Prohibits recurring campaign donations without affirmative consent; provides that a candidate accepting a recurring contribution shall provide a receipt to the contributor disclosing the terms of the recurring contribution, provide all necessary information to cancel the recurring donation, and immediately cancel the recurring donation upon request.
STATE OF NEW YORK
________________________________________________________________________
2107
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. DINOWITZ, PAULIN, KELLES, MAGNARELLI, ZINERMAN --
read once and referred to the Committee on Election Law
AN ACT to amend the election law, in relation to prohibiting recurring
campaign donations without affirmative consent
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 14-115
2 to read as follows:
3 § 14-115. Recurring contributions. 1. A candidate, committee, not-for-
4 profit entity or for-profit entity shall not solicit or accept a recur-
5 ring contribution from a person unless the candidate, committee, not-
6 for-profit entity or for-profit entity receives the affirmative consent
7 of the person to make a recurring contribution at the time of the
8 initial contribution. Passive action by the contributor, such as fail-
9 ing to uncheck a pre-checked box authorizing a recurring contribution,
10 shall not meet the requirement of affirmative consent under this
11 section.
12 2. A candidate, committee, not-for-profit entity or for-profit entity
13 that accepts a recurring contribution described in subdivision one shall
14 do all of the following:
15 a. provide a receipt to the contributor that clearly and conspicuously
16 discloses all terms of the recurring contribution within three days of
17 receipt of the initial contribution or each recurring contribution;
18 b. provide all necessary information to cancel the recurring contrib-
19 ution in each communication with the contributor that concerns the
20 contribution; and
21 c. immediately cancel a recurring contribution upon request of the
22 contributor.
23 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01336-01-3
