S T A T E O F N E W Y O R K
________________________________________________________________________
1102--A
2021-2022 Regular Sessions
I N S E N A T E
January 6, 2021
___________
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government --
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 sanitary 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 SANITARY DISTRICT, SHALL
FILE A SWORN STATEMENT OF CAMPAIGN EXPENDITURES AND CONTRIBUTIONS WITH
THE STATE BOARD OF ELECTIONS SETTING FORTH ALL MONEYS AND OTHER VALU-
ABLES 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 SANITARY 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.
LBD01208-03-1
S. 1102--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.
S. 1102--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.
