Bill Text: NY A01340 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to special restrictions on campaign contributions for district attorney candidates; requires such candidates to disclose to the board of elections the acceptance of campaign contributions from any law firm that represents defendants in criminal proceedings in any court in the state or from any licensed attorney employed by such law firm.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-01-08 - referred to election law [A01340 Detail]

Download: New_York-2019-A01340-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1340
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2019
                                       ___________
        Introduced  by  M.  of  A.  QUART,  KIM -- read once and referred to the
          Committee on Election Law
        AN ACT to amend the election law, in relation to special restrictions on
          campaign contributions for district attorney candidates
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  election  law  is  amended  by  adding a new section
     2  14-114-a to read as follows:
     3    § 14-114-a. Special restrictions for district attorney candidates.  1.
     4  The  state board of elections shall require that candidates for district
     5  attorney shall disclose to the board the acceptance of campaign contrib-
     6  utions  from  any  law  firm  that  represents  defendants  in  criminal
     7  proceedings  in  any court in the state of New York or from any licensed
     8  attorney employed by such law firm.  The  board  shall  promulgate  such
     9  rules as it deems necessary to implement and administer this section and
    10  shall  provide  that  information  regarding such contributions shall be
    11  accessible to the public.
    12    2. The term "legal dealings" means the  legal  representation  of  any
    13  individual  or  corporate  entity  in  any  criminal  proceeding brought
    14  against that individual or corporate entity by any  district  attorney's
    15  office in the state of New York.
    16    3.  The  term  "legal dealings database" means a computerized database
    17  accessible to the board that contains the names of those who have  legal
    18  dealings  with  any  district  attorney  in the state, including any law
    19  firm, partnership or corporate entity  that  represents  individuals  or
    20  corporate  entities in any criminal proceeding in any court in the state
    21  of New York; any licensed attorneys employed by or affiliated with  such
    22  a law firm, partnership or corporate entity; any person serving as chief
    23  executive  officer,  chief financial officer, chief operating officer or
    24  persons serving in an equivalent capacity at such a law  firm,  partner-
    25  ship  or  corporate  entity;  any person serving as an equity partner at
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01429-01-9

        A. 1340                             2
     1  such a law firm, partnership or corporate entity; and any person with an
     2  ownership interest in such a law firm, partnership or corporate  entity.
     3  Such  database  shall  be developed, maintained and updated by the state
     4  board  of  elections in a manner so as to ensure its reasonable accuracy
     5  and completeness; provided, however, that in no event shall  such  data-
     6  base  be  updated  less  frequently than once a month. Such computerized
     7  database shall contain a function to enable members  of  the  public  to
     8  determine if a person is in the database due to such person having legal
     9  dealings  with  a  district attorney and shall provide a date as to when
    10  such person is considered to have begun having  legal  dealings  with  a
    11  district attorney pursuant to subdivision two of this section.
    12    4. A person shall be considered to have legal dealings with a district
    13  attorney as of the date the person's name is entered in the "legal deal-
    14  ings  database", as such date is indicated in such database, or the date
    15  the person began having legal dealings with the  district  attorney,  as
    16  such date is indicated in the database, whichever is earlier.
    17    5. A candidate for district attorney or his or her principal committee
    18  may  not  accept,  either  directly  or by transfer, any contribution or
    19  contributions for a covered election in which he or she is a participat-
    20  ing candidate from a person or entity who  has  legal  dealings  with  a
    21  district  attorney's  office, as such term is defined in subdivision two
    22  of this section, if the aggregate of such contributions to  such  candi-
    23  date  from  such  person  for all covered elections in the same calendar
    24  year exceeds three hundred twenty dollars. Notwithstanding any provision
    25  of this subdivision, the limitations on contributions  contained  herein
    26  shall  not  apply  to  any contribution made by a natural person who has
    27  legal dealings with a district attorney to a participating candidate  or
    28  his or her principal committee where such participating candidate is the
    29  contributor,  or where such participating candidate is the contributor's
    30  parent, spouse, domestic  partner,  sibling,  child,  grandchild,  aunt,
    31  uncle, cousin, niece or nephew by blood or by marriage.
    32    6. Each district attorney candidate and his or her principal committee
    33  shall  report to the board every contribution, loan, guarantee, or other
    34  security for such loan received by the candidate and such committee, the
    35  full  name,  residential  address,  occupation,  employer  and  business
    36  address  of  each contributor, lender, guarantor or provider of security
    37  and of each person or entity which is the intermediary for such contrib-
    38  ution, loan, guarantee, or other  security  for  such  loan.  Disclosure
    39  reports  shall  be submitted at such times and in such form as the board
    40  shall require and shall be clearly legible.
    41    § 2. This act shall take effect immediately.
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