosure and promoting accountability in campaign spending.
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Who cares
Headline styles
Disclose Political Ad Funders
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to elections
- Print number 3154a
- Amend and recommit to elections
- Referred to elections
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Reveal Political Ad Backers
Assembly Floor Calendar · Sponsor Kenneth Zebrowski
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3154--A
2017-2018 Regular Sessions
IN SENATE
January 20, 2017
Introduced by Sens. GRIFFO, AVELLA, RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Elections -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the election law, in relation to disclosure of the identities of political committees making certain expenditures for political communications
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 14-106 of the election law, as amended by section 3 of subpart C of part H of chapter 55 of the laws of 2014, is amended to read as follows:
§ 14-106. Political communication. 1. The statements required to be filed under the provisions of this article next succeeding a primary, general or special election shall be accompanied by a copy of all broadcast, cable or satellite schedules and scripts, internet, print and other types of advertisements, pamphlets, circulars, flyers, brochures, letterheads and other printed matter purchased or produced, and reproductions of statements or information published to five hundred or more members of a general public audience by computer or other electronic device including but not limited to electronic mail or text message, purchased in connection with such election by or under the authority of the person filing the statement or the committee or the person on whose behalf it is filed, as the case may be. Such copies, schedules and scripts shall be preserved by the officer with whom or the board with which it is required to be filed for a period of one year from the date of filing thereof.
2. All political committees that make an expenditure for a political communication shall be required to disclose the identity of the political committee which made the expenditure for such political communication. The disclosure on printed or digital political communications,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04296-04-7
S. 3154--A 2
including but not limited to brochures, flyers, posters, mailings, or internet advertising shall be printed or typed in an appropriate legible form to read as follows: "Paid for by:" followed by the name of the political committee making the expenditure. The disclosure on non-printed or digital political communications shall clearly and prominently display and/or speak the following statement: "Paid for by:" followed by the name of the political committee making the expenditure. In the case of a political communication that is not visual, such as radio or automated telephone calls, clearly speaking the statement will satisfy the requirements of this section.
3. Political communications that are considered promotional items which support a particular candidate, election, ballot measure or issue and limit the content of communication to the name, office and brief message of support, shall be exempt from the provisions of subdivision two of this section. Promotional items shall be items that are of nominal value and are distributed to the general public in an effort to promote a particular candidate, election, ballot measure or issue including but not limited to pens, bumper stickers, yard signs, buttons, shirts, bags or balloons.
4. Political communication that is considered digital media which advertises for a particular candidate, election, ballot measure or issue which limits the content of communication to the name, office and brief message shall not be subject to the provisions of subdivision two of this section if such digital media is unable to contain the "paid for by" statement due to its small size and contains a link to another webpage where the "paid for by" statement is prominently displayed.
§ 2. Subdivision 2 of section 14-107 of the election law, as amended by section 2 of part A of chapter 286 of the laws of 2016, is amended to read as follows:
2. Whenever any person makes an independent expenditure that costs one thousand dollars or more in the aggregate, such communication shall, in a manner consistent with section 14-106 of this article, clearly state the name of the person who paid for, or otherwise published or distributed the communication and state, with respect to communications regarding candidates, that the communication was not expressly authorized or requested by any candidate, or by any candidate's political committee or any of its agents.
§ 3. Subdivision 3 of section 14-126 of the election law, as added by section 6 of subpart C of part H of chapter 55 of the laws of 2014, is amended to read as follows:
3. Any person who falsely identifies or knowingly fails to identify any independent expenditure as required by subdivision two of section 14-107 of this article or any political committee as required in section 14-106 of this article shall be subject to a civil penalty up to one thousand dollars or up to the cost of the communication, whichever is greater, in a special proceeding or civil action [brought by the state board of elections chief enforcement counsel or imposed directly by the state board of elections]. For purposes of this subdivision, the term "person" shall mean a person, group of persons, corporation, unincorporated business entity, labor organization or business, trade or professional association or organization or political committee.
§ 4. The state board of elections shall promulgate all rules and regulations necessary to implement the provisions of this act on or before its effective date.
§ 5. This act shall take effect on the first of January next succeeding the date upon which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the election law, in relation to disclosure of the identities of political committees making certain expenditures for political communications
Purpose
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 amends subdivision 2 of section 14-107 to ensure that individuals' private communication expenditures display the name of the payer, consistent with the language of section 14-106.
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. This amends the subdivision to include the failure to identify any participating political committee.
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.
Legislative history
2015-16 - S. 2157b - Elections Committee/A. 4286B - Passed Assembly.
Fiscal implications
None.
Effective date
The first of January next succeeding the date upon which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.