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This entry was published on 2014-09-22
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Prohibition against certain political activities; improper influence
§ 107. Prohibition against certain political activities; improper
influence. 1. Recommendations based on political affiliations. No
recommendation or question under the authority of this chapter shall
relate to the political opinions or affiliations of any person whatever;
and no appointment or selection to or removal from an office or
employment within the scope of this chapter or the rules established
thereunder, shall be in any manner affected or influenced by such
opinions or affiliations. No person in the civil service of the state or
of any civil division thereof is for that reason under any obligation to
contribute to any political fund or to render any political service, and
no person shall be removed or otherwise prejudiced for refusing so to
do. No person in the said civil service shall discharge or promote or
reduce, or in any manner change the official rank or compensation of any
other person in said service, or promise or threaten so to do, for
giving or withholding or neglecting to make any contribution of money or
service or any other valuable thing for any political purpose. No person
in said service shall use his official authority or influences to coerce
the political action of any person or body or to interfere with any

2. Inquiry concerning political affiliations. No person shall directly
or indirectly ask, indicate or transmit orally or in writing the
political affiliations of any employee in the civil service of the state
or of any civil division thereof or of any person dependent upon or
related to such an employee, as a test of fitness for holding office. A
violation of this subdivision shall be deemed a misdemeanor and
conviction thereof shall subject the person convicted to a fine of not
less than one hundred dollars nor more than five hundred dollars or to
imprisonment for not less than thirty days nor more than six months, or
to both such fine and imprisonment. Nothing herein contained shall be
construed to prevent or prohibit inquiry concerning the activities,
affiliation or membership of any applicant or employee in any group or
organization which advocates that the government of the United States or
of any state or of any political subdivision thereof should be
overturned by force, violence or any unlawful means.

3. Political assessments. No officer or employee of the state or any
civil division thereof shall, directly or indirectly, use his authority
or official influence to compel or induce any other officer or employee
of the state or any civil division thereof, to pay or promise to pay any
political assessment, subscription or contribution. Every officer or
employee who may have charge or control in any building, office or room
occupied for any governmental purpose is hereby authorized to prohibit
the entry of any person, and he shall not knowingly permit any person to
enter the same for the purpose of making, collecting, receiving or
giving notice therein, of any political assessment, subscription or
contribution; and no person shall enter or remain in any such office,
building or room, or send or direct any letter or other writing thereto,
for the purpose of giving notice of, demanding or collecting a political
assessment; nor shall any person therein give notice of, demand, collect
or receive any such assessment, subscription or contribution. No person
shall prepare or take any part in preparing any political assessment,
subscription or contribution with the intent that the same shall be sent
or presented to or collected of any officer or employee subject to the
provisions of this chapter, and no person shall knowingly send or
present any political assessment, subscription or contribution to or
request its payment of any said officer or employee. Any person
violating any provision of this subdivision shall be guilty of a

4. Prohibition against promise of influence. Any person, who while
holding any public office, or in nomination for, or while seeking a
nomination or appointment for any public office, shall corruptly use or
promise to use, whether directly or indirectly, any official authority
or influence, whether then possessed or merely anticipated, in the way
of conferring upon any person, or in order to secure or aid any person
in securing any office or public employment, or any nomination,
confirmation, promotion or increase of salary, upon the consideration
that the vote or political influence or action of the last-named person,
or any other, shall be given or used in behalf of any candidate, officer
or party, or upon any other corrupt condition or consideration, shall be
deemed guilty of bribery or an attempt at bribery. Any public officer,
or any person having or claiming to have any authority or influence for
or affecting the nomination, public employment, confirmation, promotion,
removal, or increase or decrease of salary of any public officer, who
shall corruptly use, or promise, or threaten to use any such authority
or influence, directly or indirectly in order to coerce or persuade the
vote or political action of any citizen or the removal, discharge or
promotion of any officer or public employee, or upon any other corrupt
consideration, shall also be guilty of bribery or of an attempt at
bribery. Every person found guilty of such bribery, or an attempt to
commit the same, as aforesaid, shall, upon conviction thereof, be liable
to be punished by a fine of not less than one hundred dollars nor more
than three thousand dollars, or to imprisonment for not less than ten
days nor more than two years, or to both such fine and imprisonment in
the discretion of the court.

5. Violation of this section. Complaints alleging a violation of this
section by a statewide elected official or a state officer or employee,
as defined in section seventy-three of the public officers law, may be
directed to the commission on public integrity.