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shall be preserved for fifteen months after the election to which it relates.

Derivation: Election Law, § 205, as added by L. 1906, ch. 502, § 1, and amended by L. 1907, ch. 596, § 4.

§ 546. Statement of campaign receipts and payments.

The treasurer of every political committee which, or any officer, member or agent of which, in connection with any election receives, expends or disburses any money or its equivalent or incurs any liability to pay money or its equivalent shall, within twenty days after such election, file a statement setting forth all the receipts, expenditures, disbursements and liabilities of the committee, and of every officer, member and other person in its behalf. In each case it shall include the amount received, the name of the person or committee from whom received, the date of its receipt, the amount of every expenditure or disbursement, the name of the person or committee to whom it was made, and the date thereof; and unless such expenditure or disbursement shall have been made to another political committee, it shall state clearly the purpose of such expenditure or disbursement. Expenditures and disbursements in sums under five dollars need not be specifically accounted for by separate items, except in the case of payments made for account of or to political workers, watchers or messengers. The statement to be filed by a candidate or other person not a treasurer shall be in like form as that herein before provided for, but in statements filed by a candidate there shall also be included all contributions made by him.

Derivation: Election Law, § 206, as added by L. 1906, ch. 502, § 1, and amended by L. 1907, ch. 596, § 5; amended by L. 1910, ch. 429, in effect June 8, 1910. Forms. For statement of election expenses. See Forms (part 12, post). Application. The provision of this article requiring the treasurer of every political committee to file a statement is satisfied by a statement of every disbursement made directly from the fund of the committee by such treasurer with the name of the person or committee to whom it was made, the date thereof and the purpose of the expenditure or disbursement, and the treasurer is not rquired to state the manner in which the money was actually applied by those to whom he paid it for a specific purpose. Matter of McLennan, 65 Misc. 644, 122 N. Y. Supp. 409.

The Home Rule Tax Association of the State of New York, which is a political committee as defined by § 540, which circulated literature seeking to defeat a constitutional amendment at the polls, and sought to induce electors to vote against the proposition, constituted a "political committee" within the meaning of the Election Law and must file a report of its receipts and expenditures in its political campaign. But they are not required to report general receipts and disbursements made in the prosecution of its ordinary affairs. Matter of Woodbury (1916), 174 App. Div. 569, 160 N. Y. Supp. 902. A Personal Liberty League should be required to file the statement provided by this section. Report of Atty.-Gen. (1908), 551.

547. Campaign contributions to be under true name of contributor.

No person shall in any name except his own directly or indirectly, himself or through another person, make a payment or a promise of payment to a political committee or to any officer or member thereof, or to any person or persons acting under its authority or in its behalf, nor shall any such committee or any .such person or persons knowingly receive a payment or promise of payment, or enter or cause the same to be entered in the accounts or records of such committee, in any name other than that of the person or persons by whom it is made.

Derivation: Election Law, § 207, as added by L. 1906, ch. 502, § 1.

§ 548. Filing and preserving statements.

All statements required by this article shall be filed with the secretary of state, except in those cases where a candidate is required to file a statement elsewhere by section seven hundred and seventy-six of the penal law, and all statements, vouchers, receipts and accounts required by this article shall be preserved for fifteen months after the elections to which they relate and shåll be open to public inspection.

Derivation: Election Law, § 208, as added by L. 1906, ch. 502, § 1, amended by L. 1910, ch. 438, in effect June 8, 1910.

$549. Secretary of state to provide forms.

The secretary of state shall provide blank forms suitable for the statements above required.

Derivation: Election Law, § 209, as added by L. 1906, ch. 502, § 1.

§ 550. Contempt proceedings upon default in filing statement. If any person or persons or committee or committees fails to file a statement or account as above required, or if any person or committee files a statement which does not conform to the foregoing requirements in respect to its truth, sufficiency in detail, or otherwise, or if any person or committee has failed to comply with any other of the requirements or provisions of this article, the supreme court or any justice thereof, may compel by order in proceedings for contempt, such person or committee to file a sufficient statement or account, or otherwise comply with the provisions of this article. The applicant for an order, as prescribed in this article,

must present to the supreme court, or a justice thereof, a written petition, setting forth, upon information and be lief, stating the grounds and sources thereof, or upon the personal knowledge of such applicant or applicants, any failure or failures to comply with the provisions of this article, the facts showing such failure or failures, and the names of the person or persons, or committee or committees, charged with such failure or failures. Except when made by the attorney-general, such petition shall be verified in like manner as a verified complaint in an action brought in the supreme court.

Derivation: Election Law, § 210, as added by L. 1906, ch. 502, § 1.

Proceeding to compel statement. This article is intended to compel publicity in regard to campaign 'funds and in case of improper expenditure to render easy the prosecution of the offender; and, to that end, should receive a fair and liberal construction. Matter of McLennan, (1910) 65 Misc. 644, 122 N. Y. Supp. 409.

The proceeding must be based upon a petition that states facts showing failure to comply with the provisions of the law and the names of the persons or committees charged with such failure. Matter of McLennan, (1910) 65 Misc. 644, 122 N. Y. Supp. 409.

551. Who may maintain proceedings.

Application for an order as prescribed herein may be made by the attorney-general, district attorney, a candidate voted for at the election in respect to which the allegations in such petition may relate, or by any five qualified voters who voted at such election. Derivation: Election Law, § 211, as added by L. 1906, ch. 502, § 1.

§ 552. Undertaking for costs.

At the time of presenting the petition, the petitioner shall file with such court or justice thereof, an undertaking in a sum to be determined and with sureties to be approved by the court or justice thereof, conditioned to pay such costs and disbursements in such proceeding as shall be adjudged against him, as hereinafter provided, not exceeding the sum fixed in said undertaking. Upon the presentation of such petition and the giving of the security provided for in the foregoing section, the court or justice thereof shall forthwith issue an order, a copy of which order and petition shall be served personally upon the person or persons named in such petition or left at his or their last known place of residence not less than seventy-two hours prior to the return day thereof, and directing them to appear and show cause at a day cer tain within ten days after the issue of the order, why such person or persons should not file a statement of election expenses, or

amend the statement already filed, and to furnish the court or justice thereof such further information as the court may require on the subject. Copies of such order shall be served on the attorney-general of the state and on the district attorney of the county wherein such statement is required to be filed.

Derivation: Election Law, § 212, as added by L. 1906, ch. 502, § 1, and amended by L. 1907, ch. 596, § 6.

§ 553. Time within which proceedings must be brought.

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Such petition shall be presented within fifty days after any election in respect to which the allegations of such petition shall relate if the statement mentioned therein was filed within the twenty days as herein required; but if the statement shall not have been filed within said twenty days, such petition may be presented at any time not more than sixty days after the filing of the statement. The said petition and order to show cause shall be filed, and any order or judgment made in the proceeding based thereon shall be entered in the office of the clerk of the county in which such election was held, if held wholly within a county, or otherwise in such other office as the court, or a justice thereof, shall direct.

Derivation: Election Law, § 213, as added by L. 1906, ch. 502, § 1, and amended by L. 1907, ch. 596, § 7.

Time for filing petition. The requirement of the statute that the petition should be filed within thirty days after the election was not satisfied by its presentation to a justice of the Supreme Court within that time. Such presentation, although the justice retained the petition, was not a filing of it within the meaning of the statute; and, the petition not having been filed within the prescribed period, the right to institute the inquest expired and the order directing the inquest should be vacated. Matter of Lance, (1907) 55 Misc. 13, 106 N. Y. Supp. 211.

§ 554. Proceedings to be summary.

Upon the return of the order to show cause provided for in section five hundred and fifty-two, the court, or justice, shall immediately, and in such manner as the court or justice shall direct, and without respect to any technical requirement, inquire into the facts and circumstances and into such violations of, or failure to comply with, the provisions of this article, as may be alleged in any such petition, or into such other facts and circumstances relative to any such election or to any contribution or expenditure made in connection therewith, which at any time, whether before or during the continuance of such inquest, the court or justice holding such inquest shall deem necessary to secure compliance with the provisions of this article or to punish for a violation thereof. Such other persons as the court, or justice, shall deem necessary or proper to join or bring in as parties to the said proceeding in order to make its order, judgment or writs effective, may be joined as parties in such manner and upon such notice as said court or justice shall direct.

Derivation: Election Law, § 214, as added by L. 1906, ch. 502, § 1, and amended by L. 1907, ch. 596, § 8.

Constitutionality. The provision of the Corrupt Practices Act L. 1906, ch. 502) for an application to the Supreme Court or to a justice thereof

and a summary inquest and judgment requiring a person or committee to file a statement or adjudging a person or committee guilty of contempt of court is in violation of the provision of the Constitution that no person shall be deprived of his liberty or his property without due process of law. Matter of Lance, (1907) 55 Misc. 13, 106 N. Y. Supp. 211.

§ 555. Preference over other causes.

The proceedings upon, and the investigation of, the charges set forth in said petition, shall take precedence and be preferred over all other actions or proceedings by or before said court, or justice thereof, and in case of appeals, in the appellate division and in the court of appeals. Derivation: Election Law, § 215, as added by L. 1906, ch. 502, § 1.

§ 556. Appeals.

Appeals may be taken to the appellate division of the supreme court, and to the court of appeals, from the orders herein provided for, in the same manner that appeals are taken from orders of the special term of the supreme court, and such appeals shall be considered by such appellate courts as appeals from orders.

Derivation: Election Law, § 216, as added by L. 1906, ch. 502, § 1.

§ 557 Subpoenas.

Any court or justice holding such inquest may issue subpoenas for witnesses, who shall be allowed the same fees, whose attendance may be enforced in the same manner, and who shall be subject to the same penalties, as if served with a subpœna in behalf of the state in a criminal prosecution in such court.

Derivation: Election Law, § 217, as added by L. 1906, ch. 502, § 1.

§ 558. Personal privilege of witnesses.

No person shall be excused from attending and testifying, or from producing any books, papers or other documents before the court, or justice thereof, upon any trial, investigation or hearing, under the provisions of this article, upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him, may tend to convict him of a crime, or subject him to a penalty or forfeiture; but no person shall be prosecuted or subjected to any penalty or forfeiture, for or on account of any transaction, matter or thing concerning which he may so testify, or produce evidence, documentary or otherwise, and no testimony so given or produced shall be received against him upon any criminal investigation or proceeding.

Derivation: Election Law, § 218, as added by L. 1906, ch. 502, § 1.

559. Conduct of hearing.

The attorney-general, a district attorney or some person designated by either, or by such court or justice, shall attend the inquest and examine the witnesses, and the persons or committees by or against whom the proceeding is brought shall have the right to appear by counsel at the inquest, produce evidence, and examine and cross

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