STATE OF NEW YORK ________________________________________________________________________ 4233 2017-2018 Regular Sessions IN SENATE February 6, 2017 ___________ Introduced by Sens. KRUEGER, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Elections AN ACT to amend the election law, in relation to disposition of campaign funds 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 14-134 2 to read as follows: 3 § 14-134. Disposition of campaign funds. 1. A candidate making their 4 own disclosures without an authorized political committee or the treas- 5 urer of a candidate's authorized political committee shall dispose of 6 all funds and terminate their filing obligation with the applicable 7 board of elections within four years after the later of (a) the end of 8 the candidate's most recent term of office, (b) the date of the election 9 in which the candidate last appeared on the ballot, or (c) the date of 10 the election in which the candidate last filed to seek political office. 11 2. Any such candidate or such candidate's authorized political commit- 12 tee required to dispose of funds pursuant to this section shall, at the 13 option of the candidate or the treasurer of such committee, dispose of 14 such funds by any of the following means, or any combination thereof: 15 (a) returning, pro rata, to each contributor the funds that have not 16 been spent or obligated; 17 (b) donating the funds to a charitable organization or organizations 18 that meet the qualifications of section 501(c)(3) of the Internal Reven- 19 ue Code; 20 (c) donating the funds to the state university of New York or the city 21 university of New York; 22 (d) donating the funds to the state's general fund; 23 (e) contributing the funds to a candidate, party, constituted or poli- 24 tical committee in accordance with the limits set forth in section 25 14-114 of this article. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05170-01-7

S. 4233 2 1 3. No such candidate or such candidate's authorized political commit- 2 tee shall dispose of campaign funds by making expenditures for personal 3 use as defined in section 14-130 of this article. 4 4. Upon the death of a candidate, former candidate or holder of elec- 5 tive office, who received campaign contributions, all funds shall be 6 disposed of according to this section within twelve months of the death 7 of such person. 8 5. Notwithstanding any inconsistent provision of this section, a 9 candidate making their own disclosures without an authorized political 10 committee or the treasurer of a candidate's authorized political commit- 11 tee shall dispose of all funds and terminate their filing obligation 12 with the applicable board of elections within twelve months after final 13 state or federal court affirmance of any felony conviction and sentence 14 of such candidate on direct review or the expiration of the time for 15 seeking such review, provided, however, that funds may only be disposed 16 of in accordance with paragraph (a), (b), (c) or (d) of subdivision two 17 of this section. 18 6. If funds are not disposed of within the time required by this 19 section, such funds shall be recoverable by the chief enforcement coun- 20 sel of the state board of elections in a special proceeding in state 21 supreme court in the manner prescribed by section 16-116 of this chapter 22 and deposited into the state's general fund. 23 § 2. This act shall take effect July 1, 2018, provided, however, that 24 where the applicable time frame for disposing of funds established by 25 section 14-134 of the election law as added by section one of this act 26 has elapsed on such effective date, a candidate making their own disclo- 27 sures without an authorized political committee or the treasurer of a 28 candidate's authorized political committee shall dispose of all funds 29 and terminate their filing obligation with the applicable board of 30 elections within 12 months of such effective date.

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