Friday, December 28, 2012

NY Election Law Suggested Changes

New York Assembly Speaker Sheldon Silver introduced legislation Thursday that would allow New Yorkers to vote up to two weeks before Election Day and force greater disclosure of the money behind political advertising.

The first bill, co-sponsored by Staten Island Assemblyman Mike Cusick, a Democrat who chairs the Election Law Committee, would require each county to have at least five sites for early voting and open them each of the 14 days leading up to the November election.

The hope is to boost voter turnout. Currently, New Yorkers can only vote in person from 6 a.m. to 9 p.m. on Election Day, or by filling out an absentee ballot if they have a reasonable belief they'll be unable to get the polls. Thirty-two other states, including Florida and Ohio, have some form of early voting.

The second measure would force disclosure of the funding sources behind political ads and vote-getting efforts not coordinated with a candidate. These so-called "independent expenditure" campaigns are a growing force in New York elections: The New York State United Teachers union spent over $4 million to boost mostly Democratic candidates in 2012, and two downstate Super PACs spent over $500,000 supporting Duanesburg Democrat Cecilia Tkaczyk's bid for state Senate.

Just before Election Day, the State Board of Elections ruled that this spending only needs to be disclosed if it contains "magic words" that clearly direct voters to support or oppose a candidate. This standard did prompt disclosure by NYSUT and the pro-Tkaczyk PACs, but it is looser than definitions governing federal campaigns and elections in New York City.

Silver's bill would set the definition for state races more broadly, so that any campaign that is the "functional equivalent" of direct advocacy is required to disclose its spending and major donors.

"People are taking notice how much is being spent on independent expenditures," Silver said. "People are thinking it's the way to impact elections and avoid caps on donations. With the money that's being spent, it's important for voters to know who's behind those campaign messages."










NYC Wins When Everyone Can Vote!

Michael H. Drucker
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