S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6402--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 17, 2021
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on  Local  Governments  -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the town law, in relation  to  requiring  statements  of
   campaign  expenditure  and contributions to be filed by candidates for
   district commissioner of a special district
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  town  law is amended by adding a new article 12-D to
 read as follows:
                               ARTICLE 12-D
           STATEMENTS OF CAMPAIGN EXPENDITURES AND CONTRIBUTIONS
 SECTION 209-T. EXPENDITURE AND CONTRIBUTION STATEMENT.
         209-U. TIMES FOR FILING STATEMENTS.
         209-V. PROCEEDINGS TO COMPEL FILING OF CAMPAIGN EXPENDITURES AND
                  CONTRIBUTIONS STATEMENTS  OR  CORRECTED  STATEMENTS  OF
                  CAMPAIGN EXPENDITURES AND CONTRIBUTIONS.
         209-W. PROCEDURES.
   §  209-T. EXPENDITURE AND CONTRIBUTION STATEMENT. 1. (A) ANY CANDIDATE
 FOR ELECTION FOR DISTRICT COMMISSIONER OF A SPECIAL DISTRICT, AS DEFINED
 IN SUBDIVISION SIXTEEN OF SECTION ONE HUNDRED TWO OF THE  REAL  PROPERTY
 TAX  LAW,  SHALL  FILE  A  SWORN  STATEMENT OF CAMPAIGN EXPENDITURES AND
 CONTRIBUTIONS WITH THE STATE BOARD OF ELECTIONS SETTING FORTH ALL MONEYS
 AND OTHER VALUABLES PAID, GIVEN, EXPENDED OR PROMISED BY SUCH  CANDIDATE
 OR  INCURRED FOR OR ON BEHALF OF SUCH CANDIDATE WITH HIS OR HER APPROVAL
 BY ANY PERSON, FIRM, ASSOCIATION, OR CORPORATION TO AID  THE  NOMINATION
 OR  ELECTION  OF SUCH CANDIDATE OR TO AID OR INFLUENCE THE NOMINATION OR
 DEFEAT OF ANY CANDIDATE TO BE VOTED FOR AT THE ELECTION.    A  CANDIDATE
 FOR  ELECTION  FOR DISTRICT COMMISSIONER OF A SPECIAL DISTRICT SHALL NOT
 BE REQUIRED TO FILE SUCH STATEMENT WITH THE BOARD OF  ELECTIONS  IF  THE
 CANDIDATE  DID NOT HAVE ANY EXPENDITURES OR WHOSE ONLY EXPENDITURES WERE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01208-04-1

 A. 6402--A                          2
 
 FOR PERSONAL USE WHICH WHEN TAKEN TOGETHER WITH THE  TOTAL  EXPENDITURES
 INCURRED  BY OTHERS ON HIS OR HER BEHALF AND WITH HIS OR HER APPROVAL DO
 NOT EXCEED FIVE HUNDRED DOLLARS AND WHERE THE AGGREGATE  AMOUNT  OF  ALL
 CONTRIBUTIONS  MADE  TO  SUCH  CANDIDATE  DOES  NOT  EXCEED FIVE HUNDRED
 DOLLARS; PROVIDED, HOWEVER, THAT  SUCH  CANDIDATE  SHALL  FILE  A  SWORN
 STATEMENT  WITH  THE BOARD OF ELECTIONS STATING THAT HIS OR HER ELECTION
 EXPENDITURES DID NOT  EXCEED  FIVE  HUNDRED  DOLLARS  AND  CONTRIBUTIONS
 RECEIVED BY SUCH CANDIDATE DID NOT EXCEED FIVE HUNDRED DOLLARS.
   (B) ANY CAMPAIGN EXPENDITURES AND CONTRIBUTIONS STATEMENTS REQUIRED TO
 BE  FILED  PURSUANT  TO PARAGRAPH (A) OF THIS SUBDIVISION SHALL INCLUDE:
 THE DOLLAR AMOUNT OF ANY RECEIPT, CONTRIBUTION OR TRANSFER OR  THE  FAIR
 MARKET  VALUE OF ANY NON-MONETARY RECEIPT, CONTRIBUTION OR TRANSFER; THE
 NAME AND ADDRESS OF THE TRANSFEROR, CONTRIBUTOR OR PERSON FROM WHOM SUCH
 CONTRIBUTION WAS RECEIVED  AND  WHERE  THE  TRANSFEROR,  CONTRIBUTOR  OR
 PERSON  IS  A  POLITICAL  COMMITTEE,  AS  DEFINED  IN SUBDIVISION ONE OF
 SECTION 14-100 OF THE ELECTION LAW, THE NAME OF THE  COMMITTEE  AND  THE
 POLITICAL UNIT REPRESENTED BY THE COMMITTEE; THE DATE OF RECEIPT OF SUCH
 CONTRIBUTION;  THE  DOLLAR  AMOUNT  OF  EVERY  EXPENDITURE; THE NAME AND
 ADDRESS OF THE PERSON TO WHOM SUCH CONTRIBUTION WAS MADE OR THE NAME  OF
 AND  THE  POLITICAL  UNIT  REPRESENTED  BY  THE  COMMITTEE TO WHICH SUCH
 CONTRIBUTION WAS MADE AND THE DATE THEREOF.
   (C) NO PERSON SHALL MAKE EXPENDITURES ON BEHALF OF A CANDIDATE WITHOUT
 THE APPROVAL OF THE CANDIDATE UNLESS SUCH  PERSON  OR  PERSONS  FILES  A
 SWORN  STATEMENT  WITH  THE  STATE  BOARD  OF ELECTIONS STATING THAT THE
 CANDIDATE DID NOT APPROVE SUCH EXPENDITURE.  SUCH EXPENDITURE  SHALL  BE
 LIMITED  TO TWENTY-FIVE DOLLARS AND SHALL NOT BE INCLUDED IN DETERMINING
 THE FIVE HUNDRED DOLLARS EXEMPTION AUTHORIZED PURSUANT TO PARAGRAPH  (A)
 OF THIS SUBDIVISION.
   2.  FOR  THE  PURPOSES  OF THIS SECTION, EXPENDITURES FOR PERSONAL USE
 SHALL HAVE THE SAME MEANING AS IN SECTION 14-130 OF THE ELECTION LAW.
   § 209-U. TIMES FOR FILING STATEMENTS.  1.  CAMPAIGN  EXPENDITURES  AND
 CONTRIBUTIONS  STATEMENTS  REQUIRED  TO BE FILED PURSUANT TO SECTION TWO
 HUNDRED NINE-T OF THIS ARTICLE SHALL BE FILED  IN  ACCORDANCE  WITH  THE
 FOLLOWING SCHEDULE:
   (A)  THE FIRST STATEMENT SHALL BE FILED ON OR BEFORE THE THIRTIETH DAY
 NEXT PRECEDING THE ELECTION TO WHICH SUCH STATEMENT RELATES;
   (B) A SECOND STATEMENT SHALL BE FILED ON OR BEFORE THE FIFTH DAY  NEXT
 PRECEDING THE ELECTION TO WHICH SUCH STATEMENT RELATES; AND
   (C)  A THIRD STATEMENT SHALL BE FILED WITHIN TWENTY DAYS NEXT SUCCEED-
 ING THE ELECTION TO WHICH SUCH STATEMENT RELATES.
   3. EACH STATEMENT SHALL BE PRESERVED BY THE BOARD  WITH  WHICH  IT  IS
 REQUIRED  TO BE FILED FOR A PERIOD OF FIVE YEARS FROM THE DATE OF FILING
 THEREOF.
   4. EACH STATEMENT FILED PURSUANT TO PARAGRAPH (A) OF  SUBDIVISION  ONE
 OF SECTION TWO HUNDRED NINE-T OF THIS ARTICLE SHALL CONSTITUTE A PART OF
 THE PUBLIC RECORDS OF SUCH BOARD AND SHALL BE OPEN TO PUBLIC INSPECTION.
   5.  UNLESS OTHERWISE PROVIDED, EACH CAMPAIGN EXPENDITURES AND CONTRIB-
 UTIONS STATEMENT SHALL COVER THE PERIOD UP TO AND INCLUDING THE DAY NEXT
 PRECEDING THE DAY SPECIFIED FOR THE FILING THEREOF PURSUANT TO  SUBDIVI-
 SION  TWO  OF  THIS SECTION; PROVIDED, HOWEVER, THAT ANY CONTRIBUTION OR
 LOAN IN EXCESS OF ONE THOUSAND DOLLARS, IF RECEIVED AFTER THE  CLOSE  OF
 THE PERIOD TO BE COVERED IN THE LAST STATEMENT FILED BEFORE THE ELECTION
 BUT BEFORE SUCH ELECTION, SHALL BE REPORTED, IN THE SAME MANNER AS OTHER
 CONTRIBUTIONS,  WITHIN  TWENTY-FOUR HOURS AFTER RECEIPT OF SUCH CONTRIB-
 UTION.

 A. 6402--A                          3

   6. EACH  STATEMENT  SHALL  INCLUDE  A  SUMMARY  OF  ALL  EXPENDITURES,
 CONTRIBUTIONS AND OTHER INFORMATION REPORTED IN EACH PREVIOUS STATEMENT,
 PROVIDED,  HOWEVER, THAT DATA REPORTED IN A PREVIOUS STATEMENT SHALL NOT
 BE REQUIRED TO BE ITEMIZED IN SUBSEQUENT STATEMENTS.
   7.  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 OR BOARD WITH WHICH SUCH  STATEMENT  IS
 REQUIRED  TO  BE  FILED. IN THE EVENT A STATEMENT IS NOT RECEIVED BY THE
 OFFICER OR BOARD, SUCH OFFICER OR BOARD  SHALL  PROVIDE  NOTICE  TO  THE
 CANDIDATE  THAT  THE  STATEMENT  HAS NOT BEEN RECEIVED AND THE CANDIDATE
 SHALL PROMPTLY FILE A DUPLICATE STATEMENT WITH THE OFFICER OR BOARD.
   § 209-V. PROCEEDINGS TO COMPEL FILING  OF  CAMPAIGN  EXPENDITURES  AND
 CONTRIBUTIONS  STATEMENTS  OR  CORRECTED STATEMENTS OF CAMPAIGN EXPENDI-
 TURES AND CONTRIBUTIONS. 1. THE SUPREME COURT OR A JUSTICE THEREOF, IN A
 PROCEEDING INSTITUTED BY ANY FIVE QUALIFIED VOTERS OR BY  THE  CANDIDATE
 VOTED  FOR  IN THE ELECTION FOR WHICH CAMPAIGN EXPENDITURES AND CONTRIB-
 UTIONS STATEMENTS WERE REQUIRED TO BE FILED, MAY  COMPEL  BY  ORDER  ANY
 CANDIDATE  REQUIRED  UNDER  THE  PROVISIONS  OF  THIS  ARTICLE TO FILE A
 CAMPAIGN EXPENDITURES AND CONTRIBUTIONS STATEMENT WHO HAS NOT FILED SUCH
 STATEMENT WITHIN THE TIME PRESCRIBED BY THIS ARTICLE TO FILE SUCH STATE-
 MENT WITHIN FIVE DAYS AFTER NOTICE OF SUCH ORDER.
   2. THE SUPREME COURT OR A JUSTICE THEREOF, IN A PROCEEDING  INSTITUTED
 BY  ANY  FIVE  QUALIFIED  VOTERS  OR  BY  THE CANDIDATE VOTED FOR IN THE
 ELECTION FOR WHICH CAMPAIGN EXPENDITURES  AND  CONTRIBUTIONS  STATEMENTS
 WERE  REQUIRED  TO  BE FILED, MAY COMPEL BY ORDER ANY CANDIDATE OR OTHER
 PERSON OR PERSONS REQUIRED UNDER THE PROVISIONS OF THIS ARTICLE TO  FILE
 A  CAMPAIGN  EXPENDITURES  AND  CONTRIBUTIONS  STATEMENT WHO HAS FILED A
 STATEMENT WHICH DOES NOT CONFORM TO THE REQUIREMENTS OF THIS ARTICLE  IN
 RESPECT TO THE TRUTH, SUFFICIENCY IN DETAIL OR OTHER DEFICIENCY TO FILE,
 WITHIN  FIVE  DAYS' NOTICE OF THE ORDER, A NEW OR SUPPLEMENTAL STATEMENT
 WHICH MAKES THE STATEMENT OR STATEMENTS TRUE AND COMPLETE.    THE  STATE
 BOARD OF ELECTIONS SHALL BE A NECESSARY PARTY IN ANY SUCH PROCEEDING.
   3.  IN  EVERY  PROCEEDING INSTITUTED UNDER THIS SECTION, THE COURT MAY
 CONFER IMMUNITY IN ACCORDANCE WITH THE PROVISIONS OF  SECTION  50.20  OF
 THE CRIMINAL PROCEDURE LAW; PROVIDED, HOWEVER, THAT NO IMMUNITY SHALL BE
 CONFERRED EXCEPT UPON TWENTY-FOUR HOURS PRIOR WRITTEN NOTICE TO BOTH THE
 ATTORNEY  GENERAL  AND THE APPROPRIATE DISTRICT ATTORNEY HAVING AN OFFI-
 CIAL INTEREST THEREIN.
   §  209-W.  PROCEDURES.  A  SPECIAL  PROCEEDING  UNDER  THE   FOREGOING
 PROVISIONS  OF  THIS ARTICLE SHALL BE HEARD UPON A VERIFIED PETITION AND
 SUCH ORAL OR WRITTEN PROOF AS MAY BE OFFERED, AND, UPON NOTICE  TO  SUCH
 OFFICERS,  PERSONS  OR  CANDIDATES  AS THE COURT, JUSTICE OR JUDGE SHALL
 DIRECT, SHALL BE SUMMARILY DETERMINED.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.