[HISTORY: Adopted by the Board of Trustees of the Village
of East Aurora as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-15-2009 by L.L. No. 2-2009]
The purpose of this article is to require that the name of the
persons and any legal entities responsible for distributing written
or electronic materials in political campaigns for elected public
offices be clearly identified on the written or electronic material
in order to protect the voters' ability to identify the messengers
behind political messages.
The Board of Trustees of the Village of East Aurora finds that:
A.
A pattern of last-minute, unsigned negative campaign materials directed
against a specific political candidate or candidates requires the
need for adequate identification of the source of campaign appeals
directed at the voters in order to assist voters in making rational
decisions at the polls.
B.
By requiring such identification of campaign literature, the public
is better able to evaluate the source of campaign material, may be
more adequately informed, and can better distinguish between truth
and falsity.
C.
By requiring identification, anonymous attacks will be discouraged.
D.
By requiring identification, a person who believes that (s)he has
been libeled may more readily seek redress in a civil action for damages.
E.
Limiting identification requirements to pejorative campaign material
is inadequate because subtle attacks on candidates or measures can
be framed which appear to be supportive but, in fact, are pejorative.
F.
Distinction needs to be made between campaign materials of small
size that usually carry little more than a "vote for" message, such
as is often the case with buttons, matchbooks, and pens, and campaign
materials that carry more complex messages. In the case of the former,
because of their characteristically small size and limited content,
it would be an undue burden to require that identification as to source
be included.
All mass campaign literature which expressly advocates the election
or defeat of a clearly identified candidate, slate of candidates,
or group of candidates and circulated within one month of the election
shall be identified by the words "paid for by" followed by the name
and address of the individual or committee who or which paid for the
communication.
A.
No candidate, committee, or person shall distribute mass campaign
literature unless the name of the candidate, committee, or person
is legible on the literature in a conspicuous place in no less than
six-point type in a contrasting color.
A.
"Mass campaign literature" means more than 100 substantially similar
pieces of campaign literature, including, but not limited to, mailers,
flyers, pamphlets, door hangers, walking cards, e-mails, or posters,
which are distributed within a single calendar month, regardless of
whether distributed through the mail, electronically, by campaign
workers, or any other means. Mass campaign literature does not include
pens, pencils, or other similarly small promotional items on which
the disclosures cannot reasonably be printed or displayed in an easily
legible typeface.
B.
The sender of mass campaign literature is the candidate, person,
or committee who pays for the largest portion of the mailing.
Violations of the provisions of this article shall be punishable
by a fine of not more than $250 or by imprisonment for not more than
15 days, or both. Each day's continuance of a violation after
notice shall be deemed a separate and distinct violation and shall
be punishable accordingly.
