Rule 13-04 Identification of Communications.

(a) 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, shall include the following:

(1) For printed material, the words “Paid for by” must appear, followed by (i) the name of the independent spender; (ii) if the spender is an entity: (A) the name of any individual or entity that owns or controls more than 50% of the independent spender, (B) the name of the independent spender’s chief executive officer or equivalent, if any, and (C) the independent spender’s top donors as described in subdivision (b) of this section; and (iii) the words “Not authorized by any candidate or candidate committee. 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.

(2) For television, internet videos, or other types of video communications, 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: (i) the name of the independent spender; (ii) if the spender is an entity, the spender’s top donors as described in subdivision (b) of this section; and (iii) the words “Not authorized by any candidate or candidate committee. More information at nyc.gov/FollowTheMoney”.

(3) For radio, internet audio, or automated telephone calls, the words “Paid for by” followed by (i) the name of the independent spender; (ii) if the spender is an entity, the spender’s top donors as described in subdivision (b) of this section; and (iii) the words “Not authorized by any candidate or candidate committee. 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 radio and internet audio communications of 30 seconds in duration or shorter, subparagraph (ii) of this paragraph may be omitted.

(4) For non-automated telephone calls lasting longer than ten seconds, the words “This call is paid for by” followed by the name of the independent spender and the words “Not authorized by any candidate or candidate committee. 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.

(b) Identification of an independent spender’s top donors in a communication shall be as follows:

(1) 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.

(2) If there are at least three such donors:

(i) Printed identification shall be the words “Top Three Donors” followed by the names of such donors;

(ii) Video identification shall be the words “The top three donors to the organization responsible for this advertisement are” followed by the names of such donors;

(iii) Audio identification shall be the words “with funding provided by” followed by the names of such donors;

(iv) If the third largest donor has donated the same amount as the fourth largest donor, the independent spender may choose which three donors to include, so long as no donor is included that has donated less than any other donor that is not included.

(3) If there are only two such donors, the words “Top Donors” must replace “Top Three Donors.”

(4) If there is only one such donor, the words “Top Donor” must replace “Top Three Donors.”

(5) If there are no such donors, all references to donors must be removed from the identification.

(c) All written or spoken identification required by this rule 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) The requirements of this section may be modified by the Board concerning items upon which disclosures cannot be reasonably printed, pursuant to §1052(a)(15)(c)(i) of the Charter or any other items whose disclosures are not otherwise provided for in §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.