N.Y. Elec. Law § 14-107

§ 14-107. Independent expenditure reporting. 1. For purposes of this\narticle:\n (a) "Independent expenditure" means an expenditure made by a person\nconveyed to five hundred or more members of a general public audience in\nthe form of (i) an audio or video communication via broadcast, cable or\nsatellite, (ii) a written communication via advertisements, pamphlets,\ncirculars, flyers, brochures, letterheads or (iii) other published\nstatements which: (i) irrespective of when such communication is made,\ncontains words such as "vote," "oppose," "support," "elect," "defeat,"\nor "reject," which call for the election or defeat of the clearly\nidentified candidate, or (ii) refers to and advocates for or against a\nclearly identified candidate or ballot proposal on or after January\nfirst of the year of the election in which such candidate is seeking\noffice or such proposal shall appear on the ballot. An independent\nexpenditure shall not include communications where such candidate, the\ncandidate's political committee or its agents, or a political committee\nformed to promote the success or defeat of a ballot proposal or its\nagents, did authorize, request, suggest, foster or cooperate in such\ncommunication.\n (b) Independent expenditures do not include expenditures in connection\nwith:\n (i) a written news story, commentary, or editorial or a news story,\ncommentary, or editorial distributed through the facilities of any\nbroadcasting station, cable or satellite unless such publication or\nfacilities are owned or controlled by any political party, political\ncommittee or candidate; or\n (ii) a communication that constitutes a candidate debate or forum; or\n (iii) internal communication by members to other members of a\nmembership organization of not more than five hundred members, for the\npurpose of supporting or opposing a candidate or candidates for elective\noffice, provided such expenditures are not used for the costs of\ncampaign material or communications used in connection with\nbroadcasting, telecasting, newspapers, magazines, or other periodical\npublication, billboards, or similar types of general public\ncommunications; or\n (iv) a communication published on the Internet, unless the\ncommunication is a paid advertisement.\n (c) For purposes of this section, the term "person" shall mean person,\ngroup of persons, corporation, unincorporated business entity, labor\norganization or business, trade or professional association or\norganization, or political committee.\n 2. Whenever any person makes an independent expenditure that costs\nmore than one thousand dollars in the aggregate, such communication\nshall clearly state the name of the person who paid for, or otherwise\npublished or distributed the communication and state, with respect to\ncommunications regarding candidates, that the communication was not\nexpressly authorized or requested by any candidate, or by any\ncandidate's political committee or any of its agents.\n 3. (a) Any person prior to making any independent expenditure shall\nfirst register with the state board of elections as a political\ncommittee in conformance with this article. Such person shall comply\nwith all disclosure obligations required for political committees by\nlaw.\n (b) Any person who has registered with the state board of elections\npursuant to paragraph (a) of this subdivision shall disclose to the\nstate board of elections electronically, once a week on Friday any\ncontribution to such person over one thousand dollars or expenditures by\nsuch person over five thousand dollars made prior to thirty days before\nany primary, general, or special election.\n (c) Any person who has registered with the state board of elections\npursuant to paragraph (a) of this subdivision shall disclose to the\nstate board of elections electronically, within twenty-four hours of\nreceipt, any contribution to such person over one thousand dollars or\nexpenditure by such person over five thousand dollars made within thirty\ndays before any primary, general, or special election.\n (d) A knowing and willful violation of the provisions of this\nsubdivision shall subject the person to a civil penalty equal to five\nthousand dollars or the cost of the communication, whichever is greater,\nin a special proceeding or civil action brought by the board or imposed\ndirectly by the board of elections.\n 4. The disclosures required by subdivision three of this section shall\ninclude, in addition to any other information required by law:\n (a) the name, address, occupation and employer of the person making\nthe statement;\n (b) the name, address, occupation and employer of the person making\nthe independent expenditure;\n (c) the name, address, occupation and employer of any person providing\na contribution, gift, loan, advance or deposit of one thousand dollars\nor more for the independent expenditure, or the provision of services\nfor the same, and the date it was given;\n (d) the dollar amount paid for each independent expenditure, the name\nand address of the person or entity receiving the payment, the date the\npayment was made and a description of the independent expenditure; and\n (e) the election to which the independent expenditure pertains and the\nname of the clearly identified candidate or the ballot proposal\nreferenced.\n 5. A copy of all political communications paid for by the independent\nexpenditure, including but not limited to broadcast, cable or satellite\nschedules and scripts, advertisements, pamphlets, circulars, flyers,\nbrochures, letterheads and other printed matter and statements or\ninformation conveyed to one thousand or more members of a general public\naudience by computer or other electronic devices shall be filed with the\nstate board of elections with the statements required by this section.\n 6. Every statement required to be filed pursuant to this section shall\nbe filed electronically with the state board of elections.\n 7. The state board of elections shall promulgate regulations with\nrespect to the statements required to be filed by this section and shall\nprovide forms suitable for such statements.\n