senate Bill S1126A

2021-2022 Legislative Session

Enacts the democracy preservation act

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2021 referred to election law
delivered to assembly
passed senate
May 26, 2021 ordered to third reading cal.1323
committee discharged and committed to rules
Apr 30, 2021 print number 1126a
Apr 30, 2021 amend and recommit to elections
Jan 07, 2021 referred to elections

Co-Sponsors

view additional co-sponsors

S1126 - Details

See Assembly Version of this Bill:
A7458
Law Section:
Election Law
Laws Affected:
Add §14-116-a, amd §§14-100 & 14-116, El L
Versions Introduced in 2019-2020 Legislative Session:
S7578

S1126 - Summary

Enacts the democracy preservation act; prohibits contributions by foreign-influenced business entities except independent expenditures made in connection with a ballot proposal election; requires certification that contributing business entities are not a foreign-influenced business entity.

S1126 - Sponsor Memo

S1126 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1126
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 7, 2021
                                ___________
 
 Introduced  by  Sens.  GIANARIS, HARCKHAM, KRUEGER, MAYER, MYRIE, RAMOS,
   SALAZAR -- read twice and ordered printed,  and  when  printed  to  be
   committed to the Committee on Elections
 
 AN ACT to amend the election law, in relation to enacting the "democracy
   preservation  act";  and  in  relation to prohibiting contributions by
   foreign-influenced business entities and requiring certification
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. This act shall be known and may be cited as the "democracy
 preservation act".
   § 2. The election law is amended by adding a new section  14-116-a  to
 read as follows:
   §  14-116-A.  PROHIBITED  CONTRIBUTIONS BY FOREIGN-INFLUENCED BUSINESS
 ENTITIES. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO  THE  CONTRARY,  IT
 SHALL  BE UNLAWFUL FOR A FOREIGN-INFLUENCED BUSINESS ENTITY, DIRECTLY OR
 INDIRECTLY, TO MAKE A CONTRIBUTION OR DONATION OF MONEY OR  OTHER  THING
 OF  VALUE,  OR  TO MAKE AN EXPRESS OR IMPLIED PROMISE TO MAKE A CONTRIB-
 UTION OR DONATION, IN CONNECTION WITH A STATE OR LOCAL ELECTION.
   2. IT SHALL BE UNLAWFUL FOR A BUSINESS ENTITY PROHIBITED UNDER  SUBDI-
 VISION  ONE  OF THIS SECTION, DIRECTLY OR INDIRECTLY, TO MAKE A CONTRIB-
 UTION OR DONATION TO A CONSTITUTED  COMMITTEE,  INDEPENDENT  EXPENDITURE
 COMMITTEE, POLITICAL COMMITTEE, OR PARTY COMMITTEE.
   3.  IT SHALL BE UNLAWFUL FOR A BUSINESS ENTITY PROHIBITED UNDER SUBDI-
 VISION ONE OF THIS SECTION, DIRECTLY OR INDIRECTLY, TO MAKE AN  EXPENDI-
 TURE,  INDEPENDENT EXPENDITURE, OR DISBURSEMENT FOR A POLITICAL COMMUNI-
 CATION.
   4. IT SHALL BE UNLAWFUL FOR A PERSON TO KNOWINGLY SOLICIT, ACCEPT,  OR
 RECEIVE  A CONTRIBUTION OR DONATION DESCRIBED IN SUBDIVISION ONE, TWO OR
 THREE OF THIS SECTION FROM A FOREIGN-INFLUENCED BUSINESS ENTITY.
   5. ANY PERSON FOUND IN VIOLATION OF THIS SECTION SHALL BE GUILTY OF  A
 CLASS  E  FELONY  AND  SHALL  BE SUBJECT TO A CIVIL PENALTY EQUAL TO THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S1126A (ACTIVE) - Details

See Assembly Version of this Bill:
A7458
Law Section:
Election Law
Laws Affected:
Add §14-116-a, amd §§14-100 & 14-116, El L
Versions Introduced in 2019-2020 Legislative Session:
S7578

S1126A (ACTIVE) - Summary

Enacts the democracy preservation act; prohibits contributions by foreign-influenced business entities except independent expenditures made in connection with a ballot proposal election; requires certification that contributing business entities are not a foreign-influenced business entity.

S1126A (ACTIVE) - Sponsor Memo

S1126A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1126--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 7, 2021
                                ___________
 
 Introduced  by  Sens.  GIANARIS, HARCKHAM, KRUEGER, MAYER, MYRIE, RAMOS,
   SALAZAR -- read twice and ordered printed,  and  when  printed  to  be
   committed  to the Committee on Elections -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN ACT to amend the election law, in relation to enacting the "democracy
   preservation  act";  and  in  relation to prohibiting contributions by
   foreign-influenced business entities and requiring certification
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. This act shall be known and may be cited as the "democracy
 preservation act".
   § 2. Legislative Findings. The legislature hereby finds  and  declares
 that  New  York  state welcomes immigrants, visitors, and investors from
 around the world. However, its elections should be decided by the people
 of New York and not by foreign investors or the business  entities  over
 which  they exert influence. Corporations with partial foreign ownership
 have been spending money to influence state and local elections  in  New
 York  and  around  the  country. The public has a compelling interest in
 limiting the participation of foreign entities in activities of American
 democratic self-government, which include spending  money  to  influence
 voters  and  finance  campaigns,  in  the interest of preventing foreign
 influence over the United States political process.
   Investors are the ultimate beneficiaries of corporate interests. Where
 part of the shareholders' equity is attributable to  foreign  investors,
 spending  corporate  treasury funds on New York elections means spending
 the equity of foreign entities on New York elections.
   Business corporations and similar entities have a  fiduciary  duty  to
 their  shareholders, including investors around the world, and generally
 prioritize  the  interests  of  such  shareholders,  which  may  diverge
 substantially  from the interests of the people of New York and of citi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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