Current through Register Vol. 46, No. 12, March 20, 2024
(a) Purpose and Overview. The purpose of this
Regulation is to set forth the requirements under the New York State Election
Law regarding compliance with Independent Expenditure disclosure. The New York
State Election Law mandates how financial activity, including independent
expenditures, is to be disclosed. Article 14 of the Election Law ("EL") sets
forth the requirement that independent expenditures be disclosed through the
filing of campaign financial disclosure reports.
(b) Definitions.
(1) Independent Expenditure means an
expenditure made by an independent expenditure committee conveyed to 500 or
more members of a General Public Audience or any paid internet or digital
advertisement targeted to 50 or more members of the General Public Audience,
provided such expenditure is in a form described in subpargraph (i) and meets
one of the three content and timing criteria described in subparagraph (ii) and
is not a communication exempted from the definition of independent expenditure
by paragraph (2) of this subdivision or other provision of law.
(i) An independent expenditure shall be in
the form of:
(a) an audio or video
communication via broadcast, cable or satellite;
(b) a written communication via
advertisements, pamphlets, circulars, flyers, brochures, letterheads;
(c) other published statements which shall
include, but not be limited to, d.igital media; or
(d) any paid internet or digital
advertisement as defined in paragraph 11 of this section.
(ii) An independent expenditure shall have
the following attributes:
(a) irrespective of
when such communication is made, contains words such as "vote," "oppose,"
"support," "elect," "defeat," or "reject," which call for the election or
defeat of the Clearly Identified Candidate;
(b) refers to and Advocates For or Against a
Clearly Identified Candidate or ballot proposal on or after January 1st of the
year of the election in which such candidate is seeking office or such proposal
shall appear on the ballot; or
(c)
within 60 days before a general or special election for the office sought by
the candidate or 30 days before a primary election, includes or references a
clearly identified candidate.
(1) For
purposes of this regulation Advocates for or Against means-in the absence of
explicit words of advocacy for or against a candidate or ballot proposal-that
the expenditure, through the use of images, photos, or language, promotes,
supports, attacks, or opposes the Clearly Identified Candidate or ballot
proposal.
(2) For purposes of
determining that a communication is advocating for or against a candidate or
ballot proposal, the following factors shall be considered, but shall not be
limited to:
(i) whether it identifies a
particular candidate by name or other means such as party affiliation or
distinctive features of a candidate's platform or biography or identifies a
ballot proposal;
(ii) whether it
expresses approval or disapproval for said candidate's positions or actions or
for a ballot proposal;
(iii)
whether it refers to a candidate or ballot proposal and is part of an ongoing
series by the group on the same issue and the expenditure is made on or after
January 1st of the year of the election in which such candidate is seeking
office or such proposal shall appear on the ballot;
(iv) whether the issue raised in the
communication has been raised as a distinguishing characteristic amongst the
referenced candidates; and
(v)
whether its timing and the identification of the candidate are related to a
vote on legislation or a position on legislation by an officeholder who is also
a candidate and is made on or after January first of the year of the election
in which such candidate is seeking office.
(3) For purposes of determining that a
communication is not advocating for or against a candidate or ballot proposal,
the following factors shall be considered, but shall not be limited to:
(i) Whether it is part of an ongoing series
by the group on the same issue and does not refer to a candidate or ballot
proposal; and
(ii) Whether its
timing and the identification of the candidate or ballot proposal are related
to a non-electoral event (e.g. a vote on legislation or a position on
legislation by an officeholder who is also a candidate) and is not made on or
after January 1st of the year of the election in which such candidate is
seeking office or such proposal shall appear on the ballot.
(4) However, even if some of the
above factors in item (2) or (3) of this subclause are found, the communication
must still be considered in its context before arriving at any
conclusion.
(2) Independent Expenditure shall not
include:
(i) payments or expenditures made by
a party or constituted committee that is required to file disclosure reports
under the Election Law;
(ii)
communications where such candidate, the candidate's political committee or its
agents, a party committee or its agents, or a constituted committee or its
agents or a political committee formed to promote the success or defeat of a
ballot proposal or its agents, did authorize, request, suggest, foster or
cooperate in such communication;
(iii) payments or expenditures where
Coordination occurs in the creation, formation, or operation of the independent
expenditure committee making the payment or expenditure.
(a) Coordination shall include:
(1) Candidate Participated in
Creation/Formation of IE Committee within two years of Election: The candidate
or the candidate's authorized committee, or an agent of the candidate or
candidate's authorized committee, participated in the creation or formation of
the independent expenditure committee within two years of the general election,
primary or special election in which the candidate is a candidate for
nomination or election and the payment or expenditure made is for the benefit
of that candidate.
(2) Candidate
Appears at Fundraiser Hosted by IE Committee within two years of Election: The
candidate or an agent of the candidate appears at any fundraising event hosted
by an independent expenditure committee, or its agent, making a payment or
expenditure that benefits that candidate within two years of the general
election, primary or special election in which the candidate is a candidate for
nomination or election.
(3) IE
Committee Employed or Retained Former Employee of Candidate or Policymaker in
Candidate office holder's office within two years of Election: The independent
expenditure committee making the payment or expenditure, or its agent, employed
or retained an individual, other than an individual described in subparagraph
(viii) of this paragraph, who was employed by the candidate, the candidate's
authorized committee or an agent of the candidate or has held a policymaking,
non-administrative position in the office of the candidate's elected office
within two years of the general election, primary or special election in which
the candidate is a candidate for nomination or election, and the payment or
expenditure is made for the benefit of that candidate.
(4) IE Committee is a Member of, or is
Established, Directed or Manage d by Candidate's Immediate Family Member: The
independent expenditure committee making the payment or expenditure, or its
agent, is a member of the candidate's immediate family or is established,
directed, or managed by a member of the immediate family of the candidate, and
the payment or expenditure is made for the benefit of that candidate.
(5) IE Committee Uses Campaign Material from
Candidate: The independent expenditure committee making the payment or
expenditure benefiting the candidate, republishes, disseminates, or
distributes, in whole or in part, any video, audio, written, or other
campaign-related material prepared by the candidate or the candidate's
authorized committee or by an agent of the candidate or the candidate's
authorized committee. This subclause shall not apply if the independent
expenditure committee making the payment or expenditure obtains the
communication or materials from a publicly available source.
(6) Candidate Shares or Rents Campaign Space
With or From the IE Committee: The candidate or the candidate's authorized
committee, or an agent of the candidate or the candidate's authorized
committee, shares or rents space for a campaign-related purpose with or from
the independent expenditure committee, or its agent, making the payment or
expenditure benefitting the candidate.
(7) IE Committee has Participated in
Strategic Discussions with the Candidate within two years of the Election: The
independent expenditure committee, or its agent, making the payment or
expenditure benefitting the candidate has participated in strategic discussions
with the candidate, the candidate's authorized committee, or an agent of the
candidate or the candidate's authorized committee within two years of the
general election, primary or special election in which the candidate is a
candidate for nomination or election. Discussions shall be deemed strategic if
information about the candidate's or opponent's electoral campaign plans,
projects, or activities that is not obtained from a publicly available source
is conveyed to the independent expenditure committee, or its agent, making the
payment or expenditure. This paragraph shall only apply to discussions
occurring after the independent expenditure committee is formed or, one week
after the candidate has been certified for that election, whichever occurs
first.
(8) IE Committee and
Candidate Retain Same Professional Campaign Service Provider within two years
of the Election: The independent expenditure committee, or its agent, making
the payment or expenditure benefitting the candidate, and the candidate or the
candidate's authorized committee knowingly retain the same individual or entity
to provide professional campaign services within two years of the general
election, primary or special election in which the candidate is a candidate for
nomination or election, and the professional campaign services provider
discloses strategic information regarding one party with the other party.
Information shall be deemed strategic if it relates to either party's
respective campaign or independent expenditure plans, projects, or activities
that are not obtained from a publicly available source. This subclause shall
not prohibit a candidate, a candidate's authorized committee, or an agent of
the candidate or the candidate's authorized committee from retaining the same
professional campaign services provider as the independent expenditure
committee, or its agent, making the payment or expenditure benefitting the
candidate upon the professional campaign services provider entering into a
confidentiality agreement with both parties expressly stating that it will not
disclose strategic information regarding each party with the other
party.
(9) IE Committee utilizes
Strategic Information or Data from Common Vendor/Campaign Professional of
Candidate within two years of the Election: The independent expenditure
committee, or its agent, making the payment or expenditure benefitting the
candidate, utilizes strategic information or data related to the candidate,
that is not from a publicly available source and is not otherwise available by
subscription, from an individual who has been previously compensated,
reimbursed or retained by the candidate as a consultant, political, media or
fundraising advisor, vendor or contractor within two years of the general
election, primary or special election in which the candidate is a candidate for
nomination or election.
(b) Coordination shall not include:
(1) Responses to Inquiries regarding
Legislative or Policy Issues: a response by a candidate or a party or
constituted committee to an inquiry about that candidate's or party or
constituted committee's position on legislative or policy issues;
(2) Public Communications by Candidate
Owner/Operator of Business: a public communication in which a candidate is
clearly identified only in his/her capacity as the owner/operator of a business
that existed prior to the candidacy, if:
(i)
the medium, timing, content, and geographic distribution of the public
communication are consistent with the public communications made by such
business prior to the candidacy; and
(ii) the public communication does not
promote, support, attack, or oppose that candidate or another candidate in
their capacity as candidates who seek the same office as that
candidate.
(iv) expenditures in connection with:
(a) a written news story, commentary, or
editorial or a news story, commentary, or editorial distributed through the
facilities of any broadcasting station, cable or satellite unless such
publication or facilities are owned or controlled by any political party,
political committee or candidate; or
(b) a communication that constitutes a
candidate debate or forum; or
(c)
internal communication by members to other members of a Membership Organization
of not more than 500 members, for the purpose of supporting or opposing a
candidate or candidates for elective office, provided such expenditures are not
used for the costs of campaign material or communications used in connection
with broadcasting, telecasting, newspapers, magazines, or other periodical
publication, billboards, or similar types of general public
communications;
(d) internal
communications by members to other members of a membership organization of not
more than 500 members or communications by a corporation organized for
charitable purposes pursuant to section 501(c)(3) of the Internal Revenue Code,
within 60 days before a general or special election for the office sought by
the candidate or 30 days before a primary election, that includes or references
a clearly identified candidate but does not otherwise qualify as an independent
expenditure under this section; or
(e) a communication published on the
internet, unless the communication is a paid advertisement. (EL
14-107(1)(B))
(3) Clearly Identified Candidate means that:
(i) the name of the candidate involved
appears;
(ii) a photograph or
drawing of the candidate appears; or
(iii) the identity of the candidate is
apparent by unambiguous reference. (EL 14-100(12)).
(4) General Public Audience means an audience
composed of members of the public, including a targeted subgroup of members of
the public; provided, however, it does not mean an audience solely comprised of
members, retirees and staff of a labor organization or members of their
households or an audience solely comprised of employees of a corporation,
unincorporated business entity or members of a business, trade or professional
association or organization. (EL 14-100(13)).
(5) Labor Organization means any organization
of any kind which exists for the purpose, in whole or in part, of representing
employees employed within the State of New York in dealing with employers or
employer organizations or with a state government, or any political or civil
subdivision or other agency thereof, concerning terms and conditions of
employment, grievances, labor disputes, or other matters incidental to the
employment relationship. For the purposes of this regulation, each local,
parent national or parent international organization of a statewide labor
organization, and each statewide federation receiving dues from subsidiary
labor organizations, shall be considered a separate labor organization. (EL
14-100(14)).
(6) Membership
Organization means a group that has a recognized organizational structure and
maintains a list of its members, such as a professional, fraternal, patriotic,
or social association or organization, a cooperative or a corporation without
capital stock, and is not organized primarily for the purpose of influencing
the nomination for election, or election, of any candidate for office covered
by Article 14 of the Election Law of the State of New York, or any ballot
proposal covered therein.
(i) Factors that
support a conclusion that a group is a Membership Organization for this purpose
shall include, but not be limited to the following:
(a) The group is composed of members, some or
all of whom are vested with the power or authority to administer the
organization pursuant to membership by-laws, constitution or other formal
organizational documents;
(b) There
are expressly stated qualifications for membership, including special
membership status such as "retired" or "lifetime" member;
(c) The group expressly solicits persons to
become members;
(d) Individuals pay
dues to be members of the group;
(e) The group acknowledges the acceptance of
membership, such as by issuing a membership card or sending confirming
correspondence;
(f) The group
distributes newsletters or other informational messages to its
members;
(g) The group has a
mission statement that is available for the members and the public to see;
and
(h) The group is not organized
primarily for the purpose of influencing the nomination for election, or
election, of any candidate for office or for the success or defeat of any
ballot proposal covered by Article 14 of the Election Law.
(7) Immediate Family means for the
purposes of this section, the spouse, child, parent, grandparent, brother,
half-brother, sister, half-sister of the candidate, and the spouses of such
persons. (EL 14-107(1)(f)).
(8)
Agent means for the purposes of this section, a person authorized by the
candidate or the candidate's authorized committee, who acts on behalf of or at
the direction of a candidate or the candidate's authorized committee; or a
party committee or constituted committee acting on behalf of a candidate; or a
person authorized by an independent expenditure committee who acts on behalf of
or at the direction of such committee. (EL 14-107(1)(g)).
(9) Independent Expenditure Committee means a
political committee, that makes only independent expenditures as defined in
Article 14 of the Election Law, and does not coordinate with a candidate,
candidate's authorized committees or an agent of the candidate as defined in
paragraph (g) of subdivision one of section
14-107 of the Election Law. For purposes
of this section, an independent expenditure committee may be created by a
person, group of persons, corporation, unincorporated business entity, labor
organization or business, trade or professional association, or organization,
or political committee. (EL 14-100(15)).
(10) Political Action Committee means a
political committee which makes no expenditures to aid or take part in the
election or defeat of a candidate, or to promote the success or defeat of a
ballot proposal, other than in the form of contributions, including in-kind
contributions, to candidates, candidate's authorized committees, party
committees, constituted committees, or independent expenditure committees
provided there is no common operational control between the political action
committee and the independent expenditure committee; or in the form of
communications that are not distributed to a general public audience as
described in subdivision thirteen of this section. (EL 14-100(16)). For
purposes of this paragraph, common operational control means that:
(i) the same individual or individuals
exercise actual and strategic control over the day-to-day affairs of both the
political action committee and the independent expenditure committee;
or
(ii) employees of the political
action committee and the independent expenditure committee engage in
communications related to the strategic operations of either
committee.
(11)
(i) Paid internet or digital advertisement
means any digitally displayed advertising paid for by an independent
expenditure committee that exists on or is transmitted via the
Internet.
(ii) A paid internet or
digital advertisement shall include, but not be limited to:
(a) display advertising;
(b) image, video, audio, or interactive media
advertisements;
(c) paid or
promoted content on social networking sites;
(d) search engine marketing;
(e) native advertising; and
(f) sponsorships.
(iii) For purposes of this part,
advertisements that are purchased for broadcast from a radio or television
broadcaster; radio or television broadcast network; satellite system or
satellite network; or cable system cable system or cable network; and such
advertisements are also retransmitted on the Internet or through a web
application, shall not be considered a paid internet or digital advertisement,
provided that the advertisements otherwise comply with the requirements of
section
14-107 of the Election Law for satellite,
cable, radio, or television broadcast advertisements.
(12) An online platform means:
(i) a public-facing Internet Web site, web
application, web domain or digital application, including a social network or
search engine, which sells political advertisements and has 70,000,000 or more
unique monthly United States visitors or users for a majority of months during
the preceding 12 months as measured by an independent digital ratings service
accredited by the Media Ratings Council; or
(ii) any Third-Party Advertising Vendor that
has 30,000,000 or more unique monthly United States visitors in the aggregate
on any advertisement space that it has sold or bought for a majority of months
during the preceding 12 months as measured by an independent digital ratings
service accredited by the Media Ratings Council.
Any web site, web application, web domain or digital
application of a newspaper or periodical shall not be considered an online
platform, provided, however, that nothing in this paragraph shall exempt any
Third-Party Advertising Vendor from the requirement of collecting registration
forms pursuant to paragraph (i) of this section for advertising space on a
newspaper website that it bought or sold on behalf of a third-party. For
purposes of this paragraph, "newspaper" shall have the same meaning as found in
section
60 of the General Construction Law and
"periodical" shall have the same meaning as found in 20 NYCRR
528.6.
(13) A
Third-Party Advertising Vendor means: any third-party advertising vendor
network, advertising agency, advertiser or third-party advertisement serving
company that buys and sells advertisement space on behalf of unaffiliated third
party websites, search engines, digital applications, or social media sites. A
Third-Party Advertising Vendor may include, but is not limited to, an ad
network, an ad exchange, a demand side platform, or a supply side
platform.
(14) Foreign government
means:
(i) a government of a foreign country
or an official of the government of a foreign country, as defined by subsection
(e) of section 611 of Title 22 of the United States Code;
(ii) a foreign political party, as defined by
subsection (f) of section 611 of Title 22 of the United States Code;
or
(iii) a corporation principally
owned or controlled by the government of a foreign country or an official of
the government of a foreign country.
(15) Foreign instrumentality or agent
includes, but is not limited to, any entity in which:
(i) a foreign national or foreign owner
holds, owns, controls, or otherwise has directly or indirectly acquired
beneficial ownership of equity or voting shares equal to or greater than 5
percent of the total equity or voting shares;
(ii) two or more foreign nationals or foreign
owners hold, own, control, or otherwise have directly or indirectly acquired
beneficial ownership of equity or voting shares in an aggregate amount that is
equal to or greater than 20 percent of the total equity or outstanding voting
shares, but not including any ownership or equity interest owned through United
States mutual or pension funds; or
(iii) any foreign national or foreign owner
participates, directly or indirectly, in the process of corporate
decision-making regarding independent expenditures.
For purposes of this section, foreign owner means any entity
in which a foreign national, holds, owns, controls, or otherwise has directly
or indirectly acquired beneficial ownership or equity of voting shares in an
amount equal to or greater than 50 percent of total equity or outstanding
voting shares, but not including any ownership or equity interest owned through
United States mutual or pension funds.
(c) Registration. Any person prior to making
any independent expenditure shall:
(1) first
register with the New York State Board of Elections ("the Board") as a
political committee and as an independent expenditure committee in conformance
with Article 14 of the Election Law; and
(2) comply with all disclosure obligations
required for political committees by law and regulation; and
(3) shall provide the following additional
information upon registration:
(i) An
Individual registering to make their own independent expenditures must provide
their name, address, occupation and employer.
(ii) An Entity registering to make
independent expenditures must provide the name and employer of any individual
who exerts operational or managerial influence or control over the entity, as
well as the name of any salaried employee of the entity. The disclosure
requires the name of at least one natural person.
(a) Additional Information for Certain
Individuals named in subparagraphs (i) and (ii) of this paragraph: Any
individuals identified in subparagraphs (i) or (ii) of this paragraph who have,
during the two-year period before registration, been employed or retained as a
political, media, or fundraising adviser or consultant for a candidate, any
entity directly controlled by a candidate, or any party committee or
constituted committee, or have held a formal position in the office of a
candidate's elected office, or any party committee or constituted committee,
and the name of the relevant employer, must be so reflected on the
registration.
(b) Identification of
immediate family members among the individuals named in subparagraphs (i),
(ii), and (ii)(a) of this paragraph: members of a candidate's immediate family
who are listed in subparagraphs (i), (ii) and (ii)(a) of this paragraph, must
be identified as such on the registration.
(c) Mandatory Update of Info with 24 Hours.
Any change in any of the information provided for pursuant to Election Law
section
14-107(3) must be
updated within 24 hours of any change in ownership or control of any registered
entity.
(4)
Notwithstanding any provision in this section to the contrary, no foreign
national, government, instrumentality or agent may register as an independent
expenditure committee for the purpose of making independent expenditures in any
state or local election.
(d) Filing Financial Disclosure Statements.
(1) Committees making independent
expenditures are obligated, as are all political committees, to file campaign
financial disclosure statements pursuant to and in the manner set forth in EL
14-102. For each election in which they support or oppose candidates or ballot
proposals, the committee must submit election reports (three primary, and three
general and/or special, as applicable), as well as campaign financial
disclosure periodic reports, due on January 15th and July 15th of each year in
accordance with EL 14-108, section
6200.2 of this Title (EL
14-107).
(2) All independent
expenditure committees are required to file applicable election reports for
each election unless the independent expenditure committee submits a fully
completed Notice of Non-Participation in Election(s) (CF-20), electronically or
by mail, as prescribed by the Board.
(3) Weekly Disclosure regarding Independent
Expenditures: any independent expenditure committee who has registered with the
State Board pursuant to EL 14-107(3), shall disclose to the State Board
electronically, once a week on Monday any contribution to such committee of
$1,000 or more or expenditures made by such committee over $5,000 or any paid
internet or digital advertisement over $500 made during the reporting period.
All contributions or expenditures that are required to be disclosed via a
weekly disclosure must also be disclosed on the next applicable financial
disclosure statement.
(4)
Independent Expenditures Committee 24 Hour Disclosure: any independent
expenditure committee who has registered with the State Board pursuant to EL
14-107(3) shall disclose to the State Board electronically, within 24 hours of
receipt, any contribution to such independent expenditure committee of $1,000
or more and expenditures made by such committee over $5,000, made within 30
days before any primary, general, or special election. (EL 14-107(4)). All
contributions or expenditures that are required to be disclosed via the
Independent Expenditure 24-hour notice must also be disclosed on the 11 day
pre-election financial disclosure statement or on the post-election financial
disclosure statement, as applicable.
(5) Every statement shall be filed
electronically with the State Board. (EL 14-107(6)).
(6) Any disclosure included in a 24 hour
disclosure need not be duplicated on the corresponding Weekly
disclosure.
(e)
Additional Information Required Regarding Independent Expenditures.
(1) The Weekly and 24 Hour Disclosures
required by EL 14-107, shall include, in addition to any other information
required by law:
(i) the name, address,
occupation and employer of the person making the statement;
(ii) For Each Contribution Received: the
name, address, occupation and employer of any person providing a contribution,
gift, loan, advance or deposit of $1,000 or more for the Independent
Expenditure, or the provision of services for the same, and the date it was
given;
(iii) For Each Expenditure
or Payment Made:
(a) the dollar amount paid
for each independent expenditure, the name and address of the person or entity
receiving the payment, the date the payment was made and a description of the
Independent Expenditure; and
(b)
the election to which the Independent Expenditure pertains and the name of the
clearly identified candidate or the ballot proposal referenced and whether the
candidate or ballot proposal is supported or opposed; and
(c) a list of all expenditures made by and
liabilities incurred for services rendered during the relevant reporting
period. (EL 14-107(4)).
(2) The provisions of this regulation do not
effect the application or validity of Election Law 14-120.
(f)
(1)
Attributions and Identification of Independent Expenditures. Whenever any
person makes an Independent Expenditure, such communication shall 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. (EL
14-107(2)).
(2) A paid internet or
digital advertisement shall comply with the following:
(i) A paid internet or digital advertisement
with text or graphic components must contain an attribution that is of
sufficient type size to be clearly readable by the recipient or viewer of the
communication. An attribution under this paragraph must be displayed with a
reasonable degree of color contrast between the background and the text of the
disclaimer.
(ii) A paid internet or
digital advertisement with text or graphic components but without any video or
audio component that, due to external character or space constraints, cannot
fit a required attribution must include an adapted attribution. For purposes of
this paragraph, an adapted attribution means an abbreviated attribution on the
face of a communication in conjunction with an indicator through which a reader
can locate the full attribution required by paragraph g of this section. The
adapted attribution must indicate the person or persons who paid for the
expenditure in letters of sufficient size to be clearly readable by a recipient
of the communication. The technological mechanism for an adapted attribution
must be associated with the indicator and must allow a recipient of the
communication to locate the full attribution by navigating no more than one
step away from the adapted attribution and without receiving or viewing any
additional material other than the full attribution required by this
section.
(iii) An attribution is
not clearly readable if it is not clear and conspicuous if it is difficult to
see or read, or the placement is easily overlooked.
(iv) A paid internet or digital advertisement
with an audio and/or video component must include a full attribution included
in such video or audio component.
(g) The state shall maintain and make
available online for public inspection, in addition to all other information
required by this Part, a complete record of paid internet or digital
advertisements filed by independent expenditure committees, in a machine
readable format. Such record shall include the registration information
required by Election Law §
14-107(3) (a) and (b)
and a digital copy of such paid internet or digital advertisement.
(h) Prohibited Spending by Independent
Expenditure Committees and Political Action Committees.
(1) IE Committees prohibited from making
contributions: An independent expenditure committee shall not contribute to any
candidate, constituted committee, political committee, or party
committee.
(2)
(i) PACS prohibited from making IE's, or
contributions to IE committees with "common operational control" as the PAC: A
political action committee shall not make any independent expenditures and may
only make contributions to any independent expenditure committee if such
committee does not have common operational control. For purposes of this
paragraph, common operational control means that:
(a) the same individual or individuals
exercise actual and strategic control over the day-to-day affairs of both the
political action committee and the independent expenditure committee;
or
(b) employees of the political
action committee and the independent expenditure committee engage in
communications related to the strategic operations of either
committee.
(ii)
Candidates/their authorized committees, party/constituted committees prohibited
from contributing to IE committees that make beneficial expenditures regarding
the candidate or the candidate supported by the party/constituted committee: No
candidate, candidate's authorized committee, party committee, or constituted
committee shall contribute to an independent expenditure committee that is
making expenditures benefitting the candidate or the candidate supported by
such party or constituted committee.
(i) Independent Expenditure Verification.
Upon the purchase of a communication in the form of an
independent expenditure, each television or radio broadcast station, provider
of cable or satellite television, or online platform as defined in this Part
that interacts directly with the Independent Expenditure Committee purchasing
the communication shall require that the independent expenditure committee
making such purchase file with such station, or platform a copy of the
registration form filed by such independent expenditure committee with the
state board of elections pursuant to subdivision three of section 14-107 of
article fourteen of the election law. Upon the purchase of a communication
covered by this paragraph, the Independent Expenditure committee shall notify
the entity from which the purchase is being made that the purchaser is an
Independent Expenditure Committee and shall provide a copy of the independent
expenditure committee's registration documents that have been filed with the
State Board of Elections.
(j) Non-compliance.
(1) Any person who falsely identifies or
knowingly fails to identify any Independent Expenditure as required by
subdivision 2 of section 14-107, as outlined in subdivision (g) of this
section, shall be subject to a civil penalty up to $1,000 or up to the cost of
the communication, whichever is greater, in a special proceeding or civil
action brought by the State Board Chief Enforcement Counsel or imposed directly
by the State Board. 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. Such term does not include any party or
constituted committee that is required to file campaign finance disclosure
reports pursuant to the Election Law. (EL 14-126(3)).
(2) A knowing and willful violation of the
provisions of subdivisions (3) and (4) of EL 14-107 shall subject the person to
a civil penalty equal to $5,000 or the cost of the communication, whichever is
greater, in a special proceeding or civil action brought by the Board (EL
14-107(8)(b)).
(3) Any person who,
acting as or on behalf of an independent expenditure committee or a political
action committee, knowingly and willfully violates the provisions of EL
14-107-a (Prohibited Spending by IE Committees and PACS) of this article shall
be subject to a civil penalty, up to $1,000 or up to the cost of the
communication, whichever is greater, to be recoverable in a special proceeding
or civil action to be brought by the State Board of Elections.
(4) All criminal liability related to EL
14-107 shall require knowing and willful violations in accordance with EL
14-126. (EL 14-107(8)(a)).
(5) Any
online platform that fails to comply with the requirements of EL 14-107-b shall
be subject to a civil penalty up to one thousand dollars for each violation 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 EL
3-104.
(i) Prohibition. Notwithstanding any
provision of this section to the contrary, no foreign national, government,
instrumentality or agent may make an independent expenditure in any state or
local election campaign.