senate Bill S420

2011-2012 Legislative Session

Requires an authorized continuing candidate committee for any individual to dispose of all funds within certain time frames

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2012 committee discharged and committed to rules
Feb 21, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to elections
May 02, 2011 defeated in elections
Mar 18, 2011 notice of committee consideration - requested
Jan 05, 2011 referred to elections

Votes

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May 2, 2011 - Elections committee Vote

S420
3
5
committee
3
Aye
5
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Elections Committee Vote: May 2, 2011

S420 - Bill Details

See Assembly Version of this Bill:
A9385
Current Committee:
Law Section:
Election Law
Laws Affected:
Add ยง14-132, El L
Versions Introduced in 2009-2010 Legislative Session:
S8256

S420 - Bill Texts

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Requires an authorized continuing candidate committee for any individual to dispose of all funds within certain time frames.

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BILL NUMBER:S420

TITLE OF BILL:

An act
to amend the election law, in relation to disposition of campaign funds

PURPOSE:

This bill amends Article 14 of the Election Law to require that
campaign funds are disposed of in a timely and appropriate manner
after a candidate leaves office.

SUMMARY OF PROVISIONS:

The Election Law is amended by adding a new section 14-132.

Subdivision one requires an authorized candidate committee to dispose
of all funds and close within four years after the end of a
candidate's term office or date of the election in which the
candidate was last filed, whichever is later.

Subdivision two requires a candidate or political committee, including
a committee formed to promote or defeat the passage of a ballot
amendment to dispose of funds by: (1) returning funds pro rata to
contributors; (2) donating the funds to a 501(c)(3) -designated
organization; (3) donating the funds to the state university; (4)
donating the funds to the state's general funds; (5) transferring the
funds to a political party committee; or (6) contributing the funds
to a candidate or political committee within the current
contribution limits.

Subdivision three bars the disposal of campaign funds for personal use.

Subdivision four requires that all funds be disposed of within twelve
months of the death of a candidate.

JUSTIFICATION:

This bill addresses how campaign funds are expended. Currently, New
York's election law, allowing candidates to spend campaign funds for
"any lawful purpose," is among the most lax in the nation. There is a
growing and justifiable public perception that campaign funds are
being used to enhance the post election lifestyles of candidates for
public office. The bill sets limits on how long campaign committees
can be maintained by former candidates. Reports of committees
continuing years after campaigns were ended are all too common. By
setting time limits and also specifying how excess funds can be
disbursed, this abuse will be eliminated.

FISCAL IMPLICATIONS:

None.

LEGISLATIVE HISTORY:

2010: S.8256


EFFECTIVE DATE:

This act shall take effect immediately.

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

                                   420

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law, in relation to disposition of campaign
  funds

  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 14-132
to read as follows:
  S 14-132. DISPOSITION OF CAMPAIGN FUNDS. 1. AN  AUTHORIZED  CONTINUING
CANDIDATE  COMMITTEE  FOR  ANY INDIVIDUAL SHALL DISPOSE OF ALL FUNDS AND
CLOSE WITHIN FOUR YEARS AFTER THE LATER OF (A) THE END OF  THE  INDIVID-
UAL'S  MOST  RECENT  TERM  OF OFFICE, OR (B) THE DATE OF THE ELECTION IN
WHICH THE INDIVIDUAL LAST WAS A FILED CANDIDATE.
  2. ANY CANDIDATE OR POLITICAL COMMITTEE REQUIRED TO DISPOSE  OF  FUNDS
PURSUANT  TO  THIS SECTION SHALL, AT THE OPTION OF THE CANDIDATE, OR THE
TREASURER OF A POLITICAL COMMITTEE FORMED SOLELY TO PROMOTE THE  PASSAGE
OR  DEFEAT  OF  A  BALLOT  PROPOSAL, DISPOSE OF SUCH FUNDS BY ANY OF THE
FOLLOWING MEANS, OR ANY COMBINATION THEREOF:
  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;
  C. DONATING THE FUNDS TO THE STATE UNIVERSITY;
  D. DONATING THE FUNDS TO THE STATE'S GENERAL FUND;
  E. TRANSFERRING THE FUNDS TO A POLITICAL  PARTY  COMMITTEE  REGISTERED
WITH THE STATE BOARD OF ELECTIONS; OR
  F.  CONTRIBUTING  THE FUNDS TO A CANDIDATE OR POLITICAL COMMITTEE SUCH
THAT THIS DOES NOT EXCEED THE LIMITS SET FORTH IN SECTION 14-114 OF THIS
ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00732-01-1

S. 420                              2

  3. NO CANDIDATE OR POLITICAL COMMITTEE SHALL DISPOSE OF CAMPAIGN FUNDS
BY MAKING EXPENDITURES FOR PERSONAL USE AS DEFINED IN SECTION 14-130  OF
THIS ARTICLE.
  4.  UPON THE DEATH OF A CANDIDATE, FORMER CANDIDATE OR HOLDER OF ELEC-
TIVE OFFICE, WHO  RECEIVED  CAMPAIGN  CONTRIBUTIONS,  ALL  CONTRIBUTIONS
SHALL  BE  DISPOSED OF ACCORDING TO THIS SECTION WITHIN TWELVE MONTHS OF
THE DEATH OF THE CANDIDATE.
  5. NOTWITHSTANDING THE REQUIREMENTS OF SUBDIVISION ONE OR TWO OF  THIS
SECTION,  AN  AUTHORIZED CONTINUING CANDIDATE COMMITTEE SHALL DISPOSE OF
ALL FUNDS AND CLOSE WITHIN TWELVE MONTHS AFTER A FELONY CONVICTION OF  A
CANDIDATE WHO AUTHORIZED SUCH CANDIDATE COMMITTEE ACCORDING TO PARAGRAPH
A, B, C OR D OF SUBDIVISION TWO OF THIS SECTION.
  S 2. This act shall take effect immediately.

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