S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5843
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced  by M. of A. SHIMSKY -- read once and referred to the Commit-
   tee on Election Law
 
 AN ACT to amend the election law, in relation to requiring  a  candidate
   for office to file additional information about the candidate's educa-
   tional  background,  military  service,  and  employment  history  and
   providing penalties for violations

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short title.  This act shall be known and may be cited as
 the "Candidate Truth in Background Disclosures Act".
   § 2. The section heading and subdivision 1 of section  14-104  of  the
 election  law, the section heading as amended by chapter 430 of the laws
 of 1997, and subdivision 1 as amended by section 1 of part C of  chapter
 286 of the laws of 2016, are amended to read as follows:
   Statements of campaign receipts, contributions, transfers and expendi-
 tures  by  and  to  candidates  AND  OF EDUCATIONAL BACKGROUND, MILITARY
 SERVICE HISTORY AND EMPLOYMENT  HISTORY.  1.    (A)  Any  candidate  for
 election  to  public  office,  or  for nomination for public office at a
 contested primary election or convention, or for  election  to  a  party
 position  at  a  primary  election,  shall  file  statements  sworn,  or
 subscribed and bearing a form notice that false statements 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 the
 particulars specified by section 14-102  of  this  article,  as  to  all
 moneys  or  other  valuable things, paid, given, expended or promised by
 him or her to aid his or her own nomination or election, or  to  promote
 the  success  or defeat of a political party, or to aid or influence the
 nomination or election or the defeat of any other candidate to be  voted
 for  at  the  election or primary election or at a convention, including
 contributions to political committees, officers, members or agents ther-
 eof, and transfers, receipts and contributions to him or her to be  used
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08634-04-3
              

 A. 5843                             2
 
 for  any  of  the purposes above specified, or in lieu thereof, any such
 candidate may file such a sworn statement at the first filing period, on
 a form prescribed by the state board of elections  that  such  candidate
 has  made  no  such  expenditures  and  does not intend to make any such
 expenditures, except through a political committee  authorized  by  such
 candidate  pursuant  to  this  article.  Such  candidate may designate a
 committee of no less than three  persons  who  shall  be  authorized  to
 appoint  and  remove  the  treasurer  of any authorized committee of the
 candidate. The designation or  revocation  of  the  committee  shall  be
 evidenced  in  a  writing filed with the state board of elections by the
 candidate authorizing the  committee.  The  candidate  may  revoke  such
 designation  at any time. A committee authorized by such a candidate may
 fulfill all of the filing requirements of this act  on  behalf  of  such
 candidate.
   (B) ANY CANDIDATE FOR ELECTION TO PUBLIC OFFICE, OR FOR NOMINATION FOR
 PUBLIC  OFFICE  AT  A  CONTESTED  PRIMARY ELECTION OR CONVENTION, OR FOR
 ELECTION TO A PARTY POSITION AT A PRIMARY ELECTION,  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 THE PARTICULARS OF THE CANDIDATE'S EDUCATIONAL BACKGROUND,
 MILITARY SERVICE HISTORY AND EMPLOYMENT HISTORY. A STATEMENT  OR  STATE-
 MENTS FILED PURSUANT TO THIS PARAGRAPH MUST BE FILED BY THE CANDIDATE; A
 STATEMENT  FILED  BY A DESIGNEE, INCLUDING A COMMITTEE, SHALL BE HELD TO
 BE INVALID. AS USED IN THIS PARAGRAPH:
   (I) "EDUCATIONAL BACKGROUND" MEANS ALL SECONDARY  SCHOOLS  AND  INSTI-
 TUTIONS  OF  HIGHER  EDUCATION  ATTENDED  BY THE CANDIDATE, THE YEARS OF
 ATTENDANCE AT SUCH SCHOOLS, AND, IF APPLICABLE, THE YEAR OF SUCH  GRADU-
 ATION;
   (II) "MILITARY SERVICE HISTORY" MEANS MILITARY SERVICE OF THE STATE OR
 MILITARY  SERVICE OF THE UNITED STATES, AS DEFINED IN SECTION ONE OF THE
 MILITARY LAW, SERVICE AS A MEMBER OF  MILITARY  RESERVES,  AND  MILITARY
 SERVICE   FOR ANY OTHER COUNTRY OR TERRITORY OR SUBDIVISION THEREOF, THE
 NUMBER OF YEARS SERVED BY THE CANDIDATE, THE YEAR THE CANDIDATE FINISHED
 THEIR MILITARY SERVICE AND THE RANK WITH WHICH THE CANDIDATE LEFT  MILI-
 TARY SERVICE WITH; AND
   (III)  "EMPLOYMENT  HISTORY" MEANS EACH POSITION OF EMPLOYMENT HELD BY
 THE CANDIDATE SINCE THE AGE OF TWENTY-ONE OR FOR THE PAST TWENTY  YEARS,
 WHICHEVER  PERIOD  IS  SHORTER, WHETHER AS AN EMPLOYEE OR AN INDEPENDENT
 CONTRACTOR, THAT EXCEEDED THREE MONTHS, AND THE NAME OF THE EMPLOYER.
   § 3. The section heading and subdivisions 1 and 2 of section 16-114 of
 the election law, subdivisions 1 and 2 as redesignated by chapter  9  of
 the laws of 1978, are amended to read as follows:
   Proceedings  to compel filing of statements or corrected statements of
 campaign receipts, expenditures  and  contributions  OR  OF  EDUCATIONAL
 BACKGROUND,  MILITARY  SERVICE  HISTORY  AND  EMPLOYMENT HISTORY. 1. The
 supreme court or a justice thereof, in a proceeding  instituted  by  any
 candidate  voted for at the election or primary or by any five qualified
 voters or by the state or other board of elections may compel by  order,
 any  person  required  to  file a statement of receipts, expenditures or
 contributions for campaign purposes OR A STATEMENT OF EDUCATIONAL  BACK-
 GROUND,  MILITARY  SERVICE  HISTORY  AND EMPLOYMENT HISTORY, who has not
 filed any such statement within the time prescribed by this chapter,  to
 file such statement within five days after notice of the order.
   2.  The supreme court or a justice thereof, in a proceeding instituted
 by any candidate voted for at the election or primary  or  by  any  five
 A. 5843                             3
 
 qualified voters, or by the state or other board of elections in accord-
 ance  with  the provision of this chapter may compel by order any person
 required under the provisions of this chapter to  file  a  statement  of
 receipts,  expenditures  or  contributions  for  campaign  purposes OR A
 STATEMENT OF OF EDUCATIONAL BACKGROUND,  MILITARY  SERVICE  HISTORY  AND
 EMPLOYMENT  HISTORY, who has filed a statement which does not conform to
 the requirements of this chapter in respect to its truth, sufficiency in
 detail or otherwise, to file a new or supplemental statement which shall
 make the statement or statements true  and  complete  within  five  days
 after  notice  of  the  order.   The state board of elections shall be a
 necessary party in any such proceeding.
   § 4. Paragraph (a) of subdivision 9-A of section 3-102 of the election
 law, as amended by section 8 of part ZZZ of chapter 58 of  the  laws  of
 2020, is amended to read as follows:
   (a)  develop  an electronic reporting system to process the statements
 of campaign receipts, contributions, transfers and expenditures required
 to be filed with any board of elections pursuant to  the  provisions  of
 sections  14-102,  14-104  and  14-201 of this chapter AND STATEMENTS OF
 EDUCATIONAL BACKGROUND, MILITARY SERVICE HISTORY AND EMPLOYMENT  HISTORY
 REQUIRED  TO  BE  FILED  WITH  ANY  BOARD  OF  ELECTIONS PURSUANT TO THE
 PROVISIONS OF SECTION 14-104 OF THIS CHAPTER;
   § 5. Subdivision 1 of section 14-126 of the election law is amended by
 adding a new paragraph (c) to read as follows:
   (C) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION,  ANY PERSON WHO KNOWINGLY AND WILLFULLY VIOLATES THE PROVISIONS OF
 PARAGRAPH (B) OF SUBDIVISION ONE OF  SECTION  14-104  OF  THIS  ARTICLE,
 INCLUDING  AN  INDIVIDUAL  WHO  KNOWINGLY  AND  WILLFULLY PROVIDES FALSE
 INFORMATION DESCRIBED IN PARAGRAPH (B) OF  SUBDIVISION  ONE  OF  SECTION
 14-104  OF THIS ARTICLE, SHALL BE FINED ONE THOUSAND DOLLARS OR SHALL BE
 IMPRISONED FOR ONE YEAR, OR BOTH. SUCH FINE SHALL BE  RECOVERABLE  IN  A
 SPECIAL  PROCEEDING  OR CIVIL ACTION TO BE BROUGHT BY THE CHIEF ENFORCE-
 MENT COUNSEL PURSUANT TO SECTION 16-114 OF THIS CHAPTER. ANY PERSON WHO,
 THREE OR MORE TIMES WITHIN A GIVEN  ELECTION  CYCLE  FOR  SUCH  TERM  OF
 OFFICE, KNOWINGLY AND WILLFULLY VIOLATES THE PROVISIONS OF PARAGRAPH (B)
 OF SUBDIVISION ONE OF SECTION 14-104 OF THIS ARTICLE, INCLUDING AN INDI-
 VIDUAL  WHO KNOWINGLY AND WILLFULLY PROVIDES FALSE INFORMATION OF EDUCA-
 TIONAL BACKGROUND, MILITARY SERVICE HISTORY AND  EMPLOYMENT  HISTORY  OF
 THIS  ARTICLE,   SHALL   BE SUBJECT TO A CIVIL PENALTY, NOT IN EXCESS OF
 TEN THOUSAND DOLLARS, TO BE RECOVERABLE   AS PROVIDED   FOR   IN    THIS
 SUBDIVISION.
   §  6. This act shall take effect one year after it shall have become a
 law and shall apply  to  candidates  running  for  office  in  elections
 commencing on and after such effective date.