[EL] New NY Emergency Express Advocacy IE Rules

[David Mitrani]

Long-time reader, first-time writer on these boards.

The New York State Board of Elections recently passed very expansive emergency rules for express advocacy – essentially employing a “facts and circumstances” test for express advocacy, regulating almost every communication mentioning and commenting on a candidate after January 1st of the election year.

To make matters stranger, these emergency rules expire on November 1, 2014.  I’ve seen express advocacy standards in most of the states, and I’ve never seen anything like this.

The regulations can be found here: http://www.elections.ny.gov/NYSBOE/download/finance/2014IERegText5222014Rev7092014_2.pdf

Has anyone heard about these?  Any opinions on whether they pass muster?

Dave

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David Mitrani
Associate
Sandler Reiff Lamb Rosenstein & Birkenstock, P.C.

1025 Vermont Avenue NW, Suite 300
Washington, D.C. 20005
w. (202) 479 - 1111
f. (202) 479 - 1115

mitrani at sandlerreiff.com<mailto:mitrani at sandlerreiff.com>
Twitter: @davemitrani
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