NY State Senate Bill 2017-S5455A

Senate Bill S5455A

2017-2018 Legislative Session

Requires campaign finance information of certain candidates or committees to be filed on an electronic reporting system

download bill text pdf

Archive: Last Bill Status - In Senate Committee Elections Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 18, 2018	print number 5455a
Jan 18, 2018	amend and recommit to elections
Jan 03, 2018	referred to elections
Jun 21, 2017	committed to rules
May 24, 2017	advanced to third reading
May 23, 2017	2nd report cal.
May 22, 2017	1st report cal.1084
Mar 29, 2017	referred to elections

Votes

- May 22, 2017 - Elections Committee Vote
  S5455A
  
  8
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: May 22, 2017
      
      aye (8)
      
      Akshar
      
      Avella
      
      Comrie
      
      Dilan
      
      Gallivan
      
      Krueger
      
      Marchione
      
      Tedisco
      
      aye wr (1)
      
      Amedore

Bill Amendments

Original

A (Active)

2017-S5455 - Details

See Assembly Version of this Bill:: A6732
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§14-102 & 14-104, El L
Versions Introduced in 2019-2020 Legislative Session:: S3903, A1641

2017-S5455 - Summary

Requires campaign finance information of certain candidates or committees to be filed on an electronic reporting system.

2017-S5455 - Sponsor Memo

                                 BILL NUMBER:  S5455

 TITLE OF BILL :  An act to amend the election law, in relation to
requiring campaign finance information of certain candidates or
committees to be filed on an electronic reporting system

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to require all candidates and committees,
pursuant to Article 14 of the Election Law, to file campaign financial
disclosure statements with the New York State Board of Elections
(NYSBOE) by removing the $1,000 filing threshold.

 SUMMARY OF PROVISIONS :

Section one eliminates the one thousand dollar ($1,000) filing
threshold to require all candidates or their authorized committee to
electronically file with the NYSBOE. It also removes language
requiring local and County filers to file with County Boards of
Elections.

 JUSTIFICATION :

Prior to 2006, only candidates running for Statewide, State Senate,
State Assembly and other State offices filed campaign financial
disclosure reports with the New York State Board of Elections. In

2006, a law was passed to require local filers to file with the State
Board of Elections if they raised or spent (or expected to) $1,000.
The majority of local campaigns meet the $1,000 threshold. County
Board of Elections have a minimal number of filers that still file
paper at the local level. This bill would take managing campaign
finance compliance off the workload of County and City Boards of
Elections.

This bill would also reduce confusion when it appears that a candidate
or its authorized committee may not have filed required disclosure
reports. By having one centralized depository in which all reports
must be filed, it provides a convenience and increased transparency to
the public when they look for campaign financial disclosure reports.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

There is a cost savings to County Boards of Elections. The State Board
of Elections would have an offset cost. Local candidates who currently
file a paper CF-o5 claim of exemption form with the NYSBOE would now
be registering and filing with the NYSBOE. NYSBOE's intake and
processing unit already has interaction with these filers.

 EFFECTIVE DATE :
December 15, 2017.

2017-S5455 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5455
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 29, 2017
                                ___________
 
 Introduced  by Sen. HAMILTON -- 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  requiring  campaign
   finance information of certain candidates or committees to be filed on
   an electronic reporting system

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 4 and 5 of section 14-102 of the election law,
 subdivision 4 as amended and subdivision 5 as added by  chapter  406  of
 the laws of 2005, are amended to read as follows:
   4.  Any  committee which is required to file statements with any board
 of elections pursuant to this article [and which  raises  or  spends  or
 expects to raise or spend more than one thousand dollars in any calendar
 year]  shall file all such statements pursuant to the electronic report-
 ing system prescribed by the state board of elections as  set  forth  in
 subdivision nine-A of section 3-102 of this chapter. Notwithstanding the
 provisions  of this subdivision, upon the filing of a sworn statement by
 the treasurer of a political committee which states that such  political
 committee  does  not  have  access to the technology necessary to comply
 with the electronic filing requirements of subdivision nine-A of section
 3-102 of this chapter and that filing by such means would  constitute  a
 substantial  hardship  for  such political committee, the state board of
 elections may issue an exemption from the electronic filing requirements
 of this article.
   [5. Any committee which is required to  file  statements  pursuant  to
 this  article with county boards of elections shall file in paper format
 to the county board of elections or in electronic format if the legisla-
 tive body of any county provides, by local  law,  an  electronic  filing
 system and shall file such statements by electronic reporting process to
 the state board of elections.]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10346-01-7

 S. 5455                             2
 
   §  2.  Subdivisions  2  and  3  of section 14-104 of the election law,
 subdivision 2 as amended and subdivision 3 as added by  chapter  406  of
 the laws of 2005, are amended to read as follows:
   2.  Statements filed by any political committee authorized by a candi-
 date pursuant to this article which is required to file such  statements
 with  any  board  of elections [and which raises or spends or expects to
 raise or spend more than one thousand  dollars  in  any  calendar  year]
 shall  file  all  such  statements  pursuant to the electronic reporting
 system prescribed by the state board of elections as set forth in subdi-
 vision nine-A of section 3-102  of  this  chapter.  Notwithstanding  the
 provisions  of this subdivision, upon the filing of a sworn statement by
 the treasurer of a political committee authorized by a candidate  pursu-
 ant  to  this  article  which  states  that such committee does not have
 access to the technology necessary to comply with the electronic  filing
 requirements  of subdivision nine-A of section 3-102 of this chapter and
 that filing by such means would constitute a  substantial  hardship  for
 such committee, the state board of elections may issue an exemption from
 the electronic filing requirements of this article.
   [3.  Any  committee  which  is required to file statements pursuant to
 this article with county boards of elections shall file in paper  format
 to the county board of elections or in electronic format if the legisla-
 tive  body  of  any  county provides, by local law, an electronic filing
 system and shall file such statements by electronic reporting process to
 the state board of elections.]
   § 3. This act shall take effect December 15, 2017.

2017-S5455A (ACTIVE) - Details

See Assembly Version of this Bill:: A6732
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§14-102 & 14-104, El L
Versions Introduced in 2019-2020 Legislative Session:: S3903, A1641

2017-S5455A (ACTIVE) - Summary

Requires campaign finance information of certain candidates or committees to be filed on an electronic reporting system.

2017-S5455A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5455A

SPONSOR: HAMILTON
 
TITLE OF BILL:

An act to amend the election law, in relation to requiring campaign
finance information of certain candidates or committees to be filed on
an electronic reporting system

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to require all candidates and committees,
pursuant to Article 14 of the Election Law, to file campaign financial
disclosure statements with the New York State Board of Elections
(NYSBOE) by removing the $1,000 filing threshold.

 
SUMMARY OF PROVISIONS:

Section one eliminates the one thousand dollar ($1,000) filing threshold
to require all candidates or their authorized committee to electron-
ically file with the NYSBOE. It also removes language requiring local

and County filers to file with County Boards of Elections.

 
JUSTIFICATION:

Prior to 2006, only candidates running for Statewide, State Senate,
State Assembly and other State offices filed campaign financial disclo-
sure reports with the New York State Board of Elections. In 2006, a law
was passed to require local filers to file with the State Board of
Elections if they raised or spent (or expected to) $1,000.  The majority
of local campaigns meet the $1,000 threshold. County Board of Elections
have a minimal number of filers that still file paper at the local
level. This bill would take managing campaign finance compliance off the
workload of County and City Boards of Elections.

This bill would also reduce confusion when it appears that a candidate
or its authorized committee may not have filed required disclosure
reports. By having one centralized depository in which all reports must
be filed, it provides a convenience and increased transparency to the
public when they look for campaign financial disclosure reports.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

There is a cost savings to County Boards of Elections. The State Board
of Elections would have an offset cost. Local candidates who currently
file a paper CF-o5 claim of exemption form with the NYSBOE would now be
registering and filing with the NYSBOE. NYSBOE's intake and processing
unit already has interaction with these filers.

 
EFFECTIVE DATE:
December 15, 2017.

2017-S5455A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5455--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 29, 2017
                                ___________
 
 Introduced  by Sen. HAMILTON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections  --  recommitted
   to the Committee on Elections in accordance with Senate Rule 6, sec. 8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee

 AN ACT to amend the election law,  in  relation  to  requiring  campaign
   finance information of certain candidates or committees to be filed on
   an electronic reporting system
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 4 and 5 of section 14-102 of the election law,
 subdivision 4 as amended and subdivision 5 as added by  chapter  406  of
 the laws of 2005, are amended to read as follows:
   4.  Any  committee which is required to file statements with any board
 of elections pursuant to this article [and which  raises  or  spends  or
 expects to raise or spend more than one thousand dollars in any calendar
 year]  shall file all such statements pursuant to the electronic report-
 ing system prescribed by the state board of elections as  set  forth  in
 subdivision nine-A of section 3-102 of this chapter. Notwithstanding the
 provisions  of this subdivision, upon the filing of a sworn statement by
 the treasurer of a political committee which states that such  political
 committee  does  not  have  access to the technology necessary to comply
 with the electronic filing requirements of subdivision nine-A of section
 3-102 of this chapter and that filing by such means would  constitute  a
 substantial  hardship  for  such political committee, the state board of
 elections may issue an exemption from the electronic filing requirements
 of this article.
   [5. Any committee which is required to  file  statements  pursuant  to
 this  article with county boards of elections shall file in paper format
 to the county board of elections or in electronic format if the legisla-
 tive body of any county provides, by local  law,  an  electronic  filing

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

                                                            LBD10346-03-8

 S. 5455--A                          2

 system and shall file such statements by electronic reporting process to
 the state board of elections.]
   §  2.  Subdivisions  2  and  3  of section 14-104 of the election law,
 subdivision 2 as amended and subdivision 3 as added by  chapter  406  of
 the laws of 2005, are amended to read as follows:
   2.  Statements filed by any political committee authorized by a candi-
 date pursuant to this article which is required to file such  statements
 with  any  board  of elections [and which raises or spends or expects to
 raise or spend more than one thousand  dollars  in  any  calendar  year]
 shall  file  all  such  statements  pursuant to the electronic reporting
 system prescribed by the state board of elections as set forth in subdi-
 vision nine-A of section 3-102  of  this  chapter.  Notwithstanding  the
 provisions  of this subdivision, upon the filing of a sworn statement by
 the treasurer of a political committee authorized by a candidate  pursu-
 ant  to  this  article  which  states  that such committee does not have
 access to the technology necessary to comply with the electronic  filing
 requirements  of subdivision nine-A of section 3-102 of this chapter and
 that filing by such means would constitute a  substantial  hardship  for
 such committee, the state board of elections may issue an exemption from
 the electronic filing requirements of this article.
   [3.  Any  committee  which  is required to file statements pursuant to
 this article with county boards of elections shall file in paper  format
 to the county board of elections or in electronic format if the legisla-
 tive  body  of  any  county provides, by local law, an electronic filing
 system and shall file such statements by electronic reporting process to
 the state board of elections.]
   § 3. This act shall take effect December 15, 2018.

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