Allows the board of elections to administratively set standards for the change of mailing address and requires a candidate to provide the board with depository information.
Ayes (62): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Morahan, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Volker, Winner, Young
BILL NUMBER: S6910
TITLE OF BILL :
An act to amend the election law, in relation to the ability of the state board of elections to administratively set standards for the change of mailing address and requiring a candidate to provide such board with depository information
The bill allows the Board to determine how changes to mailing addresses are made to promote administrative efficiency, and requires candidates who are required to file campaign financial activity disclosure reports to provide the name and address of the depository where they maintain the accounts from which they conduct their campaign financial activity.
SUMMARY OF PROVISIONS :
Section 1: Amends Election Law section 14-118, subdivision 1, to provide that any change to the mailing address on a political committee financial statement filed with the state board of elections may be made in any manner the state board deems acceptable.
Section 2: Amends Election Law section 14-118, subdivision 3, to provide that candidates who are required to file statements of campaign receipts and expenditures by or on behalf of a candidate must also file, in the office where those statements are required to be filed, a statement of the name and address of the depository where they maintain the account(s) from which they conduct their own campaign financial activity.
Section 3: Provides for the Act to take effect on the ninetieth day after it becomes law.
EXISTING LAW :
The current law requires changes in registration documents be made in the same manner that the initial document was filed, namely with a subsequent original document.
Committees that file financial activity disclosure reports must maintain a bank account, and disclose to the Board the name and address of the bank, but this is not required of candidates who are required to file financial activity disclosure reports.
As changes to the mailing address are common, the Board believes that allowing changes to be made by other methods (e.g. by telephone, email or fax) would be reliable and make it easier for committee treasurers and the Board. This would also enable the Board to maintain more up to date contact information, and greatly reduce the amount of returned mail, thereby significantly reducing the administrative time and expense necessary to process and correct returned mail.
The amended language regarding candidates providing the name and address of the bank used for campaign financial activity would provide consistency in the treatment of campaign financial activity accounts.
This legislation was requested by the State Board of Elections in its 2010 Election Law Proposals.
LEGISLATIVE HISTORY : None.
FISCAL IMPLICATIONS :
None to the State. Some cost savings are anticipated.
LOCAL FISCAL IMPLICATIONS :
EFFECTIVE DATE : This act shall take effect on the ninetieth day after it becomes law.
STATE OF NEW YORK ________________________________________________________________________ 6910 IN SENATE February 24, 2010 ___________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 the ability of the state board of elections to administratively set standards for the change of mailing address and requiring a candidate to provide such board with depository information THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 14-118 of the election law, as amended by chapter 70 of the laws of 1983, is amended to read as follows: 1. Every political committee shall have a treasurer and a depository, and shall cause the treasurer to keep detailed, bound accounts of all receipts, transfers, loans, liabilities, contributions and expenditures, made by the committee or any of its officers, members or agents acting under its authority or in its behalf. All such accounts shall be retained by a treasurer for a period of five years from the date of the filing of the final statement with respect to the election, primary election or convention to which they pertain. No officer, member or agent of any political committee shall receive any receipt, transfer or contribution, or make any expenditure or incur any liability until the committee shall have chosen a treasurer and depository and filed their names in accordance with this subdivision. There shall be filed in the office in which the committee is required to file its statements under section 14-110 of this article, within five days after the choice of a treasurer and depository, a statement giving the name and address of the treasurer chosen, the name and address of any person authorized to sign checks by such treasurer, the name and address of the depository chosen and the candidate or candidates or ballot proposal or proposals the success or defeat of which the committee is to aid or take part; provided, however, that such statement shall not be required of a constituted committee and provided further that a political committee which makes no expenditures, to aid or take part in the election or defeat of a candidate, other than in the form of contributions, shallEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15925-02-0 S. 6910 2
not be required to list the candidates being supported or opposed by such committee. Such statement shall be signed by the treasurer and all other persons authorized to sign checks. Any change in the information required in any statement shall be reported, in an amended statement filed in the same manner and in the same office as an original statement filed under this section, within two days after it occurs EXCEPT THAT ANY CHANGE TO THE MAILING ADDRESS ON ANY SUCH STATEMENT FILED WITH THE STATE BOARD OF ELECTIONS MAY ALSO BE MADE IN ANY MANNER DEEMED ACCEPTA- BLE BY THE STATE BOARD OF ELECTIONS. Only a banking organization authorized to do business in this state may be designated a depository hereunder. S 2. Subdivision 3 of section 14-118 of the election law, as added by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the laws of 1978, is amended to read as follows: 3. A. Every candidate who receives or expends any money or other valu- able thing or incurs any liability to pay money or its equivalent shall keep and retain detailed, bound accounts as provided in subdivision
[a]ONE of this section. B. EVERY CANDIDATE REQUIRED TO FILE SWORN STATEMENTS PURSUANT TO SUBDIVISION ONE OF SECTION 14-104 OF THIS ARTICLE, OTHER THAN A CANDI- DATE WHO HAS FILED A STATEMENT IN LIEU THEREOF AT OR BEFORE THE FIRST FILING PERIOD AS SET FORTH IN SUCH SUBDIVISION, SHALL FILE, IN THE OFFICE OR OFFICES IN WHICH HE OR SHE IS REQUIRED TO FILE HIS OR HER STATEMENT UNDER SECTION 14-110 OF THIS ARTICLE, ON A FORM PRESCRIBED BY THE STATE BOARD OF ELECTIONS FOR SUCH PURPOSES, A STATEMENT PROVIDING THE NAME AND ADDRESS OF THE DEPOSITORY AT WHICH THEY MAINTAIN THE ACCOUNT OR ACCOUNTS FROM WHICH THEY CONDUCT THEIR OWN CAMPAIGN FINANCIAL ACTIVITY. S 3. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation by the state board of elections necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.