Regulates political contribution activities by intermediaries; requires that when contributions made by an intermediary to a candidate or a committee are over $1,000, the name, occupation and address of each contributor shall be disclosed.
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.
STATE OF NEW YORK ________________________________________________________________________ 2539 2013-2014 Regular Sessions IN 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.