S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3113
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by Sens. KRUEGER, SERRANO -- 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  increasing  penalties
   for certain violations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 14-126 of the election law, as amended by section 6
 of subpart C of part H of chapter 55 of the laws of 2014, subdivision  1
 as  separately amended by section 1 of subpart B of part H of chapter 55
 of the laws of 2014, subdivision 3 as amended by chapter 87 of the  laws
 of  2020, subdivision 7 as added by section 12 of part JJJ of chapter 59
 of the laws of 2018, and subdivision 3-a as added by section 11 of  part
 A of chapter 286 of the laws of 2016, is amended to read as follows:
   § 14-126. Violations; penalties. 1. (a) Any person who fails to file a
 statement  required  to  be  filed by this article shall be subject to a
 civil penalty, not in excess of one thousand dollars, to be  recoverable
 in  a  special  proceeding  or  civil  action to be brought by the chief
 enforcement counsel pursuant to section  16-114  of  this  chapter.  Any
 person  who,  three or more times within a given election cycle for such
 term of office, fails to file a statement or statements required  to  be
 filed  by  this  article,  shall  be  subject to a civil penalty, not in
 excess of ten thousand dollars, to be recoverable  as  provided  for  in
 this subdivision.
   (b)  All payments received by the state board of elections pursuant to
 this section shall be retained in the appropriate accounts as designated
 by the division of the budget for enforcement activities by the board of
 elections.
   2. Any person who, acting as or on behalf of a candidate or  political
 committee,  under  circumstances evincing an intent to violate such law,
 unlawfully accepts a contribution in excess of a contribution limitation
 established in this article, shall be required  to  refund  such  excess
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07220-01-1

 S. 3113                             2
 
 amount  and  shall  be  subject  to  a civil penalty equal to the excess
 amount plus a fine of up to ten thousand dollars, to be recoverable in a
 special proceeding or civil action to be brought by the state  board  of
 elections chief enforcement counsel.
   3.  Any  person  who falsely identifies or knowingly fails to identify
 any independent expenditure as required by subdivision  two  of  section
 14-107  of  this  article  or any political communication as required in
 section 14-106 of this article shall be subject to a civil penalty up to
 one thousand dollars or up to the cost of the  communication,  whichever
 is greater, in a special proceeding or civil action brought by the state
 board  of  elections chief enforcement counsel pursuant to paragraph (a)
 of subdivision five of section 3-104 of this chapter.  For  purposes  of
 this  subdivision,  the  term  "person"  shall  mean  a person, group of
 persons, corporation, unincorporated business entity, labor organization
 or business, trade or professional association or organization or  poli-
 tical committee.
   [3-a. Any person who, acting as or on behalf of an independent expend-
 iture committee or a political action committee, knowingly and willfully
 violates  the  provisions  of  section 14-107-a of this article shall be
 subject to a civil penalty, up to one thousand dollars or up to the cost
 of the communication, whichever is  greater,  to  be  recoverable  in  a
 special  proceeding  or civil action to be brought by the state board of
 elections.]
   4. ANY PERSON WHO, ACTING AS OR ON BEHALF OF A CANDIDATE OR  POLITICAL
 COMMITTEE,  UNDER  CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE SUCH LAW,
 UNLAWFULLY (A) EXPENDS CAMPAIGN FUNDS FOR A PERSONAL USE IN VIOLATION OF
 THIS ARTICLE, OR (B) CONDUCTS ACTIVITIES  PROHIBITED  BY  THIS  ARTICLE,
 SHALL  BE  SUBJECT  TO  A  CIVIL  PENALTY, NOT IN EXCESS OF TEN THOUSAND
 DOLLARS, TO BE RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL ACTION TO BE
 BROUGHT BY THE STATE BOARD OF ELECTIONS.
   5. Any person who knowingly and willfully fails to  file  a  statement
 required  to  be  filed  by  this article within ten days after the date
 provided for filing such statement or any person who knowingly and will-
 fully violates any other provision of this article shall be guilty of  a
 misdemeanor.
   [5.] 6. Any person who knowingly and willfully contributes, accepts or
 aids  or  participates  in the acceptance of a contribution in an amount
 exceeding an applicable maximum specified in this article shall be guil-
 ty of a class A misdemeanor.
   [6.] 7. Any person who shall, acting on behalf of a candidate or poli-
 tical committee, knowingly and willfully solicit, organize or coordinate
 the formation of activities of one or more unauthorized committees, make
 expenditures in connection with the nomination for election or  election
 of  any  candidate, or solicit any person to make any such expenditures,
 for the purpose of evading the contribution limitations of this article,
 shall be guilty of a class E felony.
   8. ANY PERSON WHO, UNDER CIRCUMSTANCES EVINCING AN INTENT  TO  VIOLATE
 THIS  ARTICLE, ESTABLISHES A PARTNERSHIP FOR THE SOLE PURPOSE OF EVADING
 THE CONTRIBUTION LIMITS THAT WOULD OTHERWISE APPLY TO THAT INDIVIDUAL IN
 VIOLATION OF SUBDIVISION TWO OF SECTION 14-120 OF THIS  TITLE  SHALL  BE
 SUBJECT  TO A CIVIL PENALTY EQUAL TO TWO TIMES THE AMOUNT CONTRIBUTED BY
 THE PARTNERSHIP IN EXCESS OF THE CONTRIBUTION LIMITS THAT  WOULD  OTHER-
 WISE APPLY TO THAT INDIVIDUAL PLUS A FINE OF UP TO TEN THOUSAND DOLLARS,
 TO  BE RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT
 BY THE STATE BOARD OF ELECTIONS.

 S. 3113                             3
 
   9. ANY PERSON WHO, UNDER CIRCUMSTANCES EVINCING AN INTENT  TO  VIOLATE
 THIS  ARTICLE,  ESTABLISHES  A  LIMITED  LIABILITY  COMPANY FOR THE SOLE
 PURPOSE OF EVADING THE CONTRIBUTION LIMITS THAT WOULD OTHERWISE APPLY TO
 THAT INDIVIDUAL IN VIOLATION OF SECTION 14-120 OF THIS  TITLE  SHALL  BE
 SUBJECT  TO A CIVIL PENALTY EQUAL TO TWO TIMES THE AMOUNT CONTRIBUTED BY
 THE LIMITED LIABILITY COMPANY IN EXCESS OF THE CONTRIBUTION LIMITS  THAT
 WOULD  OTHERWISE APPLY TO THAT INDIVIDUAL PLUS A FINE OF UP TO TEN THOU-
 SAND DOLLARS, TO BE RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL  ACTION
 TO BE BROUGHT BY THE STATE BOARD OF ELECTIONS.
   [7.]  10.  Any  online platform that fails to comply with the require-
 ments of section 14-107-b of this article shall be subject  to  a  civil
 penalty  up  to  one  thousand  dollars  for each violation in a special
 proceeding or civil action brought by the state board of elections chief
 enforcement counsel pursuant to paragraph (a)  of  subdivision  five  of
 section 3-104 of this chapter.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.