Bill Text: NY S00091 | 2021-2022 | General Assembly | Amended

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Bill Title: Sets forth the means of the disposition of campaign funds upon the conviction of a felony of a candidate, former candidate or holder of elective office.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO ELECTIONS [S00091 Detail]

Download: New_York-2021-S00091-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          91--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Elections  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to  amend  the  election law, in relation to the disposition of
          campaign funds upon the conviction of a felony of a candidate,  former
          candidate or holder of elective office

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

     1    Section 1. Subdivision 1 of section 14-132 of  the  election  law,  as
     2  added  by  section  2  of  part C of chapter 286 of the laws of 2016, is
     3  amended and a new subdivision 1-a is added to read as follows:
     4    1. Upon the death of a candidate, former candidate or holder of  elec-
     5  tive  office,  where  such candidate or candidate's authorized committee
     6  received campaign contributions, all such funds shall be disposed of  by
     7  any of the following means, or any combination thereof, within two years
     8  of the death of such person:
     9    (a)  returning,  pro rata, to each contributor the funds that have not
    10  been spent or obligated;
    11    (b) donating the funds to a charitable organization  or  organizations
    12  that meet the qualifications of section 501(c)(3) of the Internal Reven-
    13  ue Code;
    14    (c) donating the funds to the state university of New York or the city
    15  university of New York; or
    16    (d) donating the funds to the state's general fund[; or
    17    (e)  contributing  or  transferring  the  funds to a candidate, party,
    18  constituted or political committee in  accordance  with  the  applicable
    19  limits, if any, set forth in this article].
    20    1-a.  Upon  the  felony conviction of a candidate, former candidate or
    21  holder of elective office, where such candidate, candidate's  authorized

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00985-02-1
        S. 91--A                            2

     1  committee, or holder of elective office received campaign contributions,
     2  any  expenditures  of  such  funds shall be prohibited. Such prohibition
     3  shall be lifted upon reversal of the conviction  and  dismissal  of  the
     4  accusatory  instrument.  If the conviction becomes final, all such funds
     5  shall be disposed of by any of the means listed under subdivision one of
     6  this section  or  any  combination  thereof  within  two  years  of  the
     7  conviction becoming final.
     8    § 2. This act shall take effect immediately.