NY State Senate Bill 2019-S32A

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to elections
Mar 28, 2019	print number 32a
Mar 28, 2019	amend and recommit to elections
Jan 09, 2019	referred to elections

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2019-S32 - Details

See Assembly Version of this Bill:: A4493
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §6-170, El L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8217
2017-2018: S26

2019-S32 - Summary

Requires the disclosure of tax returns by candidates for president and vice president.

2019-S32 - Sponsor Memo

                                
 
BILL NUMBER: S32

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the election law, in relation to
requiring the disclosure of tax returns by candidates for president and
vice president

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the election law by adding a new section
6-170. This new section would require candidates for United States pres-
ident and vice president to file copies of their last five federal
income tax returns with the New York State Board of Elections (BOE) no
later than 50 days prior to the general election in which they wish to
run.

The BOE would have seven days after receipt of such income tax returns
to redact them as deemed appropriate and make them publicly available on
the BOE website.

Candidates who fail to comply with these requirements shall not appear
on official ballot for the general election.

Section 2 of the bill amends section 12-106 of the election law to state
that no elector representing New York State in the Electoral College
shall vote for any person subject to the requirements of section 6-170
who fails to comply with such requirements.

Section 3 of the bill is the effective date.

 
JUSTIFICATION:

Until the 2016 presidential election, every president since Jimmy Carter
has disclosed at least one year worth of tax returns before taking
office. The practice of releasing tax returns has become a political
norm over the past four decades for an important reason:  American pres-
idential candidates should be held to a higher standard of transparency.

Tax returns give the American people important insight into a candi-
date's financial standing and shines a light on potential conflicts-of-
interest. How much does the candidate earn, and from whom? Are they
paying a higher or lower overall tax rate than the average American? To
whom do they owe money? Have they utilized loopholes in tax laws to
avoid or evade paying taxes?

These are especially important questions for voters to learn before an
election, because unlike members of Congress and federal appointees,
presidents are largely exempt from conflicts-of-interest laws.

 
LEGISLATIVE HISTORY:

S.26 of 2017-2018 (Hoylman): Died in Election Law
A.4072 of 2017-2018 (Fahy): Died in Election Law

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S32 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    32
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. HOYLMAN, ADDABBO, BAILEY, BENJAMIN, BRESLIN, BROOKS,
   CARLUCCI,  COMRIE,  GIANARIS,  KAMINSKY, KENNEDY, KRUEGER, MONTGOMERY,
   PARKER, PERSAUD, RIVERA, SANDERS, SERRANO, STAVISKY -- 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  the  disclo-
   sure of tax returns by candidates for president and vice president
 
   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  6-170
 to read as follows:
   §  6-170.  DISCLOSURE  OF  TAX RETURNS BY CANDIDATES FOR PRESIDENT AND
 VICE PRESIDENT. 1. NOT LATER THAN FIFTY DAYS BEFORE A GENERAL  ELECTION,
 A  CANDIDATE FOR THE OFFICE OF PRESIDENT OR VICE PRESIDENT, OTHER THAN A
 WRITE-IN CANDIDATE WHO FILES A CERTIFICATE OF CANDIDACY WITH  THE  STATE
 BOARD OF ELECTIONS PURSUANT TO SECTION 6-153 OF THIS ARTICLE, SHALL:
   (A)  FILE  WITH  THE  STATE  BOARD  OF ELECTIONS A COPY OF THE FEDERAL
 INCOME TAX RETURN, AS THAT TERM IS DEFINED IN SECTION 6103(B)(1) OF  THE
 INTERNAL  REVENUE  CODE OF 1986, OF SUCH CANDIDATE FOR AT LEAST THE FIVE
 MOST RECENT TAXABLE YEARS FOR WHICH SUCH A RETURN HAS  BEEN  FILED  WITH
 THE INTERNAL REVENUE SERVICE; AND
   (B) PROVIDE WRITTEN CONSENT TO THE COMMISSIONERS OF THE STATE BOARD OF
 ELECTIONS,  IN  SUCH  FORM  AS SHALL BE PRESCRIBED BY THE STATE BOARD OF
 ELECTIONS, FOR THE PUBLIC DISCLOSURE OF SUCH RETURNS PURSUANT TO  SUBDI-
 VISION TWO OF THIS SECTION.
   2.  INCOME  TAX  RETURNS  FILED WITH THE STATE BOARD OF ELECTIONS BY A
 CANDIDATE FOR THE OFFICE OF PRESIDENT  OR  VICE  PRESIDENT  PURSUANT  TO
 SUBDIVISION  ONE OF THIS SECTION SHALL BE MADE PUBLICLY AVAILABLE ON THE
 WEBSITE OF THE STATE BOARD OF ELECTIONS NO LATER THAN SEVEN  DAYS  AFTER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01002-02-9

 S. 32                               2
 
 SUCH  INCOME  TAX  RETURNS HAVE BEEN FILED, SUBJECT TO SUCH REDACTION AS
 MAY BE WARRANTED PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   3. PRIOR TO MAKING ANY INCOME TAX RETURN FILED PURSUANT TO SUBDIVISION
 ONE  OF  THIS  SECTION PUBLIC, THE STATE BOARD OF ELECTIONS SHALL REDACT
 SUCH INFORMATION AS THE BOARD, IN CONSULTATION WITH THE COMMISSIONER  OF
 TAXATION AND FINANCE OR HIS OR HER DELEGATE, DEEMS APPROPRIATE.
   4.  NOTWITHSTANDING  ANY  OTHER  SECTION  OF LAW TO THE CONTRARY, IF A
 CANDIDATE FOR THE OFFICE OF PRESIDENT OR VICE PRESIDENT HAS  NOT  TIMELY
 FILED WITH THE STATE BOARD OF ELECTIONS THE INCOME TAX RETURNS AND WRIT-
 TEN  CONSENT  REQUIRED  BY  SUBDIVISION ONE OF THIS SECTION, THE NAME OF
 SUCH CANDIDATE SHALL NOT BE PRINTED UPON THE  OFFICIAL  BALLOT  FOR  THE
 GENERAL ELECTION.
   § 2. Section 12-106 of the election law is amended to read as follows:
   §  12-106.  Electoral college; vote of the electors. Immediately after
 the organization of the electoral college, the electors shall  then  and
 there  vote  by  ballot for president and vice president, but no elector
 shall vote for more than one person who is a resident of this  state  OR
 FOR  ANY  PERSON  SUBJECT  TO  THE REQUIREMENTS OF SECTION 6-170 OF THIS
 CHAPTER WHO FAILED TO COMPLY WITH SUCH REQUIREMENTS. They shall name  in
 separate  ballots the persons voted for as president and vice president.
 They shall make and sign six certificates of  all  the  votes  given  by
 them,  each  of which certificates shall contain two distinct lists, one
 with the votes for president and one with the votes for vice  president.
 There  shall  be annexed to each of the certificates one of the lists of
 electors which shall have been furnished to them by the state  board  of
 elections.  They shall seal up the certificates so made and certify upon
 each that the lists of all the votes of this state given  for  president
 and vice president are contained therein.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2019-S32A (ACTIVE) - Details

See Assembly Version of this Bill:: A4493
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §6-170, El L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8217
2017-2018: S26

2019-S32A (ACTIVE) - Summary

Requires the disclosure of tax returns by candidates for president and vice president.

2019-S32A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S32A

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the election law, in relation to
requiring the disclosure of tax returns by candidates for president and
vice president

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the election law by adding a new section
6-170. This new section would require candidates for United States pres-
ident and vice president to file copies of their last five federal
income tax returns with the New York State Board of Elections (BOE) no
later than 50 days prior to the primary or general election in which
they wish to run.  The BOE would have seven days after receipt of such
income tax returns to redact them as deemed appropriate and make them
publicly available on the BOE website.

Candidates who fail to comply with these requirements shall not appear
on the official ballot for either a primary or general election.

Section 2 of the bill establishes a severability clause.

Section 3 of the bill establishes the effective date.

 
JUSTIFICATION:

Until the 2016 presidential election, every president since Jimmy Carter
has disclosed at least one year worth of tax returns before taking
office. The practice of releasing tax returns has become a political
norm over the past four decades for an important reason:  American pres-
idential candidates should be held to a higher standard of transparency.

Tax returns give the American people important insight into a candi-
date's financial standing and shines a light on potential conflicts-of-
interest. How much does the candidate earn, and from whom? Are they
paying a higher or lower overall tax rate than the average American? To
whom do they owe money? Have they utilized loopholes in tax laws to
avoid or evade paying taxes?

These are especially important questions for voters to learn before an
election, because unlike members of Congress and federal appointees,
presidents are largely exempt from conflicts-of-interest laws.

 
LEGISLATIVE HISTORY:

S.26 of 2017-2018 (Hoylman): Died in Election Law
A.4072 of 2017-2018 (Fahy): Died in Election Law

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S32A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   32--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. HOYLMAN, ADDABBO, BAILEY, BENJAMIN, BIAGGI, BRESLIN,
   BROOKS,  CARLUCCI,  COMRIE,  GAUGHRAN,  GIANARIS, GOUNARDES, HARCKHAM,
   JACKSON,  KAMINSKY,  KENNEDY,  KRUEGER,  MAYER,  METZGER,  MONTGOMERY,
   MYRIE,  PARKER,  PERSAUD,  RAMOS,  RIVERA,  SALAZAR,  SANDERS, SAVINO,
   SERRANO, STAVISKY, THOMAS -- 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  the  disclo-
   sure of tax returns by candidates for president and vice president
 
   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  6-170
 to read as follows:
   §  6-170.  DISCLOSURE  OF  TAX RETURNS BY CANDIDATES FOR PRESIDENT AND
 VICE PRESIDENT. 1.  NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE
 CONTRARY,  THE  NAME  OF A CANDIDATE FOR THE OFFICE OF PRESIDENT OR VICE
 PRESIDENT OF THE UNITED STATES SHALL NOT BE PRINTED  UPON  THE  OFFICIAL
 BALLOT  FOR  EITHER  A PRIMARY OR GENERAL ELECTION IF SUCH CANDIDATE HAS
 NOT COMPLIED WITH THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION.
   2. A CANDIDATE FOR THE OFFICE OF PRESIDENT OR VICE  PRESIDENT  OF  THE
 UNITED  STATES SHALL, WITHIN A REASONABLE TIMEFRAME TO BE ESTABLISHED BY
 REGULATION OF THE STATE BOARD OF ELECTIONS:
   (A) FILE WITH THE STATE BOARD OF ELECTIONS A COPY OF SUCH  CANDIDATE'S
 FEDERAL INCOME TAX RETURN, AS THAT TERM IS DEFINED IN SECTION 6103(B)(1)
 OF  THE INTERNAL REVENUE CODE OF 1986, FOR AT LEAST THE FIVE MOST RECENT
 TAXABLE YEARS FOR WHICH SUCH A RETURN HAS BEEN FILED WITH  THE  INTERNAL
 REVENUE SERVICE; AND
   (B) PROVIDE WRITTEN CONSENT TO THE COMMISSIONERS OF THE STATE BOARD OF
 ELECTIONS,  IN  SUCH  FORM  AS SHALL BE PRESCRIBED BY THE BOARD, FOR THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01002-03-9

 S. 32--A                            2
 
 PUBLIC DISCLOSURE OF SUCH RETURNS PURSUANT TO SUBDIVISION THREE OF  THIS
 SECTION.
   3.  FEDERAL INCOME TAX RETURNS FILED WITH THE STATE BOARD OF ELECTIONS
 BY A CANDIDATE FOR THE OFFICE OF PRESIDENT  OR  VICE  PRESIDENT  OF  THE
 UNITED  STATES PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL BE MADE
 PUBLICLY AVAILABLE ON THE WEBSITE OF THE BOARD NO LATER THAN SEVEN  DAYS
 AFTER  SUCH  FEDERAL INCOME TAX RETURNS HAVE BEEN RECEIVED BY THE BOARD,
 SUBJECT TO SUCH REDACTION AS MAY BE WARRANTED  PURSUANT  TO  SUBDIVISION
 FOUR OF THIS SECTION.
   4.  PRIOR  TO  MAKING  ANY FEDERAL INCOME TAX RETURN FILED PURSUANT TO
 SUBDIVISION TWO OF THIS SECTION PUBLICLY AVAILABLE, THE STATE  BOARD  OF
 ELECTIONS  SHALL REDACT THE SOCIAL SECURITY NUMBER, ADDRESS OR TELEPHONE
 NUMBER OF ANY INDIVIDUAL IN SUCH FEDERAL INCOME TAX  RETURN,  AND  SHALL
 MAKE ANY OTHER REDACTIONS AS THE BOARD, IN CONSULTATION WITH THE COMMIS-
 SIONER  OF  TAXATION AND FINANCE OR HIS OR HER DELEGATE, DEEMS APPROPRI-
 ATE.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S32A

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

Bill Amendments

co-Sponsors

2019-S32 - Details

2019-S32 - Summary

2019-S32 - Sponsor Memo

2019-S32 - Bill Text download pdf

co-Sponsors

2019-S32A (ACTIVE) - Details

2019-S32A (ACTIVE) - Summary

2019-S32A (ACTIVE) - Sponsor Memo

2019-S32A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S32A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Elections Committee

Bill Amendments

co-Sponsors

2019-S32 - Details

2019-S32 - Summary

2019-S32 - Sponsor Memo

2019-S32 - Bill Text download pdf

co-Sponsors

2019-S32A (ACTIVE) - Details

2019-S32A (ACTIVE) - Summary

2019-S32A (ACTIVE) - Sponsor Memo

2019-S32A (ACTIVE) - Bill Text download pdf

Comments