Sets forth the means of the disposition of campaign funds upon the conviction of a felony of a candidate, former candidate or holder of elective office.
STATE OF NEW YORK
________________________________________________________________________
91--A
2021-2022 Regular Sessions
IN SENATE(Prefiled)
January 6, 2021
___________
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the election law, in relation to the disposition of
campaign funds upon the conviction of a felony of a candidate, former
candidate or holder of elective office
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 14-132 of the election law, as
2 added by section 2 of part C of chapter 286 of the laws of 2016, is
3 amended and a new subdivision 1-a is added to read as follows:
4 1. Upon the death of a candidate, former candidate or holder of elec-
5 tive office, where such candidate or candidate's authorized committee
6 received campaign contributions, all such funds shall be disposed of by
7 any of the following means, or any combination thereof, within two years
8 of the death of such person:
9 (a) returning, pro rata, to each contributor the funds that have not
10 been spent or obligated;
11 (b) donating the funds to a charitable organization or organizations
12 that meet the qualifications of section 501(c)(3) of the Internal Reven-
13 ue Code;
14 (c) donating the funds to the state university of New York or the city
15 university of New York; or
16 (d) donating the funds to the state's general fund[; or
17 (e) contributing or transferring the funds to a candidate, party,
18 constituted or political committee in accordance with the applicable
19 limits, if any, set forth in this article].
20 1-a. Upon the felony conviction of a candidate, former candidate or
21 holder of elective office, where such candidate, candidate's authorized
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00985-02-1
S. 91--A 2
1 committee, or holder of elective office received campaign contributions,
2 any expenditures of such funds shall be prohibited. Such prohibition
3 shall be lifted upon reversal of the conviction and dismissal of the
4 accusatory instrument. If the conviction becomes final, all such funds
5 shall be disposed of by any of the means listed under subdivision one of
6 this section or any combination thereof within two years of the
7 conviction becoming final.
8 § 2. This act shall take effect immediately.