NY State Senate Bill 2019-S2333A

Senate Bill S2333A

2019-2020 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 04, 2020	print number 2333a
Feb 04, 2020	amend and recommit to elections
Jan 08, 2020	referred to elections returned to senate died in assembly
Mar 05, 2019	referred to election law delivered to assembly passed senate
Feb 28, 2019	advanced to third reading
Feb 27, 2019	2nd report cal.
Feb 26, 2019	1st report cal.161
Jan 24, 2019	referred to elections

Votes

- Mar 5, 2019 - Floor Vote
  S2333A
  
  53
  
  Aye
  
  7
  
  Nay
  
  1
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 5, 2019
      
      aye (53)
      
      Addabbo Jr.
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (7)
      
      Akshar
      
      Funke
      
      Gallivan
      
      Helming
      
      O'Mara
      
      Ranzenhofer
      
      Ritchie
      
      absent (1)
      
      Young
      
      excused (2)
      
      Kaminsky
      
      Little
  Feb 25, 2019 - Elections Committee Vote
  S2333A
  
  5
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Elections Committee Vote: Feb 25, 2019
      
      aye (5)
      
      Kavanagh
      
      May
      
      Mayer
      
      Myrie
      
      Salazar
      
      nay (1)
      
      Akshar
      
      aye wr (1)
      
      Young

Bill Amendments

Original

A (Active)

2019-S2333 - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§14-102 & 14-108, El L
Versions Introduced in 2017-2018 Legislative Session:: S7129

2019-S2333 - 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.

2019-S2333 - Sponsor Memo

                                
 
BILL NUMBER: S2333

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the election law, in relation to requiring additional
transferor and contributor identification information 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.

 
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.

 
PRIOR LEGISLATIVE HISTORY:

2018: S7129 - AMENDED AND RECOMMITTED TO ELECTIONS
2017: A2292 - stricken
2016: A2736C - referred to election law
2015: A27368 - election law

 
EFFECTIVE DATE:
This act shall take effect immediately; provided that the amendments to
section 26-511 of chapter 4 of title 26 of the administrative code of
the city of New York made by section one of this act shall expire on the
same date as such law expires and shall not affect the expiration of
such law as provided under section 26-520 of such law; and provided that
the amendments to section 6 of the emergency tenant protection act of
nineteen seventy-four made by section two of this act shall expire on
the same date as such act expires and shall not affect the expiration of
such act as provided in section 17 of chapter 576 of the laws of 1974.

2019-S2333 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2333
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02482-01-9

 S. 2333                             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, 2020, provided that
 section one of this act shall apply to any contribution received  on  or
 after  January  12,  2020;  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.

2019-S2333A (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §§14-102 & 14-108, El L
Versions Introduced in 2017-2018 Legislative Session:: S7129

2019-S2333A (ACTIVE) - Summary

2019-S2333A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2333A

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the election law, in relation to requiring additional
transferor and contributor identification information 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.

 
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.

 
PRIOR LEGISLATIVE HISTORY:

2018: S7129 AMENDED AND RECOMMITTED TO ELECTIONS
2017: A2292 stricken
2016: A2736C - referred to election law
2015: A2736B - election law

 
EFFECTIVE DATE:
This act shall take effect January 12, 2021, provided that section one
of this act shall apply to any contribution received on or after January
12 , 2021; 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.

2019-S2333A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2333--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02482-02-0

 S. 2333--A                          2
 
 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
 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,  2021,  provided  that
 section  one  of this act shall apply to any contribution received on or
 after January 12, 2021; 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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