BILL NUMBER: S5496
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act to amend the election law, in relation to requiring a candidate
for office to file additional information about the candidate's educa-
tional background, military service, and employment history and provid-
ing penalties for violations
 
PURPOSE:
Requires candidates to accurately disclose the candidate's educational,
military service, and employment history.
 
SUMMARY OF PROVISIONS:
Section 1 states the title, "The Candidate Truth In Background Disclo-
sures Act".
Section 2 Subdivision A amends Election Law section 14-104 to add a
statement of educational background, military service, and employment
history in addition to the candidate's financial disclosures. It further
amends the law with subdivision B stating that any filing with false
statements enclosed will be punishable with a class A misdemeanor, and
willfully violating the provisions will be punishable as a class E felo-
ny. Subdivision i defines educational background, subdivision ii defines
military service, and subdivision iii defines military service in the
context of this bill's required disclosures. Subsection i defines educa-
tional background as all high school and higher education dates of
attendance and years of graduation. Subsection ii defines military
service history as service to the United States as a member in active
service or in the reserves, as well as service for any other military
other than the United States. Further requires the years served, date
discharged, and rank at discharge. Subsection iii defines employment
history as any position of employment for the past twenty (20) years or
since the age of twenty-one (21), whichever is shorter. Requires state-
ments for any time spent as an employee, or independent con tractor for
more than three months, as well as the name of the employer.
Section 3 amends section 16-114 of the Election Law to include educa-
tional background, military service, and employment history to be able
to be compelled by the State Supreme Court if a candidate does not
comply and further defines that any person receiving more than five
qualified votes or State election authority can institute a proceeding
to compel these disclosures.
Section 4 amends subdivision 9-A of Election Law section 3-102 to add
the educational background, military service, and employment history
disclosures to the electronic campaign finance reporting system.
Section 5 amends Subdivision 1 of Election Law section 14-126 to add a
new paragraph (c) adds a fine of one thousand (1,000) dollars for anyone
who knowingly and willfully provides false information and anyone who
commits the offense three or more times in an election cycle will be
fined ten thousand (10,000) dollars.
Section 6 states the effective date.
 
JUSTIFICATION:
Following the controversies surrounding Congressman George Santos'
credentials, it has become evident that New Yorkers should be entitled
to a baseline of truthful information regarding their representative's
professional history. We do not wish to create an administrative burden
of entry and bar anyone from running for office who cannot present proof
of this information, only that the information provided should not be
able to be substantially contradicted by any reporters or watchdogs
looking to enforce the provisions of this bill.
As New York continues to work towards ensuring ethical practices and
protecting our public faith in our electoral system, we must provide a
standard of transparency and accountability for candidates to meet. We
hope that by requiring a bare minimum baseline of truth we can restore
faith in our electoral processes.
 
FISCAL IMPACT:
None
 
LEGISLATIVE HISTORY:
2023-2024: S6628/A5843 - Died in Elections
 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become law in
the next election cycle.

Statutes affected:
S5496: 3-102 election law, 3-102(9-A) election law, 14-126 election law, 14-126(1) election law