NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5657
SPONSOR: Chandler-Waterman TITLE OF BILL:
An act to amend the election law, in relation to enacting the "forfei-
ture of campaign finance accounts and return of contributions act"
PURPOSE OR GENERAL IDEA OF BILL:
AN ACT to amend the election law, in relation to enacting the "forfei-
ture of campaign finance accounts and return of contributions act"
SUMMARY OF PROVISIONS:
Forfeiture of campaign finance. accounts and return of 6 contributions.)
The provisions of this section shall apply to any. person who holds or
maintains a campaign finance account or accounts subject to the
provisions of this article who: (a) is indicted or charged with a
'crime or is charged with a violation of the state ethics laws and
resigns from office due '-to said charges prior .to conviction or adju-
dication and complete disposition of said charges; or (b)is convicted of
a felony or crime for which such conviction would disqualify the person
from holding the elected office for .which the campaign funds were
raised; or (c) resigns from office due to formal complaints filed with
and charges brought by the legislative ethics commission, established by
section eighty of the legislative law for violation of state ethics laws
prior to complete adjudication and disposition of such complaints or
charges.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
JUSTIFICATION:
enacts the forfeiture of campaign finance accounts and return of
contributions act
PRIOR LEGISLATIVE HISTORY:
2013-2014: A8619 2015-2016: A6394 2017-2018: A258 2019-2020: A16
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date upon which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
5657
2023-2024 Regular Sessions
IN ASSEMBLY
March 20, 2023
___________
Introduced by M. of A. CHANDLER-WATERMAN -- read once and referred to
the Committee on Election Law
AN ACT to amend the election law, in relation to enacting the "forfei-
ture of campaign finance accounts and return of contributions act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "forfeiture
2 of campaign finance accounts and return of contributions act."
3 § 2. The election law is amended by adding a new section 14-134 to
4 read as follows:
5 § 14-134. Forfeiture of campaign finance accounts and return of
6 contributions. 1. The provisions of this section shall apply to any
7 person who holds or maintains a campaign finance account or accounts
8 subject to the provisions of this article who:
9 (a) is indicted or charged with a crime or is charged with a violation
10 of the state ethics laws and resigns from office due to said charges
11 prior to conviction or adjudication and complete disposition of said
12 charges; or
13 (b) is convicted of a felony or crime for which such conviction would
14 disqualify the person from holding the elected office for which the
15 campaign funds were raised; or
16 (c) resigns from office due to formal complaints filed with and charg-
17 es brought by the legislative ethics commission, established by section
18 eighty of the legislative law for violation of state ethics laws prior
19 to complete adjudication and disposition of such complaints or charges.
20 2. All such campaign finance accounts subject to the provisions of
21 this article and held or maintained by any person described in subdivi-
22 sion one of this section or, on behalf of such person, shall be
23 forfeited to the custody and the control of the office of the New York
24 state comptroller within ten days of the effective date of resignation
25 of said person's forfeiture of their office. The treasurer of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08136-01-3
A. 5657 2
1 campaign committee and the former office holder for which the campaign
2 finance account was maintained, shall be responsible for compliance
3 within the period set forth in this article or said person shall be
4 subject to a civil penalty of one thousand dollars per day until compli-
5 ance is met.
6 3. The New York state comptroller shall establish a forfeited campaign
7 finance funds account for the purpose of the return of said campaign
8 funds to the original donors and shall establish a process to provide
9 for the most expeditious return of campaign finance funds to donors in
10 the order of last donor first, until such funds have been fully
11 expended. To the extent that it is not possible to ascertain the identi-
12 ty of individual donors, any remaining unclaimed forfeited campaign
13 finance funds may be applied to the New York state comptroller's cost to
14 administer the forfeited campaign finance fund account.
15 § 3. This act shall take effect on the first of January next succeed-
16 ing the date upon which it shall have become a law.
