What's happening
This bill makes it a class D felony to solicit unlawful campaign contributions to county or town committees for certain candidates, and expands the definition of "transaction" in the penal law to include such acts.
Why it matters
Targets loopholes in campaign finance laws. by making it a felony to solicit contributions to county or town committees that are actually intended to benefit a candidate who cannot legally receive those contributions directly. This addresses the practice of routing illegal donations through committees as a workaround.
Increases criminal liability for campaign finance violations,. elevating the seriousness of offenses from possible civil or misdemeanor penalties to a class D felony. This could serve as a stronger deterrent for those considering circumventing contribution limits.
Broadens the definition of "transaction" in criminal law. to explicitly include unlawful campaign contribution acts, potentially making it easier for prosecutors to pursue money laundering or related charges tied to illegal political fundraising activities.
May impact political fundraising strategies. for candidates and committees, requiring greater scrutiny and compliance to avoid severe criminal consequences for both individuals soliciting contributions and organizations handling campaign funds.
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Who cares
Campaign fundraisers and political operatives
Those acting on behalf of public officers, candidates or political committees would face a class D felony for soliciting contributions through county or town committees to benefit a candidate when a direct contribution of that amount would be unlawful.
County and town political committees
The bill targets solicitations that use these committees to channel contributions for a candidate’s benefit when direct contributions of the same amount would be unlawful.
Prosecutors
The bill would create a new election-law felony and expand the penal law’s definition of a money-laundering “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
Senator · Senate District 40
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.884
- Referred to elections
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.315
- Referred to elections
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 Assembly Committee · Election Law · Sponsor Kevin M. Byrne
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2097
2017-2018 Regular Sessions
IN SENATE
January 12, 2017
Introduced by Sens. MURPHY, AKSHAR, CROCI, FUNKE, ROBACH, SERINO -- 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 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.
Sponsor's memo
Title of bill
An act to amend the election law and the penal law, in relation to penalties for unlawful campaign contributions to county or town committees
Purpose
To enhance penalties for certain solicitations of political contributions for unlawful purposes.
Summary of provisions
Section one adds a new subdivision 7 to section 14-126 of the election law to make punishable as a class D felony any person 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.
Section two amends subdivision 3 of section 470.00 of the penal law to include this conduct in the definition of "transaction" under the penal code definition of money laundering.
Justification
It is unlawful to contribute money to a county or town committee for the benefit of a specific candidate to whom one can't donate money directly, and it is further unlawful to attempt to hide the identity of a donor. This legislation will further criminalize this egregious behavior by punishing with a class D felony those individuals who solicit and direct these unlawful contributions in violation of contribution limits in the election law. Any "straw" contributions directed in this manner will also qualify as money laundering pursuant to this legislation.
In numerous Senate races in 2014, it has been reported that political operatives solicited campaign contributions and sought to circumvent existing contribution limits by directing donors to send funds to county committees in races where outside elected officials were attempting to affect the outcome. These funds could not legally be given to the candidates themselves, so the donors were directed to give them money to the county committees, who can legally transfer unlimited amounts of money to individual candidates, hiding the true source of the donations, and in a clear attempt to evade the limits. Enhancing the penalty for this conduct to a class D felony will further punish and deter individuals from attempting to circumvent legal contributions limits in this manner.
Legislative history
2016: S.7381 - advanced to third reading, Cal. 736
Fiscal implications
There are no costs to the state or localities.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.