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S88Senate2017-2018 SessionSame asA4181

Ban Campaign Cash for Legal Fees

Official title

“Relates to the use of campaign funds for attorney's fees”

Status
In Senate Committee
Elections
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Elections

What's happening

This bill prohibits the use of campaign funds to pay legal fees for most civil or criminal actions against candidates or officials.

Why it matters

  1. Limits personal benefit from campaign donations. By prohibiting the use of campaign funds for most legal defenses, the bill restricts candidates and officials from treating campaign accounts as a personal legal safety net, reinforcing the idea that campaign contributions should serve electoral—not personal—purposes.

  2. Raises the bar for financial accountability and transparency. The measure seeks to reduce the risk of misuse or misreporting of campaign expenses, potentially decreasing opportunities for corruption or the appearance that political donors are indirectly funding the private legal troubles of politicians.

  3. Narrowly defines exceptions to the rule. The only permitted use of campaign funds for legal fees is for civil actions under Article Sixteen of the Election Law (typically election-related matters), ensuring funds are available for legitimate campaign-related legal needs but not for broader personal or criminal issues.

  4. May influence candidate behavior and public trust. By removing a financial shield for legal troubles, the bill could deter unethical conduct among public officials and candidates, while also aiming to rebuild public confidence in the political process by showing campaign funds are less likely to be misused.

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Who cares

Headline styles

Ban Campaign Cash for Legal Fees

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Brad Hoylman-Sigal

Senator · Senate District 27

History

  1. Referred to elections
  2. 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.

A4181Assembly

Ban Campaign Funds for Legal Fees

In Assembly Committee · Election Law · Sponsor Charles Lavine

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

88

2017-2018 Regular Sessions

IN SENATE (Prefiled)

January 4, 2017

Introduced by Sens. HOYLMAN, ADDABBO, AVELLA, DILAN, KRUEGER, LATIMER, PERKINS, SQUADRON -- 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 of defending against any civil or criminal action, investigation or prosecution for alleged violations of state or federal law alleged to have been committed by a candidate, public or party official, members of their immediate family or domestic partner unless such expenditure is 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.

LBD05306-01-7

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

The purpose of this legislation is to explicitly prohibit the use of campaign funds to pay attorney's fees or other costs associated with criminal or civil litigation.

Summary of provisions

Section 1 amends section 14-130 of the election law to expressly prohibit the use of campaign funds to pay attorney's fees or costs of defending against civil or criminal investigation or prosecution for alleged violations of state or federal law. The only exception would be for costs related to civil actions for alleged violations of Article 16 of the Election Law.

Section 2 sets forth the effective date.

Justification

Currently, New York's election law, allowing candidates to spend campaign funds for "any lawful purpose," is among the most lax in the nation. While spending campaign funds for personal use is technically prohibited, the lack of any definition for what constitutes a personal use renders the provision meaningless. This shortcoming in the law is striking when compared to the detailed restrictions issued by the Federal Election Commission.

Campaign donors have a reasonable expectation that their contributions will be used for the candidate's election efforts and the execution of his or her duties. They do not expect their contributions to subsidize attorney's fees or litigation costs that have nothing to do with the nomination or election of the candidate to whom they made a donation. This legislation would therefore clarify that campaign funds may not be used for this purpose while preserving candidates' ability to use campaign funds for legal fees directly involved with nomination or election to office.

Legislative history

S.338-A of 2015-2016 (Hoylman): Died in Elections (2015)/Died in Investigations & Government Operations (2016) A.9331 of 2016 (Lavine): Died in Election Law S.5094 of 2013-2014 (O'Brien): Died in Elections

Fiscal implications

None.

Effective date

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 law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.