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A08371 Summary:

BILL NOA08371C
 
SAME ASSAME AS S07874-B
 
SPONSORSteck
 
COSPNSRGonzalez-Rojas, Woerner
 
MLTSPNSR
 
Amd §14-132, El L
 
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.
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A08371 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8371C
 
SPONSOR: Steck
  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: 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 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, cr 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, or after having been impeached, 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 a 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; (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 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. 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.   LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Effective immediately.
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A08371 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8371--C
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    October 20, 2021
                                       ___________
 
        Introduced  by  M. of A. STECK, GONZALEZ-ROJAS, WOERNER -- read once and
          referred to the Committee on Election  Law  --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee -- recommitted to the Committee on Election Law  in  accord-
          ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  again  reported  from said committee with amendments, ordered
          reprinted as amended and recommitted to said committee
 
        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:
 
     1    Section  1.  Section 14-132 of the election law is amended by adding a
     2  new subdivision 1-a to read as follows:
     3    1-a. No elected official who has been convicted of a  crime  committed
     4  while  in public office, or who has been impeached and convicted, or who
     5  resigned his or her public  office  following  findings  by  either  the
     6  attorney general or a committee of the legislature that the official has
     7  violated the law, shall expend any campaign funds raised while he or she
     8  held  such  same  public  office  in support of any candidate for public
     9  office or any issue in any campaign for public  office  in  this  state.
    10  Provided,  however, that nothing in this subdivision shall prohibit such
    11  former officeholder from raising and spending money in support of  poli-
    12  tical  activities in an account that did not exist at the time he or she
    13  held office, unless barred from doing so by any sentence for a crime  or
    14  impeachable  offense.  Where such elected official or elected official's
    15  authorized committee received campaign  contributions,  all  such  funds
    16  shall  be  disposed of by any of the following means, or any combination
    17  thereof, within two years of conviction or resignation:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13129-10-2

        A. 8371--C                          2
 
     1    (a) returning, pro rata, to each contributor the funds that  have  not
     2  been spent or obligated;
     3    (b)  donating  the funds to a charitable organization or organizations
     4  that meet the qualifications of section 501(c)(3) of the Internal Reven-
     5  ue Code;
     6    (c) donating the funds to the state university of New York or the city
     7  university of New York; or
     8    (d) donating the funds to the state's general fund.
     9    § 2. Subdivision 2 of section 14-132 of the election law, as added  by
    10  section  2  of  part C of chapter 286 of the laws of 2016, is amended to
    11  read as follows:
    12    2. No [such candidate's] authorized political committee on behalf of a
    13  candidate as described by subdivision one of  this  section  or  elected
    14  official described by subdivision one-a of this section shall dispose of
    15  campaign  funds  by  making  expenditures for personal use as defined in
    16  section 14-130 of this article.
    17    § 3. This act shall take effect immediately.
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