What's happening
This bill makes political candidates personally liable for municipal law violations during campaigns and allows municipalities to collect related money judgments from candidates’ or their campaign accounts.
Why it matters
Expands candidate accountability. By making candidates personally liable for municipal law violations committed by their campaign, political committee, or campaign staff, this bill raises the stakes for candidates to ensure compliance with local ordinances during campaigns.
Direct financial consequences. Candidates face the risk of having to pay monetary penalties out of their own pockets (or from campaign funds), which could deter sloppy or unethical campaign practices such as illegal signage, noise violations, or improper use of public space.
Empowers municipalities to enforce judgments. The bill specifically authorizes municipalities to collect money judgments by attaching funds from either the candidate’s personal bank account or campaign account, giving local governments a practical tool to recover unpaid fines.
Potential impact on campaign strategy and oversight. Candidates and their committees may need to implement stricter oversight and training for campaign workers and volunteers to avoid violations, potentially increasing campaign costs and administrative burdens but also promoting more lawful conduct.
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Who cares
Headline styles
Candidates Liable for Campaign Violations
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to elections
- Referred to elections
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1552
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Elections
AN ACT to amend the election law and the civil practice law and rules, in relation to candidate liability for violations of municipal laws and enforcement of money judgments
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The election law is amended by adding a new article 18 to read as follows:
ARTICLE 18
VIOLATIONS OF MUNICIPAL LAW Section 18-100. Personal liability for violations of municipal law.
§ 18-100. Personal liability for violations of municipal law. 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.
§ 2. Subdivisions 4 and 5 of section 6201 of the civil practice law and rules, subdivision 4 as added and subdivision 5 as renumbered by chapter 618 of the laws of 1992 and subdivision 5 as amended by chapter 860 of the laws of 1977, are amended and a new subdivision 6 is added to read as follows:
4. the action is brought by the victim or the representative of the victim of a crime, as defined in subdivision six of section six hundred twenty-one of the executive law, against the person or the legal representative or assignee of the person convicted of committing such crime and seeks to recover damages sustained as a result of such crime pursuant to section six hundred thirty-two-a of the executive law; or
5. the cause of action is based on a judgment, decree or order of a court of the United States or of any other court which is entitled to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01000-01-7
S. 1552 2
full faith and credit in this state, or on a judgment which qualifies for recognition under the provisions of article 53[.]; or
6. the action is brought by a municipality against a candidate, as defined by subdivision seven of section 14-100 of the election law, seeking to collect on money judgments issued due to violations of municipal law provided, however, that such attachment may be issued only against the candidate's bank account or the bank account of any political committee formed by such candidate.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the election law and the civil practice law and rules, in relation to candidate liability for violations of municipal laws and enforcement of money judgments
Purpose or general idea of bill
The legislation will ensure that candidates for elective office are held personally responsible for violations and payments of fines for any violations of state or municipal laws or regulations that are committed either directly by a candidate or their political committees as a result of campaign activities. Implementation of this personal liability upon the candidate is similar to the personal liability imposed on candidates pursuant to Section 14-126 for violations of the State Election Law.
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.
Read the full memo (664 words)
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
2015-16: S.5042
Fiscal implications
None
Effective date
This legislation shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.