Prohibits municipal officers or employees from using municipal funds for certain mass mailings prior to an election

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          10714

                                  I N  A S S E M B L Y

                                     March 27, 2026
                                       ___________

        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Local Governments

        AN ACT to amend the general municipal law, in  relation  to  prohibiting
          municipal officers or employees from using municipal funds for certain
          mass mailings prior to an election

          THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
        BLY, DO ENACT AS FOLLOWS:

     1    Section 1. The general municipal  law  is  amended  by  adding  a  new
     2  section 99-aa to read as follows:
     3    § 99-AA. MUNICIPAL OFFICERS OR EMPLOYEES PROHIBITED FROM USING MUNICI-
     4  PAL  FUNDS FOR CERTAIN MASS MAILINGS PRIOR TO AN ELECTION. 1. AS USED IN
     5  THIS SECTION:
     6    (A) "MUNICIPAL OFFICER OR EMPLOYEE" SHALL HAVE THE SAME MEANING AS SET
     7  FORTH IN SECTION EIGHT HUNDRED OF THIS CHAPTER.
     8    (B) "CANDIDATE" SHALL HAVE THE SAME MEANING AS SET  FORTH  IN  SECTION
     9  14-100 OF THE ELECTION LAW.
    10    (C)  "MASS  MAILING"  MEANS  IDENTICAL  OR  NEARLY IDENTICAL PIECES OF
    11  LITERATURE OR OTHER MASS COMMUNICATION TOTALING MORE  THAN  ONE  HUNDRED
    12  ITEMS,  INCLUDING BUT NOT LIMITED TO NEWSLETTERS, PAMPHLETS AND INFORMA-
    13  TIONAL MATERIALS, WHICH ARE MAILED OR DELIVERED TO RESIDENTS OR  VOTERS,
    14  OR  ANY  GROUP  OR  CLASSIFICATION  THEREOF,  OTHER  THAN IN RESPONSE TO
    15  SPECIFIC INQUIRIES OR REQUESTS BY MEMBERS OF THE PUBLIC.
    16    (D) "APPEARANCE" MEANS A COMMUNICATION BY LIVE AND/OR RECORDED, VISUAL
    17  AND/OR AUDIO IMAGES OF THE CANDIDATE, TO USE THE NAME OF THE  CANDIDATE,
    18  OR BOTH, OR IN A MANNER WHICH MAKES THE IDENTITY OF THE CANDIDATE OTHER-
    19  WISE APPARENT BY UNAMBIGUOUS REFERENCE.
    20    (E)  "PARTICIPATE" MEANS TO AUTHORIZE, REQUEST, SUGGEST, FOSTER, COOP-
    21  ERATE, AND ENCOMPASSES ACTIONS AND OMISSIONS OF BOTH THE  CANDIDATE  FOR
    22  ELECTIVE OFFICE AND ANY AGENT ACTING ON BEHALF OF THE CANDIDATE.
    23    (F)  "OTHER  MASS  COMMUNICATION"  MEANS THE USE OF TELEPHONE BANKS OR
    24  ROBOCALLS, EMAILS, TEXT MESSAGES, WEBSITES, SOCIAL  MEDIA  ACCOUNTS  AND
    25  OTHER FORMS OF TELECOMMUNICATION.
    26    2.  (A)  NO MUNICIPAL OFFICER OR EMPLOYEE WHO IS A CANDIDATE FOR NOMI-
    27  NATION OR ELECTION TO ANY  ELECTIVE  OFFICE  SHALL  USE,  CAUSE  ANOTHER

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15343-01-6
        A. 10714                            2

     1  PERSON  TO  USE,  OR  PARTICIPATE  IN  THE  USE OF GOVERNMENTAL FUNDS OR
     2  RESOURCES FOR A MASS MAILING THAT IS POSTMARKED, IF  MAILED,  OR  DELIV-
     3  ERED,  IF  BY OTHER MEANS, LESS THAN NINETY DAYS PRIOR TO ANY PRIMARY OR
     4  GENERAL  ELECTION  FOR  ANY  ELECTIVE  OFFICE FOR WHICH SUCH PERSON IS A
     5  CANDIDATE FOR NOMINATION OR ELECTION.
     6    (B) IN THE CASE OF A CANDIDATE IN A SPECIAL ELECTION TO FILL A VACANCY
     7  IN AN ELECTIVE OFFICE, THE PROHIBITIONS SET FORTH IN  PARAGRAPH  (A)  OF
     8  THIS  SUBDIVISION  SHALL  APPLY  FROM  THE  DAY  THE SPECIAL ELECTION IS
     9  DECLARED THROUGH THE DAY OF THE SPECIAL ELECTION.
    10    3. (A) NOTHING IN  THIS  SECTION  SHALL  PROHIBIT  THE  APPEARANCE  OR
    11  PARTICIPATION  BY  MUNICIPAL OFFICERS OR EMPLOYEES IN THE USE OF GOVERN-
    12  MENTAL FUNDS OR RESOURCES FOR A MASS MAILING OF:
    13    (I) ADVERTISEMENTS AND OTHER COMMUNICATIONS REQUIRED BY LAW;
    14    (II) COMMUNICATIONS NECESSARY TO SAFEGUARD PUBLIC HEALTH AND SAFETY;
    15    (III) STANDARD COMMUNICATIONS IN RESPONSE TO INQUIRIES OR REQUESTS;
    16    (IV) ORDINARY COMMUNICATIONS  BETWEEN  MUNICIPAL  OFFICERS  AND  THEIR
    17  CONSTITUENTS; OR
    18    (V) PRESS RELEASES SENT TO MEMBERS OF THE MEDIA.
    19    (B)  NOTHING IN THIS SECTION SHALL BE DEEMED TO PERMIT ANY INTEREST OR
    20  CONDUCT PROHIBITED BY ARTICLE EIGHTEEN OF THIS CHAPTER OR BY  ANY  RULE,
    21  REGULATION,  OPINION,  CODE OF ETHICS, OR DETERMINATION OF THE COUNTY OR
    22  LOCAL BOARD OF ETHICS ISSUED PURSUANT THERETO OR RESTRICT IN ANY WAY THE
    23  POWERS AND OBLIGATIONS OF A COUNTY OR LOCAL BOARD OF ETHICS.
    24    4. ANY PERSON WHO VIOLATES THE PROVISIONS OF  THIS  SECTION  SHALL  BE
    25  LIABLE  FOR  A  CIVIL  PENALTY OF NOT LESS THAN ONE THOUSAND DOLLARS NOR
    26  MORE THAN FIVE THOUSAND DOLLARS.
    27    § 2. This act shall take effect January 1, 2027.