Assembly Bill A8357

                            
 
                     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

 A. 8357                             2
 
 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

 A. 8357                             3
 
 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.