What's happening
This bill increases penalties for violations of New York election law, including campaign finance and contribution limit abuses.
Why it matters
Targets intentional loophole abuse. The bill specifically penalizes individuals who create partnerships or limited liability companies solely to evade individual campaign contribution limits, imposing double penalties plus significant fines—addressing a common workaround used to funnel excess money into campaigns.
Strengthens enforcement and deterrence. By increasing civil penalties (up to $10,000 or more in some cases) and introducing the possibility of misdemeanor and felony charges for willful violations, the bill aims to make campaign finance laws more enforceable and violations riskier for offenders.
Expands scope of violations. New language broadens the range of penalized behavior to include unlawful personal use of campaign funds and prohibited campaign activities, not just failures to file or excess contributions, signaling a more comprehensive approach to campaign finance regulation.
Directs penalty funds to enforcement. Money collected from these increased penalties will be used to fund election law enforcement activities, potentially improving the state's capacity to monitor and prosecute future violations.
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Who cares
Headline styles
Increase Election Violation Penalties
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to elections
- Referred to elections
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4232
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 increasing penalties for certain violations
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, as amended by section 6 of subpart C of part H of chapter 55 of the laws of 2014, subdivision 1 as separately amended by section 1 of subpart B of part H of chapter 55 of the laws of 2014 and subdivision 3-a as added by section 11 of part A of chapter 286 of the laws of 2016, is amended to read as follows:
§ 14-126. Violations; penalties. 1. (a) Any person who fails to file a statement required to be filed by this article shall be subject to a civil penalty, not in excess of one thousand dollars, to be recoverable in a special proceeding or civil action to be brought by the chief enforcement counsel pursuant to section 16-114 of this chapter. Any person who, three or more times within a given election cycle for such term of office, fails to file a statement or statements required to be filed by this article, shall be subject to a civil penalty, not in excess of ten thousand dollars, to be recoverable as provided for in this subdivision.
(b) All payments received by the state board of elections pursuant to this section shall be retained in the appropriate accounts as designated by the division of the budget for enforcement activities by the board of elections.
2. Any person who, acting as or on behalf of a candidate or political committee, under circumstances evincing an intent to violate such law, unlawfully accepts a contribution in excess of a contribution limitation established in this article, shall be required to refund such excess amount and shall be subject to a civil penalty equal to the excess amount plus a fine of up to ten thousand dollars, to be recoverable in a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05526-01-7
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special proceeding or civil action to be brought by the state board of elections chief enforcement counsel.
3. Any person who falsely identifies or knowingly fails to identify any independent expenditure as required by subdivision two of section 14-107 of this [article] title shall be subject to a civil penalty up to one thousand dollars or up to the cost of the communication, whichever is greater, in a special proceeding or civil action brought by the state board of elections chief enforcement counsel or imposed directly by the state board of elections. For purposes of this subdivision, the term "person" shall mean a person, group of persons, corporation, unincorporated business entity, labor organization or business, trade or professional association or organization or political committee.
[3-a. Any person who, acting as or on behalf of an independent expenditure committee or a political action committee, knowingly and willfully violates the provisions of section 14-107-a of this article shall be subject to a civil penalty, up to one thousand dollars or up to the cost of the communication, whichever is greater, to be recoverable in a special proceeding or civil action to be brought by the state board of elections.]
4. Any person who, acting as or on behalf of a candidate or political committee, under circumstances evincing an intent to violate such law, unlawfully (a) expends campaign funds for a personal use in violation of this article, or (b) conducts activities prohibited by this article, shall be subject to a civil penalty, not in excess of ten thousand dollars, to be recoverable in a special proceeding or civil action to be brought by the state board of elections.
5. Any person who knowingly and willfully fails to file a statement required to be filed by this article within ten days after the date provided for filing such statement or any person who knowingly and willfully violates any other provision of this article shall be guilty of a misdemeanor.
[5.] 6. Any person who knowingly and willfully contributes, accepts or aids or participates in the acceptance of a contribution in an amount exceeding an applicable maximum specified in this article shall be guilty of a class A misdemeanor.
[6.] 7. Any person who shall, acting on behalf of a candidate or political committee, knowingly and willfully solicit, organize or coordinate the formation of activities of one or more unauthorized committees, make expenditures in connection with the nomination for election or election of any candidate, or solicit any person to make any such expenditures, for the purpose of evading the contribution limitations of this article, shall be guilty of a class E felony.
8. Any person who, under circumstances evincing an intent to violate this article, establishes a partnership for the sole purpose of evading the contribution limits that would otherwise apply to that individual in violation of subdivision two of section 14-120 of this title shall be subject to a civil penalty equal to two times the amount contributed by the partnership in excess of the contribution limits that would otherwise apply to that individual plus a fine of up to ten thousand dollars, to be recoverable in a special proceeding or civil action to be brought by the state board of elections.
9. Any person who, under circumstances evincing an intent to violate this article, establishes a limited liability company for the sole purpose of evading the contribution limits that would otherwise apply to that individual in violation of section 14-120 of this title shall be subject to a civil penalty equal to two times the amount contributed by
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the limited liability company in excess of the contribution limits that would otherwise apply to that individual plus a fine of up to ten thousand dollars, to be recoverable in a special proceeding or civil action to be brought by the state board of elections.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
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 increasing penalties for certain violations
Purpose
This legislation would increase fines and penalties for certain violations; requires refund of certain illegal contributions.
Summary of provisions
Section 1 of the bill amends Election Law § 14-126 to increase civil penalties for violations of New York's campaign finance laws. The bill imposes civil penalties of up to $10,000 for expending campaign funds for personal use; and political committee violations of the campaign finance law.
The bill also creates a penalty for those who establish a partnership or limited liability company to evade the contribution limits. The penalty would be two times the amount contributed plus a fine of $10,000 in a civil proceeding brought by the board of elections.
Justification
Current penalties for violations of campaign finance laws in New York are either nonexistent or extremely weak. The fines under current law are far too low, considering the level of contributions candidates receive. This legislation is an important component of a series of meaningful campaign finance reforms for New Yorkers.
Fiscal implications
There may be a small increase in revenues due to increased fine levels.
Effective date
This act shall take effect on 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.