What's happening
This bill prohibits the use of campaign funds to pay settlement fees, fines, or penalties related to sexual harassment cases.
Why it matters
Prevents candidates from using campaign donations as a personal safety net. By explicitly banning the use of campaign funds for sexual harassment settlements or penalties, the bill makes it harder for politicians to shield themselves from personal accountability using money intended for campaign activities.
Raises the stakes for candidates facing sexual harassment allegations. Candidates must now pay any fines or settlements out of their own pockets, which may act as a deterrent against inappropriate behavior and encourage more personal responsibility.
Promotes greater transparency and donor trust. Donors can be more confident that their contributions will be used solely for legitimate campaign purposes, not to cover up or resolve personal legal issues of candidates, potentially bolstering faith in the political process.
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Who cares
Headline styles
Ban Campaign Funds for Harassment Settlements
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to elections
- Committed to rules
- Amended on third reading (t) 4311a
- Advanced to third reading
- 2nd report cal.
- 1st report cal.617
- 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 Harassment
In Assembly Committee · Election Law · Sponsor Dan Quart
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4311--A Cal. No. 617
2019-2020 Regular Sessions
IN SENATE
March 7, 2019
Introduced by Sens. BIAGGI, CARLUCCI, FUNKE, GOUNARDES, HOYLMAN, SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Elections -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the election law, in relation to the use of campaign funds to pay any settlement fees, fines or penalties for sexual harassment civil or criminal actions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (ix) and (x) of subdivision 3 of section 14-130 of the election law, as added by section 9 of part CC of chapter 56 of the laws of 2015, are amended and a new paragraph (xi) is added to read as follows:
(ix) dues, fees, or gratuities at a country club, health club, recreational facility or other entities with a similar purpose, unless they are expenses connected with a specific fundraising event or activity associated with a political campaign or the holding of public office or party position that takes place on the organization's premises; [and]
(x) travel expenses including automobile purchases or leases, unless used for campaign purposes or in connection with the execution of the duties of public office or party position and usage of such vehicle which is incidental to such purposes or the execution of such duties[.]; and
(xi) payment of any settlement fees, fines or penalties assessed against the candidate in connection with a criminal or civil action, investigation, or prosecution involving allegations of sexual harassment.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09788-02-9
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 any settlement fees, fines or penalties for sexual harassment civil or criminal actions
Purpose of bill
To prohibit campaign funds from being used to pays settlement fees for sexual harassment action, investigation or prosecution for alleged violations of state law
Summary of specific provisions
Section 1: Amends Section 14-120 of the election law by adding subdivi- sion 7 which does not allow campaign funds to be used to pay settlement fees for sexual harassment civil or criminal action, investigation, or prosecution for alleged violations of state law alleged to have been committed by a candidate, public or party official, members of their immediate family or domestic partner.
Section 2: Sets forth an effective date
Justification
According to the New York State Board of Elections, a contribution is defined as, "any gift... or deposit of money or anything of value, made in connection with the nomination for election (e.g., primary), or election (e.g., general), of any candidate, or made to promote the success or defeat of a political party or principle, or of any ballot proposal." Funds are given by donors with the expectation that their contributions will be used for the candidate's election efforts and the execution of their duties, not to fund the cost of their bad conduct.
Under current election law, section 14-130, it is illegal to use funds for payment of any fines or penalties assessed against the can didate in connection with a criminal conviction or by the joint commission for public ethics. HOwever, as the law is currently written, using campaign funds to pay settlement fees including paying out sexual harassment settlements, is legal. This practice is an abysmal breach of the public's trust that their contributions are being appropriately used to support an honest campaign.
Legislative history
New bill.
Fiscal implications for state and local governments
To be determined.
Effective date
This act shall take effect on the sixtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.