Bill Text: NY A05924 | 2015-2016 | General Assembly | Introduced


Bill Title: Provides for the forfeiture of unspent campaign funds after conviction and resignation of the elected official.

Spectrum: Slight Partisan Bill (Republican 11-5)

Status: (Introduced - Dead) 2016-06-17 - enacting clause stricken [A05924 Detail]

Download: New_York-2015-A05924-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5924
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 9, 2015
                                      ___________
       Introduced  by  M.  of  A.  KAVANAGH,  KOLB,  GALEF, McLAUGHLIN, MILLER,
         FITZPATRICK, MONTESANO, TENNEY --  Multi-Sponsored  by  --  M.  of  A.
         BARCLAY,  BROOK-KRASNY,  CORWIN, FINCH, GOODELL, HAWLEY, MAGEE, McKEV-
         ITT, WRIGHT -- read once and referred to the Committee on Election Law
       AN ACT to amend the election law, in relation to forfeiture  of  unspent
         campaign  funds  after  criminal  conviction  and  resignation  of the
         elected official
         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 14-131
    2  to read as follows:
    3    S 14-131. CONTRIBUTION FUNDS; FORFEITURE AFTER CRIMINAL CONVICTION. 1.
    4  ALL CONTRIBUTIONS RECEIVED BY AN ELECTED CANDIDATE  FOR  PUBLIC  OFFICE,
    5  WHO IS CHARGED WITH A CRIME, SHALL BE SUBJECT TO IMMEDIATE AUDIT AND ANY
    6  UNSPENT  CONTRIBUTIONS  SHALL  BE SUBJECT TO FORFEITURE PROCEEDINGS UPON
    7  CONVICTION OR RESIGNATION OF SUCH ELECTED CANDIDATE.
    8    2. THE ATTORNEY GENERAL, OR DISTRICT ATTORNEY OF  THE  COUNTY  WHEREIN
    9  THE  ELECTION  OCCURRED, SHALL HAVE SUBJECT MATTER JURISDICTION OVER THE
   10  FORFEITURE PROCEEDINGS. TO THE  EXTENT  APPLICABLE,  THE  PROCEDURES  OF
   11  ARTICLE  THIRTEEN-A OF THE CIVIL PRACTICE LAW AND RULES SHALL GOVERN THE
   12  PROCEEDINGS AND ACTIONS UNDER THIS SECTION.
   13    3. THE COMPTROLLER SHALL RECEIVE ANY FORFEITED  UNSPENT  CONTRIBUTIONS
   14  AND  TO  THE EXTENT PRACTICABLE, RETURN SUCH FUNDS TO THE PRIVATE SOURCE
   15  OF SUCH FUNDS. IN THE CASE OF  ANY  UNSPENT  PUBLIC  CONTRIBUTIONS,  THE
   16  UNSPENT  CONTRIBUTIONS  SHALL  BE  RETURNED  TO  THE APPLICABLE ELECTION
   17  CAMPAIGN FINANCE FUND.
   18    2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04417-01-5
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