LEC Guidelines for Public Service Announcements
Public Officers Law Section 73(b):
(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.
Members of the legislature may not appear in advertisements (PSAs) where the funding that is being used to pay for the broadcast is coming from government funds.
Members should seek guidance from the LEC if asked to appear in a Public Service Announcement – the LEC will communicate with the member and/or the entity producing the PSA to ensure that there are no Public Officers Law Section 73-b or Public Officers Law Section 74(3)(d) conflicts before members commit to appearances.
COELIG Regulations: (90 Day Blackout period) (General and Primary Elections)
940.5 Appearance by a Covered Official in a Public Service Announcement in the Ninety Days Prior to an Election.
a. Notwithstanding any other provision of this Part, a determination made pursuant to the provisions of Executive Law §§94(13), (14) that a Covered Official knowingly and intentionally Appeared in a Public Service Announcement that, with the knowledge that such Public Service Announcement would be Published in the ninety calendar days prior to any election in which the Covered Official was a Candidate, shall be a violation of Public Officers Law §74(3)(d), in addition to any other applicable provisions, and subject the Covered Official to the penalties contained therein.
Members may not knowingly appear in Public Service Announcements, regardless of who is funding the announcement, if that announcement is being published or broadcast within 90 days of an election (either primary or general) –
COELIG has established such appearance to be a violation of Public Officers Law Section 74(3)(d):
d. No officer or employee of a state agency, member of the legislature or legislative employee should use or attempt to use his or her official position to secure unwarranted privileges or exemptions for himself or herself or others, including but not limited to, the misappropriation to himself, herself or to others of the property, services or other resources of the state for private business or other compensated nongovernmental purposes.
In addition – a member should NEVER knowingly appear in a commercial advertisement for a business – such appearance could also considered Public Officers Law Section 74(3)(d) violation.
If you have questions on PSA's or other appearances, please call your conference counsel or the Legislative Ethics Commission.