What's happening
This bill makes it a class D felony to solicit unlawful campaign contributions to county or town committees and expands the legal definition of "transaction" to include such acts.
Why it matters
Targets a new type of campaign finance violation. By criminalizing the solicitation of unlawful contributions to county or town committees, the bill addresses a common workaround where donors attempt to skirt candidate-specific donation limits by funneling money through local party committees.
Elevates legal consequences. Classifying such solicitation as a class D felony significantly increases the potential penalties (including possible prison time), signaling the state’s intent to more aggressively deter and punish campaign finance abuses at the local level.
Expands the scope of financial crime investigations. By broadening the legal definition of "transaction" in the penal code to explicitly include violations of this election law, the bill makes it easier for law enforcement to prosecute and investigate campaign finance violations under existing anti-money laundering and financial crime statutes.
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Who cares
Campaign fundraisers and political operatives
Those acting for public officers, candidates or political committees would face a class D felony for soliciting county or town committee contributions to benefit a candidate when a direct contribution of that amount would be unlawful.
County and town political committees
The bill would target solicitations that use their committees to benefit candidates who could not lawfully receive the same amount directly.
Prosecutors
The bill would create a new felony and expand the penal law’s money-laundering definition of “transaction” to include any act prohibited by Election Law section 14-126.
Headline styles
Ban Illegal Campaign Donations
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
2 Multi-sponsors
History
- Referred to election law
- Referred to election law
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Illegal Campaign Donations
In Senate Committee · Rules · Sponsor Terrence P. Murphy
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5829
2017-2018 Regular Sessions
IN ASSEMBLY
February 16, 2017
Introduced by M. of A. BYRNE -- read once and referred to the Committee on Election Law
AN ACT to amend the election law and the penal law, in relation to penalties for unlawful campaign contributions to county or town committees
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 14-126 of the election law is amended by adding a new subdivision 7 to read as follows:
7. Any person, acting on behalf of a public officer, candidate or any authorized or unauthorized political committee, who solicits a contribution to a county or town committee for the benefit of a candidate to whom a direct contribution of such amount is unlawful, shall be guilty of a class D felony.
§ 2. Subdivision 3 of section 470.00 of the penal law, as amended by chapter 489 of the laws of 2000, is amended to read as follows:
3. "Transaction" includes a payment, purchase, sale, loan, pledge, gift, transfer, or delivery, and with respect to a financial institution includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, use of a safe deposit box, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected, or any act prohibited by section 14-126 of the election law, except that "transaction" shall not include payments to attorneys for legal services.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02325-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.