What does it apply to?
The New York State Board of Elections established new regulations to create public files of online political advertising with the Board. (N.Y. Elec. Law R. & Reg. tit. 9 § 6200.11 (New York State Board of Elections through Dec. 31, 2018)). The law applies to paid internet or digital advertisements made by political committees and independent expenditure committees. (§ 6200.11).
What are the disclaimer requirements?
Independent expenditures that are paid internet or digital advertisements must “state the name of the person who paid for” the ad and state that it “was not expressly authorized or requested by any candidate,” candidate committee, or candidate’s agent. (§ 6200.10(f)(1)). If the ad is not a video or audio statement, is a text or graphic, and the ad’s size prevents compliance with this disclaimer requirement, the ad must use an abbreviated disclaimer that clearly points readers to the full disclaimer. (§ 6200.10(f)(2)(ii)).
In November 2019, New York further amended their regulations of online political advertising. (A04668 N.Y. State Assemb., 2019-2020 Reg. Sess. (N.Y. 2019) (amending § 14-106)). Under the amended law, all political committees that pay for internet or digital advertisements must state the name of that committee using the language “Paid for by.” (A04668 § 14-106(2)). However, if the ad’s size prevents compliance with this requirement, it may link to a separate webpage that includes the “Paid for by” disclaimer. (A04668 § 14-106(4)).
What information about online political advertising is maintained by the New York State Board of Elections?
Political committees that make paid internet or digital advertisements must give the New York State Board of Elections copies, schedules, and scripts of the ad. (N.Y. Elec. Law R. & Reg. tit. 9 § 6200.11(a) (New York State Board of Elections through Dec. 31, 2018)).
The New York State Board of Elections also maintains public records of paid internet or digital advertisements made by independent expenditure committees. (§ 6200.10(g)). Independent expenditure committees that make paid internet or digital advertisements must give the State Board of Elections copies of the ad, including scripts of audio and video elements, descriptions of visual elements, screenshots of ads without audio or video elements, and each individual image for ads containing animation or interactive elements. (§ 6200.11(c)). The State Board of Elections also keeps records about people who make these independent expenditures. (§§ 6200.10(g), N.Y. Elec. Law § 14-107(3) (McKinney 2019)). If purchased by an individual, that individual must give the State information about his name, address, occupation, and employer before making the independent expenditure. (§ 14-107(3)(a)). If purchased by an entity, that entity must give the State information about the person with managerial control over the entity and salaried employees of the entity before making the independent expenditure. (§ 14-107(3)(b)).
Have platforms placed any restrictions on ads from this state?
Currently, Google requires independent expenditure committees purchasing ads about New York ballot measures and state and local candidates to fill out a form verifying that they are an independent expenditure committee and submit the registration documents the committee filed with the New York State Board of Elections. Visit our platform policies page for more information about platform policies related to political advertising.
Definitions for New York:
A paid internet or digital advertisement is an online ad that is paid for by an independent expenditure committee. (N.Y. Elec. Law R. & Reg. tit. 9§ 6200.10(b)(11)(i) (New York State Board of Elections through Dec. 31, 2018)). This includes “(a) display advertising; (b) image, video, audio, or interactive media advertising; (c) paid or promoted content on social media; (d) search engine marketing; (e) native advertising; and (f) sponsorships.” (§ 6200.10(b)(11)(ii)). However, New York notes that this is not an exhaustive list. (§ 6200.10(b)(11)(ii)).
Independent expenditures are communications made without coordination with a candidate, candidate committee, or agents of a candidate. (§§ 6200.10(b)(1)-(2)). Independent expenditures ado not include “payments or expenditures made by a party or constituted committee that is required to file disclosure reports under” New York’s election laws or communications authorized, requested, or made in cooperation with a “candidate, the candidate’s political committee or its agents, a party committee or its agents, or a constituted committee or its agents or a political committee formed to promote the success or defeat of a ballot proposal or its agents.” (§ 6200.10(b)(2)) In the context of online advertising, an independent expenditure is a paid internet or digital advertisement targeted to 50 or more people that:
- (1) uses language like “vote,” “oppose,” “support,” “elect,” “defeat,” or “reject” to reference a clearly identified candidate;
- (2) argues “for or against a clearly identified candidate or ballot proposal” in an election year where the candidate or proposal is on the ballot; or
- (3) is made within 60 days of a general or special election or 30 days of a primary election. (§§ 6200.10(b)(1)(i)-(ii)).