senate Bill S588

Alters provision respecting filing of campaign financial disclosure statements

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Bill Status


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

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

Summary

Broadens requirements with respect to campaign disclosure statements to require expenditures of $5,000 or more incurred in the final 10 days of an election to be reported within 24 hours to the Board of Elections and requires such statements to be filed in person or sent by express mail; also requires that all filings made during the final 15 day period prior to an election should be filed in person or sent by express mail.

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Bill Details

See Assembly Version of this Bill:
A5875
Versions:
S588
Legislative Cycle:
2011-2012
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd ยง14-108, El L
Versions Introduced in 2009-2010 Legislative Cycle:
S472, A504

Sponsor Memo

BILL NUMBER:S588

TITLE OF BILL:
An act
to amend the election law, in relation to the manner of filing of
campaign financial disclosure statements

PURPOSE:
To require that last-minute campaign expenditures in excess of $5,000,
be disclosed to the Board of Elections within 24 hours. This bill
would also require any statements that are required to be filed in
the final 15 days preceding an election day to be done so in person
or by express mail.

SUMMARY OF PROVISIONS:
The bill amends Section 14-108 subdivision 2 to require that all
candidates and campaign committees report campaign expenditures or
liabilities in excess of $5,000 incurred in the final 10 days
preceding an election, to the Board of Elections within 24 hours.
Under current law, only contributions in excess of $1,000 are subject
to a 24 hour reporting requirement in the final 10 days preceding an
election. The bill also amends Section 14-108 subdivision 6 to
require that all campaign financial disclosure filings made during
the final 15 day period prior to an election, be filed in person or
by express mail to assure prompt delivery and dissemination.
Currently, such filings are allowed to be made by first class mail.

JUSTIFICATION:
Current state regulations require the final pre-election campaign
financial disclosure statement to be filed 11 days prior to election
day (9 NYCRR Sec. 6200.2). However, many candidates file their
statements using first-class mail and deem it filed when it is
postmarked. Depending on where the candidates are filing from, the
statement can take one or more days to reach the State Board of
Elections in Albany. While the statement makes its way through the
mail, important contributor and campaign expenditure information is
unavailable to the public. This bill would ensure prompt public
disclosure and access to this important campaign fund information.

LEGISLATIVE HISTORY:
2009-2010: S.472/A.504 Remained in the Senate Committee on
Elections/Assembly Committee on Election Law
2007-2008: S.735 Remained in the Senate Committee on Elections
2005-2006: S.219 Remained in the Senate Committee on Elections
2003-2004: S.3261 Remained in the Senate Committee on Elections

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                   588

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. BRESLIN, ADAMS, DUANE, KRUEGER, SAMPSON, STAVISKY --
  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 the manner of filing of
  campaign financial disclosure statements

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

  Section  1.  Subdivision  2  of section 14-108 of the election law, as
amended by chapter 109 of the laws  of  1997,  is  amended  to  read  as
follows:
  2.  Each  statement  shall  cover  the  period up to and including the
fourth day next preceding the day  specified  for  the  filing  thereof;
provided,  however, that any contribution or loan in excess of one thou-
sand dollars OR ANY  LIABILITY  INCURRED  IN  EXCESS  OF  FIVE  THOUSAND
DOLLARS,  if  received  OR  INCURRED after the close of the period to be
covered in the last statement  filed  before  any  primary,  general  or
special  election  but  before  such election, shall be reported, in the
same manner as  other  contributions,  within  twenty-four  hours  after
receipt.
  S  2.  Subdivision 6 of section 14-108 of the election law, as amended
by chapter 323 of the laws of 1977 and as redesignated by chapter  9  of
the laws of 1978, is amended to read as follows:
   6.    A statement shall be deemed properly filed when deposited in an
established post-office within the prescribed time, duly stamped, certi-
fied and directed to the officer with whom or to the  board  with  which
the  statement  is  required  to  be  filed,  but in the event it is not
received, a duplicate of such statement shall  be  promptly  filed  upon
notice  by such officer or such board of its non-receipt. ALL STATEMENTS
REQUIRED TO BE FILED IN THE FIFTEEN DAYS BEFORE ANY  ELECTION  SHALL  BE
FILED IN PERSON OR SENT BY EXPRESS MAIL.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00049-01-1

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