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N.Y. Elec. Law § 16-114

Proceedings to compel filing of statements or corrected statements of campaign receipts, expenditures and contributions

Applied in 2 court decisions — leading case Matter of Lauder v. Pellegrino (2017)

Most recently applied in Matter of Lauder v. Pellegrino (August 2017)

2014-09-22

§ 16-114. Proceedings to compel filing of statements or corrected\nstatements of campaign receipts, expenditures and contributions. 1. The\nsupreme court or a justice thereof, in a proceeding instituted by any\ncandidate voted for at the election or primary or by any five qualified\nvoters or by the state or other board of elections may compel by order,\nany person required to file a statement of receipts, expenditures or\ncontributions for campaign purposes, who has not filed any such\nstatement within the time prescribed by this chapter, to file such\nstatement within five days after notice of the order.\n 2. The supreme court or a justice thereof, in a proceeding instituted\nby any candidate voted for at the election or primary or by any five\nqualified voters, or by the state or other board of elections in\naccordance with the provision of this chapter may compel by order any\nperson required under the provisions of this chapter to file a statement\nof receipts, expenditures or contributions for campaign purposes, who\nhas filed a statement which does not conform to the requirements of this\nchapter in respect to its truth, sufficiency in detail or otherwise, to\nfile a new or supplemental statement which shall make the statement or\nstatements true and complete within five days after notice of the order.\nThe state board of elections shall be a necessary party in any such\nproceeding.\n 3. The supreme court or a justice thereof, in a proceeding instituted\nby any candidate voted for at the election or primary or by any five\nqualified voters, or by the state or other board of elections may compel\nby order any person who has failed to comply, or the members of any\ncommittee which has failed to comply, with any of the provisions of this\nchapter, to comply therewith.\n 4. In every proceeding instituted under this section, except a\nproceeding to compel the filing of a statement by a candidate for\nnomination to a public office at a primary election or for election\nthereto, or by the treasurer of a political committee, who has failed to\nfile any statement, the petitioner or petitioners, upon the institution\nof the proceeding shall file with the county clerk an undertaking in a\nsum to be determined and with sureties to be approved by a justice of\nthe supreme court conditioned to pay any costs imposed against him or\nthem; provided, however, that no such undertaking shall be required in a\nproceeding instituted by the state or other board of elections.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.