New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6200 - Filing Statements of Campaign Receipts and Expenditures › Section 6200.7 - Resignation of a treasurer

Current through Register Vol. 46, No. 28, July 10, 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.