NY State Senate Bill 2017-S7129

Senate Bill S7129

2017-2018 Legislative Session

Requires the filing of additional transferor and contributor identification information in campaign receipt and expenditure statements

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 02, 2018	print number 7129a
Feb 02, 2018	amend and recommit to elections
Jan 03, 2018	referred to elections

Bill Amendments

Original

A (Active)

2017-S7129 - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§14-102 & 14-108, El L
Versions Introduced in 2019-2020 Legislative Session:: S2333

2017-S7129 - Summary

Requires the filing of additional transferor and contributor identification information in campaign receipt and expenditure statements, including the occupation, employer and employer's address in the case of a natural person.

2017-S7129 - Sponsor Memo

                                
 
BILL NUMBER: S7129

SPONSOR: KAVANAGH
 
TITLE OF BILL:  An act to amend the election law, in relation to
requiring additional transferor and contributor identification informa-
tion in campaign receipt and expenditure statements

 
PURPOSE:

This bill would improve campaign finance transparency by requiring poli-
tical committees to disclose the occupation, employer, and employer's
address of their contributors whose contributions equal or exceed $500
in the aggregate. This bill would also assure timely disclosure by
providing that any statements required to be filed during the final 15
days preceding an election be done in person or by express or electronic
mail.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would amend subdivision 1 of section 14-102 of the
election law, as amended by chapter 8 of the laws of 1978 and as redes-

ignated by chapter 9 of the laws of 1978, to require political commit-
tees to disclose the occupation, employer, and employer's address of
contributors who contribute $500 or more in the aggregate.

Section 2 of the bill amends subdivision 6 of section 14-108 of the
election law, as amended by chapter 323 of the laws of 1977 and as
redesignated by chapter 9 of the laws of 1978, to require that all
campaign finance disclosure filings that are required to be made during
the final 15 day period prior to an election be filed in person, by
express mail, or by electronic mail, to assure prompt delivery and
dissemination.

Section 3 of the bill establishes the effective date. The date corre-
sponds with the beginning of the period for disclosure reports set by
the Board of Elections.

 
JUSTIFICATION:

A fundamental component of campaign finance laws is that campaign
committees must disclose the identity of contributors. Requiring that
significant contributors disclose their occupations and employers is
necessary to ensure that contributors are adequately identified. The
additional identification information required by this bill is already
required by the disclosure systems that govern federal and New York City
elections, and those of most states.

In order to ensure the timely disclosure of campaign contributions and
expenditures, current state regulations require the final pre-election
campaign financial disclosure statement to be filed 11 days prior to
election day. However, candidates may file their statements using regu-
lar mail. Depending on where the candidates are filing from, the state-
ment may take one or more days to reach the State Board of Elections in
Albany. While the statement makes its way through the mail, important
contributor and campaign expenditure information is unavailable to the
public, opponents' campaigns, the media, and other interested parties.
Section two of the bill requires that filings in the closing days before
an election be made in person or by express or electronic mail. This

reform will ensure prompt public disclosure and access to this important
campaign funding information.

 
FISCAL IMPACT ON THE STATE:

None.

 
FISCAL IMPACT ON LOCALITIES:

None.

 
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:

Requires individual campaign donors, who contribute more than $500 in
aggregate to a campaign, to inform the campaign committee of their occu-
pation, employer, and employer's address; requires committees to report
this information to the Board of Elections in filings required under
existing law.

 
IMPACT ON FINES, IMPRISONMENT, FORFEITURE OF RIGHTS, OR OTHER PENAL
SANCTIONS:

None.

 
LEGISLATIVE HISTORY:

2016: A02736C (Kavanagh) - Election Law
2015: A027368 (Kavanagh) - Election Law
2014: A02009 (Kavanagh) Election Law
2013: A02009 (Kavanagh) Election Law
2012: A05857 (Kavanagh) Rules
2011: A05857 (Kavanagh) Election Law
2010: A04012A (Kavanagh) - Election Law
2009: A04012 (Kavanagh) - Election Law

 
EFFECTIVE DATE:
This act shall take effect January 14, 2019, provided that section three
of this act shall apply to any contribution received on or after January
14 2019; and; provided further, 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 effective immediately the state board of
elections is authorized and directed to promulgate any rules necessary
to implement the provisions of this act and shall notify all candidates
and political committees of the applicable provisions of this act on or
before such effective date.

2017-S7129 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7129
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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  additional
   transferor  and  contributor  identification  information  in campaign
   receipt and expenditure statements

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of section 14-102 of the election law, as
 amended by chapter 8 of the laws of 1978 and as redesignated by  chapter
 9 of the laws of 1978, is amended to read as follows:
   1.  The  treasurer of every political committee which, or any officer,
 member or agent of any  such  committee  who,  in  connection  with  any
 election,  receives  or  expends  any  money  or other valuable thing or
 incurs any liability to pay money or its equivalent  shall  file  state-
 ments  sworn,  or subscribed and bearing a form notice that false state-
 ments made therein are punishable as a class A misdemeanor  pursuant  to
 section 210.45 of the penal law, at the times prescribed by this article
 setting forth all the receipts, contributions to and the expenditures by
 and  liabilities  of  the  committee,  and  of its officers, members and
 agents in its behalf. Such statements shall include the dollar amount of
 any receipt, contribution or transfer, or the fair market value  of  any
 receipt,  contribution  or  transfer,  which is other than of money, the
 name and address of the transferor,  contributor  or  person  from  whom
 received,  and  if  the transferor, contributor or person is a political
 committee[;], the name of and the  political  unit  represented  by  the
 committee,  AND  IF  THE  TRANSFEROR, CONTRIBUTOR OR PERSON IS A NATURAL
 PERSON WHOSE CONTRIBUTIONS EQUAL OR EXCEED FIVE HUNDRED DOLLARS  IN  THE
 AGGREGATE,  HIS OR HER OCCUPATION, EMPLOYER, AND EMPLOYER'S ADDRESS, AND
 the date of its receipt[,]; the dollar amount of every expenditure,  the
 name  and  address  of the person to whom it was made or the name of and
 the political unit represented by the committee to which it was made and
 the date thereof, and shall state clearly the purpose of  such  expendi-
 ture.    Any statement reporting a loan shall have attached to it a copy

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01454-02-7

 S. 7129                             2
 
 of the evidence  of  indebtedness.  Expenditures  in  sums  under  fifty
 dollars need not be specifically accounted for by separate items in said
 statements,  and  receipts  and  contributions aggregating not more than
 ninety-nine  dollars,  from any one contributor need not be specifically
 accounted for by separate items in said  statements,  provided  however,
 that  such  expenditures, receipts and contributions shall be subject to
 the other provisions of section 14-118 of this article.
   § 2. Subdivision 6 of section 14-108 of the election law,  as  amended
 by  chapter  323 of the laws of 1977 and as redesignated by chapter 9 of
 the laws of 1978, is amended to read as follows:
   6.  A statement shall be deemed properly filed when  deposited  in  an
 established post-office within the prescribed time, duly stamped, certi-
 fied  and  directed  to the officer with whom or to the board with which
 the statement is required to be filed,  but  in  the  event  it  is  not
 received,  a  duplicate  of  such statement shall be promptly filed upon
 notice by such officer or such board of its non-receipt. ALL  STATEMENTS
 REQUIRED  TO  BE  FILED IN THE FIFTEEN DAYS BEFORE ANY ELECTION SHALL BE
 FILED IN PERSON OR SENT BY EXPRESS MAIL OR ELECTRONIC MAIL.
   § 3.   This act shall take effect  January  14,  2019,  provided  that
 section  one  of this act shall apply to any contribution received on or
 after January 14, 2019; and provided  further,  however,  that  contrib-
 utions  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 effective  immediately  the  state
 board  of  elections  is authorized and directed to promulgate any rules
 necessary to implement the provisions of this act and shall  notify  all
 candidates and political committees of the applicable provisions of this
 act on or before such effective date.

2017-S7129A (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§14-102 & 14-108, El L
Versions Introduced in 2019-2020 Legislative Session:: S2333

2017-S7129A (ACTIVE) - Summary

2017-S7129A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7129A

SPONSOR: KAVANAGH
 
TITLE OF BILL:  An act to amend the election law, in relation to
requiring additional transferor and contributor identification informa-
tion in campaign receipt and expenditure statements

 
PURPOSE:

This bill would improve campaign finance transparency by requiring poli-
tical committees to disclose the occupation, employer, and employer's
address of their contributors whose contributions equal or exceed $500
in the aggregate. This bill would also assure timely disclosure by
providing that any statements required to be filed during the final 15
days preceding an election be done in person or by express or electronic
mail.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill would amend subdivision 1 of section 14-102 of the
election law, as amended by chapter 8 of the laws of 1978 and as redes-

ignated by chapter 9 of the laws of 1978, to require political commit-
tees to disclose the occupation, employer, and employer's address of
contributors who contribute $500 or more in the aggregate.

Section 2 of the bill amends subdivision 6 of section 14-108 of the
election law, as amended by chapter 323 of the laws of 1977 and as
redesignated by chapter 9 of the laws of 1978, to require that all
campaign finance disclosure filings that are required to be made during
the final 15 day period prior to an election be filed in person, by
express mail, or by electronic mail, to assure prompt delivery and
dissemination.

Section 3 of the bill establishes the effective date. The date corre-
sponds with the beginning of the period for disclosure reports set by
the Board of Elections.

 
JUSTIFICATION:

A fundamental component of campaign finance laws is that campaign
committees must disclose the identity of contributors. Requiring that
significant contributors disclose their occupations and employers is
necessary to ensure that contributors are adequately identified. The
additional identification information required by this bill is already
required by the disclosure systems that govern federal and New York City
elections, and those of most states.

In order to ensure the timely disclosure of campaign contributions and
expenditures, current state regulations require the final pre-election
campaign financial disclosure statement to be filed 11 days prior to
election day. However, candidates may file their statements using regu-
lar mail.

Depending on where the candidates are filing from, the statement may
take one or more days to reach the State Board of Elections in Albany.
While the statement makes its way through the mail, important contribu-
tor and campaign expenditure information is unavailable to the public,
opponents' campaigns, the media, and other interested parties.

Section two of the bill requires that filings in the closing days before
an election be made in person or by express or electronic mail. This
reform will ensure prompt public disclosure and access to this important
campaign funding information.

 
FISCAL IMPACT ON THE STATE:

None.

 
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:

Requires individual campaign donors, who contribute more than $500 in
aggregate to a campaign, to inform the campaign committee of their occu-
pation, employer, and employer's address; requires committees to report
this information to the Board of Elections in filings required under
existing law.

 
IMPACT ON FINES, IMPRISONMENT, FORFEITURE OF RIGHTS, OR OTHER OTHER
PENAL SANCTIONS:

None.

 
LEGISLATIVE HISTORY:

2016: A02736C(Kavanagh)- Election Law
2015: A027368(Kavanagh)- Election Law
2014: A02009(Kavanagh)Election Law
2013: A02009(Kavanagh)Election Law
2012: A05857(Kavanagh)Rules
2011: A05857(Kavanagh)Election Law
2010: A04012A(Kavanagh)- Election Law
2009: A04012(Kavanagh)- Election Law

 
EFFECTIVE DATE:

This act shall take effect January 12, 2019, provided that section three
of this act shall apply to any contribution received on or after January
12 2019; and; provided further, 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 effective immediately the state board of
elections is authorized and directed to promulgate any rules necessary
to implement the provisions of this act and shall notify all candidates
and political committees of the applicable provisions of this act on or
before such effective date.

2017-S7129A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7129--A
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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 requiring additional
   transferor and  contributor  identification  information  in  campaign
   receipt and expenditure statements
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 14-102 of  the  election  law,  as
 amended  by chapter 8 of the laws of 1978 and as redesignated by chapter
 9 of the laws of 1978, is amended to read as follows:
   1. The treasurer of every political committee which, or  any  officer,
 member  or  agent  of  any  such  committee  who, in connection with any
 election, receives or expends any  money  or  other  valuable  thing  or
 incurs  any  liability  to pay money or its equivalent shall file state-
 ments sworn, or subscribed and bearing a form notice that  false  state-
 ments  made  therein are punishable as a class A misdemeanor pursuant to
 section 210.45 of the penal law, at the times prescribed by this article
 setting forth all the receipts, contributions to and the expenditures by
 and liabilities of the committee,  and  of  its  officers,  members  and
 agents in its behalf. Such statements shall include the dollar amount of
 any  receipt,  contribution or transfer, or the fair market value of any
 receipt, contribution or transfer, which is other  than  of  money,  the
 name  and  address  of  the  transferor, contributor or person from whom
 received, and if the transferor, contributor or person  is  a  political
 committee[;],  the  name  of  and  the political unit represented by the
 committee, AND IF THE TRANSFEROR, CONTRIBUTOR OR  PERSON  IS  A  NATURAL
 PERSON  WHOSE  CONTRIBUTIONS EQUAL OR EXCEED FIVE HUNDRED DOLLARS IN THE
 AGGREGATE, HIS OR HER OCCUPATION, EMPLOYER, AND EMPLOYER'S ADDRESS,  AND
 the  date of its receipt[,]; the dollar amount of every expenditure, the
 name and address of the person to whom it was made or the  name  of  and
 the political unit represented by the committee to which it was made and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01454-03-8

 S. 7129--A                          2
 
 the  date  thereof, and shall state clearly the purpose of such expendi-
 ture.  Any statement reporting a loan shall have attached to it  a  copy
 of  the  evidence  of  indebtedness.  Expenditures  in  sums under fifty
 dollars need not be specifically accounted for by separate items in said
 statements,  and  receipts  and  contributions aggregating not more than
 ninety-nine dollars, from any one contributor need not  be  specifically
 accounted  for  by  separate items in said statements, provided however,
 that such expenditures, receipts and contributions shall be  subject  to
 the other provisions of section 14-118 of this article.
   §  2.  Subdivision 6 of section 14-108 of the election law, as amended
 by chapter 323 of the laws of 1977 and as redesignated by chapter  9  of
 the laws of 1978, is amended to read as follows:
   6.    A  statement shall be deemed properly filed when deposited in an
 established post-office within the prescribed time, duly stamped, certi-
 fied and directed to the officer with whom or to the  board  with  which
 the  statement  is  required  to  be  filed,  but in the event it is not
 received, a duplicate of such statement shall  be  promptly  filed  upon
 notice  by such officer or such board of its non-receipt. ALL STATEMENTS
 REQUIRED TO BE FILED IN THE FIFTEEN DAYS BEFORE ANY  ELECTION  SHALL  BE
 FILED IN PERSON OR SENT BY EXPRESS MAIL OR ELECTRONIC MAIL.
   §  3.    This  act  shall  take effect January 12, 2019, provided that
 section one of this act shall apply to any contribution received  on  or
 after  January  12,  2019;  and provided further, however, that contrib-
 utions 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 effective immediately the state
 board of elections is authorized and directed to  promulgate  any  rules
 necessary  to  implement the provisions of this act and shall notify all
 candidates and political committees of the applicable provisions of this
 act on or before such effective date.

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