S T A T E O F N E W Y O R K
________________________________________________________________________
7397--A
2015-2016 Regular Sessions
I N A S S E M B L Y
May 8, 2015
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Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Election Law -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the election law, in relation to registration require-
ments for a political action committee and prohibitive spending by
certain committees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 14-100 of the election law is amended by adding two
new subdivisions 15 and 16 to read as follows:
15. "INDEPENDENT EXPENDITURE COMMITTEE" MEANS A POLITICAL COMMITTEE
THAT: (A) MAKES ONLY INDEPENDENT EXPENDITURES AS DEFINED IN THIS ARTI-
CLE; (B) CONDUCTS ITS ACTIVITIES ENTIRELY INDEPENDENT OF CANDIDATES; AND
(C) HAS NOT BEEN AUTHORIZED BY, REQUESTED BY, SUGGESTED BY, FOSTERED BY,
OR OTHERWISE COOPERATED IN ANY WAY IN THE FORMATION OR OPERATION OF A
CANDIDATE'S CAMPAIGN, A CANDIDATE'S POLITICAL COMMITTEE, OR ANY OTHER
COMMITTEE THAT MAKES EXPENDITURES FOR OR ON BEHALF OF A POLITICAL PARTY
OR A CANDIDATE.
16. "POLITICAL ACTION COMMITTEE" MEANS 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 INCLUDING IN-KIND
CONTRIBUTIONS.
S 2. Section 14-112 of the election law, as amended by chapter 930 of
the laws of 1981, is amended to read as follows:
S 14-112. Political committee authorization statement. Any political
committee aiding or taking part in the election or nomination of any
candidate, other than [by making contributions] A POLITICAL ACTION
COMMITTEE, shall file, in the office in which the statements of such
committee are to be filed pursuant to this article, either a sworn veri-
fied statement by the treasurer of such committee that the candidate has
authorized the political committee to aid or take part in his election
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10666-02-5
A. 7397--A 2
or that the candidate has not authorized the committee to aid or take
part in his election.
S 3. Subdivision 1 of section 14-118 of the election law, as amended
by chapter 156 of the laws of 2010, 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 ACTION
committee which makes no expenditures, to aid or take part in the
election or defeat of a candidate, other than in the form of contrib-
utions, shall not be required to list the candidates being supported or
opposed by such committee. Such statement shall be signed by the treas-
urer 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 accepta-
ble by the state board. Only a banking organization authorized to do
business in this state may be designated a depository hereunder.
S 4. The election law is amended by adding a new section 14-107-a to
read as follows:
S 14-107-A. PROHIBITED SPENDING BY INDEPENDENT EXPENDITURE COMMITTEES
AND POLITICAL ACTION COMMITTEES. 1. AN INDEPENDENT EXPENDITURE COMMITTEE
SHALL NOT CONTRIBUTE TO ANY CANDIDATE, CONSTITUTED COMMITTEE, POLITICAL
COMMITTEE, OR POLITICAL PARTY.
2. A POLITICAL ACTION COMMITTEE SHALL NOT MAKE ANY INDEPENDENT EXPEND-
ITURES OR CONTRIBUTIONS TO ANY INDEPENDENT EXPENDITURE COMMITTEE.
S 5. Section 14-126 of the election law is amended by adding a new
subdivision 3-a to read as follows:
3-A. ANY PERSON WHO, ACTING AS OR ON BEHALF OF AN INDEPENDENT EXPENDI-
TURE COMMITTEE OR A POLITICAL ACTION COMMITTEE, KNOWINGLY AND WILLFULLY
VIOLATES SECTION 14-107-A OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL
PENALTY, UP TO ONE THOUSAND DOLLARS OR UP TO THE COST OF THE COMMUNI-
CATION, WHICHEVER IS GREATER, TO BE RECOVERABLE IN A SPECIAL PROCEEDING
OR CIVIL ACTION TO BE BROUGHT BY THE STATE BOARD OF ELECTIONS.
S 6. This act shall take effect immediately.