Bill Text: NY S00026 | 2017-2018 | General Assembly | Introduced

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Bill Title: Enacts the "tax returns uniformly made public act".

Spectrum: Partisan Bill (Democrat 24-0)

Status: (Introduced - Dead) 2018-06-04 - REPORTED AND COMMITTED TO RULES [S00026 Detail]

Download: New_York-2017-S00026-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           26
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by  Sen. HOYLMAN -- 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  enacting  the  "tax
          returns uniformly made public act"
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "tax returns uniformly made public act".
     3    § 2. The election law is amended by adding a new section 6-170 to read
     4  as follows:
     5    §  6-170.  Disclosure  of  tax returns by candidates for president and
     6  vice president. 1. Not later than fifty days before a general  election,
     7  a  candidate for the office of president or vice president, other than a
     8  write-in candidate who files a certificate of candidacy with  the  state
     9  board of elections pursuant to section 6-153 of this article, shall:
    10    (a)  file  with  the  state  board  of elections a copy of the federal
    11  income tax return, as that term is defined in section 6103(b)(1) of  the
    12  internal  revenue  code of 1986, of such candidate for at least the five
    13  most recent taxable years for which such a return has  been  filed  with
    14  the internal revenue service; and
    15    (b) provide written consent to the commissioners of the state board of
    16  elections,  in  such  form  as shall be prescribed by the state board of
    17  elections, for the public disclosure of such returns pursuant to  subdi-
    18  vision two of this section.
    19    2.  Income  tax  returns  filed with the state board of elections by a
    20  candidate for the office of president  or  vice  president  pursuant  to
    21  subdivision  one of this section shall be made publicly available on the
    22  website of the state board of elections no later than seven  days  after
    23  such  income  tax  returns have been filed, subject to such redaction as
    24  may be warranted pursuant to subdivision three of this section.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05844-01-7
        S. 26                               2
     1    3. Prior to making any income tax return filed pursuant to subdivision
     2  one of this section public, the state board of  elections  shall  redact
     3  such  information as the board, in consultation with the commissioner of
     4  taxation and finance or his or her delegate, deems appropriate.
     5    4.  Notwithstanding  any  other  section  of law to the contrary, if a
     6  candidate for the office of president or vice president has  not  timely
     7  filed with the state board of elections the income tax returns and writ-
     8  ten  consent  required  by  subdivision one of this section, the name of
     9  such candidate shall not be printed upon the  official  ballot  for  the
    10  general election.
    11    § 3. Section 12-106 of the election law is amended to read as follows:
    12    §  12-106.  Electoral college; vote of the electors. Immediately after
    13  the organization of the electoral college, the electors shall  then  and
    14  there  vote  by  ballot for president and vice president, but no elector
    15  shall vote for more than one person who is a resident of this  state  or
    16  for  any  person  subject  to  the requirements of section 6-170 of this
    17  chapter who failed to comply with such requirements. They shall name  in
    18  separate  ballots the persons voted for as president and vice president.
    19  They shall make and sign six certificates of  all  the  votes  given  by
    20  them,  each  of which certificates shall contain two distinct lists, one
    21  with the votes for president and one with the votes for vice  president.
    22  There  shall  be annexed to each of the certificates one of the lists of
    23  electors which shall have been furnished to them by the state  board  of
    24  elections.  They shall seal up the certificates so made and certify upon
    25  each that the lists of all the votes of this state given  for  president
    26  and vice president are contained therein.
    27    § 4. This act shall take effect immediately.