NY State Senate Bill 2017-S26

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 04, 2018	reported and committed to rules
Mar 19, 2018	notice of committee consideration - requested
Jan 03, 2018	referred to elections
May 01, 2017	defeated in elections
Mar 10, 2017	notice of committee consideration - requested
Jan 04, 2017	referred to elections

Votes

- Jun 4, 2018 - Elections Committee Vote
  S26
  
  Aye
  
  4
  
  Nay
  
  4
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Elections Committee Vote: Jun 4, 2018
      
      aye (4)
      
      Avella
      
      Dilan
      
      Kavanagh
      
      Krueger
      
      nay (4)
      
      Akshar
      
      Gallivan
      
      Marchione
      
      Tedisco
      
      aye wr (1)
      
      Amedore
  May 1, 2017 - Elections Committee Vote
  S26
  
  Aye
  
  4
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Elections Committee Vote: May 1, 2017
      
      aye (4)
      
      Avella
      
      Comrie
      
      Dilan
      
      Krueger
      
      nay (5)
      
      Akshar
      
      Amedore
      
      Gallivan
      
      Marchione
      
      Tedisco

co-Sponsors

View additional co-sponsors

2017-S26 (ACTIVE) - Details

See Assembly Version of this Bill:: A4072
Current Committee:: Senate Rules
Law Section:: Election Law
Laws Affected:: Add §6-170, amd §12-106, El L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8217
2019-2020: S32

2017-S26 (ACTIVE) - Summary

Enacts the "tax returns uniformly made public act".

2017-S26 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S26

 TITLE OF BILL :  An act to amend the election law, in relation to
enacting the "tax returns uniformly made public act"

 SUMMARY OF PROVISIONS :

Section 1 of the bill states that the act shall be known and may be
cited as the "tax returns uniformly made public act."

Section 2 of the bill amends the election law by adding a new section
6-170. This new section would require candidates for United States
president and vice president to file copies of their last five federal
income tax returns with the New York State Board of Elections (BOE) no
later than 50 days prior to the general election in which they wish to
run.

The BOE would have seven days after receipt of such income tax returns
to redact them as deemed appropriate and make them publicly available
on the BOE website.

Candidates who fail to comply with these requirements shall not appear
on official ballot for the general election.

Section 3 of the bill amends section 12-106 of the election law to
state that no elector representing New York State in the Electoral

College shall vote for any person subject to the requirements of
section 6-170 who fails to comply with such requirements.

Section 4 of the bill is the effective date.

 JUSTIFICATION :

Until the 2016 presidential election, every president since Jimmy
Carter has disclosed at least one year worth of tax returns before
taking office. The practice of releasing tax returns has become a
political norm over the past four decades for an important reason:
American presidential candidates should be held to a higher standard
of transparency.

Tax returns give the American people important insight into a
candidate's financial standing and shines a light on potential
conflicts-of-interest. How much does the candidate earn, and from
whom? Are they paying a higher or lower overall tax rate than the
average American? To whom do they owe money? Have they utilized
loopholes in tax laws to avoid or evade paying taxes?

These are especially important questions for voters to learn before an
election, because unlike members of Congress and federal appointees,
presidents are largely exempt from conflicts-of-interest laws.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S26 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    26
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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  enacting  the  "tax
   returns uniformly made public act"

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "tax returns uniformly made public act".
   § 2. The election law is amended by adding a new section 6-170 to read
 as follows:
   §  6-170.  DISCLOSURE  OF  TAX RETURNS BY CANDIDATES FOR PRESIDENT AND
 VICE PRESIDENT. 1. NOT LATER THAN FIFTY DAYS BEFORE A GENERAL  ELECTION,
 A  CANDIDATE FOR THE OFFICE OF PRESIDENT OR VICE PRESIDENT, OTHER THAN A
 WRITE-IN CANDIDATE WHO FILES A CERTIFICATE OF CANDIDACY WITH  THE  STATE
 BOARD OF ELECTIONS PURSUANT TO SECTION 6-153 OF THIS ARTICLE, SHALL:
   (A)  FILE  WITH  THE  STATE  BOARD  OF ELECTIONS A COPY OF THE FEDERAL
 INCOME TAX RETURN, AS THAT TERM IS DEFINED IN SECTION 6103(B)(1) OF  THE
 INTERNAL  REVENUE  CODE OF 1986, OF SUCH CANDIDATE FOR AT LEAST THE FIVE
 MOST RECENT TAXABLE YEARS FOR WHICH SUCH A RETURN HAS  BEEN  FILED  WITH
 THE INTERNAL REVENUE SERVICE; AND
   (B) PROVIDE WRITTEN CONSENT TO THE COMMISSIONERS OF THE STATE BOARD OF
 ELECTIONS,  IN  SUCH  FORM  AS SHALL BE PRESCRIBED BY THE STATE BOARD OF
 ELECTIONS, FOR THE PUBLIC DISCLOSURE OF SUCH RETURNS PURSUANT TO  SUBDI-
 VISION TWO OF THIS SECTION.
   2.  INCOME  TAX  RETURNS  FILED WITH THE STATE BOARD OF ELECTIONS BY A
 CANDIDATE FOR THE OFFICE OF PRESIDENT  OR  VICE  PRESIDENT  PURSUANT  TO
 SUBDIVISION  ONE OF THIS SECTION SHALL BE MADE PUBLICLY AVAILABLE ON THE
 WEBSITE OF THE STATE BOARD OF ELECTIONS NO LATER THAN SEVEN  DAYS  AFTER
 SUCH  INCOME  TAX  RETURNS HAVE BEEN FILED, SUBJECT TO SUCH REDACTION AS
 MAY BE WARRANTED PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD05844-01-7

 S. 26                               2
 
   3. PRIOR TO MAKING ANY INCOME TAX RETURN FILED PURSUANT TO SUBDIVISION
 ONE OF THIS SECTION PUBLIC, THE STATE BOARD OF  ELECTIONS  SHALL  REDACT
 SUCH  INFORMATION AS THE BOARD, IN CONSULTATION WITH THE COMMISSIONER OF
 TAXATION AND FINANCE OR HIS OR HER DELEGATE, DEEMS APPROPRIATE.
   4.  NOTWITHSTANDING  ANY  OTHER  SECTION  OF LAW TO THE CONTRARY, IF A
 CANDIDATE FOR THE OFFICE OF PRESIDENT OR VICE PRESIDENT HAS  NOT  TIMELY
 FILED WITH THE STATE BOARD OF ELECTIONS THE INCOME TAX RETURNS AND WRIT-
 TEN  CONSENT  REQUIRED  BY  SUBDIVISION ONE OF THIS SECTION, THE NAME OF
 SUCH CANDIDATE SHALL NOT BE PRINTED UPON THE  OFFICIAL  BALLOT  FOR  THE
 GENERAL ELECTION.
   § 3. Section 12-106 of the election law is amended to read as follows:
   §  12-106.  Electoral college; vote of the electors. Immediately after
 the organization of the electoral college, the electors shall  then  and
 there  vote  by  ballot for president and vice president, but no elector
 shall vote for more than one person who is a resident of this  state  OR
 FOR  ANY  PERSON  SUBJECT  TO  THE REQUIREMENTS OF SECTION 6-170 OF THIS
 CHAPTER WHO FAILED TO COMPLY WITH SUCH REQUIREMENTS. They shall name  in
 separate  ballots the persons voted for as president and vice president.
 They shall make and sign six certificates of  all  the  votes  given  by
 them,  each  of which certificates shall contain two distinct lists, one
 with the votes for president and one with the votes for vice  president.
 There  shall  be annexed to each of the certificates one of the lists of
 electors which shall have been furnished to them by the state  board  of
 elections.  They shall seal up the certificates so made and certify upon
 each that the lists of all the votes of this state given  for  president
 and vice president are contained therein.
   § 4. This act shall take effect immediately.

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Senate Bill S26

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

Jun 4, 2018 - Elections Committee Vote

Elections Committee Vote: Jun 4, 2018

May 1, 2017 - Elections Committee Vote

Elections Committee Vote: May 1, 2017

co-Sponsors

2017-S26 (ACTIVE) - Details

2017-S26 (ACTIVE) - Summary

2017-S26 (ACTIVE) - Sponsor Memo

2017-S26 (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S26

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Votes

co-Sponsors

2017-S26 (ACTIVE) - Details

2017-S26 (ACTIVE) - Summary

2017-S26 (ACTIVE) - Sponsor Memo

2017-S26 (ACTIVE) - Bill Text download pdf

Comments