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