What's happening
This bill prohibits the use of campaign funds to pay attorney's fees for federal criminal indictments, allowing them only for certain civil actions.
Why it matters
Limits personal legal protection from campaign coffers. This bill bans politicians and candidates from using campaign donations to pay for their own legal defense in federal criminal cases, meaning they must rely on personal funds or other sources if indicted. This raises the stakes for officeholders facing serious criminal charges.
Narrows the permissible use of campaign funds. Campaign money can only be used for attorney’s fees in specific civil cases related to election law (under article sixteen), not for broader legal troubles. This limits flexibility for campaigns and may deter the use of campaign accounts as “rainy day” legal defense funds.
Aims to enhance donor trust and curb misuse. By restricting how campaign funds can be spent, the bill seeks to reassure donors that contributions are used for campaign-related activities—not to shield politicians from criminal accountability. This could strengthen public confidence in the political process.
Creates new compliance obligations. Campaign committees must quickly adapt to these changes, and the State Board of Elections is required to notify all committees within 30 days. This adds a new layer of oversight and could lead to increased scrutiny of campaign expenditures.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Ban Campaign Funds for Defense
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to elections
- 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 Campaign Funds for Defense
In Assembly Committee · Election Law · Sponsor Charles Lavine
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4015
2017-2018 Regular Sessions
IN SENATE
February 1, 2017
Introduced by Sen. BROOKS -- 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 the use of campaign funds to pay attorney's fees
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 14-130 of the election law is amended by adding a new subdivision 7 to read as follows:
7. No campaign funds shall be used to pay attorney's fees or any costs for the actual defense of a candidate, public or party official, members of their immediate family or domestic partner under federal criminal indictment. Such funds may only be used exclusively for costs related to civil actions instituted pursuant to article sixteen of this chapter.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law; provided, however, that the state board of elections shall notify all registered campaign committees of the applicable provisions of this act within thirty days after this act shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08788-01-7
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, in relation to the use of campaign funds to pay attorney's fees
Purpose or general idea of bill
Prohibits the use of campaign funds to pay attorney's fees or any costs for the actual defense when under federal criminal indictment.
Summary of specific provisions
Section 14-130 of the election law is amended by adding a new subdivision 7 that prohibits the use of campaign funds when under federal criminal indictment.
Justification
The contrast between the state Board of Elections and the Federal Elections Committee (FEC), when defining "personal use" is stark. The FEC provides a listing of prohibited actions. New York law is much vaguer. New York's election law has been called one of the most lax in the nation.
The state Board of Elections is charged with interpreting election law. In recent decades, the Board has adopted an extremely broad view on what is a legitimate campaign expense. In 2005, the board's spokesman said, "unless you out-and-out stick it in your pocket and walk away, everything's legal." The Board of Elections has interpreted that for legal expenses. In total, state elected officials have spent well over $7 million in campaign funds on criminal defenses since 2004, according to NYPIRG.
Using campaign funds to provide for the legal defense of an elected official, under federal indictment, does a disservice to all those contributing to these campaigns. This legislation seeks to ensure that campaign donors are not paying for attorney's fees that have nothing to do with the nomination or election of the candidate to whom they made a donation.
Prior legislative history
New bill.
Fiscal implications
None.
Effective date
The sixtieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.