Bill Text: NY A08371 | 2021-2022 | General Assembly | Amended


Bill Title: Relates to the disposition of campaign funds raised by an elected official who has been convicted of a crime committed while in public office or has been impeached and has been convicted, or has resigned public office following findings by either the attorney general or a committee of the legislature that the official has violated the law.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-05-06 - print number 8371c [A08371 Detail]

Download: New_York-2021-A08371-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         8371--C

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    October 20, 2021
                                       ___________

        Introduced  by  M. of A. STECK, GONZALEZ-ROJAS, WOERNER -- 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  accord-
          ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  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  the  disposition  of
          campaign funds raised by an elected official who has been convicted of
          a  crime  committed  while  in public office or has been impeached and
          convicted or has resigned

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section 14-132 of the election law is amended by adding a
     2  new subdivision 1-a to read as follows:
     3    1-a. No elected official who has been convicted of a  crime  committed
     4  while  in public office, or who has been impeached and convicted, or who
     5  resigned his or her public  office  following  findings  by  either  the
     6  attorney general or a committee of the legislature that the official has
     7  violated the law, shall expend any campaign funds raised while he or she
     8  held  such  same  public  office  in support of any candidate for public
     9  office or any issue in any campaign for public  office  in  this  state.
    10  Provided,  however, that nothing in this subdivision shall prohibit such
    11  former officeholder from raising and spending money in support of  poli-
    12  tical  activities in an account that did not exist at the time he or she
    13  held office, unless barred from doing so by any sentence for a crime  or
    14  impeachable  offense.  Where such elected official or elected official's
    15  authorized committee received campaign  contributions,  all  such  funds
    16  shall  be  disposed of by any of the following means, or any combination
    17  thereof, within two years of conviction or resignation:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13129-10-2

        A. 8371--C                          2

     1    (a) returning, pro rata, to each contributor the funds that  have  not
     2  been spent or obligated;
     3    (b)  donating  the funds to a charitable organization or organizations
     4  that meet the qualifications of section 501(c)(3) of the Internal Reven-
     5  ue Code;
     6    (c) donating the funds to the state university of New York or the city
     7  university of New York; or
     8    (d) donating the funds to the state's general fund.
     9    § 2. Subdivision 2 of section 14-132 of the election law, as added  by
    10  section  2  of  part C of chapter 286 of the laws of 2016, is amended to
    11  read as follows:
    12    2. No [such candidate's] authorized political committee on behalf of a
    13  candidate as described by subdivision one of  this  section  or  elected
    14  official described by subdivision one-a of this section shall dispose of
    15  campaign  funds  by  making  expenditures for personal use as defined in
    16  section 14-130 of this article.
    17    § 3. This act shall take effect immediately.
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