[EL] New NY Emergency Express Advocacy IE Rules

[David Keating]

The Center for Competitive Politics had an op-ed on these rules on Friday and we also submitted comments.  I urge others with similar concerns to file comments too asap.  The rule is horrible.

Article:
http://nypost.com/2014/08/15/new-yorks-shut-up-rule/

CCP's comments on the rule to the New York State Board of Elections, which were filed in June:
http://www.campaignfreedom.org/2014/06/10/comment-on-the-new-york-emergency-regulations-relative-to-independent-expenditure-reporting/

David
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David Keating | President | Center for Competitive Politics
124 S. West Street, Suite 201 | Alexandria, VA 22314
703-894-6799 (direct) | 703-894-6800 | 703-894-6811 Fax
www.campaignfreedom.org<http://www.campaignfreedom.org>

From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of David Mitrani
Sent: Wednesday, August 20, 2014 8:58 PM
To: law-election at UCI.edu
Subject: [EL] New NY Emergency Express Advocacy IE Rules

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.

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