2023 New York Laws › CVS - Civil Service › Article 7 - Enforcement; Prohibitions; Penalties › Title C - Prohibition Against Certain Activities by Officers and Employees; Penalties › 107 - Prohibition Against Certain Political Activities; Improper Influence.

§ 107. Prohibition  against  certain  political  activities;  improper
  influence. 1. Recommendations  based  on  political   affiliations.   No
  recommendation  or  question  under  the authority of this chapter shall
  relate to the political opinions or affiliations of any person whatever;
  and no appointment  or  selection  to  or  removal  from  an  office  or
  employment  within  the  scope  of this chapter or the rules established
  thereunder, shall be in  any  manner  affected  or  influenced  by  such
  opinions or affiliations. No person in the civil service of the state or
  of any civil division thereof is for that reason under any obligation to
  contribute to any political fund or to render any political service, and
  no  person  shall  be removed or otherwise prejudiced for refusing so to
  do. No person in the said civil service shall discharge  or  promote  or
  reduce, or in any manner change the official rank or compensation of any
  other  person  in  said  service,  or  promise or threaten so to do, for
  giving or withholding or neglecting to make any contribution of money or
  service or any other valuable thing for any political purpose. No person
  in said service shall use his official authority or influences to coerce
  the political action of any person or body  or  to  interfere  with  any
  election.
2. Inquiry concerning political affiliations. No person shall directly
  or  indirectly  ask,  indicate  or  transmit  orally  or  in writing the
  political affiliations of any employee in the civil service of the state
  or of any civil division thereof or of  any  person  dependent  upon  or
  related  to such an employee, as a test of fitness for holding office. A
  violation  of  this  subdivision  shall  be  deemed  a  misdemeanor  and
  conviction  thereof  shall subject the person convicted to a fine of not
  less than one hundred dollars nor more than five hundred dollars  or  to
  imprisonment  for not less than thirty days nor more than six months, or
  to both such fine and imprisonment. Nothing herein  contained  shall  be
  construed  to  prevent  or  prohibit  inquiry concerning the activities,
  affiliation or membership of any applicant or employee in any  group  or
  organization which advocates that the government of the United States or
  of  any  state  or  of  any  political  subdivision  thereof  should  be
  overturned by force, violence or any unlawful means.
3. Political assessments. No officer or employee of the state  or  any
  civil  division thereof shall, directly or indirectly, use his authority
  or official influence to compel or induce any other officer or  employee
  of the state or any civil division thereof, to pay or promise to pay any
  political  assessment,  subscription  or  contribution. Every officer or
  employee who may have charge or control in any building, office or  room
  occupied  for  any governmental purpose is hereby authorized to prohibit
  the entry of any person, and he shall not knowingly permit any person to
  enter the same for the  purpose  of  making,  collecting,  receiving  or
  giving  notice  therein,  of  any  political assessment, subscription or
  contribution; and no person shall enter or remain in  any  such  office,
  building or room, or send or direct any letter or other writing thereto,
  for the purpose of giving notice of, demanding or collecting a political
  assessment; nor shall any person therein give notice of, demand, collect
  or  receive any such assessment, subscription or contribution. No person
  shall prepare or take any part in preparing  any  political  assessment,
  subscription or contribution with the intent that the same shall be sent
  or  presented  to or collected of any officer or employee subject to the
  provisions of this chapter,  and  no  person  shall  knowingly  send  or
  present  any  political  assessment,  subscription or contribution to or
  request its  payment  of  any  said  officer  or  employee.  Any  person
  violating  any  provision  of  this  subdivision  shall  be  guilty of a
  misdemeanor.
4. Prohibition against promise of influence.  Any  person,  who  while
  holding  any  public  office,  or  in nomination for, or while seeking a
  nomination or appointment for any public office, shall corruptly use  or
  promise  to  use, whether directly or indirectly, any official authority
  or  influence,  whether then possessed or merely anticipated, in the way
  of conferring upon any person, or in order to secure or aid  any  person
  in  securing  any  office  or  public  employment,  or  any  nomination,
  confirmation, promotion or increase of salary,  upon  the  consideration
  that the vote or political influence or action of the last-named person,
  or any other, shall be given or used in behalf of any candidate, officer
  or party, or upon any other corrupt condition or consideration, shall be
  deemed  guilty  of bribery or an attempt at bribery. Any public officer,
  or any person having or claiming to have any authority or influence  for
  or affecting the nomination, public employment, confirmation, promotion,
  removal,  or  increase  or decrease of salary of any public officer, who
  shall corruptly use, or promise, or threaten to use any  such  authority
  or  influence, directly or indirectly in order to coerce or persuade the
  vote or political action of any citizen or  the  removal,  discharge  or
  promotion  of  any officer or public employee, or upon any other corrupt
  consideration, shall also be guilty of  bribery  or  of  an  attempt  at
  bribery.  Every  person  found  guilty of such bribery, or an attempt to
  commit the same, as aforesaid, shall, upon conviction thereof, be liable
  to be punished by a fine of not less than one hundred dollars  nor  more
  than  three  thousand  dollars, or to imprisonment for not less than ten
  days nor more than two years, or to both such fine and  imprisonment  in
  the discretion of the court.
5.  Violation of this section. Complaints alleging a violation of this
  section by a statewide elected official or a state officer or  employee,
  as  defined  in section seventy-three of the public officers law, may be
  directed to the commission on public integrity.