S T A T E O F N E W Y O R K
________________________________________________________________________
6268
2021-2022 Regular Sessions
I N A S S E M B L Y
March 12, 2021
___________
Introduced by M. of A. GALEF, PAULIN -- read once and referred to the
Committee on Election Law
AN ACT to amend the election law, in relation to transition and inaugu-
ration receipts and expenditures
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 article 18 to
read as follows:
ARTICLE 18
TRANSITION AND INAUGURATION RECEIPTS AND EXPENDITURES
SECTION 18-100. STATEMENTS OF RECEIPTS, CONTRIBUTIONS, TRANSFERS AND
EXPENDITURES TO TRANSITION AND INAUGURATION ENTITIES.
18-101. PENALTIES.
§ 18-100. STATEMENTS OF RECEIPTS, CONTRIBUTIONS, TRANSFERS AND EXPEND-
ITURES TO TRANSITION AND INAUGURATION ENTITIES. 1. (A) AN ENTITY FORMED
FOR THE PURPOSE OF ACCEPTING DONATIONS AND LOANS, AND FOR MAKING EXPEND-
ITURES FOR TRANSITION OR INAUGURATION INTO OFFICE SHALL FILE, AT THE
TIMES PRESCRIBED BY THE BOARD OF ELECTIONS, A STATEMENT WITH THE BOARD
SETTING FORTH ALL THE RECEIPTS, CONTRIBUTIONS TO AND THE EXPENDITURES BY
AND LIABILITIES OF THE ENTITY, AND OF ITS OFFICERS, MEMBERS AND AGENTS
ON ITS BEHALF. SUCH STATEMENTS SHALL INCLUDE THE DOLLAR AMOUNT OF ANY
RECEIPT, CONTRIBUTION OR TRANSFER, OR THE FAIR MARKET VALUE OF ANY
RECEIPT, CONTRIBUTION OR TRANSFER, WHICH IS OTHER THAN OF MONEY, THE
NAME AND ADDRESS OF THE TRANSFEROR, CONTRIBUTOR OR PERSON FROM WHOM
RECEIVED, AND IF THE TRANSFEROR, CONTRIBUTOR OR PERSON IS A POLITICAL
COMMITTEE, THE NAME OF AND THE POLITICAL UNIT REPRESENTED BY THE COMMIT-
TEE, THE DATE OF ITS RECEIPT, THE DOLLAR AMOUNT OF EVERY EXPENDITURE,
THE NAME AND ADDRESS OF THE PERSON TO WHOM IT WAS MADE OR THE NAME OF
AND THE POLITICAL UNIT REPRESENTED BY THE COMMITTEE TO WHICH IT WAS MADE
AND THE DATE THEREOF, AND SHALL STATE CLEARLY THE PURPOSE OF SUCH
EXPENDITURE. ANY STATEMENT REPORTING A LOAN SHALL HAVE ATTACHED TO IT A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02923-01-1
A. 6268 2
COPY OF THE EVIDENCE OF INDEBTEDNESS. EXPENDITURES IN SUMS UNDER FIFTY
DOLLARS NEED NOT BE SPECIFICALLY ACCOUNTED FOR BY SEPARATE ITEMS IN SAID
STATEMENTS, AND RECEIPTS AND CONTRIBUTIONS AGGREGATING NOT MORE THAN
NINETY-NINE DOLLARS, FROM ANY ONE CONTRIBUTOR NEED NOT BE SPECIFICALLY
ACCOUNTED FOR BY SEPARATE ITEMS IN SAID STATEMENTS.
(B) DISCLOSURE REPORTS SHALL BE SUBMITTED AT SUCH TIMES AND IN SUCH
FORM AS THE BOARD OF ELECTIONS SHALL REQUIRE AND SHALL BE CLEARLY LEGI-
BLE. THE BOARD OF ELECTIONS SHALL MAKE AVAILABLE TO THE PUBLIC A COPY
OF THESE DISCLOSURE REPORTS WITHIN TWO BUSINESS DAYS AFTER THEY ARE
ACCEPTED BY THE BOARD OF ELECTIONS.
2. THE FINAL DISCLOSURE REPORT SUBMITTED BY SUCH ENTITY SHALL SET
FORTH THE DISPOSITION OF ANY FUNDS REMAINING AFTER ALL LIABILITIES ARE
PAID, AFTER WHICH THE ENTITY SHALL BE TERMINATED. IF AN ENTITY HAS FUNDS
REMAINING AFTER ALL LIABILITIES HAVE BEEN PAID, IT SHALL RETURN THOSE
FUNDS TO ONE OR MORE OF THE ENTITY'S DONORS, OR IF THAT IS IMPRACTICA-
BLE, DISPOSE OF THE FUNDS IN A MANNER SET FORTH BY THE BOARD OF
ELECTIONS.
§ 18-101. PENALTIES. 1. ANY CANDIDATE WHOSE TRANSITION OR INAUGURATION
ENTITY FAILS TO FILE IN A TIMELY MANNER A STATEMENT OR RECORD REQUIRED
TO BE FILED BY THIS ARTICLE OR THE RULES OF THE BOARD OF ELECTIONS IN
IMPLEMENTATION THEREOF SHALL BE SUBJECT TO A CIVIL PENALTY, NOT IN
EXCESS OF ONE THOUSAND DOLLARS, TO BE RECOVERABLE IN A SPECIAL PROCEED-
ING OR CIVIL ACTION TO BE BROUGHT BY THE CHIEF ENFORCEMENT COUNSEL
PURSUANT TO SECTION 16-114 OF THIS CHAPTER.
2. 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
CLASS A MISDEMEANOR.
3. ANY PERSON WHO, ACTING AS OR ON BEHALF OF A CANDIDATE OR TRANSITION
OR INAUGURATION ENTITY, 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 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.
4. ANY PERSON WHO KNOWINGLY AND WILLFULLY CONTRIBUTES, ACCEPTS OR AIDS
OR PARTICIPATES IN THE ACCEPTANCE OF A CONTRIBUTION IN AN AMOUNT EXCEED-
ING AN APPLICABLE MAXIMUM SPECIFIED IN THIS ARTICLE SHALL BE GUILTY OF A
CLASS A MISDEMEANOR.
5. ANY PERSON WHO SHALL, ACTING ON BEHALF OF A CANDIDATE OR TRANSITION
OR INAUGURATION ENTITY, KNOWINGLY AND WILLFULLY SOLICIT, ORGANIZE OR
COORDINATE THE FORMATION OF ACTIVITIES OF ONE OR MORE UNAUTHORIZED
COMMITTEES, MAKE EXPENDITURES IN CONNECTION WITH THE TRANSITION OR INAU-
GURATION 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.
§ 2. This act shall take effect on the fifteenth of December next
succeeding the date on which it shall have become a law. Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.