NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3360
SPONSOR: Carroll (MS)
 
TITLE OF BILL: An act to amend the election law, in relation to first
class mailing of compliance unit notices
 
PURPOSE OR GENERAL IDEA OF BILL:
To ensure candidates are promptly notified of potential campaign compli-
ance deficiencies.
 
SUMMARY OF SPECIFIC PROVISIONS:
This bill amends section 3-104-a of the election law to allow for first
class mailing of deficiency notices if an affidavit attesting to such
mailing is created to evidence such mailing.
 
JUSTIFICATION:
Current law requires the compliance unit within the board of elections
to mail a notice of deficiency relating to campaign finance statements
by certified mail, return receipt requested. Often, because pick-up at a
post office may be required, these mailing go unclaimed which deters
notice. Further, mailing by certified mail is an additional cost to the
State and is slower than first class mail. Allowing for the mailing of
such notices via first class mail will provide a cost savings, promote
the likelihood that these notices are timely received instead of remain-
ing unclaimed and/or returned to the board of elections.
 
PRIOR LEGISLATIVE HISTORY:
A.10638 of 2017-18
 
FISCAL IMPLICATIONS:
Cost savings to the State.
 
EFFECTIVE DATE:
This act shall take effect on the fifteenth day of December after it
shall become law.
STATE OF NEW YORK
________________________________________________________________________
3360
2019-2020 Regular Sessions
IN ASSEMBLY
January 29, 2019
___________
Introduced by M. of A. CARROLL, ORTIZ, D'URSO, SEAWRIGHT, GOTTFRIED --
Multi-Sponsored by -- M. of A. COOK -- read once and referred to the
Committee on Election Law
AN ACT to amend the election law, in relation to first class mailing of
compliance unit notices
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 3-104-a of the election law, as
2 added by section 5 of subpart B of part H of chapter 55 of the laws of
3 2014, is amended to read as follows:
4 1. There shall be a compliance unit within the board of elections. The
5 compliance unit shall examine campaign finance statements required to be
6 filed pursuant to article fourteen of this chapter. If such statements
7 are found to be deficient, the compliance unit shall notify the person
8 required to file such statement of such deficiency. Such notice shall be
9 in writing and mailed to the last known residence or business address of
10 such person by certified mail, return receipt requested, or mailed to
11 such address by first class mail if an affidavit attesting to such mail-
12 ing is created to evidence such mailing. If the person required to file
13 such statement is a treasurer who has stated that the committee has been
14 authorized by one or more candidates, a copy of such notice shall be
15 sent to each candidate by first class mail.
16 § 2. This act shall take effect on the fifteenth of December next
17 succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01994-01-9