State BOE Proposes Rules on Independent Expenditures

At its January 12 meeting, the State Board of Elections (SBOE) proposed draft regulations on independent expenditures, as required by the Public Integrity Reform Act of 2011.

The SBOE’s proposed rules would require those making independent expenditures to register a committee with SBOE and/or a local board of elections, as appropriate, or with a village clerk, through which the activity must be reported.

They define “independent expenditures” as expenditures made in support or opposition of a candidate that “expressly advocate” for the election or defeat of a candidate “and that the candidate or his/her agents or authorized political committee(s) did not authorize, request, suggest, foster or cooperate with in any way.”

The draft rules incorporate the definition of “express advocacy” from the U.S. Supreme Court’s decision in Buckley v. Valeo [424 U. S. 1 (1976)]:  “a communication that contains express words such as vote, oppose, support, elect, defeat, or reject, which call for the election or defeat of a candidate.”

Comments on the draft rules can be submitted via e-mail to [email protected].

It’s not clear from the SBOE’s web site whether they intend to hold any public hearings on the proposal, or the final date for the submission of comments by the public.  The notice of proposed rulemaking, which should appear in this week’s NYS Register, will probably answer those questions.

It is also worth noting that New York City Campaign Finance Board is considering rules regarding independent expenditures as well. Read an explanation of what is being proposed the city’s proposal here.