Bill Text: NY S00358 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to limitations on conduit or intermediary contributions in connection with the nomination or election of any one candidate for state or local office.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ELECTIONS [S00358 Detail]
Download: New_York-2019-S00358-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 358 2019-2020 Regular Sessions IN SENATE (Prefiled) January 9, 2019 ___________ Introduced by Sen. TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Elections AN ACT to amend the election law, in relation to establishing that no conduit or intermediary may contribute, loan or guarantee in excess of one thousand dollars in connection with the nomination or election of any one candidate for state or local office within the state of New York in any election cycle The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 8 of section 14-114 of the election law, as 2 amended by chapter 8 of the laws of 1978 and redesignated by chapter 9 3 of the laws of 1978, is amended to read as follows: 4 8. a. Except as may otherwise be provided for a candidate and his 5 family, no person may contribute, loan or guarantee in excess of one 6 hundred fifty thousand dollars within the state in connection with the 7 nomination or election of persons to state and local public offices and 8 party positions within the state of New York in any one calendar year. 9 For the purposes of this subdivision "loan" or "guarantee" shall mean a 10 loan or guarantee which is not repaid or discharged in the calendar year 11 in which it is made. 12 b. No conduit or intermediary may contribute, loan or guarantee in 13 excess of one thousand dollars in connection with the nomination or 14 election of any one candidate for state or local office within the state 15 of New York in any election cycle. For purposes of this subdivision, 16 "conduit or intermediary" means any person who receives and forwards an 17 earmarked contribution to a candidate or a candidate's authorized 18 committee. For the purposes of this paragraph, the following persons 19 shall not be considered to be conduits or intermediaries: 20 (i) an individual who is an employee or a full-time volunteer working 21 for the candidate's authorized committee, provided that the individual EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03950-01-9S. 358 2 1 is not acting in his or her capacity as a representative of an entity 2 prohibited from making contributions; 3 (ii) a fundraising representative conducting joint fundraising with 4 the candidate's authorized committee; 5 (iii) an affiliated committee; 6 (iv) a commercial fundraising firm retained by the candidate or the 7 candidate's authorized committee to assist in fundraising; and 8 (v) an individual who is expressly authorized by the candidate or the 9 candidate's authorized committee to engage in fundraising, and who occu- 10 pies a significant position within the candidate's campaign organiza- 11 tion, provided that the individual is not acting in his or her capacity 12 as a representative of an entity prohibited from making contributions. 13 c. Any person who is prohibited from making contributions or expendi- 14 tures in connection with an election for state or local public office 15 shall be prohibited from acting as a conduit for contributions earmarked 16 to candidates or their authorized committees. The provisions of this 17 subdivision shall not restrict the ability of an organization or commit- 18 tee to serve as a collecting agent for a political action committee. 19 d. Any person who receives an earmarked contribution shall forward 20 such earmarked contribution to the candidate or authorized committee, 21 except that: 22 (i) a fundraising representative shall follow the joint fundraising 23 procedures set forth at 11 CFR 102.17; and 24 (ii) a person who is prohibited from acting as a conduit pursuant to 25 paragraph c of this subdivision shall return the earmarked contribution 26 to the contributor. 27 e. (i) The intermediary or conduit of the earmarked contribution shall 28 report the original source and the recipient candidate or authorized 29 committee to the state board of elections, and to the recipient candi- 30 date or authorized committee. 31 (ii) The report to the state board of elections shall be included in 32 the conduit's or intermediary's report for the reporting period in which 33 the earmarked contribution was received. 34 (iii) The report to the recipient candidate or authorized committee 35 shall be made when the earmarked contribution is forwarded to the recip- 36 ient candidate or authorized committee. 37 (iv) The report by the conduit or intermediary shall contain the 38 following information: 39 (A) the name and mailing address of each contributor and, for each 40 earmarked contribution in excess of one hundred dollars, the contribu- 41 tor's occupation and the name of his or her employer; 42 (B) the amount of each earmarked contribution, the date received by 43 the conduit, and the intended recipient as designated by the contribu- 44 tor; and 45 (C) the date each earmarked contribution was forwarded to the recipi- 46 ent candidate or authorized committee and whether the earmarked contrib- 47 ution was forwarded in cash or by the contributor's check or by the 48 conduit's check. 49 (v) For each earmarked contribution passed through the conduit's or 50 intermediary's account, the information specified in subparagraph (iv) 51 of this paragraph shall be itemized on the appropriate schedules of 52 receipts and disbursements attached to the conduit's or intermediary's 53 report, or shall be disclosed by letter, as appropriate. For each 54 earmarked contribution forwarded in the form of the contributor's check 55 or other written instrument, the information specified in subparagraph 56 (iv) of this paragraph shall be disclosed as a memo entry on the appro-S. 358 3 1 priate schedules of receipts and disbursements attached to the conduit's 2 or intermediary's report, or shall be disclosed by letter, as appropri- 3 ate. For the purposes of this subdivision, "earmarked" means a desig- 4 nation, instruction or encumbrance, whether direct or indirect, express 5 or implied, oral or written, which results in all or any part of a 6 contribution or expenditure being made to, or expended on behalf of, a 7 clearly identified candidate or a candidate's authorized committee. 8 f. (i) The recipient candidate or authorized committee shall report 9 each conduit or intermediary who forwards one or more earmarked contrib- 10 utions which in the aggregate exceed one hundred dollars in any calendar 11 year. 12 (ii) The report by the recipient candidate or authorized committee 13 shall contain the following information: 14 (A) the identification of the conduit or intermediary; 15 (B) the total amount of earmarked contributions received from the 16 conduit or intermediary and the date of receipt; 17 (C) the information required under 11 CFR 104.3(a) (3) and (4) for 18 each earmarked contribution which in the aggregate exceeds one hundred 19 dollars in any calendar year; and 20 (D) a description of the benefits earned by the intermediary or 21 conduit for his or her efforts, including, but not limited to, special 22 access to the candidate or a public official; use of public facilities; 23 gifts; premiums; or the like. 24 (iii) The information specified in subparagraph (ii) of this paragraph 25 shall be itemized on a schedule to be attached to the report for the 26 reporting period in which the earmarked contribution is received. 27 g. (i) A conduit's or intermediary's contribution limits are not 28 affected by the forwarding of an earmarked contribution except where the 29 conduit or intermediary exercises any direction or control over the 30 choice of the recipient candidate. 31 (ii) If a conduit or intermediary exercises any direction or control 32 over the choice of the recipient candidate, the earmarked contribution 33 shall be considered a contribution by both the original contributor and 34 the conduit or intermediary. If the conduit or intermediary exercises 35 any direction or control over the choice of the recipient candidate, the 36 report filed by the conduit or intermediary and the report filed by the 37 recipient candidate or authorized committee shall indicate that the 38 earmarked contribution is made by both the original contributor and the 39 conduit or intermediary, and that the entire amount of the contribution 40 is attributed to each. 41 § 2. This act shall take effect immediately.
