New York State Assembly

 
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A01641 Summary:

A01641 Actions:

A01641 Committee Votes:

Committee:ELECTION LAW   Chair:Lavine      
DATE:03/12/2019AYE/NAY:15/0  Action: Favorable refer to committee Codes        
Lavine
Aye
Norris
Aye
Galef
Aye
Brabenec
Aye
Dinowitz
Aye
Mikulin
Aye
Lentol
Aye
Tague
Aye
Lifton
Aye
Buchwald
Aye
Blake
Aye
Walker
Absent
Carroll
Aye
Taylor
Aye
Jacobson
Aye
D'Urso
Aye

Committee:CODES   Chair:Lentol      
DATE:03/18/2019AYE/NAY:21/0  Action: Favorable         
Lentol
Aye
Ra
Aye
Schimminger
Aye
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
O'Donnell
Absent
Garbarino
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye

A01641 Floor Votes:

A01641 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A1641
 
SPONSOR: Seawright

 
TITLE OF BILL:
 
An act to amend the election law, in relation to requiring campaign
finance information of certain candidates or committees to be filed on
an electronic reporting system
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
The purpose of this bill is to require all candidates and committees,
pursuant to Article 14 of the Election Law, to file campaign-financial
disclosure statements with the New York State Board of Elections
(NYSBOE) by removing the $1,000 filing threshold.
 
 
SUMMARY OF PROVISIONS:

Section one eliminates the one thousand dollar ($1,000) filing threshold
to require all candidates or their authorized committee to electron-
ically file with the NYSBOE. It also removes language requiring local
and County filers to file with County Boards of Elections.
 
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
 
Not applicable.
 
 
JUSTIFICATION:
 
Prior to 2006, only candidates running for Statewide, State Senate,
State Assembly and other State offices filed campaign financial disclo-
sure reports with the New York State Board of Elections. In 2006, a law
was passed to require local filers to file with the State Board of
Elections if they raised or spent (or expected to) $1,000. The majority
of local campaigns meet the $1,000 threshold. County Board of Elections
have a minimal number of filers that still file paper at the local
level. This bill would take managing campaign finance compliance off of
the workload of County and City Boards of Elections.This bill would also
reduce confusion when it appears that a candidate or its authorized
committee may not have filed required disclosure reports. By having one
centralized depository in which all reports must be filed, it provides a
convenience and increased transparency to the public when they look for
campaign financial disclosure reports.
 
 
PRIOR LEGISLATIVE HISTORY:
 
2017-18: S.5455-A (Hamilton) - Referred to Senate Elections Committee /
A.6732-A (Seawright) - Passed in Assembly
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
There is a cost savings to County Boards of Elections. The State Board
of Elections would have an off-set cost. Local candidates who currently
file a paper CF-05 claim of exemption form with the NYSBOE would now be
registering and filing with the NYSBOE. NYSBOE's intake and processing
unit already has interaction with these filers.
 
 
EFFECTIVE DATE:
December 15, 2019.

A01641 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1641
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 16, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
          Committee on Election Law
 
        AN ACT to amend the election law,  in  relation  to  requiring  campaign
          finance information of certain candidates or committees to be filed on
          an electronic reporting system

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 4 and 5 of section 14-102 of the election law,
     2  subdivision 4 as amended and subdivision 5 as added by  chapter  406  of
     3  the laws of 2005, are amended to read as follows:
     4    4.  Any  committee which is required to file statements with any board
     5  of elections pursuant to this article [and which  raises  or  spends  or
     6  expects to raise or spend more than one thousand dollars in any calendar
     7  year]  shall file all such statements pursuant to the electronic report-
     8  ing system prescribed by the state board of elections as  set  forth  in
     9  subdivision nine-A of section 3-102 of this chapter. Notwithstanding the
    10  provisions  of this subdivision, upon the filing of a sworn statement by
    11  the treasurer of a political committee which states that such  political
    12  committee  does  not  have  access to the technology necessary to comply
    13  with the electronic filing requirements of subdivision nine-A of section
    14  3-102 of this chapter and that filing by such means would  constitute  a
    15  substantial  hardship  for  such political committee, the state board of
    16  elections may issue an exemption from the electronic filing requirements
    17  of this article.
    18    [5. Any committee which is required to  file  statements  pursuant  to
    19  this  article with county boards of elections shall file in paper format
    20  to the county board of elections or in electronic format if the legisla-
    21  tive body of any county provides, by local  law,  an  electronic  filing
    22  system and shall file such statements by electronic reporting process to
    23  the state board of elections.]
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01919-01-9
        A. 1641                             2
 
     1    §  2.  Subdivisions  2  and  3  of section 14-104 of the election law,
     2  subdivision 2 as amended and subdivision 3 as added by  chapter  406  of
     3  the laws of 2005, are amended to read as follows:
     4    2.  Statements filed by any political committee authorized by a candi-
     5  date pursuant to this article which is required to file such  statements
     6  with  any  board  of elections [and which raises or spends or expects to
     7  raise or spend more than one thousand  dollars  in  any  calendar  year]
     8  shall  file  all  such  statements  pursuant to the electronic reporting
     9  system prescribed by the state board of elections as set forth in subdi-
    10  vision nine-A of section 3-102  of  this  chapter.  Notwithstanding  the
    11  provisions  of this subdivision, upon the filing of a sworn statement by
    12  the treasurer of a political committee authorized by a candidate  pursu-
    13  ant  to  this  article  which  states  that such committee does not have
    14  access to the technology necessary to comply with the electronic  filing
    15  requirements  of subdivision nine-A of section 3-102 of this chapter and
    16  that filing by such means would constitute a  substantial  hardship  for
    17  such committee, the state board of elections may issue an exemption from
    18  the electronic filing requirements of this article.
    19    [3.  Any  committee  which  is required to file statements pursuant to
    20  this article with county boards of elections shall file in paper  format
    21  to the county board of elections or in electronic format if the legisla-
    22  tive  body  of  any  county provides, by local law, an electronic filing
    23  system and shall file such statements by electronic reporting process to
    24  the state board of elections.]
    25    § 3. This act shall take effect December 15, 2019.

A01641 LFIN:

 
NO LFIN

A01641 Chamber Video/Transcript: