NY State Senate Bill 2025-S2138

Senate Bill S2138

2025-2026 Legislative Session

Requires certain candidates to file a statement attesting to the veracity of statements regarding the candidate's educational history, and service, employment and residency record

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 15, 2025	referred to elections

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2025-S2138 (ACTIVE) - Details

Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §6-170, El L
Versions Introduced in 2023-2024 Legislative Session:: S5884

2025-S2138 (ACTIVE) - Summary

Requires certain candidates to file a statement attesting to the veracity of statements regarding the candidate's educational history, and service, employment and residency record; provides for the filing of amended statements; provides penalties.

2025-S2138 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2138

SPONSOR: LIU
 
TITLE OF BILL:

An act to amend the election law, in relation to requiring certain
candidates to file a statement attesting to the veracity of statements
regarding the candidate's educational history, and service, employment
and residency record

 
PURPOSE OR GENERAL IDEA OF BILL:

To require potential candidates to attest to the general biographical
information that they share with voters, including certain employment
history, service record, educational accomplishments that they tout, and
military service records.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one adds a new section 6-170 that requires candidates to attest
to their military service record, recent employment history, residential
address and certain educational records fifteen days after they file

their certificate or petitions to run for office with the applicable
Board of Elections. The receiving Board of Elections would then have
five business days to upload the information disclosed on their webpage.
Failure to file the necessary disclosure would result in a civil penalty
of $1,000, with an additional $25 per day that the disclosure is not
filed, up to a maximum of $2,000.  Fines imposed pursuant to this
section may not be paid for from the candidates' campaign account. The
Board will note on their webpage if a candidate did not file their
disclosure, so that the public is aware that the background of the
candidate has not been disclosed.  The statements will be signed, nota-
rized, and filed under penalty of perjury by the candidate. Addi-
tionally, this section requires that if additional representations are
made by the candidate during the course of their campaign, that amended
disclosure statements must be filed at the time the next campaign
finance disclosure is filed.

Section two provides for a 90 day effective date.

 
JUSTIFICATION:

Having candidates attest to basic biographical information will allow
for early identification of candidates that are misleading the public,
or who do not qualify for the office they are pursuing based on residen-
cy requirements. Early identification of an untruthful or non-qualifying
candidate will ensure that only eligible candidates appear on our
ballots and that the public has a true choice when the go to the polls.
This bill balances the public's need for truthful information from
candidates, 'while ensuring that the disclosure does not have a chilling
effect. Democracy works best when people of various backgrounds and
experiences come together, and this bill balances those needs by limit-
ing the type of information that is disclosed. This attestation will
help deter instances of untruthfulness from a candidate and gives the
public a way of verifying the things that candidates are claiming.
Unfortunately, we are forced to legislate truthfulness. Without proper
vetting of candidates, constituents are sometimes left without represen-
tation in government and ultimately lose faith in the electoral system.

It is imperative in New York State that candidates for public office be
truthful in the statements they make to voters, that voters should be
able to trust the information candidates share, and that there should be
a way for the public to verify such.

 
PRIOR LEGISLATIVE HISTORY:

01/03/24 REFERRED TO ELECTIONS

03/21/23 REFERRED TO ELECTIONS

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to state or local governments.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2025-S2138 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2138
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2025
                                ___________
 
 Introduced  by  Sens.  LIU,  BAILEY,  COMRIE,  SKOUFIS -- 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 requiring certain
   candidates to file a statement attesting to the veracity of statements
   regarding the candidate's educational history, and service, employment
   and residency record
 
   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 6-170
 to read as follows:
   § 6-170.  VERACITY OF STATEMENTS OF CANDIDATES. 1. FIFTEEN DAYS  AFTER
 THE  FILING OF A CERTIFICATE OF ACCEPTANCE, CERTIFICATE TO FILL A VACAN-
 CY, A PETITION FOR AN OPPORTUNITY TO BALLOT BY A CANDIDATE  PURSUANT  TO
 SECTION  6-158  OF  THIS  ARTICLE,  THE FILING OF A DESIGNATING PETITION
 PURSUANT TO SECTION 6-132 OF THIS ARTICLE, OR THE FILING OF AN INDEPEND-
 ENT NOMINATING PETITION PURSUANT TO SECTION 6-140 OF THIS ARTICLE,  EACH
 CANDIDATE  SHALL SUBMIT A SWORN STATEMENT INCLUDING THE FOLLOWING INFOR-
 MATION:
   (A) MILITARY SERVICE RECORD, IF ANY, INCLUDING DATES OF ENLISTMENT AND
 DISCHARGE AND APPOINTMENTS;
   (B) EMPLOYMENT HISTORY, IF ANY, FOR THE PREVIOUS FIVE YEARS;
   (C) CURRENT RESIDENTIAL ADDRESS;
   (D) AN ATTESTATION BY THE CANDIDATE THAT THE CANDIDATE MEETS THE RESI-
 DENCY REQUIREMENTS OF THE OFFICE THAT THEY SEEK; AND
   (E) EDUCATIONAL HISTORY, INCLUDING HIGH SCHOOLS, COLLEGES OR UNIVERSI-
 TIES ATTENDED, DATES OF ATTENDANCE AND YEAR OF  GRADUATION  AND  DEGREES
 RECEIVED  IF ANY, OR EMPLOYMENT HISTORY NOT OTHERWISE DISCLOSED PURSUANT
 TO PARAGRAPH (B) OF THIS SUBDIVISION,  THAT  THE  CANDIDATE  VOLUNTARILY
 REPRESENTS  ON  THEIR  WEBSITE, IN THEIR CAMPAIGN LITERATURE OR VERBALLY
 DURING THE COURSE OF THEIR CAMPAIGN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05987-01-5

 S. 2138                             2
 
   IN THE EVENT THAT THE FIFTEENTH DAY AFTER THE FILING OF A  CERTIFICATE
 OF ACCEPTANCE, CERTIFICATE TO FILL A VACANCY, A PETITION FOR AN OPPORTU-
 NITY TO BALLOT BY A CANDIDATE PURSUANT TO SECTION 6-158 OF THIS ARTICLE,
 THE  FILING  OF A DESIGNATING PETITION PURSUANT TO SECTION 6-132 OF THIS
 ARTICLE, OR THE FILING OF AN INDEPENDENT NOMINATING PETITION PURSUANT TO
 SECTION  6-140  OF  THIS ARTICLE OCCURS ON A WEEKEND OR STATE OR FEDERAL
 HOLIDAY, THE FILING SHALL BE DUE ON THE NEXT  SUCCEEDING  BUSINESS  DAY.
 SUCH  STATEMENT  SHALL  BE ATTESTED TO BY THE CANDIDATE UNDER PENALTY OF
 PERJURY, NOTARIZED AND FILED WITH  THE  BOARD  OF  ELECTIONS  WHERE  THE
 CERTIFICATE  OF  ACCEPTANCE, CERTIFICATE TO FILL A VACANCY, PETITION FOR
 AN OPPORTUNITY TO BALLOT, DESIGNATING PETITION FILED PURSUANT TO SECTION
 6-132 OF THIS ARTICLE, OR INDEPENDENT NOMINATING PETITION FILED PURSUANT
 TO SECTION 6-140 OF THIS ARTICLE WAS  FILED.  SUCH  STATEMENT  SHALL  BE
 AMENDED, AS NEEDED, UPON THE MAKING OF ADDITIONAL REPRESENTATIONS BY THE
 CANDIDATE  DURING  THE  COURSE OF THE CAMPAIGN. SUCH AMENDMENTS SHALL BE
 FILED WITH THE APPLICABLE BOARD OF ELECTIONS THAT  THE  CANDIDATE  FILED
 THEIR  ORIGINAL  STATEMENT  WITH  ON THE DATE THAT THE NEXT STATEMENT OF
 CAMPAIGN RECEIPT AND EXPENDITURE  IS  FILED  PURSUANT  TO  THE  SCHEDULE
 PROMULGATED  BY  THE  STATE BOARD OF ELECTIONS.   SUCH AMENDED STATEMENT
 SHALL BE ATTESTED TO BY THE CANDIDATE UNDER PENALTY OF PERJURY AND NOTA-
 RIZED IN THE SAME MANNER AS THE ORIGINAL STATEMENT. FAILURE TO  FILE  AN
 AMENDED  STATEMENT  SHALL CONSTITUTE A FURTHER ATTESTATION BY THE CANDI-
 DATE THAT THE ORIGINAL STATEMENT REMAINS TRUE, COMPLETE AND CORRECT.
   2. WITHIN FIVE BUSINESS DAYS OF THE FILING OF ANY STATEMENT OR AMENDED
 STATEMENT BY A CANDIDATE PURSUANT TO THIS SECTION, THE APPLICABLE  BOARD
 OF  ELECTIONS  WHICH  HAS  RECEIVED  THE STATEMENT OR AMENDED STATEMENT,
 SHALL POST THE STATEMENTS REQUIRED BY THIS SECTION ON  ITS  WEBSITE.  IF
 THE  CANDIDATE STATEMENT REQUIRED BY THIS SECTION HAS NOT BEEN RECEIVED,
 THE APPLICABLE BOARD OF ELECTIONS SHALL NOTIFY THE CANDIDATES  WHO  HAVE
 FAILED  TO  PROVIDE  THE  REQUIRED  STATEMENT  THAT THEY ARE REQUIRED TO
 COMPLY WITH THE REQUIREMENTS OF  THIS  SECTION  AND  SHALL  INDIVIDUALLY
 IDENTIFY  EACH  CANDIDATE  FOR WHOM A CERTIFICATE OF ACCEPTANCE, CERTIF-
 ICATE TO FILL A VACANCY, PETITION FOR AN OPPORTUNITY TO  BALLOT,  DESIG-
 NATING  PETITION  OR  INDEPENDENT NOMINATING PETITION HAS BEEN RECEIVED,
 BUT WHO HAS FAILED TO PROVIDE THE STATEMENT REQUIRED BY THIS SECTION  ON
 THE  APPLICABLE  BOARD  OF  ELECTIONS  WEBSITE  ALONG WITH THE COMPLETED
 STATEMENTS THAT IT HAS RECEIVED FROM OTHER CANDIDATES.
   3. FAILURE TO FILE THE STATEMENT, OR AN AMENDED STATEMENT, REQUIRED BY
 THIS SECTION WITHIN FIVE BUSINESS DAYS OF THE APPLICABLE  FILING  PERIOD
 DEADLINE  OF  ANY  DESIGNATING PETITION CARRIES AN INITIAL CIVIL PENALTY
 NOT TO EXCEED ONE THOUSAND DOLLARS, WITH ADDITIONAL  PENALTIES  ACCRUING
 AT TWENTY-FIVE DOLLARS FOR EACH DAY THE STATEMENT IS MORE THAN TEN BUSI-
 NESS  DAYS  OVERDUE,  UP TO A MAXIMUM ADDITIONAL PENALTY OF ONE THOUSAND
 DOLLARS. PENALTIES IMPOSED BY THE BOARD OF ELECTIONS FOR  VIOLATIONS  OF
 THE REPORTING REQUIREMENT SET FORTH IN THIS SECTION SHALL BE PAID BY THE
 CANDIDATE  FAILING TO FILE THE REQUIRED DISCLOSURE.  SUCH PENALTY LEVIED
 BY THE BOARD OF ELECTIONS SHALL NOT BE PAID FROM CONTRIBUTIONS OR  FUNDS
 AVAILABLE IN A CAMPAIGN ACCOUNT.
   4.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   A. "MILITARY SERVICE RECORD" 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
 S. 2138                             3

 THEIR MILITARY SERVICE AND THE RANK WITH WHICH THE CANDIDATE LEFT  MILI-
 TARY SERVICE WITH;
   B. "EMPLOYMENT HISTORY" MEANS INFORMATION INCLUDING WHETHER THE CANDI-
 DATE  WAS  AN  EMPLOYEE  OR SUBCONTRACTOR, THE NAME OF THE EMPLOYER, THE
 TITLE OF THE POSITION HELD, AND DATES OF EMPLOYMENT.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

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Senate Bill S2138

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Sponsored By

John C. Liu