S1907-2011 Actions

• Jan 14, 2011: REFERRED TO ELECTIONS

S1907-2011 Memo

BILL NUMBER:S1907

TITLE OF BILL:
An act
to amend the election law, in relation to disqualification of
candidates who fail to file personal financial disclosure statements

PURPOSE OR GENERAL IDEA OF BILL:
To insure that candidates for public office fully disclose their
personal financial ties and investments as required by the Ethics in
Government law.

SUMMARY OF SPECIFIC PROVISIONS:
A new section 6-123 is added to the election law, which would
disqualify candidates for public office who fail to file an annual
statement of financial disclosure as required by the public officers
law.

JUSTIFICATION:
In 1987 the Legislature enacted stringent financial reporting
requirements in the Ethics in Government law. Pursuant to this law,
incumbent officeholders must file personal financial disclosure
statements by May 15. However, non-incumbent challenger candidates do
not have to file their disclosure statements until after they have
filed their designating or nominating petitions or certificates of
nomination (usually in July, August or September).

A challenger candidate could avoid any opportunity for the public, the
press, or the opposing candidate, to scrutinize his disclosure
statement by filing a couple weeks late, or not at all until after
the election.
Yet the same challenger candidate has access to the incumbent's
statement months before the election.

Commitment to the highest ethical standards require that candidates
for public office should disclose their financial dealings prior to
the election in order for the voters to be fully aware of any
possible conflicts of interest, or they should forfeit their place on
the ballot.

The public's opportunity to choose a candidate will be preserved since
a substitution would be permitted for the disqualified candidate.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Thirtieth day after it shall have become a law, with provisions.

S1907-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1907
 2011-2012 Regular Sessions
 I N  SENATE
 January 14, 2011
 
 Introduced  by  Sen.  KRUGER -- 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  disqualification  of
 candidates who fail to file personal financial disclosure statements
 

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  6-123
 to read as follows:

 

S  6-123.  DESIGNATION  OR NOMINATION; DISQUALIFICATION FOR FAILURE TO
 FILE STATEMENT OF FINANCIAL DISCLOSURE. A PERSON SHALL  BE  DISQUALIFIED
 FROM  AN  ELECTION FOR WHICH THE FILING OF AN ANNUAL STATEMENT OF FINAN
 CIAL DISCLOSURE IS REQUIRED  PURSUANT  TO  SUBDIVISION  TWO  OF  SECTION
 SEVENTY-THREE-A OF THE PUBLIC OFFICERS LAW, IF SUCH PERSON FAILS TO MAKE
 A  TIMELY  FILING  OF  SUCH  STATEMENT, AS REQUIRED BY SUCH SUBDIVISION.
 VACANCIES CAUSED BY DISQUALIFICATION PURSUANT TO THIS SECTION  SHALL  BE
 FILLED  IN ACCORDANCE WITH SECTIONS 6-148, 6-150 AND 6-152 OF THIS ARTI
 CLE.
 

S 2. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law  and  shall apply to violations of subdivision 2 of
 section 73-a of the public officers law existing on or  occurring  after
 the effective date of this act.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07159-01-1

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