§ 14-04 Identification of Communications.
RCNY § 14-04
(a)Independent spender identification. When an independent spender makes covered expenditures of $100 or more aggregating $1,000 or more during an election cycle, the communication associated with the expenditure that meets the $1,000 threshold and all subsequent communications, regardless of dollar value, must include: (i) Visual communications. For a visual, non-video communication in any medium, the words “Paid for by” must appear, followed by (A) the name of the independent spender; (B) if the spender is an entity: (1) the name of any individual or entity that owns or controls more than 50% of the independent spender, (2) the name of the independent spender’s chief executive officer or equivalent, if any, and (3) the independent spender’s top donors as described in subdivision (b) of this section; and (C) the words “Not expressly or otherwise authorized or requested by any candidate or the candidate’s committee or agent. More information at nyc.gov/FollowTheMoney”. Such words must appear in a conspicuous size and style and must be enclosed in a box within the borders of the communication.
(ii)Video communications. For a video communication in any medium, the words “Paid for by” followed by the name of the independent spender must be clearly spoken at the beginning or end of the communication in a pitch and tone substantially similar to the rest of the communication. Additionally, simultaneous with the spoken disclosure, in a conspicuous size and style and enclosed in a box, the words “Paid for by” must appear followed by (A) the name of the independent spender; (B) if the spender is an entity, the spender’s top donors as described in subdivision (b) of this section; and (C) the words “Not expressly or otherwise authorized or requested by any candidate or the candidate’s committee or agent. More information at nyc.gov/FollowTheMoney”.
(iii)Audio communications. For an audio communication in any medium, including automated telephone calls, the words “Paid for by” followed by (A) the name of the independent spender; (B) if the spender is an entity, the spender’s top donors as described in subdivision (b) of this section; and (C) the words “Not expressly or otherwise authorized or requested by any candidate or the candidate’s committee or agent. More information at nyc.gov/FollowTheMoney”, must be clearly spoken at the end of the communication in a pitch and tone substantially similar to the rest of the communication. For audio communications of 30 seconds in duration or shorter, except for telephone calls, subparagraph (B) of this paragraph may be omitted.
(iv)Non-automated telephone calls longer than 10 seconds. For non-automated telephone calls lasting longer than 10 seconds, the words "This call is paid for by" followed by the name of the independent spender and the words "Not expressly or otherwise authorized or requested by any candidate or the candidate's committee or agent. More information is available at nyc.gov/FollowTheMoney" must be clearly spoken during the call in a pitch and tone substantially similar to the rest of the call.
(v)Impracticability. If it is impracticable to display a clearly readable notice in an online communication that contains a link to a location controlled by the independent spender, the communication may contain the words “Paid for by” followed by the name of the independent spender, provided that the full text of the required notice must appear at the redirected location.
(b)"Top donor(s)" identification. Identification of an independent spender's top donors in a communication shall be as follows: (i) A spender's top donors are its largest aggregate contributors during the 12 months preceding the election, in descending order by aggregate amount, who have contributed at least $5,000.
(c)Languages other than English. All written or spoken identification required by this section must be in the primary language of the communication, except that the web address nyc.gov/FollowTheMoney, if required to be written or spoken in the identification, must be in English.
(d)Modification. The requirements of this section may be modified by the Board concerning items upon which identification would be impracticable, pursuant to Section 1052(a)(15)(c)(i) of the Charter or any other items whose disclosures are not otherwise provided for in Section 1052(a)(15)(c) of the Charter.
(e)This section shall not apply to communications required to include a disclosure pursuant to § 3-703(16) of the Code. (Added City Record 8/16/2019, eff. 9/15/2019; amended City Record 1/19/2021, eff. 2/18/2021; amended City Record 11/19/2024, eff. 12/19/2024)
