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

                                  3790

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of  A. BRENNAN, ROSENTHAL, JAFFEE, GALEF, GUNTHER --
  Multi-Sponsored by -- M.   of A.  COLTON,  MARKEY  --  read  once  and
  referred to the Committee on Election Law

AN  ACT  to  amend  the  election  law, in relation to the regulation of
  campaign consultants

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

  Section  1.  The election law is amended by adding a new article 18 to
read as follows:
                               ARTICLE 18
                   REGULATION OF CAMPAIGN CONSULTANTS
SECTION 18-100. FINDINGS.
        18-102. DEFINITIONS.
        18-104. PROHIBITIONS.
        18-106. REGISTRATION, REREGISTRATION, REPORTING, AND FEES.
        18-108. POWERS AND DUTIES OF THE ETHICS COMMISSION.
        18-110. ADMINISTRATIVE AND CIVIL ENFORCEMENT; PENALTIES.
        18-112. CODE OF CONDUCT.
        18-114. SEVERABILITY.
        18-116. ELECTRONIC FILING OF STATEMENTS AND REPORTS.
  S 18-100. FINDINGS. 1. THE LEGISLATURE HAS  A  PARAMOUNT  INTEREST  IN
PROTECTING THE INTEGRITY AND CREDIBILITY OF ITS ELECTORAL AND GOVERNMENT
INSTITUTIONS.  ELECTION  CAMPAIGNS  ARE HIGHLY COMPETITIVE IN THE STATE,
AND CANDIDATES FREQUENTLY CONTRACT  FOR  THE  SERVICES  OF  PROFESSIONAL
CAMPAIGN CONSULTANTS WHO SPECIALIZE IN GUIDING AND MANAGING CAMPAIGNS.
  2.  IT  IS THE PURPOSE AND INTENT OF THE LEGISLATURE TO IMPOSE REASON-
ABLE REGISTRATION AND DISCLOSURE REQUIREMENTS ON  CAMPAIGN  CONSULTANTS.
REQUIRED REGISTRATION AND DISCLOSURE OF INFORMATION BY CAMPAIGN CONSULT-
ANTS  WILL  ASSIST  THE PUBLIC IN MAKING INFORMED DECISIONS, AND PROTECT
PUBLIC CONFIDENCE IN THE ELECTORAL AND GOVERNMENTAL PROCESSES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01270-01-5

              

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  S 18-102. DEFINITIONS. WHENEVER USED IN THIS  ARTICLE,  THE  FOLLOWING
DEFINITIONS SHALL APPLY:
  1.  "CAMPAIGN  CONSULTANT" MEANS ANY PERSON OR ENTITY THAT RECEIVES OR
IS PROMISED ECONOMIC CONSIDERATION EQUALING ONE THOUSAND DOLLARS OR MORE
IN A CALENDAR YEAR FOR CAMPAIGN CONSULTING SERVICES. THE TERM  "CAMPAIGN
CONSULTANT"  INCLUDES  ANY  PERSON  OR  ENTITY  THAT SUBCONTRACTS WITH A
CAMPAIGN CONSULTANT TO PROVIDE CAMPAIGN CONSULTING  SERVICES,  AND  THAT
RECEIVES  OR  IS  PROMISED  ECONOMIC CONSIDERATION EQUALING ONE THOUSAND
DOLLARS OR MORE IN A CALENDAR YEAR  FOR  PROVIDING  CAMPAIGN  CONSULTING
SERVICES.  THE  TERM  "CAMPAIGN CONSULTANT" DOES NOT INCLUDE PERSONS WHO
ARE EMPLOYEES OF A CAMPAIGN CONSULTANT, ATTORNEYS WHO PROVIDE ONLY LEGAL
SERVICES, ACCOUNTANTS WHO PROVIDE ONLY  ACCOUNTING  SERVICES,  POLLSTERS
WHO PROVIDE ONLY POLLING SERVICES, AND TREASURERS WHO PROVIDE ONLY THOSE
SERVICES WHICH ARE REQUIRED OF TREASURERS.
  2.  "CAMPAIGN  CONSULTING  SERVICES"  MEANS  PARTICIPATING IN CAMPAIGN
MANAGEMENT OR DEVELOPING OR PARTICIPATING IN THE DEVELOPMENT OF CAMPAIGN
STRATEGY.
  3. "CAMPAIGN MANAGEMENT" MEANS CONDUCTING, COORDINATING OR SUPERVISING
A CAMPAIGN TO ELECT, DEFEAT, RETAIN OR RECALL A CANDIDATE, OR  ADOPT  OR
DEFEAT A MEASURE, INCLUDING BUT NOT LIMITED TO HIRING OR AUTHORIZING THE
HIRING  OF  CAMPAIGN  STAFF AND CONSULTANTS, SPENDING OR AUTHORIZING THE
EXPENDITURE OF CAMPAIGN FUNDS, DIRECTING, SUPERVISING OR CONDUCTING  THE
SOLICITATION  OF  CONTRIBUTIONS TO THE CAMPAIGN, AND SELECTING OR RECOM-
MENDING VENDORS OR SUBVENDORS OF GOODS OR SERVICES FOR THE CAMPAIGN.
  4. "CAMPAIGN STRATEGY" MEANS PLANS FOR THE ELECTION, DEFEAT, RETENTION
OR RECALL OF A CANDIDATE, OR FOR THE  ADOPTION OR DEFEAT OF  A  MEASURE,
INCLUDING  BUT NOT LIMITED TO PRODUCING OR AUTHORIZING THE PRODUCTION OF
CAMPAIGN  LITERATURE  AND  PRINT  AND  BROADCAST  ADVERTISING,   SEEKING
ENDORSEMENTS  OF  ORGANIZATIONS  OR  INDIVIDUALS,  SEEKING FINANCING, OR
ADVISING ON PUBLIC POLICY POSITIONS.
  5. "CANDIDATE" MEANS A PERSON WHO HAS TAKEN AFFIRMATIVE ACTION TO SEEK
NOMINATION OR ELECTION TO AN ELECTIVE OFFICE, OR A CURRENT ELECTED OFFI-
CIAL WHO HAS TAKEN AFFIRMATIVE ACTION TO SEEK NOMINATION  OR  REELECTION
TO ANY ELECTIVE OFFICE.
  6.  "ECONOMIC  CONSIDERATION"  MEANS  ANY PAYMENTS, FEES, COMMISSIONS,
REIMBURSEMENTS FOR EXPENSES, GIFTS, OR ANYTHING ELSE OF VALUE.
  7. "LOBBY" OR "LOBBYING" SHALL HAVE THE SAME  MEANING  AS  DEFINED  IN
SUBDIVISION (C) OF SECTION ONE-C OF  THE LEGISLATIVE LAW.
  8.  "LOBBYIST"  SHALL  HAVE THE SAME MEANING AS DEFINED IN SUBDIVISION
(A) OF SECTION ONE-C OF THE LEGISLATIVE LAW.
  9. "MEASURE" MEANS A LOCAL REFERENDUM OR LOCAL BALLOT MEASURE, WHETHER
OR NOT IT QUALIFIES FOR THE BALLOT.
  10. "VENDOR" MEANS A PERSON OR ENTITY WHO  SELLS  GOODS  OR  SERVICES,
OTHER  THAN  CAMPAIGN  CONSULTING SERVICES, INCLUDING BUT NOT LIMITED TO
PRINTING, CATERING, AND TRANSPORTATION SERVICES. THE TERM "VENDOR"  DOES
NOT  INCLUDE  ATTORNEYS WHO PROVIDE ONLY LEGAL SERVICES, ACCOUNTANTS WHO
PROVIDE ONLY ACCOUNTING SERVICES, POLLSTERS  WHO  PROVIDE  ONLY  POLLING
SERVICES,  AND  TREASURERS  WHO  PROVIDE  ONLY  THOSE SERVICES WHICH ARE
REQUIRED OF TREASURERS.
  S 18-104. PROHIBITIONS. IT SHALL BE UNLAWFUL FOR ANY CAMPAIGN CONSULT-
ANT TO PROVIDE CAMPAIGN CONSULTING  SERVICES,  OR  ACCEPT  ANY  ECONOMIC
CONSIDERATION FOR THE PROVISION OF CAMPAIGN CONSULTING SERVICES, WITHOUT
FIRST  REGISTERING  WITH  THE  ETHICS  COMMISSION AND COMPLYING WITH THE
REPORTING REQUIREMENTS SPECIFIED IN SECTION 18-106 OF THIS ARTICLE.
  S  18-106.  REGISTRATION,  REREGISTRATION,  REPORTING,  AND  FEES.  1.
REGISTRATION REPORTS. AT THE TIME OF INITIAL REGISTRATION, EACH CAMPAIGN

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CONSULTANT  SHALL REPORT TO THE ETHICS COMMISSION THE FOLLOWING INFORMA-
TION:
  (A)  THE  NAME,  BUSINESS  ADDRESS  AND  BUSINESS  PHONE NUMBER OF THE
CAMPAIGN CONSULTANT;
  (B) IF THE CAMPAIGN CONSULTANT IS  AN  INDIVIDUAL,  THE  NAME  OF  THE
CAMPAIGN  CONSULTANT'S EMPLOYER AND A DESCRIPTION OF THE BUSINESS ACTIV-
ITY ENGAGED IN BY THE EMPLOYER;
  (C) THE NAMES OF ANY INDIVIDUALS EMPLOYED BY THE  CAMPAIGN  CONSULTANT
TO ASSIST IN PROVIDING CAMPAIGN CONSULTING SERVICES;
  (D)  A  STATEMENT  OF  WHETHER  THE CAMPAIGN CONSULTANT IS REQUIRED TO
REGISTER WITH THE ETHICS COMMISSION PURSUANT TO THE LOBBYING ACT  ESTAB-
LISHED BY ARTICLE ONE-A OF THE LEGISLATIVE LAW;
  (E) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF EACH CLIENT TO WHOM THE
CAMPAIGN  CONSULTANT  PROVIDED  CAMPAIGN  CONSULTING SERVICES DURING THE
PRECEDING THREE MONTHS;
  (F) FOR EACH CLIENT, THE TOTAL ECONOMIC CONSIDERATION PROMISED  BY  OR
RECEIVED  FROM  THE  CLIENT  IN  EXCHANGE  FOR THE PROVISION OF CAMPAIGN
CONSULTING SERVICES DURING THE PRECEDING THREE MONTHS, PROVIDED THAT THE
TOTAL IS FIVE HUNDRED DOLLARS OR MORE;
  (G) EACH POLITICAL CONTRIBUTION OF ONE HUNDRED DOLLARS OR MORE MADE OR
DELIVERED BY THE CAMPAIGN CONSULTANT, OR MADE BY A CLIENT AT THE  BEHEST
OF  THE  CAMPAIGN CONSULTANT, OR FOR WHICH THE CAMPAIGN CONSULTANT ACTED
AS AN AGENT OR  INTERMEDIARY,  DURING  THE  PRECEDING  THREE  MONTHS  IN
SUPPORT OF OR IN OPPOSITION TO A CANDIDATE OR MEASURE;
  (H) THE CUMULATIVE TOTAL OF ALL POLITICAL CONTRIBUTIONS MADE OR DELIV-
ERED  BY  THE  CAMPAIGN  CONSULTANT, OR WHICH IS MADE BY A CLIENT AT THE
BEHEST OF THE CAMPAIGN CONSULTANT, OR FOR WHICH THE CAMPAIGN  CONSULTANT
ACTED  AS AN AGENT OR INTERMEDIARY, DURING THE PRECEDING THREE MONTHS IN
SUPPORT OF OR IN OPPOSITION TO EACH  INDIVIDUAL  CANDIDATE  OR  MEASURE,
PROVIDED THAT THE CUMULATIVE TOTAL IS FIVE HUNDRED DOLLARS OR MORE;
  (I)  ANY  GIFTS  PROMISED  OR  MADE  BY  THE CAMPAIGN CONSULTANT TO AN
ELECTED OFFICIAL DURING THE PRECEDING THREE MONTHS WHICH IN  THE  AGGRE-
GATE TOTAL FIFTY DOLLARS OR MORE; AND
  (J) ANY OTHER INFORMATION REQUIRED BY THE ETHICS COMMISSION CONSISTENT
WITH THE PURPOSES AND PROVISIONS OF THIS ARTICLE.
  2.  REREGISTRATION  REPORTS. EACH CAMPAIGN CONSULTANT SHALL REREGISTER
ANNUALLY ON JANUARY FIRST OR THE FIRST BUSINESS DAY OF THE  YEAR  OCCUR-
RING THEREAFTER. THE ETHICS COMMISSION MAY ALLOW FOR A CAMPAIGN CONSULT-
ANT  TO  REREGISTER  BY MAIL, PROVIDED THAT THE REREGISTRATION MATERIALS
ARE POSTMARKED NO LATER THAN JANUARY FIRST.
  3. FEES. AT THE TIME OF INITIAL REGISTRATION AND REREGISTRATION,  EACH
CAMPAIGN  CONSULTANT  SHALL  PAY TO THE ETHICS COMMISSION A REGISTRATION
FEE AND AN ADDITIONAL FEE FOR EACH CLIENT OF  THE  CAMPAIGN  CONSULTANT.
THE AMOUNT OF THE FEE SHALL BE:
  (A) CAMPAIGN CONSULTANTS EARNING AT LEAST ONE THOUSAND DOLLARS BUT NOT
MORE  THAN FIVE THOUSAND DOLLARS PER CALENDAR YEAR SHALL PAY A REGISTRA-
TION FEE OF FIFTY DOLLARS AND SHALL PAY A CLIENT FEE  OF  FIFTY  DOLLARS
PER CLIENT;
  (B)  CAMPAIGN  CONSULTANTS EARNING MORE THAN FIVE THOUSAND DOLLARS BUT
NOT MORE THAN TWENTY THOUSAND DOLLARS PER  CALENDAR  YEAR  SHALL  PAY  A
REGISTRATION  FEE  OF  TWO  HUNDRED  DOLLARS  AND  A CLIENT FEE OF FIFTY
DOLLARS PER CLIENT;
  (C) CAMPAIGN CONSULTANTS EARNING MORE THAN TWENTY THOUSAND DOLLARS PER
CALENDAR YEAR SHALL PAY A REGISTRATION FEE OF FOUR HUNDRED DOLLARS AND A
CLIENT FEE OF FIFTY DOLLARS PER CLIENT.

A. 3790                             4

  WHEN A CLIENT IS ACQUIRED SUBSEQUENT TO INITIAL REGISTRATION OR REREG-
ISTRATION, THE PER CLIENT FEE SHALL BE PAID AT THE TIME  OF  FILING  THE
INFORMATION  REQUIRED  BY  SUBDIVISION  FOUR OF THIS SECTION. THE ETHICS
COMMISSION SHALL DEPOSIT FEES COLLECTED PURSUANT TO  THIS  SECTION  INTO
THE GENERAL FUND.
  4.  CLIENT  AUTHORIZATION STATEMENTS. AT THE TIME OF INITIAL REGISTRA-
TION, THE CAMPAIGN CONSULTANT SHALL SUBMIT TO THE  ETHICS  COMMISSION  A
WRITTEN  AUTHORIZATION FROM EACH CLIENT THAT CONTRACTS WITH THE CAMPAIGN
CONSULTANT FOR CAMPAIGN CONSULTING SERVICES. IF THE CAMPAIGN  CONSULTANT
IS  RETAINED  BY  A  CLIENT  AFTER THE DATE OF INITIAL REGISTRATION, THE
CAMPAIGN CONSULTANT MUST FILE A CLIENT  AUTHORIZATION  STATEMENT  BEFORE
PROVIDING  ANY  CAMPAIGN  CONSULTING  SERVICES  TO THE CLIENT AND BEFORE
RECEIVING ANY ECONOMIC CONSIDERATION FROM THE  CLIENT  IN  EXCHANGE  FOR
CAMPAIGN  CONSULTING  SERVICES,  AND  IN ANY EVENT NO LATER THAN FIFTEEN
DAYS AFTER BEING RETAINED TO PROVIDE CAMPAIGN CONSULTING SERVICES TO THE
CLIENT.
  5. QUARTERLY REPORTS. EACH CAMPAIGN CONSULTANT  SHALL  FILE  WITH  THE
ETHICS  COMMISSION  QUARTERLY  REPORTS CONTAINING THE FOLLOWING INFORMA-
TION:
  (A) FOR EACH CLIENT, THE TOTAL ECONOMIC CONSIDERATION PROMISED  BY  OR
RECEIVED  FROM  THE  CLIENT  DURING  THE  REPORTING  PERIOD FOR CAMPAIGN
CONSULTING SERVICES, PROVIDED THAT THE TOTAL IS FIVE HUNDRED DOLLARS  OR
MORE;
  (B)  THE TOTAL ECONOMIC CONSIDERATION PROMISED BY OR RECEIVED FROM ALL
CLIENTS DURING THE REPORTING PERIOD FOR CAMPAIGN CONSULTING SERVICES;
  (C) POLITICAL CONTRIBUTIONS OF ONE HUNDRED DOLLARS  OR  MORE  MADE  OR
DELIVERED  BY THE CAMPAIGN CONSULTANT, OR MADE BY A CLIENT AT THE BEHEST
OF THE CAMPAIGN CONSULTANT, OR FOR WHICH THE CAMPAIGN  CONSULTANT  ACTED
AS  AN  AGENT OR INTERMEDIARY, DURING THE REPORTING PERIOD IN SUPPORT OF
OR IN OPPOSITION TO A CANDIDATE OR MEASURE.
  S 18-108. POWERS AND DUTIES OF THE ETHICS COMMISSION.  1.  THE  ETHICS
COMMISSION  SHALL  PROVIDE  FORMS  FOR  THE REPORTING OF ALL INFORMATION
REQUIRED BY THIS ARTICLE.
  2. THE ETHICS COMMISSION SHALL ISSUE A  REGISTRATION  NUMBER  TO  EACH
REGISTERED  CAMPAIGN CONSULTANT.
  3.  AT THE TIME OF INITIAL REGISTRATION AND REREGISTRATION, THE ETHICS
COMMISSION SHALL PROVIDE THE CAMPAIGN CONSULTANT  WITH  A  COPY  OF  THE
STATE'S  CAMPAIGN  AND  LOBBY  LAWS,  THE  CODE  OF CONDUCT SPECIFIED IN
SECTION 18-112 OF THIS ARTICLE,  AND  ANY  RELATED  MATERIAL  WHICH  THE
COMMISSION  DETERMINES  WILL  SERVE  THE  PURPOSES OF THIS ARTICLE. EACH
CAMPAIGN CONSULTANT MUST SIGN A STATEMENT ACKNOWLEDGING RECEIPT OF THESE
MATERIALS.
  4. THE ETHICS COMMISSION SHALL COMPILE  THE  INFORMATION  PROVIDED  IN
REGISTRATION  AND  QUARTERLY  REPORTS  FILED PURSUANT TO THIS ARTICLE AS
SOON AS PRACTICABLE AFTER THE CLOSE OF EACH QUARTER AND SHALL FORWARD  A
REPORT OF THE COMPILED INFORMATION TO THE GOVERNOR, THE TEMPORARY PRESI-
DENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY.
  5.  THE  ETHICS COMMISSION SHALL PRESERVE ALL ORIGINAL REPORTS, STATE-
MENTS, AND OTHER RECORDS REQUIRED TO BE KEPT OR FILED UNDER THIS ARTICLE
FOR A PERIOD OF FIVE YEARS. SUCH REPORTS, STATEMENTS, AND RECORDS  SHALL
CONSTITUTE  A  PART  OF  THE PUBLIC RECORDS OF THE ETHICS COMMISSION AND
SHALL BE OPEN TO THE PUBLIC INSPECTION.
  6. THE COMMISSION SHALL PROVIDE FORMAL AND INFORMAL  ADVICE  REGARDING
THE DUTIES UNDER THIS ARTICLE OF A PERSON OR ENTITY.

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  7.  THE ETHICS COMMISSION SHALL HAVE THE POWER TO ADOPT ALL REASONABLE
AND NECESSARY RULES AND REGULATIONS FOR THE IMPLEMENTATION OF THIS ARTI-
CLE PURSUANT TO THE STATE ADMINISTRATIVE PROCEDURE ACT.
  S  18-110.  ADMINISTRATIVE AND CIVIL ENFORCEMENT; PENALTIES. 1. IF ANY
CAMPAIGN CONSULTANT FILES AN ORIGINAL  STATEMENT  OR  REPORT  AFTER  ANY
DEADLINE  IMPOSED BY THIS ARTICLE, THE ETHICS COMMISSION SHALL, IN ADDI-
TION TO ANY OTHER PENALTIES OR REMEDIES  ESTABLISHED  IN  THIS  ARTICLE,
FINE  THE  CAMPAIGN  CONSULTANT FIFTY DOLLARS PER DAY AFTER THE DEADLINE
UNTIL THE STATEMENT OR REPORT IS RECEIVED BY THE ETHICS  COMMISSION.  IF
ANY  CAMPAIGN CONSULTANT FILES AN ORIGINAL STATEMENT OR REPORT AFTER ANY
DEADLINE IMPOSED BY THIS ARTICLE, WHEN THE DEADLINE IS FEWER THAN THIRTY
DAYS BEFORE OR AFTER AN ELECTION, THE ETHICS COMMISSION SHALL, IN  ADDI-
TION  TO  ANY  OTHER  PENALTIES OR REMEDIES ESTABLISHED IN THIS ARTICLE,
FINE THE CAMPAIGN CONSULTANT ONE HUNDRED DOLLARS PER DAY AFTER THE DEAD-
LINE UNTIL THE STATEMENT OR REPORT IS RECEIVED BY THE ETHICS COMMISSION.
THE ETHICS COMMISSION MAY REDUCE OR  WAIVE  A  FINE  IF  THE  COMMISSION
DETERMINES  THAT  THE  LATE  FILING WAS NOT WILLFUL AND THAT ENFORCEMENT
WILL NOT FURTHER THE PURPOSES OF THIS  ARTICLE.  THE  ETHICS  COMMISSION
SHALL DEPOSIT FUNDS COLLECTED UNDER THIS SECTION INTO THE GENERAL FUND.
  2.  ANY  PERSON  WHO  BELIEVES THAT THIS ARTICLE HAS BEEN VIOLATED MAY
FILE  A  COMPLAINT  WITH  THE  ETHICS  COMMISSION.  UPON  RECEIPT  OF  A
COMPLAINT,  OR  UPON  ITS OWN INITIATIVE, THE COMMISSION MAY INVESTIGATE
ALLEGATIONS OF A VIOLATION AND ENFORCE THE ADHERENCE TO SUCH PROVISIONS.
  3. WHEN THE COMMISSION DETERMINES ON THE BASIS OF SUBSTANTIAL EVIDENCE
THAT A PERSON OR ENTITY HAS VIOLATED THE PROVISIONS OF THIS ARTICLE, THE
COMMISSION MAY REQUIRE THE PERSON OR ENTITY TO:
  (A) CEASE AND DESIST THE VIOLATION;
  (B) FILE ANY REPORTS OR STATEMENTS OR PAY ANY FEES  REQUIRED  BY  THIS
ARTICLE; AND/OR
  (C)  PAY  A  MONETARY  PENALTY OF UP TO FIVE THOUSAND DOLLARS FOR EACH
VIOLATION, OR THREE TIMES THE AMOUNT NOT PROPERLY REPORTED, WHICHEVER IS
GREATER. THE COMMISSION MAY, IN THEIR OWN DISCRETION, CANCEL FOR  UP  TO
ONE  YEAR  THE  REGISTRATION OF ANY CAMPAIGN CONSULTANT WHO HAS VIOLATED
THE PROVISIONS OF THIS ARTICLE. A CAMPAIGN CONSULTANT WHOSE REGISTRATION
HAS BEEN CANCELED PURSUANT TO THIS  SECTION  MAY  NOT  PROVIDE  CAMPAIGN
CONSULTING SERVICES IN EXCHANGE FOR ECONOMIC CONSIDERATION FOR THE PERI-
OD  THAT  THE  REGISTRATION IS CANCELED. WHEN THE PERIOD OF CANCELLATION
ENDS, THE CAMPAIGN CONSULTANT MAY REREGISTER PURSUANT TO THIS ARTICLE.
  4. ANY PERSON OR ENTITY WHICH KNOWINGLY OR NEGLIGENTLY VIOLATES OR WHO
CAUSES ANY OTHER PERSON TO VIOLATE THE PROVISIONS OF THIS ARTICLE MAY BE
LIABLE IN A CIVIL ACTION BROUGHT BY A DISTRICT ATTORNEY OR THE  ATTORNEY
GENERAL  FOR  AN  AMOUNT  UP  TO FIVE THOUSAND DOLLARS PER VIOLATION, OR
THREE TIMES THE AMOUNT NOT PROPERLY REPORTED, WHICHEVER IS GREATER.
  5. ANY PERSON OR ENTITY WHICH INTENTIONALLY  OR  NEGLIGENTLY  VIOLATES
THE  PROVISIONS  OF SECTION 18-104 OF THIS ARTICLE IS GUILTY OF A MISDE-
MEANOR.
  6. NO ADMINISTRATIVE, CIVIL, OR CRIMINAL ACTION SHALL BE MAINTAINED TO
ENFORCE A VIOLATION OF SECTION 18-104 OF  THIS  ARTICLE  UNLESS  BROUGHT
WITHIN FOUR YEARS AFTER THE DATE THE CAUSE OF ACTION ACCRUED OR THE DATE
THAT  THE  FACTS CONSTITUTING THE CAUSE OF ACTION WERE DISCOVERED BY THE
ETHICS COMMISSION, DISTRICT ATTORNEY, OR ATTORNEY GENERAL, WHICHEVER  IS
LATER.
  7.  IN  INVESTIGATING  ANY ALLEGED VIOLATION OF SECTION 18-104 OF THIS
ARTICLE, THE ETHICS COMMISSION, A DISTRICT ATTORNEY,  AND  THE  ATTORNEY
GENERAL  SHALL  HAVE  THE  POWER TO INSPECT, UPON REASONABLE NOTICE, ALL
DOCUMENTS REQUIRED TO BE MAINTAINED UNDER SUCH SECTION.  THIS  POWER  TO

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INSPECT DOCUMENTS IS IN ADDITION TO OTHER POWERS CONFERRED ON THE ETHICS
COMMISSION, DISTRICT ATTORNEY, AND ATTORNEY GENERAL, INCLUDING THE POWER
OF SUBPOENA.
  S  18-112.  CODE  OF  CONDUCT. AT THE TIME OF INITIAL REGISTRATION AND
REREGISTRATION, EACH CAMPAIGN CONSULTANT MUST ELECT WHETHER TO VOLUNTAR-
ILY COMPLY WITH THE FOLLOWING CODE OF CONDUCT:
  1. I AM FAMILIAR WITH ALL THE LAWS, RULES AND  REGULATIONS  APPLICABLE
TO LOCAL AND STATE CAMPAIGNS;
  2. I WILL NOT KNOWINGLY MAKE FALSE STATEMENTS ABOUT THE QUALIFICATIONS
OR  POSITIONS  OF  ANY  CANDIDATE,  OR ABOUT THE SCOPE AND EFFECT OF ANY
MEASURE;
  3. I WILL NOT KNOWINGLY MAKE FALSE STATEMENTS THAT ANY REAL OR  FICTI-
TIOUS PERSON SUPPORTS OR OPPOSES A CANDIDATE OR MEASURE;
  4.  IN  THE  EVENT  THAT I MAKE INADVERTENT FALSE STATEMENTS ABOUT THE
QUALIFICATIONS OR POSITIONS OF ANY CANDIDATE  OR  ABOUT  THE  SCOPE  AND
EFFECT  OF ANY MEASURE, I WILL ENDEAVOR TO PROVIDE CORRECTED INFORMATION
IN WRITTEN FORM TO THE ETHICS COMMISSION WITHIN FIVE DAYS;
  5. I WILL REFRAIN FROM APPEALING TO PREJUDICE  IN  THE  CONDUCT  OF  A
CAMPAIGN,  AND  FROM  CONDUCTING, MANAGING OR ADVISING A CAMPAIGN, WHICH
APPEALS TO PREJUDICE BASED ON RACE, GENDER, ETHNIC BACKGROUND, RELIGIOUS
AFFILIATION OR NONAFFILIATION, SEXUAL ORIENTATION, AGE,  DISABILITY,  OR
ECONOMIC STATUS;
  6.  I WILL REFRAIN FROM SEEKING TO OBTAIN THE SUPPORT OF OR OPPOSITION
TO ANY CANDIDATE OR MEASURE BY THE USE OF FINANCIAL  INDUCEMENTS  OR  BY
THE USE OF THREATS OR COERCION;
  7.  I WILL REFRAIN FROM INFLUENCING THE SUBMISSION OF A MEASURE TO THE
VOTERS OF THIS STATE FOR THE SOLE PURPOSE OF OBTAINING ECONOMIC  CONSID-
ERATION FOR CAMPAIGN CONSULTING SERVICES;
  8.  I  WILL  DISCLOSE  THROUGH  A  FILING AT THE ETHICS COMMISSION ANY
AGREEMENTS THAT WOULD RESULT IN A CAMPAIGN CONSULTING CONTRACT RESULTING
FROM MY EFFORTS TO INFLUENCE THE SUBMISSION OF A MEASURE TO  THE  VOTERS
OF THE STATE AT THE TIME THAT I SEEK SUBMISSION OF ANY SUCH MEASURE;
  9.  I  WILL REFRAIN FROM SEEKING TO EVADE, OR PARTICIPATING IN EFFORTS
OF OTHERS TO EVADE, THE LEGAL REQUIREMENTS IN LAWS PERTAINING  TO  POLI-
TICAL CAMPAIGNS;
  10.  I  WILL  NOT  KNOWINGLY  PARTICIPATE  IN THE PREPARATION, DISSEM-
INATION, OR BROADCAST OF PAID POLITICAL ADVERTISING OR CAMPAIGN  MATERI-
ALS THAT CONTAIN FALSE INFORMATION; AND
  11.  I WILL REFRAIN FROM ACCEPTING CLIENTS WHOSE INTERESTS ARE ADVERSE
TO EACH OTHER.
  12.  I WILL REFRAIN FROM SOLICITING FROM ANY  CANDIDATE  FOR  WHICH  I
HAVE PROVIDED CAMPAIGN CONSULTING SERVICES ANY CONTRACT, GRANT, REMUNER-
ATION  OR  OTHER  EMOLUMENT  OVER WHICH SUCH CANDIDATE HAS JURISDICTION,
CONSIDERATION OR INFLUENCE IN THE PUBLIC POSITION TO WHICH  SUCH  CANDI-
DATE WAS ELECTED.
  S  18-114.  SEVERABILITY.  IF  ANY  SECTION,  SUBSECTION, SUBDIVISION,
SENTENCE, CLAUSE, PHRASE OR PORTION OF THIS ARTICLE, OR THE  APPLICATION
THEREOF  TO ANY PERSON OR ENTITY IS FOR ANY REASON HELD TO BE INVALID OR
UNCONSTITUTIONAL BY THE DECISION OF ANY COURT OF COMPETENT JURISDICTION,
SUCH DECISION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF
THIS ARTICLE OR ITS APPLICATION TO OTHER PERSONS, BUSINESS ENTITIES,  OR
ORGANIZATIONS.  THE  LEGISLATURE  HEREBY  DECLARES  THAT  IT  WOULD HAVE
ADOPTED  THIS  ARTICLE,  AND  EACH  SECTION,  SUBSECTION,   SUBDIVISION,
SENTENCE,  CLAUSE,  PHRASE  OR PORTION THEREOF, IRRESPECTIVE OF THE FACT
THAT ANY ONE OR MORE  SECTIONS,  SUBSECTIONS,  SUBDIVISIONS,  SENTENCES,

A. 3790                             7

CLAUSES,  PHRASES, OR PORTIONS, OR THE APPLICATION THEREOF TO ANY PERSON
OR ENTITY, TO BE DECLARED INVALID OR UNCONSTITUTIONAL.
  S  18-116.  ELECTRONIC FILING OF STATEMENTS AND REPORTS. 1. ELECTRONIC
FILING REQUIRED. WHENEVER CAMPAIGN  CONSULTANTS  ARE  REQUIRED  BY  THIS
ARTICLE  TO  FILE AN ORIGINAL STATEMENT OR REPORT, THE ETHICS COMMISSION
MAY REQUIRE THE CONSULTANTS TO FILE AN ELECTRONIC COPY OF THE  STATEMENT
OR  REPORT.  THE ELECTRONIC COPY SHALL BE DUE NO LATER THAN THE DEADLINE
IMPOSED BY THIS ARTICLE FOR FILING THE ORIGINAL STATEMENT OR REPORT.
  2. POWERS AND DUTIES OF THE ETHICS COMMISSION. THE  ETHICS  COMMISSION
SHALL  ADOPT  REGULATIONS  SPECIFYING THE ELECTRONIC FILING REQUIREMENTS
APPLICABLE TO CAMPAIGN CONSULTANTS. THE ETHICS  COMMISSION  SHALL  ADOPT
THESE REGULATIONS NO FEWER THAN ONE HUNDRED TWENTY DAYS BEFORE THE ELEC-
TRONIC  FILING  REQUIREMENTS  ARE EFFECTIVE. THE ETHICS COMMISSION SHALL
PRESCRIBE THE FORMAT FOR ELECTRONIC COPIES OF STATEMENTS AND REPORTS  NO
FEWER  THAN  NINETY DAYS BEFORE THE STATEMENTS AND REPORTS ARE DUE TO BE
FILED.
  3. PENALTIES. IF ANY CAMPAIGN CONSULTANT FILES AN ELECTRONIC COPY OF A
STATEMENT OR REPORT AFTER THE DEADLINE  IMPOSED  BY  THIS  SECTION,  THE
ETHICS  COMMISSION SHALL, IN ADDITION TO ANY OTHER PENALTIES OR REMEDIES
ESTABLISHED IN THIS ARTICLE, FINE THE CAMPAIGN  CONSULTANT  TEN  DOLLARS
PER  DAY AFTER THE DEADLINE UNTIL THE ELECTRONIC COPY IS RECEIVED BY THE
ETHICS COMMISSION. THE ETHICS COMMISSION MAY REDUCE OR WAIVE A  FINE  IF
THE  COMMISSION DETERMINES THAT THE LATE FILING WAS NOT WILLFUL AND THAT
ENFORCEMENT WILL NOT FURTHER THE PURPOSES OF THIS  ARTICLE.  THE  ETHICS
COMMISSION  SHALL  DEPOSIT  FUNDS  COLLECTED  UNDER  THIS SECTION IN THE
GENERAL FUND.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.