NY State Senate Bill 2023-S5884C

Senate Bill S5884C

2023-2024 Legislative Session

Requires certain candidates to file a statement attesting to the veracity of statements regarding the candidate's educational history, and service, employment and residency record

download bill text pdf

Current Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 14, 2024	print number 5884c
May 14, 2024	amend and recommit to elections
Jan 04, 2024	print number 5884b
Jan 04, 2024	amend (t) and recommit to elections
Jan 03, 2024	referred to elections
Dec 22, 2023	print number 5884a
Dec 22, 2023	amend (t) and recommit to elections
Mar 21, 2023	referred to elections

Bill Amendments

Original

C (Active)

2023-S5884 - Details

See Assembly Version of this Bill:: A5358
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §6-170, El L

2023-S5884 - Summary

Requires certain candidates to file a statement attesting to the veracity of statements regarding the candidate's educational history, and service, employment and residency record; provides for the filing of amended statements; provides penalties.

2023-S5884 - Sponsor Memo

                                 
BILL NUMBER: S5884

SPONSOR: LIU
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To require potential candidates to attest to the fact that they meet the
residency requirements of the office they seek, and that their residen-
tial address on the petition is accurate.

 
SUMMARY OF PROVISIONS:

Section one adds a new section 6-170 that requires candidates filing
petitions for office pursuant to 6-132 (designating petitions) or 6-140
(independent nominating petitions) of the election law to attest to the
fact that they meet the residency requirements for the office that they
seek and that their residential address, as contained on their petitions

is true and accurate.

 
JUSTIFICATION:

Having potential candidates attest to the fact that they meet the resi-
dency requirements of the office they seek and that the residential
address provided on their petitions is accurate, will allow for early
identification of candidates that do not qualify for the office they are
pursuing. Early identification of a non-qualifying candidate will ensure
that only eligible candidates appear on our ballots. Requiring that
potential candidates attest to such facts will help deter instances of
untruthfulness from a candidate in relation to their background and
qualification to run for the office that they seek.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to state or local governments.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5884 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5884
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 2023
                                ___________
 
 Introduced  by  Sen.  LIU  --  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  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

2023-S5884A - Details

See Assembly Version of this Bill:: A5358
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §6-170, El L

2023-S5884A - Summary

2023-S5884A - Sponsor Memo

                                 
BILL NUMBER: S5884A          Revised 1/2/24

SPONSOR: LIU
 
TITLE OF BILL:

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 residency
record

 
PURPOSE OR GENERAL IDEA OF BILL:

To require potential candidates to attest to the general biographical
information that they share with voters including certain employment
history, service record, educational accomplishments that they tout, and
military service records.

 
SUMMARY OF PROVISIONS:

Section one adds a new section 6-170 that requires candidates to attest
to their military service record, recent employment history, residential
address and certain educational records fifteen days after they file

their certificate or petitions to run for office with the applicable
Board of Elections. The receiving Board of Elections would then have
five business days to upload the information disclosed on their webpage.
Failure to file the necessary disclosure would result in a civil penalty
of $1,000, with an additional $25 per day that the disclosure is not
filed, up to a maximum of $2,000.  Fines imposed pursuant to this
section may not be paid for from the candidates' campaign account. The
Board will note on their webpage if a candidate did not file their
disclosure, so that the public is aware that the background of the
candidate has not been disclosed.  The statements will be signed, nota-
rized, and filed under penalty of perjury by the candidate. Addi-
tionally, this section requires that if additional representations are
made by the candidate during the course of their campaign, that amended
disclosure statements must be filed at the time the next campaign
finance disclosure is filed.

Section two provides for a 90 day effective date.

 
JUSTIFICATION:

Having candidates attest to basic biographical information will allow
for early identification of candidates that are misleading the public,
or who do not qualify for the office they are pursuing based on residen-
cy requirements. Early identification of an untruthful or non-qualifying
candidate will ensure that only eligible candidates appear on our
ballots and that the public has a true choice when the go to the polls.
This bill balances the public's need for truthful information from
candidates, 'while ensuring that the disclosure does not have a chilling
effect. Democracy works best when people of various backgrounds and
experiences come together, and this bill balances those needs by limit-
ing the type of information that is disclosed. This attestation will
help deter instances of untruthfulness from a candidate and gives the
public a way of verifying the things that candidates are claiming.

Unfortunately, we are forced to legislate truthfulness. Without proper
vetting of candidates, constituents are sometimes left without represen-
tation in government and ultimately lose faith in the electoral system.
It is imperative in New York State that candidates for public office be
truthful in the statements they make to voters, that voters should be
able to trust the information candidates share, and that there should be
a way for the public to verify such.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to state or local governments.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2023-S5884A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5884--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 2023
                                ___________
 
 Introduced  by  Sen.  LIU  --  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 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.
                                                            LBD09321-07-3
 S. 5884--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.

co-Sponsors

2023-S5884B - Details

See Assembly Version of this Bill:: A5358
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §6-170, El L

2023-S5884B - Summary

2023-S5884B - Sponsor Memo

                                 
BILL NUMBER: S5884B

SPONSOR: LIU
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To require potential candidates to attest to the general biographical
information that they share with voters including certain employment
history, service record, educational accomplishments that they tout, and
military service records.

 
SUMMARY OF PROVISIONS:

Section one adds a new section 6-170 that requires candidates to attest
to their military service record, recent employment history, residential
address and certain educational records fifteen days after they file

their certificate or petitions to run for office with the applicable
Board of Elections. The receiving Board of Elections would then have
five business days to upload the information disclosed on their webpage.
Failure to file the necessary disclosure would result in a civil penalty
of $1,000, with an additional $25 per day that the disclosure is not
filed, up to a maximum of $2,000.  Fines imposed pursuant to this
section may not be paid for from the candidates' campaign account. The
Board will note on their webpage if a candidate did not file their
disclosure, so that the public is aware that the background of the
candidate has not been disclosed.  The statements will be signed, nota-
rized, and filed under penalty of perjury by the candidate. Addi-
tionally, this section requires that if additional representations are
made by the candidate during the course of their campaign, that amended
disclosure statements must be filed at the time the next campaign
finance disclosure is filed.

Section two provides for a 90 day effective date.

 
JUSTIFICATION:

Having candidates attest to basic biographical information will allow
for early identification of candidates that are misleading the public,
or who do not qualify for the office they are pursuing based on residen-
cy requirements. Early identification of an untruthful or non-qualifying
candidate will ensure that only eligible candidates appear on our
ballots and that the public has a true choice when the go to the polls.
This bill balances the public's need for truthful information from
candidates, 'while ensuring that the disclosure does not have a chilling
effect. Democracy works best when people of various backgrounds and
experiences come together, and this bill balances those needs by limit-
ing the type of information that is disclosed.  This attestation will
help deter instances of untruthfulness from a candidate and gives the
public a way of verifying the things that candidates are claiming.

Unfortunately, we are forced to legislate truthfulness. Without proper
vetting of candidates, constituents are sometimes left without represen-
tation in government and ultimately lose faith in the electoral system.
It is imperative in New York State that candidates for public office be
truthful in the statements they make to voters, that voters should be
able to trust the information candidates share, and that there should be
a way for the public to verify such.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to state or local governments.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2023-S5884B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5884--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 2023
                                ___________
 
 Introduced  by  Sen.  LIU  --  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  committee  --  recommitted  to the Committee on Elections in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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.
                                                            LBD09321-08-4
 S. 5884--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.

co-Sponsors

2023-S5884C (ACTIVE) - Details

See Assembly Version of this Bill:: A5358
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §6-170, El L

2023-S5884C (ACTIVE) - Summary

2023-S5884C (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5884C

SPONSOR: LIU
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To require potential candidates to attest to the general biographical
information that they share with voters, including certain employment
history, service record, educational accomplishments that they tout, and
military service records.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one adds a new section 6-170 that requires candidates to attest
to their military service record, recent employment history, residential
address and certain educational records fifteen days after they file

their certificate or petitions to run for office with the applicable
Board of Elections. The receiving Board of Elections would then have
five business days to upload the information disclosed on their webpage.
Failure to file the necessary disclosure would result in a civil penalty
of $1,000, with an additional $25 per day that the disclosure is not
filed, up to a maximum of $2,000. Fines imposed pursuant to this section
may not be paid for from the candidates' campaign account. The Board
will note on their webpage if a candidate did not file their disclosure,
so that the public is aware that the background of the candidate has not
been disclosed. The statements will be signed, nota- rized, and filed
under penalty of perjury by the candidate. Addi- tionally, this section
requires that if additional representations are made by the candidate
during the course of their campaign, that amended disclosure statements
must be filed at the time the next campaign finance disclosure is filed.

Section two provides for a 90 day effective date.

 
JUSTIFICATION:

Having candidates attest to basic biographical information will allow
for early identification of candidates that are misleading the public,
or who do not qualify for the office they are pursuing based on residen-
cy requirements. Early identification of an untruthful or non-qualifying
candidate will ensure that only eligible candidates appear on our
ballots and that the public has a true choice when the go to the polls.
This bill balances the public's need for truthful information from
candidates, 'while ensuring that the disclosure does not have a chilling
effect. Democracy works best when people of various backgrounds and
experiences come together, and this bill balances those needs by limit-
ing the type of information that is disclosed. This attestation will
help deter instances of untruthfulness from a candidate and gives the
public a way of verifying the things that candidates are claiming.

Unfortunately, we are forced to legislate truthfulness. Without proper
vetting of candidates, constituents are sometimes left without represen-
tation in government and ultimately lose faith in the electoral system.
It is imperative in New York State that candidates for public office be
truthful in the statements they make to voters, that voters should be
able to trust the information candidates share, and that there should be
a way for the public to verify such.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to state or local governments.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2023-S5884C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5884--C
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 2023
                                ___________
 
 Introduced  by  Sens. LIU, BAILEY, COMRIE, SKOUFIS, THOMAS -- 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 committee -- recommitted to the
   Committee on Elections in accordance with Senate Rule  6,  sec.  8  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- 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 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09321-11-4
 S. 5884--C                          2

 
   (E) EDUCATIONAL HISTORY, INCLUDING HIGH SCHOOLS, COLLEGES OR UNIVERSI-
 TIES ATTENDED, DATES OF ATTENDANCE AND YEAR OF  GRADUATION  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  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.
   4. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
 S. 5884--C                          3
 
   A.  "MILITARY  SERVICE  RECORD" MEANS MILITARY SERVICE OF THE STATE OR
 MILITARY SERVICE OF THE UNITED STATES, AS DEFINED IN SECTION ONE OF  THE
 MILITARY  LAW,  SERVICE  AS  A MEMBER OF MILITARY RESERVES, AND MILITARY
 SERVICE FOR ANY OTHER COUNTRY OR TERRITORY OR SUBDIVISION  THEREOF,  THE
 NUMBER OF YEARS SERVED BY THE CANDIDATE, THE YEAR THE CANDIDATE FINISHED
 THEIR  MILITARY SERVICE AND THE RANK WITH WHICH THE CANDIDATE LEFT MILI-
 TARY SERVICE WITH;
   B. "EMPLOYMENT HISTORY" MEANS INFORMATION INCLUDING WHETHER THE CANDI-
 DATE WAS AN EMPLOYEE OR SUBCONTRACTOR, THE NAME  OF  THE  EMPLOYER,  THE
 TITLE OF THE POSITION HELD, AND DATES OF EMPLOYMENT.
   §  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.

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Senate Bill S5884C

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Current Bill Status - In Senate Committee Elections Committee

Bill Amendments

2023-S5884 - Details

2023-S5884 - Summary

2023-S5884 - Sponsor Memo

2023-S5884 - Bill Text download pdf

2023-S5884A - Details

2023-S5884A - Summary

2023-S5884A - Sponsor Memo

2023-S5884A - Bill Text download pdf

co-Sponsors

2023-S5884B - Details

2023-S5884B - Summary

2023-S5884B - Sponsor Memo

2023-S5884B - Bill Text download pdf

co-Sponsors

2023-S5884C (ACTIVE) - Details

2023-S5884C (ACTIVE) - Summary

2023-S5884C (ACTIVE) - Sponsor Memo

2023-S5884C (ACTIVE) - Bill Text download pdf

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