N.Y. Public Officers Law Section 73-B
Advertisements by elected government officials and candidates made with public funds

  • prohibited

1.

As used in this section:

(a)

“Political subdivision” shall mean a county, city, town, village or district within the state.

(b)

“Public authority” shall mean a public authority or public benefit corporation created by or existing under any law of the state, at least one of whose members is appointed by the governor (including any subsidiaries of such public authority or public benefit corporation), other than an interstate or international authority or public benefit corporation.

(c)

“Appear” or “appears” shall mean to appear by likeness, picture or voice.

(d)

“Candidate” shall have the meaning set forth in Election Law § 14-100 (Definitions)section 14-100 of the election law.

2.

Notwithstanding any other provision of law to the contrary, (a) no elected government official or candidate for elected local, state or federal office shall knowingly appear in any advertisement or promotion, including public or community service announcements, published or broadcast through any print or electronic media (including television, radio and internet) by any private or commercial entity or any other entity that publishes such advertisement for a fee, if the advertisement or promotion is paid for or produced in whole or in part with funds of the state, a political subdivision thereof or a public authority.

(b)

No person shall knowingly use the funds of the state, a political subdivision thereof or public authority to pay for or produce, in whole or in part, any advertisement or promotion that is prohibited by paragraph (a) of this subdivision. This prohibition shall not apply to otherwise lawful expenditures of public campaign funds specifically provided for under state, federal or local law.

3.

Any person who violates the provisions of this section shall be liable for a civil penalty of not less than one thousand dollars nor more than five thousand dollars. The penalties prescribed by this subdivision may be recovered in a civil action brought by the attorney general.

Source: Section 73-B — Advertisements by elected government officials and candidates made with public funds; prohibited, https://www.­nysenate.­gov/legislation/laws/PBO/73-B (updated Sep. 22, 2014; accessed Apr. 13, 2024).

60
Official seals of court of appeals, governor and state departments, divisions and bureaus 61
Investigations by state officers 62
Business in public offices on public holidays 62–A
Leave of absence for certain appointive state officers 63
Leave of absence for veterans on Memorial day and Veterans’ day 64
Payment of expenses of public officers 64–A
Patent policy 66
Interchangeable use of gender neutral and gender specific titles of public offices 66–A
Accident reports kept by police authorities to be open to the inspection of persons interested 67
Fees of public officers 67–A
Fees for certification or exemplification 68
Allowance of additional fees and expenses 68–A
Fees for oath or acknowledgment 69
Fee for administering certain official oaths prohibited 69–A
Interest to be paid and collected on all deposits of public moneys amounting to one thousand dollars or more 70
Accounting for fees 70–A
Fees to be paid by public officers for public advertisements 70–B
Certificate on printed copies of laws 71
Vacations for employees of the state 72
Notices and reports of claims, suits or causes of action to be given to the attorney-general 72–A
Penalty of officer for failure to execute mandate and make return 73
Business or professional activities by state officers and employees and party officers 73–A
Financial disclosure 73–B
Advertisements by elected government officials and candidates made with public funds 74
Code of ethics 74–A
Duty of public officers regarding the physically handicapped 75
Bribery of members of the legislature 75–A
Appearance by a person convicted of a crime of corruption 76
Receiving bribes by members of legislature 77
Unlawful fees and payments 77–A
Members of the legislature liable to forfeiture of office 78
Certification of members, officers and employees 79
Fine in certain cases
Green check means up to date. Up to date

Accessed:
Apr. 13, 2024

Last modified:
Sep. 22, 2014

§ 73-B’s source at nysenate​.gov

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