S T A T E O F N E W Y O R K
________________________________________________________________________
3393
2013-2014 Regular Sessions
I N A S S E M B L Y
January 25, 2013
___________
Introduced by M. of A. RABBITT, McDONOUGH, HAWLEY -- read once and
referred to the Committee on Election Law
AN ACT to amend the election law, in relation to authorizing the treas-
urer of a political committee to freeze funds upon indictment of a
state or local public official
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 is amended by adding a
new subdivision 4 to read as follows:
4. UPON THE INDICTMENT OF A STATE OR LOCAL PUBLIC OFFICIAL AND PENDING
A DISPOSITION OR A RESOLUTION BY ADJUDICATION, THE TREASURER SHALL
FREEZE ALL FUNDS LOCATED IN THE ACCOUNT OR ACCOUNTS OF THE CANDIDATE OR
COMMITTEE IN THE DESIGNATED DEPOSITORY. IF SUCH PUBLIC OFFICIAL IS
CONVICTED AND CONSEQUENTLY REMOVED FROM PUBLIC OFFICE, SUCH FUNDS SHALL
BE REFUNDED TO ALL KNOWN DONORS. ANY REMAINING FUNDS SHALL BE RELEASED
TO THE APPROPRIATE COUNTY BOARD OF ELECTIONS FOR THE PURPOSE OF OFFSET-
TING THE COST OF A SPECIAL ELECTION, TO BE HELD FOR THE PURPOSE OF
ELECTING A SUCCESSOR FOR THE VACANT POSITION. IF A PUBLIC OFFICIAL IS
ACQUITTED OF ALL CHARGES OR SUCH CHARGES ARE DISMISSED, THE TREASURER
SHALL REMOVE THE FREEZE ON SUCH FUNDS AND SHALL RELEASE SUCH FUNDS TO
THE COMMITTEE.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05426-01-3