The New York State Senate

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

                                  4233

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 6, 2017
                               ___________

Introduced  by Sens. KRUEGER, SERRANO -- 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 14-134
to read as follows:
  § 14-134. DISPOSITION OF CAMPAIGN FUNDS. 1. A CANDIDATE  MAKING  THEIR
OWN  DISCLOSURES WITHOUT AN AUTHORIZED POLITICAL COMMITTEE OR THE TREAS-
URER OF A CANDIDATE'S AUTHORIZED POLITICAL COMMITTEE  SHALL  DISPOSE  OF
ALL  FUNDS  AND  TERMINATE  THEIR  FILING OBLIGATION WITH THE APPLICABLE
BOARD OF ELECTIONS WITHIN FOUR YEARS AFTER THE LATER OF (A) THE  END  OF
THE CANDIDATE'S MOST RECENT TERM OF OFFICE, (B) THE DATE OF THE ELECTION
IN  WHICH  THE CANDIDATE LAST APPEARED ON THE BALLOT, OR (C) THE DATE OF
THE ELECTION IN WHICH THE CANDIDATE LAST FILED TO SEEK POLITICAL OFFICE.
  2. ANY SUCH CANDIDATE OR SUCH CANDIDATE'S AUTHORIZED POLITICAL COMMIT-
TEE REQUIRED TO DISPOSE OF FUNDS PURSUANT TO THIS SECTION SHALL, AT  THE
OPTION  OF  THE CANDIDATE OR THE TREASURER OF SUCH COMMITTEE, 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 OF NEW YORK OR THE CITY
UNIVERSITY OF NEW YORK;
  (D) DONATING THE FUNDS TO THE STATE'S GENERAL FUND;
  (E) CONTRIBUTING THE FUNDS TO A CANDIDATE, PARTY, CONSTITUTED OR POLI-
TICAL COMMITTEE IN ACCORDANCE WITH  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.

                                                           LBD05170-01-7

S. 4233                             2

  3.  NO SUCH CANDIDATE OR SUCH CANDIDATE'S AUTHORIZED POLITICAL COMMIT-
TEE 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  FUNDS  SHALL  BE
DISPOSED  OF ACCORDING TO THIS SECTION WITHIN TWELVE MONTHS OF THE DEATH
OF SUCH PERSON.
  5. NOTWITHSTANDING ANY  INCONSISTENT  PROVISION  OF  THIS  SECTION,  A
CANDIDATE  MAKING  THEIR OWN DISCLOSURES WITHOUT AN AUTHORIZED POLITICAL
COMMITTEE OR THE TREASURER OF A CANDIDATE'S AUTHORIZED POLITICAL COMMIT-
TEE SHALL DISPOSE OF ALL FUNDS AND  TERMINATE  THEIR  FILING  OBLIGATION
WITH  THE APPLICABLE BOARD OF ELECTIONS WITHIN TWELVE MONTHS AFTER FINAL
STATE OR FEDERAL COURT AFFIRMANCE OF ANY FELONY CONVICTION AND  SENTENCE
OF  SUCH  CANDIDATE  ON  DIRECT REVIEW OR THE EXPIRATION OF THE TIME FOR
SEEKING SUCH REVIEW, PROVIDED, HOWEVER, THAT FUNDS MAY ONLY BE  DISPOSED
OF  IN ACCORDANCE WITH PARAGRAPH (A), (B), (C) OR (D) OF SUBDIVISION TWO
OF THIS SECTION.
  6. IF FUNDS ARE NOT DISPOSED OF  WITHIN  THE  TIME  REQUIRED  BY  THIS
SECTION,  SUCH FUNDS SHALL BE RECOVERABLE BY THE CHIEF ENFORCEMENT COUN-
SEL OF THE STATE BOARD OF ELECTIONS IN A  SPECIAL  PROCEEDING  IN  STATE
SUPREME COURT IN THE MANNER PRESCRIBED BY SECTION 16-116 OF THIS CHAPTER
AND DEPOSITED INTO THE STATE'S GENERAL FUND.
  §  2. This act shall take effect July 1, 2018, provided, however, that
where the applicable time frame for disposing of  funds  established  by
section  14-134  of the election law as added by section one of this act
has elapsed on such effective date, a candidate making their own disclo-
sures without an authorized political committee or the  treasurer  of  a
candidate's  authorized  political  committee shall dispose of all funds
and terminate their filing  obligation  with  the  applicable  board  of
elections within 12 months of such effective date.