Senate Bill S7874B

                                 
BILL NUMBER: S7874

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the election law, in relation to the disposition of
campaign funds raised by an elected official who has been convicted of a
crime committed while in public office or has been impeached or the
subject of an impeachment inquiry

 
PURPOSE:

To prevent a candidate who has corrupted their office and has left that
office from utilizing a campaign account to advance political candidates
or a political agenda.

 
SUMMARY OF PROVISIONS:

Section 1. Section 14-132 of the election law is amended by adding a new
subdivision 1-a to read as follows:

1-a. No elected official who has been convicted of a crime committed
              

while in public office, or who has been impeached and convicted, or who
resigned his or her public office while the subject of a criminal inves-
tigation, while the subject of an impeachment inquiry, or after having
been impeached, shall expend any campaign funds raised while he or she
held such same public office in support of any candidate for public
office or any issue in any campaign for public office in this state.
Provided, however, that nothing in this subdivision shall prohibit such
former officeholder from raising and spending money in support of poli-
tical activities in an account that did not exist at the time he or she
held office, unless barred from doing so by any sentence for a crime or
impeachable offense. Where such elected official or elected official's
authorized committee received campaign contributions, all such funds
shall be disposed of by any of the following means, or any combination
thereof, within two years of a conviction or resignation:

(a) returning, pro rata, to each contributor the funds that have not
been spent or obligated;

(b) donating the funds to a charitable organization or organizations
that meet the qualifications of section 501(c)(3) of the Internal Reven-
ue Code;

(c) donating the funds to the state university of New York or the city
university of New York; or

(d) donating the funds to the state's general fund.

§ 2. Subdivision 2 of section 14-132 of the election law, as added by
section 2 of part C of chapter 286 of the laws of 2016, is amended to
read as follows:

2. No such candidate's authorized political committee on behalf of a
candidate as described by subdivision one of this section or elected
official described by subdivision one-a of this section shall dispose of
campaign funds by making expenditures for personal use as defined in
section 14-130 of this article.

3. Effective date

 
JUSTIFICATION:

New York State has legislation for the disposition of campaign
funds/accounts after the death of a candidate, but not in the event a
candidate has raised campaign funds for an office they corrupted and
either were forced from or resigned from. Candidates convicted of a
crime committed while in public office, or impeached and convicted, or
who resigned while the subject of a criminal investigation and/or an
impeachment inquiry, should not be able to expend any campaign funds
raised while they held that public office in support of any candidate
for public office or any issue in any campaign for public office in this
state. The campaign funds on hand at the time of such resignation or
conviction were raised because the person held the corrupted office.
This is distinguished from a person's first amendment right to raise
money independently without the benefit of holding public office.
Simply, campaign funds are not personal property and should be subject
to restrictions when the person has corrupted his or her office.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Effective immediately.

                                 
BILL NUMBER: S7874A

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the election law, in relation to the disposition of
campaign funds raised by an elected official who has been convicted of a
crime committed while in public office or has been impeached or has
resigned

 
PURPOSE:

To prevent a candidate who has corrupted their office and has left that
office from utilizing a campaign account to advance political candidates
or a political agenda.

 
SUMMARY OF PROVISIONS:

Section 1. Section 14-132 of the election law is amended by adding a new
subdivision 1-a to read as follows:

1-a. No elected official who has been convicted of a crime committed
              

while in public office, or who has been impeached and convicted, or who
resigned his or her public office while the subject of a criminal inves-
tigation, while the subject of an impeachment inquiry, or after having
been impeached, shall expend any campaign funds raised while he or she
held such same public office in support of any candidate for public
office or any issue in any campaign for public office in this state.
Provided, however, that nothing in this subdivision shall prohibit such
former officeholder from raising and spending money in support of poli-
tical activities in an account that did not exist at the time he or she
held office, unless barred from doing so by any sentence for a crime or
impeachable offense. Where such elected official or elected official's
authorized committee received campaign contributions, all such funds
shall be disposed of by any of the following means, or any combination
thereof, within two years of a conviction or resignation:

(a) returning, pro rata, to each contributor the funds that have not
been spent or obligated;

(b) donating the funds to a charitable organization or organizations
that meet the qualifications of section 501(c)(3) of the Internal Reven-
ue Code;

(c) donating the funds to the state university of New York or the city
university of New York; or

(d) donating the funds to the state's general fund.

§ 2. Subdivision 2 of section 14-132 of the election law, as added by
section 2 of part C of chapter 286 of the laws of 2016, is amended to
read as follows:

2. No authorized political committee on behalf of a candidate as
described by subdivision one of this section or elected official
described by subdivision one-a of this section shall dispose of campaign
funds by making expenditures for personal use as defined in section
14-130 of this article.

3. Effective date

 
JUSTIFICATION:

New York State has legislation for the disposition of campaign
funds/accounts after the death of a candidate, but not in the event a
candidate has raised campaign funds for an office they corrupted and
either were forced from or resigned from. Candidates convicted of a
crime committed while in public office, or impeached and convicted, or
who resigned while the subject of a criminal investigation and/or an
impeachment inquiry, should not be able to expend any campaign funds
raised while they held that public office in support of any candidate
for public office or any issue in any campaign for public office in this
state. The campaign funds on hand at the time of such resignation or
conviction were raised because the person held the corrupted office.
This is distinguished from a person's first amendment right to raise
money independently without the benefit of holding public office.
Simply, campaign funds are not personal property and should be subject
to restrictions when the person has corrupted his or her office.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Effective immediately.