STATE OF NEW YORK
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8217
IN SENATE
December 12, 2016
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Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the election law, in relation to enacting the "tax
returns uniformly made public act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "tax returns uniformly made public act".
3 § 2. The election law is amended by adding a new section 6-170 to read
4 as follows:
5 § 6-170. Disclosure of tax returns by candidates for president and
6 vice president. 1. Not later than fifty days before a general election,
7 a candidate for the office of president or vice president, other than a
8 write-in candidate who files a certificate of candidacy with the state
9 board of elections pursuant to section 6-153 of this article, shall:
10 (a) file with the state board of elections a copy of the federal
11 income tax return, as that term is defined in section 6103(b)(1) of the
12 internal revenue code of 1986, of such candidate for at least the five
13 most recent taxable years for which such a return has been filed with
14 the internal revenue service; and
15 (b) provide written consent to the commissioners of the state board of
16 elections, in such form as shall be prescribed by the state board of
17 elections, for the public disclosure of such returns pursuant to subdi-
18 vision two of this section.
19 2. Income tax returns filed with the state board of elections by a
20 candidate for the office of president or vice president pursuant to
21 subdivision one of this section shall be made publicly available on the
22 website of the state board of elections no later than seven days after
23 such income tax returns have been filed, subject to such redaction as
24 may be warranted pursuant to subdivision three of this section.
25 3. Prior to making any income tax return filed pursuant to subdivision
26 one of this section public, the state board of elections shall redact
27 such information as the board, in consultation with the commissioner of
28 taxation and finance or his or her delegate, deems appropriate.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16251-01-6
S. 8217 2
1 4. Notwithstanding any other section of law to the contrary, if a
2 candidate for the office of president or vice president has not timely
3 filed with the state board of elections the income tax returns and writ-
4 ten consent required by subdivision one of this section, the name of
5 such candidate shall not be printed upon the official ballot for the
6 general election.
7 § 3. Section 12-106 of the election law is amended to read as follows:
8 § 12-106. Electoral college; vote of the electors. Immediately after
9 the organization of the electoral college, the electors shall then and
10 there vote by ballot for president and vice president, but no elector
11 shall vote for more than one person who is a resident of this state or
12 for any person subject to the requirements of section 6-170 of this
13 chapter who failed to comply with such requirements. They shall name in
14 separate ballots the persons voted for as president and vice president.
15 They shall make and sign six certificates of all the votes given by
16 them, each of which certificates shall contain two distinct lists, one
17 with the votes for president and one with the votes for vice president.
18 There shall be annexed to each of the certificates one of the lists of
19 electors which shall have been furnished to them by the state board of
20 elections. They shall seal up the certificates so made and certify upon
21 each that the lists of all the votes of this state given for president
22 and vice president are contained therein.
23 § 4. This act shall take effect immediately.
