S T A T E O F N E W Y O R K
________________________________________________________________________
10242
I N A S S E M B L Y
April 8, 2020
___________
Introduced by M. of A. SIMON -- read once and referred to the Committee
on Election Law
AN ACT to amend the legislative law and the election law, in relation to
prohibiting campaign contributions to candidates for state senate and
assembly by certain members of the legislative ethics commission
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 80 of the legislative law is amended by adding a
new subdivision 3-a to read as follows:
3-A. NO MEMBER OF THE COMMISSION SHALL MAKE A CONTRIBUTION TO ANY
CANDIDATE FOR STATE SENATE OR ASSEMBLY; PROVIDED, HOWEVER, THAT THE
PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO MEMBERS OF THE COMMIS-
SION WHO ARE PRESENT MEMBERS OF THE LEGISLATURE.
§ 2. Subdivision 1 of section 14-114 of the election law is amended by
adding a new paragraph d to read as follows:
D. IN ANY ELECTION FOR STATE SENATE OR ASSEMBLY, NO MEMBER OF THE
LEGISLATIVE ETHICS COMMISSION AS DEFINED IN SECTION EIGHTY OF THE LEGIS-
LATIVE LAW, SHALL MAKE A CONTRIBUTION TO A CANDIDATE AND NO CANDIDATE
SHALL ACCEPT A CONTRIBUTION FROM A MEMBER OF SUCH LEGISLATIVE ETHICS
COMMISSION; PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS PARAGRAPH
SHALL NOT APPLY TO MEMBERS OF THE COMMISSION WHO ARE PRESENT MEMBERS OF
THE LEGISLATURE.
§ 3. Section 14-126 of the election law is amended by adding a new
subdivision 8 to read as follows:
8. (A) ANY MEMBER OF THE LEGISLATIVE ETHICS COMMISSION, WHO, UNDER
CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE SUCH LAW, MAKES A CONTRIB-
UTION IN CONTRAVENTION OF PARAGRAPH D OF SUBDIVISION ONE OF SECTION
14-114 OF THIS ARTICLE SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED
THE GREATER OF TEN THOUSAND DOLLARS OR AN AMOUNT EQUAL TO TWO HUNDRED
PERCENT OF THE CONTRIBUTION, TO BE RECOVERABLE IN A SPECIAL PROCEEDING
OR CIVIL ACTION TO BE BROUGHT BY THE STATE BOARD OF ELECTIONS CHIEF
ENFORCEMENT COUNSEL.
(B) ANY PERSON WHO, ACTING AS OR ON BEHALF OF AN OFFICEHOLDER, CANDI-
DATE, OR POLITICAL COMMITTEE, ACCEPTS A CONTRIBUTION IN CONTRAVENTION OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10534-03-0
A. 10242 2
PARAGRAPH D OF SUBDIVISION ONE OF SECTION 14-114 OF THIS ARTICLE SHALL
BE REQUIRED TO REFUND SUCH CONTRIBUTION.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.