NY Exec L § 109 (2021)
2021 New York Laws EXC - Executive Article 6 - Department of State 109 - Registration of Certain Service Providers.

§  109.  Registration of certain service providers. 1. For purposes of this section:  (a) "Client" shall mean a  person  or  entity  who  in  the  preceding calendar  year  retained  or  hired the political consultant relating to matters before any  state  or  local  government  agency,  authority  or official,  including  services,  advice  or consultation relating to any state or local government contract for real property, goods or services, an appearance in a ratemaking proceeding, an appearance in a  regulatory matter,  or  an  appearance  in  a legislative matter other than matters described in subparagraph (E) of the second  undesignated  paragraph  of subdivision (c) of section one-c of the legislative law.  (b)  "Political consulting services" shall mean services provided by a political consultant to or on behalf of an elected  public  official  in New  York  state or to or on behalf of a candidate for elected office in New York state, or to or on behalf of a  person  nominated  for  elected public  office which services: (1) assist or are intended to assist in a campaign for nomination for election or election to office in  New  York state, including fundraising activities, voter outreach, composition and distribution of promotional literature, advertisements, or other similar communications,  as  set forth in section 14-106 of the election law, or (2) consist of  political  advice  to  an  elected  public  official  or candidate  for  elected  public  office  in  New  York  state  or person nominated for elected public office; provided, however,  that  political consulting  services  shall  not  include  bona fide legal work directly related to litigation or legal advice with regard to securing a place on the ballot, the petitioning process, the  conduct  of  an  election,  or which involves the election law.  (c)  "Political  consultant"  shall mean a person who holds himself or herself out to persons in this state as a person who performs  political consulting  services  in  a  professional  capacity  and  who is usually compensated, excluding reimbursement for expenses, for such services.   2. The secretary of  state  shall  promulgate  rules  and  regulations prescribing  a  registration form to be used by any political consultant who provides political consulting services to a sitting  elected  public official,  candidate  for  elected public office or person nominated for elected public office and who has also been retained  by  a  client  for such services.   3. Such registration form shall identify:  (a)   the  name,  address,  and  telephone  number  of  the  political consultant;  (b) the name, address, and telephone number of  each  sitting  elected public  official,  candidate  for  elected  public  office,  and  person nominated  for  elected  public  office  who  the  political  consultant provided political consulting services to;  (c) the name, address, and telephone number of each client who retains or hires a political consultant in the preceding calendar year provided, that  in  the event the client is an entity, at least one natural person who has a controlling interest in such entity shall be identified; and  (d) a brief description of the  nature  of  the  political  consulting services provided to each identified client.   4.  Such  registration shall be filed with the department of state and shall cover a six month reporting period.  The  reporting  period  shall mean  the six month period within a calendar year starting January first and ending June thirtieth or the six month period within a calendar year starting July first and ending December thirty-first.   5. The secretary of state  shall  post  the  completed  forms  on  the department  of  state's  website within thirty days of the close of each reporting period.    6. The department of state may impose a civil penalty of up  to  seven hundred  fifty dollars upon any political consultant who fails to file a registration required  by  this  section  provided,  however,  that  the secretary   shall   provide   such  political  consultant  a  reasonable opportunity to cure such a failure.   7.  The  department  of state shall adopt, amend and rescind rules and regulations defining the  degree  and  extent  of  political  consulting services necessary to require the reporting pursuant to this section.