STATE OF NEW YORK
________________________________________________________________________
6402--A
2021-2022 Regular Sessions
IN ASSEMBLY
March 17, 2021
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Local Governments -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the town law, in relation to requiring statements of
campaign expenditure and contributions to be filed by candidates for
district commissioner of a special district
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The town law is amended by adding a new article 12-D to
2 read as follows:
3 ARTICLE 12-D
4 STATEMENTS OF CAMPAIGN EXPENDITURES AND CONTRIBUTIONS
5 Section 209-t. Expenditure and contribution statement.
6 209-u. Times for filing statements.
7 209-v. Proceedings to compel filing of campaign expenditures and
8 contributions statements or corrected statements of
9 campaign expenditures and contributions.
10 209-w. Procedures.
11 § 209-t. Expenditure and contribution statement. 1. (a) Any candidate
12 for election for district commissioner of a special district, as defined
13 in subdivision sixteen of section one hundred two of the real property
14 tax law, shall file a sworn statement of campaign expenditures and
15 contributions with the state board of elections setting forth all moneys
16 and other valuables paid, given, expended or promised by such candidate
17 or incurred for or on behalf of such candidate with his or her approval
18 by any person, firm, association, or corporation to aid the nomination
19 or election of such candidate or to aid or influence the nomination or
20 defeat of any candidate to be voted for at the election. A candidate
21 for election for district commissioner of a special district shall not
22 be required to file such statement with the board of elections if the
23 candidate did not have any expenditures or whose only expenditures were
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01208-04-1
A. 6402--A 2
1 for personal use which when taken together with the total expenditures
2 incurred by others on his or her behalf and with his or her approval do
3 not exceed five hundred dollars and where the aggregate amount of all
4 contributions made to such candidate does not exceed five hundred
5 dollars; provided, however, that such candidate shall file a sworn
6 statement with the board of elections stating that his or her election
7 expenditures did not exceed five hundred dollars and contributions
8 received by such candidate did not exceed five hundred dollars.
9 (b) Any campaign expenditures and contributions statements required to
10 be filed pursuant to paragraph (a) of this subdivision shall include:
11 the dollar amount of any receipt, contribution or transfer or the fair
12 market value of any non-monetary receipt, contribution or transfer; the
13 name and address of the transferor, contributor or person from whom such
14 contribution was received and where the transferor, contributor or
15 person is a political committee, as defined in subdivision one of
16 section 14-100 of the election law, the name of the committee and the
17 political unit represented by the committee; the date of receipt of such
18 contribution; the dollar amount of every expenditure; the name and
19 address of the person to whom such contribution was made or the name of
20 and the political unit represented by the committee to which such
21 contribution was made and the date thereof.
22 (c) No person shall make expenditures on behalf of a candidate without
23 the approval of the candidate unless such person or persons files a
24 sworn statement with the state board of elections stating that the
25 candidate did not approve such expenditure. Such expenditure shall be
26 limited to twenty-five dollars and shall not be included in determining
27 the five hundred dollars exemption authorized pursuant to paragraph (a)
28 of this subdivision.
29 2. For the purposes of this section, expenditures for personal use
30 shall have the same meaning as in section 14-130 of the election law.
31 § 209-u. Times for filing statements. 1. Campaign expenditures and
32 contributions statements required to be filed pursuant to section two
33 hundred nine-t of this article shall be filed in accordance with the
34 following schedule:
35 (a) The first statement shall be filed on or before the thirtieth day
36 next preceding the election to which such statement relates;
37 (b) A second statement shall be filed on or before the fifth day next
38 preceding the election to which such statement relates; and
39 (c) A third statement shall be filed within twenty days next succeed-
40 ing the election to which such statement relates.
41 3. Each statement shall be preserved by the board with which it is
42 required to be filed for a period of five years from the date of filing
43 thereof.
44 4. Each statement filed pursuant to paragraph (a) of subdivision one
45 of section two hundred nine-t of this article shall constitute a part of
46 the public records of such board and shall be open to public inspection.
47 5. Unless otherwise provided, each campaign expenditures and contrib-
48 utions statement shall cover the period up to and including the day next
49 preceding the day specified for the filing thereof pursuant to subdivi-
50 sion two of this section; provided, however, that any contribution or
51 loan in excess of one thousand dollars, if received after the close of
52 the period to be covered in the last statement filed before the election
53 but before such election, shall be reported, in the same manner as other
54 contributions, within twenty-four hours after receipt of such contrib-
55 ution.
A. 6402--A 3
1 6. Each statement shall include a summary of all expenditures,
2 contributions and other information reported in each previous statement,
3 provided, however, that data reported in a previous statement shall not
4 be required to be itemized in subsequent statements.
5 7. A statement shall be deemed properly filed when deposited in an
6 established post-office within the prescribed time, duly stamped, certi-
7 fied and directed to the officer or board with which such statement is
8 required to be filed. In the event a statement is not received by the
9 officer or board, such officer or board shall provide notice to the
10 candidate that the statement has not been received and the candidate
11 shall promptly file a duplicate statement with the officer or board.
12 § 209-v. Proceedings to compel filing of campaign expenditures and
13 contributions statements or corrected statements of campaign expendi-
14 tures and contributions. 1. The supreme court or a justice thereof, in a
15 proceeding instituted by any five qualified voters or by the candidate
16 voted for in the election for which campaign expenditures and contrib-
17 utions statements were required to be filed, may compel by order any
18 candidate required under the provisions of this article to file a
19 campaign expenditures and contributions statement who has not filed such
20 statement within the time prescribed by this article to file such state-
21 ment within five days after notice of such order.
22 2. The supreme court or a justice thereof, in a proceeding instituted
23 by any five qualified voters or by the candidate voted for in the
24 election for which campaign expenditures and contributions statements
25 were required to be filed, may compel by order any candidate or other
26 person or persons required under the provisions of this article to file
27 a campaign expenditures and contributions statement who has filed a
28 statement which does not conform to the requirements of this article in
29 respect to the truth, sufficiency in detail or other deficiency to file,
30 within five days' notice of the order, a new or supplemental statement
31 which makes the statement or statements true and complete. The state
32 board of elections shall be a necessary party in any such proceeding.
33 3. In every proceeding instituted under this section, the court may
34 confer immunity in accordance with the provisions of section 50.20 of
35 the criminal procedure law; provided, however, that no immunity shall be
36 conferred except upon twenty-four hours prior written notice to both the
37 attorney general and the appropriate district attorney having an offi-
38 cial interest therein.
39 § 209-w. Procedures. A special proceeding under the foregoing
40 provisions of this article shall be heard upon a verified petition and
41 such oral or written proof as may be offered, and, upon notice to such
42 officers, persons or candidates as the court, justice or judge shall
43 direct, shall be summarily determined.
44 § 2. This act shall take effect on the first of January next succeed-
45 ing the date on which it shall have become a law.