NY Elec L § 14-107 (2021)
2021 New York Laws ELN - Election Article 14 - Campaign Receipts and Expenditures; Public Financing Title 1 - Campaign Receipts and Expenditures 14-107 - Independent Expenditure Reporting.

§  14-107.  Independent expenditure reporting. 1. For purposes of this article:  (a)  "Independent  expenditure"  means  an  expenditure  made  by   an independent  expenditure  committee in the form of (i) an audio or video communication  via  broadcast,  cable  or  satellite,  (ii)  a   written communication   via   advertisements,   pamphlets,   circulars,  flyers, brochures, letterheads or (iii) other published statements,  where  such expenditure  is  conveyed  to  five hundred or more members of a general public audience, or  in  the  form  of  any  paid  internet  or  digital advertisement  targeted  to  fifty  or  more members of a general public audience, which: (i) 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,  (ii)  refers  to  and advocates for or against a clearly identified candidate or ballot  proposal  on  or  after  January first  of  the  year  of the election in which such candidate is seeking office or such proposal shall appear on  the  ballot,  or  (iii)  within sixty days before a general or special election for the office sought by the  candidate  or  thirty  days  before a primary election, includes or references a clearly identified candidate.  An  independent  expenditure shall  not  include 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.  (b) Independent expenditures do not include expenditures in connection with:  (i) 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  (ii) a communication that constitutes a candidate debate or forum; or  (iii)  internal  communication  by  members  to  other  members  of  a membership  organization  of not more than five hundred 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; or  (iv)  internal  communications  by  members  to  other  members  of  a membership  organization  of  not  more  than  five  hundred  members or communications  by  a  corporation  organized  for  charitable  purposes pursuant  to  §501(c)(3) of the internal revenue code, within sixty days before a general or special  election  for  the  office  sought  by  the candidate  or  thirty  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.  (v)  a  communication  published   on   the   Internet,   unless   the communication is a paid advertisement.  (c) An independent expenditure committee shall not include payments or expenditures  made  by a party or constituted committee that is required to file disclosure reports under this chapter.  (d)  Independent  expenditures   shall   not   include   payments   or expenditures  where  coordination  occurs in the creation, formation, or operation of the independent expenditure committee making the payment or expenditure.    Coordination shall include:  (i) 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.  (ii) 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.  (iii) 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.  (iv) 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.  (v) 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 paragraph shall not apply if the independent expenditure committee making the  payment  or  expenditure  obtains  the communication or materials from a publicly available source.  (vi)  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.  (vii)  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.  (viii) 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 subparagraph  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.  (ix) 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.  (e) The following shall not be coordination:  (i) A candidate's or a party or constituted committee's response to an inquiry  about  that  candidate's  or  party  or constituted committee's positions on legislative or policy issues.  (ii) A public communication in which a candidate is clearly identified only in his or her capacity as the owner or operator of a business  that existed  prior  to the candidacy is not a coordinated communication with respect to the clearly identified candidate if: (A) The medium,  timing, content,  and  geographic  distribution  of the public communication are consistent with public communications made prior to the  candidacy;  and (B)  The  public  communication  does  not  promote, support, attack, or oppose  that  candidate  or  another  candidate  in  their  capacity  as candidates who seeks the same office as that candidate.  (f)  For  purposes  of this section, the term "immediate family" means spouse, child, parent, grandparent, brother,  half-brother,  sister,  or half-sister of the candidate, and the spouses of such persons.  (g) For purposes of this section, "agent" means 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.   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; provided, however, that  paragraphs  three and four of section 14-106 of this article shall not apply to the disclosure requirements under this section.   3. Any person prior to making any independent expenditure shall  first register  with the state board of elections as a political committee and  as an independent expenditure committee in conformance with this article provided, however, that 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. Such person  shall  comply  with  all  disclosure  obligations required for political committees by law and shall provide the following additional information upon registration:  (a)  Where the person making the statement is an individual, the name, address, occupation and employer of the person.  (b) Where the person making the statement is an entity, the  name  and employer   of  any  individual  who  exerts  operational  or  managerial influence or control over the entity, as well as any  salaried  employee of  the entity. The disclosures required by this paragraph shall include the name of at least one natural person.  (c) Identification of individuals named in paragraphs (a) and  (b)  of this  subdivision  who  have,  during  the  two-year  period  before the statement is filed, 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.  (d) Identification of individuals named in paragraphs (a), (b) and (c) of this paragraph who are members of a candidate's immediate family.  (e)  The  information  provided  pursuant to this subdivision shall be updated within twenty-four hours of any change in ownership  or  control of any registered entity.   4.   (a)  Required  disclosures.  (i)  Any  independent  expenditure committee who has registered  pursuant  to  subdivision  three  of  this section  shall  disclose to the state board of elections electronically, once a week on Monday any contribution to such committee of one thousand dollars or more, any expenditures,  except  paid  internet  and  digital advertisements,  made  by such committee over five thousand dollars, and any independent expenditure in the form of a paid  internet  or  digital advertisement  over  five  hundred  dollars  made  during  the reporting period.  (ii) Any independent expenditure committee who has registered with the state board of elections pursuant to subdivision three of  this  section shall  disclose  to  the state board of elections electronically, within twenty-four hours, any  contribution  to  such  independent  expenditure committee  of  one  thousand dollars or more or expenditure made by such committee over five thousand dollars made within thirty days before  any primary, general, or special election.  (b)  The  disclosures  required  by  paragraph (a) of this subdivision 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 expenditure or payment made: (1) 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;  (2) 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  (3) A list of all expenditures made by and  liabilities  incurred  for services rendered during the relevant reporting period.  (iii) For each contribution received the name, address, occupation and employer  of any person providing a contribution, gift, loan, advance or deposit of one thousand dollars or more for the independent expenditure, or the provision of services for the same and the date it was given.   5.  A copy of all political communications paid for by the independent expenditure, including but not limited to broadcast, cable or  satellite schedules  and  scripts,  advertisements,  pamphlets, circulars, flyers, brochures, letterheads  and  other  printed  matter  and  statements  or information conveyed to one thousand or more members of a general public audience  by  computer or other electronic devices, and paid internet or digital advertisements, shall be filed with the state board of elections with the statements required by this section.   5-a. The state board of elections shall maintain  and  make  available online  for  public  inspection in a machine readable format, a complete record of any independent expenditure in the form of a paid internet  or digital  advertisement  required  to  be filed under subdivision five of this section. The record shall be maintained for a period no  less  than five  years  from  the  date of filing and contain a digital copy of the independent expenditure and the information provided on the registration form of the independent expenditure committee  making  such  expenditure pursuant to paragraphs (a) and (b) of subdivision three of this section. The  state board of elections shall promulgate rules necessary to comply with the provisions of this subdivision  which  shall  be  effective  no later  than  one  hundred  twenty  days after the effective date of this subdivision.   6. Every statement required to be filed pursuant to this section shall be filed electronically with the state board of elections.   7. The state board of  elections  shall  promulgate  regulations  with respect to the statements required to be filed by this section and shall provide forms suitable for such statements.   8.  (a)  All  criminal liability related to this section shall require knowing and willful violations in accordance with section 14-126 of this article.  (b) A knowing and willful violation of the provisions of  subdivisions three  and  four  of  this  section  shall subject the person to a civil penalty equal to five thousand dollars or the cost of the communication, whichever is greater, in a special proceeding or civil action brought by the board.