BILL NUMBER: S8445
SPONSOR: FAHY
 
TITLE OF BILL:
An act to amend the election law, in relation to requiring disclosure of
major contributors on independent expenditure communications
 
PURPOSE:
To require that independent expenditures list major contributors on all
communications
 
SUMMARY OF PROVISIONS:
Section 1. Amends Election Law § 14-107 by adding a new subdivision 5,
requiring independent expenditure communications to include a disclaimer
identifying the payer of the communication and a list of the top three
contributors who gave over $1,000 in the preceding 12 months.
Section 2. Creates a new § 14-107-a, establishing rules for donor attri-
bution and clarifying how "top contributors" are to be calculated and
reported.
Section 3. Contains severability language.
Section 4. Sets the effective date and directs the State Board of
Elections to adopt rules for implementation.
 
JUSTIFICATION:
The rise of independent expenditures-often funded by opaque "dark money"
groups-has diminished public trust in the democratic process. Voters
deserve to know who is behind the political ads they see and the mailers
they receive, especially when those communications attempt to influence
elections outside of candidate coordination. Under current New York
State law, independent spenders must disclose large donors to the State
Board of Elections. However, there is no requirement that those donors
be disclosed directly on communications like mailers, digital ads, or
robocalls. This limits the effectiveness of disclosure laws, as most
voters never consult the BOE database.
In contrast, New York City requires IE groups to list their top three
contributors directly on their communications, a simple, commonsense
transparency measure that ensures voters are informed the moment they
are being influenced.
This bill would adopt that standard statewide, ensuring uniformity,
fairness, and accountability in political advertising throughout New
York.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
Minimal. The bill relies on existing BOE disclosure infrastructure, with
modest rulemaking and enforcement updates required.
 
EFFECTIVE DATE:
This act shall take effect on the first of January following its enact-
ment. The State Board of Elections shall adopt rules and guidelines
within 180 days.

Statutes affected:
S8445: 14-107 election law