Bill Text: NY S04733 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4733

                               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

        AN ACT to amend the election law, in relation to requiring campaigns and
          social media influencers to disclose when they share on  social  media
          that they are being paid by a campaign

          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 the campaign  or  individ-
     8  uals  being  paid  by  the campaign, print and other types of advertise-
     9  ments, pamphlets, circulars, flyers, brochures,  letterheads  and  other
    10  printed matter purchased or produced, and reproductions of statements or
    11  information  published  to  five  hundred  or  more members of a general
    12  public audience by computer or other electronic device including but not
    13  limited to electronic mail or text message, purchased in connection with
    14  such election by or under the authority of the person filing the  state-
    15  ment  or the committee or the person on whose behalf it is filed, as the
    16  case may be. Such copies, schedules and scripts shall  be  preserved  by
    17  the officer with whom or the board with which it is required to be filed
    18  for a period of one year 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-
    21  tical  committee  which made the expenditure for such political communi-
    22  cation. The disclosure on printed or digital  political  communications,
    23  including  but  not  limited to brochures, flyers, posters, mailings, or
    24  internet advertising, including social media posts made by the  campaign

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09268-01-3
        S. 4733                             2

     1  or  individuals being paid by the campaign, shall be printed or typed in
     2  an appropriate legible form to read as follows: "Paid for by:"  followed
     3  by  the  name  of  the  political  committee making the expenditure. The
     4  disclosure  on  non-printed  or  digital  political communications shall
     5  clearly and prominently display and/or speak  the  following  statement:
     6  "Paid  for  by:"  followed by the name of the political committee making
     7  the expenditure. In the case of a political communication  that  is  not
     8  visual, such as radio or automated telephone calls, clearly speaking the
     9  statement will satisfy the requirements of this section.
    10    3.  Political  communications  that  are  considered promotional items
    11  which support a particular candidate, election, ballot measure or  issue
    12  and  limit  the  content  of communication to the name, office and brief
    13  message of support, shall be exempt from the provisions  of  subdivision
    14  two  of this section. Promotional items shall be items that are of nomi-
    15  nal value and are distributed to the general  public  in  an  effort  to
    16  promote  a  particular  candidate,  election,  ballot  measure  or issue
    17  including but not limited to pens, bumper stickers, yard signs, buttons,
    18  shirts, bags or balloons.
    19    4. Political communication that  is  considered  digital  media  which
    20  advertises for a particular candidate, election, ballot measure or issue
    21  which  limits the content of communication to the name, office and brief
    22  message shall not be subject to the provisions  of  subdivision  two  of
    23  this  section  if  such digital media is unable to contain the "paid for
    24  by" statement due to its small size  and  contains  a  link  to  another
    25  webpage  where  the  "paid  for  by" statement is prominently displayed.
    26  Social media posts made on behalf of a particular  candidate,  election,
    27  ballot  measure or other issue shall not be exempted from the provisions
    28  of this section.
    29    § 2.  This act shall take effect on the ninetieth day after  it  shall
    30  have become a law.