Relates to candidates' personal liability for violations of municipal law committed in furtherance of campaign activities

The legislation will also clarify that the state and any municipality is entitled to seek the attachment of a lien against the bank accounts of a candidate and/or their authorized campaign committees pursuant to CPLR Article 6201 arising from money judgments issued by an administrative tribunal in relation to violations of state and municipal law.

Summary of provisions

Section 1 of the bill amends the election law by adding a new article 18 entitled "Violations of Municipal Law" that states that a candidate shall be personally liable for the amount of any monetary penalties for the violation of any municipal law or regulation committed by such candidate, any political committee formed by such candidate, or any person acting on behalf of such candidate or political committee, committed in furtherance of campaign activities.

Section 2 of the amends subdivisions 4 and 5 of section 6201 of the civil practice law and adds a new subdivision 6 which clarifies that a municipality may attach a lien to collect money judgments against the candidate's bank account or the bank account of any political committee formed by such candidate.

Section 3 of the bill sets forth an immediate effective date.

Justification

New York State currently imposes personal liability on candidates for elective office for violations of the state Election Law. However, it does not explicitly provide for the same personal liability on candidates for violations of other state or municipal laws or regulations that arise as a direct result of campaign activities.

One area where this arises is when candidates or their political committees violate "posting" laws such as those that exist in the city of New York. New York City Administrative Code § 10-119 prohibits the posting, attaching or affixing of any "handbill, poster, notice, sign, advertisement, sticker or other printed material" upon any public property including trees, lampposts, telephone poles, public utility poles, traffic signs, etc., and imposes up to a $75 fine for every such posting.

Since it is the nature of political campaigns to expend all of their available funds during an election, it is extremely difficult for the state or a municipality to collect upon judgments against a political campaign committee for judgments issued as a result of violations of state or municipal law. While most candidates will take responsibility and pay lawfully imposed fines, there are those that refuse to take responsibility both in their flagrant violation of state or municipal laws and their defiance in refusing to pay subsequent fines for this unlawful conduct.

This legislation is necessary to ensure that candidates for elective office are held responsible not only for their violation of specific state election laws but also for violations of all other state and municipal laws that arise directly as a result of campaign activities.

Given the recent scandals involving elected officials in New York state and local governments, it is imperative that we restore the public's trust in our elected officials. This must start at the very beginning of a candidate's entrance into a race for elective office where they will be held personally accountable for their actions and actions taken on their behalf by their campaign committees.

Prior legislative history

None.

Fiscal implications

None.

Effective date

This legislation shall take effect immediately.