senate Bill S1162

Provides that remaining campaign accounts be transferred to the state treasury after death of a candidate

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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

  • 09 / Jan / 2013
    • REFERRED TO ELECTIONS
  • 08 / Jan / 2014
    • REFERRED TO ELECTIONS

Summary

Provides that upon the death of a candidate, former candidate or holder of elective office, remaining campaign accounts be transferred to the state treasury unless a charitable organization has been designated to receive such moneys.

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Bill Details

Versions:
S1162
Legislative Cycle:
2013-2014
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Add ยง14-131, El L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1163
2009-2010: S6259

Sponsor Memo

BILL NUMBER:S1162

TITLE OF BILL:
An act
to amend the election law, in relation to providing that campaign
accounts be transferred to the state treasury upon death of a candidate

PURPOSE OR GENERAL IDEA OF BILL:
Provides that remaining campaign accounts be transferred to the state
treasury after the death of a candidate unless previous arrangements
have been made to have the funds donated to a charity of the
candidate's choice upon his or her death.

SUMMARY OF SPECIFIC PROVISIONS:

Section one (1) requires the disposal of campaign funds to the state
comptroller (2) requires the treasurer of said political committee to
notify the board of elections within 30 days of the candidates death
(3) allows said candidate to designate a charitable organization to
receive the balance of any monies.

Section 2 provides that this act shall take effect 60 days after it
has become law.

JUSTIFICATION:
In August 2009, it was revealed that the widow of the late Senator Ron
Stafford had been making contributions to various charities and
campaign committees from the "Committee to Re-elect Stafford"
account. Since his death in 2005, Kay Stafford has doled out
approximately $60,000. Kay Stafford is a long time lobbyist with CMA
Consulting Services.

These contributions are known as "ghost" contributions. Currently,
there is no statute in New York state law addressing the disposition
of funds when someone with a campaign account passes away. This bill
clearly states who would inherit control of the money and where the
money is permitted to go, post mortem. This area of law needs to be
clearly defined.

PRIOR LEGISLATIVE HISTORY:
2011/2012: A.898/S.1163 Remained in the Senate Committee on Elections
and the Assembly Committee on Election Law
2010: A.11517/S.6259

FISCAL IMPLICATIONS: None to the State

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law; provided, however, that this act shall apply to
contributions received after such effective date; and provided,
further, that the state board of elections shall notify all

registered campaign committees of the applicable provisions of this
act within thirty days after this act shall have become a law.

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

                                  1162

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. BRESLIN, HASSELL-THOMPSON, KRUEGER, PARKER -- 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 providing that campaign
  accounts  be  transferred to the state treasury upon death of a candi-
  date

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

  Section  1. The election law is amended by adding a new section 14-131
to read as follows:
  S 14-131. REQUIRED DISPOSAL OF CAMPAIGN FUNDS. 1. UPON THE DEATH OF  A
CANDIDATE,  FORMER  CANDIDATE OR HOLDER OF ELECTIVE OFFICE, WHO RECEIVED
CAMPAIGN CONTRIBUTIONS, ANY MONEYS REMAINING IN THE ACCOUNT OF  A  POLI-
TICAL  COMMITTEE  FORMED  FOR  THE PURPOSE OF PROMOTING OR ELECTING SUCH
CANDIDATE NOT OTHERWISE DUE AND OWED TO ANY PARTY SHALL BE PAID OVER  TO
THE  COMPTROLLER  OF  THE  STATE  OF NEW YORK FOR DEPOSIT IN THE GENERAL
TREASURY OF THE STATE.
  2. THE TREASURER OF A POLITICAL COMMITTEE SHALL NOTIFY THE STATE BOARD
OF ELECTIONS UPON THE DEATH OF A CANDIDATE, FORMER CANDIDATE  OR  HOLDER
OF  ELECTIVE  OFFICE.  SUCH NOTICE SHALL BE FILED IN THE OFFICE IN WHICH
THE COMMITTEE IS REQUIRED TO FILE STATEMENTS  UNDER  SECTION  14-110  OF
THIS ARTICLE, WITHIN THIRTY DAYS OF THE DEATH OF SUCH PERSON.
  3.  NOTWITHSTANDING  SUBDIVISION  ONE  OF  THIS  SECTION, A CANDIDATE,
FORMER CANDIDATE OR HOLDER OF ELECTIVE OFFICE MAY, AT ANY  TIME,  DESIG-
NATE  A  CHARITABLE  ORGANIZATION  TO  RECEIVE THE BALANCE OF ANY MONEYS
REMAINING IN THE ACCOUNT OF A POLITICAL COMMITTEE FORMED FOR THE PURPOSE
OF PROMOTING OR ELECTING SUCH CANDIDATE UPON THE DEATH OF SUCH PERSON BY
FILING A NOTICE TO THAT EFFECT WITH THE STATE BOARD  OF  ELECTIONS.  THE
STATE  BOARD  OF  ELECTIONS  SHALL DEVELOP A FORM FOR SUCH PURPOSE. IF A
CHARITABLE ORGANIZATION DESIGNATED BY A CANDIDATE UNDER THIS SECTION  IS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01627-01-3

S. 1162                             2

NO LONGER IN EXISTENCE UPON THE DEATH OF SUCH PERSON THEN SUCH REMAINING
MONEYS  SHALL  BE PAID INTO THE GENERAL TREASURY OF THE STATE IN ACCORD-
ANCE WITH THIS SECTION.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided, however,  that  this  act  shall  apply  to
contributions received after such effective date; and provided, further,
that  the  state board of elections shall notify all registered campaign
committees of the applicable provisions of this act within  thirty  days
after this act shall have become a law.

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