What's happening
This bill requires presidential and vice-presidential candidates to publicly disclose their last five years of federal tax returns to appear on New York ballots.
Why it matters
Increases transparency and accountability. by requiring presidential and vice-presidential candidates to make their federal tax returns publicly accessible, allowing voters to scrutinize financial interests, potential conflicts, and sources of income.
Empowers New York voters with more information. when making electoral decisions, potentially influencing perceptions of candidates’ integrity, business dealings, and tax practices.
Establishes a standardized process and timeline. for disclosure, including redaction of sensitive personal information (like Social Security numbers and addresses), balancing public interest with privacy concerns.
Could set a precedent for other states. to adopt similar laws, which might collectively pressure major party candidates to universally disclose tax information, possibly impacting national campaign norms and legal debates about state authority over federal elections.
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Who cares
Headline styles
Require Candidate Tax Returns
Plain English, a few words. Used as the page title.
Sponsors
30 Co-sponsors
- Joseph P. Addabbo Jr.
- Jamaal Bailey
- Brian Benjamin
- Alessandra Biaggi
- Neil D. Breslin
- John E. Brooks
- David Carlucci
- Leroy Comrie
- Jim Gaughran
- Michael Gianaris
- Andrew Gounardes
- Pete Harckham
- Robert Jackson
- Todd Kaminsky
- Timothy M. Kennedy
- Liz Krueger
- Rachel May
- Shelley Mayer
- Velmanette Montgomery
- Zellnor Myrie
- Kevin S. Parker
- Roxanne J. Persaud
- Jessica Ramos
- Gustavo Rivera
- Julia Salazar
- James Sanders Jr.
- Diane J. Savino
- José M. Serrano
- Toby Ann Stavisky
- Kevin Thomas
History
- Referred to elections
- Print number 32a
- Amend and recommit 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.
Require Candidates' Tax Disclosure
In Assembly Committee · Election Law · Sponsor Patricia Fahy
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
32--A
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. HOYLMAN, ADDABBO, BAILEY, BENJAMIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN, GIANARIS, GOUNARDES, HARCKHAM, JACKSON, KAMINSKY, KENNEDY, KRUEGER, MAYER, METZGER, MONTGOMERY, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SAVINO, SERRANO, STAVISKY, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Elections -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the election law, in relation to requiring the disclosure of tax returns by candidates for president and vice president
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 section 6-170 to read as follows:
§ 6-170. Disclosure of tax returns by candidates for president and vice president. 1. Notwithstanding any other provision of law to the contrary, the name of a candidate for the office of president or vice president of the United States shall not be printed upon the official ballot for either a primary or general election if such candidate has not complied with the requirements of subdivision two of this section.
2. A candidate for the office of president or vice president of the United States shall, within a reasonable timeframe to be established by regulation of the state board of elections:
(a) file with the state board of elections a copy of such candidate's federal income tax return, as that term is defined in section 6103(b)(1) of the Internal Revenue Code of 1986, for at least the five most recent taxable years for which such a return has been filed with the internal revenue service; and
(b) provide written consent to the commissioners of the state board of elections, in such form as shall be prescribed by the board, for the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01002-03-9
S. 32--A 2
public disclosure of such returns pursuant to subdivision three of this section.
3. Federal income tax returns filed with the state board of elections by a candidate for the office of president or vice president of the United States pursuant to subdivision two of this section shall be made publicly available on the website of the board no later than seven days after such federal income tax returns have been received by the board, subject to such redaction as may be warranted pursuant to subdivision four of this section.
4. Prior to making any federal income tax return filed pursuant to subdivision two of this section publicly available, the state board of elections shall redact the social security number, address or telephone number of any individual in such federal income tax return, and shall make any other redactions as the board, in consultation with the commissioner of taxation and finance or his or her delegate, deems appropriate.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivision, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein.
§ 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, in relation to requiring the disclosure of tax returns by candidates for president and vice president
Summary of provisions
Section 1 of the bill amends the election law by adding a new section 6-170. This new section would require candidates for United States pres- ident and vice president to file copies of their last five federal income tax returns with the New York State Board of Elections (BOE) no later than 50 days prior to the primary or general election in which they wish to run. The BOE would have seven days after receipt of such income tax returns to redact them as deemed appropriate and make them publicly available on the BOE website.
Candidates who fail to comply with these requirements shall not appear on the official ballot for either a primary or general election.
Section 2 of the bill establishes a severability clause.
Section 3 of the bill establishes the effective date.
Justification
Until the 2016 presidential election, every president since Jimmy Carter has disclosed at least one year worth of tax returns before taking office. The practice of releasing tax returns has become a political norm over the past four decades for an important reason: American pres- idential candidates should be held to a higher standard of transparency.
Tax returns give the American people important insight into a candi- date's financial standing and shines a light on potential conflicts-of- interest. How much does the candidate earn, and from whom? Are they paying a higher or lower overall tax rate than the average American? To whom do they owe money? Have they utilized loopholes in tax laws to avoid or evade paying taxes?
These are especially important questions for voters to learn before an election, because unlike members of Congress and federal appointees, presidents are largely exempt from conflicts-of-interest laws.
Legislative history
S.26 of 2017-2018 (Hoylman): Died in Election Law A.4072 of 2017-2018 (Fahy): Died in Election Law
Fiscal implications
None.
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.