Authorizes a candidate to designate a committee of not less than 3 persons to appoint and remove the treasurer of his or her campaign committee.
Ayes (58): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ritchie, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Absent (3): Adams, Marchione, Sampson
Excused (2): Perkins, Ranzenhofer
TITLE OF BILL: An act to amend the election law, in relation to the appointment and removal of the treasurer of a candidate committee
PURPOSE: Allows candidates to appoint a financial disclosure committee for purpose of appointing a treasurer.
SUMMARY OF PROVISIONS: Amend Election Law to allow candidates for public office to designate a committee of up to three persons to appoint a treasurer to their political committee. This committee may designate the treasurer of such political committee.
JUSTIFICATION: Under current law political committees are controlled by a campaign treasurer appointed by the candidate. There is no provision for a situation where the candidate dies or is incapacitated and still has money in their campaign account. This bill would allow a candidate to appoint up to three persons to serve as a committee to oversee the appointment of the campaign treasurer on behalf of the candidate to ensure the appropriate use of the campaign funds.
LEGISLATIVE HISTORY: 2011-2012 - S.7432/A.10265
FISCAL IMPLICATIONS: Minimal
EFFECTIVE DATE: Immediately
STATE OF NEW YORK ________________________________________________________________________ 2789 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________Introduced by Sen. DeFRANCISCO -- 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 the appointment and removal of the treasurer of a candidate committee THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 14-104 of the election law, as amended by chapter 430 of the laws of 1997, is amended to read as follows: 1. Any candidate for election to public office, or for nomination for public office at a contested primary election or convention, or for election to a party position at a primary election, shall file state- ments sworn, or subscribed and bearing a form notice that false state- ments made therein are punishable as a class A misdemeanor pursuant to section 210.45 of the penal law, at the times prescribed by this article setting forth the particulars specified by section 14-102 of this arti- cle, as to all moneys or other valuable things, paid, given, expended or promised by him OR HER to aid his OR HER own nomination or election, or to promote the success or defeat of a political party, or to aid or influence the nomination or election or the defeat of any other candi- date to be voted for at the election or primary election or at a conven- tion, including contributions to political committees, officers, members or agents thereof, and transfers, receipts and contributions to him OR HER to be used for any of the purposes above specified, or in lieu ther- eof, any such candidate may file such a sworn statement at the first filing period, on a form prescribed by the state board of elections that such candidate has made no such expenditures and does not intend to make any such expenditures, except through a political committee authorized by such candidate pursuant to this article. SUCH CANDIDATE MAY DESIG- NATE A COMMITTEE OF NO LESS THAN THREE PERSONS WHO SHALL BE AUTHORIZED TO APPOINT AND REMOVE THE TREASURER OF ANY AUTHORIZED COMMITTEE OF THEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01685-03-3 S. 2789 2
CANDIDATE. THE DESIGNATION OF THE COMMITTEE SHALL BE EVIDENCED IN A WRITING FILED WITH THE STATE BOARD OF ELECTIONS BY THE CANDIDATE AUTHOR- IZING THE COMMITTEE. A committee authorized by such a candidate may fulfill all of the filing requirements of this act on behalf of such candidate. S 2. This act shall take effect immediately.