Relates to the disposition of campaign funds raised by an elected official who has been convicted of a crime committed while in public office or has been impeached and has been convicted, or has resigned public office following findings by either the attorney general or a committee of the legislature that the official has violated the law.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4314
SPONSOR: Steck TITLE OF BILL:
An act to amend the election law, in relation to the disposition of
campaign funds raised by an elected official who has been convicted of a
crime committed while in public office or has been impeached and
convicted or has resigned
PURPOSE:
To prevent a candidate who has corrupted their office and has left that
office from utilizing a campaign account to advance political candidates
or a political agenda.
SUMMARY OF PROVISIONS:
Section 1. Section 14-132 of the election law is amended by adding a new
subdivision 1-a to read as follows:
1-a. No elected official who has been convicted of a crime committed
while in public office, or who has been impeached and convicted, or who
resigned his or her public office following findings by either the
attorney general or a committee of the legislature that the official has
violated the law, or after having been impeached, shall expend any
campaign funds raised while he or she held such same public office in
support of any candidate for public office or any issue in any campaign
for public office in this state. Provided, however, that nothing in
this subdivision shall prohibit such former officeholder from raising
and spending money in support of political activities in an account that
did not exist at the time he or she held office, unless barred from
doing so by any sentence for a crime or impeachable offense. Where such
elected official or elected official's authorized committee received
campaign contributions, all such funds shall be disposed of by any of
the following means, or any combination thereof, within two years of a
conviction or resignation:
(a) returning, pro rata, to each contributor the funds that have not
been spent or obligated;
(b) donating the funds to a charitable organization or organizations
that meet the qualifications of section 501(c) (3) of the Internal
Revenue Code;
(c) donating the funds to the state university of New York or the city
university of New York; or
(d) donating the funds to the state's general fund.
§ 2. Subdivision 2 of section 14-132 of the election law, as added by
section 2 of part C of chapter 286 of the laws of 2016, is amended to
read as follows:
2. No authorized political committee (n behalf of a candidate as
described by subdivision one of this section or elected official
described by subdivision one-a of this section shall dispose of campaign
funds by making expenditures for personal use as defined in section
14-130 of this article.
3. Effective date
JUSTIFICATION:
New York State has legislation for the disposition of campaign
funds/accounts after the death of a candidate, but not in the event a
candidate has raised campaign funds for an office they corrupted and
either were forced from or resigned from. Candidates convicted of a
crime committed while in public office, or impeached and convicted, or
who resigned while the subject of a criminal investigation and/or an
impeachment inquiry, should not be able to expend any campaign funds
raised while they held that public office in support of any candidate
for public office or any issue in any campaign for public office in this
state. The campaign funds on hand at the time of such resignation or
conviction were raised because the person held the corrupted office.
This is distinguished from a person's first amendment right to raise
money independently without the benefit of holding public office.
Simply, campaign funds are not personal property and should be subject
to restrictions when the person has corrupted his or her office.
LEGISLATIVE HISTORY:
2021/22: A8371C referred to elections
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Effective immediately.
STATE OF NEW YORK
________________________________________________________________________
4314
2023-2024 Regular Sessions
IN ASSEMBLY
February 14, 2023
___________
Introduced by M. of A. STECK, GONZALEZ-ROJAS, WOERNER -- read once and
referred to the Committee on Election Law
AN ACT to amend the election law, in relation to the disposition of
campaign funds raised by an elected official who has been convicted of
a crime committed while in public office or has been impeached and
convicted or has resigned
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 14-132 of the election law is amended by adding a
2 new subdivision 1-a to read as follows:
3 1-a. No elected official who has been convicted of a crime committed
4 while in public office, or who has been impeached and convicted, or who
5 resigned his or her public office following findings by either the
6 attorney general or a committee of the legislature that the official has
7 violated the law, shall expend any campaign funds raised while he or she
8 held such same public office in support of any candidate for public
9 office or any issue in any campaign for public office in this state.
10 Provided, however, that nothing in this subdivision shall prohibit such
11 former officeholder from raising and spending money in support of poli-
12 tical activities in an account that did not exist at the time he or she
13 held office, unless barred from doing so by any sentence for a crime or
14 impeachable offense. Where such elected official or elected official's
15 authorized committee received campaign contributions, all such funds
16 shall be disposed of by any of the following means, or any combination
17 thereof, within two years of conviction or resignation:
18 (a) returning, pro rata, to each contributor the funds that have not
19 been spent or obligated;
20 (b) donating the funds to a charitable organization or organizations
21 that meet the qualifications of section 501(c)(3) of the Internal Reven-
22 ue Code;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06052-01-3
A. 4314 2
1 (c) donating the funds to the state university of New York or the city
2 university of New York; or
3 (d) donating the funds to the state's general fund.
4 § 2. Subdivision 2 of section 14-132 of the election law, as added by
5 section 2 of part C of chapter 286 of the laws of 2016, is amended to
6 read as follows:
7 2. No [such candidate's] authorized political committee on behalf of a
8 candidate as described by subdivision one of this section or elected
9 official described by subdivision one-a of this section shall dispose of
10 campaign funds by making expenditures for personal use as defined in
11 section 14-130 of this article.
12 § 3. This act shall take effect immediately.
