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.
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
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.
LBD01429-01-9
A. 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.
