Bill Text: NY A09885 | 2011-2012 | General Assembly | Amended
Bill Title: Enacts the "2012 fair elections act"; relates to providing for optional partial public financing of certain election campaigns in this state; relates to identification of the source of certain political contributions.
Spectrum: Partisan Bill (Democrat 61-0)
Status: (Introduced - Dead) 2012-05-10 - advanced to third reading cal.569 [A09885 Detail]
Download: New_York-2011-A09885-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 9885--D I N A S S E M B L Y April 19, 2012 ___________ Introduced by M. of A. SILVER, MILLMAN, WRIGHT, WEINSTEIN, GOTTFRIED, PEOPLES-STOKES, KAVANAGH -- Multi-Sponsored by -- M. of A. ABINANTI, BENEDETTO, BRAUNSTEIN, BRENNAN, BRINDISI, CAHILL, CANESTRARI, CLARK, COLTON, COOK, DINOWITZ, ENGLEBRIGHT, FARRELL, GALEF, GANTT, GLICK, GUNTHER, HEVESI, HOOPER, JACOBS, JAFFEE, LANCMAN, LATIMER, LENTOL, LIFTON, LUPARDO, McENENY, NOLAN, O'DONNELL, ORTIZ, PAULIN, PERRY, QUART, REILLY, P. RIVERA, ROSENTHAL, SWEENEY, WEISENBERG -- read once and referred to the Committee on Election Law -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the election law, in relation to enacting the "2012 Fair Elections Act"; to amend the election law, the state finance law and the tax law, in relation to providing for optional partial public financing of certain election campaigns in this state; and to amend the general business law, in relation to additional surcharges THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "2012 Fair Elections Act". 3 S 2. Legislative findings and declaration. The legislature declares 4 that it is in the public interest to create and ensure a truly democrat- 5 ic political system in which citizens, irrespective of their income, 6 status, or financial connections, are enabled and encouraged to compete 7 for public office. Therefore, the legislature finds it necessary to 8 establish a system of public financing for all qualified candidates for 9 state elective offices and constitutional convention delegates. 10 S 2-a. Sections 14-100, 14-102, 14-104, 14-106, 14-108, 14-110, 11 14-112, 14-114, 14-116, 14-118, 14-120, 14-122, 14-124, 14-126, 14-127, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15437-12-2 A. 9885--D 2 1 14-128 and 14-130 of the election law are designated title 1 and a new 2 title heading is added to read as follows: 3 RECEIPTS AND EXPENDITURES; GENERAL 4 S 3. Article 14 of the election law is amended by adding a new title 2 5 to read as follows: 6 TITLE II 7 PUBLIC FINANCING 8 SECTION 14-200. DEFINITIONS. 9 14-202. REPORTING REQUIREMENTS. 10 14-203. ELIGIBILITY. 11 14-204. QUALIFIED CAMPAIGN EXPENDITURES. 12 14-206. OPTIONAL PUBLIC FINANCING. 13 14-208. CONTRIBUTION AND RECEIPT LIMITATIONS. 14 14-210. LIMITATIONS ON THE RECEIPT OF PUBLIC FUNDS. 15 14-212. CAMPAIGN FINANCE BOARD; GENERAL POWERS AND DUTIES. 16 14-214. EXAMINATIONS AND AUDITS. 17 14-216. CIVIL ENFORCEMENT. 18 14-218. CRIMINAL PENALTIES. 19 14-220. REPORTS. 20 14-222. DEBATES. 21 14-224. DISTRIBUTIONS FROM CAMPAIGN FINANCE FUND. 22 S 14-200. DEFINITIONS. AS USED IN THIS TITLE, UNLESS ANOTHER MEANING 23 IS CLEARLY INDICATED: 24 1. THE TERM "BOARD" OR "CAMPAIGN FINANCE BOARD" MEANS THE BOARD 25 CREATED BY SECTION 14-212 OF THIS TITLE TO ADMINISTER THE CAMPAIGN 26 FINANCE FUND. 27 2. THE TERM "ELIGIBLE CANDIDATE" SHALL MEAN A CANDIDATE FOR NOMINATION 28 OR ELECTION TO ANY OF THE OFFICES OF GOVERNOR, LIEUTENANT GOVERNOR, 29 COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE STATE LEGISLATURE, AT-LARGE 30 DELEGATE TO A CONSTITUTIONAL CONVENTION OR DISTRICT DELEGATE TO A 31 CONSTITUTIONAL CONVENTION. 32 3. THE TERM "PARTICIPATING COMMITTEE" SHALL MEAN A SINGLE AUTHORIZED 33 POLITICAL COMMITTEE WHICH A CANDIDATE CERTIFIES IS THE COMMITTEE THAT 34 WILL SOLELY BE USED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM ESTAB- 35 LISHED BY THIS TITLE AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMA- 36 RY, GENERAL OR SPECIAL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT. A 37 MULTI-CANDIDATE COMMITTEE MAY NOT BE A PARTICIPATING COMMITTEE. 38 4. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE WHO IS 39 ELIGIBLE TO PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEM ESTAB- 40 LISHED BY THIS TITLE, HAS MET THE THRESHOLD FOR ELIGIBILITY AND HAS 41 ELECTED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM. 42 5. THE TERM "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR 43 ANY OFFICE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING UNDER THIS TITLE FOR A 44 COVERED ELECTION WHO FAILS TO FILE A STATEMENT IN THE FORM OF AN AFFIDA- 45 VIT PURSUANT TO SECTION 14-206 OF THIS TITLE. 46 6. THE TERM "MATCHABLE CONTRIBUTIONS" SHALL MEAN THAT PORTION OF THE 47 AGGREGATE CONTRIBUTIONS MADE (A) IN THE CASE OF A PRIMARY OR GENERAL 48 ELECTION, AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY OR GENER- 49 AL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT OR (B) IN THE CASE OF A 50 SPECIAL ELECTION, WITHIN SIX MONTHS OF SUCH ELECTION BY NATURAL PERSONS 51 RESIDENT IN THE STATE OF NEW YORK TO A CANDIDATE FOR NOMINATION OR 52 ELECTION TO ANY OF THE OFFICES COVERED BY THE PROVISIONS OF THIS TITLE 53 WHICH DO NOT EXCEED TWO HUNDRED FIFTY DOLLARS, WHICH HAVE BEEN REPORTED 54 IN FULL BY THE CANDIDATE'S PARTICIPATING COMMITTEE TO THE CAMPAIGN 55 FINANCE BOARD, INCLUDING THE CONTRIBUTOR'S FULL NAME AND RESIDENTIAL 56 ADDRESS. "MATCHABLE CONTRIBUTIONS" SHALL BE THE NET AMOUNT OF ANY MONE- A. 9885--D 3 1 TARY CONTRIBUTION REALIZED BY A CANDIDATE OR DESIGNATED COMMITTEE AFTER 2 DEDUCTING THE REASONABLE VALUE OF ANY GOODS OR SERVICES PROVIDED THE 3 CONTRIBUTOR IN CONNECTION WITH THE CONTRIBUTION, EXCEPT THAT CONTRIB- 4 UTIONS FROM ANY PERSON WHO HAS RECEIVED A PAYMENT OR ANYTHING OF VALUE 5 FROM SUCH COMMITTEE OR FROM A PERSON WHO IS AN OFFICER, DIRECTOR OR 6 EMPLOYEE OF, OR A PERSON WHO HAS A TEN PERCENT OR GREATER OWNERSHIP 7 INTEREST IN ANY ENTITY WHICH HAS RECEIVED SUCH A PAYMENT OR THING OF 8 VALUE SHALL NOT BE MATCHABLE. A LOAN MAY NOT BE TREATED AS A MATCHABLE 9 CONTRIBUTION. 10 7. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE 11 FOR WHICH PUBLIC FUNDS MAY BE USED. 12 8. THE TERM "FUND" SHALL MEAN THE NEW YORK STATE CAMPAIGN FINANCE FUND 13 CREATED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW. 14 9. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF TOTAL 15 MATCHABLE CONTRIBUTIONS THAT THE PARTICIPATING COMMITTEE OF AN OTHERWISE 16 ELIGIBLE CANDIDATE MUST RECEIVE, AS REQUIRED BY SECTION 14-203 OF THIS 17 TITLE, IN ORDER TO QUALIFY FOR OPTIONAL PUBLIC FINANCING PURSUANT TO 18 THIS TITLE. 19 10. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS IN SUBDIVI- 20 SION NINE OF SECTION 14-100 OF THIS ARTICLE. 21 S 14-202. REPORTING REQUIREMENTS. 1. EVERY PARTICIPATING CANDIDATE 22 SHALL NOT DESIGNATE MORE THAN ONE AUTHORIZED COMMITTEE. BEFORE RECEIVING 23 ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR A COVERED ELECTION, EACH 24 PARTICIPATING CANDIDATE SHALL NOTIFY THE STATE BOARD OF ELECTIONS AND 25 THE BOARD AS TO THE EXISTENCE OF HIS OR HER AUTHORIZED COMMITTEE THAT 26 HAS BEEN DESIGNATED AND APPROVED BY SUCH CANDIDATE. EACH SUCH AUTHORIZED 27 COMMITTEE SHALL, BEFORE OPENING A COMMITTEE BANK ACCOUNT, RECEIVING ANY 28 CONTRIBUTION OR MAKING ANY EXPENDITURE FOR A COVERED ELECTION: 29 (A) DESIGNATE A TREASURER; AND 30 (B) OBTAIN A TAX IDENTIFICATION NUMBER FROM THE INTERNAL REVENUE 31 SERVICE. 32 2. DISCLOSURE. (A) EVERY PARTICIPATING CANDIDATE SHALL FILE FINANCIAL 33 DISCLOSURE REPORTS WITH THE STATE BOARD OF ELECTIONS AS REQUIRED BY 34 TITLE ONE OF THIS ARTICLE. COPIES OF SUCH REPORTS SHALL ALSO BE SUBMIT- 35 TED TO THE CAMPAIGN FINANCE BOARD CREATED PURSUANT TO THIS ARTICLE AT 36 THE SAME TIME SUCH REPORTS ARE FILED WITH THE STATE BOARD OF ELECTIONS. 37 (B) THE CAMPAIGN FINANCE BOARD SHALL REVIEW EACH DISCLOSURE REPORT 38 FILED WITH THE STATE BOARD OF ELECTIONS PURSUANT TO TITLE ONE OF THIS 39 ARTICLE AND SHALL INFORM PARTICIPATING CANDIDATES AND POLITICAL COMMIT- 40 TEES INCLUDING THE AUTHORIZED COMMITTEE, OF RELEVANT QUESTIONS THE 41 CAMPAIGN FINANCE BOARD HAS CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS 42 OF THIS TITLE AND OF THE RULES ISSUED BY THE CAMPAIGN FINANCE BOARD; AND 43 (II) QUALIFICATION FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO THIS 44 TITLE. IN THE COURSE OF SUCH REVIEW, THE CAMPAIGN FINANCE BOARD SHALL 45 GIVE CANDIDATES AND POLITICAL COMMITTEES INCLUDING THE AUTHORIZED 46 COMMITTEE, AN OPPORTUNITY TO RESPOND TO AND CORRECT POTENTIAL VIOLATIONS 47 AND GIVE CANDIDATES AN OPPORTUNITY TO ADDRESS QUESTIONS THE BOARD HAS 48 CONCERNING THEIR MATCHABLE CONTRIBUTION CLAIMS OR OTHER ISSUES CONCERN- 49 ING ELIGIBILITY FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO THIS 50 TITLE. NOTHING IN THIS PARAGRAPH SHALL PRECLUDE THE BOARD FROM SUBSE- 51 QUENTLY REVIEWING SUCH A DISCLOSURE REPORT AND TAKING ANY ACTION OTHER- 52 WISE AUTHORIZED BY THIS TITLE. 53 (C) ONLY ITEMIZED CONTRIBUTIONS CONTAINED IN REPORTS FILED WITH THE 54 STATE BOARD OF ELECTIONS SHALL BE ELIGIBLE FOR MATCHING FUNDS PURSUANT 55 TO THIS TITLE. A. 9885--D 4 1 S 14-203. ELIGIBILITY. 1. TO BE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING 2 UNDER THIS TITLE, A CANDIDATE FOR NOMINATION OR ELECTION MUST: 3 (A) MEET ALL THE REQUIREMENTS OF THIS CHAPTER AND OTHER PROVISIONS OF 4 LAW TO HAVE HIS OR HER NAME ON THE BALLOT; 5 (B) BE A CANDIDATE FOR STATEWIDE OFFICE, THE STATE LEGISLATURE OR 6 DELEGATE TO A CONSTITUTIONAL CONVENTION AT A PRIMARY, GENERAL OR SPECIAL 7 ELECTION AND MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION 8 TWO OF THIS SECTION; 9 (C) ELECT TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM ESTABLISHED BY 10 THIS TITLE NOT LATER THAN SEVEN DAYS AFTER THE LAST DAY TO FILE DESIG- 11 NATING PETITIONS FOR THE OFFICE SUCH CANDIDATE IS SEEKING OR, IN THE 12 CASE OF A SPECIAL ELECTION, NOT LATER THAN THE LAST DAY TO FILE NOMINAT- 13 ING CERTIFICATES FOR SUCH OFFICE; 14 (D) AGREE TO OBTAIN AND FURNISH TO THE CAMPAIGN FINANCE BOARD ANY 15 EVIDENCE IT MAY REASONABLY REQUEST RELATING TO HIS OR HER CAMPAIGN 16 EXPENDITURES OR CONTRIBUTIONS AND FURNISH SUCH OTHER PROOF OF COMPLIANCE 17 WITH THIS TITLE AS MAY BE REQUESTED BY THE BOARD; 18 (E) HAVE A SINGLE AUTHORIZED POLITICAL COMMITTEE WHICH HE OR SHE 19 CERTIFIES AS THE PARTICIPATING COMMITTEE FOR THE PURPOSES OF THIS TITLE; 20 AND 21 (F) AGREE TO IDENTIFY ACCURATELY IN ALL CAMPAIGN MATERIALS THE PERSON 22 OR ENTITY THAT PAID FOR SUCH CAMPAIGN MATERIAL. 23 2. THE THRESHOLD FOR ELIGIBILITY FOR PUBLIC FUNDING FOR CANDIDATES IN 24 A PRIMARY, GENERAL OR SPECIAL ELECTION FOR THE FOLLOWING OFFICES SHALL 25 BE: 26 (A) GOVERNOR IN A PRIMARY OR GENERAL ELECTION. NOT LESS THAN SIX 27 HUNDRED FIFTY THOUSAND DOLLARS FROM AT LEAST SIX THOUSAND FIVE HUNDRED 28 MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY 29 DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE. 30 (B) LIEUTENANT GOVERNOR IN A PRIMARY ELECTION AND COMPTROLLER OR 31 ATTORNEY GENERAL IN A PRIMARY OR GENERAL ELECTION. NOT LESS THAN TWO 32 HUNDRED THOUSAND DOLLARS FROM AT LEAST TWO THOUSAND MATCHABLE CONTRIB- 33 UTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY DOLLARS PER INDIVIDUAL 34 CONTRIBUTOR WHO RESIDES IN NEW YORK STATE. 35 (C) MEMBERS OF THE STATE SENATE IN A PRIMARY, GENERAL OR SPECIAL 36 ELECTION. NOT LESS THAN TWENTY THOUSAND DOLLARS FROM AT LEAST TWO 37 HUNDRED MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED 38 FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE 39 INCLUDING AT LEAST TEN THOUSAND DOLLARS FROM AT LEAST ONE HUNDRED TWEN- 40 TY-FIVE INDIVIDUAL CONTRIBUTORS WHO RESIDE IN THE SENATE DISTRICT IN 41 WHICH THE SEAT IS TO BE FILLED. 42 (D) MEMBERS OF THE ASSEMBLY IN A PRIMARY, GENERAL OR SPECIAL ELECTION. 43 NOT LESS THAN TEN THOUSAND DOLLARS FROM AT LEAST ONE HUNDRED MATCHABLE 44 CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY DOLLARS PER 45 INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE INCLUDING AT LEAST 46 FIVE THOUSAND DOLLARS FROM AT LEAST FIFTY INDIVIDUALS WHO RESIDE IN THE 47 ASSEMBLY DISTRICT IN WHICH THE SEAT IS TO BE FILLED. 48 (E) AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION IN A PRIMARY OR 49 GENERAL ELECTION. NOT LESS THAN TWENTY THOUSAND DOLLARS FROM AT LEAST 50 TWO HUNDRED MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED 51 FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE. 52 (F) DISTRICT DELEGATE TO A CONSTITUTIONAL CONVENTION IN A PRIMARY OR 53 GENERAL ELECTION. NOT LESS THAN FIVE THOUSAND DOLLARS FROM AT LEAST 54 FIFTY MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY 55 DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN THE DISTRICT IN WHICH 56 THE SEAT IS TO BE FILLED. A. 9885--D 5 1 3. IN ORDER TO BE ELIGIBLE TO RECEIVE PUBLIC FUNDS IN A PRIMARY 2 ELECTION A CANDIDATE MUST AGREE, THAT IN THE EVENT SUCH CANDIDATE IS A 3 CANDIDATE FOR SUCH OFFICE IN THE GENERAL ELECTION IN SUCH YEAR, THAT 4 SUCH CANDIDATE WILL BE BOUND BY THE PROVISIONS OF THIS TITLE, INCLUDING, 5 BUT NOT LIMITED TO, THE PUBLIC FUNDS RECEIPT LIMITS OF THIS TITLE. 6 4. CANDIDATES WHO ARE CONTESTED IN A PRIMARY ELECTION AND WHO DO NOT 7 SEEK PUBLIC FUNDS SHALL NOT BE ELIGIBLE FOR PUBLIC FUNDS FOR THE GENERAL 8 ELECTION IN THAT YEAR. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT 9 APPLY TO CANDIDATES FOR THE OFFICE OF LIEUTENANT GOVERNOR. 10 5. CANDIDATES WHO ARE UNOPPOSED IN A GENERAL OR SPECIAL ELECTION SHALL 11 NOT BE ELIGIBLE TO RECEIVE PUBLIC FUNDS. 12 6. NO CANDIDATE FOR ELECTION TO AN OFFICE IN A PRIMARY, GENERAL OR 13 SPECIAL ELECTION WHO HAS ELECTED TO PARTICIPATE IN THE PUBLIC FINANCING 14 SYSTEM SHALL BE DEEMED OPPOSED AND RECEIVE PUBLIC FUNDS UNLESS THERE IS 15 AT LEAST ONE OTHER CANDIDATE FOR SUCH OFFICE IN SUCH ELECTION AND SUCH 16 OTHER CANDIDATE RAISES AT LEAST TEN PERCENT OF THE PARTICIPATING CANDI- 17 DATE'S PRIMARY RECEIPT LIMIT. 18 S 14-204. QUALIFIED CAMPAIGN EXPENDITURES. 1. PUBLIC FUNDS PROVIDED 19 UNDER THE PROVISIONS OF THIS TITLE MAY ONLY BE USED FOR EXPENDITURES BY 20 THE PARTICIPATING COMMITTEE AUTHORIZED BY THE CANDIDATE TO MAKE EXPENDI- 21 TURES ON SUCH CANDIDATE'S BEHALF, TO FURTHER THE CANDIDATE'S NOMINATION 22 OR ELECTION AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY OR 23 GENERAL ELECTION IS HELD FOR THE OFFICE SOUGHT, FOR SERVICES, MATERIALS, 24 FACILITIES OR OTHER THINGS OF VALUE USED DURING THAT CAMPAIGN CYCLE OR, 25 IN THE CASE OF A SPECIAL ELECTION, FOR EXPENDITURES DURING THE PERIOD 26 COMMENCING THREE MONTHS BEFORE AND ENDING ONE MONTH AFTER SUCH SPECIAL 27 ELECTION. 28 2. SUCH PUBLIC FUNDS MAY NOT BE USED FOR: 29 (A) AN EXPENDITURE IN VIOLATION OF ANY LAW OF THE UNITED STATES OR OF 30 THIS STATE; 31 (B) PAYMENTS OR ANYTHING OF VALUE GIVEN OR MADE TO THE CANDIDATE, A 32 RELATIVE OF THE CANDIDATE, OR TO A BUSINESS ENTITY IN WHICH ANY SUCH 33 PERSON HAS A TEN PERCENT OR GREATER OWNERSHIP INTEREST OR OF WHICH ANY 34 SUCH PERSON IS AN OFFICER, DIRECTOR OR EMPLOYEE; 35 (C) PAYMENT IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES, MATERIALS, 36 FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE; 37 (D) ANY EXPENDITURE MADE AFTER THE PARTICIPATING CANDIDATE, OR THE 38 ONLY REMAINING OPPONENT OF SUCH CANDIDATE, HAS BEEN DISQUALIFIED OR HAD 39 SUCH CANDIDATE'S PETITIONS DECLARED INVALID BY A BOARD OF ELECTIONS OR A 40 COURT OF COMPETENT JURISDICTION UNTIL AND UNLESS SUCH FINDING IS 41 REVERSED BY A HIGHER AUTHORITY. 42 (E) ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF 43 DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION, ACCEPTANCE, 44 AUTHORIZATION, DECLINATION OR SUBSTITUTION; 45 (F) EXPENDITURE FOR NONCAMPAIGN RELATED FOOD, DRINK OR ENTERTAINMENT; 46 AND 47 (G) GIFTS. 48 S 14-206. OPTIONAL PUBLIC FINANCING. 1. PARTICIPATING CANDIDATES FOR 49 NOMINATION OR ELECTION IN PRIMARY, GENERAL AND SPECIAL ELECTIONS MAY 50 OBTAIN PAYMENT TO A PARTICIPATING COMMITTEE FROM PUBLIC FUNDS FOR QUALI- 51 FIED CAMPAIGN EXPENDITURES. NO SUCH PUBLIC FUNDS SHALL BE PAID TO A 52 PARTICIPATING COMMITTEE UNTIL THE CANDIDATE HAS QUALIFIED TO APPEAR ON 53 THE BALLOT AND FILED A SWORN STATEMENT WITH THE CAMPAIGN FINANCE BOARD 54 ELECTING TO PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEM AND 55 AGREEING TO ABIDE BY THE REQUIREMENTS OF THIS TITLE. PAYMENTS SHALL NOT 56 EXCEED THE AMOUNTS SPECIFIED IN THIS TITLE, AND SHALL BE MADE ONLY IN A. 9885--D 6 1 ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. SUCH PAYMENTS MAY ONLY BE 2 MADE TO A PARTICIPATING CANDIDATE'S PARTICIPATING COMMITTEE. NO PUBLIC 3 FUNDS SHALL BE USED EXCEPT AS REIMBURSEMENT OR PAYMENT FOR QUALIFIED 4 CAMPAIGN EXPENDITURES ACTUALLY AND LAWFULLY INCURRED OR TO REPAY LOANS 5 USED TO PAY QUALIFIED CAMPAIGN EXPENDITURES. 6 2. THE PARTICIPATING COMMITTEE OF EACH PARTICIPATING CANDIDATE SHALL 7 BE ENTITLED TO SIX DOLLARS IN PUBLIC FUNDS FOR EACH ONE DOLLAR OF MATCH- 8 ABLE CONTRIBUTIONS OBTAINED AND REPORTED TO THE CAMPAIGN FINANCE BOARD 9 IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE, PROVIDED, HOWEVER, SUCH 10 PUBLIC FUNDS SHALL ONLY BE USED FOR QUALIFIED CAMPAIGN EXPENDITURES. 11 3. (A) NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS 12 UNOPPOSED IN A PRIMARY ELECTION SHALL BE ENTITLED TO PAYMENT FROM THE 13 FUND FOR QUALIFIED CAMPAIGN EXPENDITURES. 14 (B) WHERE THERE IS A CONTEST IN SUCH PRIMARY FOR THE NOMINATION OF AT 15 LEAST ONE OTHER PARTY FOR SUCH OFFICE, THE PARTICIPATING COMMITTEE OF AN 16 UNOPPOSED PARTICIPATING CANDIDATE FOR NOMINATION MAY RAISE AND SPEND AN 17 AMOUNT EQUAL TO ONE-HALF THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE, 18 AS FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC 19 FUNDS, WITH CONTRIBUTIONS OF UP TO TWO THOUSAND DOLLARS PER CONTRIBUTOR. 20 SUCH PAYMENT CAN ONLY BE EXPENDED FOR PROPERTY, SERVICES OR FACILITIES 21 USED ON OR BEFORE THE DATE OF SUCH PRIMARY ELECTION. 22 4. THE CAMPAIGN FINANCE BOARD SHALL PROMPTLY EXAMINE ALL REPORTS OF 23 CONTRIBUTIONS TO DETERMINE WHETHER, ON THEIR FACE, THEY MEET THE 24 REQUIREMENTS FOR MATCHABLE CONTRIBUTIONS, AND SHALL KEEP A RECORD OF 25 SUCH CONTRIBUTIONS. 26 5. THE CAMPAIGN FINANCE BOARD SHALL PROMULGATE REGULATIONS FOR THE 27 CERTIFICATION OF THE AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER, FROM 28 THE FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE STATE 29 FINANCE LAW, TO A PARTICIPATING CANDIDATE THAT HAS QUALIFIED TO RECEIVE 30 SUCH PAYMENT. THESE REGULATIONS SHALL INCLUDE THE PROMULGATION AND 31 DISTRIBUTION OF FORMS ON WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO BE 32 REPORTED, THE PERIODS DURING WHICH SUCH REPORTS MUST BE FILED AND THE 33 VERIFICATION REQUIRED. THE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL 34 MAKE POSSIBLE PAYMENT BY THE FUND WITHIN TWO BUSINESS DAYS AFTER RECEIPT 35 OF THE REQUIRED FORMS AND VERIFICATIONS. 36 S 14-208. CONTRIBUTION AND RECEIPT LIMITATIONS. 1. IN ANY PRIMARY, 37 SPECIAL OR GENERAL ELECTION FOR ANY STATEWIDE OFFICE, STATE LEGISLATIVE 38 OFFICE OR CONSTITUTIONAL CONVENTION DELEGATE NO CONTRIBUTOR MAY MAKE A 39 CONTRIBUTION TO ANY PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S PARTIC- 40 IPATING COMMITTEE, AND NO PARTICIPATING CANDIDATE OR PARTICIPATING 41 COMMITTEE MAY ACCEPT ANY CONTRIBUTION FROM ANY CONTRIBUTOR WHICH, IN THE 42 AGGREGATE AMOUNT, IS GREATER THAN TWO THOUSAND DOLLARS. 43 2. (A) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE 44 AS FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC 45 FUNDS, A PARTICIPATING CANDIDATE FOR GOVERNOR OR LIEUTENANT GOVERNOR IN 46 A PRIMARY OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING COMMIT- 47 TEE MAY ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS NOMINATED 48 SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT 49 EXCEED TWO MILLION FIVE HUNDRED THOUSAND DOLLARS; PROVIDED, HOWEVER, 50 THAT TWENTY-FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A 51 TRANSFER. 52 (B) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS 53 FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC 54 FUNDS, A PARTICIPATING CANDIDATE FOR ATTORNEY GENERAL OR COMPTROLLER IN 55 A PRIMARY OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING COMMIT- 56 TEE MAY ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS NOMINATED A. 9885--D 7 1 SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT 2 EXCEED ONE MILLION DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE PERCENT 3 OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER. 4 (C) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS 5 FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC 6 FUNDS, A PARTICIPATING CANDIDATE FOR STATE SENATOR IN A PRIMARY, GENERAL 7 OR SPECIAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE MAY 8 ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS NOMINATED SUCH 9 CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT 10 EXCEED ONE HUNDRED THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE 11 PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER. 12 (D) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS 13 FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC 14 FUNDS, A PARTICIPATING CANDIDATE FOR MEMBER OF THE ASSEMBLY IN A PRIMA- 15 RY, GENERAL OR SPECIAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING 16 COMMITTEE MAY ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS NOMI- 17 NATED SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES 18 NOT EXCEED FIFTY THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE 19 PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER. 20 (E) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS 21 FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC 22 FUNDS, A PARTICIPATING CANDIDATE FOR DELEGATE AT-LARGE TO A CONSTITU- 23 TIONAL CONVENTION IN A GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPAT- 24 ING COMMITTEE MAY ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS 25 NOMINATED SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, 26 DOES NOT EXCEED FIFTY THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY- 27 FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER. 28 (F) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS 29 FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC 30 FUNDS, A PARTICIPATING CANDIDATE FOR DISTRICT DELEGATE TO A CONSTITU- 31 TIONAL CONVENTION IN A GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPAT- 32 ING COMMITTEE MAY ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS 33 NOMINATED SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, 34 DOES NOT EXCEED TEN THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT 35 TWENTY-FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A 36 TRANSFER. 37 (G) FOR PURPOSES OF THIS SUBDIVISION, THE TERM STATE CONSTITUTED 38 COMMITTEE INCLUDES ANY OF ITS SUBCOMMITTEES. 39 3. NOTWITHSTANDING ANY PUBLIC FUNDS RECEIPT LIMIT IN THIS SUBDIVISION, 40 EACH COUNTY COMMITTEE OF ANY PARTY WHICH NOMINATES A CANDIDATE FOR 41 STATEWIDE OFFICE OR STATE LEGISLATIVE OFFICE, INCLUDING WITHIN THE TERM 42 COUNTY COMMITTEE ANY OF ITS SUBCOMMITTEES, MAY EXPEND IN SUPPORT OF SUCH 43 PARTY'S CANDIDATES FOR STATEWIDE OFFICE OR STATE LEGISLATIVE OFFICE WHO 44 HAS AGREED TO ACCEPT PUBLIC FINANCING, AN AMOUNT WHICH SHALL NOT EXCEED 45 THE SUM OF TWO CENTS FOR EACH VOTER REGISTERED IN SUCH COUNTY AS DETER- 46 MINED BY THE RECORDS OF THE APPROPRIATE BOARD OF ELECTIONS AS OF THE 47 PRECEDING GENERAL ELECTION. 48 4. IN COMPUTING THE AGGREGATE AMOUNT EXPENDED FOR PURPOSES OF THIS 49 SECTION, EXPENDITURES MADE BY A STATE CONSTITUTED COMMITTEE OR A COUNTY 50 COMMITTEE IN SUPPORT OF MORE THAN ONE CANDIDATE SHALL BE ALLOCATED AMONG 51 SUCH CANDIDATES SUPPORTED BY THE COMMITTEE IN ACCORDANCE WITH FORMULAS 52 PROMULGATED BY THE CAMPAIGN FINANCE BOARD OR, IN THE ABSENCE OF SUCH 53 OFFICIAL FORMULAS, IN ACCORDANCE WITH A FORMULA BASED UPON REASONABLE 54 STANDARDS. THE STATEMENTS FILED BY SUCH CONSTITUTED COMMITTEE IN ACCORD- 55 ANCE WITH THIS CHAPTER SHALL SET FORTH, IN ADDITION TO THE OTHER INFOR- 56 MATION REQUIRED, THE TOTAL AMOUNT EXPENDED BY THE PARTY COMMITTEE ON A. 9885--D 8 1 BEHALF OF ALL SUCH CANDIDATES AND THE AMOUNT ALLOCATED TO EACH CANDIDATE 2 BY DOLLAR AMOUNT AND PERCENTAGE. EXPENDITURES BY A PARTY FOR ACTIVITIES 3 WHICH DO NOT SUPPORT OR OPPOSE THE ELECTION OF ANY CANDIDATE OR CANDI- 4 DATES BY NAME OR BY CLEAR INFERENCE SHALL NOT BE REGARDED AS EXPENDI- 5 TURES ON BEHALF OF OR IN OPPOSITION TO A CANDIDATE. 6 5. A PARTICIPATING CANDIDATE FOR A PUBLIC OFFICE FOR WHICH PUBLIC 7 FUNDS ARE AVAILABLE PURSUANT TO THIS TITLE SHALL NOT ACCEPT ANY CONTRIB- 8 UTIONS ANY EARLIER THAN ONE DAY AFTER THE PREVIOUS GENERAL ELECTION FOR 9 THE OFFICE WHICH SUCH CANDIDATE IS SEEKING, OR ANY LATER THAN THE DAY OF 10 THE GENERAL ELECTION FOR THE OFFICE SOUGHT, EXCEPT THAT A PARTICIPATING 11 CANDIDATE OR PARTICIPATING COMMITTEE WHICH HAS A DEFICIT ON THE DAY OF 12 THE GENERAL ELECTION MAY, AFTER SUCH DATE, ACCEPT CONTRIBUTIONS WHICH DO 13 NOT EXCEED THE AMOUNT OF SUCH DEFICIT AND THE EXPENSES INCURRED IN RAIS- 14 ING SUCH CONTRIBUTIONS OR THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED 15 BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS. 16 CONTRIBUTIONS TO A PARTICIPATING CANDIDATE OR PARTICIPATING COMMITTEE 17 WHICH WERE RECEIVED BEFORE THE EFFECTIVE DATE OF THIS TITLE MAY NOT BE 18 EXPENDED IN ANY ELECTION FOR ANY SUCH OFFICE. 19 6. EXCEPT FOR THE LIMITATIONS SPECIFICALLY SET FORTH IN THIS SECTION, 20 PARTICIPATING CANDIDATES SHALL BE SUBJECT TO THE PROVISIONS OF THIS 21 ARTICLE. 22 S 14-210. LIMITATIONS ON THE RECEIPT OF PUBLIC FUNDS. THE FOLLOWING 23 LIMITATIONS APPLY TO THE RECEIPT OF PUBLIC FUNDS BY PARTICIPATING CANDI- 24 DATES AND THEIR PARTICIPATING COMMITTEES RECEIVING SUCH PUBLIC FUNDS 25 PURSUANT TO THE PROVISIONS OF THIS TITLE: 26 1. IN ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS BY PARTICIPATING 27 CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED: 28 (I) FOR GOVERNOR, THE SUM OF NINE MILLION DOLLARS; 29 (II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM 30 OF SIX MILLION DOLLARS; 31 (III) FOR SENATOR, THE SUM OF THREE HUNDRED FIFTY THOUSAND DOLLARS; 32 (IV) FOR MEMBER OF THE ASSEMBLY, THE SUM OF ONE HUNDRED FIFTY THOUSAND 33 DOLLARS; 34 (V) FOR AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION, THE SUM OF 35 ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS; 36 (VI) FOR DISTRICT DELEGATES TO A CONSTITUTIONAL CONVENTION, THE SUM OF 37 FIFTY THOUSAND DOLLARS; 38 2. IN ANY GENERAL OR SPECIAL ELECTION, RECEIPT OF PUBLIC FUNDS BY 39 PARTICIPATING CANDIDATES FOR THE FOLLOWING OFFICES AND BY THEIR PARTIC- 40 IPATING COMMITTEES SHALL NOT EXCEED THE FOLLOWING AMOUNTS: 41 CANDIDATES FOR ELECTION TO THE OFFICE OF: 42 GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED) $12,000,000 43 ATTORNEY GENERAL $8,000,000 44 COMPTROLLER $8,000,000 45 MEMBER OF SENATE $350,000 46 MEMBER OF ASSEMBLY $150,000 47 DELEGATE AT-LARGE TO A CONSTITUTIONAL CONVENTION $350,000 48 DISTRICT DELEGATE TO A CONSTITUTIONAL CONVENTION $75,000 49 3. PARTICIPATING CANDIDATES FOR OFFICE WHO ARE UNOPPOSED IN THE PRIMA- 50 RY ELECTION MAY RECEIVE PUBLIC FUNDS BEFORE THE PRIMARY ELECTION, FOR 51 SERVICES, MATERIALS OR FACILITIES USED ON OR BEFORE THE DATE OF SUCH 52 PRIMARY ELECTION, AN AMOUNT EQUAL TO HALF THE SUM SUCH CANDIDATES WOULD 53 BE ENTITLED TO RECEIVE IF THEIR NOMINATION WAS CONTESTED IN SUCH PRIMARY 54 ELECTION PROVIDED THERE IS A PRIMARY CONTEST FOR THE NOMINATION OF AT 55 LEAST ONE OTHER PARTY FOR SUCH OFFICE. A. 9885--D 9 1 4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE AMOUNT OF 2 PRIVATE FUNDS A PARTICIPATING CANDIDATE MAY RECEIVE SUBJECT TO THE 3 CONTRIBUTION LIMITS CONTAINED IN SECTION 14-208 OF THIS TITLE. 4 S 14-212. CAMPAIGN FINANCE BOARD; GENERAL POWERS AND DUTIES. 1. THERE 5 SHALL BE A BOARD WITHIN THE STATE BOARD OF ELECTIONS KNOWN AS THE 6 "CAMPAIGN FINANCE BOARD" COMPOSED OF FIVE MEMBERS, OF WHICH ONE MEMBER 7 SHALL BE APPOINTED BY THE GOVERNOR AND ONE MEMBER SHALL BE APPOINTED BY 8 EACH LEGISLATIVE LEADER OF THE SENATE AND ASSEMBLY. NO MEMBER OF THE 9 CAMPAIGN FINANCE BOARD SHALL HOLD ELECTIVE OFFICE, NOR SHALL ANY MEMBER 10 BE A LOBBYIST AS DEFINED IN SUBDIVISION (A) OF SECTION ONE-C OF THE 11 LEGISLATIVE LAW. THE CHAIR SHALL BE RESPONSIBLE FOR MANAGING THE 12 CAMPAIGN FINANCE BOARD. THE MEMBERS SHALL EACH SERVE FOR A TERM OF FOUR 13 YEARS. 14 2. EACH MEMBER'S TERM SHALL COMMENCE ON JUNE FIRST, TWO THOUSAND THIR- 15 TEEN. IN CASE OF A VACANCY IN THE OFFICE OF A MEMBER, A MEMBER SHALL BE 16 APPOINTED ACCORDING TO THE ORIGINAL MANNER OF APPOINTMENT. EACH MEMBER 17 SHALL BE A RESIDENT OF THE STATE OF NEW YORK AND REGISTERED TO VOTE 18 THEREIN. EACH MEMBER SHALL AGREE NOT TO MAKE AND SHALL NOT MAKE CONTRIB- 19 UTIONS TO ANY CANDIDATE OR AUTHORIZED COMMITTEE FOR NOMINATION FOR 20 ELECTION OR FOR ELECTION TO THE OFFICE OF STATE COMPTROLLER. NO MEMBER 21 SHALL SERVE AS AN OFFICER OF A POLITICAL PARTY OR COMMITTEE OR BE A 22 CANDIDATE OR PARTICIPATE IN ANY CAPACITY IN A CAMPAIGN BY A CANDIDATE 23 FOR NOMINATION FOR ELECTION, OR FOR ELECTION TO THE OFFICE OF STATE 24 COMPTROLLER. AN OFFICER OR EMPLOYEE OF THE STATE OR ANY STATE AGENCY 25 SHALL NOT BE ELIGIBLE TO BE A MEMBER OF THE CAMPAIGN FINANCE BOARD. 26 3. THE MEMBERS OF THE CAMPAIGN FINANCE BOARD SHALL BE ENTITLED TO 27 RECEIVE PAYMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE 28 PERFORMANCE OF THEIR DUTIES AS MEMBERS OF SUCH BOARD. 29 4. THE CAMPAIGN FINANCE BOARD MAY EMPLOY OR SHALL UTILIZE EXISTING 30 STAFF OF THE STATE BOARD OF ELECTIONS AS MAY BE NECESSARY, INCLUDING AN 31 EXECUTIVE DIRECTOR AND A COUNSEL, AND MAKE NECESSARY EXPENDITURES 32 SUBJECT TO APPROPRIATION. THE CAMPAIGN FINANCE BOARD SHALL RETAIN AN 33 INDEPENDENT AUDITOR TO PERFORM ONGOING AUDITS OF EACH COVERED ELECTION 34 BY CONTRACT ENTERED INTO PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE OF 35 THE STATE FINANCE LAW. 36 5. A MEMBER OF THE CAMPAIGN FINANCE BOARD MAY BE REMOVED FOR CAUSE BY 37 THE APPOINTING AUTHORITY UPON NOTICE AND AN OPPORTUNITY FOR A HEARING. 38 6. IN ADDITION TO THE ENFORCEMENT POWERS, AND ANY OTHER POWERS AND 39 DUTIES SPECIFIED BY LAW, THE CAMPAIGN FINANCE BOARD SHALL: 40 (A)(I) RENDER ADVISORY OPINIONS WITH RESPECT TO QUESTIONS ARISING 41 UNDER THIS TITLE UPON THE WRITTEN REQUEST OF A CANDIDATE, AN OFFICER OF 42 A POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITI- 43 ATIVE; (II) PROMULGATE RULES REGARDING REASONABLE TIMES TO RESPOND TO 44 SUCH REQUESTS; AND (III) MAKE PUBLIC THE QUESTIONS OF INTERPRETATION FOR 45 WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE CAMPAIGN FINANCE BOARD 46 AND ITS ADVISORY OPINIONS, INCLUDING BY PUBLICATION ON ITS WEBSITE; 47 (B) DEVELOP A PROGRAM FOR INFORMING AND TRAINING CANDIDATES AND THE 48 PUBLIC AS TO THE PURPOSE AND EFFECT OF THE PROVISIONS OF THIS TITLE, 49 INCLUDING BY MEANS OF A WEBSITE; 50 (C) HAVE THE AUTHORITY TO PROMULGATE SUCH RULES AND REGULATIONS AND 51 PRESCRIBE SUCH FORMS AS THE CAMPAIGN FINANCE BOARD DEEMS NECESSARY FOR 52 THE ADMINISTRATION OF THIS TITLE; AND 53 (D) IN CONJUNCTION WITH THE STATE BOARD OF ELECTIONS DEVELOP AN INTER- 54 ACTIVE, SEARCHABLE COMPUTER DATABASE THAT SHALL CONTAIN ALL INFORMATION 55 NECESSARY FOR THE PROPER ADMINISTRATION OF THIS TITLE INCLUDING INFORMA- 56 TION ON CONTRIBUTIONS TO AND EXPENDITURES BY CANDIDATES AND THEIR A. 9885--D 10 1 AUTHORIZED COMMITTEES AND DISTRIBUTIONS OF MONEYS FROM THE FUND AND 2 SHALL BE ACCESSIBLE TO THE PUBLIC ON THE STATE BOARD OF ELECTIONS' 3 WEBSITE. 4 7. CONSISTENT WITH THE PROVISIONS OF THE CIVIL SERVICE LAW AND SUBDI- 5 VISION SEVENTEEN OF SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW, 6 AND NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, ALL 7 POSITIONS ON THE STAFF OF THE CAMPAIGN FINANCE BOARD SHALL BE CLASSIFIED 8 IN THE EXEMPT CLASS OF THE CIVIL SERVICE AND SUCH POSITIONS SHALL BE 9 FILLED, TO THE EXTENT POSSIBLE, WITH AN EQUAL NUMBER OF PERSONS FROM 10 EACH OF THE TWO POLITICAL PARTIES FOR WHICH THE HIGHEST AND THE NEXT 11 HIGHEST NUMBER OF VOTES WERE CAST FOR THE OFFICE OF STATE COMPTROLLER AT 12 THE LAST PRECEDING GENERAL ELECTION FOR SUCH OFFICE. 13 8. THE CAMPAIGN FINANCE BOARD'S ADMINISTRATION OF THE FUND SHALL BE 14 GOVERNED BY THE PROVISIONS OF THIS TITLE AND SECTION NINETY-TWO-T OF THE 15 STATE FINANCE LAW. 16 9. THE CAMPAIGN FINANCE BOARD AND ITS PROCEEDINGS SHALL BE GOVERNED BY 17 THE STATE ADMINISTRATIVE PROCEDURE ACT AND SUBJECT TO ARTICLES SIX AND 18 SEVEN OF THE PUBLIC OFFICERS LAW. 19 10. THE CAMPAIGN FINANCE BOARD MAY TAKE SUCH OTHER ACTIONS AS ARE 20 NECESSARY AND PROPER TO CARRY OUT THE PURPOSES OF THIS TITLE. 21 S 14-214. EXAMINATIONS AND AUDITS. 1. THE CAMPAIGN FINANCE BOARD SHALL 22 CONDUCT A THOROUGH EXAMINATION AND AUDIT OF THE CONTRIBUTIONS AND QUALI- 23 FIED CAMPAIGN EXPENSES OF THE PARTICIPATING COMMITTEE OF EVERY PARTIC- 24 IPATING CANDIDATE WHO RECEIVED PAYMENTS PURSUANT TO SECTION 14-206 OF 25 THIS TITLE. SUCH AUDITS SHALL BE CONDUCTED AS FREQUENTLY AS THE 26 CAMPAIGN FINANCE BOARD DEEMS NECESSARY TO ENSURE COMPLIANCE WITH THIS 27 TITLE. EVERY CANDIDATE WHO RECEIVES PUBLIC MATCHING FUNDS UNDER THIS 28 TITLE SHALL ALSO BE AUDITED BY THE CAMPAIGN FINANCE BOARD POST-ELECTION. 29 THE COST OF COMPLYING WITH A POST-ELECTION AUDIT SHALL BE BORNE BY THE 30 CANDIDATE'S AUTHORIZED COMMITTEE. A CANDIDATE WHO HAS RECEIVED PUBLIC 31 MATCHING FUNDS UNDER THIS TITLE MUST MAINTAIN A RESERVE OF AT LEAST ONE 32 PERCENT OF THE TOTAL AMOUNT OF MATCHING FUNDS RECEIVED BY SUCH CANDIDATE 33 IN HIS OR HER CAMPAIGN ACCOUNT TO COMPLY WITH THE POST-ELECTION AUDIT. A 34 CANDIDATE WHO RUNS IN BOTH A PRIMARY AND A GENERAL ELECTION, MUST MAIN- 35 TAIN A RESERVE OF ONE PERCENT OF THE TOTAL AMOUNT OF PUBLIC MATCHING 36 FUNDS RECEIVED BY SUCH CANDIDATE FOR BOTH HIS OR HER PRIMARY AND GENERAL 37 ELECTION. A CANDIDATE MAY USE PUBLIC MATCHING FUNDS, PRIVATE FUNDS OR A 38 COMBINATION OF PUBLIC AND PRIVATE FUNDS TO COMPLY WITH A POST-ELECTION 39 AUDIT. THE CAMPAIGN FINANCE BOARD SHALL ISSUE TO EACH CAMPAIGN AUDITED 40 THE FINAL POST-ELECTION AUDIT REPORT THAT DETAILS ITS FINDINGS AND SHALL 41 PROVIDE SUCH AUDIT TO THE GOVERNOR AND LEGISLATIVE LEADERS AND MAKE SUCH 42 AUDIT REPORT AVAILABLE ON THE STATE BOARD OF ELECTIONS' WEBSITE. 43 2. (A) IF THE CAMPAIGN FINANCE BOARD DETERMINES THAT ANY PORTION OF 44 THE PAYMENT MADE TO A PARTICIPATING COMMITTEE FROM THE FUND WAS IN 45 EXCESS OF THE AGGREGATE AMOUNT OF PAYMENTS TO WHICH SUCH ELIGIBLE CANDI- 46 DATE WAS ENTITLED PURSUANT TO SECTION 14-206 OF THIS TITLE, IT SHALL 47 NOTIFY SUCH COMMITTEE OF THE EXCESS AMOUNT AND SUCH COMMITTEE SHALL PAY 48 TO THE CAMPAIGN FINANCE BOARD AN AMOUNT EQUAL TO THE AMOUNT OF EXCESS 49 PAYMENTS; PROVIDED, HOWEVER, THAT IF THE ERRONEOUS PAYMENT WAS DUE TO AN 50 ERROR MADE BY THE CAMPAIGN FINANCE BOARD, THEN THE ERRONEOUS PAYMENT 51 WILL BE OFFSET AGAINST ANY FUTURE PAYMENT, IF ANY. THE PARTICIPATING 52 CANDIDATE AND HIS OR HER PARTICIPATING COMMITTEE SHALL BE JOINTLY AND 53 SEVERALLY LIABLE FOR ANY REPAYMENTS DUE TO THE CAMPAIGN FINANCE BOARD 54 FOR DEPOSIT BY SUCH BOARD INTO THE NEW YORK STATE CAMPAIGN FUND. 55 (B) IF THE BOARD DETERMINES THAT ANY AMOUNT OF PAYMENT MADE TO A 56 PARTICIPATING COMMITTEE FROM THE FUND WAS USED FOR PURPOSES OTHER THAN A. 9885--D 11 1 TO DEFRAY QUALIFIED CAMPAIGN EXPENSES, IT SHALL NOTIFY SUCH PARTICIPAT- 2 ING COMMITTEE OF THE AMOUNT DISQUALIFIED AND SUCH PARTICIPATING COMMIT- 3 TEE SHALL PAY TO THE CAMPAIGN FINANCE BOARD AN AMOUNT EQUAL TO SUCH 4 DISQUALIFIED AMOUNT. SUCH MONIES SHALL BE DEPOSITED INTO THE NEW YORK 5 STATE CAMPAIGN FINANCE FUND CREATED PURSUANT TO SECTION NINETY-TWO-T OF 6 THE STATE FINANCE LAW. THE CANDIDATE AND THE CANDIDATE'S AUTHORIZED 7 COMMITTEE SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY REPAYMENTS DUE 8 TO THE CAMPAIGN FINANCE BOARD. 9 (C) IF THE TOTAL OF CONTRIBUTIONS AND PAYMENTS FROM THE FUND RECEIVED 10 BY ANY PARTICIPATING CANDIDATE AND SUCH CANDIDATE'S PARTICIPATING 11 COMMITTEE, EXCEEDS THE PUBLIC FUNDING RECEIPT LIMITATION OF SUCH CANDI- 12 DATE AND COMMITTEE, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS 13 FUNDS TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH COMMITTEE FROM 14 THE FUND NOT LATER THAN TEN DAYS AFTER ALL PERMISSIBLE LIABILITIES HAVE 15 BEEN PAID AND IN ANY EVENT, NOT LATER THAN TWENTY DAYS AFTER THE DATE ON 16 WHICH THE CAMPAIGN FINANCE BOARD ISSUES ITS FINAL AUDIT REPORT FOR THE 17 PARTICIPATING CANDIDATE'S COMMITTEE; PROVIDED, HOWEVER, THAT ALL UNSPENT 18 MATCHING FUNDS FOR A PARTICIPATING CANDIDATE SHALL BE IMMEDIATELY DUE 19 AND PAYABLE TO THE CAMPAIGN FINANCE BOARD FOR DEPOSIT INTO THE NEW YORK 20 STATE CAMPAIGN FINANCE FUND UPON ITS DETERMINATION THAT THE PARTICIPANT 21 WILLFULLY DELAYED THE POST-ELECTION AUDIT PROCESS. A PARTICIPATING 22 CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES ONLY FOR ROUTINE ACTIV- 23 ITIES INVOLVING NOMINAL COSTS ASSOCIATED WITH ENDING A CAMPAIGN AND 24 RESPONDING TO THE POST-ELECTION AUDIT. 25 3. IF A COURT OF COMPETENT JURISDICTION DISQUALIFIES A CANDIDATE WHOSE 26 PARTICIPATING COMMITTEE HAS RECEIVED PUBLIC FUNDS ON THE GROUNDS THAT 27 SUCH CANDIDATE COMMITTED FRAUDULENT ACTS IN ORDER TO OBTAIN A PLACE ON 28 THE BALLOT AND SUCH DECISION IS NOT REVERSED BY A HIGHER COURT, SUCH 29 CANDIDATE AND SUCH CANDIDATE'S PARTICIPATING COMMITTEE SHALL PAY TO THE 30 CAMPAIGN FINANCE BOARD AN AMOUNT EQUAL TO THE TOTAL OF PUBLIC FUNDS 31 RECEIVED BY SUCH PARTICIPATING COMMITTEE. 32 4. THE BOARD MUST PROVIDE WRITTEN NOTICE OF ALL PAYMENTS DUE FROM A 33 PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE TO THE BOARD AND 34 PROVIDE AN OPPORTUNITY FOR THE CANDIDATE OR COMMITTEE TO REBUT, IN WHOLE 35 OR IN PART, THE ALLEGED AMOUNT DUE. UPON A FINAL WRITTEN DETERMINATION 36 BY THE BOARD, THE AMOUNT DUE SHALL BE PAID TO THE BOARD WITHIN THIRTY 37 DAYS OF SUCH DETERMINATION. 38 5. ALL PAYMENTS RECEIVED BY THE BOARD PURSUANT TO THIS SECTION SHALL 39 BE DEPOSITED IN THE NEW YORK STATE CAMPAIGN FINANCE FUND ESTABLISHED BY 40 SECTION NINETY-TWO-T OF THE STATE FINANCE LAW. 41 S 14-216. CIVIL ENFORCEMENT. 1. ANY PERSON OR AUTHORIZED COMMITTEE WHO 42 KNOWINGLY AND WILFULLY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS 43 OF THIS TITLE SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THE 44 AMOUNT OF FIVE THOUSAND DOLLARS. 45 2. ANY PERSON OR AUTHORIZED COMMITTEE WHO KNOWINGLY AND INTENTIONALLY 46 VIOLATES ANY OTHER PROVISION OF THIS TITLE OR ANY RULE PROMULGATED HERE- 47 UNDER SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THE AMOUNT OF 48 TEN THOUSAND DOLLARS. 49 3. FINES AUTHORIZED UNDER THIS SECTION WILL BE IMPOSED BY THE CAMPAIGN 50 FINANCE BOARD AFTER A HEARING AT WHICH THE SUBJECT PERSON OR AUTHORIZED 51 COMMITTEE SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD. SUCH HEARING SHALL 52 BE HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY BE PRESCRIBED BY THE 53 RULES OF THE CAMPAIGN FINANCE BOARD. FOR PURPOSES OF CONDUCTING SUCH 54 HEARINGS, THE CAMPAIGN FINANCE BOARD SHALL BE DEEMED TO BE AN AGENCY 55 WITHIN THE MEANING OF ARTICLE THREE OF THE STATE ADMINISTRATIVE PROCE- 56 DURE ACT AND SHALL ADOPT RULES GOVERNING THE CONDUCT OF ADJUDICATORY A. 9885--D 12 1 PROCEEDINGS AND APPEALS TAKEN PURSUANT TO A PROCEEDING COMMENCED UNDER 2 ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES RELATING TO 3 THE ASSESSMENT OF THE CIVIL PENALTIES HEREIN AUTHORIZED. 4 4. THE CAMPAIGN FINANCE BOARD SHALL PUBLISH ON THE STATE BOARD OF 5 ELECTIONS' WEBSITE THE FINAL ORDER ADJUDICATING ANY MATTER BROUGHT 6 PURSUANT TO THIS SECTION. 7 5. ALL PAYMENTS RECEIVED BY THE CAMPAIGN FINANCE BOARD PURSUANT TO 8 THIS SECTION SHALL BE DEPOSITED IN THE NEW YORK STATE CAMPAIGN FINANCE 9 FUND ESTABLISHED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW. 10 S 14-218. CRIMINAL PENALTIES. 1. ANY PERSON WHO KNOWINGLY AND WILLFUL- 11 LY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS OF THIS TITLE WITH- 12 IN TEN DAYS AFTER THE DATE PROVIDED FOR SUCH, OR ANYONE THAT KNOWINGLY 13 AND WILLFULLY VIOLATES ANY OTHER PROVISION OF THIS TITLE SHALL BE GUILTY 14 OF A MISDEMEANOR AND, IN ADDITION TO SUCH OTHER PENALTIES AS MAY BE 15 PROVIDED BY LAW, SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT OF 16 TEN THOUSAND DOLLARS. 17 2. ANY PERSON WHO KNOWINGLY AND WILLFULLY CONTRIBUTES, ACCEPTS OR AIDS 18 OR PARTICIPATES IN THE CONTRIBUTION OR ACCEPTANCE OF A CONTRIBUTION IN 19 AN AMOUNT EXCEEDING AN APPLICABLE MAXIMUM SPECIFIED IN THIS ARTICLE 20 SHALL BE GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A FINE NOT TO 21 EXCEED THE AMOUNT OF TEN THOUSAND DOLLARS. 22 3. ANY PERSON WHO KNOWINGLY AND WILLFULLY MAKES A FALSE STATEMENT OR 23 KNOWINGLY OMITS A MATERIAL FACT TO THE CAMPAIGN FINANCE BOARD OR AN 24 AUDITOR DESIGNATED BY THE CAMPAIGN FINANCE BOARD DURING ANY AUDIT 25 CONDUCTED PURSUANT TO SECTION 14-214 OF THIS TITLE SHALL BE GUILTY OF A 26 CLASS E FELONY. 27 4. IN ADDITION TO ANY OTHER SENTENCE LAWFULLY IMPOSED UPON A FINDING 28 OF GUILT IN A CRIMINAL PROSECUTION COMMENCED PURSUANT TO THE PROVISIONS 29 OF THIS SECTION, THE COURT MAY ORDER A DEFENDANT TO REPAY TO THE 30 CAMPAIGN FINANCE BOARD ANY PUBLIC MATCHING FUNDS OBTAINED AS A RESULT OF 31 ANY CRIMINAL CONDUCT. 32 5. ALL SUCH PROSECUTIONS FOR CRIMINAL ACTS UNDER THIS TITLE SHALL BE 33 PROSECUTED BY THE ATTORNEY GENERAL OF THE STATE OF NEW YORK. 34 6. ANY AND ALL FINES IMPOSED PURSUANT TO THIS SECTION SHALL BE MADE 35 PAYABLE TO THE CAMPAIGN FINANCE BOARD FOR DEPOSIT INTO THE NEW YORK 36 STATE CAMPAIGN FINANCE FUND. 37 S 14-220. REPORTS. THE CAMPAIGN FINANCE BOARD SHALL SUBMIT A REPORT TO 38 THE GOVERNOR AND LEGISLATIVE LEADERS ON OR BEFORE FEBRUARY FIRST, TWO 39 THOUSAND SIXTEEN, AND EVERY FOUR YEARS THEREAFTER, WHICH SHALL INCLUDE: 40 1. A LIST OF THE PARTICIPATING AND NONPARTICIPATING CANDIDATES IN 41 COVERED ELECTIONS AND THE VOTES RECEIVED BY EACH CANDIDATE IN THOSE 42 ELECTIONS; 43 2. THE AMOUNT OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES 44 MADE, ON BEHALF OF PARTICIPATING AND NONPARTICIPATING CANDIDATES; 45 3. THE AMOUNT OF PUBLIC MATCHING FUNDS EACH PARTICIPATING CANDIDATE 46 RECEIVED, SPENT, AND REPAID PURSUANT TO THIS ARTICLE; 47 4. ANALYSIS OF THE EFFECT OF THIS TITLE ON THE ELECTION CAMPAIGNS FOR 48 ALL OFFICES COVERED UNDER SECTION 14-203 OF THIS TITLE, INCLUDING ITS 49 EFFECT ON THE SOURCES AND AMOUNTS OF PRIVATE FINANCING, THE LEVEL OF 50 CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE NUMBER OF CANDIDATES, 51 THE CANDIDATES' ABILITIES TO CAMPAIGN EFFECTIVELY FOR PUBLIC OFFICE, AND 52 THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE; 53 5. RECOMMENDATIONS FOR CHANGES OR AMENDMENTS TO THIS TITLE, INCLUDING 54 CHARGES IN CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY AND LIMITS ON 55 TOTAL MATCHING FUNDS AS WELL AS INSTITUTING A PROGRAM OF FULL PUBLIC 56 CAMPAIGN FINANCING FOR ELECTION FOR ALL STATEWIDE OFFICES; AND A. 9885--D 13 1 6. ANY OTHER INFORMATION THAT THE CAMPAIGN FINANCE BOARD DEEMS RELE- 2 VANT. 3 S 14-222. DEBATES. THE CAMPAIGN FINANCE BOARD SHALL PROMULGATE REGU- 4 LATIONS TO FACILITATE DEBATES AMONG PARTICIPATING CANDIDATES. PARTIC- 5 IPATING CANDIDATES ARE REQUIRED TO PARTICIPATE IN AT LEAST ONE DEBATE 6 BEFORE THE PRIMARY ELECTION AND IN AT LEAST ONE DEBATE BEFORE THE GENER- 7 AL ELECTION FOR WHICH THE CANDIDATE RECEIVES PUBLIC FUNDS, UNLESS THE 8 PARTICIPATING CANDIDATE IS RUNNING UNOPPOSED. A NONPARTICIPATING CANDI- 9 DATE MAY BE A PARTY TO SUCH DEBATES. 10 S 14-224. DISTRIBUTIONS FROM CAMPAIGN FINANCE FUND. 1. THIS SECTION 11 GOVERNS THE CAMPAIGN FINANCE BOARD'S DISTRIBUTION OF FUNDS FROM THE 12 CAMPAIGN FINANCE FUND CREATED BY SECTION NINETY-TWO-T OF THE STATE 13 FINANCE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE. 14 2. NO MONEYS SHALL BE PAID TO PARTICIPATING CANDIDATES IN A PRIMARY 15 ELECTION ANY EARLIER THAN TWO WEEKS AFTER THE LAST DAY TO FILE DESIGNAT- 16 ING PETITIONS FOR SUCH PRIMARY ELECTION. 17 3. NO MONEYS SHALL BE PAID TO PARTICIPATING CANDIDATES IN A GENERAL 18 ELECTION ANY EARLIER THAN A WEEK AFTER THE PRIMARY ELECTION HELD TO 19 NOMINATE CANDIDATES FOR SUCH ELECTION. 20 4. NO MONEYS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO HAS BEEN 21 DISQUALIFIED BY THE CAMPAIGN FINANCE BOARD OR WHOSE DESIGNATING 22 PETITIONS HAVE BEEN DECLARED INVALID BY THE STATE BOARD OF ELECTIONS OR 23 A COURT OF COMPETENT JURISDICTION UNTIL AND UNLESS SUCH FINDING IS 24 REVERSED BY AN APPELLATE COURT. 25 5. NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDIDATE OR 26 SUCH A CANDIDATE'S AUTHORIZED COMMITTEE ON THE DATE OF SUCH DISQUALI- 27 FICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY PURPOSE 28 EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE THAT DATE. ALL EXCESS 29 PUBLIC MONEYS PAID TO A DISQUALIFIED CANDIDATE SHALL BE RETURNED TO THE 30 FUND NOT LESS THAN THIRTY DAYS AFTER THE GENERAL ELECTION FOR THOSE 31 PARTICIPATING CANDIDATES WHO RECEIVED PUBLIC MONEYS FOR THE GENERAL 32 ELECTION, AND OTHERWISE, NOT LESS THAN THIRTY DAYS AFTER THE PRIMARY 33 ELECTION FOR THOSE PARTICIPATING CANDIDATES WHO RECEIVED PUBLIC MONEYS 34 SOLELY FOR THE PRIMARY ELECTION. 35 6. (A) PARTICIPATING CANDIDATES SHALL PAY TO THE CAMPAIGN FINANCE 36 BOARD UNSPENT PUBLIC CAMPAIGN FUNDS FROM AN ELECTION NOT LATER THAN 37 THIRTY DAYS AFTER ALL LIABILITIES FOR THE ELECTION HAVE BEEN PAID AND, 38 IN ANY EVENT, NOT LESS THAN TWENTY DAYS AFTER THE DATE UPON WHICH THE 39 CAMPAIGN FINANCE BOARD ISSUES ITS FINAL AUDIT REPORT FOR THE PARTICIPAT- 40 ING CANDIDATE'S COMMITTEE; PROVIDED, HOWEVER, THAT ALL UNSPENT PUBLIC 41 CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE SHALL BE IMMEDIATELY DUE 42 AND PAYABLE TO THE CAMPAIGN FINANCE BOARD UPON ITS DETERMINATION THAT 43 THE PARTICIPATING CANDIDATE HAS, WITHOUT JUST CAUSE, DELAYED THE POST-E- 44 LECTION AUDIT PROCESS. UNSPENT CAMPAIGN FUNDS DETERMINATIONS MADE BY THE 45 CAMPAIGN FINANCE BOARD SHALL BE BASED ON THE PARTICIPATING CANDIDATE 46 COMMITTEE'S RECEIPTS AND EXPENDITURES. THE CAMPAIGN FINANCE BOARD MAY 47 ALSO CONSIDER ANY OTHER RELEVANT INFORMATION REVEALED IN THE COURSE OF 48 ITS AUDITS OR INVESTIGATIONS OR THE INVESTIGATIONS BY ANY OTHER AGENCY. 49 (B)(I) A PARTICIPATING CANDIDATE MAY NOT USE RECEIPTS FOR ANY PURPOSE 50 OTHER THAN DISBURSEMENTS IN THE PRECEDING ELECTION UNTIL ALL UNSPENT 51 PUBLIC CAMPAIGN FUNDS HAVE BEEN REPAID. A PARTICIPATING CANDIDATE SHALL 52 HAVE THE BURDEN OF DEMONSTRATING THAT A POST-ELECTION EXPENDITURE IS FOR 53 THE PRECEDING ELECTION. 54 (II) BEFORE REPAYING UNSPENT PUBLIC CAMPAIGN FUNDS, A PARTICIPATING 55 CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES ONLY FOR ROUTINE ACTIV- 56 ITIES INVOLVING NOMINAL COSTS ASSOCIATED WITH WINDING UP A CAMPAIGN AND A. 9885--D 14 1 RESPONDING TO THE POST-ELECTION AUDIT. SUCH EXPENDITURES MAY INCLUDE: 2 PAYMENT OF UTILITY BILLS AND RENT; REASONABLE STAFF SALARIES AND 3 CONSULTANT FEES FOR RESPONDING TO A POST-ELECTION AUDIT; REASONABLE 4 MOVING EXPENSES RELATED TO CLOSING A CAMPAIGN OFFICE; A HOLIDAY CARD 5 MAILING TO CONTRIBUTORS, CAMPAIGN VOLUNTEERS, AND STAFF MEMBERS; THANK 6 YOU NOTES FOR CONTRIBUTORS, CAMPAIGN VOLUNTEERS, AND STAFF MEMBERS; 7 PAYMENT OF TAXES AND OTHER REASONABLE EXPENSES FOR COMPLIANCE WITH 8 APPLICABLE TAX LAWS; AND INTEREST EXPENSES. ROUTINE POST-ELECTION 9 EXPENDITURES THAT MAY BE PAID FOR WITH UNSPENT CAMPAIGN FUNDS DO NOT 10 INCLUDE SUCH ITEMS AS POST-ELECTION MAILINGS OTHER THAN AS SPECIFICALLY 11 PROVIDED FOR IN THIS SUBPARAGRAPH; MAKING CONTRIBUTIONS; MAKING BONUS 12 PAYMENTS OR GIFTS TO STAFF MEMBERS OR VOLUNTEERS; OR HOLDING ANY POST-E- 13 LECTION DAY EVENT, INCLUDING, BUT NOT LIMITED TO, ANY MEAL OR ANY PARTY. 14 UNSPENT CAMPAIGN FUNDS MAY NOT BE USED FOR TRANSITION OR INAUGURATION 15 ACTIVITIES. 16 7. ALL MONIES RECEIVED BY THE CAMPAIGN FINANCE BOARD PURSUANT TO THIS 17 SECTION SHALL BE DEPOSITED INTO THE NEW YORK STATE CAMPAIGN FINANCE FUND 18 PURSUANT TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW. 19 S 4. The election law is amended by adding a new section 16-103 to 20 read as follows: 21 S 16-103. PROCEEDINGS AS TO PUBLIC FINANCING. 1. THE DETERMINATION OF 22 ELIGIBILITY PURSUANT TO SECTION 14-203 OF THIS CHAPTER AND ANY QUESTION 23 OR ISSUE RELATING TO PAYMENTS FOR QUALIFIED CAMPAIGN EXPENDITURES PURSU- 24 ANT TO SECTION 14-206 OF THIS CHAPTER MAY BE CONTESTED IN A PROCEEDING 25 INSTITUTED IN THE SUPREME COURT, ALBANY COUNTY, BY ANY AGGRIEVED CANDI- 26 DATE. 27 2. A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY OR 28 PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO SECTION 14-206 29 OF THIS CHAPTER SHALL BE INSTITUTED WITHIN SEVEN DAYS AFTER SUCH DETER- 30 MINATION WAS MADE. THE CAMPAIGN FINANCE BOARD SHALL BE MADE A PARTY TO 31 ANY SUCH PROCEEDING. 32 3. UPON THE CAMPAIGN FINANCE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE 33 FROM A PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE AFTER THE 34 ISSUANCE OF WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED BY SUBDIVI- 35 SION FOUR OF SECTION 14-214 OF THIS CHAPTER, SUCH BOARD IS AUTHORIZED TO 36 INSTITUTE A SPECIAL PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY 37 COUNTY, TO OBTAIN A JUDGMENT FOR ANY AMOUNTS DETERMINED TO BE PAYABLE TO 38 THE CAMPAIGN FINANCE BOARD AS A RESULT OF AN EXAMINATION AND AUDIT MADE 39 PURSUANT TO TITLE II OF ARTICLE FOURTEEN OF THIS CHAPTER. 40 4. THE CAMPAIGN FINANCE BOARD IS AUTHORIZED TO INSTITUTE A SPECIAL 41 PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A 42 JUDGMENT FOR CIVIL PENALTIES DETERMINED TO BE PAYABLE TO THE CAMPAIGN 43 FINANCE BOARD PURSUANT TO SECTION 14-214 OF THIS CHAPTER. 44 S 5. The election law is amended by adding a new section 4-115 to read 45 as follows: 46 S 4-115. NOTICE TO THE STATE BOARD OF ELECTIONS OF CANDIDATES FOR THE 47 LEGISLATURE. 1. EACH BOARD OF ELECTIONS WITH WHICH PETITIONS ARE FILED 48 FOR MEMBER OF THE STATE LEGISLATURE SHALL, NOT LATER THAN ONE WEEK AFTER 49 THE LAST DAY TO FILE SUCH PETITIONS, SEND NOTICE TO THE STATE BOARD OF 50 ELECTIONS OF SUCH INFORMATION ABOUT EACH SUCH PETITION AS THE STATE 51 BOARD SHALL REQUIRE. 52 2. EACH SUCH COUNTY BOARD OF ELECTIONS SHALL, NOT LATER THAN THE DAY 53 AFTER THE LAST DAY TO FILE A PETITION OR CERTIFICATE OF NOMINATION FOR A 54 GENERAL OR SPECIAL ELECTION OR A CERTIFICATE OF ACCEPTANCE, DECLINATION 55 OR SUBSTITUTION FOR A GENERAL, PRIMARY OR SPECIAL ELECTION FOR ANY SUCH A. 9885--D 15 1 OFFICE, SEND TO THE STATE BOARD OF ELECTIONS SUCH INFORMATION ABOUT EACH 2 SUCH PETITION OR CERTIFICATE AS THE STATE BOARD SHALL REQUIRE. 3 3. IF ANY SUCH COUNTY BOARD OF ELECTIONS SHOULD DISQUALIFY ANY SUCH 4 CANDIDATE OR RULE THE PETITION OR CERTIFICATE DESIGNATING OR NOMINATING 5 ANY SUCH CANDIDATE INVALID, IT SHALL FORTHWITH NOTIFY THE STATE BOARD OF 6 ELECTIONS OF SUCH DECISION. 7 4. IF ANY SUCH COUNTY BOARD OF ELECTIONS SHALL BE NOTIFIED OF A DECI- 8 SION OF A COURT OF COMPETENT JURISDICTION DISQUALIFYING ANY SUCH CANDI- 9 DATE OR DECLARING ANY SUCH PETITION INVALID OR REVERSING ANY SUCH DECI- 10 SION BY SUCH BOARD OF ELECTIONS OR ANOTHER COURT, SUCH BOARD OF 11 ELECTIONS SHALL FORTHWITH NOTIFY THE STATE BOARD OF ELECTIONS OF SUCH 12 DECISION. 13 5. THE STATE BOARD OF ELECTIONS MAY PRESCRIBE FORMS FOR THE NOTICES 14 REQUIRED BY THIS SECTION AND SHALL PRESCRIBE THE MANNER IN WHICH SUCH 15 NOTICES SHALL BE GIVEN. 16 S 6. The general business law is amended by adding a new section 359- 17 gg to read as follows: 18 S 359-GG. ADDITIONAL SURCHARGE. IN ADDITION TO ANY PENALTY AUTHORIZED 19 BY SECTION THREE HUNDRED FIFTY-NINE-G OF THIS ARTICLE OR ANY DAMAGES OR 20 OTHER COMPENSATION RECOVERABLE INCLUDING, BUT NOT LIMITED TO, ANY 21 SETTLEMENT AUTHORIZED BY SECTION SIXTY-THREE OR SIXTY-THREE-C OF THE 22 EXECUTIVE LAW, THERE SHALL BE ASSESSED THEREON AN ADDITIONAL SURCHARGE 23 IN THE AMOUNT OF TEN PERCENT OF THE TOTAL AMOUNT OF SUCH PENALTY, 24 DAMAGES OR SETTLEMENT. SUCH SURCHARGE SHALL BE DEPOSITED IN THE NEW YORK 25 STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T OF THE 26 STATE FINANCE LAW. 27 S 7. The state finance law is amended by adding a new section 92-t to 28 read as follows: 29 S 92-T. NEW YORK STATE CAMPAIGN FINANCE FUND. 1. THERE IS HEREBY 30 ESTABLISHED IN THE CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE A 31 SPECIAL FUND TO BE KNOWN AS THE NEW YORK STATE CAMPAIGN FINANCE FUND. 32 2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE SURCHARGE 33 IMPOSED PURSUANT TO SECTION THREE HUNDRED FIFTY-NINE-GG OF THE GENERAL 34 BUSINESS LAW, REVENUES RECEIVED FROM CAMPAIGN FINANCE FUND CHECK-OFF 35 PURSUANT TO SECTION SIX HUNDRED THIRTY-C OF THE TAX LAW AND ALL OTHER 36 MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE 37 PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE 38 STATE FROM RECEIVING GRANTS, GIFTS, BEQUESTS OR VOLUNTARY CONTRIBUTIONS 39 FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING 40 THEM INTO THE FUND ACCORDING TO LAW. MONIES IN THE FUND SHALL BE KEPT 41 SEPARATE FROM AND NOT COMMINGLED WITH OTHER FUNDS HELD IN THE CUSTODY OF 42 THE COMMISSIONER OF TAXATION AND FINANCE. 43 3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY 44 BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT 45 TO TITLE TWO OF ARTICLE FOURTEEN OF THE ELECTION LAW. MONEYS SHALL BE 46 PAID OUT OF THE FUND BY THE COMMISSIONER OF TAXATION AND FINANCE ON 47 VOUCHERS CERTIFIED OR APPROVED BY THE CAMPAIGN FINANCE BOARD ESTABLISHED 48 PURSUANT TO TITLE TWO OF ARTICLE FOURTEEN OF THE ELECTION LAW, OR THE 49 DULY DESIGNATED REPRESENTATIVE OF SUCH BOARD, IN THE MANNER PRESCRIBED 50 BY LAW, NOT MORE THAN ONE WORKING DAY AFTER A VOUCHER DULY CERTIFIED, 51 APPROVED AND EXECUTED BY SUCH BOARD OR ITS REPRESENTATIVE IN THE FORM 52 PRESCRIBED BY THE COMMISSIONER OF TAXATION AND FINANCE IS RECEIVED BY 53 THE COMMISSIONER OF TAXATION AND FINANCE. 54 4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IF, IN ANY 55 STATE FISCAL YEAR, THE STATE CAMPAIGN FINANCE FUND LACKS THE AMOUNT OF 56 MONEY TO PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES AND CERTIFIED A. 9885--D 16 1 OR APPROVED BY THE CAMPAIGN FINANCE BOARD, ANY SUCH DEFICIENCY SHALL BE 2 PAID, UPON AUDIT AND WARRANT OF THE STATE COMPTROLLER, FROM FUNDS DEPOS- 3 ITED IN THE GENERAL FUND OF THE STATE NOT MORE THAN ONE WORKING DAY 4 AFTER SUCH VOUCHER IS RECEIVED BY THE STATE COMPTROLLER. 5 5. COMMENCING IN TWO THOUSAND SIXTEEN, IF THE SURPLUS IN THE FUND ON 6 APRIL FIRST OF THE YEAR AFTER AN ELECTION CYCLE EXCEEDS TWENTY-FIVE 7 PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER THE PREVIOUS FOUR YEARS, 8 THE EXCESS SHALL REVERT TO THE GENERAL FUND OF THE STATE. 9 6. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A 10 PRIMARY ELECTION ANY EARLIER THAN THE DAY THAT SUCH CANDIDATE IS CERTI- 11 FIED AS BEING ON THE BALLOT FOR SUCH PRIMARY ELECTION. 12 7. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A 13 GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF THE PRIMARY 14 ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION. 15 8. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO 16 HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN DECLARED 17 INVALID BY THE APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT 18 JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER 19 AUTHORITY. NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDI- 20 DATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON THE DATE OF SUCH 21 DISQUALIFICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY 22 PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE. ALL 23 SUCH MONEYS SHALL BE REPAID TO THE FUND. 24 S 8. The tax law is amended by adding a new section 630-c to read as 25 follows: 26 S 630-C. CONTRIBUTION TO NEW YORK STATE CAMPAIGN FINANCE FUND. EFFEC- 27 TIVE FOR ANY TAXABLE YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO 28 THOUSAND TWELVE, AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIB- 29 UTE TO THE NEW YORK STATE CAMPAIGN FINANCE FUND. SUCH CONTRIBUTION SHALL 30 BE IN THE AMOUNT OF FIVE DOLLARS AND SHALL NOT REDUCE THE AMOUNT OF 31 STATE TAX OWED BY SUCH INDIVIDUAL. THE COMMISSIONER SHALL INCLUDE SPACE 32 ON THE PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER TO MAKE SUCH 33 CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW ALL REVENUES 34 COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE NEW YORK 35 STATE CAMPAIGN FINANCE FUND AND USED ONLY FOR THOSE PURPOSES ENUMERATED 36 IN SECTION NINETY-TWO-T OF THE STATE FINANCE LAW. 37 S 9. Severability. If any clause, sentence, subdivision, paragraph, 38 section or part of title II of article 14 of the election law, as added 39 by section seven of this act be adjudged by any court of competent 40 jurisdiction to be invalid, such judgment shall not affect, impair or 41 invalidate the remainder thereof, but shall be confined in its operation 42 to the clause, sentence, subdivision, paragraph, section or part thereof 43 directly involved in the controversy in which such judgment shall have 44 been rendered. 45 S 10. This act shall take effect immediately; provided, however, 46 candidates for state comptroller will be eligible to participate in the 47 public financing system beginning with the 2014 election, all state 48 legislature candidates will be eligible to participate in the public 49 financing system beginning with the 2016 election and all state candi- 50 dates and constitutional convention delegates will be eligible to 51 participate in the public financing system beginning with the 2018 52 election.