S2539-2013 Actions

• Jan 18, 2013: REFERRED TO ELECTIONS

S2539-2013 Memo

BILL NUMBER:S2539

TITLE OF BILL:
An act
to amend the election law, in relation to contribution activities by an
intermediary

PURPOSE:
This bill is designed to provide for the disclosure of intermediaries
such as bundlers, as well as the source and amount of the
contributions they deliver, and the employment information of
contributors of $100 or more.

SUMMARY OF PROVISIONS:

Section 1: Amends the Election Law to add a new section 14-105, in
which subdivision one defines an "intermediary" as an individual or
one of several types of organizations that delivers contributions
from another to a candidate or authorized committee, or solicits
contributions to a candidate or authorized committee with the
knowledge of the candidate or his or her authorized committee. Family
members, campaign workers and commercial fundraising firms retained
by the candidate are excluded from this definition.

Subdivision two requires that when an intermediary delivers
contributions of more than $1000, it must provide the name, mailing
address and occupation of any contributor of over $99, and if the
contribution is two hundred dollars or more, then it must also
provide the name and address of the contributor's employer. The
intermediary is also required to provide the total amount of
contributions of $99 or less.

Subdivision three requires the candidate, his or her authorized
committee, or the party committee to report to the state board of
elections any intermediary who delivers contributions totaling one
thousand dollars or more.

Subdivision four provides for the state board of elections to provide
for reporting of the intermediary's name, mailing address, occupation
and employer, and the total amount of contributions he or she delivers.

Section 2: Provides that the Act takes effect January 1st 2015,
with provisions.

EXISTING LAW:
Under the existing law, there is no requirement for the disclosure of
such intermediaries and their fundraising activities.

JUSTIFICATION:
Currently, bundlers and other intermediaries, who solicit
contributions on behalf of a candidate, are not subject to disclosure
of the amounts they raise, unlike under Federal law. They also are
not required to report who employs them. Given the high campaign
contribution limits in New York, complete disclosure is all the more
important, as the public should have access to information that might
reveal activities and involvements that lend themselves to attempts


to influence legislation. In 2007, New York received a grade of "C"
from the Campaign Disclosure project because of its campaign finance
disclosure laws.

LEGISLATIVE HISTORY: 2009-2010: 5.5565 - Passed
Elections; Referred to Codes.
2011-2012: S. 1559 - Referred to Elections.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This bill is effective on January 1, 2015, with provisions.

S2539-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2539
 2013-2014 Regular Sessions
 I N  SENATE
 January 18, 2013
 
 Introduced  by  Sen. ADDABBO -- 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 contribution activities
 by an intermediary
 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 14-105
 to read as follows:

 

S 14-105.  CONTRIBUTION DELIVERY ACTIVITIES BY AN INTERMEDIARY. 1. FOR
 PURPOSES OF THIS SECTION  "INTERMEDIARY"  MEANS  AN  INDIVIDUAL,  CORPO
 RATION, PARTNERSHIP, POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER
 ENTITY WHICH:

 (A) OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY
 OR  MESSENGER  SERVICE, DELIVERS ANY CONTRIBUTION FROM ANOTHER PERSON OR
 ENTITY TO A CANDIDATE OR AUTHORIZED COMMITTEE; OR
 (B) SOLICITS CONTRIBUTIONS TO A CANDIDATE OR OTHER AUTHORIZED  COMMIT
 TEE  WHERE  SUCH  SOLICITATION  IS KNOWN TO SUCH CANDIDATE OR HIS OR HER
 AUTHORIZED COMMITTEE. FOR  PURPOSES  OF  THIS  PARAGRAPH,  ONLY  PERSONS
 CLEARLY  IDENTIFIED  AS THE SOLICITOR OF A CONTRIBUTION TO THE CANDIDATE
 OR HIS OR HER AUTHORIZED COMMITTEE SHALL BE PRESUMED TO BE KNOWN TO SUCH
 CANDIDATE OR HIS OR HER AUTHORIZED COMMITTEE. "INTERMEDIARY"  SHALL  NOT
 INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS, CHILDREN OR SIBLINGS OF THE
 PERSON  MAKING  SUCH  CONTRIBUTION,  OR  ANY PAID OR VOLUNTEER FULL-TIME
 CAMPAIGN WORKERS OR COMMERCIAL FUNDRAISING FIRMS RETAINED BY THE  CANDI
 DATE AND THE AGENTS THEREOF.
 2. WHEN CONTRIBUTIONS TOTALING ONE THOUSAND DOLLARS OR MORE ARE DELIV
 ERED  BY  THE INTERMEDIARY TO THE RECIPIENT CANDIDATE, AUTHORIZED CANDI
 DATE COMMITTEE OR PARTY COMMITTEE, THE INTERMEDIARY  SHALL  INDICATE  IN
 WRITING  TO  THE  RECIPIENT CANDIDATE, AUTHORIZED CANDIDATE COMMITTEE OR
 PARTY COMMITTEE THE FOLLOWING INFORMATION:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03034-01-3
 
       S. 2539                             2
 (A) THE NAME, MAILING ADDRESS AND OCCUPATION OF EACH  CONTRIBUTOR  WHO
 MAKES  A  CONTRIBUTION  OVER NINETY-NINE DOLLARS, AND THE AMOUNT OF EACH
 CONTRIBUTION, AND FOR EACH CONTRIBUTION OF TWO HUNDRED DOLLARS OR  MORE,
 THE NAME AND ADDRESS OF SUCH CONTRIBUTOR'S EMPLOYER;
 (B) THE TOTAL AGGREGATE AMOUNT OF CONTRIBUTIONS OF NINETY-NINE DOLLARS
 OR LESS; AND
 (C) THE DATE THE CONTRIBUTION WAS RECEIVED BY THE INTERMEDIARY AND THE
 DATE  THE  CONTRIBUTIONS  WERE  DELIVERED  TO  THE  RECIPIENT CANDIDATE,
 AUTHORIZED CANDIDATE COMMITTEE OR PARTY COMMITTEE.
 3. THE RECIPIENT CANDIDATE, AUTHORIZED CANDIDATE  COMMITTEE  OR  PARTY
 COMMITTEE  SHALL REPORT TO THE STATE BOARD OF ELECTIONS THE INTERMEDIARY
 WHO DELIVERS CONTRIBUTIONS TOTALING ONE THOUSAND DOLLARS OR MORE ON  THE
 STATEMENTS REQUIRED BY THIS ARTICLE.
 4.  THE  STATE BOARD OF ELECTIONS SHALL PROVIDE A SECTION FOR INTERME
 DIARY REPORTING AS REQUIRED BY THIS SECTION, WHICH SHALL INCLUDE:

 (A) THE NAME, MAILING ADDRESS, OCCUPATION AND EMPLOYER OF THE INTERME
 DIARY; AND
 (B) THE TOTAL AMOUNT OF CONTRIBUTIONS DELIVERED BY THE INTERMEDIARY TO
 THE CANDIDATE, THE CANDIDATE'S AUTHORIZED COMMITTEE OR A  PARTY  COMMIT
 TEE.
 

S  2.  This act shall take effect January 1, 2015.  Provided, however,
 that contributions legally received prior to the effective date of  this
 act  may  be  retained  and  expended  for lawful purposes and shall not
 provide the basis for a violation of article 14 of the election law,  as
 amended  by  this  act;  and  provided, further, that the state board of
 elections shall notify all candidates and political  committees  of  the
 applicable  provisions  of  this  act  within thirty days after this act
 shall have become a law.

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