Proposed Int. No. 12-A
By The Speaker (Council Member Menin) and Council Members Avilés, Lee, Gutiérrez, Farías, Salaam, Abreu, Schulman, the Public Advocate (Mr. Williams), Louis, Brewer, Hudson, Ung, J. Sanchez and Morano
A Local Law to amend the New York city charter and the administrative code of the city of New York, in relation to requiring disclosure of digitally manipulated content in local elections
Be it enacted by the Council as follows:
Section 1. Paragraph 9 of subdivision a of section 1052 of chapter 46 of the New York city charter, as added by local law 88 for the year 1988, is amended to read as follows:
9. The board shall develop a computer [data base] database that shall contain all information necessary for the proper administration of this chapter including information on contributions to and expenditures by candidates and their authorized committees, information on provenance data as defined in subparagraph (a) of paragraph 15 of this subdivision, and distributions of moneys from the campaign finance funds. Such [data base] database shall be accessible to the public.
§ 2. Subparagraph (a) of paragraph 15 of subdivision a of section 1052 of chapter 46 of the New York city charter, as amended by local law 15 for the year 2013, is amended to read as follows:
(a) For purposes of this paragraph, the following terms [shall] have the following meanings:
[(i) "Independent expenditure" shall mean a monetary or in-kind expenditure made, or liability incurred, in support of or in opposition to a candidate in a covered election or municipal ballot proposal or referendum, where no candidate, nor any agent or political committee authorized by a candidate, has authorized, requested, suggested, fostered or cooperated in any such activity. The term "independent expenditure" shall not include:
(1) the value of services provided without compensation by individuals who volunteer a portion or all of their time,
(2) the use of real or personal property and the cost of invitations, food and beverages voluntarily provided by an individual, to the extent such services do not exceed five hundred dollars in value,
(3) the travel expenses of any individual who on his or her own behalf volunteers his or her personal services, to the extent such expenses are unreimbursed and do not exceed five hundred dollars in value,
(4) any expenditure made, or liability incurred, that is considered to be a contribution to a candidate under any provision of this charter or local law, or under any rule promulgated by the board, and
(5) any communication by a labor or other membership organization aimed at its members, or by a corporation aimed at its stockholders. This exemption does not apply to party committees, constituted committees, political clubs, or other entities organized primarily for the purpose of influencing elections. For purposes of this subparagraph:
(A) "member" shall mean (I) any individual who, pursuant to a specific provision of an organization's articles or bylaws, has the right to vote directly or indirectly for the election of a director or directors or an officer or officers or on a disposition of all or substantially all of the assets of the organization or on a merger or on a dissolution; (II) any individual who is designated in the articles or bylaws as a member and, pursuant to a specific provision of an organization's articles or bylaws, has the right to vote on changes to the articles or bylaws, or pays or has paid membership dues in an amount predetermined by the organization so long as the organization is tax exempt under section 501(c) of the Internal Revenue Code of 1986; or (III) any individual who resides within the same household as a "member" as defined in this paragraph;
(B) members of a local union shall be considered to be members of any national or international union of which the local union is a part and of any federation with which the local, national or international union is affiliated; and
(C) "stockholder" shall mean any individual who has a vested beneficial interest in stock, has the power to direct how that stock shall be voted, if it is voting stock, and has the right to receive dividends, or any individual who resides within the same household as a "stockholder" as defined in this paragraph.
(6) any de minimis, incidental communication by a labor or other membership organization or corporation with non-members or non-stockholders, provided that the labor or other membership organization or corporation uses reasonable efforts to restrict the communication to its members or stockholders.
(ii) "Entity" shall mean any corporation, limited liability company, partnership, limited liability partnership, political committee, political party or party committee, employee organization or labor organization, association, club, or other organization.
(iii) "Covered election" shall mean any primary, run-off primary, special, run-off special or general election for nomination for election, or election, to the office of mayor, public advocate, comptroller, borough president or member of the city council.]
Covered election. The term “covered election” means any primary, run-off primary, special, run-off special or general election for nomination for election, or election, to the office of mayor, public advocate, comptroller, borough president or member of the city council.
Entity. The term “entity” means any corporation, limited liability company, partnership, limited liability partnership, political committee, political party or party committee, employee organization or labor organization, association, club, or other organization.
Independent expenditure. The term “independent expenditure” means a monetary or in-kind expenditure made, or liability incurred, in support of or in opposition to a candidate in a covered election or municipal ballot proposal or referendum, where no candidate, nor any agent or political committee authorized by a candidate, has authorized, requested, suggested, fostered or cooperated in any such activity. The term "independent expenditure" does not include:
(1) the value of services provided without compensation by individuals who volunteer a portion or all of their time;
(2) the use of real or personal property and the cost of invitations, food and beverages voluntarily provided by an individual, to the extent such services do not exceed five hundred dollars in value;
(3) the travel expenses of any individual who on his or her own behalf volunteers his or her personal services, to the extent such expenses are unreimbursed and do not exceed five hundred dollars in value;
(4) any expenditure made, or liability incurred, that is considered to be a contribution to a candidate under any provision of this charter or local law, or under any rule promulgated by the board;
(5) any communication by a labor or other membership organization aimed at its members, or by a corporation aimed at its stockholders. This exemption does not apply to party committees, constituted committees, political clubs, or other entities organized primarily for the purpose of influencing elections. For purposes of this subparagraph members of a local union shall be considered to be members of any national or international union of which the local union is a part and of any federation with which the local, national, or international union is affiliated; and
(6) any de minimis, incidental communication by a labor or other membership organization or corporation with non-members or non-stockholders, provided that the labor or other membership organization or corporation uses reasonable efforts to restrict the communication to its members or stockholders.
Member. The term “member" means (I) any individual who, pursuant to a specific provision of an organization's articles or bylaws, has the right to vote directly or indirectly for the election of a director or directors or an officer or officers or on a disposition of all or substantially all of the assets of the organization or on a merger or on a dissolution; (II) any individual who is designated in the articles or bylaws as a member and, pursuant to a specific provision of an organization's articles or bylaws, has the right to vote on changes to the articles or bylaws, or pays or has paid membership dues in an amount predetermined by the organization so long as the organization is tax exempt under section 501(c) of the Internal Revenue Code of 1986; or (III) any individual who resides within the same household as a "member" as defined in this paragraph.
Provenance data. The term “provenance data” has the same meaning as set forth in subdivision 1 of section 1550 of the general business law.
Stockholder. The term "stockholder" means any individual who has a vested beneficial interest in stock, has the power to direct how that stock shall be voted, if it is voting stock, and has the right to receive dividends, or any individual who resides within the same household as a "stockholder" as defined in this paragraph.
Synthetic content creations system. The term “synthetic content creations system” has the same meaning as set forth in subdivision 9 of section 1550 of the general business law.
§ 3. Paragraph 15 of subdivision a of section 1052 of chapter 46 of the New York city charter is amended by adding a new subparagraph (b-1) to read as follows:
(b-1) Any individual or entity that makes independent expenditures aggregating one thousand dollars or more, and which includes any literature, advertisement, or other communication in support of or in opposition to any candidate in any covered election, or in support of or in opposition to any municipal ballot proposal or referendum, that, in whole or in part, was generated or modified using a synthetic content creations system, shall:
(i) not remove any preexisting provenance data applied to such literature, advertisement, or other communication; and
(ii) report such provenance data related to such literature, advertisement, or other communication to the board or, if provenance data is not otherwise included with the communication, provide information regarding the synthetic content creations system used to generate or modify the communication, the date such communication was created, the specific portions of the communication generated or modified by a synthetic content creations system, and any other information required pursuant to board rules. The reporting individual or entity shall take reasonable steps to acquire any such information required to be reported pursuant to this clause or board rule.
§ 4. Section 3-702 of the administrative code of the city of New York is amended by adding new subdivisions 25 and 26 to read as follows:
25. The term “synthetic content creations system” has the same meaning as set forth in subdivision 9 of section 1550 of the general business law.
26. The term “provenance data” has the same meaning as set forth in subdivision 1 of section 1550 of the general business law.
§ 5. Subdivision 16 of section 3-703 of the administrative code of the city of New York is amended by adding a new paragraph (c) to read as follows:
(c) Whenever a participating, limited participating, or non-participating candidate, or the authorized or principal committee of such a candidate, makes, publishes, or publicly distributes in any manner any literature, advertisement, or other communication in support of or in opposition to any candidate in any covered election, or in support of or in opposition to any municipal ballot proposal or referendum, that, in whole or in part, was generated or modified using a synthetic content creations system, such candidate or candidate’s authorized or principal committee shall:
(i) not remove preexisting provenance data applied to such literature, advertisement, or other communication; and
(ii) report such provenance data related to such literature, advertisement, or other communication to the board or, if provenance data is not otherwise included with the communication, provide information regarding the synthetic content creations system used to generate or modify the communication, the date such communication was created, the specific portions of the communication generated or modified by a synthetic content creations system, and any other information required pursuant to board rules. The reporting candidate or committee shall take reasonable steps to acquire any such information required to be reported pursuant to this subparagraph or board rule.
§ 6. This local law takes effect 180 days after it becomes law.
DSS/JMF
LS #15037/15481/15764
Int. #0293-2024
6/4/2026 11:31 AM