S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5879

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2011
                               ___________

Introduced  by M. of A. KAVANAGH, STEVENSON -- read once and referred to
  the Committee on Election Law

AN ACT to amend the election law, in relation to contribution activities
  by an intermediary

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The election law is amended by adding a new section 14-105
to read as follows:
  S 14-105.  CONTRIBUTION DELIVERY ACTIVITIES BY AN INTERMEDIARY. 1. FOR
PURPOSES OF THIS SECTION  "INTERMEDIARY"  MEANS  AN  INDIVIDUAL,  CORPO-
RATION, PARTNERSHIP, POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER
ENTITY WHICH:
  (A) OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY
OR  MESSENGER  SERVICE, DELIVERS ANY CONTRIBUTION FROM ANOTHER PERSON OR
ENTITY TO A CANDIDATE OR AUTHORIZED COMMITTEE; OR
  (B) SOLICITS CONTRIBUTIONS TO A CANDIDATE OR OTHER AUTHORIZED  COMMIT-
TEE  WHERE  SUCH  SOLICITATION  IS KNOWN TO SUCH CANDIDATE OR HIS OR HER
AUTHORIZED COMMITTEE. FOR  PURPOSES  OF  THIS  PARAGRAPH,  ONLY  PERSONS
CLEARLY  IDENTIFIED  AS THE SOLICITOR OF A CONTRIBUTION TO THE CANDIDATE
OR HIS OR HER AUTHORIZED COMMITTEE SHALL BE PRESUMED TO BE KNOWN TO SUCH
CANDIDATE OR HIS OR HER AUTHORIZED COMMITTEE. "INTERMEDIARY"  SHALL  NOT
INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS, CHILDREN OR SIBLINGS OF THE
PERSON  MAKING  SUCH  CONTRIBUTION,  OR  ANY PAID OR VOLUNTEER FULL-TIME
CAMPAIGN WORKERS OR COMMERCIAL FUNDRAISING FIRMS RETAINED BY THE  CANDI-
DATE AND THE AGENTS THEREOF.
  2. WHEN CONTRIBUTIONS TOTALING ONE THOUSAND DOLLARS OR MORE ARE DELIV-
ERED  BY  THE INTERMEDIARY TO THE RECIPIENT CANDIDATE, AUTHORIZED CANDI-
DATE COMMITTEE OR PARTY COMMITTEE, THE INTERMEDIARY  SHALL  INDICATE  IN
WRITING  TO  THE  RECIPIENT CANDIDATE, AUTHORIZED CANDIDATE COMMITTEE OR
PARTY COMMITTEE THE FOLLOWING INFORMATION:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00071-01-1

              

A. 5879                             2

  (A) THE NAME, MAILING ADDRESS AND OCCUPATION OF EACH  CONTRIBUTOR  WHO
MAKES  A  CONTRIBUTION  OVER NINETY-NINE DOLLARS, AND THE AMOUNT OF EACH
CONTRIBUTION, AND FOR EACH CONTRIBUTION OF TWO HUNDRED DOLLARS OR  MORE,
THE NAME AND ADDRESS OF SUCH CONTRIBUTOR'S EMPLOYER;
  (B) THE TOTAL AGGREGATE AMOUNT OF CONTRIBUTIONS OF NINETY-NINE DOLLARS
OR LESS; AND
  (C) THE DATE THE CONTRIBUTION WAS RECEIVED BY THE INTERMEDIARY AND THE
DATE  THE  CONTRIBUTIONS  WERE  DELIVERED  TO  THE  RECIPIENT CANDIDATE,
AUTHORIZED CANDIDATE COMMITTEE OR PARTY COMMITTEE.
  3. THE RECIPIENT CANDIDATE, AUTHORIZED CANDIDATE  COMMITTEE  OR  PARTY
COMMITTEE  SHALL REPORT TO THE STATE BOARD OF ELECTIONS THE INTERMEDIARY
WHO DELIVERS CONTRIBUTIONS TOTALING ONE THOUSAND DOLLARS OR MORE ON  THE
STATEMENTS REQUIRED BY THIS ARTICLE.
  4.  THE  STATE BOARD OF ELECTIONS SHALL PROVIDE A SECTION FOR INTERME-
DIARY REPORTING AS REQUIRED BY THIS SECTION, WHICH SHALL INCLUDE:
  (A) THE NAME, MAILING ADDRESS, OCCUPATION AND EMPLOYER OF THE INTERME-
DIARY; AND
  (B) THE TOTAL AMOUNT OF CONTRIBUTIONS DELIVERED BY THE INTERMEDIARY TO
THE CANDIDATE, THE CANDIDATE'S AUTHORIZED COMMITTEE OR A  PARTY  COMMIT-
TEE.
  S  2.  This act shall take effect January 1, 2013.  Provided, however,
that contributions legally received prior to the effective date of  this
act  may  be  retained  and  expended  for lawful purposes and shall not
provide the basis for a violation of article 14 of the election law,  as
amended  by  this  act;  and  provided, further, that the state board of
elections shall notify all candidates and political  committees  of  the
applicable  provisions  of  this  act  within thirty days after this act
shall have become a law.