Independent Expenditure Reporting
New Campaign Finance Laws - 2018
Chapter 59 of the Laws of 2018 (Part JJJ) amended Article 14 of the Election Law to include new reporting requirements for Independent Expenditure committees, effective September 9.
Paid Internet and Digital Ads (PIDA)
Submitting Copies of Digital Independent Expenditure Ads
Copies of paid internet or digital ads (“PIDA”) targeted to 50 or more people must be submitted to the State Board of Elections at the same time AND IN ADDITION TO the applicable Weekly or 24 Hour Independent Expenditure Report.
Required copies for such Weekly Reports would include Independent Expenditures in the form of PIDAs over $500.
Required copies for such 24 Hour Reports would include Independent Expenditures in the form of PIDAs over $5,000.
Submitted copies of the ads must be in an accessible format that can be read with a screen reader, in compliance with the Americans with Disabilities Act. If the advertisement has a video or audio component, the committee must submit a script and reasonable description of any visual elements. The committee should not submit video or audio files to the State Board.
Required tracking information to be included in PIDA submission email:
- Election Year
- Office Type (State or Local Office)
- Election Type (Special, Primary, General)
- Date Paid / Date Liability incurred (if not yet paid)
- Vendor/payee name
- Communication Type (transcript of video ads, transcript of audio ads, screenshots of digital ads)
- Description (description of ad)
- File to Upload
Submitting Registration Forms to Television, Radio Broadcasters, Providers of Cable or Satellite Television and Online Platforms
Upon the purchase of a communication in the form of an independent expenditure “each television or radio broadcast station, provider of cable or satellite television, or online platform” shall require that the independent expenditure committee “making such purchase” file with such station, provider or platform “a copy of the registration form filed by such committee with the state board of elections.” This requirement applies to ALL independent expenditures purchased from these entities, including all television and radio spots, not just internet or digital advertisements. (See Election Law §14-107-b and (9 NYCRR § 6200.10(i))
24 Hour and Weekly disclosure of Independent Expenditures
When a contribution or loan of $1,000 or more is received within 30 days of the applicable election, such transaction must be electronically disclosed within 24 hours to the NYSBOE. When a contribution or loan of $1,000 or more is received or when an expenditure over $5,000 is made, outside of the 30 day - 24 hour disclosure provision, such transaction must be electronically disclosed on a weekly basis, on Monday, to NYSBOE.
NOTE: Effective September 9, 2018, new reporting thresholds for paid internet and digital ads go into effect for weekly reporting (see summary above), and also expenditures of more than $5,000 are added to the 24 hour reporting requirements.
All 24 hour and Weekly disclosures must be reported to NYSBOE on the next applicable election cycle or periodic report.