STATE OF NEW YORK
________________________________________________________________________
5924
2015-2016 Regular Sessions
IN ASSEMBLY
March 9, 2015
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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 § 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
