Assembly Bill A1165

2023-2024 Legislative Session

Relates to recurring contributions solicited by a candidate, political campaign, political committee, party committee, or not-for-profit or for-profit entity

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Current Bill Status - In Assembly 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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2023-A1165 (ACTIVE) - Details

See Senate Version of this Bill:
S433
Current Committee:
Assembly Election Law
Law Section:
Election Law
Laws Affected:
Add §14-114-a, El L
Versions Introduced in 2021-2022 Legislative Session:
A8182, S9431

2023-A1165 (ACTIVE) - Summary

Provides that entities soliciting a recurring contribution to a political campaign, political committee, party committee, or not-for-profit or for-profit entity shall receive the affirmative consent of the contributor at the time of arrangement of the recurring contribution; provides for refund of recurring contributions; provides penalties for violations.

2023-A1165 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1165
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by M. of A. JACOBSON, GLICK, WALLACE, ZEBROWSKI, MAGNARELLI,
   SIMON -- read once and referred to the Committee on Election Law
 
 AN ACT to amend the election law, in relation to recurring contributions
   solicited by a candidate,  political  campaign,  political  committee,
   party committee, or not-for-profit or for-profit entity

   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
 14-114-a to read as follows:
   §  14-114-A.  RECURRING  CONTRIBUTIONS.  1.  ANY  CANDIDATE, POLITICAL
 CAMPAIGN, POLITICAL COMMITTEE, PARTY COMMITTEE,  NOT-FOR-PROFIT  ENTITY,
 OR  FOR-PROFIT ENTITY SOLICITING A RECURRING CONTRIBUTION TO A POLITICAL
 CAMPAIGN, POLITICAL COMMITTEE, OR  PARTY  COMMITTEE  SHALL  RECEIVE  THE
 AFFIRMATIVE  CONSENT OF THE CONTRIBUTOR TO MAKE A RECURRING CONTRIBUTION
 AT THE TIME OF THE INITIAL CONTRIBUTION.
   2. NO SOLICITATION OF A CONTRIBUTION,  WHETHER  ELECTRONICALLY  OR  BY
 PAPER, SHALL PROVIDE FOR RECURRING CONTRIBUTIONS AS THE DEFAULT CONTRIB-
 UTION.  PASSIVE  ACTION BY THE CONTRIBUTOR, SUCH AS FAILING TO UNCHECK A
 PRE-CHECKED BOX AUTHORIZING A RECURRING CONTRIBUTION, SHALL NOT MEET THE
 REQUIREMENTS OF AFFIRMATIVE CONSENT UNDER THIS SECTION.
   3. ALL SOLICITATIONS FOR CONTRIBUTIONS AS DESCRIBED IN SUBDIVISION ONE
 OF THIS SECTION SHALL STATE THAT SUCH CONTRIBUTION MAY BE  CANCELLED  BY
 THE CONTRIBUTOR AT ANY TIME.
   4.  ANY  CANDIDATE,  POLITICAL  CAMPAIGN,  POLITICAL  COMMITTEE, PARTY
 COMMITTEE, NOT-FOR-PROFIT  ENTITY,  OR  FOR-PROFIT  ENTITY  ACCEPTING  A
 RECURRING CONTRIBUTION SHALL:
   A. PROVIDE THE CONTRIBUTOR WITH A RECEIPT FOR THE INITIAL CONTRIBUTION
 AND EACH RECURRING CONTRIBUTION THAT CLEARLY AND CONSPICUOUSLY DISCLOSES
 ALL  MATERIAL  TERMS OF THE CONTRIBUTION WITHIN TWENTY-FOUR HOURS OF THE
 INITIAL CONTRIBUTION AND EACH RECURRING CONTRIBUTION;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02180-01-3
 A. 1165                             2

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