S T A T E O F N E W Y O R K
________________________________________________________________________
8357
2019-2020 Regular Sessions
I N A S S E M B L Y
June 15, 2019
___________
Introduced by M. of A. BUCHWALD -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to increasing penalties
for certain violations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 14-126 of the election law, as amended by section 6
of subpart C of part H of chapter 55 of the laws of 2014, subdivision 1
as separately amended by section 1 of subpart B of part H of chapter 55
of the laws of 2014, subdivision 3 as amended and subdivision 7 as added
by section 12 of part JJJ of chapter 59 of the laws of 2018, and subdi-
vision 3-a as added by section 11 of part A of chapter 286 of the laws
of 2016, is amended to read as follows:
§ 14-126. Violations; penalties. 1. (a) Any person who fails to file a
statement required to be filed by this article shall be subject to a
civil penalty, not in excess of one thousand dollars, to be recoverable
in a special proceeding or civil action to be brought by the chief
enforcement counsel pursuant to section 16-114 of this chapter. Any
person who, three or more times within a given election cycle for such
term of office, fails to file a statement or statements required to be
filed by this article, shall be subject to a civil penalty, not in
excess of ten thousand dollars, to be recoverable as provided for in
this subdivision.
(b) All payments received by the state board of elections pursuant to
this section shall be retained in the appropriate accounts as designated
by the division of the budget for enforcement activities by the board of
elections.
2. Any person who, acting as or on behalf of a candidate or political
committee, under circumstances evincing an intent to violate such law,
unlawfully accepts a contribution in excess of a contribution limitation
established in this article, shall be required to refund such excess
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06758-01-9
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amount and shall be subject to a civil penalty equal to the excess
amount plus a fine of up to ten thousand dollars, to be recoverable in a
special proceeding or civil action to be brought by the state board of
elections chief enforcement counsel.
3. Any person who falsely identifies or knowingly fails to identify
any independent expenditure as required by subdivision two of section
14-107 of this article shall be subject to a civil penalty up to one
thousand dollars or up to the cost of the communication, whichever is
greater, in a special proceeding or civil action brought by the state
board of elections chief enforcement counsel pursuant to paragraph (a)
of subdivision five of section 3-104 of this chapter. For purposes of
this subdivision, the term "person" shall mean a person, group of
persons, corporation, unincorporated business entity, labor organization
or business, trade or professional association or organization or poli-
tical committee.
[3-a. Any person who, acting as or on behalf of an independent expend-
iture committee or a political action committee, knowingly and willfully
violates the provisions of 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 communication, whichever is greater, to be recoverable in a
special proceeding or civil action to be brought by the state board of
elections.]
4. ANY PERSON WHO, ACTING AS OR ON BEHALF OF A CANDIDATE OR POLITICAL
COMMITTEE, UNDER CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE SUCH LAW,
UNLAWFULLY (A) EXPENDS CAMPAIGN FUNDS FOR A PERSONAL USE IN VIOLATION OF
THIS ARTICLE, OR (B) CONDUCTS ACTIVITIES PROHIBITED BY THIS ARTICLE,
SHALL BE SUBJECT TO A CIVIL PENALTY, NOT IN EXCESS OF TEN THOUSAND
DOLLARS, TO BE RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL ACTION TO BE
BROUGHT BY THE STATE BOARD OF ELECTIONS.
5. Any person who knowingly and willfully fails to file a statement
required to be filed by this article within ten days after the date
provided for filing such statement or any person who knowingly and will-
fully violates any other provision of this article shall be guilty of a
misdemeanor.
[5.] 6. Any person who knowingly and willfully contributes, accepts or
aids or participates in the acceptance of a contribution in an amount
exceeding an applicable maximum specified in this article shall be guil-
ty of a class A misdemeanor.
[6.] 7. Any person who shall, acting on behalf of a candidate or poli-
tical committee, knowingly and willfully solicit, organize or coordinate
the formation of activities of one or more unauthorized committees, make
expenditures in connection with the nomination for election or election
of any candidate, or solicit any person to make any such expenditures,
for the purpose of evading the contribution limitations of this article,
shall be guilty of a class E felony.
8. ANY PERSON WHO, UNDER CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE
THIS ARTICLE, ESTABLISHES A PARTNERSHIP FOR THE SOLE PURPOSE OF EVADING
THE CONTRIBUTION LIMITS THAT WOULD OTHERWISE APPLY TO THAT INDIVIDUAL IN
VIOLATION OF SUBDIVISION TWO OF SECTION 14-120 OF THIS TITLE SHALL BE
SUBJECT TO A CIVIL PENALTY EQUAL TO TWO TIMES THE AMOUNT CONTRIBUTED BY
THE PARTNERSHIP IN EXCESS OF THE CONTRIBUTION LIMITS THAT WOULD OTHER-
WISE APPLY TO THAT INDIVIDUAL PLUS A FINE OF UP TO TEN THOUSAND DOLLARS,
TO BE RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT
BY THE STATE BOARD OF ELECTIONS.
9. ANY PERSON WHO, UNDER CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE
THIS ARTICLE, ESTABLISHES A LIMITED LIABILITY COMPANY FOR THE SOLE
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PURPOSE OF EVADING THE CONTRIBUTION LIMITS THAT WOULD OTHERWISE APPLY TO
THAT INDIVIDUAL IN VIOLATION OF SECTION 14-120 OF THIS TITLE SHALL BE
SUBJECT TO A CIVIL PENALTY EQUAL TO TWO TIMES THE AMOUNT CONTRIBUTED BY
THE LIMITED LIABILITY COMPANY IN EXCESS OF THE CONTRIBUTION LIMITS THAT
WOULD OTHERWISE APPLY TO THAT INDIVIDUAL PLUS A FINE OF UP TO TEN THOU-
SAND DOLLARS, TO BE RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL ACTION
TO BE BROUGHT BY THE STATE BOARD OF ELECTIONS.
[7.] 10. Any online platform that fails to comply with the require-
ments of section 14-107-b of this article shall be subject to a civil
penalty up to one thousand dollars for each violation in a special
proceeding or civil action brought by the state board of elections chief
enforcement counsel pursuant to paragraph (a) of subdivision five of
section 3-104 of this chapter.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.