Amd SS14-100, 14-102, 3-102, 14-102 & 14-104, El L
Relates to campaign finance reform; defines intermediary; requires disclosure statements to include the name of any intermediary who makes any form of contribution; authorizes committees to file certain statements electronically.
STATE OF NEW YORK
________________________________________________________________________
5006
2005-2006 Regular Sessions
IN SENATE
April 18, 2005
___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections
AN ACT to amend the election law, in relation to campaign finance reform
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 14-100 of the election law is amended by adding a
2 new subdivision 12 to read as follows:
3 12. "intermediary" means an individual, corporation, partnership,
4 political committee, employee organization, or other entity which, other
5 than in the regular course of business as a postal, delivery, or messen-
6 ger service, delivers any contribution from another person or entity to
7 a candidate or an authorized committee. "Intermediary" shall not include
8 spouses, parents, children, or siblings of the person making such
9 contribution.
10 § 2. Subdivision 1 of section 14-102 of the election law, as amended
11 by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
12 laws of 1978, is amended to read as follows:
13 1. The treasurer of every political committee which, or any officer,
14 member or agent of any such committee who, in connection with any
15 election, receives or expends any money or other valuable thing or
16 incurs any liability to pay money or its equivalent shall file state-
17 ments sworn, or subscribed and bearing a form notice that false state-
18 ments made therein are punishable as a class A misdemeanor pursuant to
19 section 210.45 of the penal law, at the times prescribed by this article
20 setting forth all the receipts, contributions to and the expenditures by
21 and liabilities of the committee, and of its officers, members and
22 agents in its behalf. Such statements shall include the dollar amount of
23 any receipt, contribution or transfer, or the fair market value of any
24 receipt, contribution or transfer, which is other than of money, the
25 name [and], address, occupation, employer, and business address of the
26 transferor, contributor, intermediary, or person from whom received, and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11313-01-5
S. 5006 2
1 if the transferor, contributor, intermediary, or person is a political
2 committee; the name of and the political unit represented by the commit-
3 tee, the date of its receipt, the dollar amount of every expenditure,
4 the name and address of the person to whom it was made or the name of
5 and the political unit represented by the committee to which it was made
6 and the date thereof, and shall state clearly the purpose of such
7 expenditure. Any statement reporting a loan shall have attached to it a
8 copy of the evidence of indebtedness. Expenditures in sums under fifty
9 dollars need not be specifically accounted for by separate items in said
10 statements, and receipts and contributions aggregating not more than
11 ninety-nine dollars, from any one contributor need not be specifically
12 accounted for by separate items in said statements, provided however,
13 that such expenditures, receipts and contributions shall be subject to
14 the other provisions of section 14-118 of this article.
15 § 3. Paragraph (a) of subdivision 9-A of section 3-102 of the election
16 law, as added by chapter 430 of the laws of 1997, is amended to read as
17 follows:
18 (a) develop an electronic reporting system to process the statements
19 of campaign receipts, contributions, transfers and expenditures required
20 to be filed with [the state] any board of elections pursuant to the
21 provisions of sections 14-102 and 14-104 of this chapter;
22 § 4. Subdivision 4 of section 14-102 of the election law, as added by
23 by chapter 430 of the laws of 1997, is amended and a new subdivision 5
24 is added to read as follows:
25 4. Any committee which is required to file statements with [the state]
26 any board of elections pursuant to this article and which raises or
27 spends or expects to raise or spend more than one thousand dollars in
28 any calendar year shall file all such statements pursuant to the elec-
29 tronic reporting system prescribed by the state board of elections as
30 set forth in subdivision nine-A of section 3-102 of this chapter.
31 Notwithstanding the provisions of this subdivision, upon the filing of a
32 sworn statement by the treasurer of a political committee which states
33 that such political committee does not have access to the technology
34 necessary to comply with the electronic filing requirements of subdivi-
35 sion nine-A of section 3-102 of this chapter and that filing by such
36 means would constitute a substantial hardship for such political commit-
37 tee, the state board of elections may issue an exemption from the elec-
38 tronic filing requirements of this article.
39 5. Any committee which is required to file statements pursuant to this
40 article with county boards of elections shall file in paper format to
41 the county board of elections or in electronic format if the legislative
42 body of any county provides, by local law, an electronic filing system
43 and shall file such statements by electronic reporting process to the
44 state board of elections.
45 § 5. Subdivision 2 of section 14-104 of the election law, as added by
46 chapter 430 of the laws of 1997, is amended and a new subdivision 3 is
47 added to read as follows:
48 2. Statements filed by any political committee authorized by a candi-
49 date pursuant to this article which is required to file such statements
50 with [the state] any board of elections and which raises or spends or
51 expects to raise or spend more than one thousand dollars in any calendar
52 year shall file all such statements pursuant to the electronic reporting
53 system prescribed by the state board of elections as set forth in subdi-
54 vision nine-A of section 3-102 of this chapter. Notwithstanding the
55 provisions of this subdivision, upon the filing of a sworn statement by
56 the treasurer of a political committee authorized by a candidate pursu-
S. 5006 3
1 ant to this article which states that such committee does not have
2 access to the technology necessary to comply with the electronic filing
3 requirements of subdivision nine-A of section 3-102 of this chapter and
4 that filing by such means would constitute a substantial hardship for
5 such committee, the state board of elections may issue an exemption from
6 the electronic filing requirements of this article.
7 3. Any committee which is required to file statements pursuant to this
8 article with county boards of elections shall file in paper format to
9 the county board of elections or in electronic format if the legislative
10 body of any county provides, by local law, an electronic filing system
11 and shall file such statements by electronic reporting process to the
12 state board of elections.
13 § 6. This act shall take effect immediately.
