S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2503

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by  Sen. KRUEGER -- 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  increasing  penalties
  for certain violations

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 14-126 of the election law, as amended by section 6
of subpart C of part H of chapter 55 of the laws of 2014, subdivision  1
as  separately amended by section 1 of subpart B of part H of chapter 55
of the laws of 2014, is amended to read as follows:
  S 14-126. Violations; penalties. 1. (a) Any person who fails to file a
statement required to be filed by this article shall  be  subject  to  a
civil  penalty, not in excess of one thousand dollars, to be recoverable
in a special proceeding or civil action  to  be  brought  by  the  chief
enforcement  counsel  pursuant  to  section  16-114 of this chapter. Any
person who, three or more times within a given election cycle  for  such
term  of  office, fails to file a statement or statements required to be
filed by this article, shall be subject  to  a  civil  penalty,  not  in
excess  of  ten  thousand  dollars, to be recoverable as provided for in
this subdivision.
  (b) All payments received by the state board of elections pursuant  to
this section shall be retained in the appropriate accounts as designated
by the division of the budget for enforcement activities by the board of
elections.
  2.  Any person who, acting as or on behalf of a candidate or political
committee, under circumstances evincing an intent to violate  such  law,
unlawfully accepts a contribution in excess of a contribution limitation
established  in  this  article,  shall be required to refund such excess
amount and shall be subject to a  civil  penalty  equal  to  the  excess
amount plus a fine of up to ten thousand dollars, to be recoverable in a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00128-01-5

              

S. 2503                             2

special  proceeding  or civil action to be brought by the state board of
elections chief enforcement counsel.
  3.  Any  person  who falsely identifies or knowingly fails to identify
any independent expenditure as required by subdivision  two  of  section
14-107 of this [article] TITLE shall be subject to a civil penalty up to
one  thousand  dollars or up to the cost of the communication, whichever
is greater, in a special proceeding or civil action brought by the state
board of elections chief enforcement counsel or imposed directly by  the
state  board  of  elections.  For purposes of this subdivision, the term
"person" shall mean a person, group of persons, corporation,  unincorpo-
rated  business entity, labor organization or business, trade or profes-
sional association or organization or political committee.
  4. ANY PERSON WHO, ACTING AS OR ON BEHALF OF A CANDIDATE OR  POLITICAL
COMMITTEE,  UNDER  CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE SUCH LAW,
UNLAWFULLY (A) EXPENDS CAMPAIGN FUNDS FOR A PERSONAL USE IN VIOLATION OF
THIS ARTICLE, OR (B) CONDUCTS ACTIVITIES  PROHIBITED  BY  THIS  ARTICLE,
SHALL  BE  SUBJECT  TO  A  CIVIL  PENALTY, NOT IN EXCESS OF TEN THOUSAND
DOLLARS, TO BE RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL ACTION TO BE
BROUGHT BY THE STATE BOARD OF ELECTIONS.
  5. Any person who knowingly and willfully fails to  file  a  statement
required  to  be  filed  by  this article within ten days after the date
provided for filing such statement or any person who knowingly and will-
fully violates any other provision of this article shall be guilty of  a
misdemeanor.
  [5.] 6. Any person who knowingly and willfully contributes, accepts or
aids  or  participates  in the acceptance of a contribution in an amount
exceeding an applicable maximum specified in this article shall be guil-
ty of a class A misdemeanor.
  [6.] 7. Any person who shall, acting on behalf of a candidate or poli-
tical committee, knowingly and willfully solicit, organize or coordinate
the formation of activities of one or more unauthorized committees, make
expenditures in connection with the nomination for election or  election
of  any  candidate, or solicit any person to make any such expenditures,
for the purpose of evading the contribution limitations of this article,
shall be guilty of a class E felony.
  8. ANY PERSON WHO, UNDER CIRCUMSTANCES EVINCING AN INTENT  TO  VIOLATE
THIS  ARTICLE, ESTABLISHES A PARTNERSHIP FOR THE SOLE PURPOSE OF EVADING
THE CONTRIBUTION LIMITS THAT WOULD OTHERWISE APPLY TO THAT INDIVIDUAL IN
VIOLATION OF SUBDIVISION TWO OF SECTION 14-120 OF THIS  TITLE  SHALL  BE
SUBJECT  TO A CIVIL PENALTY EQUAL TO TWO TIMES THE AMOUNT CONTRIBUTED BY
THE PARTNERSHIP IN EXCESS OF THE CONTRIBUTION LIMITS THAT  WOULD  OTHER-
WISE APPLY TO THAT INDIVIDUAL PLUS A FINE OF UP TO TEN THOUSAND DOLLARS,
TO  BE RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT
BY THE STATE BOARD OF ELECTIONS.
  9. ANY PERSON WHO, UNDER CIRCUMSTANCES EVINCING AN INTENT  TO  VIOLATE
THIS  ARTICLE,  ESTABLISHES  A  LIMITED  LIABILITY  COMPANY FOR THE SOLE
PURPOSE OF EVADING THE CONTRIBUTION LIMITS THAT WOULD OTHERWISE APPLY TO
THAT INDIVIDUAL IN VIOLATION OF SECTION 14-120 OF THIS  TITLE  SHALL  BE
SUBJECT  TO A CIVIL PENALTY EQUAL TO TWO TIMES THE AMOUNT CONTRIBUTED BY
THE LIMITED LIABILITY COMPANY IN EXCESS OF THE CONTRIBUTION LIMITS  THAT
WOULD  OTHERWISE APPLY TO THAT INDIVIDUAL PLUS A FINE OF UP TO TEN THOU-
SAND DOLLARS, TO BE RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL  ACTION
TO BE BROUGHT BY THE STATE BOARD OF ELECTIONS.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.