Senate Bill S6910

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

                                 6910--A
    Cal. No. 236

                            I N  S E N A T E

                            February 24, 2010
                               ___________

Introduced by Sens. ADDABBO, THOMPSON -- read twice and ordered printed,
  and  when  printed  to  be  committed to the Committee on Elections --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered to a third reading, passed by Senate and delivered to
  the Assembly, recalled, vote reconsidered, restored to third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

AN ACT to amend the election law, in relation  to  the  ability  of  the
  board  to  administratively  set  standards  for the change of mailing
  address and in relation to requiring a candidate to provide the  state
  board with depository information

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

  Section 1. Section 14-118  of  the  election  law,  subdivision  1  as
amended  by  chapter 70 of the laws of 1983, subdivision 2 as amended by
chapter 309 of the laws of 1984, and subdivision 3 as added by chapter 8
and as redesignated by chapter 9 of the laws of 1978, is amended to read
as follows:
  S 14-118. Treasurer and depository of political committee;  filing  of
name  and  address.  1. Every political committee shall have a treasurer
and a depository, and shall cause the treasurer to keep detailed,  bound
accounts  of  all receipts, transfers, loans, liabilities, contributions
and expenditures, made by the committee or any of its officers,  members
or agents acting under its authority or in its behalf. All such accounts
shall  be  retained  by  a treasurer for a period of five years from the
date of the filing of the final statement with respect to the  election,
primary  election  or  convention  to  which they pertain.   No officer,
member or agent of any political committee shall  receive  any  receipt,
transfer or contribution, or make any expenditure or incur any liability
until  the  committee  shall  have chosen a treasurer and depository and
filed their names in accordance with this subdivision.   There shall  be
filed  in  the  office  in  which  the committee is required to file its
statements under section 14-110 of this article, within five days  after
the  choice  of  a treasurer and depository, a statement giving the name

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD15925-03-0

S. 6910--A                          2

and address of the treasurer chosen, the name and address of any  person
authorized to sign checks by such treasurer, the name and address of the
depository  chosen and the candidate or candidates or ballot proposal or
proposals the success or defeat of which the committee is to aid or take
part;  provided, however, that such statement shall not be required of a
constituted committee and provided further that  a  political  committee
which  makes  no  expenditures,  to  aid or take part in the election or
defeat of a candidate, other than in the form  of  contributions,  shall
not  be  required  to  list the candidates being supported or opposed by
such committee. Such statement shall be signed by the treasurer and  all
other  persons  authorized to sign checks. Any change in the information
required in any statement shall be reported,  in  an  amended  statement
filed in the same manner and in the same office as an original statement
filed  under  this section, within two days after it occurs, EXCEPT THAT
ANY CHANGE TO THE MAILING ADDRESS ON ANY SUCH  STATEMENT  FILED  AT  THE
STATE  BOARD  MAY  ALSO  BE  MADE IN ANY MANNER DEEMED ACCEPTABLE BY THE
STATE BOARD. Only a banking organization authorized to  do  business  in
this state may be designated a depository hereunder.
  2.  No  candidate,  political  committee, or agent thereof may receive
from any one person an aggregate amount greater than one hundred dollars
except in the form of a check, draft or other instrument payable to  the
candidate,  political  committee  or treasurer and signed or endorsed by
the donor; except that such a candidate, political  committee  or  agent
may  receive  contributions  in amounts greater than one hundred dollars
which are made by credit card, provided that such  candidate,  political
committee  or  agent  preserves,  together with the other accounts which
such candidate, committee or agent is required to preserve  pursuant  to
the provisions of this article, a copy of the document which was submit-
ted  to  secure  payment  of  the funds so contributed. All such checks,
drafts or other instruments shall be deposited in  the  account  of  the
candidate  or  committee  in  the designated depository. No candidate or
political committee shall expend an amount  in  excess  of  one  hundred
dollars except by check drawn on the depository and signed by the candi-
date  or  person  authorized  to  sign checks by him or in the case of a
political committee, the treasurer or a person authorized to sign checks
by him.
  3. (A) Every candidate who receives or  expends  any  money  or  other
valuable  thing  or  incurs any liability to pay money or its equivalent
shall keep and retain detailed, bound accounts as provided  in  subdivi-
sion [a] ONE of this section.
  (B)  EVERY  CANDIDATE  REQUIRED  TO  FILE SWORN STATEMENTS PURSUANT TO
SUBDIVISION ONE OF SECTION 14-104 OF THIS ARTICLE, OTHER THAN  A  CANDI-
DATE  WHO  HAS  FILED A STATEMENT IN LIEU THEREOF AT OR BEFORE THE FIRST
FILING PERIOD AS SET FORTH IN THAT SECTION, SHALL FILE, IN THE OFFICE OR
OFFICES IN WHICH HE OR SHE IS REQUIRED TO FILE  HIS  OR  HER  STATEMENTS
UNDER  SECTION 14-110 OF THIS ARTICLE, ON A FORM PRESCRIBED BY THE STATE
BOARD FOR SUCH PURPOSES, A STATEMENT PROVIDING THE NAME AND  ADDRESS  OF
THE  DEPOSITORY AT WHICH THEY MAINTAIN THE ACCOUNTS FROM WHICH HE OR SHE
CONDUCTS HIS OR HER OWN CAMPAIGN FINANCIAL ACTIVITY.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law. The state board of elections is authorized to promul-
gate  any  and  all  rules  and  regulations and take any other measures
necessary to implement this act on or before its effective  date  on  or
before such date.