Bill Text: NY A05358 | 2023-2024 | General Assembly | Amended
Bill Title: Requires certain candidates to file a statement attesting to the veracity of statements regarding the candidate's educational history, and service, employment and residency record; provides for the filing of amended statements; provides penalties.
Spectrum: Strong Partisan Bill (Democrat 19-2)
Status: (Introduced) 2024-03-28 - print number 5358c [A05358 Detail]
Download: New_York-2023-A05358-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5358--C 2023-2024 Regular Sessions IN ASSEMBLY March 7, 2023 ___________ Introduced by M. of A. SILLITTI, SHIMSKY, EPSTEIN, DeSTEFANO, KELLES, RAGA, SIMONE, NOVAKHOV, SIMON, LUNSFORD, ARDILA, GLICK, McDONALD, BICHOTTE HERMELYN, SEAWRIGHT, DINOWITZ, WALLACE, L. ROSENTHAL, CRUZ -- read once and referred to the Committee on Election Law -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Election Law in accordance with Assembly Rule 3, sec. 2 -- again reported from said committee with amendments, ordered reprinted as amended and recommit- ted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the election law, in relation to requiring certain candidates to file a statement attesting to the veracity of statements regarding the candidate's educational history, and service, employment and residency record 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 6-170 2 to read as follows: 3 § 6-170. Veracity of statements of candidates. 1. Fifteen days after 4 the filing of a certificate of acceptance, certificate to fill a vacan- 5 cy, a petition for an opportunity to ballot by a candidate pursuant to 6 section 6-158 of this article, the filing of a designating petition 7 pursuant to section 6-132 of this article, or the filing of an independ- 8 ent nominating petition pursuant to section 6-140 of this article, each 9 candidate shall submit a sworn statement including the following infor- 10 mation: 11 (a) military service record, if any, including dates of enlistment and 12 discharge and appointments; 13 (b) employment history, if any, for the previous five years; 14 (c) current residential address; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09321-10-4A. 5358--C 2 1 (d) an attestation by the candidate that the candidate meets the resi- 2 dency requirements of the office that they seek; and 3 (e) educational history, including high schools, colleges or universi- 4 ties attended, dates of attendance and year of graduation and degrees 5 received if any, or employment history not otherwise disclosed pursuant 6 to paragraph (b) of this subdivision, that the candidate voluntarily 7 represents on their website, in their campaign literature or verbally 8 during the course of their campaign. 9 In the event that the fifteenth day after the filing of a certificate 10 of acceptance, certificate to fill a vacancy, a petition for an opportu- 11 nity to ballot by a candidate pursuant to section 6-158 of this article, 12 the filing of a designating petition pursuant to section 6-132 of this 13 article, or the filing of an independent nominating petition pursuant to 14 section 6-140 of this article occurs on a weekend or state or federal 15 holiday, the filing shall be due on the next succeeding business day. 16 Such statement shall be attested to by the candidate under penalty of 17 perjury, notarized and filed with the board of elections where the 18 certificate of acceptance, certificate to fill a vacancy, petition for 19 an opportunity to ballot, designating petition filed pursuant to section 20 6-132 of this article, or independent nominating petition filed pursuant 21 to section 6-140 of this article was filed. Such statement shall be 22 amended, as needed, upon the making of additional representations by the 23 candidate during the course of the campaign. Such amendments shall be 24 filed with the applicable board of elections that the candidate filed 25 their original statement with on the date that the next statement of 26 campaign receipt and expenditure is filed pursuant to the schedule 27 promulgated by the state board of elections. Such amended statement 28 shall be attested to by the candidate under penalty of perjury and nota- 29 rized in the same manner as the original statement. Failure to file an 30 amended statement shall constitute a further attestation by the candi- 31 date that the original statement remains true, complete and correct. 32 2. Within five business days of the filing of any statement or amended 33 statement by a candidate pursuant to this section, the applicable board 34 of elections which has received the statement or amended statement, 35 shall post the statements required by this section on its website. If 36 the candidate statement required by this section has not been received, 37 the applicable board of elections shall notify the candidates who have 38 failed to provide the required statement that they are required to 39 comply with the requirements of this section and shall individually 40 identify each candidate for whom a certificate of acceptance, certif- 41 icate to fill a vacancy, petition for an opportunity to ballot, desig- 42 nating petition or independent nominating petition has been received, 43 but who has failed to provide the statement required by this section on 44 the applicable board of elections website along with the completed 45 statements that it has received from other candidates. 46 3. Failure to file the statement, or an amended statement, required by 47 this section within five business days of the applicable filing period 48 deadline of any designating petition carries an initial civil penalty 49 not to exceed one thousand dollars, with additional penalties accruing 50 at twenty-five dollars for each day the statement is more than ten busi- 51 ness days overdue, up to a maximum additional penalty of one thousand 52 dollars. Penalties imposed by the board of elections for violations of 53 the reporting requirement set forth in this section shall be paid by the 54 candidate failing to file the required disclosure. Such penalty levied 55 by the board of elections shall not be paid from contributions or funds 56 available in a campaign account.A. 5358--C 3 1 4. For purposes of this section, the following terms shall have the 2 following meanings: 3 a. "military service record" means military service of the state or 4 military service of the United States, as defined in section one of the 5 military law, service as a member of military reserves, and military 6 service for any other country or territory or subdivision thereof, the 7 number of years served by the candidate, the year the candidate finished 8 their military service and the rank with which the candidate left mili- 9 tary service with; 10 b. "employment history" means information including whether the candi- 11 date was an employee or subcontractor, the name of the employer, the 12 title of the position held, and dates of employment. 13 § 2. This act shall take effect on the ninetieth day after it shall 14 have become a law. Effective immediately, the addition, amendment and/or 15 repeal of any rule or regulation necessary for the implementation of 16 this act on its effective date are authorized to be made and completed 17 on or before such effective date.
