|SAME AS S02967
|Kim, D'Urso, Epstein, Rozic
|Add §14-114-a, El L
|Relates to special restrictions on campaign contributions for district attorney candidates; requires such candidates to disclose to the board of elections the acceptance of campaign contributions from any law firm that represents defendants in criminal proceedings in any court in the state or from any licensed attorney employed by such law firm.
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1340 SPONSOR: Quart
TITLE OF BILL: An act to amend the election law, in relation to special restrictions on campaign contributions for district attorney candidates   SUMMARY OF SPECIFIC PROVISIONS: Section 1 creates a new section of the election law, 14-114a, which charges the Board of Elections with building a database of lawyers and law firms who practice criminal defense law in New York State and caps their contributions to candidates for district attorney at $320. Section 2 sets the effective date   JUSTIFICATION: District Attorneys are uniquely charged with the power to curtail an individual's liberty. In order to do this job with the trust of the public, a District Attorney must be free of even the implication of corruption. Assemblymember Quart's bill will ensure that candidates for District Attorney are severely limited in accepting campaign donations from the lawyers and law firms who represent criminal defendants. Based on the New York City Campaign Finance Board's model for borough-wide office, this bill will ensure that defendants with deep pockets aren't afforded inappropriate access to District Attorneys that all other New Yorkers lack.   PRIOR LEGISLATIVE HISTORY: 2018: A8278 referred to Elections   FISCAL IMPLICATIONS: TBD   EFFECTIVE DATE: Immediately
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STATE OF NEW YORK ________________________________________________________________________ 1340 2019-2020 Regular Sessions IN ASSEMBLY January 15, 2019 ___________ Introduced by M. of A. QUART, KIM -- read once and referred to the Committee on Election Law AN ACT to amend the election law, in relation to special restrictions on campaign contributions for district attorney candidates The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The election law is amended by adding a new section 2 14-114-a to read as follows: 3 § 14-114-a. Special restrictions for district attorney candidates. 1. 4 The state board of elections shall require that candidates for district 5 attorney shall disclose to the board the acceptance of campaign contrib- 6 utions from any law firm that represents defendants in criminal 7 proceedings in any court in the state of New York or from any licensed 8 attorney employed by such law firm. The board shall promulgate such 9 rules as it deems necessary to implement and administer this section and 10 shall provide that information regarding such contributions shall be 11 accessible to the public. 12 2. The term "legal dealings" means the legal representation of any 13 individual or corporate entity in any criminal proceeding brought 14 against that individual or corporate entity by any district attorney's 15 office in the state of New York. 16 3. The term "legal dealings database" means a computerized database 17 accessible to the board that contains the names of those who have legal 18 dealings with any district attorney in the state, including any law 19 firm, partnership or corporate entity that represents individuals or 20 corporate entities in any criminal proceeding in any court in the state 21 of New York; any licensed attorneys employed by or affiliated with such 22 a law firm, partnership or corporate entity; any person serving as chief 23 executive officer, chief financial officer, chief operating officer or 24 persons serving in an equivalent capacity at such a law firm, partner- 25 ship or corporate entity; any person serving as an equity partner at EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01429-01-9A. 1340 2 1 such a law firm, partnership or corporate entity; and any person with an 2 ownership interest in such a law firm, partnership or corporate entity. 3 Such database shall be developed, maintained and updated by the state 4 board of elections in a manner so as to ensure its reasonable accuracy 5 and completeness; provided, however, that in no event shall such data- 6 base be updated less frequently than once a month. Such computerized 7 database shall contain a function to enable members of the public to 8 determine if a person is in the database due to such person having legal 9 dealings with a district attorney and shall provide a date as to when 10 such person is considered to have begun having legal dealings with a 11 district attorney pursuant to subdivision two of this section. 12 4. A person shall be considered to have legal dealings with a district 13 attorney as of the date the person's name is entered in the "legal deal- 14 ings database", as such date is indicated in such database, or the date 15 the person began having legal dealings with the district attorney, as 16 such date is indicated in the database, whichever is earlier. 17 5. A candidate for district attorney or his or her principal committee 18 may not accept, either directly or by transfer, any contribution or 19 contributions for a covered election in which he or she is a participat- 20 ing candidate from a person or entity who has legal dealings with a 21 district attorney's office, as such term is defined in subdivision two 22 of this section, if the aggregate of such contributions to such candi- 23 date from such person for all covered elections in the same calendar 24 year exceeds three hundred twenty dollars. Notwithstanding any provision 25 of this subdivision, the limitations on contributions contained herein 26 shall not apply to any contribution made by a natural person who has 27 legal dealings with a district attorney to a participating candidate or 28 his or her principal committee where such participating candidate is the 29 contributor, or where such participating candidate is the contributor's 30 parent, spouse, domestic partner, sibling, child, grandchild, aunt, 31 uncle, cousin, niece or nephew by blood or by marriage. 32 6. Each district attorney candidate and his or her principal committee 33 shall report to the board every contribution, loan, guarantee, or other 34 security for such loan received by the candidate and such committee, the 35 full name, residential address, occupation, employer and business 36 address of each contributor, lender, guarantor or provider of security 37 and of each person or entity which is the intermediary for such contrib- 38 ution, loan, guarantee, or other security for such loan. Disclosure 39 reports shall be submitted at such times and in such form as the board 40 shall require and shall be clearly legible. 41 § 2. This act shall take effect immediately.