Assembly Bill A8693

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

                                  8693

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2009
                               ___________

Introduced by M. of A. STIRPE -- read once and referred to the Committee
  on Election Law

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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11907-01-9
              

A. 8693                             2

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.