Senate Bill S5496

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5496
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2025
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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  a  candidate
   for office to file additional information about the candidate's educa-
   tional  background,  military  service,  and  employment  history  and
   providing penalties for violations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short title.  This act shall be known and may be cited as
 the "Candidate Truth in Background Disclosures Act".
   § 2. The section heading and subdivision 1 of section  14-104  of  the
 election  law, the section heading as amended by chapter 430 of the laws
 of 1997, and subdivision 1 as amended by section 1 of part C of  chapter
 286 of the laws of 2016, are amended to read as follows:
   Statements of campaign receipts, contributions, transfers and expendi-
 tures  by  and  to  candidates  AND  OF EDUCATIONAL BACKGROUND, MILITARY
 SERVICE HISTORY AND EMPLOYMENT  HISTORY.  1.    (A)  Any  candidate  for
 election  to  public  office,  or  for nomination for public office at a
 contested primary election or convention, or for  election  to  a  party
 position  at  a  primary  election,  shall  file  statements  sworn,  or
 subscribed and bearing a form notice that false statements made  therein
 are  punishable  as  a class A misdemeanor pursuant to section 210.45 of
 the penal law, at the times prescribed by this article setting forth the
 particulars specified by section 14-102  of  this  article,  as  to  all
 moneys  or  other  valuable things, paid, given, expended or promised by
 [him or her] SUCH CANDIDATE to aid [his or her] THEIR own nomination  or
 election,  or  to promote the success or defeat of a political party, or
 to aid or influence the nomination or election  or  the  defeat  of  any
 other  candidate  to be voted for at the election or primary election or
 at a convention, including contributions to political committees,  offi-
 cers,  members  or  agents thereof, and transfers, receipts and contrib-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10095-01-5
              

 S. 5496                             2
 
 utions to [him or her] SUCH CANDIDATE to be used for any of the purposes
 above specified, or in lieu thereof, any such candidate may file such  a
 sworn  statement at the first filing period, on a form prescribed by the
 state  board  of elections that such candidate has made no such expendi-
 tures and does not intend to make any such expenditures, except  through
 a  political  committee  authorized  by  such candidate pursuant to this
 article. Such candidate may designate a committee of no less than  three
 persons  who  shall be authorized to appoint and remove the treasurer of
 any authorized committee of the candidate. The designation or revocation
 of the committee shall be evidenced in a writing filed  with  the  state
 board  of  elections  by  the  candidate  authorizing the committee. The
 candidate may revoke such designation at any time. A  committee  author-
 ized  by  such a candidate may fulfill all of the filing requirements of
 this act on behalf of such candidate.
   (B) ANY CANDIDATE FOR ELECTION TO PUBLIC OFFICE, OR FOR NOMINATION FOR
 PUBLIC OFFICE AT A CONTESTED PRIMARY  ELECTION  OR  CONVENTION,  OR  FOR
 ELECTION  TO  A  PARTY POSITION AT A PRIMARY ELECTION, SHALL FILE STATE-
 MENTS SWORN, OR SUBSCRIBED AND BEARING A FORM NOTICE THAT  FALSE  STATE-
 MENTS  MADE THEREIN ARE PUNISHABLE AS A CLASS  A MISDEMEANOR PURSUANT TO
 SECTION 210.45 OF THE PENAL LAW AT THE TIMES PRESCRIBED BY THIS  ARTICLE
 SETTING FORTH THE PARTICULARS OF THE CANDIDATE'S EDUCATIONAL BACKGROUND,
 MILITARY  SERVICE  HISTORY AND EMPLOYMENT HISTORY. A STATEMENT OR STATE-
 MENTS FILED PURSUANT TO THIS PARAGRAPH MUST BE FILED BY THE CANDIDATE; A
 STATEMENT FILED BY A DESIGNEE, INCLUDING A COMMITTEE, SHALL BE  HELD  TO
 BE INVALID. AS USED IN THIS PARAGRAPH:
   (I)  "EDUCATIONAL  BACKGROUND"  MEANS ALL SECONDARY SCHOOLS AND INSTI-
 TUTIONS OF HIGHER EDUCATION ATTENDED BY  THE  CANDIDATE,  THE  YEARS  OF
 ATTENDANCE  AT SUCH SCHOOLS, AND, IF APPLICABLE, THE YEAR OF SUCH GRADU-
 ATION;
   (II) "MILITARY SERVICE HISTORY" 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; AND
   (III) "EMPLOYMENT HISTORY" MEANS EACH POSITION OF EMPLOYMENT  HELD  BY
 THE  CANDIDATE SINCE THE AGE OF TWENTY-ONE OR FOR THE PAST TWENTY YEARS,
 WHICHEVER PERIOD IS SHORTER, WHETHER AS AN EMPLOYEE  OR  AN  INDEPENDENT
 CONTRACTOR, THAT EXCEEDED THREE MONTHS, AND THE NAME OF THE EMPLOYER.
   § 3. The section heading and subdivisions 1 and 2 of section 16-114 of
 the  election  law, subdivisions 1 and 2 as redesignated by chapter 9 of
 the laws of 1978, are amended to read as follows:
   Proceedings to compel filing of statements or corrected statements  of
 campaign  receipts,  expenditures  and  contributions  OR OF EDUCATIONAL
 BACKGROUND, MILITARY SERVICE HISTORY  AND  EMPLOYMENT  HISTORY.  1.  The
 supreme  court  or  a justice thereof, in a proceeding instituted by any
 candidate voted for at the election or primary or by any five  qualified
 voters  or by the state or other board of elections may compel by order,
 any person required to file a statement  of  receipts,  expenditures  or
 contributions  for campaign purposes OR A STATEMENT OF EDUCATIONAL BACK-
 GROUND, MILITARY SERVICE HISTORY AND EMPLOYMENT  HISTORY,  who  has  not
 filed  any such statement within the time prescribed by this chapter, to
 file such statement within five days after notice of the order.
   2. The supreme court or a justice thereof, in a proceeding  instituted
 by  any  candidate  voted  for at the election or primary or by any five
 S. 5496                             3
 
 qualified voters, or by the state or other board of elections in accord-
 ance with the provision of this chapter may compel by order  any  person
 required  under  the  provisions  of this chapter to file a statement of
 receipts,  expenditures  or  contributions  for  campaign  purposes OR A
 STATEMENT  OF  EDUCATIONAL  BACKGROUND,  MILITARY  SERVICE  HISTORY  AND
 EMPLOYMENT  HISTORY, who has filed a statement which does not conform to
 the requirements of this chapter in respect to its truth, sufficiency in
 detail or otherwise, to file a new or supplemental statement which shall
 make the statement or statements true  and  complete  within  five  days
 after  notice  of  the  order.   The state board of elections shall be a
 necessary party in any such proceeding.
   § 4. Paragraph (a) of subdivision 9-A of section 3-102 of the election
 law, as amended by section 8 of part ZZZ of chapter 58 of  the  laws  of
 2020, is amended to read as follows:
   (a)  develop  an electronic reporting system to process the statements
 of campaign receipts, contributions, transfers and expenditures required
 to be filed with any board of elections pursuant to  the  provisions  of
 sections  14-102,  14-104  and  14-201 of this chapter AND STATEMENTS OF
 EDUCATIONAL BACKGROUND, MILITARY SERVICE HISTORY AND EMPLOYMENT  HISTORY
 REQUIRED  TO  BE  FILED  WITH  ANY  BOARD  OF  ELECTIONS PURSUANT TO THE
 PROVISIONS OF SECTION 14-104 OF THIS CHAPTER;
   § 5. Subdivision 1 of section 14-126 of the election law is amended by
 adding a new paragraph (c) to read as follows:
   (C) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION,  ANY PERSON WHO KNOWINGLY AND WILLFULLY VIOLATES THE PROVISIONS OF
 PARAGRAPH (B) OF SUBDIVISION  ONE  OF  SECTION  14-104  OF  THIS  TITLE,
 INCLUDING  AN  INDIVIDUAL  WHO  KNOWINGLY  AND  WILLFULLY PROVIDES FALSE
 INFORMATION DESCRIBED IN PARAGRAPH (B) OF  SUBDIVISION  ONE  OF  SECTION
 14-104  OF  THIS  TITLE, SHALL BE FINED ONE THOUSAND DOLLARS OR SHALL BE
 IMPRISONED FOR ONE YEAR, OR BOTH. SUCH FINE SHALL BE  RECOVERABLE  IN  A
 SPECIAL  PROCEEDING  OR CIVIL ACTION TO BE BROUGHT BY THE CHIEF ENFORCE-
 MENT COUNSEL PURSUANT TO SECTION 16-114 OF THIS CHAPTER. ANY PERSON WHO,
 THREE OR MORE TIMES WITHIN A GIVEN  ELECTION  CYCLE  FOR  SUCH  TERM  OF
 OFFICE, KNOWINGLY AND WILLFULLY VIOLATES THE PROVISIONS OF PARAGRAPH (B)
 OF  SUBDIVISION  ONE OF SECTION 14-104 OF THIS TITLE, INCLUDING AN INDI-
 VIDUAL WHO KNOWINGLY AND WILLFULLY PROVIDES FALSE INFORMATION OF  EDUCA-
 TIONAL  BACKGROUND,  MILITARY  SERVICE HISTORY AND EMPLOYMENT HISTORY OF
 THIS ARTICLE,  SHALL  BE SUBJECT TO A CIVIL PENALTY, NOT  IN  EXCESS  OF
 TEN  THOUSAND  DOLLARS,  TO BE RECOVERABLE   AS PROVIDED   FOR  IN  THIS
 SUBDIVISION.
   § 6. This act shall take effect one year after it shall have become  a
 law  and  shall  apply  to  candidates  running  for office in elections
 commencing on and after such effective date.