Senate Bill S4233

                            
 
                     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.