senate Bill S2463

Directs state board of elections to contract with certified public accountancy firm to audit 3% of the candidates who run for state legislature during general election

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 21 / Jan / 2011
    • REFERRED TO ELECTIONS
  • 04 / Jan / 2012
    • REFERRED TO ELECTIONS

Summary

Enacts the "clean campaign finance act"; directs the state board of elections to contract with a certified public accountancy firm to review and audit a randomly selected 3% of the candidates who run for the state legislature during each general election; such review and audit shall analyze each candidate's compliance with the provisions of the election law.

do you support this bill?

Bill Details

Versions:
S2463
Legislative Cycle:
2011-2012
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Add ยง3-112, El L
Versions Introduced in 2009-2010 Legislative Cycle:
S6973

Sponsor Memo

BILL NUMBER:S2463

TITLE OF BILL:
An act
to amend the election law, in relation to directing the state board of
elections to contract with a certified public accountancy firm for the
audit and review of the campaign receipts and expenditures of three
percent of the candidates for election to the state legislature

PURPOSE:
The purpose of this bill is to improve oversight over campaign finance.

SUMMARY OF PROVISIONS:
Section 1. Adds a section 3-112 to election law that would call for
the review and audit of certain candidates for state legislative
seats. The state board of elections will contract with the lowest
responsible bidder which meets all requirements set by the board to
be the designated certified public accountancy agency by December 1st
of each even numbered year. CPA firms will be ineligible for bidding
if they have been selected in the previous five years to ensure
proper rotation. On or before January 10th of each odd numbered year
the state board of elections shall conduct a public lottery selecting
not less than three percent of all candidates whose names appeared on
the general election ballot for election to the state legislature.
The selected CPA firm shall audit and review for compliance the
selected candidates and submit a report with findings to the state
board of elections on or before June 1st of the same odd numbered year.

Section 2. Sets the effective date as the first of July next
succeeding the date on which it shall become a law.

JUSTIFICATION:
Modeled after a similar law in Pennsylvania, this bill is being
introduced to improve oversight over campaign finance by introducing
an outside, independent professional review to the state legislative
election process. This bill will help ensure compliance with the
state's election laws and allow a more transparent view of the
election process to the citizens of New York.

LEGISLATIVE HISTORY:
2010: S.6973 - Referred to Elections

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect July 1st next Succeeding the date it
becomes law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2463

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 21, 2011
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law, in relation  to  directing  the  state
  board  of  elections  to  contract with a certified public accountancy
  firm for the audit and review of the campaign  receipts  and  expendi-
  tures  of  three  percent  of the candidates for election to the state
  legislature

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.   Short title. This act shall be known and may be cited as
the "clean campaign finance act".
  S 2.  The election law is amended by adding a  new  section  3-112  to
read as follows:
  S  3-112.  REVIEW  AND  AUDIT  OF  COMPLIANCE WITH ARTICLE FOURTEEN OF
CANDIDATES FOR ELECTION TO THE STATE LEGISLATURE. 1. ON  OR  BEFORE  THE
FIRST  OF  DECEMBER  OF  EACH  EVEN  NUMBERED  YEAR,  THE STATE BOARD OF
ELECTIONS SHALL CONTRACT WITH A CERTIFIED  PUBLIC  ACCOUNTANCY  FIRM  TO
CONDUCT  A  REVIEW  AND  AUDIT OF CERTAIN CANDIDATES FOR ELECTION TO THE
STATE LEGISLATURE. SUCH CONTRACT SHALL BE AWARDED TO THE LOWEST  RESPON-
SIBLE  BIDDER WHICH MEETS ALL THE REQUIREMENTS OF SUCH BOARD'S SOLICITA-
TION FOR BIDS; PROVIDED, HOWEVER, NO CERTIFIED PUBLIC  ACCOUNTANCY  FIRM
SHALL  BE AWARDED SUCH CONTRACT IF IT HAS BEEN AWARDED A CONTRACT PURSU-
ANT TO THIS SUBDIVISION IN THE PREVIOUS FIVE YEARS.
  2. ON OR BEFORE THE TENTH DAY OF JANUARY OF EACH  ODD  NUMBERED  YEAR,
THE  STATE BOARD OF ELECTIONS SHALL SELECT BY LOTTERY, AT A PUBLIC DRAW-
ING, NOT LESS THAN THREE PERCENT  OF  ALL  THE  CANDIDATES  WHOSE  NAMES
APPEARED  ON  THE  BALLOT  FOR  ELECTION TO THE STATE LEGISLATURE AT THE
IMMEDIATELY PRECEDING GENERAL ELECTION.
  3. THE CERTIFIED PUBLIC ACCOUNTANCY FIRM SHALL REVIEW  AND  AUDIT  ALL
STATEMENTS  FILED  PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER BY THOSE
CANDIDATES SELECTED PURSUANT TO SUBDIVISION TWO  OF  THIS  SECTION,  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07302-01-1

S. 2463                             2

THOSE OF ANY COMMITTEES AUTHORIZED AND CREATED SOLELY FOR THE PURPOSE OF
INFLUENCING  THE GENERAL ELECTION ON BEHALF OF SUCH CANDIDATES. IN ADDI-
TION, THE FIRM, TO THE EXTENT PRACTICABLE, SHALL REVIEW EACH SUCH CANDI-
DATE'S  AND  COMMITTEE'S  COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER
DURING THE COURSE OF HIS OR HER  CAMPAIGN  FOR  ELECTION  TO  THE  STATE
LEGISLATURE.
  4.  THE CERTIFIED PUBLIC ACCOUNTANCY FIRM SHALL CONDUCT ITS REVIEW AND
AUDIT OF CANDIDATES IN ACCORD WITH SOUND ACCOUNTING PRINCIPLES.
  5. ON OR BEFORE THE FIRST OF JUNE DURING EACH ODD NUMBERED  YEAR,  THE
CERTIFIED  PUBLIC  ACCOUNTANCY  FIRM SHALL SUBMIT, TO THE STATE BOARD OF
ELECTIONS, A REPORT ON THE REVIEW AND AUDIT RELATING TO  EACH  CANDIDATE
SELECTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
  S  3.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.