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Code · New York · Election · Judicial Proceedings

§ 16-114. Proceedings to compel filing of statements or corrected statements of campaign receipts, expenditures and contributions.

421 words·~2 min read·/ny/election/judicial-proceedings/16-114·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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