Relates to campaign funds for personal use

2 Co-sponsors

• Tony Avella
• Daniel L. Squadron

BILL NUMBER:S2214

Title of bill

An act to amend the election law, in relation to campaign funds for personal use

Purpose

This legislation will more clearly delineate how candidates for elected office can and cannot use their campaign funds, and establish rules for the disposal of excess campaign funds upon the death of a candidate.

Summary of provisions

Section 1 amends section 14-130 of the election law, defining the proper uses of campaign funds and delineating the improper use of campaign funds;

Section 2 adds a new section 14-132 to the election law, delineating when and how political committees must dispose of unused campaign funds upon the death of a candidate or elected official.

Section 3 sets forth the effective date.

Justification

This bill addresses a number of concerns with how campaign funds are expended. Currently, New York's election law, allowing candidates to spend campaign funds for "any lawful purpose," is among the most lax in the nation. While spending campaign funds for personal use is technically prohibited, the lack of any definition for what constitutes a personal use renders the provision meaningless. This shortcoming in the law is striking when compared to the detailed restrictions issued by the Federal Election Commission. And when it is combined with the provision that allows elected officials to retain campaign funds for any use related to the holding of public office, it gives legislators virtual carte blanche for expenditures that are, at best, tangentially related to their campaigns and official duties.

Examples of successful, unsuccessful or former candidates using excess campaign funds fox luxury vehicles, sky boxes, extravagant meals, inter-national travel and home improvements have regularly appeared in newspapers across the state. There is a growing and justifiable public perception that campaign funds are being used to enhance the post election lifestyles of candidates for public office. Such largesse turns the ideal of representatives serving the public on its head.

Campaign donors have a reasonable expectation that their contributions will be used for the candidate's election efforts and the execution of his or her duties. They do not expect their contributions to subsidize personal spending. This legislation addresses these abuses while preserving elected officials' ability to fund the legitimate work of their offices.

By adding a detailed list, both in generalities and specific examples, to the current language, the line as to what can and cannot be done is brightly drawn. In addition to the obvious need to spend campaign

funds on campaigns, the expanded definition makes it clear that expenditures related to holding public office are restricted to those costs that would not otherwise be incurred if an individual was a private citizen.

In addition, the bill sets limits on how long campaign committees can be maintained after the death of a candidate_ Reports of committees continuing years after campaigns were ended are all too common. By setting time limits and also specifying how excess funds can be disbursed, this abuse will be eliminated.

Local fiscal implications

None.

Effective date

This act shall take effect on the 60th day after becoming law.