S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5358
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced by M. of A. SILLITTI -- read once and referred to the Commit-
   tee on Election Law
 
 AN  ACT  to  amend  the  election  law, in relation to requiring certain
   candidates to file a statement attesting that they meet the  residency
   requirements of the office
 
   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  section  6-170
 to read as follows:
   §  6-170.  DESIGNATING PETITIONS AND INDEPENDENT NOMINATION PETITIONS;
 STATEMENT OF CANDIDATES. ANY DESIGNATING PETITION PREPARED IN ACCORDANCE
 WITH SECTION 6-132 OF THIS ARTICLE OR  INDEPENDENT  NOMINATION  PETITION
 PREPARED  IN  ACCORDANCE  WITH  SECTION  6-140  OF THIS ARTICLE SHALL BE
 ACCOMPANIED BY A SWORN STATEMENT OF THE CANDIDATE  BEING  DESIGNATED  OR
 NOMINATED.  SUCH STATEMENT SHALL INCLUDE AN ATTESTATION BY THE CANDIDATE
 THAT THEY MEET THE RESIDENCY REQUIREMENTS OF THE OFFICE THEY ARE SEEKING
 AND THAT THEIR RESIDENTIAL ADDRESS, AS CONTAINED WITHIN THE PETITION, IS
 ACCURATE AND TRUE.  SUCH STATEMENT SHALL BE ATTESTED TO BY THE CANDIDATE
 UNDER PENALTY OF PERJURY, NOTARIZED AND FILED WITH THE DESIGNATING PETI-
 TION OR INDEPENDENT NOMINATION PETITION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, 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.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09321-03-3



              

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5358--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SILLITTI,  EPSTEIN, KELLES, DeSTEFANO, RAGA,
   SIMONE, SIMON, NOVAKHOV -- read once and referred to the Committee  on
   Election  Law -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the election  law,  in  relation  to  requiring  certain
   candidates to file a statement attesting to the veracity of statements
   regarding  the  candidate's educational, service, employment and resi-
   dency record
 
   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 section 6-170
 to read as follows:
   § 6-170.  VERACITY OF STATEMENTS OF CANDIDATES. 1. FIFTEEN DAYS  AFTER
 THE  FILING OF A CERTIFICATE OF ACCEPTANCE, CERTIFICATE TO FILL A VACAN-
 CY, A PETITION FOR AN OPPORTUNITY TO BALLOT BY A CANDIDATE  PURSUANT  TO
 SECTION  6-158  OF  THIS  ARTICLE,  THE FILING OF A DESIGNATING PETITION
 PURSUANT TO SECTION 6-132 OF THIS ARTICLE, OR THE FILING OF AN INDEPEND-
 ENT NOMINATING PETITION PURSUANT TO SECTION 6-140 OF THIS ARTICLE,  EACH
 CANDIDATE  SHALL SUBMIT A SWORN STATEMENT INCLUDING THE FOLLOWING INFOR-
 MATION:
   (A) MILITARY SERVICE RECORD, IF ANY, INCLUDING DATES OF ENLISTMENT AND
 DISCHARGE AND APPOINTMENTS;
   (B) EMPLOYMENT HISTORY, IF ANY, FOR THE PREVIOUS FIVE YEARS;
   (C) CURRENT RESIDENTIAL ADDRESS;
   (D) AN ATTESTATION BY THE CANDIDATE THAT THE CANDIDATE MEETS THE RESI-
 DENCY REQUIREMENTS OF THE OFFICE THAT THEY SEEK; AND
   (E) ANY  EDUCATIONAL  RECORD,  INCLUDING  HIGH  SCHOOLS,  COLLEGES  OR
 UNIVERSITIES  ATTENDED, DATES OF ATTENDANCE AND DEGREES RECEIVED IF ANY,
 OR EMPLOYMENT HISTORY NOT OTHERWISE DISCLOSED PURSUANT TO PARAGRAPH  (B)
 OF  THIS  SUBDIVISION THAT THE CANDIDATE VOLUNTARILY REPRESENTS ON THEIR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09321-06-3
 A. 5358--A                          2
              

 
 WEBSITE, IN THEIR CAMPAIGN LITERATURE OR VERBALLY DURING THE  COURSE  OF
 THEIR CAMPAIGN.
   IN  THE EVENT THAT THE FIFTEENTH DAY AFTER THE FILING OF A CERTIFICATE
 OF ACCEPTANCE, CERTIFICATE TO FILL A VACANCY, A PETITION FOR AN OPPORTU-
 NITY TO BALLOT BY A CANDIDATE PURSUANT TO SECTION 6-158 OF THIS ARTICLE,
 THE FILING OF A DESIGNATING PETITION PURSUANT TO SECTION 6-132  OF  THIS
 ARTICLE, OR THE FILING OF AN INDEPENDENT NOMINATING PETITION PURSUANT TO
 SECTION  6-140  OF  THIS ARTICLE OCCURS ON A WEEKEND OR STATE OR FEDERAL
 HOLIDAY, THE FILING SHALL BE DUE ON THE NEXT  SUCCEEDING  BUSINESS  DAY.
 SUCH  STATEMENT  SHALL  BE ATTESTED TO BY THE CANDIDATE UNDER PENALTY OF
 PERJURY, NOTARIZED AND FILED WITH  THE  BOARD  OF  ELECTIONS  WHERE  THE
 CERTIFICATE  OF  ACCEPTANCE, CERTIFICATE TO FILL A VACANCY, PETITION FOR
 AN OPPORTUNITY TO BALLOT, DESIGNATING PETITION FILED PURSUANT TO SECTION
 6-132 OF THIS ARTICLE, OR INDEPENDENT NOMINATING PETITION FILED PURSUANT
 TO SECTION 6-140 OF THIS ARTICLE WAS  FILED.  SUCH  STATEMENT  SHALL  BE
 AMENDED, AS NEEDED, UPON THE MAKING OF ADDITIONAL REPRESENTATIONS BY THE
 CANDIDATE  DURING  THE  COURSE OF THE CAMPAIGN. SUCH AMENDMENTS SHALL BE
 FILED WITH THE APPLICABLE BOARD OF ELECTIONS THAT  THE  CANDIDATE  FILED
 THEIR  ORIGINAL  STATEMENT  WITH  ON THE DATE THAT THE NEXT STATEMENT OF
 CAMPAIGN RECEIPT AND EXPENDITURE  IS  FILED  PURSUANT  TO  THE  SCHEDULE
 PROMULGATED  BY  THE  STATE BOARD OF ELECTIONS.   SUCH AMENDED STATEMENT
 SHALL BE ATTESTED TO BY THE CANDIDATE UNDER PENALTY OF PERJURY AND NOTA-
 RIZED IN THE SAME MANNER AS THE ORIGINAL STATEMENT. FAILURE TO  FILE  AN
 AMENDED  STATEMENT  SHALL CONSTITUTE A FURTHER ATTESTATION BY THE CANDI-
 DATE THAT THE ORIGINAL STATEMENT REMAINS TRUE, COMPLETE AND CORRECT.
   2. WITHIN FIVE BUSINESS DAYS OF THE FILING OF ANY STATEMENT OR AMENDED
 STATEMENT BY A CANDIDATE PURSUANT TO THIS SECTION, THE APPLICABLE  BOARD
 OF  ELECTIONS  WHICH  HAS  RECEIVED  THE STATEMENT OR AMENDED STATEMENT,
 SHALL POST THE STATEMENTS REQUIRED BY THIS SECTION ON  ITS  WEBSITE.  IF
 THE  CANDIDATE STATEMENT REQUIRED BY THIS SECTION HAS NOT BEEN RECEIVED,
 THE APPLICABLE BOARD OF ELECTIONS SHALL NOTIFY THE CANDIDATES  WHO  HAVE
 FAILED  TO  PROVIDE  THE  REQUIRED  STATEMENT  THAT THEY ARE REQUIRED TO
 COMPLY WITH THE REQUIREMENTS OF  THIS  SECTION  AND  SHALL  INDIVIDUALLY
 IDENTIFY  EACH  CANDIDATE  FOR WHOM A CERTIFICATE OF ACCEPTANCE, CERTIF-
 ICATE TO FILL A VACANCY, PETITION FOR AN OPPORTUNITY TO  BALLOT,  DESIG-
 NATING  PETITION  OR  INDEPENDENT NOMINATING PETITION HAS BEEN RECEIVED,
 BUT WHO HAS FAILED TO PROVIDE THE STATEMENT REQUIRED BY THIS SECTION  ON
 THE  APPLICABLE  BOARD  OF  ELECTIONS  WEBSITE  ALONG WITH THE COMPLETED
 STATEMENTS THAT IT HAS RECEIVED FROM OTHER CANDIDATES.
   3. FAILURE TO FILE THE STATEMENT, OR AN AMENDED STATEMENT, REQUIRED BY
 THIS SECTION WITHIN FIVE BUSINESS DAYS OF THE APPLICABLE  FILING  PERIOD
 DEADLINE  OF  ANY  DESIGNATING PETITION CARRIES AN INITIAL CIVIL PENALTY
 NOT TO EXCEED ONE THOUSAND DOLLARS, WITH ADDITIONAL  PENALTIES  ACCRUING
 AT TWENTY-FIVE DOLLARS FOR EACH DAY THE STATEMENT IS MORE THAN TEN BUSI-
 NESS  DAYS  OVERDUE,  UP TO A MAXIMUM ADDITIONAL PENALTY OF ONE THOUSAND
 DOLLARS. PENALTIES IMPOSED BY THE BOARD OF ELECTIONS FOR  VIOLATIONS  OF
 THE REPORTING REQUIREMENT SET FORTH IN THIS SECTION SHALL BE PAID BY THE
 CANDIDATE  FAILING TO FILE THE REQUIRED DISCLOSURE.  SUCH PENALTY LEVIED
 BY THE BOARD OF ELECTIONS SHALL NOT BE PAID FROM CONTRIBUTIONS OR  FUNDS
 AVAILABLE IN A CAMPAIGN ACCOUNT.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5358--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SILLITTI,  EPSTEIN, KELLES, DeSTEFANO, RAGA,
   SIMONE, SIMON, NOVAKHOV -- read once and referred to the Committee  on
   Election  Law -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee  --  recommitted  to  the
   Committee  on  Election Law in accordance with Assembly Rule 3, sec. 2
   --  again  reported  from  said  committee  with  amendments,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  election  law, in relation to requiring certain
   candidates to file a statement attesting to the veracity of statements
   regarding the candidate's educational history, and service, employment
   and residency record
 
   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 section 6-170
 to read as follows:
   § 6-170.  VERACITY OF STATEMENTS OF CANDIDATES. 1. FIFTEEN DAYS  AFTER
 THE  FILING OF A CERTIFICATE OF ACCEPTANCE, CERTIFICATE TO FILL A VACAN-
 CY, A PETITION FOR AN OPPORTUNITY TO BALLOT BY A CANDIDATE  PURSUANT  TO
 SECTION  6-158  OF  THIS  ARTICLE,  THE FILING OF A DESIGNATING PETITION
 PURSUANT TO SECTION 6-132 OF THIS ARTICLE, OR THE FILING OF AN INDEPEND-
 ENT NOMINATING PETITION PURSUANT TO SECTION 6-140 OF THIS ARTICLE,  EACH
 CANDIDATE  SHALL SUBMIT A SWORN STATEMENT INCLUDING THE FOLLOWING INFOR-
 MATION:
   (A) MILITARY SERVICE RECORD, IF ANY, INCLUDING DATES OF ENLISTMENT AND
 DISCHARGE AND APPOINTMENTS;
   (B) EMPLOYMENT HISTORY, IF ANY, FOR THE PREVIOUS FIVE YEARS;
   (C) CURRENT RESIDENTIAL ADDRESS;
   (D) AN ATTESTATION BY THE CANDIDATE THAT THE CANDIDATE MEETS THE RESI-
 DENCY REQUIREMENTS OF THE OFFICE THAT THEY SEEK; AND
   (E) EDUCATIONAL HISTORY, INCLUDING HIGH SCHOOLS, COLLEGES OR UNIVERSI-
 TIES ATTENDED, DATES OF ATTENDANCE  AND  DEGREES  RECEIVED  IF  ANY,  OR
 EMPLOYMENT  HISTORY NOT OTHERWISE DISCLOSED PURSUANT TO PARAGRAPH (B) OF
 THIS SUBDIVISION THAT THE  CANDIDATE  VOLUNTARILY  REPRESENTS  ON  THEIR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD09321-09-4
 A. 5358--B                          2
 
 WEBSITE,  IN  THEIR CAMPAIGN LITERATURE OR VERBALLY DURING THE COURSE OF
 THEIR CAMPAIGN.
   IN  THE EVENT THAT THE FIFTEENTH DAY AFTER THE FILING OF A CERTIFICATE
 OF ACCEPTANCE, CERTIFICATE TO FILL A VACANCY, A PETITION FOR AN OPPORTU-
 NITY TO BALLOT BY A CANDIDATE PURSUANT TO SECTION 6-158 OF THIS ARTICLE,
 THE FILING OF A DESIGNATING PETITION PURSUANT TO SECTION 6-132  OF  THIS
 ARTICLE, OR THE FILING OF AN INDEPENDENT NOMINATING PETITION PURSUANT TO
 SECTION  6-140  OF  THIS ARTICLE OCCURS ON A WEEKEND OR STATE OR FEDERAL
 HOLIDAY, THE FILING SHALL BE DUE ON THE NEXT  SUCCEEDING  BUSINESS  DAY.
 SUCH  STATEMENT  SHALL  BE ATTESTED TO BY THE CANDIDATE UNDER PENALTY OF
 PERJURY, NOTARIZED AND FILED WITH  THE  BOARD  OF  ELECTIONS  WHERE  THE
 CERTIFICATE  OF  ACCEPTANCE, CERTIFICATE TO FILL A VACANCY, PETITION FOR
 AN OPPORTUNITY TO BALLOT, DESIGNATING PETITION FILED PURSUANT TO SECTION
 6-132 OF THIS ARTICLE, OR INDEPENDENT NOMINATING PETITION FILED PURSUANT
 TO SECTION 6-140 OF THIS ARTICLE WAS  FILED.  SUCH  STATEMENT  SHALL  BE
 AMENDED, AS NEEDED, UPON THE MAKING OF ADDITIONAL REPRESENTATIONS BY THE
 CANDIDATE  DURING  THE  COURSE OF THE CAMPAIGN. SUCH AMENDMENTS SHALL BE
 FILED WITH THE APPLICABLE BOARD OF ELECTIONS THAT  THE  CANDIDATE  FILED
 THEIR  ORIGINAL  STATEMENT  WITH  ON THE DATE THAT THE NEXT STATEMENT OF
 CAMPAIGN RECEIPT AND EXPENDITURE  IS  FILED  PURSUANT  TO  THE  SCHEDULE
 PROMULGATED  BY  THE  STATE BOARD OF ELECTIONS.   SUCH AMENDED STATEMENT
 SHALL BE ATTESTED TO BY THE CANDIDATE UNDER PENALTY OF PERJURY AND NOTA-
 RIZED IN THE SAME MANNER AS THE ORIGINAL STATEMENT. FAILURE TO  FILE  AN
 AMENDED  STATEMENT  SHALL CONSTITUTE A FURTHER ATTESTATION BY THE CANDI-
 DATE THAT THE ORIGINAL STATEMENT REMAINS TRUE, COMPLETE AND CORRECT.
   2. WITHIN FIVE BUSINESS DAYS OF THE FILING OF ANY STATEMENT OR AMENDED
 STATEMENT BY A CANDIDATE PURSUANT TO THIS SECTION, THE APPLICABLE  BOARD
 OF  ELECTIONS  WHICH  HAS  RECEIVED  THE STATEMENT OR AMENDED STATEMENT,
 SHALL POST THE STATEMENTS REQUIRED BY THIS SECTION ON  ITS  WEBSITE.  IF
 THE  CANDIDATE STATEMENT REQUIRED BY THIS SECTION HAS NOT BEEN RECEIVED,
 THE APPLICABLE BOARD OF ELECTIONS SHALL NOTIFY THE CANDIDATES  WHO  HAVE
 FAILED  TO  PROVIDE  THE  REQUIRED  STATEMENT  THAT THEY ARE REQUIRED TO
 COMPLY WITH THE REQUIREMENTS OF  THIS  SECTION  AND  SHALL  INDIVIDUALLY
 IDENTIFY  EACH  CANDIDATE  FOR WHOM A CERTIFICATE OF ACCEPTANCE, CERTIF-
 ICATE TO FILL A VACANCY, PETITION FOR AN OPPORTUNITY TO  BALLOT,  DESIG-
 NATING  PETITION  OR  INDEPENDENT NOMINATING PETITION HAS BEEN RECEIVED,
 BUT WHO HAS FAILED TO PROVIDE THE STATEMENT REQUIRED BY THIS SECTION  ON
 THE  APPLICABLE  BOARD  OF  ELECTIONS  WEBSITE  ALONG WITH THE COMPLETED
 STATEMENTS THAT IT HAS RECEIVED FROM OTHER CANDIDATES.
   3. FAILURE TO FILE THE STATEMENT, OR AN AMENDED STATEMENT, REQUIRED BY
 THIS SECTION WITHIN FIVE BUSINESS DAYS OF THE APPLICABLE  FILING  PERIOD
 DEADLINE  OF  ANY  DESIGNATING PETITION CARRIES AN INITIAL CIVIL PENALTY
 NOT TO EXCEED ONE THOUSAND DOLLARS, WITH ADDITIONAL  PENALTIES  ACCRUING
 AT TWENTY-FIVE DOLLARS FOR EACH DAY THE STATEMENT IS MORE THAN TEN BUSI-
 NESS  DAYS  OVERDUE,  UP TO A MAXIMUM ADDITIONAL PENALTY OF ONE THOUSAND
 DOLLARS. PENALTIES IMPOSED BY THE BOARD OF ELECTIONS FOR  VIOLATIONS  OF
 THE REPORTING REQUIREMENT SET FORTH IN THIS SECTION SHALL BE PAID BY THE
 CANDIDATE  FAILING TO FILE THE REQUIRED DISCLOSURE.  SUCH PENALTY LEVIED
 BY THE BOARD OF ELECTIONS SHALL NOT BE PAID FROM CONTRIBUTIONS OR  FUNDS
 AVAILABLE IN A CAMPAIGN ACCOUNT.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, 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.