Bill Text: NY A05358 | 2023-2024 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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--B 2023-2024 Regular Sessions IN ASSEMBLY March 7, 2023 ___________ Introduced by M. of A. SILLITTI, EPSTEIN, KELLES, DeSTEFANO, RAGA, SIMONE, SIMON, NOVAKHOV -- 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 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; 15 (d) an attestation by the candidate that the candidate meets the resi- 16 dency requirements of the office that they seek; and 17 (e) educational history, including high schools, colleges or universi- 18 ties attended, dates of attendance and degrees received if any, or 19 employment history not otherwise disclosed pursuant to paragraph (b) of 20 this subdivision that the candidate voluntarily represents on their EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09321-09-4A. 5358--B 2 1 website, in their campaign literature or verbally during the course of 2 their campaign. 3 In the event that the fifteenth day after the filing of a certificate 4 of acceptance, certificate to fill a vacancy, a petition for an opportu- 5 nity to ballot by a candidate pursuant to section 6-158 of this article, 6 the filing of a designating petition pursuant to section 6-132 of this 7 article, or the filing of an independent nominating petition pursuant to 8 section 6-140 of this article occurs on a weekend or state or federal 9 holiday, the filing shall be due on the next succeeding business day. 10 Such statement shall be attested to by the candidate under penalty of 11 perjury, notarized and filed with the board of elections where the 12 certificate of acceptance, certificate to fill a vacancy, petition for 13 an opportunity to ballot, designating petition filed pursuant to section 14 6-132 of this article, or independent nominating petition filed pursuant 15 to section 6-140 of this article was filed. Such statement shall be 16 amended, as needed, upon the making of additional representations by the 17 candidate during the course of the campaign. Such amendments shall be 18 filed with the applicable board of elections that the candidate filed 19 their original statement with on the date that the next statement of 20 campaign receipt and expenditure is filed pursuant to the schedule 21 promulgated by the state board of elections. Such amended statement 22 shall be attested to by the candidate under penalty of perjury and nota- 23 rized in the same manner as the original statement. Failure to file an 24 amended statement shall constitute a further attestation by the candi- 25 date that the original statement remains true, complete and correct. 26 2. Within five business days of the filing of any statement or amended 27 statement by a candidate pursuant to this section, the applicable board 28 of elections which has received the statement or amended statement, 29 shall post the statements required by this section on its website. If 30 the candidate statement required by this section has not been received, 31 the applicable board of elections shall notify the candidates who have 32 failed to provide the required statement that they are required to 33 comply with the requirements of this section and shall individually 34 identify each candidate for whom a certificate of acceptance, certif- 35 icate to fill a vacancy, petition for an opportunity to ballot, desig- 36 nating petition or independent nominating petition has been received, 37 but who has failed to provide the statement required by this section on 38 the applicable board of elections website along with the completed 39 statements that it has received from other candidates. 40 3. Failure to file the statement, or an amended statement, required by 41 this section within five business days of the applicable filing period 42 deadline of any designating petition carries an initial civil penalty 43 not to exceed one thousand dollars, with additional penalties accruing 44 at twenty-five dollars for each day the statement is more than ten busi- 45 ness days overdue, up to a maximum additional penalty of one thousand 46 dollars. Penalties imposed by the board of elections for violations of 47 the reporting requirement set forth in this section shall be paid by the 48 candidate failing to file the required disclosure. Such penalty levied 49 by the board of elections shall not be paid from contributions or funds 50 available in a campaign account. 51 § 2. This act shall take effect on the ninetieth day after it shall 52 have become a law. Effective immediately, the addition, amendment and/or 53 repeal of any rule or regulation necessary for the implementation of 54 this act on its effective date are authorized to be made and completed 55 on or before such effective date.
