What's happening
This bill requires leftover campaign funds of deceased candidates to be transferred to the state treasury or a designated charity.
Why it matters
Prevents misuse of leftover campaign funds. By mandating that unspent campaign contributions of deceased candidates go to the state treasury or a designated charity, the bill reduces the risk of funds being diverted for personal use or misappropriated by heirs or associates.
Increases transparency and accountability. The requirement for campaign treasurers to notify the state board of elections within 30 days of a candidate’s death ensures prompt and clear handling of these funds, making the process more transparent to the public.
Gives candidates agency over their legacy. By allowing candidates to pre-select a charity to receive their leftover funds, the bill lets individuals support causes aligned with their values, while still closing loopholes for unrestricted private transfers.
Standardizes campaign finance closure. This legislation creates a consistent, enforceable rule for what happens to unused campaign money after a candidate’s death, clarifying a previously gray area and reducing the administrative burden on families and committees.
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Who cares
Headline styles
Campaign Funds Go to State
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to elections
- Referred to elections
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
782
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. BRESLIN -- 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 providing that campaign accounts be transferred to the state treasury upon death of a candidate
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 14-131 to read as follows:
§ 14-131. Required disposal of campaign funds. 1. Upon the death of a candidate, former candidate or holder of elective office, who received campaign contributions, any moneys remaining in the account of a political committee formed for the purpose of promoting or electing such candidate not otherwise due and owed to any party shall be paid over to the comptroller of the state of New York for deposit in the general treasury of the state.
2. The treasurer of a political committee shall notify the state board of elections upon the death of a candidate, former candidate or holder of elective office. Such notice shall be filed in the office in which the committee is required to file statements under section 14-110 of this article, within thirty days of the death of such person.
3. Notwithstanding subdivision one of this section, a candidate, former candidate or holder of elective office may, at any time, designate a charitable organization to receive the balance of any moneys remaining in the account of a political committee formed for the purpose of promoting or electing such candidate upon the death of such person by filing a notice to that effect with the state board of elections. The state board of elections shall develop a form for such purpose. If a charitable organization designated by a candidate under this section is no longer in existence upon the death of such person then such remaining
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05932-01-9
S. 782 2
moneys shall be paid into the general treasury of the state in accordance with this section.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law; provided, however, that this act shall apply to contributions received after such effective date; and provided, further, 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.
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 providing that campaign accounts be transferred to the state treasury upon death of a candidate
Purpose or general idea of bill
Provides that remaining campaign accounts be transferred to the state treasury after the death of a candidate unless previous arrangements have been made to have the funds donated to a charity of the candidate's choice upon his or her death.
Summary of specific provisions
Section one (1) requires the disposal of campaign funds to the state comptroller (2) requires the treasurer of said political committee to notify the board of elections within 30 days of the candidates death
(3) allows said candidate to designate a charitable organization to receive the balance of any monies.
Section 2 provides that this act shall take effect 60 days after it has become law.
Justification
In August 2009, it was revealed that the widow of the late Senator Ron Stafford had been making contributions to various charities and campaign committees from the "Committee to Re-elect Stafford" account. Since his death in 2005, Kay Stafford has doled out approximately $60,000. Kay Stafford is a long time lobbyist with CMA Consulting Services.
These contributions are known as "ghost" contributions. Currently, there is no statute in New York state law addressing the disposition of funds when someone with a campaign account passes away. This bill clearly states who would inherit control of the money and where the money is permitted to go, post mortem. This area of law needs to be clearly defined.
Prior legislative history
2017-2018: S.2690 Referred to the Elections
2015-2016: S.1326 Referred to the Elections
2013/2014: S.1162 Referred to the Elections Committee
2011/2012: A.898/S.1163 Remained in the Senate Committee on Elections and the Assembly Committee on Election Law
2010: A.11517/S.6259
Fiscal implications
None to the State
Effective date
This act shall take effect on the sixtieth day after it shall have become a law; provided, however, that this act shall apply to contrib- utions received after such effective date; and provided, further, 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.