S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4314
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced  by  M. of A. STECK, GONZALEZ-ROJAS, WOERNER -- read once and
   referred to the Committee on Election Law
 
 AN ACT to amend the election law, in  relation  to  the  disposition  of
   campaign funds raised by an elected official who has been convicted of
   a  crime  committed  while  in public office or has been impeached and
   convicted or has resigned
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 14-132 of the election law is amended by adding a
 new subdivision 1-a to read as follows:
   1-A. NO ELECTED OFFICIAL WHO HAS BEEN CONVICTED OF A  CRIME  COMMITTED
 WHILE  IN PUBLIC OFFICE, OR WHO HAS BEEN IMPEACHED AND CONVICTED, OR WHO
 RESIGNED HIS OR HER PUBLIC  OFFICE  FOLLOWING  FINDINGS  BY  EITHER  THE
 ATTORNEY GENERAL OR A COMMITTEE OF THE LEGISLATURE THAT THE OFFICIAL HAS
 VIOLATED THE LAW, SHALL EXPEND ANY CAMPAIGN FUNDS RAISED WHILE HE OR SHE
 HELD  SUCH  SAME  PUBLIC  OFFICE  IN SUPPORT OF ANY CANDIDATE FOR PUBLIC
 OFFICE OR ANY ISSUE IN ANY CAMPAIGN FOR PUBLIC  OFFICE  IN  THIS  STATE.
 PROVIDED,  HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL PROHIBIT SUCH
 FORMER OFFICEHOLDER FROM RAISING AND SPENDING MONEY IN SUPPORT OF  POLI-
 TICAL  ACTIVITIES IN AN ACCOUNT THAT DID NOT EXIST AT THE TIME HE OR SHE
 HELD OFFICE, UNLESS BARRED FROM DOING SO BY ANY SENTENCE FOR A CRIME  OR
 IMPEACHABLE  OFFENSE.  WHERE SUCH ELECTED OFFICIAL OR ELECTED OFFICIAL'S
 AUTHORIZED COMMITTEE RECEIVED CAMPAIGN  CONTRIBUTIONS,  ALL  SUCH  FUNDS
 SHALL  BE  DISPOSED OF BY ANY OF THE FOLLOWING MEANS, OR ANY COMBINATION
 THEREOF, WITHIN TWO YEARS OF CONVICTION OR RESIGNATION:
   (A) RETURNING, PRO RATA, TO EACH CONTRIBUTOR THE FUNDS THAT  HAVE  NOT
 BEEN SPENT OR OBLIGATED;
   (B)  DONATING  THE FUNDS TO A CHARITABLE ORGANIZATION OR ORGANIZATIONS
 THAT MEET THE QUALIFICATIONS OF SECTION 501(C)(3) OF THE INTERNAL REVEN-
 UE CODE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06052-01-3
 A. 4314                             2
              

 
   (C) DONATING THE FUNDS TO THE STATE UNIVERSITY OF NEW YORK OR THE CITY
 UNIVERSITY OF NEW YORK; OR
   (D) DONATING THE FUNDS TO THE STATE'S GENERAL FUND.
   §  2. Subdivision 2 of section 14-132 of the election law, as added by
 section 2 of part C of chapter 286 of the laws of 2016,  is  amended  to
 read as follows:
   2. No [such candidate's] authorized political committee ON BEHALF OF A
 CANDIDATE  AS  DESCRIBED  BY  SUBDIVISION ONE OF THIS SECTION OR ELECTED
 OFFICIAL DESCRIBED BY SUBDIVISION ONE-A OF THIS SECTION shall dispose of
 campaign funds by making expenditures for personal  use  as  defined  in
 section 14-130 of this article.
   § 3. This act shall take effect immediately.