Section 107. Prohibition against certain political activities; improper influence


Latest version.
  • 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.