Bill Text: NY S08969 | 2023-2024 | General Assembly | Introduced

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Bill Title: Amends provisions relating to public campaign financing; changes certain thresholds and procedures; permits retention of matching funds for future use; specifies when a candidate is opposed by a competitive candidate; requires a disclosure on political communications.

Spectrum: Partisan Bill (Democrat 21-0)

Status: (Introduced) 2024-04-03 - REFERRED TO ELECTIONS [S08969 Detail]

Download: New_York-2023-S08969-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8969

                    IN SENATE

                                      April 3, 2024
                                       ___________

        Introduced  by  Sens.  SKOUFIS,  ADDABBO, BAILEY, BROUK, COMRIE, COONEY,
          FELDER, GONZALEZ, MANNION, MARTINEZ, PARKER, PERSAUD,  RYAN,  SCARCEL-
          LA-SPANTON,  SEPULVEDA  --  read  twice  and ordered printed, and when
          printed to be committed to the Committee on Elections

        AN ACT to amend the election law, in relation to public campaign financ-
          ing; and to repeal section 11 of part ZZZ of chapter 58 of the laws of
          2020 amending the election law relating to public financing for  state
          office;  amending  the  state finance law relating to establishing the
          New York state campaign finance fund; and amending the tax law  relat-
          ing  to establishing the NYS campaign finance fund check-off, relating
          to the severability of the provisions thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Paragraph (a) of subdivision 11 of section 14-200-a of the
     2  election law, as added by section 4 of part ZZZ of  chapter  58  of  the
     3  laws of 2020, is amended to read as follows:
     4    (a)  "matchable  contribution" means a contribution not less than five
     5  dollars and not more than two hundred fifty dollars, for a candidate for
     6  public office to be voted on by the voters of the entire  state  or  for
     7  nomination  to any such office, a contribution for any covered elections
     8  held in the same election cycle, made by a natural person who is a resi-
     9  dent in the state of New York to a participating candidate,  and  for  a
    10  candidate  for  election  to  the  state assembly or state senate or for
    11  nomination to any such office, a contribution for any covered  elections
    12  held  in  the  same  election cycle, made by a natural person who at the
    13  time such contribution is made is also a resident of such state assembly
    14  or state senate district from which such candidate is seeking nomination
    15  or election, that has been reported in full to the  PCFB  in  accordance
    16  with  sections  14-102  and  14-104  of  this article by the candidate's
    17  authorized committee and has been contributed on or before  the  day  of
    18  the  applicable  primary,  general,  runoff,  or  special  election. Any
    19  contribution, contributions, or a portion of a  contribution  determined
    20  to  be  invalid  for  matching funds by the PCFB may not be treated as a
    21  matchable contribution for any purpose.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15083-07-4
        S. 8969                             2

     1    § 2. Subdivision 19 of section 14-200-a of the election law, as  added
     2  by  section  4 of part ZZZ of chapter 58 of the laws of 2020, is amended
     3  to read as follows:
     4    19.  "surplus" means [those funds where the total sum of contributions
     5  received and] the difference between public [matchable]  matching  funds
     6  received  by a participating candidate and [his or her] such candidate's
     7  authorized committee [exceeds the total campaign  expenditures  of  such
     8  candidate  and  authorized  committee] for all covered elections held in
     9  the same calendar year or for a special election to fill a  vacancy  and
    10  the total such candidate and such candidate's authorized committee spent
    11  on  qualified campaign expenditures; provided that in cases where quali-
    12  fied campaign expenditures of  such  candidate  exceed  public  matching
    13  funds received by such candidate and such candidate's authorized commit-
    14  tee  for  all  covered elections held in the same calendar year or for a
    15  special election to fill a vacancy, the surplus is zero.
    16    § 3. Section 14-203 of the election law, as added by section 4 of part
    17  ZZZ of chapter 58 of the laws of 2020, is amended to read as follows:
    18    § 14-203. Eligibility. 1. Terms and conditions.  To  be  eligible  for
    19  [voluntary  public  financing] public matching funds under this title, a
    20  candidate must:
    21    (a) be a candidate in a covered election;
    22    (b) meet all the requirements of law to have [his or her] such  candi-
    23  date's  name  on  the ballot, subject to the requirements of subdivision
    24  three of section 1-104 and subdivision one  of  section  6-142  of  this
    25  chapter;
    26    (c)  in  the case of a covered general or special election, be opposed
    27  by another candidate on the ballot who is not a write-in candidate;
    28    (d) submit a certification in the form of an affidavit, in  such  form
    29  as  may  be  prescribed  by  the PCFB, that sets forth [his or her] such
    30  candidate's acceptance of and agreement to comply  with  the  terms  and
    31  conditions  for the provision of such funds in each covered election and
    32  such certification shall be submitted at  least  four  months  before  a
    33  primary  election  and on the last day in which a certification of nomi-
    34  nation is filed in a special election pursuant to a schedule promulgated
    35  by the PCFB;
    36    (e) be certified as a participating candidate by the PCFB;
    37    (f) not make, and not have made, expenditures from or use [his or her]
    38  such candidate's personal funds or property or  the  personal  funds  or
    39  property  jointly  held  with  [his  or her] such candidate's spouse, or
    40  unemancipated children in connection with [his or her] such  candidate's
    41  nomination  for election or election to a covered office, but may make a
    42  contribution to [his or her] such candidate's authorized committee in an
    43  amount that does not exceed  three  times  the  applicable  contribution
    44  limit  from  an individual contributor to candidates for the office that
    45  [he or she] such candidate is seeking;
    46    (g) meet the threshold for eligibility set forth in subdivision two of
    47  this section;
    48    (g-1) not owe any payments, repayments, or civil penalties pursuant to
    49  this title or any regulations promulgated  thereunder,  or  any  similar
    50  payments, repayments, or civil penalties under any local public campaign
    51  finance program within the previous ten years;
    52    (h)  continue  to  abide  by all requirements during the post-election
    53  period; and
    54    (i) not have accepted contributions in amounts exceeding the  contrib-
    55  ution  limits set forth for candidates in paragraphs a and b of subdivi-
        S. 8969                             3

     1  sion one of section 14-114 of this article during the election cycle for
     2  which the candidate seeks certification;
     3    (i)  Provided  however,  that,  if  a candidate accepted contributions
     4  exceeding such limits, such acceptance shall not prevent  the  candidate
     5  from  being certified by the PCFB if the candidate in a reasonable time,
     6  as determined by rule, pays to the fund or returns  to  the  contributor
     7  the  portion  of  any contribution that exceeded the applicable contrib-
     8  ution limit.
     9    (ii) If the candidate is unable to return such funds in  a  reasonable
    10  time,  as  determined  by  rule,  because  they have already been spent,
    11  acceptance of contributions exceeding the limits shall not  prevent  the
    12  candidate  from  being certified by the PCFB if the candidate submits an
    13  affidavit agreeing to pay to the fund all portions of any  contributions
    14  that  exceeded  the  limit  no later than thirty days before the general
    15  election. If a candidate provides the PCFB with such an  affidavit,  any
    16  disbursement  of  public  funds  to the candidate shall be reduced by no
    17  more than twenty-five percent until the total amount owed by the  candi-
    18  date is repaid.
    19    (iii) Nothing in this section shall be interpreted to require a candi-
    20  date  who  retains  funds  raised  during any previous election cycle to
    21  forfeit such funds. Funds raised during a previous election cycle may be
    22  retained and used by the candidate for the candidate's campaign  in  the
    23  next  election  cycle  but  funds  shall  not qualify for satisfying the
    24  threshold for participating  in  the  public  campaign  finance  program
    25  established  in this title nor shall they be eligible to be matched. The
    26  PCFB shall adopt regulations to ensure  that  contributions  that  would
    27  satisfy  the  applicable  contribution  limits  authorized in this title
    28  shall be transferred into the appropriate campaign account.
    29    (iv) Contributions received and expenditures made by the candidate  or
    30  an  authorized committee of the candidate prior to the effective date of
    31  this title shall not constitute a violation of  this  title.  Unexpended
    32  contributions  shall  be  treated  the  same as campaign surpluses under
    33  subparagraph (iii) of this paragraph.  Nothing  in  this  recommendation
    34  shall  be  construed to limit, in any way, any candidate or public offi-
    35  cial from expending any portion of pre-existing campaign funds  for  any
    36  lawful purpose other than those related to [his or her] such candidate's
    37  campaign.
    38    (v)  A  candidate  who  has raised matchable contributions but, in the
    39  case of a covered primary, general or special election, is  not  opposed
    40  by  another  candidate on the ballot who is not a write-in candidate, or
    41  who chooses not to accept matchable funds, may retain such contributions
    42  and apply them in  accord  with  this  title  to  the  candidate's  next
    43  campaign, should there be one, in the next election cycle.
    44    (vi)  The total amount of public matching funds available to a partic-
    45  ipating candidate  and  such  candidate's  authorized  committee  for  a
    46  covered  general  election pursuant to subdivision two of section 14-204
    47  of this title shall be reduced by any unexpended public  matching  funds
    48  received by such candidate and such candidate's authorized committee for
    49  a covered primary election.
    50    2.  Threshold  for  eligibility. (a) The threshold for eligibility for
    51  public funding for participating candidates shall be in the case of:
    52    (i) governor, not less than five hundred thousand dollars in  contrib-
    53  utions including at least five thousand matchable contributions shall be
    54  counted toward this qualifying threshold;
    55    (ii)  lieutenant  governor, attorney general and comptroller, not less
    56  than one hundred thousand dollars in contributions  including  at  least
        S. 8969                             4

     1  one thousand matchable contributions shall be counted toward this quali-
     2  fying threshold;
     3    (iii)  state senator, except as otherwise provided in paragraph (c) of
     4  this subdivision, not less than [twelve] twenty-four thousand dollars in
     5  contributions including at least [one]  three  hundred  fifty  matchable
     6  contributions shall be counted toward this qualifying threshold; and
     7    (iv) member of the assembly, except as otherwise provided in paragraph
     8  (c)  of  this  subdivision,  not less than [six] ten thousand dollars in
     9  contributions including at least [seventy-five] one  hundred  forty-five
    10  matchable  contributions shall be counted toward this qualifying thresh-
    11  old.
    12    (b) [However, solely for]  For  purposes  of  achieving  the  monetary
    13  thresholds  in paragraph (a) of this subdivision, [the first two hundred
    14  fifty dollars of] any portion of a contribution [of more than] when  the
    15  aggregate  of  contributions  are in excess of two hundred fifty dollars
    16  from any one contributor to a candidate or a candidate's committee which
    17  would otherwise be matchable except that it comes from a contributor who
    18  has contributed more than two hundred fifty dollars to such candidate or
    19  candidate's committee, [is deemed to be a  matchable  contribution  and]
    20  shall  not  count  toward  satisfying such monetary threshold [but shall
    21  not] or otherwise be considered a matchable contribution.
    22    (c) With respect to the minimum  dollar  threshold  for  participating
    23  candidates  for state senate and state assembly, in such districts where
    24  average median income ("AMI") is below the  AMI  as  determined  by  the
    25  United  States  Census Bureau three years before such election for which
    26  public funds are sought, such minimum dollar threshold  for  eligibility
    27  shall  be  reduced  [by  one-third]  to sixteen thousand dollars for the
    28  senate and six thousand dollars for the assembly.  The PCFB  shall  make
    29  public  which  districts are subject to such reduction no later than two
    30  years before the first primary election for which funding is sought.
    31    (d) Any participating candidate meeting the threshold for  eligibility
    32  in  a primary election for one of the foregoing offices shall be applied
    33  to satisfy the threshold for eligibility for such office  in  any  other
    34  subsequent  election  held  in the same calendar year. Any participating
    35  candidate who is nominated in a primary election and has participated in
    36  the public financing program set forth in this title, [must]  shall  not
    37  be  required  to  participate  in  the  public financing program for the
    38  general election for such office should they choose to run in the gener-
    39  al election.
    40    § 4. Subdivisions 1, 2 and 5 of section 14-204 of the election law, as
    41  added by section 4 of part ZZZ of chapter 58 of the laws  of  2020,  are
    42  amended to read as follows:
    43    1.  In  any primary election, receipt of public funds by participating
    44  candidates and by their participating committees shall not exceed:
    45    (a) for Governor                                             $3,500,000
    46    (b) for Lieutenant Governor, Attorney General or Comptroller $3,500,000
    47    (c) for State Senator                                        $375,000
    48    (d) for Member of the Assembly                               [$175,000]
    49                                                                 $145,000
    50    2. In any general or special election, receipt of public  funds  by  a
    51  participating candidate's authorized committees shall not exceed:
    52    (a) for Governor and Lieutenant Governor (combined)          $3,500,000
    53    (b) for Attorney General                                     $3,500,000
    54    (c) for Comptroller                                          $3,500,000
    55    (d) for State Senator                                        $375,000
    56    (e) for Member of the Assembly                               [$175,000]
        S. 8969                             5

     1                                                                 $145,000
     2    5.  A candidate only on the ballot in one or more primary elections in
     3  which the number of persons eligible to vote for party nominees in  each
     4  such  election  totals  fewer than one thousand shall not receive public
     5  funds in excess of five thousand dollars for qualified campaign expendi-
     6  tures in such election or elections; provided, however,  such  candidate
     7  may receive up to five thousand dollars per each additional one thousand
     8  voters  over  the first one thousand voters but shall not receive public
     9  funds in excess of fifteen thousand dollars total for qualified campaign
    10  expenditures in such election or elections. For  the  purposes  of  this
    11  section,  the number of persons eligible to vote for party nominees in a
    12  primary election shall be as determined by the state board of  elections
    13  for the calendar year of the primary election. A candidate for office on
    14  the  ballot  in  more than one primary for such office, shall be deemed,
    15  for purposes of this recommendation, to be a single candidate.
    16    § 5. Subdivisions 3 and 4 of section 14-205 of the  election  law,  as
    17  added  by  section  4 of part ZZZ of chapter 58 of the laws of 2020, are
    18  amended to read as follows:
    19    3. Timing of payment. (a) The PCFB shall make any  payment  of  public
    20  matching  funds  to  participating candidates as soon as is practicable.
    21  But in all cases, it shall verify eligibility for public matching  funds
    22  within  four  days,  excluding  weekends  and  holidays,  of receiving a
    23  campaign contribution report filed in compliance with section 14-104  of
    24  this  article.  Within  two  days  of determining that a candidate for a
    25  covered office is eligible for public matching funds, it shall authorize
    26  payment of the applicable matching funds owed  to  the  candidate.  [The
    27  PCFB  shall  schedule  at  least  three payment dates in the thirty days
    28  prior to a covered primary, general, or special election. If any of such
    29  payments would require payment on a weekend or federal holiday,  payment
    30  shall be made on the next business day.]
    31    (b) The PCFB shall schedule payment dates on (i) December fifteenth of
    32  the  year  preceding  the  year  of  the  covered election, (ii) January
    33  fifteenth, February fifteenth, March fifteenth, April fifteenth,  and  a
    34  minimum  of  three  payment  dates within the forty-five days prior to a
    35  covered primary election, (iii) July fifteenth and  a  minimum  of  four
    36  payment  dates  within  the  ninety  days  prior  to  a  covered general
    37  election, and (iv) a minimum of three payment dates  within  the  thirty
    38  days  prior to any other covered election. If any of such payments would
    39  require payment on a weekend or federal holiday, payment shall  be  made
    40  on  the  next business day. A certification pursuant to paragraph (d) of
    41  subdivision one of section 14-203 of this title  shall  be  required  to
    42  have  been filed with the PCFB no later than fifteen business days prior
    43  to the December fifteenth, January fifteenth, February fifteenth,  March
    44  fifteenth,  April  fifteenth,  or July fifteenth payment dates scheduled
    45  pursuant to this subdivision for a participating  candidate  to  receive
    46  public  funds  on such payment date. For purposes of such payment dates,
    47  the PCFB shall provide each candidate with a written determination spec-
    48  ifying the basis for any non-payment.
    49    4. Notwithstanding any provision of this section to the contrary,  the
    50  amount  of  public  funds  payable  to  a participating candidate on the
    51  ballot in any covered election shall not exceed one-quarter of the maxi-
    52  mum public funds  payment  otherwise  applicable  and  no  participating
    53  candidate  shall  be  eligible to receive a disbursement of public funds
    54  prior to two weeks after the last day to file designating petitions  for
    55  a  primary  election  unless the participating candidate is opposed by a
    56  competitive candidate. [The PCFB shall, by regulation, set forth  objec-
        S. 8969                             6

     1  tive  standards  to determine whether a candidate is competitive and the
     2  procedures for qualifying for the payment of public  funds.]  A  partic-
     3  ipating candidate shall be considered opposed by a competitive candidate
     4  when at least one of the following conditions are met:
     5    (a)  For  a covered general election only if the margin of victory was
     6  twenty points or less in a contest involving  an  opposing  major  party
     7  candidate  in  an election for public office in an area encompassing all
     8  or part of the area that is the subject of the current election  in  the
     9  last eight years preceding the election of the covered office sought.
    10    (b)  The  opposing candidate has received the endorsement of a current
    11  or former statewide elected official, or a  current  or  former  federal
    12  elected  official  representing all or a portion of the area represented
    13  by the covered office sought, or  a  current  or  former  United  States
    14  senator,  or in the case of a district that encompasses a portion of New
    15  York city, a current or former citywide elected official.
    16    (c) The opposing candidate has received  three  or  more  endorsements
    17  from  other  current  or  former  state,  county, city, town, or village
    18  elected officials who represent all or a part of the area covered by the
    19  election.
    20    (d) In the past ten years, the opposing candidate's  spouse,  domestic
    21  partner,  sibling, parent, or child holds or has held elective office in
    22  an area encompassing all or part of  the  district  represented  by  the
    23  covered office sought.
    24    (e)  The opposing candidate has been deemed eligible to receive public
    25  funds payment for the covered election.
    26    (f) If the general election in that district was within a twenty-point
    27  margin within the last six years.
    28    (g) If an individual is  self-funding  and  has  given  themselves  or
    29  loaned  themselves  twenty-four thousand dollars for senate elections or
    30  ten thousand dollars for assembly elections.
    31    (h) The opposing candidate previously held elected office.
    32    § 6. Section 14-206 of the election law is amended  by  adding  a  new
    33  subdivision 3 to read as follows:
    34    3.  All  political communications, including but not limited to broad-
    35  cast,  cable  or  satellite  schedules  and   scripts,   advertisements,
    36  pamphlets,  circulars,  flyers, brochures, letterheads and other printed
    37  matter purchased or produced, and statements or information published or
    38  conveyed to five hundred or more members of a general public audience by
    39  computer or other electronic device, including but not limited to  elec-
    40  tronic  mail  or  text  message, and paid internet or digital advertise-
    41  ments, purchased in connection with a covered election shall  include  a
    42  disclosure  which  says  "New York State Public Campaign Finance Program
    43  participant".
    44    § 7. Section 14-207 of the election law is amended  by  adding  a  new
    45  subdivision 3-a to read as follows:
    46    3-a. The PCFB shall develop and administer in person and online train-
    47  ing  for  individuals  to  become certified as compliance officers under
    48  this title. Such training shall include information  concerning  compli-
    49  ance  with  the rules of the public campaign finance program, disclosure
    50  and record keeping requirements, obligations of the program,  and  other
    51  relevant  information  as determined by the PCFB. The PCFB shall promul-
    52  gate regulations for the certification of compliance  officers  pursuant
    53  to  this  subdivision  and  shall publish a list of certified compliance
    54  officers on its website which shall be updated every thirty days.
        S. 8969                             7

     1    § 8. Paragraph (c) of subdivision 1 of section 14-208 of the  election
     2  law,  as  added  by  section  4 of part ZZZ of chapter 58 of the laws of
     3  2020, is amended to read as follows:
     4    (c)  Except as provided in paragraph (b) of this subdivision, the PCFB
     5  shall select not more than one-third of all participating candidates  in
     6  covered  elections  for audit through a lottery which shall be completed
     7  within one year of the election in question. A separate lottery shall be
     8  conducted for each office. The PCFB shall  select  senate  and  assembly
     9  districts  to  be  audited,  auditing  every  candidate in each selected
    10  district, while ensuring that the number of  audited  candidates  within
    11  those  districts  does  not  exceed  fifty  percent of all participating
    12  candidates for the relevant office. The lottery for senate and  assembly
    13  elections  shall  be weighted to increase the likelihood that a district
    14  for the relevant office is audited based on how frequently  it  has  not
    15  been  selected  for  auditing during the past three election cycles. The
    16  PCFB shall promulgate rules  concerning  the  method  of  weighting  the
    17  senate  and assembly lotteries, including provisions for the first three
    18  election cycles for each office.  The names of  candidates selected  for
    19  an  audit  shall  not be disclosed unless there is a declared finding of
    20  wrongdoing by the PCFB.
    21    § 9. Paragraph (c) of subdivision 2 of section 14-208 of the  election
    22  law,  as  added  by  section  4 of part ZZZ of chapter 58 of the laws of
    23  2020, is amended and a new paragraph (d) is added to read as follows:
    24    (c) If [the total sum of contributions received  and  public  matching
    25  payments  from the fund received by a participating candidate and his or
    26  her authorized committee exceed the total campaign expenditures of  such
    27  candidate and authorized committee for all covered elections held in the
    28  same  calendar year or for a special election to fill a vacancy] unspent
    29  public matching funds remain in a participating  candidate's  authorized
    30  committee  bank  account at the end of an election cycle that exceed the
    31  participating candidate's total qualified  campaign  expenditures,  such
    32  candidate  and  committee shall [use such surplus funds to reimburse the
    33  fund for payments received by such authorized committee  from  the  fund
    34  during such calendar year or for such special election] pay the fund the
    35  amount  of  such  surplus.  Participating  candidates  shall  make  such
    36  payments not later than twenty-seven days after all liabilities for  the
    37  election  have  been  paid  and  in any event, not later than the day on
    38  which the PCFB issues its  final  audit  report  for  the  participating
    39  candidate's  authorized  committee;  provided, however, that all unspent
    40  public campaign funds for a participating candidate shall be immediately
    41  due and payable to the PCFB upon a determination by the  PCFB  that  the
    42  participant  has delayed the post-election audit. A participating candi-
    43  date may make post-election expenditures  with  public  funds  only  for
    44  routine  activities involving nominal [cost] costs associated with wind-
    45  ing up a campaign and responding to the post-election audit. Nothing  in
    46  this  title  shall  be  construed to prevent a candidate or [his or her]
    47  such candidate's authorized committee from using campaign  contributions
    48  received from private contributors for otherwise lawful expenditures.
    49    (d)  Candidates  shall have thirty days to cure any violations identi-
    50  fied by the PCFB in its post-election audit  before  there  may  be  any
    51  declared findings of wrongdoing.
    52    §  10.  Section  14-212  of the election law, as added by section 4 of
    53  part ZZZ of chapter 58 of the laws  of  2020,  is  amended  to  read  as
    54  follows:
    55    § 14-212. Severability.  [If any clause, sentence, or other portion of
    56  paragraph (c) of subdivision two of section  14-203  of  this  title  be
        S. 8969                             8

     1  adjudged  by  any  court  of  competent jurisdiction to be invalid, then
     2  subparagraphs (iii) and (iv) of paragraph  (a)  of  subdivision  two  of
     3  section 14-203 of this title shall read as follows:
     4    (iii)  state senator, except as otherwise provided in paragraph (c) of
     5  this subdivision, not  less  than  ten  thousand  dollars  in  matchable
     6  contributions  including  at  least  one  hundred  and  fifty  matchable
     7  contributions in an amount greater than five dollars and no greater than
     8  the limits in this chapter, of which the first two hundred fifty dollars
     9  shall be counted toward this qualifying threshold; and
    10    (iv) member of the assembly, except as otherwise provided in paragraph
    11  (c) of this subdivision, not less than five thousand dollars in  matcha-
    12  ble  contributions  including  at  least seventy-five matchable contrib-
    13  utions in an amount greater than five dollars and no  greater  than  the
    14  limits  in  this  chapter,  of which the first two hundred fifty dollars
    15  shall be counted toward  this  qualifying  threshold.]  If  any  clause,
    16  sentence,  paragraph, subdivision, section or part of this article shall
    17  be determined by any court of competent jurisdiction to be invalid, such
    18  judgment shall not affect, impair or invalidate the  remainder  thereof,
    19  but  shall  be  confined  in  its  operation  to  the particular clause,
    20  sentence, paragraph, subdivision, section or part thereof directly found
    21  invalid in the judgment rendered. It is hereby declared to be the intent
    22  of the legislature that this article would have  been  enacted  even  if
    23  such invalid provisions had not been included herein.
    24    §  11. Section 11 of part ZZZ of chapter 58 of the laws of 2020 amend-
    25  ing the election law relating to  public  financing  for  state  office;
    26  amending  the  state  finance  law relating to establishing the New York
    27  state campaign finance fund; and amending the tax law relating to estab-
    28  lishing the NYS campaign finance fund check-off, is REPEALED.
    29    § 12. This   act shall take  effect  immediately;  provided,  however,
    30  subparagraphs  (iii)  and  (iv)  of  paragraph  (a)  of subdivision 2 of
    31  section 14-203 of the election law, as amended by section three of  this
    32  act,  shall apply to all general elections which take place on and after
    33  such date and shall apply to all primary  and  special  elections  which
    34  take  place  on and after the first of December next succeeding the date
    35  on which it shall have become a law. Effective  immediately,  the  addi-
    36  tion,  amendment  and/or  repeal of any rule or regulation necessary for
    37  the implementation of this act on its effective date are  authorized  to
    38  be  made and completed by the public campaign finance board on or before
    39  such effective date.