Bill Text: NY A10210 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires candidates for district commissioner of a special district to file statements of campaign expenditure and contributions setting forth all moneys and other valuables paid, given, expended or promised by such candidate or incurred for or on behalf of such candidate with his or her approval by any person, firm, association, or corporation to aid the nomination or election of such candidate or to aid or influence the nomination or defeat of any candidate to be voted for at the election.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-24 - referred to local governments [A10210 Detail]
Download: New_York-2019-A10210-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10210 IN ASSEMBLY March 24, 2020 ___________ Introduced by M. of A. THIELE -- read once and referred to the Committee on Local Governments 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 24 for personal use which when taken together with the total expenditures 25 incurred by others on his or her behalf and with his or her approval do 26 not exceed five hundred dollars and where the aggregate amount of all 27 contributions made to such candidate does not exceed five hundred EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14501-01-9A. 10210 2 1 dollars; provided, however, that such candidate shall file a sworn 2 statement with the board of elections stating that his or her election 3 expenditures did not exceed five hundred dollars and contributions 4 received by such candidate did not exceed five hundred dollars. 5 (b) Any campaign expenditures and contributions statements required to 6 be filed pursuant to paragraph (a) of this subdivision shall include: 7 the dollar amount of any receipt, contribution or transfer or the fair 8 market value of any non-monetary receipt, contribution or transfer; the 9 name and address of the transferor, contributor or person from whom such 10 contribution was received and where the transferor, contributor or 11 person is a political committee, as defined in subdivision one of 12 section 14-100 of the election law, the name of the committee and the 13 political unit represented by the committee; the date of receipt of such 14 contribution; the dollar amount of every expenditure; the name and 15 address of the person to whom such contribution was made or the name of 16 and the political unit represented by the committee to which such 17 contribution was made and the date thereof. 18 (c) No person shall make expenditures on behalf of a candidate without 19 the approval of the candidate unless such person or persons files a 20 sworn statement with the state board of elections stating that the 21 candidate did not approve such expenditure. Such expenditure shall be 22 limited to twenty-five dollars and shall not be included in determining 23 the five hundred dollars exemption authorized pursuant to paragraph (a) 24 of this subdivision. 25 2. For the purposes of this section, expenditures for personal use 26 shall have the same meaning as in section 14-130 of the election law. 27 § 209-u. Times for filing statements. 1. Campaign expenditures and 28 contributions statements required to be filed pursuant to section two 29 hundred nine-t of this article shall be filed in accordance with the 30 following schedule: 31 (a) The first statement shall be filed on or before the thirtieth day 32 next preceding the election to which such statement relates; 33 (b) A second statement shall be filed on or before the fifth day next 34 preceding the election to which such statement relates; and 35 (c) A third statement shall be filed within twenty days next succeed- 36 ing the election to which such statement relates. 37 3. Each statement shall be preserved by the board with which it is 38 required to be filed for a period of five years from the date of filing 39 thereof. 40 4. Each statement filed pursuant to paragraph (a) of subdivision one 41 of section two hundred nine-t of this article shall constitute a part of 42 the public records of such board and shall be open to public inspection. 43 5. Unless otherwise provided, each campaign expenditures and contrib- 44 utions statement shall cover the period up to and including the day next 45 preceding the day specified for the filing thereof pursuant to subdivi- 46 sion two of this section; provided, however, that any contribution or 47 loan in excess of one thousand dollars, if received after the close of 48 the period to be covered in the last statement filed before the election 49 but before such election, shall be reported, in the same manner as other 50 contributions, within twenty-four hours after receipt of such contrib- 51 ution. 52 6. Each statement shall include a summary of all expenditures, 53 contributions and other information reported in each previous statement, 54 provided, however, that data reported in a previous statement shall not 55 be required to be itemized in subsequent statements.A. 10210 3 1 7. A statement shall be deemed properly filed when deposited in an 2 established post-office within the prescribed time, duly stamped, certi- 3 fied and directed to the officer or board with which such statement is 4 required to be filed. In the event a statement is not received by the 5 officer or board, such officer or board shall provide notice to the 6 candidate that the statement has not been received and the candidate 7 shall promptly file a duplicate statement with the officer or board. 8 § 209-v. Proceedings to compel filing of campaign expenditures and 9 contributions statements or corrected statements of campaign expendi- 10 tures and contributions. 1. The supreme court or a justice thereof, in a 11 proceeding instituted by any five qualified voters or by the candidate 12 voted for in the election for which campaign expenditures and contrib- 13 utions statements were required to be filed, may compel by order any 14 candidate required under the provisions of this article to file a 15 campaign expenditures and contributions statement who has not filed such 16 statement within the time prescribed by this article to file such state- 17 ment within five days after notice of such order. 18 2. The supreme court or a justice thereof, in a proceeding instituted 19 by any five qualified voters or by the candidate voted for in the 20 election for which campaign expenditures and contributions statements 21 were required to be filed, may compel by order any candidate or other 22 person or persons required under the provisions of this article to file 23 a campaign expenditures and contributions statement who has filed a 24 statement which does not conform to the requirements of this article in 25 respect to the truth, sufficiency in detail or other deficiency to file, 26 within five days' notice of the order, a new or supplemental statement 27 which makes the statement or statements true and complete. The state 28 board of elections shall be a necessary party in any such proceeding. 29 3. In every proceeding instituted under this section, the court may 30 confer immunity in accordance with the provisions of section 50.20 of 31 the criminal procedure law; provided, however, that no immunity shall be 32 conferred except upon twenty-four hours prior written notice to both the 33 attorney general and the appropriate district attorney having an offi- 34 cial interest therein. 35 § 209-w. Procedures. A special proceeding under the foregoing 36 provisions of this article shall be heard upon a verified petition and 37 such oral or written proof as may be offered, and, upon notice to such 38 officers, persons or candidates as the court, justice or judge shall 39 direct, shall be summarily determined. 40 § 2. This act shall take effect immediately.
