Bill Text: NY S04733 | 2023-2024 | General Assembly | Amended
Bill Title: Requires social media influencers to disclose when they share on social media that they are being paid by a campaign; authorizes the state board of elections to promulgate certain regulations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-24 - PRINT NUMBER 4733A [S04733 Detail]
Download: New_York-2023-S04733-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4733--A 2023-2024 Regular Sessions IN SENATE February 14, 2023 ___________ Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Elections -- recommitted to the Committee on Elections in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the election law, in relation to requiring social media influencers to disclose when they share on social media that they are being paid by a campaign; and authorizes the state board of elections to promulgate certain regulations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 14-106 of the election law, as amended by chapter 2 454 of the laws of 2019, is amended to read as follows: 3 § 14-106. Political communication. 1. The statements required to be 4 filed under the provisions of this article next succeeding a primary, 5 general or special election shall be accompanied by a copy of all broad- 6 cast, cable or satellite schedules and scripts, paid internet or 7 digital, including social media posts made by individuals being paid by 8 the campaign, print and other types of advertisements, pamphlets, circu- 9 lars, flyers, brochures, letterheads and other printed matter purchased 10 or produced, and reproductions of statements or information published to 11 five hundred or more members of a general public audience by computer or 12 other electronic device including but not limited to electronic mail or 13 text message, purchased in connection with such election by or under the 14 authority of the person filing the statement or the committee or the 15 person on whose behalf it is filed, as the case may be. Such copies, 16 schedules and scripts shall be preserved by the officer with whom or the 17 board with which it is required to be filed for a period of one year 18 from the date of filing thereof. 19 2. All political committees that make an expenditure for a political 20 communication shall be required to disclose the identity of the poli- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09268-04-4S. 4733--A 2 1 tical committee which made the expenditure for such political communi- 2 cation. The disclosure on printed or digital political communications, 3 including but not limited to brochures, flyers, posters, mailings, or 4 internet advertising, including social media posts made by individuals 5 being paid by the campaign, shall be printed or typed in an appropriate 6 legible form to read as follows: "Paid for by:" followed by the name of 7 the political committee making the expenditure. The disclosure on non- 8 printed or digital political communications shall clearly and prominent- 9 ly display and/or speak the following statement: "Paid for by:" 10 followed by the name of the political committee making the expenditure. 11 In the case of a political communication that is not visual, such as 12 radio or automated telephone calls, clearly speaking the statement will 13 satisfy the requirements of this section. 14 3. Political communications that are considered promotional items 15 which support a particular candidate, election, ballot measure or issue 16 and limit the content of communication to the name, office and brief 17 message of support, shall be exempt from the provisions of subdivision 18 two of this section. Promotional items shall be items that are of nomi- 19 nal value and are distributed to the general public in an effort to 20 promote a particular candidate, election, ballot measure or issue 21 including but not limited to pens, bumper stickers, yard signs, buttons, 22 shirts, bags or balloons. 23 4. Political communication that is considered digital media which 24 advertises for a particular candidate, election, ballot measure or issue 25 which limits the content of communication to the name, office and brief 26 message shall not be subject to the provisions of subdivision two of 27 this section if such digital media is unable to contain the "paid for 28 by" statement due to its small size and contains a link to another 29 webpage where the "paid for by" statement is prominently displayed. 30 Social media posts made on behalf of a particular candidate, election, 31 ballot measure or other issue shall not be exempted from the provisions 32 of this section. 33 5. The state board of elections is authorized to promulgate additional 34 regulations pertaining to the method of filing statements required to be 35 provided pursuant to this section. Such regulations shall be promulgated 36 within ninety days of the effective date of this subdivision. 37 § 2. This act shall take effect on the ninetieth day after it shall 38 have become a law.
