Broadens requirements with respect to campaign disclosure statements to require expenditures of $5,000 or more incurred in the final 10 days of an election to be reported within 24 hours to the Board of Elections and requires such statements to be filed in person or sent by express mail; also requires that all filings made during the final 15 day period prior to an election should be filed in person or sent by express mail.
TITLE OF BILL: An act to amend the election law, in relation to the manner of filing of campaign financial disclosure statements
PURPOSE: To require that last-minute campaign expenditures in excess of $5,000, be disclosed to the Board of Elections within 24 hours. This bill would also require any statements that are required to be filed in the final 15 days preceding an election day to be done so in person or by express mail.
SUMMARY OF PROVISIONS: The bill amends Section 14-108 subdivision 2 to require that all candidates and campaign committees report campaign expenditures or liabilities in excess of $5,000 incurred in the final 10 days preceding an election, to the Board of Elections within 24 hours. Under current law, only contributions in excess of $1,000 are subject to a 24 hour reporting requirement in the final 10 days preceding an election. The bill also amends Section 14-108 subdivision 6 to require that all campaign financial disclosure filings made during the final 15 day period prior to an election, be filed in person or by express mail to assure prompt delivery and dissemination. Currently, such filings are allowed to be made by first class mail.
JUSTIFICATION: Current state regulations require the final pre-election campaign financial disclosure statement to be filed 11 days prior to election day (9 NYCRR Sec. 6200.2). However, many candidates file their statements using first-class mail and deem it filed when it is postmarked. Depending on where the candidates are filing from, the statement can take one or more days to reach the State Board of Elections in Albany. While the statement makes its way through the mail, important contributor and campaign expenditure information is unavailable to the public. This bill would ensure prompt public disclosure and access to this important campaign fund information.
LEGISLATIVE HISTORY: 2009-2010: S.472/A.504 Remained in the Senate Committee on Elections/Assembly Committee on Election Law 2007-2008: S.735 Remained in the Senate Committee on Elections 2005-2006: S.219 Remained in the Senate Committee on Elections 2003-2004: S.3261 Remained in the Senate Committee on Elections
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 588 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. BRESLIN, ADAMS, DUANE, KRUEGER, SAMPSON, STAVISKY -- 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 manner of filing of campaign financial disclosure statements THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 14-108 of the election law, as amended by chapter 109 of the laws of 1997, is amended to read as follows: 2. Each statement shall cover the period up to and including the fourth day next preceding the day specified for the filing thereof; provided, however, that any contribution or loan in excess of one thou- sand dollars OR ANY LIABILITY INCURRED IN EXCESS OF FIVE THOUSAND DOLLARS, if received OR INCURRED after the close of the period to be covered in the last statement filed before any primary, general or special election but before such election, shall be reported, in the same manner as other contributions, within twenty-four hours after receipt. S 2. Subdivision 6 of section 14-108 of the election law, as amended by chapter 323 of the laws of 1977 and as redesignated by chapter 9 of the laws of 1978, is amended to read as follows: 6. A statement shall be deemed properly filed when deposited in an established post-office within the prescribed time, duly stamped, certi- fied and directed to the officer with whom or to the board with which the statement is required to be filed, but in the event it is not received, a duplicate of such statement shall be promptly filed upon notice by such officer or such board of its non-receipt. ALL STATEMENTS REQUIRED TO BE FILED IN THE FIFTEEN DAYS BEFORE ANY ELECTION SHALL BE FILED IN PERSON OR SENT BY EXPRESS MAIL. S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00049-01-1