Provides that upon the death of a candidate, former candidate or holder of elective office, remaining campaign accounts be transferred to the state treasury unless a charitable organization has been designated to receive such moneys.
TITLE OF BILL: An act to amend the election law, in relation to providing that campaign accounts be transferred to the state treasury upon death of a candidate
PURPOSE OR GENERAL IDEA OF BILL: Provides that remaining campaign accounts be transferred to the stat treasury after the death of a candidate unless previous arrangements have been made to have the funds donated to a charity of the candidate's choice upon his or her death.
SUMMARY OF SPECIFIC PROVISIONS: Section one (1) requires the disposal of campaign funds to the state comptroller (2) requires the treasurer of said political committee to notify the board of elections within 30 days of the candidates death (3) allows said candidate to designate a charitable organization to receive the balance of any monies.
Section 2 provides that this act shall take effect 60 days after it has become law.
JUSTIFICATION: In August 2009, it was revealed that the widow of the late Senator Ron Stafford had been making contributions to various charities and campaign committees from the "Committee to Re-elect Stafford" account. Since his death in 2005, Kay Stafford has doled out approximately $60,000. Kay Stafford is a long time lobbyist with CMA Consulting Services.
These contributions are known as "ghost" contributions. Currently, there is no statute in New York state law addressing the disposition of funds when someone with a campaign account passes away. This bill clearly states who would inherit control of the money and where the money is permitted to go, post mortem. This area of law needs to be clearly defined.
PRIOR LEGISLATIVE HISTORY: 2010: A.11517/S.6259
FISCAL IMPLICATIONS: None to the State
EFFECTIVE DATE: This act shall take effect on the sixtieth day after it has become law.
STATE OF NEW YORK ________________________________________________________________________ S. 1163 A. 898 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y January 5, 2011 ___________IN SENATE -- Introduced by Sens. BRESLIN, HASSELL-THOMPSON, HUNTLEY, KRUEGER, OPPENHEIMER, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Elections IN ASSEMBLY -- Introduced by M. of A. McENENY -- read once and referred to the Committee on Election Law AN ACT to amend the election law, in relation to providing that campaign accounts be transferred to the state treasury upon death of a candi- date 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 14-131 to read as follows: S 14-131. REQUIRED DISPOSAL OF CAMPAIGN FUNDS. 1. UPON THE DEATH OF A CANDIDATE, FORMER CANDIDATE OR HOLDER OF ELECTIVE OFFICE, WHO RECEIVED CAMPAIGN CONTRIBUTIONS, ANY MONEYS REMAINING IN THE ACCOUNT OF A POLI- TICAL COMMITTEE FORMED FOR THE PURPOSE OF PROMOTING OR ELECTING SUCH CANDIDATE NOT OTHERWISE DUE AND OWED TO ANY PARTY SHALL BE PAID OVER TO THE COMPTROLLER OF THE STATE OF NEW YORK FOR DEPOSIT IN THE GENERAL TREASURY OF THE STATE. 2. THE TREASURER OF A POLITICAL COMMITTEE SHALL NOTIFY THE STATE BOARD OF ELECTIONS UPON THE DEATH OF A CANDIDATE, FORMER CANDIDATE OR HOLDER OF ELECTIVE OFFICE. SUCH NOTICE SHALL BE FILED IN THE OFFICE IN WHICH THE COMMITTEE IS REQUIRED TO FILE STATEMENTS UNDER SECTION 14-110 OF THIS ARTICLE, WITHIN THIRTY DAYS OF THE DEATH OF SUCH PERSON. 3. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, A CANDIDATE, FORMER CANDIDATE OR HOLDER OF ELECTIVE OFFICE MAY, AT ANY TIME, DESIG- NATE A CHARITABLE ORGANIZATION TO RECEIVE THE BALANCE OF ANY MONEYS REMAINING IN THE ACCOUNT OF A POLITICAL COMMITTEE FORMED FOR THE PURPOSE OF PROMOTING OR ELECTING SUCH CANDIDATE UPON THE DEATH OF SUCH PERSON BY FILING A NOTICE TO THAT EFFECT WITH THE STATE BOARD OF ELECTIONS. THEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01835-01-1 S. 1163 2 A. 898
STATE BOARD OF ELECTIONS SHALL DEVELOP A FORM FOR SUCH PURPOSE. IF A CHARITABLE ORGANIZATION DESIGNATED BY A CANDIDATE UNDER THIS SECTION IS NO LONGER IN EXISTENCE UPON THE DEATH OF SUCH PERSON THEN SUCH REMAINING MONEYS SHALL BE PAID INTO THE GENERAL TREASURY OF THE STATE IN ACCORD- ANCE WITH THIS SECTION. S 2. This act shall take effect on the sixtieth day after it shall have become a law; provided, however, that this act shall apply to contributions received after such effective date; and provided, further, that the state board of elections shall notify all registered campaign committees of the applicable provisions of this act within thirty days after this act shall have become a law.