Bill S2463-2011

Directs state board of elections to contract with certified public accountancy firm to audit 3% of the candidates who run for state legislature during general election

Enacts the "clean campaign finance act"; directs the state board of elections to contract with a certified public accountancy firm to review and audit a randomly selected 3% of the candidates who run for the state legislature during each general election; such review and audit shall analyze each candidate's compliance with the provisions of the election law.

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  • Jan 4, 2012: REFERRED TO ELECTIONS
  • Jan 21, 2011: REFERRED TO ELECTIONS

Memo

BILL NUMBER:S2463

TITLE OF BILL: An act to amend the election law, in relation to directing the state board of elections to contract with a certified public accountancy firm for the audit and review of the campaign receipts and expenditures of three percent of the candidates for election to the state legislature

PURPOSE: The purpose of this bill is to improve oversight over campaign finance.

SUMMARY OF PROVISIONS: Section 1. Adds a section 3-112 to election law that would call for the review and audit of certain candidates for state legislative seats. The state board of elections will contract with the lowest responsible bidder which meets all requirements set by the board to be the designated certified public accountancy agency by December 1st of each even numbered year. CPA firms will be ineligible for bidding if they have been selected in the previous five years to ensure proper rotation. On or before January 10th of each odd numbered year the state board of elections shall conduct a public lottery selecting not less than three percent of all candidates whose names appeared on the general election ballot for election to the state legislature. The selected CPA firm shall audit and review for compliance the selected candidates and submit a report with findings to the state board of elections on or before June 1st of the same odd numbered year.

Section 2. Sets the effective date as the first of July next succeeding the date on which it shall become a law.

JUSTIFICATION: Modeled after a similar law in Pennsylvania, this bill is being introduced to improve oversight over campaign finance by introducing an outside, independent professional review to the state legislative election process. This bill will help ensure compliance with the state's election laws and allow a more transparent view of the election process to the citizens of New York.

LEGISLATIVE HISTORY: 2010: S.6973 - Referred to Elections

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: This act shall take effect July 1st next Succeeding the date it becomes law.


Text

STATE OF NEW YORK ________________________________________________________________________ 2463 2011-2012 Regular Sessions IN SENATE January 21, 2011 ___________
Introduced by Sen. LIBOUS -- 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 directing the state board of elections to contract with a certified public accountancy firm for the audit and review of the campaign receipts and expendi- tures of three percent of the candidates for election to the state legislature THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "clean campaign finance act". S 2. The election law is amended by adding a new section 3-112 to read as follows: S 3-112. REVIEW AND AUDIT OF COMPLIANCE WITH ARTICLE FOURTEEN OF CANDIDATES FOR ELECTION TO THE STATE LEGISLATURE. 1. ON OR BEFORE THE FIRST OF DECEMBER OF EACH EVEN NUMBERED YEAR, THE STATE BOARD OF ELECTIONS SHALL CONTRACT WITH A CERTIFIED PUBLIC ACCOUNTANCY FIRM TO CONDUCT A REVIEW AND AUDIT OF CERTAIN CANDIDATES FOR ELECTION TO THE STATE LEGISLATURE. SUCH CONTRACT SHALL BE AWARDED TO THE LOWEST RESPON- SIBLE BIDDER WHICH MEETS ALL THE REQUIREMENTS OF SUCH BOARD'S SOLICITA- TION FOR BIDS; PROVIDED, HOWEVER, NO CERTIFIED PUBLIC ACCOUNTANCY FIRM SHALL BE AWARDED SUCH CONTRACT IF IT HAS BEEN AWARDED A CONTRACT PURSU- ANT TO THIS SUBDIVISION IN THE PREVIOUS FIVE YEARS. 2. ON OR BEFORE THE TENTH DAY OF JANUARY OF EACH ODD NUMBERED YEAR, THE STATE BOARD OF ELECTIONS SHALL SELECT BY LOTTERY, AT A PUBLIC DRAW- ING, NOT LESS THAN THREE PERCENT OF ALL THE CANDIDATES WHOSE NAMES APPEARED ON THE BALLOT FOR ELECTION TO THE STATE LEGISLATURE AT THE IMMEDIATELY PRECEDING GENERAL ELECTION. 3. THE CERTIFIED PUBLIC ACCOUNTANCY FIRM SHALL REVIEW AND AUDIT ALL STATEMENTS FILED PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER BY THOSE CANDIDATES SELECTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION, AND
THOSE OF ANY COMMITTEES AUTHORIZED AND CREATED SOLELY FOR THE PURPOSE OF INFLUENCING THE GENERAL ELECTION ON BEHALF OF SUCH CANDIDATES. IN ADDI- TION, THE FIRM, TO THE EXTENT PRACTICABLE, SHALL REVIEW EACH SUCH CANDI- DATE'S AND COMMITTEE'S COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER DURING THE COURSE OF HIS OR HER CAMPAIGN FOR ELECTION TO THE STATE LEGISLATURE. 4. THE CERTIFIED PUBLIC ACCOUNTANCY FIRM SHALL CONDUCT ITS REVIEW AND AUDIT OF CANDIDATES IN ACCORD WITH SOUND ACCOUNTING PRINCIPLES. 5. ON OR BEFORE THE FIRST OF JUNE DURING EACH ODD NUMBERED YEAR, THE CERTIFIED PUBLIC ACCOUNTANCY FIRM SHALL SUBMIT, TO THE STATE BOARD OF ELECTIONS, A REPORT ON THE REVIEW AND AUDIT RELATING TO EACH CANDIDATE SELECTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION. S 3. This act shall take effect on the first of July next succeeding the date on which it shall have become a law.

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