Assembly Bill A10391

2009-2010 Legislative Session

Allows the board of elections to set standards for the change of mailing address and requires a candidate to provide depository information

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Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 08, 2010	enacting clause stricken
Mar 23, 2010	referred to election law

2009-A10391 (ACTIVE) - Details

See Senate Version of this Bill:: S6910
Law Section:: Election Law
Laws Affected:: Amd §14-118, El L

2009-A10391 (ACTIVE) - Summary

Allows the board of elections to administratively set standards for the change of mailing address and requires a candidate to provide the board with depository information.

2009-A10391 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10391

TITLE OF BILL:  An act to amend the election law, in relation to the
ability of the state board of elections to administratively set stand-
ards for the change of mailing address and requiring a candidate to
provide such board with depository information

PURPOSE: The bill allows the boards of elections to determine how chang-
es to mailing addresses of political committee financial statements
should be made to promote administrative efficiency. Also, the bill
requires candidates who are required to file campaign financial activity
disclosure reports, to provide the name and address of the depository
where they maintain the accounts from which they conduct their campaign
financial activity.

SUMMARY OF PROVISIONS:  Section 1 of the bill amends Election Law
section 14-118, subdivision 1 to provide that any change to the mailing
address on a political committee financial statement filed with the
state board of elections may be made in any manner the state board deems
acceptable.

Section 2 of the bill amends Election Law section 14-118, subdivision 3
to provide that candidates who are required to file statements of
campaign receipts and expenditures by or on behalf of a candidate must
also file, in the office where those statements are required to be
filed, a statement of the name and address of the depository where they

maintain the account(s) from which they conduct their own campaign
financial activity.

Section 3 of the bill sets forth the effective date.

JUSTIFICATION:  The current law requires changes in registration docu-
ments to be made in the same manner that the initial document was filed,
namely with a subsequent original document.

The State Board of Elections believes that allowing changes of address
to be made by other methods (e.g. by telephone, email, or fax) would be
reliable and would ease the process for committee treasurers and the
Board. This would also enable the Board to maintain current contact
information, and reduce the amount of returned mail, thereby signif-
icantly reducing the administrative time and expense necessary to proc-
ess and correct returned mail.

Committees that file financial activity disclosure reports must maintain
a bank account, and disclose to the boards of elections the name and
address of the bank, but this is not required of candidates who are
required to file financial activity disclosure reports.

Requiring candidates to provide the name and address of the bank used
for campaign financial activity would make the law consistent in the
treatment of campaign financial activity accounts.

This legislation was requested by the State Board of Elections in its
2010 Election Law Proposals (SBE 10-07).

LEGISLATIVE HISTORY: New bill in the Assembly; same as S6910 (Addabbo).

FISCAL IMPACT ON THE STATE:  None to the State. Some cost savings are
anticipated.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it
becomes law.

2009-A10391 (ACTIVE) - Bill Text download pdf

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

                                  10391

                          I N  A S S E M B L Y

                             March 23, 2010
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Election Law

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

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

  Section  1.  Subdivision  1  of section 14-118 of the election law, as
amended by chapter 70 of the  laws  of  1983,  is  amended  to  read  as
follows:
  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 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

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

                                                           LBD15925-02-0

A. 10391                            2

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 WITH THE
STATE BOARD OF ELECTIONS MAY ALSO BE MADE IN ANY MANNER DEEMED  ACCEPTA-
BLE  BY  THE  STATE  BOARD  OF  ELECTIONS.   Only a banking organization
authorized to do business in this state may be designated  a  depository
hereunder.
  S  2. Subdivision 3 of section 14-118 of the election law, as added by
chapter 8 of the laws of 1978 and as redesignated by chapter  9  of  the
laws of 1978, is amended to read as follows:
  3. A. Every candidate who receives or expends any money or other valu-
able  thing or incurs any liability to pay money or its equivalent shall
keep and retain detailed, bound accounts as provided in subdivision  [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  SUCH  SUBDIVISION,  SHALL  FILE,  IN  THE
OFFICE  OR  OFFICES  IN  WHICH  HE OR SHE IS REQUIRED TO FILE HIS OR HER
STATEMENT UNDER SECTION 14-110 OF THIS ARTICLE, ON A FORM PRESCRIBED  BY
THE  STATE  BOARD  OF ELECTIONS FOR SUCH PURPOSES, A STATEMENT PROVIDING
THE NAME AND ADDRESS OF  THE  DEPOSITORY  AT  WHICH  THEY  MAINTAIN  THE
ACCOUNT OR ACCOUNTS FROM WHICH THEY CONDUCT THEIR OWN CAMPAIGN FINANCIAL
ACTIVITY.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that  effective  immediately,  the
addition, amendment and/or repeal of any rule or regulation by the state
board  of  elections necessary for the implementation of this act on its
effective date are authorized and directed to be made and  completed  on
or before such effective date.

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Assembly Bill A10391

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Archive: Last Bill Status - Stricken

Actions

2009-A10391 (ACTIVE) - Details

2009-A10391 (ACTIVE) - Summary

2009-A10391 (ACTIVE) - Sponsor Memo

2009-A10391 (ACTIVE) - Bill Text download pdf

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Sponsored By

KAVANAGH

Archive: Last Bill Status - Stricken

Actions

2009-A10391 (ACTIVE) - Details

2009-A10391 (ACTIVE) - Summary

2009-A10391 (ACTIVE) - Sponsor Memo

2009-A10391 (ACTIVE) - Bill Text download pdf

Comments