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Memo

BILL NUMBER:S7432

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.

EXISTING LAW: Candidates authorize campaign committee treasurer.

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: None.

FISCAL IMPLICATIONS: Minimal.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

7432

IN SENATE

May 16, 2012
___________

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 to aid his own nomination or election, or to promote the
success or defeat of a political party, or to aid or influence the nomi-
nation or election or the defeat of any other candidate to be voted  for
at  the  election  or  primary  election  or  at a convention, including
contributions to political committees, officers, members or agents ther-
eof, and transfers, receipts and contributions to him to be used for any
of the purposes above specified, or in lieu thereof, 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 pursu-
ant to this article.  SUCH CANDIDATE MAY DESIGNATE  A  COMMITTEE  OF  NO
LESS  THAN  THREE  PERSONS WHO SHALL BE AUTHORIZED TO APPOINT AND REMOVE
THE TREASURER OF ANY AUTHORIZED COMMITTEE OF THE CANDIDATE.  THE  DESIG-
NATION  OF  THE COMMITTEE SHALL BE EVIDENCED IN A WRITING FILED WITH THE
STATE BOARD OF ELECTIONS BY THE CANDIDATE AUTHORIZING 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15822-01-2