Bill Text: NY S06427 | 2009-2010 | General Assembly | Introduced
Bill Title: Provides for regulation of delegates to a constitutional convention, their election, and public financing for such elections.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO ELECTIONS [S06427 Detail]
Download: New_York-2009-S06427-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6427
I N S E N A T E
(PREFILED)
January 6, 2010
___________
Introduced by Sen. C. JOHNSON -- read twice and ordered printed, and
when printed to be committed to the Committee on Elections
AN ACT to amend the election law, the legislative law, the public offi-
cers law and the state finance law, in relation to the nomination and
election of delegates to a constitutional convention
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings. The legislature hereby finds and
2 declares that the power of the people of this state to call a constitu-
3 tional convention to periodically reevaluate their social contract is
4 one of the great democratic mechanisms in existence. It is important,
5 however, to ensure that the people of this state are fully represented
6 and have fair access to this important process.
7 S 2. Subdivision 1 and the opening paragraph and paragraph (h) of
8 subdivision 2 of section 6-136 of the election law, subdivision 1 as
9 amended by chapter 200 of the laws of 1996, the opening paragraph of
10 subdivision 2 as amended by chapter 659 of the laws of 1994 and para-
11 graph (h) of subdivision 2 as amended by chapter 79 of the laws of 1992,
12 are amended and three new subdivisions 2-a, 4 and 5 are added to read as
13 follows:
14 1. Petitions for any office to be filled by the voters of the entire
15 state, EXCEPT THE OFFICE OF DELEGATE-AT-LARGE TO A CONVENTION TO REVISE
16 AND AMEND THE STATE CONSTITUTION, must be signed by not less than
17 fifteen thousand or five per centum, whichever is less, of the then
18 enrolled voters of the party in the state (excluding voters in inactive
19 status), of whom not less than one hundred or five per centum, whichever
20 is less, of such enrolled voters shall reside in each of one-half of the
21 congressional districts of the state. PETITIONS FOR THE OFFICE OF DELE-
22 GATE-AT-LARGE TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION
23 MUST BE SIGNED BY NOT LESS THAN FIVE THOUSAND OR TWO AND ONE-HALF PER
24 CENTUM, WHICHEVER IS LESS, OF SUCH ENROLLED VOTERS.
25 All other petitions, EXCEPT PETITIONS FOR THE OFFICE OF DISTRICT DELE-
26 GATE TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION, must be
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07357-02-0
S. 6427 2
1 signed by not less than five per centum, as determined by the preceding
2 enrollment, of the then enrolled voters of the party residing within the
3 political unit in which the office or position is to be voted for
4 (excluding voters in inactive status), provided, however, that for the
5 following public offices the number of signatures need not exceed the
6 following limits:
7 (h) For any office to be filled by all the voters of any state senato-
8 rial district, EXCEPT THE OFFICE OF DISTRICT DELEGATE TO A CONVENTION TO
9 REVISE AND AMEND THE STATE CONSTITUTION, one thousand signatures;
10 2-A. PETITIONS FOR THE OFFICE OF DISTRICT DELEGATE TO A CONVENTION TO
11 REVISE AND AMEND THE STATE CONSTITUTION MUST BE SIGNED BY NOT LESS THAN
12 FIVE HUNDRED OR TWO AND ONE-HALF PER CENTUM, WHICHEVER IS LESS, OF THE
13 THEN ENROLLED VOTERS OF THE PARTY RESIDING WITHIN THE STATE SENATE
14 DISTRICT (EXCLUDING VOTERS IN INACTIVE STATUS).
15 4. IF A PETITION OF A CANDIDATE FOR THE OFFICE OF DELEGATE TO A
16 CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION IS REJECTED, SUCH
17 CANDIDATE SHALL BE AFFORDED SEVEN BUSINESS DAYS TO CORRECT TECHNICAL
18 ERRORS IN FILED PETITIONS AFTER THE OFFICIAL FILING OF PETITION OR, WHEN
19 THE PETITION IS THE SUBJECT OF A JUDICIAL CHALLENGE WITHIN SEVEN BUSI-
20 NESS DAYS AFTER THE COMMENCEMENT OF THE LAWSUIT.
21 5. THE PROVISIONS OF THIS SECTION SHALL BE LIBERALLY CONSTRUED TO
22 AVOID THE DISQUALIFICATION OF CANDIDATES TO THE MAXIMUM EXTENT FEASIBLE,
23 NOT INCONSISTENT WITH SUBSTANTIAL COMPLIANCE THEREWITH AND THE
24 PREVENTION OF FRAUD. "SUBSTANTIAL COMPLIANCE" WITHIN THIS SECTION MEANS
25 ACTUAL COMPLIANCE IN RESPECT TO THE SUBSTANCE ESSENTIAL TO EVERY REASON-
26 ABLE OBJECTIVE OF THE STATUTE. IT MEANS THAT A COURT SHOULD DETERMINE
27 WHETHER THE STATUTE HAS BEEN FOLLOWED SUFFICIENTLY SO AS TO CARRY OUT
28 THE INTENT FOR WHICH IT WAS ADOPTED. SUBSTANTIAL COMPLIANCE WITH A STAT-
29 UTE IS NOT SHOWN UNLESS IT IS MADE TO APPEAR THAT THE PURPOSE OF THE
30 STATUTE IS SHOWN TO HAVE BEEN SERVED. WHAT CONSTITUTES SUBSTANTIAL
31 COMPLIANCE WITH A STATUTE IS A MATTER DEPENDING ON THE FACTS OF EACH
32 PARTICULAR CASE.
33 S 3. Section 7-104 of the election law is amended by adding two new
34 subdivisions 11 and 12 to read as follows:
35 11. AT A GENERAL ELECTION AT WHICH THE NAMES OF CANDIDATES FOR DELE-
36 GATE-AT-LARGE TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION
37 APPEAR ON THE BALLOT, EACH VOTER SHALL BE ENTITLED TO VOTE FOR ONE
38 CANDIDATE AND THE FIFTEEN CANDIDATES STATEWIDE RECEIVING THE HIGHEST
39 NUMBER OF VOTES SHALL BE ELECTED TO THE OFFICE OF DELEGATE-AT-LARGE TO
40 SUCH CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION.
41 12. AT A GENERAL ELECTION AT WHICH THE NAMES OF CANDIDATES FOR THE
42 OFFICE OF DISTRICT DELEGATE TO A CONVENTION TO REVISE AND AMEND THE
43 STATE CONSTITUTION APPEAR ON THE BALLOT OF SUCH DISTRICT, EACH VOTER
44 SHALL BE ENTITLED TO VOTE FOR ONE CANDIDATE AND THE THREE CANDIDATES OF
45 SUCH DISTRICT RECEIVING THE HIGHEST NUMBER OF VOTES SHALL BE ELECTED TO
46 THE OFFICE OF DISTRICT DELEGATES TO SUCH CONVENTION TO REVISE AND AMEND
47 THE STATE CONSTITUTION.
48 S 4. Subdivision 1 of section 14-114 of the election law is amended by
49 adding a new paragraph b-1 to read as follows:
50 B-1. NO CONTRIBUTOR MAY MAKE A CONTRIBUTION TO ANY CANDIDATE OR
51 AUTHORIZED COMMITTEE OF A CANDIDATE FOR AN OFFICE OR POSITION SUBJECT TO
52 THE PROVISIONS OF THIS SECTION WHO IS ALSO A CANDIDATE IN THE SAME
53 ELECTION FOR THE OFFICE OF DELEGATE-AT-LARGE OR DISTRICT DELEGATE TO A
54 CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION, AND NO SUCH
55 CANDIDATE OR AUTHORIZED COMMITTEE OF A CANDIDATE FOR DELEGATE-AT-LARGE
56 OR DISTRICT DELEGATE MAY ACCEPT ANY CONTRIBUTION FROM ANY CONTRIBUTOR
S. 6427 3
1 WHICH IS IN THE AGGREGATE AMOUNT, GREATER THAN THE LARGER AMOUNT WHICH
2 MAY BE CONTRIBUTED TO SUCH A CANDIDATE FOR DELEGATE-AT-LARGE OR DISTRICT
3 DELEGATE TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION OR
4 SUCH OTHER OFFICE OR POSITION SUBJECT TO THE PROVISIONS OF THIS SECTION.
5 S 5. Sections 14-100 through 14-130 of article 14 of the election law
6 are designated title 1 and a new title heading is added to read as
7 follows:
8 GENERAL CAMPAIGN RECEIPTS AND EXPENDITURES
9 S 6. Article 14 of the election law is amended by adding a new title 2
10 to read as follows:
11 TITLE II
12 STATE PUBLIC FINANCING
13 FOR THE ELECTION OF
14 DELEGATES TO A CONVENTION
15 TO REVISE AND AMEND THE STATE
16 CONSTITUTION
17 SECTION 14-200. DEFINITIONS.
18 14-202. ELIGIBILITY.
19 14-204. QUALIFIED CAMPAIGN EXPENDITURES.
20 14-206. OPTIONAL PUBLIC FINANCING.
21 14-208. CONTRIBUTION AND RECEIPT LIMITATIONS.
22 14-210. EXPENDITURE LIMITATIONS.
23 14-212. EXAMINATIONS AND AUDITS; REPAYMENTS.
24 14-214. PENALTIES.
25 14-216. CIVIL PENALTIES.
26 S 14-200. DEFINITIONS. AS USED IN THIS TITLE, UNLESS ANOTHER MEANING
27 IS CLEARLY INDICATED:
28 1. THE TERM "STATE BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
29 2. THE TERM "CANDIDATE" SHALL MEAN A CANDIDATE FOR NOMINATION OR
30 ELECTION TO THE OFFICE OF DELEGATE-AT-LARGE TO A CONVENTION TO REVISE
31 AND AMEND THE STATE CONSTITUTION, OR A CANDIDATE FOR NOMINATION OR
32 ELECTION TO THE OFFICE OF DISTRICT DELEGATE TO A CONVENTION TO REVISE
33 AND AMEND THE STATE CONSTITUTION.
34 3. THE TERM "ELIGIBLE CANDIDATE" SHALL MEAN A CANDIDATE WHO MEETS THE
35 REQUIREMENTS FOR ELIGIBILITY IN SECTION 14-202 OF THIS TITLE.
36 4. THE TERM "MATCHABLE CONTRIBUTIONS" SHALL MEAN THAT PORTION OF THE
37 AGGREGATE CONTRIBUTIONS MADE AFTER THE EFFECTIVE DATE OF THIS TITLE BY
38 NATURAL PERSONS RESIDENT IN THE STATE OF NEW YORK TO A CANDIDATE FOR
39 NOMINATION OR ELECTION TO ANY OF THE OFFICES COVERED BY THE PROVISIONS
40 OF THIS TITLE WHICH DO NOT EXCEED FIVE HUNDRED DOLLARS, WHICH HAVE BEEN
41 REPORTED IN FULL BY THE CANDIDATE'S AUTHORIZED COMMITTEE TO THE STATE
42 BOARD, INCLUDING THE CONTRIBUTOR'S FULL NAME AND RESIDENTIAL ADDRESS
43 AND, WITH RESPECT TO CONTRIBUTIONS OF MORE THAN ONE HUNDRED DOLLARS, THE
44 NAME AND ADDRESS OF THE CONTRIBUTOR'S EMPLOYER. "MATCHABLE CONTRIB-
45 UTIONS" SHALL BE THE NET AMOUNT OF ANY MONETARY CONTRIBUTION REALIZED BY
46 A CANDIDATE OR DESIGNATED COMMITTEE AFTER DEDUCTING THE REASONABLE VALUE
47 OF ANY GOODS OR SERVICES PROVIDED THE CONTRIBUTOR IN CONNECTION WITH THE
48 CONTRIBUTION, EXCEPT THAT CONTRIBUTIONS FROM ANY PERSON WHO HAS RECEIVED
49 A PAYMENT OR ANYTHING OF VALUE FROM SUCH COMMITTEE OR FROM A PERSON WHO
50 IS AN OFFICER, DIRECTOR OR EMPLOYEE OF, OR A PERSON WHO HAS A TEN
51 PERCENT OR GREATER OWNERSHIP INTEREST IN ANY ENTITY WHICH HAS RECEIVED
52 SUCH A PAYMENT OR THING OF VALUE SHALL NOT BE MATCHABLE. A LOAN MAY NOT
53 BE TREATED AS A MATCHABLE CONTRIBUTION. FOR PURPOSES OF THIS SUBDIVI-
S. 6427 4
1 SION, A "CONTRIBUTOR" SHALL BE DEEMED TO INCLUDE THE SPOUSE AND UNEMAN-
2 CIPATED CHILDREN OF ANY INDIVIDUAL CONTRIBUTOR.
3 5. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE
4 FOR WHICH PUBLIC FUNDS MAY BE USED.
5 6. THE TERM "FUND" SHALL MEAN THE NEW YORK STATE DELEGATE TO THE
6 CONSTITUTIONAL CONVENTION CAMPAIGN FINANCE FUND ESTABLISHED IN SECTION
7 EIGHTY-ONE OF THE STATE FINANCE LAW.
8 7. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF TOTAL
9 MATCHABLE CONTRIBUTIONS THAT THE AUTHORIZED COMMITTEE OF AN OTHERWISE
10 ELIGIBLE CANDIDATE FOR ELECTION MUST RECEIVE IN ORDER TO QUALIFY FOR
11 OPTIONAL PUBLIC FINANCING PURSUANT TO THIS TITLE.
12 S 14-202. ELIGIBILITY. 1. TO BE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING
13 UNDER THIS TITLE, A CANDIDATE FOR NOMINATION OR ELECTION MUST:
14 (A) MEET ALL THE REQUIREMENTS OF THIS CHAPTER AND OTHER PROVISIONS OF
15 LAW TO HAVE HIS OR HER NAME ON THE BALLOT;
16 (B) BE A CANDIDATE AS DEFINED IN SECTION 14-200 OF THIS TITLE AT A
17 PRIMARY OR GENERAL ELECTION AND MEET THE THRESHOLD FOR ELIGIBILITY SET
18 FORTH IN SUBDIVISION TWO OF THIS SECTION;
19 (C) ELECT TO PARTICIPATE IN THE PUBLIC FUNDING PROVISIONS OF THIS
20 TITLE NOT LATER THAN SEVEN DAYS AFTER THE LAST DAY TO FILE DESIGNATING
21 PETITIONS FOR THE OFFICE SUCH CANDIDATE IS SEEKING;
22 (D) AGREE TO OBTAIN AND FURNISH TO THE STATE BOARD ANY EVIDENCE IT MAY
23 REASONABLY REQUEST RELATING TO HIS OR HER CAMPAIGN EXPENDITURES OR
24 CONTRIBUTIONS AND FURNISH SUCH OTHER PROOF OF COMPLIANCE WITH THIS TITLE
25 AS MAY BE REQUESTED BY THE STATE BOARD;
26 (E) HAVE A SINGLE AUTHORIZED POLITICAL COMMITTEE WHICH HE OR SHE
27 CERTIFIES AS THE AUTHORIZED COMMITTEE FOR THE PURPOSES OF THIS TITLE;
28 (F) AGREE TO IDENTIFY ACCURATELY IN ALL CAMPAIGN MATERIALS THE PERSON
29 OR ENTITY THAT PAID FOR SUCH CAMPAIGN MATERIAL; AND
30 (G) AGREE NOT TO MAKE EXPENDITURES FOR HIS OR HER DESIGNATION, NOMI-
31 NATION OR ELECTION TO MORE THAN ONE OFFICE OR POSITION OR ANY COMBINA-
32 TION THEREOF ON THE BALLOT IN THE SAME ELECTION IN WHICH HE OR SHE IS A
33 CANDIDATE FOR THE OFFICE OF DELEGATE-AT-LARGE OR DISTRICT DELEGATE TO A
34 CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION, WHICH IN THE
35 AGGREGATE, FOR ALL SUCH OFFICES AND POSITIONS SOUGHT AT THE ELECTION,
36 EXCEED THE EXPENDITURE LIMITATIONS ESTABLISHED BY THIS TITLE FOR AN
37 ELIGIBLE CANDIDATE.
38 2. THE THRESHOLD FOR ELIGIBILITY FOR PUBLIC FUNDING FOR CANDIDATES IN
39 A PRIMARY OR GENERAL ELECTION FOR THE FOLLOWING OFFICES SHALL BE:
40 (A) A CANDIDATE FOR DELEGATE-AT-LARGE TO A CONVENTION TO REVISE AND
41 AMEND THE STATE CONSTITUTION IN A PRIMARY ELECTION OR A CANDIDATE FOR
42 DELEGATE-AT-LARGE TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTI-
43 TUTION IN A GENERAL ELECTION. NOT LESS THAN SEVENTY-FIVE THOUSAND
44 DOLLARS IN MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST FIVE HUNDRED SUCH
45 CONTRIBUTIONS OF TEN DOLLARS OR MORE OR ONE-HALF OF THE EXPENDITURE
46 LIMIT, WHICHEVER IS LESS.
47 (B) DISTRICT DELEGATE TO A CONVENTION TO REVISE AND AMEND THE STATE
48 CONSTITUTION IN A PRIMARY OR GENERAL ELECTION. NOT LESS THAN SEVEN THOU-
49 SAND FIVE HUNDRED DOLLARS IN MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST
50 TWENTY-FIVE SUCH CONTRIBUTIONS OF TEN DOLLARS OR MORE FROM RESIDENTS OF
51 THE DISTRICT IN WHICH THE SEAT IS TO BE FILLED OR ONE-HALF OF THE
52 EXPENDITURE LIMIT, WHICHEVER IS LESS.
53 3. IN ORDER TO BE ELIGIBLE TO RECEIVE PUBLIC FUNDS IN A PRIMARY
54 ELECTION, A CANDIDATE MUST AGREE THAT IN THE EVENT SUCH CANDIDATE IS A
55 CANDIDATE FOR SUCH OFFICE IN THE GENERAL ELECTION IN SUCH YEAR, SUCH
56 CANDIDATE WILL BE BOUND BY THE PROVISIONS OF THIS TITLE AND SECTION
S. 6427 5
1 EIGHTY-ONE OF THE STATE FINANCE LAW, INCLUDING, BUT NOT LIMITED TO, THE
2 RECEIPT AND EXPENDITURE LIMITS OF THIS TITLE.
3 4. CANDIDATES FOR DISTRICT DELEGATE WHO ARE CONTESTED IN A PRIMARY
4 ELECTION AND WHO DO NOT SEEK PUBLIC FUNDS SHALL NOT BE ELIGIBLE FOR
5 PUBLIC FUNDS FOR THE GENERAL ELECTION IN THAT YEAR.
6 5. CANDIDATES WHO ARE UNOPPOSED IN A GENERAL ELECTION SHALL NOT BE
7 ELIGIBLE TO RECEIVE PUBLIC FUNDS.
8 6. NO CANDIDATE FOR ELECTION TO AN OFFICE IN A PRIMARY OR GENERAL
9 ELECTION WHO HAS QUALIFIED FOR PUBLIC FUNDS SHALL RECEIVE SUCH PUBLIC
10 FUNDS UNLESS AT LEAST ONE OTHER CANDIDATE FOR SUCH OFFICE IN SUCH
11 ELECTION ALSO QUALIFIED TO RECEIVE PUBLIC FUNDS OR AT LEAST ONE OTHER
12 CANDIDATE FOR SUCH OFFICE IN SUCH ELECTION AND SUCH CANDIDATE'S AUTHOR-
13 IZED COMMITTEE HAVE SPENT, OR CONTRACTED OR OBLIGATED TO SPEND, OR HAVE
14 RECEIVED IN LOANS OR CONTRIBUTIONS AN AMOUNT EXCEEDING TEN PERCENT OF
15 THE EXPENDITURE LIMIT FOR SUCH OFFICE IN SUCH ELECTION WHICH IS FIXED BY
16 THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT SUCH PUBLIC FUNDS.
17 IF A CANDIDATE FOR AN OFFICE AND THE AUTHORIZED COMMITTEE OF SUCH CANDI-
18 DATE REACHES THE THRESHOLD TO QUALIFY TO RECEIVE PUBLIC FUNDS, OR SPENDS
19 OR CONTRACTS OR OBLIGATES TO SPEND, OR RECEIVES IN LOANS OR CONTRIB-
20 UTIONS, AN AMOUNT EXCEEDING TEN PERCENT OF THE EXPENDITURE LIMIT FOR
21 SUCH OFFICE IN SUCH ELECTION AT ANY TIME AFTER THE FILING DEADLINE FOR
22 THE LAST REPORT REQUIRED TO BE FILED BEFORE THE FIRST DISTRIBUTION OF
23 PUBLIC FUNDS FOR SUCH ELECTION, SUCH CANDIDATE OR COMMITTEE MUST NOTIFY
24 THE STATE BOARD OF THAT FACT WITHIN FORTY-EIGHT HOURS BY EXPRESS MAIL.
25 S 14-204. QUALIFIED CAMPAIGN EXPENDITURES. 1. PUBLIC FUNDS PROVIDED
26 UNDER THE PROVISIONS OF THIS TITLE AND SECTION EIGHTY-ONE OF THE STATE
27 FINANCE LAW MAY ONLY BE USED FOR EXPENDITURES BY ANY ONE COMMITTEE
28 AUTHORIZED BY THE CANDIDATE TO MAKE EXPENDITURES ON SUCH CANDIDATE'S
29 BEHALF, TO FURTHER THE CANDIDATE'S NOMINATION OR ELECTION DURING THE
30 CALENDAR YEAR IN WHICH THE PRIMARY OR GENERAL ELECTION IN WHICH THE
31 CANDIDATE SEEKING NOMINATION OR ELECTION IS HELD, FOR SERVICES, MATERI-
32 ALS, FACILITIES OR OTHER THINGS OF VALUE USED DURING THAT YEAR. THE
33 TOTAL OF ALL EXPENDITURES MADE BY THE CANDIDATE AND SUCH CANDIDATE'S
34 AUTHORIZED COMMITTEE, INCLUDING ALL PAYMENTS RECEIVED FROM THE FUND,
35 SHALL NOT EXCEED THE EXPENDITURE LIMITATIONS ESTABLISHED IN SECTION
36 14-210 OF THIS TITLE, EXCEPT INSOFAR AS SUCH PAYMENTS ARE MADE TO REPAY
37 LOANS USED TO PAY CAMPAIGN EXPENDITURES.
38 2. SUCH PUBLIC FUNDS MAY NOT BE USED FOR:
39 (A) AN EXPENDITURE IN VIOLATION OF ANY LAW OF THE UNITED STATES OR OF
40 THIS STATE;
41 (B) PAYMENTS OR ANYTHING OF VALUE GIVEN OR MADE TO THE CANDIDATE, A
42 RELATIVE OF THE CANDIDATE, OR TO A BUSINESS ENTITY IN WHICH ANY SUCH
43 PERSON HAS A TEN PERCENT OR GREATER OWNERSHIP INTEREST OR OF WHICH ANY
44 SUCH PERSON IS AN OFFICER, DIRECTOR OR EMPLOYEE;
45 (C) PAYMENT IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES, MATERIALS,
46 FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
47 (D) ANY EXPENDITURE MADE AFTER THE CANDIDATE, OR THE ONLY REMAINING
48 OPPONENT OF THE CANDIDATE, HAS BEEN DISQUALIFIED OR HAD SUCH CANDIDATE'S
49 PETITIONS DECLARED INVALID BY A BOARD OF ELECTIONS OR A COURT OF COMPE-
50 TENT JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER
51 AUTHORITY. THIS PARAGRAPH SHALL NOT APPLY TO A CANDIDATE ENTITLED TO
52 EXPEND PUBLIC FUNDS PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF
53 SECTION 14-206 OF THIS TITLE;
54 (E) ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
55 DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION, ACCEPTANCE,
56 AUTHORIZATION, DECLINATION OR SUBSTITUTION;
S. 6427 6
1 (F) EXPENDITURE FOR NONCAMPAIGN RELATED FOOD, DRINK OR ENTERTAINMENT;
2 AND
3 (G) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER CAMPAIGN MATERI-
4 AL.
5 S 14-206. OPTIONAL PUBLIC FINANCING. 1. ELIGIBLE CANDIDATES FOR NOMI-
6 NATION OR ELECTION IN PRIMARY AND GENERAL ELECTIONS MAY OBTAIN PAYMENT
7 TO AUTHORIZED COMMITTEES FROM PUBLIC FUNDS FOR QUALIFIED CAMPAIGN
8 EXPENDITURES. NO SUCH PUBLIC FUNDS SHALL BE PAID TO AN AUTHORIZED
9 COMMITTEE UNTIL THE CANDIDATE HAS QUALIFIED AS AN ELIGIBLE CANDIDATE AND
10 FILED A SWORN STATEMENT WITH THE STATE BOARD ELECTING TO RECEIVE PUBLIC
11 FUNDS AND AGREEING TO ABIDE BY THE REQUIREMENTS OF THIS TITLE AND
12 SECTION EIGHTY-ONE OF THE STATE FINANCE LAW. PAYMENTS SHALL NOT EXCEED
13 THE AMOUNTS SPECIFIED IN THIS TITLE, AND SHALL BE MADE ONLY IN ACCORD-
14 ANCE WITH THE PROVISIONS OF THIS TITLE AND SECTION EIGHTY-ONE OF THE
15 STATE FINANCE LAW. SUCH PAYMENTS MAY ONLY BE MADE TO AN ELIGIBLE CANDI-
16 DATE'S AUTHORIZED COMMITTEE. NO PUBLIC FUNDS SHALL BE USED EXCEPT AS
17 REIMBURSEMENT OR PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES ACTUALLY
18 AND LAWFULLY INCURRED OR TO REPAY LOANS USED TO PAY QUALIFIED CAMPAIGN
19 EXPENDITURES.
20 2. (A) THE AUTHORIZED COMMITTEE OF EACH ELIGIBLE CANDIDATE SHALL BE
21 ENTITLED TO PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES NOT TO EXCEED
22 ONE DOLLAR FOR EACH ONE DOLLAR OF MATCHABLE CONTRIBUTIONS OBTAINED AND
23 REPORTED TO THE STATE BOARD IN ACCORDANCE WITH THE PROVISIONS OF THIS
24 TITLE.
25 (B) HOWEVER, IF ANY CANDIDATE IN ANY ELECTION FOR AN OFFICE FOR WHICH
26 PUBLIC FUNDS ARE AVAILABLE PURSUANT TO THE PROVISIONS OF THIS TITLE AND
27 SECTION EIGHTY-ONE OF THE STATE FINANCE LAW, ELECTS NOT TO ACCEPT SUCH
28 PUBLIC FUNDS AND SUCH CANDIDATE AND SUCH CANDIDATE'S AUTHORIZED COMMIT-
29 TEE SPEND OR CONTRACT OR OBLIGATE TO SPEND, OR RECEIVE IN LOANS OR
30 CONTRIBUTIONS, AN AMOUNT EXCEEDING ONE-THIRD OF THE EXPENDITURE LIMIT
31 FOR SUCH OFFICE FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO
32 ACCEPT SUCH PUBLIC FUNDS, THEN THE AUTHORIZED COMMITTEE OF EACH ELIGIBLE
33 CANDIDATE FOR SUCH OFFICE SHALL BE ENTITLED TO PAYMENT FOR QUALIFIED
34 CAMPAIGN EXPENDITURES NOT TO EXCEED TWO DOLLARS FOR EACH SUCH DOLLAR OF
35 MATCHABLE CONTRIBUTIONS. IF A CANDIDATE WHO ELECTS NOT TO ACCEPT SUCH
36 PUBLIC FUNDS, OR THE AUTHORIZED COMMITTEE OF SUCH A CANDIDATE, SPENDS OR
37 CONTRACTS OR OBLIGATES TO SPEND, OR RECEIVES IN LOANS OR CONTRIBUTIONS,
38 AN AMOUNT EXCEEDING ONE-THIRD OF THE EXPENDITURE LIMIT FOR SUCH OFFICE,
39 SUCH CANDIDATE OR COMMITTEE MUST NOTIFY THE STATE BOARD OF THE FACT
40 WITHIN FORTY-EIGHT HOURS BY EXPRESS MAIL.
41 3. NO CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS UNOPPOSED IN A
42 PRIMARY ELECTION SHALL BE ENTITLED TO PAYMENT FROM THE FUND FOR QUALI-
43 FIED CAMPAIGN EXPENDITURES, UNLESS THERE IS A CONTEST IN SUCH PRIMARY
44 FOR THE NOMINATION OF AT LEAST ONE OTHER PARTY FOR SUCH OFFICE. WHERE
45 THERE IS SUCH A CONTEST, THE AUTHORIZED COMMITTEE OF AN UNOPPOSED CANDI-
46 DATE FOR NOMINATION MAY RECEIVE ONE-HALF OF THE PAYMENT PROVIDED IN
47 SUBDIVISION TWO OF THIS SECTION, PROVIDED THAT SUCH CANDIDATE OTHERWISE
48 QUALIFIES PURSUANT TO THE PROVISIONS OF THIS TITLE. SUCH PAYMENT MAY
49 ONLY BE EXPENDED FOR PROPERTY, SERVICES OR FACILITIES USED ON OR BEFORE
50 THE DATE OF SUCH PRIMARY.
51 4. THE TOTAL PAYMENTS FROM THE FUND RECEIVED BY THE AUTHORIZED COMMIT-
52 TEE OF ANY CANDIDATE, WHEN ADDED TO THE TOTAL OF CONTRIBUTIONS RECEIVED
53 BY SUCH CANDIDATE AND SUCH CANDIDATE'S AUTHORIZED COMMITTEE, MAY NOT
54 EXCEED THE AMOUNT WHICH MAY BE EXPENDED BY SUCH CANDIDATE PURSUANT TO
55 THE PROVISIONS OF THIS TITLE.
S. 6427 7
1 5. THE STATE BOARD SHALL PROMPTLY EXAMINE ALL REPORTS OF CONTRIBUTIONS
2 TO DETERMINE THAT, ON THEIR FACE, THEY MEET THE REQUIREMENTS FOR MATCHA-
3 BLE CONTRIBUTIONS, AND SHALL KEEP A RECORD OF SUCH CONTRIBUTIONS.
4 6. THE STATE BOARD SHALL PROMULGATE REGULATIONS FOR THE CERTIFICATION
5 FOR APPROVAL OF PAYMENT BY THE NEW YORK STATE DELEGATE TO THE CONSTITU-
6 TIONAL CONVENTION CAMPAIGN FINANCE FUND PURSUANT TO SECTION EIGHTY-ONE
7 OF THE STATE FINANCE LAW OF THE SUM OF PUBLIC FUNDS THAT SUCH CANDIDATE
8 HAS QUALIFIED TO RECEIVE FROM THE NEW YORK STATE DELEGATE TO THE CONSTI-
9 TUTIONAL CONVENTION CAMPAIGN FINANCE FUND. THESE REGULATIONS SHALL
10 INCLUDE THE PROMULGATION AND DISTRIBUTION OF FORMS ON WHICH CONTRIB-
11 UTIONS AND EXPENDITURES ARE TO BE REPORTED, THE PERIODS DURING WHICH
12 SUCH REPORTS MUST BE FILED AND THE VERIFICATION REQUIRED. THE STATE
13 BOARD SHALL ENDEAVOR TO INSTITUTE PROCEDURES WHICH WILL MAKE POSSIBLE
14 PAYMENT BY THE NEW YORK STATE DELEGATE TO THE CONSTITUTIONAL CONVENTION
15 CAMPAIGN FINANCE FUND WITHIN FOUR BUSINESS DAYS AFTER RECEIPT OF THE
16 REQUIRED FORMS AND VERIFICATIONS.
17 S 14-208. CONTRIBUTION AND RECEIPT LIMITATIONS. 1. THE FOLLOWING LIMI-
18 TATIONS APPLY TO ALL CONTRIBUTIONS FOR THOSE OFFICES FOR WHICH PUBLIC
19 FUNDS ARE AVAILABLE PURSUANT TO THE PROVISIONS OF THIS TITLE AND SECTION
20 EIGHTY-ONE OF THE STATE FINANCE LAW:
21 (A) IN ANY PRIMARY OR GENERAL ELECTION FOR A PUBLIC OFFICE TO BE VOTED
22 ON BY THE VOTERS OF THE ENTIRE STATE, NO CONTRIBUTOR MAY MAKE A CONTRIB-
23 UTION TO ANY CANDIDATE OR AUTHORIZED COMMITTEE, AND NO CANDIDATE OR
24 AUTHORIZED COMMITTEE MAY ACCEPT ANY CONTRIBUTION FROM ANY CONTRIBUTOR,
25 WHICH, IN THE AGGREGATE AMOUNT, IS GREATER THAN FOUR THOUSAND DOLLARS. A
26 CANDIDATE FOR DELEGATE-AT-LARGE TO A CONVENTION TO REVISE AND AMEND THE
27 STATE CONSTITUTION IN A GENERAL ELECTION WHO HAS ELECTED TO PARTICIPATE
28 IN THE OPTIONAL PUBLIC FINANCING PROVISIONS OF THIS TITLE MAY ACCEPT
29 FROM ONE OR MORE OF THE PARTY COMMITTEES OR CONSTITUTED COMMITTEES OF
30 ALL THE PARTIES WHICH HAVE NOMINATED SUCH CANDIDATE, AN AMOUNT WHICH, IN
31 THE AGGREGATE, DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS. A CANDI-
32 DATE FOR DELEGATE-AT-LARGE TO A CONVENTION TO REVISE AND AMEND THE STATE
33 CONSTITUTION IN A GENERAL ELECTION WHO HAS ELECTED NOT TO PARTICIPATE IN
34 SUCH OPTIONAL PUBLIC FINANCING MAY ACCEPT FROM SUCH PARTY OR CONSTITUTED
35 COMMITTEE AN AMOUNT, WHICH IN THE AGGREGATE, DOES NOT EXCEED FIFTY THOU-
36 SAND DOLLARS.
37 (B) IN ANY PRIMARY OR GENERAL ELECTION FOR DISTRICT DELEGATE TO A
38 CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION, NO CONTRIBUTOR
39 MAY MAKE A CONTRIBUTION TO ANY CANDIDATE OR AUTHORIZED COMMITTEE, AND NO
40 CANDIDATE OR AUTHORIZED COMMITTEE MAY ACCEPT ANY CONTRIBUTION FROM ANY
41 CONTRIBUTOR, WHICH, IN THE AGGREGATE AMOUNT, IS GREATER THAN ONE THOU-
42 SAND FIVE HUNDRED DOLLARS, EXCEPT THAT A CANDIDATE FOR DISTRICT DELEGATE
43 TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION IN A GENERAL
44 ELECTION WHO HAS ELECTED TO PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING
45 PROVISIONS OF THIS TITLE OR SUCH CANDIDATE'S AUTHORIZED COMMITTEE MAY
46 ACCEPT FROM ONE OR MORE OF THE PARTY OR CONSTITUTED COMMITTEES OF ALL OF
47 THE PARTIES WHICH HAVE NOMINATED SUCH CANDIDATE, AN AMOUNT WHICH IN THE
48 AGGREGATE DOES NOT EXCEED FIFTY THOUSAND DOLLARS. A CANDIDATE FOR
49 DISTRICT DELEGATE TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTI-
50 TUTION WHO HAS ELECTED NOT TO PARTICIPATE IN SUCH OPTIONAL PUBLIC
51 FINANCING MAY ACCEPT FROM SUCH PARTY OR CONSTITUTED COMMITTEES AN AMOUNT
52 WHICH, IN THE AGGREGATE, DOES NOT EXCEED THIRTY THOUSAND DOLLARS.
53 (C) HOWEVER, IF ANY CANDIDATE ELECTS NOT TO ACCEPT SUCH PUBLIC FUNDS
54 AND SUCH CANDIDATE AND SUCH CANDIDATE'S AUTHORIZED COMMITTEE SPEND OR
55 CONTRACT OR OBLIGATE TO SPEND, OR RECEIVE IN LOANS OR CONTRIBUTIONS, AN
56 AMOUNT EXCEEDING ONE-THIRD OF THE EXPENDITURE LIMIT FOR SUCH OFFICE
S. 6427 8
1 FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT SUCH
2 PUBLIC FUNDS, CONTRIBUTORS TO THOSE CANDIDATES FOR SUCH OFFICE WHO HAVE
3 ELECTED TO RECEIVE PUBLIC FUNDS SHALL BE ALLOWED TO CONTRIBUTE AND SUCH
4 CANDIDATES OR AUTHORIZED COMMITTEES SHALL BE ALLOWED TO ACCEPT CONTRIB-
5 UTIONS FROM ANY CONTRIBUTOR, WHICH, IN THE AGGREGATE, ARE TWICE THE
6 AMOUNT WHICH WOULD OTHERWISE BE ALLOWED BY PARAGRAPHS (A) AND (B) OF
7 THIS SUBDIVISION, WHICHEVER IS APPLICABLE. IF A CANDIDATE WHO ELECTS NOT
8 TO ACCEPT SUCH PUBLIC FUNDS, AND THE AUTHORIZED COMMITTEE OF SUCH A
9 CANDIDATE SPENDS OR CONTRACTS OR OBLIGATES TO SPEND, OR RECEIVES IN
10 LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING ONE-THIRD OF THE EXPENDITURE
11 LIMIT FOR SUCH OFFICE, SUCH CANDIDATE OR COMMITTEE MUST NOTIFY THE STATE
12 BOARD OF THAT FACT WITHIN FORTY-EIGHT HOURS BY EXPRESS MAIL.
13 (D) SIXTY DAYS BEFORE AN ELECTION AT WHICH A BALLOT QUESTION WHICH
14 ASKS THE VOTERS OF THE STATE IF THERE SHALL BE A CONVENTION TO REVISE
15 AND AMEND THE STATE CONSTITUTION IS ON THE BALLOT, THE STATE BOARD SHALL
16 DETERMINE THE PERCENTAGE DIFFERENCE BETWEEN THE MOST RECENT AVAILABLE
17 MONTHLY CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS PUBLISHED BY THE
18 UNITED STATES BUREAU OF LABOR STATISTICS AND SUCH CONSUMER PRICE INDEX
19 PUBLISHED FOR THE SAME MONTH AT THE END OF TWO THOUSAND ONE. THE AMOUNT
20 OF EACH CONTRIBUTION LIMIT FIXED IN THIS SUBDIVISION SHALL BE ADJUSTED
21 BY THE AMOUNT OF SUCH PERCENTAGE DIFFERENCE TO THE CLOSEST ONE HUNDRED
22 DOLLARS BY THE STATE BOARD, WHICH SHALL FORTHWITH ISSUE A REGULATION
23 SETTING FORTH THE AMOUNT OF EACH SUCH CONTRIBUTION LIMIT. EACH CONTRIB-
24 UTION LIMIT AS SO ADJUSTED SHALL BE THE CONTRIBUTION LIMIT IN EFFECT FOR
25 ANY ELECTION HELD BEFORE THE NEXT SUCH ADJUSTMENT.
26 2. A COMMITTEE WHICH HAS BEEN AUTHORIZED BY A PERSON WHO IS A CANDI-
27 DATE FOR DELEGATE-AT-LARGE OR DISTRICT DELEGATE TO A CONVENTION TO
28 REVISE AND AMEND THE STATE CONSTITUTION IN CONNECTION WITH SUCH PERSON'S
29 CANDIDACY FOR ANOTHER OFFICE OR POSITION MAY NOT BE DESIGNATED AS THE
30 AUTHORIZED COMMITTEE FOR THE ELECTION FOR DELEGATE-AT-LARGE OR DISTRICT
31 DELEGATE TO THE CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION.
32 SUCH COMMITTEE MAY NOT CONTRIBUTE TO SUCH CANDIDATE AND SUCH CANDIDATE'S
33 AUTHORIZED COMMITTEE FOR THE OFFICE OF DELEGATE-AT-LARGE OR DISTRICT
34 DELEGATE TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION ANY
35 MORE THAN THE CONTRIBUTION LIMIT FOR SUCH OFFICE ESTABLISHED BY THIS
36 TITLE, NOR SHALL SUCH OTHER AUTHORIZED COMMITTEE TRANSFER ANY MONEY OR
37 THING OF VALUE TO SUCH CANDIDATE OR THE COMMITTEE AUTHORIZED BY SUCH
38 CANDIDATE FOR THE ELECTION FOR DELEGATE-AT-LARGE OR DISTRICT DELEGATE TO
39 A CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION.
40 3. EXCEPT FOR THE LIMITATIONS SPECIFICALLY SET FORTH IN THIS SECTION,
41 SUCH ELIGIBLE CANDIDATES SHALL BE SUBJECT TO THE PROVISIONS OF SECTION
42 14-114 OF THIS ARTICLE.
43 S 14-210. EXPENDITURE LIMITATIONS. 1. THE FOLLOWING LIMITATIONS APPLY
44 TO ALL EXPENDITURES BY ELIGIBLE CANDIDATES AND THEIR AUTHORIZED COMMIT-
45 TEES RECEIVING PUBLIC FUNDS PURSUANT TO THE PROVISIONS OF THIS TITLE AND
46 SECTION EIGHTY-ONE OF THE STATE FINANCE LAW.
47 2. (A) IN ANY PRIMARY ELECTION, EXPENDITURES BY ELIGIBLE CANDIDATES
48 FOR DELEGATE-AT-LARGE TO A CONVENTION TO REVISE AND AMEND THE STATE
49 CONSTITUTION AND THEIR AUTHORIZED COMMITTEES, INCLUDING EXPENDITURES FOR
50 NOMINATION TO ANY OTHER OFFICE OR POSITION FOR WHICH SUCH PERSON IS A
51 CANDIDATE AT SUCH ELECTION, SHALL NOT EXCEED THE SUM OF SEVENTY-FIVE
52 CENTS FOR EACH VOTER ENROLLED IN THE CANDIDATE'S PARTY IN THE STATE, OR
53 TWO HUNDRED FIFTY THOUSAND DOLLARS, WHICHEVER IS GREATER, AND EXPENDI-
54 TURES BY ELIGIBLE CANDIDATES FOR DISTRICT DELEGATE TO A CONVENTION TO
55 REVISE AND AMEND THE STATE CONSTITUTION AND THEIR AUTHORIZED COMMITTEES
56 SHALL NOT EXCEED THE SUM OF ONE DOLLAR AND SEVENTY-FIVE CENTS FOR EACH
S. 6427 9
1 VOTER ENROLLED IN THE CANDIDATE'S PARTY IN THE DISTRICT IN WHICH SUCH
2 CANDIDATE IS A CANDIDATE AS DETERMINED BY THE RECORDS OF THE APPROPRIATE
3 BOARD OR BOARDS OF ELECTION AS OF THE LAST GENERAL ELECTION PRECEDING
4 THE PRIMARY ELECTION, OR FIFTEEN THOUSAND DOLLARS, WHICHEVER IS GREATER.
5 HOWEVER, SUCH EXPENDITURES SHALL NOT EXCEED FIVE HUNDRED THOUSAND
6 DOLLARS IN A PRIMARY ELECTION FOR DELEGATE-AT-LARGE TO A CONVENTION TO
7 REVISE AND AMEND THE STATE CONSTITUTION, AND THIRTY THOUSAND DOLLARS IN
8 A PRIMARY ELECTION FOR DISTRICT DELEGATE TO A CONVENTION TO REVISE AND
9 AMEND THE STATE CONSTITUTION.
10 (B) IN ANY GENERAL ELECTION, EXPENDITURES BY ELIGIBLE CANDIDATES FOR
11 THE FOLLOWING OFFICES AND THEIR DESIGNATED COMMITTEES, INCLUDING EXPEND-
12 ITURES FOR ELECTION TO ANY OTHER OFFICE FOR WHICH SUCH PERSON IS A
13 CANDIDATE AT SUCH ELECTION, SHALL NOT EXCEED THE FOLLOWING AMOUNTS:
14 FOR A CANDIDATE FOR:
15 DELEGATE-AT-LARGE
16 TO A CONVENTION TO REVISE AND
17 AMEND THE STATE CONSTITUTION $1,500,000
18 DISTRICT DELEGATE
19 TO A CONVENTION TO REVISE AND
20 AMEND THE STATE CONSTITUTION $150,000
21 (C) HOWEVER, IF ANY CANDIDATE ELECTS NOT TO ACCEPT SUCH PUBLIC FUNDS
22 AND SUCH CANDIDATE AND SUCH CANDIDATE'S AUTHORIZED COMMITTEE SPEND OR
23 CONTRACT OR OBLIGATE TO SPEND, OR RECEIVE IN LOANS OR CONTRIBUTIONS, AN
24 AMOUNT EXCEEDING ONE-THIRD OF THE EXPENDITURE LIMIT FOR SUCH OFFICE
25 FIXED BY PARAGRAPH (A) OR (B) OF THIS SUBDIVISION, WHICHEVER IS APPLICA-
26 BLE, FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT SUCH PUBLIC FUNDS, THERE
27 SHALL BE NO EXPENDITURE LIMIT FOR THOSE CANDIDATES FOR SUCH OFFICE WHO
28 HAVE ELECTED TO RECEIVE PUBLIC FUNDS. IF A CANDIDATE WHO ELECTS NOT TO
29 ACCEPT SUCH PUBLIC FUNDS, AND SUCH CANDIDATE AND THE AUTHORIZED COMMIT-
30 TEE OF SUCH A CANDIDATE SPENDS OR CONTRACTS OR OBLIGATES TO SPEND, OR
31 RECEIVES IN LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING ONE-THIRD OF THE
32 EXPENDITURE LIMIT FOR SUCH OFFICE, SUCH CANDIDATE OR COMMITTEE MUST
33 NOTIFY THE STATE BOARD OF THAT FACT WITHIN FORTY-EIGHT HOURS BY EXPRESS
34 MAIL.
35 (D) CANDIDATES FOR OFFICE WHO ARE UNOPPOSED IN THE PRIMARY ELECTION
36 MAY EXPEND BEFORE THE PRIMARY ELECTION, FOR SERVICES, MATERIALS OR
37 FACILITIES USED ON OR BEFORE THE DATE OF SUCH PRIMARY ELECTION, AN
38 AMOUNT EQUAL TO HALF THE SUM SUCH CANDIDATES WOULD BE ENTITLED TO SPEND
39 IF THEIR NOMINATION WAS CONTESTED IN SUCH PRIMARY ELECTION; PROVIDED
40 THAT THERE IS A CONTEST IN SUCH PRIMARY FOR THE NOMINATION OF AT LEAST
41 ONE OTHER PARTY FOR SUCH OFFICE.
42 (E) EXPENDITURES FOR LEGAL FEES AND EXPENSES TO DEFEND THE VALIDITY OF
43 PETITIONS OF DESIGNATION OR NOMINATION OR CERTIFICATES OF NOMINATION,
44 ACCEPTANCE, AUTHORIZATION, DECLINATION OR SUBSTITUTION, OR TO CHALLENGE
45 SUCCESSFULLY, ANY SUCH PETITION OR CERTIFICATE ON GROUNDS OF FRAUD AND
46 FOR EXPENSES INCURRED TO COMPLY WITH THE CAMPAIGN FINANCE REPORTING
47 REQUIREMENTS OF THIS ARTICLE SHALL NOT BE SUBJECT TO THE EXPENDITURE
48 LIMITS OF THIS SUBDIVISION.
49 (F) NOTWITHSTANDING ANY EXPENDITURE LIMIT IN THIS SUBDIVISION, EACH
50 COUNTY COMMITTEE OF ANY PARTY WHICH NOMINATES A CANDIDATE FOR STATEWIDE
51 OFFICE, INCLUDING ANY SUBCOMMITTEES OF SUCH A COMMITTEE, MAY EXPEND IN
52 SUPPORT OF EACH SUCH CANDIDATE FOR STATEWIDE OFFICE OF SUCH PARTY WHO
S. 6427 10
1 HAS AGREED TO ACCEPT PUBLIC FINANCING, AN AMOUNT WHICH SHALL NOT EXCEED
2 THE SUM OF TWO CENTS FOR EACH VOTER REGISTERED IN SUCH COUNTY AS DETER-
3 MINED BY THE RECORDS OF THE APPROPRIATE BOARD OF ELECTIONS AS OF THE
4 PRECEDING GENERAL ELECTION.
5 (G) SIXTY DAYS BEFORE AN ELECTION AT WHICH A BALLOT QUESTION WHICH
6 ASKS THE VOTERS OF THE STATE IF THERE SHALL BE A CONVENTION TO REVISE
7 AND AMEND THE STATE CONSTITUTION IS ON THE BALLOT, THE STATE BOARD SHALL
8 DETERMINE THE PERCENTAGE DIFFERENCE BETWEEN THE MOST RECENT AVAILABLE
9 MONTHLY CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS PUBLISHED BY THE
10 UNITED STATES BUREAU OF LABOR STATISTICS AND SUCH CONSUMER PRICE INDEX
11 PUBLISHED AT THE END OF TWO THOUSAND ONE. THE AMOUNT OF EACH EXPENDITURE
12 LIMIT FIXED IN THIS SUBDIVISION SHALL BE ADJUSTED BY THE AMOUNT OF SUCH
13 PERCENTAGE DIFFERENCE TO THE CLOSEST ONE THOUSAND DOLLARS BY THE STATE
14 BOARD, WHICH SHALL FORTHWITH ISSUE A REGULATION SETTING FORTH THE AMOUNT
15 OF EACH SUCH CONTRIBUTION LIMIT. EACH CONTRIBUTION LIMIT AS SO ADJUSTED
16 SHALL BE THE CONTRIBUTION LIMIT IN EFFECT FOR ANY ELECTION HELD BEFORE
17 THE NEXT SUCH ADJUSTMENT.
18 3. IN COMPUTING THE AGGREGATE AMOUNT EXPENDED FOR PURPOSES OF THIS
19 SECTION, EXPENDITURES MADE BY A COMMITTEE IN SUPPORT OF MORE THAN ONE
20 CANDIDATE SHALL BE ALLOCATED AMONG SUCH CANDIDATES SUPPORTED BY THE
21 COMMITTEE IN ACCORDANCE WITH FORMULAS PROMULGATED BY THE STATE BOARD OR,
22 IN THE ABSENCE OF SUCH OFFICIAL FORMULAS, IN ACCORDANCE WITH ANY FORMULA
23 BASED UPON REASONABLE STANDARDS. THE STATEMENTS FILED BY SUCH COMMITTEE
24 IN ACCORDANCE WITH THIS CHAPTER SHALL SET FORTH, IN ADDITION TO THE
25 OTHER INFORMATION REQUIRED, THE TOTAL AMOUNT EXPENDED BY THE COMMITTEE
26 ON BEHALF OF ALL SUCH CANDIDATES AND THE AMOUNT ALLOCATED TO EACH CANDI-
27 DATE BY DOLLAR AMOUNT AND PERCENTAGE. EXPENDITURES BY A STATE OR OTHER
28 COMMITTEE OF A POLITICAL PARTY FOR ACTIVITIES WHICH DO NOT SUPPORT OR
29 OPPOSE THE ELECTION OF ANY CANDIDATE OR CANDIDATES BY NAME OR BY CLEAR
30 INFERENCE SHALL NOT BE REGARDED AS EXPENDITURES ON BEHALF OF OR IN OPPO-
31 SITION TO A CANDIDATE.
32 S 14-212. EXAMINATIONS AND AUDITS; REPAYMENTS. 1. THE STATE BOARD
33 SHALL CONDUCT A THOROUGH EXAMINATION AND AUDIT OF THE CONTRIBUTIONS AND
34 QUALIFIED CAMPAIGN EXPENSES OF THE AUTHORIZED COMMITTEE OF EVERY ELIGI-
35 BLE CANDIDATE WHO RECEIVED PAYMENTS PURSUANT TO SECTION 14-206 OF THIS
36 TITLE.
37 2. (A) IF THE STATE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT
38 MADE TO SUCH AUTHORIZED COMMITTEE FROM THE FUND WAS IN EXCESS OF THE
39 AGGREGATE AMOUNT OF PAYMENTS TO WHICH SUCH ELIGIBLE CANDIDATE WAS ENTI-
40 TLED PURSUANT TO SECTION 14-206 OF THIS TITLE, IT SHALL NOTIFY SUCH
41 COMMITTEE, AND SUCH COMMITTEE SHALL PAY TO THE STATE BOARD AN AMOUNT
42 EQUAL TO THE AMOUNT OF EXCESS PAYMENTS.
43 (B) IF THE STATE BOARD DETERMINES THAT ANY AMOUNT OF PAYMENT MADE TO
44 AN AUTHORIZED COMMITTEE OF AN ELIGIBLE CANDIDATE FROM THE FUND WAS USED
45 FOR PURPOSES OTHER THAN TO DEFRAY QUALIFIED CAMPAIGN EXPENSES, IT SHALL
46 NOTIFY THE SAID AUTHORIZED COMMITTEE OF THE AMOUNT DISQUALIFIED, AND THE
47 SAID AUTHORIZED COMMITTEE SHALL PAY TO THE STATE BOARD AN AMOUNT EQUAL
48 TO SUCH DISQUALIFIED AMOUNT.
49 (C) IF THE TOTAL OF CONTRIBUTIONS AND PAYMENTS FROM THE FUND RECEIVED
50 BY ANY CANDIDATE AND SUCH CANDIDATE'S AUTHORIZED COMMITTEE EXCEEDS THE
51 CAMPAIGN EXPENDITURES OF SUCH CANDIDATE AND COMMITTEE, SUCH CANDIDATE
52 AND COMMITTEE SHALL USE SUCH EXCESS FUNDS TO REIMBURSE THE FUND FOR
53 PAYMENTS RECEIVED BY SUCH COMMITTEE FROM THE FUND NOT LATER THAN TEN
54 DAYS AFTER ALL LIABILITIES HAVE BEEN PAID AND IN ANY EVENT, NOT LATER
55 THAN MARCH THIRTY-FIRST OF THE YEAR FOLLOWING THE YEAR OF THE ELECTION
56 FOR WHICH SUCH PAYMENTS WERE INTENDED. NO SUCH EXCESS FUNDS SHALL BE
S. 6427 11
1 USED FOR ANY OTHER PURPOSE, UNLESS THE TOTAL AMOUNT DUE THE FUND FROM
2 SUCH CANDIDATE AND COMMITTEE HAS BEEN REPAID.
3 3. IF A COURT OF COMPETENT JURISDICTION DISQUALIFIES A CANDIDATE WHOSE
4 AUTHORIZED COMMITTEE HAS RECEIVED PUBLIC FUNDS ON THE GROUNDS THAT SUCH
5 CANDIDATE COMMITTED FRAUDULENT ACTS IN ORDER TO OBTAIN A PLACE ON THE
6 BALLOT AND SUCH DECISION IS NOT REVERSED BY A HIGHER COURT, SUCH CANDI-
7 DATE AND SUCH CANDIDATE'S AUTHORIZED COMMITTEE SHALL PAY TO THE STATE
8 BOARD AN AMOUNT EQUAL TO THE TOTAL OF PUBLIC FUNDS RECEIVED BY SUCH
9 AUTHORIZED COMMITTEE.
10 4. ALL PAYMENTS RECEIVED BY THE STATE BOARD PURSUANT TO THIS SECTION
11 SHALL BE DEPOSITED IN THE NEW YORK STATE DELEGATE TO THE CONSTITUTIONAL
12 CONVENTION CAMPAIGN FINANCE FUND.
13 S 14-214. PENALTIES. 1. ANY PERSON WHO KNOWINGLY AND WILLFULLY FAILS
14 TO FILE A STATEMENT REQUIRED TO BE FILED BY THIS TITLE OR THE RULES OR
15 REGULATIONS OF THE STATE BOARD IN IMPLEMENTATION THEREOF WITHIN FIVE
16 DAYS AFTER THE DATE PROVIDED FOR FILING SUCH STATEMENT, OR ANY PERSON
17 WHO KNOWINGLY AND WILLFULLY VIOLATES ANY OTHER PROVISION OF THIS TITLE
18 OR OF SECTION EIGHTY-ONE OF THE STATE FINANCE LAW SHALL BE GUILTY OF A
19 CLASS A MISDEMEANOR, UNLESS A GREATER PENALTY IS SPECIFICALLY PRESCRIBED
20 IN ANOTHER APPLICABLE STATUTE.
21 2. ANY PERSON WHO KNOWINGLY AND WILLFULLY CONTRIBUTES OR EXPENDS OR
22 AIDS OR PARTICIPATES IN THE CONTRIBUTION OR EXPENDITURE OF FUNDS IN AN
23 AMOUNT EXCEEDING AN APPLICABLE MAXIMUM SPECIFIED IN THIS TITLE, OR WHO
24 KNOWINGLY AND WILLFULLY ACCEPTS OR AIDS OR PARTICIPATES IN THE ACCEPT-
25 ANCE OF A CONTRIBUTION IN AN AMOUNT EXCEEDING AN APPLICABLE MAXIMUM
26 SPECIFIED IN THIS TITLE SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
27 3. ANY PERSON WHO KNOWINGLY AND WILLFULLY NEGLECTS OR REFUSES TO
28 FURNISH ANY INFORMATION REQUIRED OR AUTHORIZED BY THIS TITLE OR BY
29 SECTION EIGHTY-ONE OF THE STATE FINANCE LAW, OR TO EXHIBIT RECORDS,
30 PAPERS OR DOCUMENTS AUTHORIZED BY THIS TITLE OR BY SECTION EIGHTY-ONE OF
31 THE STATE FINANCE LAW TO BE INSPECTED OR WHICH ARE REQUIRED TO BE EXHIB-
32 ITED, SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
33 4. ANY PERSON WHO KNOWINGLY AND WILLFULLY EXPENDS OR AIDS OR PARTIC-
34 IPATES IN THE EXPENDITURE OF FUNDS FOR A PURPOSE OR IN A MANNER WHICH
35 VIOLATES THE PROVISIONS OF THIS TITLE, OR WHICH VIOLATES THE PROVISIONS
36 OF SECTION EIGHTY-ONE OF THE STATE FINANCE LAW, SHALL BE GUILTY OF A
37 CLASS A MISDEMEANOR.
38 5. ANY PERSON WHO KNOWINGLY AND WILLFULLY FAILS TO RETURN OR AIDS OR
39 PARTICIPATES IN THE FAILURE TO RETURN TO THE STATE BOARD OR TO THE NEW
40 YORK STATE DELEGATE TO THE CONSTITUTIONAL CONVENTION CAMPAIGN FINANCE
41 FUND ANY FUNDS REQUIRED TO BE RETURNED TO SUCH BOARD OR FUND PURSUANT TO
42 THE PROVISIONS OF THIS TITLE OR SECTION EIGHTY-ONE OF THE STATE FINANCE
43 LAW SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
44 6. ANY PERSON WHO FURNISHES ANY FALSE, FICTITIOUS OR FRAUDULENT
45 EVIDENCE, BOOKS OR INFORMATION TO THE STATE BOARD OF ELECTIONS UNDER
46 THIS TITLE OR INCLUDES IN ANY EVIDENCE, BOOKS, OR INFORMATION SO
47 FURNISHED ANY MISREPRESENTATION OF A MATERIAL FACT, OR FALSIFIES OR
48 CONCEALS ANY EVIDENCE, BOOKS, OR INFORMATION RELEVANT TO ANY AUDIT BY
49 THE STATE BOARD OF ELECTIONS OR KNOWINGLY AND WILLFULLY VIOLATES ANY
50 OTHER PROVISION OF THIS TITLE OR OF SECTION EIGHTY-ONE OF THE STATE
51 FINANCE LAW SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
52 7. THE ATTORNEY GENERAL SHALL BE PRIMARILY RESPONSIBLE FOR INSTITUTING
53 AND CONDUCTING PROSECUTIONS UNDER THIS SECTION. IN SUCH CASES, THE
54 ATTORNEY GENERAL OR THE ATTORNEY GENERAL'S DEPUTY SHALL EXERCISE ALL THE
55 POWERS AND PERFORM ALL THE DUTIES WHICH THE DISTRICT ATTORNEY WOULD
56 OTHERWISE BE AUTHORIZED OR REQUIRED TO EXERCISE OR PERFORM; WHENEVER ANY
S. 6427 12
1 SUCH PROSECUTION IS INSTITUTED BY THE ATTORNEY GENERAL, THE DISTRICT
2 ATTORNEY SHALL ONLY EXERCISE SUCH POWERS AND PERFORM SUCH DUTIES AS ARE
3 REQUIRED OF THE DISTRICT ATTORNEY BY THE ATTORNEY GENERAL OR THE DEPUTY
4 ATTORNEY GENERAL. UNTIL AND UNLESS THE ATTORNEY GENERAL EXERCISES
5 AUTHORITY UNDER THIS SECTION, AN OTHERWISE AUTHORIZED DISTRICT ATTORNEY
6 MAY INSTITUTE AND CONDUCT A PROSECUTION UNDER THIS SECTION.
7 8. WHENEVER THE ATTORNEY GENERAL IS AUTHORIZED UNDER THIS TITLE TO
8 PROSECUTE A CRIMINAL PROCEEDING ON BEHALF OF THE STATE BOARD, THE ATTOR-
9 NEY GENERAL SHALL HAVE THE DISCRETION TO DELEGATE THE AUTHORITY TO
10 INITIATE OR CONDUCT ANY SUCH PROSECUTION TO THE STATE BOARD.
11 S 14-216. CIVIL PENALTIES. 1. ANY PERSON WHO FAILS TO FILE A STATEMENT
12 OR RECORD REQUIRED TO BE FILED BY THIS TITLE OR THE RULES OR REGULATIONS
13 OF THE STATE BOARD IN IMPLEMENTATION THEREOF SHALL BE SUBJECT TO A CIVIL
14 PENALTY, NOT IN EXCESS OF ONE THOUSAND DOLLARS, TO BE RECOVERABLE IN A
15 CIVIL ACTION BROUGHT BY THE STATE BOARD.
16 2. IF THE AGGREGATE AMOUNT OF EXPENDITURES BY A CANDIDATE AND SUCH
17 CANDIDATE'S AUTHORIZED COMMITTEE EXCEEDS THE EXPENDITURE LIMITATIONS
18 CONTAINED IN THIS TITLE, SUCH CANDIDATE SHALL BE LIABLE FOR A CIVIL
19 PENALTY IN AN AMOUNT EQUAL TO THREE TIMES THE SUM BY WHICH SUCH EXPENDI-
20 TURES EXCEED THE PERMITTED AMOUNT.
21 S 7. Paragraphs (ix) and (x) of subdivision (c) of section 1-c of the
22 legislative law, as added by chapter 1 of the laws of 2005, are amended
23 and a new paragraph (xi) is added to read as follows:
24 (ix) the adoption or rejection of any rule, regulation, or resolution
25 having the force and effect of a local law, ordinance, resolution, or
26 regulation; [or]
27 (x) the outcome of any rate making proceeding by any municipality or
28 subdivision thereof; OR
29 (XI) THE ACTION OR INACTION OF A DELEGATE TO A CONSTITUTIONAL CONVEN-
30 TION.
31 S 8. Section 1-f of the legislative law, as added by chapter 2 of the
32 laws of 1999, is amended to read as follows:
33 S 1-f. [Monthly registration] REGISTRATION docket. 1. MONTHLY REGIS-
34 TRATION DOCKET. It shall be the duty of the commission to compile a
35 monthly docket of statements of registration containing all information
36 required by section one-e of this article. Each such monthly docket
37 shall contain all statements of registration filed during such month and
38 all amendments to previously filed statements of registration. Copies
39 shall be made available for public inspection.
40 2. CONSTITUTIONAL CONVENTION DELEGATE CONTACT LOG. FROM THE DATE UPON
41 WHICH THE BOARD OF ELECTIONS CERTIFIES THE ELECTION OF DELEGATES TO THE
42 CONSTITUTIONAL CONVENTION TO THE DATE THE CONSTITUTIONAL CONVENTION IS
43 ADJOURNED, EACH LOBBYIST, AS DEFINED BY THIS ARTICLE, SHALL FILE A LOG
44 EACH WEEK OF ALL CONTACTS WITH DELEGATES TO THE CONSTITUTIONAL CONVEN-
45 TION. SUCH LOG OF THESE CONTACTS SHALL BE SUBMITTED TO THE COMMISSION.
46 THE COMMISSION SHALL MAINTAIN A WEEKLY DOCKET WHICH SHALL CONTAIN ALL
47 LOGS, COPIES OF WHICH SHALL BE OPEN AND AVAILABLE FOR INSPECTION BY THE
48 PUBLIC.
49 S 9. Section 1-o of the legislative law is amended by adding a new
50 subdivision (e) to read as follows:
51 (E) ANY PERSON WHO FAILS TO FILE ANY LOG OF CONTACTS WITH DELEGATES OF
52 THE CONSTITUTIONAL CONVENTION AS REQUIRED BY THIS ARTICLE SHALL BE
53 SUBJECT TO A CIVIL PENALTY, NOT IN EXCESS OF TWENTY-FIVE DOLLARS FOR THE
54 FIRST OFFENSE. ANY PERSON WHO KNOWINGLY AND WILLFULLY FAILS TO FILE ANY
55 LOG OF CONTACTS WITH DELEGATES OF THE CONSTITUTIONAL CONVENTION AS
S. 6427 13
1 REQUIRED BY THIS ARTICLE SHALL BE GUILTY OF A CLASS A MISDEMEANOR FOR
2 THE SECOND OFFENSE AND EACH OFFENSE THEREAFTER.
3 S 10. The opening paragraph of paragraph (a) of subdivision 2 of
4 section 73-a of the public officers law, as added by chapter 813 of the
5 laws of 1987, is amended to read as follows:
6 Every statewide elected official, state officer or employee, member of
7 the legislature, DELEGATE TO A CONSTITUTIONAL CONVENTION, legislative
8 employee and political party chairman and every candidate for statewide
9 elected office or for member of the legislature OR FOR DELEGATE TO A
10 CONSTITUTIONAL CONVENTION shall file an annual statement of financial
11 disclosure containing the information and in the form set forth in
12 subdivision three hereof. Such statement shall be filed on or before the
13 fifteenth day of May with respect to the preceding calendar year, except
14 that:
15 S 11. The state finance law is amended by adding a new section 81 to
16 read as follows:
17 S 81. NEW YORK STATE DELEGATE TO THE CONSTITUTIONAL CONVENTION
18 CAMPAIGN FINANCE FUND. 1. THERE IS HEREBY ESTABLISHED A SPECIAL FUND, TO
19 BE KNOWN AS THE NEW YORK STATE DELEGATE TO THE CONSTITUTIONAL CONVENTION
20 CAMPAIGN FINANCE FUND, IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND
21 THE COMMISSIONER OF TAXATION AND FINANCE. THE MONEYS IN SUCH FUND MAY BE
22 EXPENDED BY THE STATE BOARD OF ELECTIONS ONLY AS PAYMENTS FOR PARTIC-
23 IPATING CANDIDATES IN ACCORDANCE WITH THE PROVISIONS OF TITLE TWO OF
24 ARTICLE FOURTEEN OF THE ELECTION LAW.
25 2. THE FUND SHALL BE KEPT SEPARATE FROM ALL OTHER FUNDS AND SHALL BE
26 CREDITED WITH ALL SUMS APPROPRIATED THEREFOR, ANY DONATIONS RECEIVED
27 PURSUANT TO SUBDIVISION FIVE OF THIS SECTION AND ALL EARNINGS ACCRUING
28 ON SUCH FUNDS.
29 3. AS SOON AS PRACTICABLE IN THE YEAR TWO THOUSAND TEN AND IN TIME FOR
30 INCLUSION IN THE EXECUTIVE EXPENSE BUDGET IN EVERY YEAR THEREAFTER, AND
31 AT SUCH OTHER TIMES AS THE STATE BOARD OF ELECTIONS SHALL DEEM NECES-
32 SARY, SAID BOARD SHALL SUBMIT ITS ESTIMATE OF THE AMOUNT OF PUBLIC FUNDS
33 WHICH WILL BE NECESSARY TO PROVIDE CANDIDATES FOR DELEGATES TO THE
34 CONSTITUTIONAL CONVENTION SUFFICIENT FINANCING FOR ELECTIONS IN THE NEXT
35 YEAR IN WHICH ELECTIONS ARE SCHEDULED PURSUANT TO LAW, AND A RESERVE FOR
36 CONTINGENCIES. SUCH ESTIMATES SHALL BE SUBMITTED IN SUCH MANNER AND AT
37 SUCH TIMES AS TO ENSURE THAT SUCH AMOUNTS AS SHALL BE NECESSARY MAY BE
38 APPROPRIATED IN FULL BY THE BEGINNING OF THE FISCAL YEAR PRIOR TO THAT
39 IN WHICH ELECTIONS ARE SCHEDULED PURSUANT TO LAW AND THAT ADDITIONAL
40 AMOUNTS MAY BE APPROPRIATED AS NECESSARY.
41 4. THE MONEYS IN SUCH FUND SHALL BE PAID TO PARTICIPATING CANDIDATES
42 BY SAID BOARD UPON ITS CERTIFICATION THAT SUCH CANDIDATES QUALIFY FOR
43 SUCH FUNDS.
44 5. SAID BOARD SHALL BE EMPOWERED TO ACCEPT DONATIONS TO BE CREDITED TO
45 THE FUND. SAID BOARD MAY DEVISE SUCH METHODS OF SOLICITING AND COLLECT-
46 ING DONATIONS AS IT MAY DEEM FEASIBLE AND APPROPRIATE.
47 S 12. If any item, clause, sentence, subparagraph, subdivision,
48 section, or any other part of this act, or the application thereof to
49 any person or circumstances, is held to be invalid, such holding shall
50 not affect, impair, or invalidate the remainder of this act, of the
51 application of such section or part of a section held invalid, to any
52 other person or circumstances, but shall be confined in its operation to
53 the item, clause, sentence, subparagraph, subdivision, section, or other
54 part of this act directly involved in such holding, or to the person and
55 circumstances therein involved.
S. 6427 14
1 S 13. This act shall take effect on the first of January next succeed-
2 ing the date on which it shall have become a law; provided, however,
3 that the state commissioner of taxation and finance and the state comp-
4 troller may promulgate any rules, regulations and forms necessary for
5 the implementation of section eighty-one of the state finance law, as
6 added by section eleven of this act on or before the effective date of
7 this act.
