N.Y. Comp. Codes R. & Regs. tit. 9 § 6200.7

Current through Register Vol. 46, No. 43, October 23, 2024

Section 6200.7 - Resignation of a treasurer

(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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6200.7

Amended New York State Register March 7, 2018/Volume XL, Issue 10, eff. 3/7/2018