Int. No.
By Council Members Wong, Carr, 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 campaign finance disclosures in content posted on internet websites, digital applications, and social media platforms, and directing the campaign finance board to issue guidance regarding the disclosure, recordkeeping, and reporting requirements applicable to such content
Be it enacted by the Council as follows:
Section 1. Subparagraph (c) of paragraph 15 of subdivision a of section 1052 of the New York city charter, as amended by local law number 22 for the year 2023, is amended to read as follows:
(c) Any literature, advertisement, content posted on an internet website, digital application, or social media platform, 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 is paid for by an individual or entity making independent expenditures aggregating [one thousand dollars] $1,000 or more shall, in addition to any applicable disclosure requirements in state law, disclose information as follows:
(i) on any [written, typed, or printed communication, or on any internet text or graphical advertisement,] text or graphical communication, written in a conspicuous size and style, the words “Paid for by” followed by the name of the individual or the name of the entity, the name of its owner, if any, and the name of its chief executive officer or equivalent, if any, and, following the words “Top Three Donors,” a list of the [three] 3 largest aggregate donors to such entity in the [twelve] 12 months preceding the election, except that no donor that contributed less than [five thousand dollars] $5,000 to the disclosing entity in the [twelve] 12 months preceding the election shall be included in such disclosure, and except that if such entity has only [one] 1 or [two] 2 donors that contributed at least [five thousand dollars] $5,000 the words “Top Three Donors” shall be replaced by the words “Top Donor” or “Top Donors” as applicable, and except that expenditures funded by an individual or where no such donors exist need not include the words “Top Three Donors” or a list of donors, and except that this clause shall not apply to communications required to include a disclosure pursuant to subdivision [sixteen] 16 of section 3-703 of the administrative code. If the third largest donor to the disclosing entity has donated the same amount in the [twelve] 12 months preceding the election as the fourth largest donor during such period, such entity may choose which [three] 3 donors to include so long as no donor is included that has donated less in the [twelve] 12 months preceding the election than any other donor that is not included. Such written disclosures shall further include, in a conspicuous size and style, the following words: “More information at nyc.gov/FollowTheMoney.” The board may, at its discretion, designate a website other than nyc.gov/FollowTheMoney as the website that must be included in such disclosure. All disclosures required by this clause shall be enclosed in a box within the borders of the communication [or advertisement] that contains only those disclosures required by this subparagraph, the rules of the board, the election law, or any other applicable law or rule[.]; except that, if such written disclosures cannot be made in a conspicuous size and style on a text or graphical communication posted on a social media platform, then such disclosures may be included in the caption of the post, where applicable. For the purposes of this clause, the “owner” of an entity shall be an individual or entity with a greater than [fifty] 50 percent ownership interest in such entity. The disclosures required by this clause shall not apply to bumper stickers, pins, buttons, pens, and similar small items upon which such disclosures cannot be reasonably printed;
(ii) on any [paid television advertisement or paid internet video advertisement] video communication, clearly spoken in a pitch and tone substantially similar to the rest of the [advertisement] communication, at the beginning or end of the [advertisement] communication, the words “paid for by” followed by the name of the individual or the name of the entity, and, in a conspicuous size and style simultaneous with such spoken disclosure, the written words “Paid for by” followed by the name of the individual or the name of the entity, followed by the words “The top three donors to the organization responsible for this [advertisement] message are,” followed by a list of the [three] 3 largest aggregate donors to such entity in the [twelve] 12 months preceding the election, except that no donor that contributed less than [five thousand dollars] $5,000 to the disclosing entity in the [twelve] 12 months preceding the election shall be included in such disclosure, and except that if such entity has only [one] 1 or [two] 2 donors that contributed at least [five thousand dollars] $5,000 the words “top three donors” shall be replaced by the words “top donor” or “top donors” as applicable, and except that expenditures funded by an individual or where no such donors exist need not include the words “The top three donors to the organization responsible for this [advertisement] message are” or a list of donors, and except that this clause shall not apply to communications required to include a disclosure pursuant to subdivision [sixteen] 16 of section 3-703 of the administrative code. If the third largest donor to the disclosing entity has donated the same amount in the [twelve] 12 months preceding the election as the fourth largest donor during such period, such entity may choose which [three] 3 donors to include so long as no donor is included that has donated less in the [twelve] 12 months preceding the election than any other donor that is not included. Such written disclosures shall further include, in a conspicuous size and style, the following words: “More information at nyc.gov/FollowTheMoney.” The board may, at its discretion, designate a website other than nyc.gov/FollowTheMoney as the website that must be included in such disclosure. All written disclosures required by this clause shall be enclosed in a box that contains only those disclosures required by this subparagraph, the rules of the board, the election law, or any other applicable law or rule;
(iii) in any [paid radio advertisement, paid internet audio advertisement, or automated telephone call] audio communication other than a non-automated telephone call, clearly spoken in a pitch and tone substantially similar to the rest of the [advertisement or call] communication, at the beginning or end of the [advertisement or call] communication, the words "paid for by" followed by the name of the individual or the name of the entity, followed by the words "with funding provided by," followed by a list of the [three] 3 largest aggregate donors to such entity in the [twelve] 12 months preceding the election, except that no donor that contributed less than [five thousand dollars] $5,000 to the disclosing entity in the [twelve] 12 months preceding the election shall be included in such disclosure, and except that expenditures funded by an individual or where no such donors exist need not include the words "with funding provided by" or a list of donors, and except that this clause shall not apply to communications required to include a disclosure pursuant to subdivision [sixteen] 16 of section 3-703 of the administrative code. If the third largest donor to the disclosing entity has donated the same amount in the [twelve] 12 months preceding the election as the fourth largest donor during such period, such entity may choose which [three] 3 donors to include so long as no donor is included that has donated less in the [twelve] 12 months preceding the election than any other donor that is not included. In the case of [a radio or internet] an audio [advertisement] communication covered by this clause that is [thirty] 30 seconds in duration or shorter, the clearly spoken words "more information at nyc.gov/FollowTheMoney" may be included in a pitch and tone substantially similar to the rest of the [advertisement] communication, instead of the words "with funding provided by" followed by a list of the [three] 3 largest aggregate donors in the [twelve] 12 months preceding the election. The board may, at its discretion, designate a website other than nyc.gov/FollowTheMoney as the website that must be included in such disclosure; and
(iv) in any non-automated telephone call, clearly spoken during any such call lasting longer than [ten] 10 seconds, the words "this call is paid for by," followed by the name of the individual or the name of the entity, followed by the words "more information is available at nyc.gov/FollowTheMoney." The board may, at its discretion, designate a website other than nyc.gov/FollowTheMoney as the website that must be included in such disclosure.
(v) For communications primarily in languages other than English for which disclosure is required under this subparagraph, such disclosure shall be in the primary language of the communication instead of English, except that the web address nyc.gov/FollowTheMoney, or such other website as the board has designated, if required to be written or spoken in such disclosure, shall be in English.
§ 2. Subdivision 16 of section 3-703 of the administrative code of the city of New York, as added by local law number 40 for the year 2014, is amended to read as follows:
16. (a) Whenever the authorized or principal committee of any participating, limited participating, or non-participating candidate pays for any literature, advertisement, content posted on an internet website, digital application, or social media platform, or other communication, such communication shall disclose that the communication has been paid for by such candidate or committee.
(b) Whenever a participating, limited participating, or non-participating candidate, or the authorized or principal committee of such a candidate, authorizes any individual or entity other than such participating, limited participating, or non-participating candidate, or the authorized or principal committee of such a candidate, to pay for any literature, advertisement, content posted on an internet website, digital application, or social media platform, or other communication in support of or in opposition to any candidate in any covered election, such communication shall disclose that the communication has been authorized by such candidate or committee.
§ 3. The campaign finance board shall issue guidance regarding how the disclosure, recordkeeping, and reporting requirements of the New York city campaign finance act, section 1052 of the New York city charter, and the rules promulgated by the campaign finance board, apply to expenditures for content posted on internet websites, digital applications, and social media platforms, including content posted by paid third parties. Such guidance shall include information applicable to participating, limited participating, and non-participating candidates and their authorized and principal committees, and to individuals and entities making independent expenditures.
§ 4. This local law takes effect immediately.
JPA
LS #6384
9/11/26