N.Y. Election Law § 16-114: Proceedings to compel filing of statements or corrected statements of campaign receipts, expenditures and contributions

§ 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.