Current through Register Vol. 46, No. 12, March 20, 2024
(a)
Before any treasurer of any political committee may resign his position at a
time when his committee has unexpended funds or unsatisfied liabilities, such
treasurer must first deliver a copy of his written resignation as treasurer to
both the committee's chairman and the applicable filing officer for the
committee's statements as set forth in section
6200.1
of this Part. The effective date of the resignation shall be five days after
delivery to such filing officer unless the treasurer specifies a date later
than five days after delivery, in which case said date shall be the effective
date. Within two days after the effective date of his resignation, any such
treasurer shall file a statement of receipts and expenditures with the
appropriate filing officer, which statement shall include all transactions made
by his committee from the date of the committee's last report up to and
including the effective date of the treasurer's resignation.
(b) Upon the effective date of a resignation
or upon the death of any treasurer of a political committee, no member of any
such political committee or other person acting under its authority or in its
behalf shall receive any money or other valuable thing or expend the same until
the committee shall have chosen a new treasurer and the treasurer's name and
address shall have been filed pursuant to section
14-118 of the Election Law with the
appropriate filing officer. For the purposes of this subdivision, the term
political committee shall not include a party or constituted
committee.
(c)
(1) Treasurer Removal Committee. A treasurer
removal committee may only be established for single authorized candidate
committees or multi-candidate authorized committees.
A candidate who is the sole authorizing candidate of a
political committee may designate a treasurer removal committee for such
political committee.
A treasurer removal committee for a political committee
authorized by more than one candidate is designated when all candidates
authorizing such political committee make a unanimous designation. If such
multicandidate committee is subsequently authorized by one or more additional
candidates, the treasurer removal committee designated prior to such additional
candidate(s)' authorization shall remain operative for such committee until
revoked or amended unanimously by all of the candidates composing the
multi-candidate committee at the time of such amendment or revocation.
The designation of the treasurer removal committee shall be
in a writing duly filed with the appropriate filing officer, and such
designation may be likewise amended or revoked at any time in the same manner a
s the original designation.
(2) Powers and Composition of Treasurer
Removal Committee. A treasurer removal committee shall have at least three
members. The treasurer removal committee may at any time remove the treasurer
and /or appoint a new treasurer, pursuant to section
14-104 of the election law. Such removal
and/or appointment shall be made in a writing signed by a majority of the
treasurer removal committee and shall be filed forthwith with the appropriate
filing officer. If the removal of a treasurer does not coincide with the
appointment of a new treasurer, as provided by law, n o officer, member or
agent of the political committee shall receive any receipt, transfer or
contribution, or make any expenditure or incur any liability until the new
treasurer and depository are chosen and indicated on a form filed with the
appropriate filing officer.
(3)
Removal Notice and Responsibilities of Removed Treasurer.
(a) A written removal notice shall be
provided by the treasurer removal committee to the removed treasurer on a form
to be prescribed by the state board of elections. Such notice shall inform the
re moved treasurer of the requirements of this paragraph clearly and
concisely.
(b) Within three
business days of receiving such notification, the removed treasurer shall:
(i) make and file a statement of receipts and
expenditures with the appropriate filing officer covering th e time period from
the last disclosure report filed and the date of removal;
(ii) make and file any necessary disclosure
reports or amendment of disclosure reports due as a result of any outstanding
deficiency notices receive d from the State Board of Elections Compliance Unit
pursuant to Election Law § 3104-a;
(iii) surrender the records, property and
funds of the political committee in his or her possession to the new
treasurer;
(iv) make copies of the
records of the political committee required to be retained by the treasurer and
retain such copies for the applicable five year period in accordance with
Election Law §
14-118(1);
(v) take all necessary steps to permit the
new treasurer to access the records, property and funds of the committee in the
possession of any third parties. On or after ten days after receiving
notification of removal of a treasurer, the State Board of Elections shall
cancel the filing authorization pin previously provided to such
treasurer.
(4)
Responsibilities of New Treasurer. Within five business days of appointment,
the new treasurer shall file any forms with the appropriate filing officer that
are required to be filed by new treasurers, and shall from the time he or she
accepts such appointment be solely responsible to perform the duties and
functions of treasurer for the political committee.
(5) Assumption of Responsibilities. The
removal of a treasurer and the appointment of a new treasurer shall take effect
immediately upon the filing of the required forms with the appropriate filing
office r, except that the removed treasurer shall be required to meet the
requirements of paragraph three hereof. The failure of the removed treasurer to
meet the obligations of such paragraph shall not impair or preclude t he
appointment of the new treasurer or the authority of the new treasurer to
exercise the obligations and authority of that position.
(6) Forms. The Compliance Unit of the State
Board of Elections shall publish forms required for the implementation of this
section.
