SBOE‘s New Page on Independent Expenditure Reporting

The State Board of Elections (SBOE) has put up a new web page in preparation for implementation of the recently-enacted budget provisions relating to independent expenditure reporting. As of this writing, the only information available on the page is a link to the text of the newly-enacted language.

The new law applies to communications that target the general public, include a “clearly identified candidate,” and includes “magic words” (such as “vote,” “elect,” “support,” “oppose,” “defeat” or “reject”) that call for the election or defeat of the candidate or a ballot proposal.

The provision, Chapter 55, Part H, Subpart C, adds a new Election Law § 14-107. It provides that any person or entity that makes an independent expenditure of more than $1,000 must first register with the State Board of Elections; their “communication” must clearly identify who paid for it; and the communication must also state that it was not authorized or requested by any candidate or political party.

The new language also requires weekly electronic disclosure to the SBOE of any contributions over $1,000 or expenditures over $5,000 made in the 30 days prior to the election, and disclosure within 24 hours within 30 days of the election.

This new independent expenditure reporting requirement goes far beyond any reporting requirements that exist in current law. They require the following information to be filed with SBOE:

– the name, address, occupation and employer of the person making the statement;
– the name, address, occupation and employer of the person making the independent expenditure;
– the name, address, occupation and employer of any person providing more than $1,000 for the independent expenditure;
– the amount paid for each independent expenditure, the name and address of the person or entity receiving the payment, the date the payment was made and a description of the independent expenditure; and
– the election to which the independent expenditure pertains and the name of the clearly identified candidate (or the ballot proposal) referenced.

The failure to properly identify who is making an independent expenditure as required is punishable by a civil penalty up to $1,000 or the cost of the communication, whichever is greater.

This new language takes effect on June 1st, but the SBOE is authorized to adopt implementing regulations before that date.