Bill Text: NY A04493 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires the disclosure of tax returns by candidates for president and vice president.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-01-08 - referred to election law [A04493 Detail]

Download: New_York-2019-A04493-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4493
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        Introduced  by  M. of A. FAHY -- read once and referred to the Committee
          on Election Law
        AN ACT to amend the election law, in relation to requiring  the  disclo-
          sure of tax returns by candidates for president and vice president
          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  6-170
     2  to read as follows:
     3    §  6-170.  Disclosure  of  tax returns by candidates for president and
     4  vice president. 1. Not later than fifty days before a general  election,
     5  a  candidate for the office of president or vice president, other than a
     6  write-in candidate who files a certificate of candidacy with  the  state
     7  board of elections pursuant to section 6-153 of this article, shall:
     8    (a)  file  with  the  state  board  of elections a copy of the federal
     9  income tax return, as that term is defined in section 6103(b)(1) of  the
    10  internal  revenue  code of 1986, of such candidate for at least the five
    11  most recent taxable years for which such a return has  been  filed  with
    12  the internal revenue service; and
    13    (b) provide written consent to the commissioners of the state board of
    14  elections,  in  such  form  as shall be prescribed by the state board of
    15  elections, for the public disclosure of such returns pursuant to  subdi-
    16  vision two of this section.
    17    2.  Income  tax  returns  filed with the state board of elections by a
    18  candidate for the office of president  or  vice  president  pursuant  to
    19  subdivision  one of this section shall be made publicly available on the
    20  website of the state board of elections no later than seven  days  after
    21  such  income  tax  returns have been filed, subject to such redaction as
    22  may be warranted pursuant to subdivision three of this section.
    23    3. Prior to making any income tax return filed pursuant to subdivision
    24  one of this section public, the state board of  elections  shall  redact
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01002-02-9
        A. 4493                             2
     1  such  information as the board, in consultation with the commissioner of
     2  taxation and finance or his or her delegate, deems appropriate.
     3    4.  Notwithstanding  any  other  section  of law to the contrary, if a
     4  candidate for the office of president or vice president has  not  timely
     5  filed with the state board of elections the income tax returns and writ-
     6  ten  consent  required  by  subdivision one of this section, the name of
     7  such candidate shall not be printed upon the  official  ballot  for  the
     8  general election.
     9    § 2. Section 12-106 of the election law is amended to read as follows:
    10    §  12-106.  Electoral college; vote of the electors. Immediately after
    11  the organization of the electoral college, the electors shall  then  and
    12  there  vote  by  ballot for president and vice president, but no elector
    13  shall vote for more than one person who is a resident of this  state  or
    14  for  any  person  subject  to  the requirements of section 6-170 of this
    15  chapter who failed to comply with such requirements. They shall name  in
    16  separate  ballots the persons voted for as president and vice president.
    17  They shall make and sign six certificates of  all  the  votes  given  by
    18  them,  each  of which certificates shall contain two distinct lists, one
    19  with the votes for president and one with the votes for vice  president.
    20  There  shall  be annexed to each of the certificates one of the lists of
    21  electors which shall have been furnished to them by the state  board  of
    22  elections.  They shall seal up the certificates so made and certify upon
    23  each that the lists of all the votes of this state given  for  president
    24  and vice president are contained therein.
    25    § 3. This act shall take effect immediately.