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Assembly Bill A4893

2011-2012 Legislative Session

Provides for the forfeiture of unspent campaign funds after conviction and resignation of the elected official

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Archive: Last Bill Status - In Assembly Committee

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2011-A4893 (ACTIVE) - Details

Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Add ยง14-131, El L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3020
2013-2014: A219
2015-2016: A5924

2011-A4893 (ACTIVE) - Summary

Provides for the forfeiture of unspent campaign funds after conviction and resignation of the elected official.

2011-A4893 (ACTIVE) - Bill Text download pdf 

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

                                  4893

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2011
                               ___________

Introduced by M. of A. KAVANAGH, MOLINARO, CALHOUN, KOLB, GALEF, CASTEL-
  LI,  COLTON,  McLAUGHLIN,  SPANO  --  Multi-Sponsored  by  -- M. of A.
  BROOK-KRASNY, CORWIN, FINCH, MAGEE,  MAYERSOHN,  McKEVITT,  P. RIVERA,
  TOWNS,  WRIGHT  -- read once and referred to the Committee on Election
  Law

AN ACT to amend the election law, in relation to forfeiture  of  unspent
  campaign  funds  after  criminal  conviction  and  resignation  of the
  elected official

  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. CONTRIBUTION FUNDS; FORFEITURE AFTER CRIMINAL CONVICTION. 1.
ALL CONTRIBUTIONS RECEIVED BY AN ELECTED CANDIDATE  FOR  PUBLIC  OFFICE,
WHO IS CHARGED WITH A CRIME, SHALL BE SUBJECT TO IMMEDIATE AUDIT AND ANY
UNSPENT  CONTRIBUTIONS  SHALL  BE SUBJECT TO FORFEITURE PROCEEDINGS UPON
CONVICTION OR RESIGNATION OF SUCH ELECTED CANDIDATE.
  2. THE ATTORNEY GENERAL, OR DISTRICT ATTORNEY OF  THE  COUNTY  WHEREIN
THE  ELECTION  OCCURRED, SHALL HAVE SUBJECT MATTER JURISDICTION OVER THE
FORFEITURE PROCEEDINGS. TO THE  EXTENT  APPLICABLE,  THE  PROCEDURES  OF
ARTICLE  THIRTEEN-A OF THE CIVIL PRACTICE LAW AND RULES SHALL GOVERN THE
PROCEEDINGS AND ACTIONS UNDER THIS SECTION.
  3. THE COMPTROLLER SHALL RECEIVE ANY FORFEITED  UNSPENT  CONTRIBUTIONS
AND  TO  THE EXTENT PRACTICABLE, RETURN SUCH FUNDS TO THE PRIVATE SOURCE
OF SUCH FUNDS. IN THE CASE OF  ANY  UNSPENT  PUBLIC  CONTRIBUTIONS,  THE
UNSPENT  CONTRIBUTIONS  SHALL  BE  RETURNED  TO  THE APPLICABLE ELECTION
CAMPAIGN FINANCE FUND.
  2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07325-01-1

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