Requires certain candidates to file a statement attesting to the veracity of statements regarding the candidate's educational history, and service, employment and residency record; provides for the filing of amended statements; provides penalties.
STATE OF NEW YORK
________________________________________________________________________
2138
2025-2026 Regular Sessions
IN SENATE
January 15, 2025
___________
Introduced by Sens. LIU, BAILEY, COMRIE, SKOUFIS -- read twice and
ordered printed, and when printed to be committed to the Committee on
Elections
AN ACT to amend the election law, in relation to requiring certain
candidates to file a statement attesting to the veracity of statements
regarding the candidate's educational history, and service, employment
and residency record
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. Veracity of statements of candidates. 1. Fifteen days after
4 the filing of a certificate of acceptance, certificate to fill a vacan-
5 cy, a petition for an opportunity to ballot by a candidate pursuant to
6 section 6-158 of this article, the filing of a designating petition
7 pursuant to section 6-132 of this article, or the filing of an independ-
8 ent nominating petition pursuant to section 6-140 of this article, each
9 candidate shall submit a sworn statement including the following infor-
10 mation:
11 (a) military service record, if any, including dates of enlistment and
12 discharge and appointments;
13 (b) employment history, if any, for the previous five years;
14 (c) current residential address;
15 (d) an attestation by the candidate that the candidate meets the resi-
16 dency requirements of the office that they seek; and
17 (e) educational history, including high schools, colleges or universi-
18 ties attended, dates of attendance and year of graduation and degrees
19 received if any, or employment history not otherwise disclosed pursuant
20 to paragraph (b) of this subdivision, that the candidate voluntarily
21 represents on their website, in their campaign literature or verbally
22 during the course of their campaign.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05987-01-5
S. 2138 2
1 In the event that the fifteenth day after the filing of a certificate
2 of acceptance, certificate to fill a vacancy, a petition for an opportu-
3 nity to ballot by a candidate pursuant to section 6-158 of this article,
4 the filing of a designating petition pursuant to section 6-132 of this
5 article, or the filing of an independent nominating petition pursuant to
6 section 6-140 of this article occurs on a weekend or state or federal
7 holiday, the filing shall be due on the next succeeding business day.
8 Such statement shall be attested to by the candidate under penalty of
9 perjury, notarized and filed with the board of elections where the
10 certificate of acceptance, certificate to fill a vacancy, petition for
11 an opportunity to ballot, designating petition filed pursuant to section
12 6-132 of this article, or independent nominating petition filed pursuant
13 to section 6-140 of this article was filed. Such statement shall be
14 amended, as needed, upon the making of additional representations by the
15 candidate during the course of the campaign. Such amendments shall be
16 filed with the applicable board of elections that the candidate filed
17 their original statement with on the date that the next statement of
18 campaign receipt and expenditure is filed pursuant to the schedule
19 promulgated by the state board of elections. Such amended statement
20 shall be attested to by the candidate under penalty of perjury and nota-
21 rized in the same manner as the original statement. Failure to file an
22 amended statement shall constitute a further attestation by the candi-
23 date that the original statement remains true, complete and correct.
24 2. Within five business days of the filing of any statement or amended
25 statement by a candidate pursuant to this section, the applicable board
26 of elections which has received the statement or amended statement,
27 shall post the statements required by this section on its website. If
28 the candidate statement required by this section has not been received,
29 the applicable board of elections shall notify the candidates who have
30 failed to provide the required statement that they are required to
31 comply with the requirements of this section and shall individually
32 identify each candidate for whom a certificate of acceptance, certif-
33 icate to fill a vacancy, petition for an opportunity to ballot, desig-
34 nating petition or independent nominating petition has been received,
35 but who has failed to provide the statement required by this section on
36 the applicable board of elections website along with the completed
37 statements that it has received from other candidates.
38 3. Failure to file the statement, or an amended statement, required by
39 this section within five business days of the applicable filing period
40 deadline of any designating petition carries an initial civil penalty
41 not to exceed one thousand dollars, with additional penalties accruing
42 at twenty-five dollars for each day the statement is more than ten busi-
43 ness days overdue, up to a maximum additional penalty of one thousand
44 dollars. Penalties imposed by the board of elections for violations of
45 the reporting requirement set forth in this section shall be paid by the
46 candidate failing to file the required disclosure. Such penalty levied
47 by the board of elections shall not be paid from contributions or funds
48 available in a campaign account.
49 4. For purposes of this section, the following terms shall have the
50 following meanings:
51 a. "military service record" means military service of the state or
52 military service of the United States, as defined in section one of the
53 military law, service as a member of military reserves, and military
54 service for any other country or territory or subdivision thereof, the
55 number of years served by the candidate, the year the candidate finished
S. 2138 3
1 their military service and the rank with which the candidate left mili-
2 tary service with;
3 b. "employment history" means information including whether the candi-
4 date was an employee or subcontractor, the name of the employer, the
5 title of the position held, and dates of employment.
6 § 2. This act shall take effect on the ninetieth day after it shall
7 have become a law. Effective immediately, the addition, amendment and/or
8 repeal of any rule or regulation necessary for the implementation of
9 this act on its effective date are authorized to be made and completed
10 on or before such effective date.
