NY State Senate Bill 2023-S4431

Senate Bill S4431

2023-2024 Legislative Session

Relates to the disposition of campaign funds raised by an elected official who has been convicted of a crime committed while in public office or has been impeached and convicted or has resigned

download bill text pdf

Current 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to elections
Feb 08, 2023	referred to elections

2023-S4431 (ACTIVE) - Details

See Assembly Version of this Bill:: A4314
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Amd §14-132, El L
Versions Introduced in 2021-2022 Legislative Session:: S7874, A8371

2023-S4431 (ACTIVE) - Summary

Relates to the disposition of campaign funds raised by an elected official who has been convicted of a crime committed while in public office or has been impeached and has been convicted, or has resigned public office following findings by either the attorney general or a committee of the legislature that the official has violated the law.

2023-S4431 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4431

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the election law, in relation to the disposition of
campaign funds raised by an elected official who has been convicted of a
crime committed while in public office or has been impeached and
convicted or has resigned

 
PURPOSE OR GENERAL IDEA OF BILL:

To prevent a candidate who has corrupted their office and has left that
office from utilizing a campaign account to advance political candidates
or a political agenda.

 
SUMMARY OF PROVISIONS:

  Section  1.  Section 14-132 of the election law is amended by adding a
new subdivision 1-a to bar elected official who have been convicted of a
crime while in public office, have been impeached and convicted, or have
resigned their office following findings by either the attorney  general

or a committee of the legislature that they violated the law, from using
campaign  funds  raised  while  they  held that office in support of any
candidate for public office or any issue  in  any  campaign  for  public
office  in  this  state. Individuals may open a new campaign account and
raise new funds. Funds that cannot be spent may be returned to contribu-
tors, donated to a charitable organization, SUNY  or  CUNY,  or  to  the
state's general fund.

  §  2. Subdivision 2 of section 14-132 of the election law, as added by
section 2 of part C of chapter 286 of the laws of 2016,  is  amended  to
bar  a  candidate's  political committee, in the instances enumerated in
subdivision 1, from disposing of campaign funds for personal use.

  3. Effective date

 
JUSTIFICATION:

New  York  State  has  legislation  for  the  disposition  of   campaign
funds/accounts  after  the  death of a candidate, but not in the event a
candidate has raised campaign funds for an  office  they  corrupted  and
either  were  forced  from  or  resigned from. Candidates convicted of a
crime committed while in public office, or impeached and  convicted,  or
who  resigned  while  the  subject of a criminal investigation and/or an
impeachment inquiry, should not be able to  expend  any  campaign  funds
raised  while  they  held that public office in support of any candidate
for public office or any issue in any campaign for public office in this
state. The campaign funds on hand at the time  of  such  resignation  or
conviction  were  raised  because  the person held the corrupted office.
This is distinguished from a person's first  amendment  right  to  raise
money  independently  without  the  benefit  of  holding  public office.
Simply, campaign funds are not personal property and should  be  subject
to restrictions when the person has corrupted his or her office.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S7874 / A8371

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4431 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4431
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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 the disposition of
   campaign funds raised by an elected official who has been convicted of
   a crime committed while in public office or  has  been  impeached  and
   convicted or has resigned
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 14-132 of the election law is amended by  adding  a
 new subdivision 1-a to read as follows:
   1-A.  NO  ELECTED OFFICIAL WHO HAS BEEN CONVICTED OF A CRIME COMMITTED
 WHILE IN PUBLIC OFFICE, OR WHO HAS BEEN IMPEACHED AND CONVICTED, OR  WHO
 RESIGNED  HIS  OR  HER  PUBLIC  OFFICE  FOLLOWING FINDINGS BY EITHER THE
 ATTORNEY GENERAL OR A COMMITTEE OF THE LEGISLATURE THAT THE OFFICIAL HAS
 VIOLATED THE LAW, SHALL EXPEND ANY CAMPAIGN FUNDS RAISED WHILE HE OR SHE
 HELD SUCH SAME PUBLIC OFFICE IN SUPPORT  OF  ANY  CANDIDATE  FOR  PUBLIC
 OFFICE  OR  ANY  ISSUE  IN ANY CAMPAIGN FOR PUBLIC OFFICE IN THIS STATE.
 PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL PROHIBIT  SUCH
 FORMER  OFFICEHOLDER FROM RAISING AND SPENDING MONEY IN SUPPORT OF POLI-
 TICAL ACTIVITIES IN AN ACCOUNT THAT DID NOT EXIST AT THE TIME HE OR  SHE
 HELD  OFFICE, UNLESS BARRED FROM DOING SO BY ANY SENTENCE FOR A CRIME OR
 IMPEACHABLE OFFENSE. WHERE SUCH ELECTED OFFICIAL OR  ELECTED  OFFICIAL'S
 AUTHORIZED  COMMITTEE  RECEIVED  CAMPAIGN  CONTRIBUTIONS, ALL SUCH FUNDS
 SHALL BE DISPOSED OF BY ANY OF THE FOLLOWING MEANS, OR  ANY  COMBINATION
 THEREOF, WITHIN TWO YEARS OF CONVICTION OR RESIGNATION:
   (A)  RETURNING,  PRO RATA, TO EACH CONTRIBUTOR THE FUNDS THAT HAVE NOT
 BEEN SPENT OR OBLIGATED;
   (B) DONATING THE FUNDS TO A CHARITABLE ORGANIZATION  OR  ORGANIZATIONS
 THAT MEET THE QUALIFICATIONS OF SECTION 501(C)(3) OF THE INTERNAL REVEN-
 UE CODE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06052-01-3
 S. 4431                             2

 
   (C) DONATING THE FUNDS TO THE STATE UNIVERSITY OF NEW YORK OR THE CITY
 UNIVERSITY OF NEW YORK; OR
   (D) DONATING THE FUNDS TO THE STATE'S GENERAL FUND.
   §  2. Subdivision 2 of section 14-132 of the election law, as added by
 section 2 of part C of chapter 286 of the laws of 2016,  is  amended  to
 read as follows:
   2. No [such candidate's] authorized political committee ON BEHALF OF A
 CANDIDATE  AS  DESCRIBED  BY  SUBDIVISION ONE OF THIS SECTION OR ELECTED
 OFFICIAL DESCRIBED BY SUBDIVISION ONE-A OF THIS SECTION shall dispose of
 campaign funds by making expenditures for personal  use  as  defined  in
 section 14-130 of this article.
   § 3. This act shall take effect immediately.

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