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S4910Senate2019-2020 SessionSame asA4668

Reveal Political Ad Funders

Official title

“Relates to disclosure of the identities of political committees making certain expenditures for political communications”

Status
Senate Floor Calendar
Impact
4/10
Low
Outcome
Companion signed

Bill progress

Signed via A4668

What's happening

This bill requires political committees to clearly disclose their identity on most political communications and sets penalties for noncompliance.

Why it matters

  1. Expands transparency requirements. The bill broadens the scope of what must be disclosed by political committees, covering not just traditional print and broadcast ads but also digital ads, emails, texts, and other electronic communications, making it harder for groups to hide their involvement in influencing elections.

  2. Clearer identification for voters. By requiring a prominent “Paid for by” statement on most political communications, voters can more easily identify the source of political messaging, helping them make more informed decisions and potentially reducing the impact of misleading or anonymous ads.

  3. Limits and exceptions for practical reasons. The bill exempts small-value promotional items (like pens, buttons, yard signs) and allows for alternative disclosures (such as a link to a disclosure page) on tiny digital ads, balancing transparency with the practical limitations of certain advertising formats.

  4. Creates enforceable penalties. By imposing civil penalties on those who fail to properly disclose political committee identities, the law gives real teeth to the disclosure requirements, aiming to deter violations and increase accountability in political campaigning.

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Who cares

Headline styles

Reveal Political Ad Funders

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
James Skoufis

Senator · Senate District 39

Chair, Investigations And Government Operations

History

  1. Substituted by A4668
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.712
  5. 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.

A4668Assembly

Disclose Political Ad Sponsors

Signed by Governor · Sponsor Kenneth Zebrowski

Impact 6 · ModerateSigned into law

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4910

2019-2020 Regular Sessions

IN SENATE

March 29, 2019

Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Elections

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 part JJJ of chapter 59 of the laws of 2018, 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, paid internet or digital, 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, including but not limited to brochures, flyers, posters, mailings, or internet advertising shall be printed or typed in an appropriate legible

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02043-01-9

S. 4910 2

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 5 of part JJJ of chapter 59 of the laws of 2018, is amended to read as follows:

2. Whenever any person makes an independent expenditure, 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 12 of part JJJ of chapter 59 of the laws of 2018, 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 pursuant to paragraph (a) of subdivision five of section 3-104 of this chapter. 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 iden- tity of the political committee that made the expenditure for the commu- nication.

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 state- ment 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 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 section 14-307 of the election law as it relates to stating the manner in which the identity is disclosed on independent expenditures.

Section three of the bill amends section 14-126 of the election as it relates to penalties.

Section four of the bill relates to authorizing 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 have laws requiring political communications disclose the sender's identity, as does the federal government. This bill will end anonymous mailings and require that all communications clearly state who paid for them. Anonymous mailings and advertising allow candidates and committees to avoid taking responsibility for the content of the commu- nication. Voters in all elections deserve to know where the political mail is coming from and who is responsible for it.

Legislative history

Assembly A.2158A of 2017-18 - Passed Assembly in 2017 A.42865 of 2015-16 - Passed Assembly in 2015 and 2016 A.8187C of 2013-14 - Passed Assembly in 2014

Senate S3154A of 2017-18 - Referred to Elections S2157B of 2015-16 - Referred to Elections S5980D of 2013-14 - Referred to Elections

Fiscal implications

None.

Effective date

This act shall take effect on the first of January next succeeding the date upon which it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.