S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3502
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 10, 2015
                                      ___________
       Introduced  by Sens. STEWART-COUSINS, ADDABBO, BRESLIN, DILAN, GIANARIS,
         KENNEDY,  KRUEGER,  LATIMER,  MONTGOMERY,  PERKINS,  RIVERA,  SERRANO,
         STAVISKY  --  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  enacting  the  "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 "Fair Elections Act".
    3    S 2. Legislative findings and declarations. The  legislature  declares
    4  that  is  in the public interest to create and ensure a truly democratic
    5  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.  The
   10  legislature further finds that a new system of public financing would be
   11  best  administered by a new "fair elections board" empowered with effec-
   12  tive oversight and enforcement capabilities dedicated  to  working  with
   13  and assisting candidates excel in the public financing system.
   14    S  3.    Section  3-102 of the election law is amended by adding 2 new
   15  subdivisions 3-a and 16-b to read as follows:
   16    3-A. NOTWITHSTANDING SUBDIVISION  THREE  OF  THIS  SECTION,  THE  FAIR
   17  ELECTIONS BOARD ENFORCEMENT COUNSEL, ESTABLISHED PURSUANT TO SUBDIVISION
   18  SIX  OF  SECTION 14-216 OF THIS CHAPTER, AS IT MAY DEEM NECESSARY, AFTER
   19  THE FAIR ELECTIONS BOARD HAS CONSIDERED THE MATTER OR MATTERS  IN  QUES-
   20  TION SHALL CONDUCT ANY INVESTIGATION NECESSARY TO ENFORCE THE PROVISIONS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02857-02-5
       S. 3502                             2
    1  OF  TITLE TWO OF ARTICLE FOURTEEN OF THIS CHAPTER ON BEHALF OF THE BOARD
    2  OF ELECTIONS.   SUCH INVESTIGATIONS SHALL  BE  KEPT  CONFIDENTIAL  UNTIL
    3  BROUGHT TO THE FAIR ELECTIONS BOARD FOR REVIEW AND CONSIDERATION.
    4    16-B.  HEAR  AND  CONSIDER  THE  RECOMMENDATIONS OF THE FAIR ELECTIONS
    5  BOARD ENFORCEMENT COUNSEL REGARDING THE  ENFORCEMENT  OF  VIOLATIONS  OF
    6  TITLE TWO OF ARTICLE FOURTEEN OF THIS CHAPTER, AS IT MAY DEEM NECESSARY,
    7  AFTER  THE  FAIR ELECTIONS BOARD HAS CONSIDERED THE MATTER OR MATTERS IN
    8  QUESTION;
    9    S 4. Subdivision 1 of section 3-104 of the election law is amended  by
   10  adding a new paragraph (a-1) to read as follows:
   11    (A-1)  THERE SHALL ALSO BE A UNIT KNOWN AS THE FAIR ELECTIONS ENFORCE-
   12  MENT UNIT ESTABLISHED WITHIN THE FAIR ELECTIONS BOARD.  THE HEAD OF SUCH
   13  UNIT SHALL BE THE ENFORCEMENT  COUNSEL.    SUCH  UNIT  SHALL  HAVE  SOLE
   14  AUTHORITY  WITHIN  THE  STATE  BOARD OF ELECTIONS TO INVESTIGATE ALLEGED
   15  VIOLATIONS AND COMPLAINTS ARISING UNDER TITLE TWO OF ARTICLE FOURTEEN OF
   16  THIS CHAPTER.
   17    S 5. Section 3-104 of the election law is amended by adding twelve new
   18  subdivisions 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 to read as
   19  follows:
   20    9. IF THE FAIR ELECTION BOARD ENFORCEMENT COUNSEL  DETERMINES  THAT  A
   21  VIOLATION  OF TITLE TWO OF ARTICLE FOURTEEN OF THIS CHAPTER HAS OCCURRED
   22  WHICH COULD WARRANT A CIVIL PENALTY, THE ENFORCEMENT COUNSEL SHALL, UPON
   23  HIS OR HER DISCRETION, SEEK TO RESOLVE THE  MATTER  EXTRA-JUDICIALLY  OR
   24  COMMENCE  A  SPECIAL PROCEEDING IN THE SUPREME COURT PURSUANT TO SECTION
   25  16-114 OF THIS CHAPTER.
   26    10.  UPON RECEIPT OF A COMPLAINT AND SUPPORTING  INFORMATION  ALLEGING
   27  ANY  OTHER  VIOLATION  OF TITLE TWO OF ARTICLE FOURTEEN OF THIS CHAPTER,
   28  THE FAIR ELECTIONS BOARD ENFORCEMENT COUNSEL SHALL ANALYZE THE COMPLAINT
   29  TO  DETERMINE  IF  AN  INVESTIGATION  SHOULD  BE  UNDERTAKEN.  THE  FAIR
   30  ELECTIONS  BOARD  ENFORCEMENT COUNSEL SHALL, IF NECESSARY, REQUEST ADDI-
   31  TIONAL INFORMATION FROM THE COMPLAINANT TO ASSIST SUCH COUNSEL IN MAKING
   32  THIS DETERMINATION. SUCH ANALYSIS SHALL BE CONFIDENTIAL AND INCLUDE  THE
   33  FOLLOWING:  FIRST,  WHETHER THE ALLEGATIONS, IF TRUE, WOULD CONSTITUTE A
   34  VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER AND, SECOND,  WHETHER  THE
   35  ALLEGATIONS ARE SUPPORTED BY CREDIBLE EVIDENCE.
   36    11.  IF  THE  FAIR ELECTIONS BOARD ENFORCEMENT COUNSEL DETERMINES THAT
   37  THE ALLEGATIONS, IF TRUE, WOULD NOT CONSTITUTE A VIOLATION OF TITLE  TWO
   38  OF  ARTICLE  FOURTEEN  OF  THIS  CHAPTER OR THAT THE ALLEGATIONS ARE NOT
   39  SUPPORTED BY CREDIBLE EVIDENCE, HE OR SHE SHALL ISSUE A  LETTER  TO  THE
   40  COMPLAINANT DISMISSING THE COMPLAINT.
   41    12.  IF  THE  FAIR ELECTIONS BOARD ENFORCEMENT COUNSEL DETERMINES THAT
   42  THE ALLEGATIONS, IF TRUE, WOULD CONSTITUTE A VIOLATION OF TITLE  TWO  OF
   43  ARTICLE  FOURTEEN  OF THIS CHAPTER AND THAT THE ALLEGATIONS APPEAR TO BE
   44  SUPPORTED BY  CREDIBLE  EVIDENCE,  HE  OR  SHE  SHALL  NOTIFY  THE  FAIR
   45  ELECTIONS BOARD OF (A) HIS OR HER INTENT TO RESOLVE THE MATTER EXTRA-JU-
   46  DICIALLY  DUE  TO  THE DE MINIMUS NATURE OF THE VIOLATION; OR (B) HIS OR
   47  HER INTENT  TO  COMMENCE  AN  INVESTIGATION,  NO  LATER  THAN  THE  FAIR
   48  ELECTIONS  BOARD'S NEXT REGULARLY SCHEDULED MEETING.  NOTIFICATION SHALL
   49  SUMMARIZE THE RELEVANT FACTS AND THE APPLICABLE LAW AND  SHALL,  TO  THE
   50  EXTENT  POSSIBLE,  PROTECT  FROM  PUBLIC  DISCLOSURE THE IDENTITY OF THE
   51  COMPLAINANT AND THE INDIVIDUAL SUBJECT TO THE COMPLAINT.  IN DETERMINING
   52  WHETHER A VIOLATION IS DE MINIMUS  IN  NATURE  THE  ENFORCEMENT  COUNSEL
   53  SHALL  CONSIDER  THE  FOLLOWING  FACTORS:  (A)  WHETHER  ANY  UNFORESEEN
   54  EXTRAORDINARY CIRCUMSTANCES, SUCH AS A NATURAL DISASTER, CONTRIBUTED  TO
   55  THE  VIOLATION  ALLEGED  IN THE COMPLAINT; (B) WHETHER THE PARTICIPATING
   56  CANDIDATE OR SUCH CANDIDATE'S CAMPAIGN TREASURER EXERCISED DUE DILIGENCE
       S. 3502                             3
    1  TO ABIDE BY THE APPLICABLE RULES; (C) WHETHER THE  PARTICIPATING  CANDI-
    2  DATE OR SUCH CANDIDATE'S CAMPAIGN TREASURER HAS USED SUCH CANDIDATE'S OR
    3  TREASURER'S PERSONAL FUNDS TO REMEDY ANY ALLEGED VIOLATIONS OR REIMBURSE
    4  THE  CANDIDATE'S  COMMITTEE  FOR  ANY ALLEGED IMPROPER EXPENDITURES; (D)
    5  WHETHER THE PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S CAMPAIGN  TREAS-
    6  URER  AGREES  TO  PAY ANY PENALTIES ASSESSED BY THE BOARD IN RELATION TO
    7  ANY POTENTIAL EXCESS EXPENDITURE; AND (E) WHETHER  THE  SUBJECT  OF  THE
    8  COMPLAINT HAS MADE A GOOD FAITH EFFORT TO CORRECT ANY ALLEGED VIOLATION.
    9    13.  IF,  UPON  CONSIDERING THE FAIR ELECTIONS BOARD ENFORCEMENT COUN-
   10  SEL'S NOTICE OF INTENT TO COMMENCE AN INVESTIGATION, THE FAIR  ELECTIONS
   11  BOARD  BELIEVES  THAT  THE  ALLEGATIONS, IF TRUE, WOULD NOT CONSTITUTE A
   12  VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER, OR  THE  ALLEGATIONS  ARE
   13  NOT  SUPPORTED  BY  CREDIBLE  EVIDENCE OR, THAT ON BALANCE, THE EQUITIES
   14  FAVOR A DISMISSAL OF THE COMPLAINT, THE BOARD SHALL PUBLICLY DIRECT THAT
   15  AN INVESTIGATION NOT BE UNDERTAKEN NO LATER THAN SIXTY  DAYS  AFTER  THE
   16  RECEIPT  OF NOTIFICATION FROM THE FAIR ELECTIONS BOARD ENFORCEMENT COUN-
   17  SEL OF HIS OR HER INTENT TO COMMENCE AN INVESTIGATION.   IN  DETERMINING
   18  WHETHER  THE  EQUITIES  FAVOR  A  DISMISSAL  OF  THE COMPLAINT, THE FAIR
   19  ELECTIONS BOARD SHALL CONSIDER THE FOLLOWING FACTORS:  (A)  WHETHER  THE
   20  COMPLAINT  ALLEGES  A  DE  MINIMUS VIOLATION OF ARTICLE FOURTEEN OF THIS
   21  CHAPTER; (B) WHETHER THE SUBJECT OF THE COMPLAINT HAS MADE A GOOD  FAITH
   22  EFFORT  TO  CORRECT  THE  VIOLATION;  AND (C) WHETHER THE SUBJECT OF THE
   23  COMPLAINT HAS A HISTORY OF SIMILAR VIOLATIONS.   DETERMINATIONS  OF  THE
   24  FAIR  ELECTIONS  BOARD  TO  DISMISS  A  COMPLAINT AND NOT PROCEED WITH A
   25  FORMAL INVESTIGATION SHALL BE VOTED  UPON  AS  PROVIDED  IN  SUBDIVISION
   26  TWELVE  OF SECTION 14-216 OF THIS CHAPTER AT AN OPEN MEETING PURSUANT TO
   27  ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW, AND SHALL BE MADE  ON  A  FAIR
   28  AND  EQUITABLE  BASIS AND WITHOUT REGARD TO THE STATUS OF THE SUBJECT OF
   29  THE COMPLAINT.
   30    14. ABSENT A TIMELY DETERMINATION BY THE FAIR ELECTIONS BOARD THAT  AN
   31  INVESTIGATION SHALL NOT BE UNDERTAKEN, THE FAIR ELECTIONS BOARD ENFORCE-
   32  MENT  COUNSEL  SHALL COMMENCE AN INVESTIGATION ON A TIMELY BASIS. IF THE
   33  FAIR ELECTIONS BOARD  ENFORCEMENT  COUNSEL  DETERMINES  THAT  ADDITIONAL
   34  INVESTIGATIVE POWERS, AS PROVIDED FOR IN SUBDIVISIONS FOUR, FIVE AND SIX
   35  OF  SECTION  3-102  OF  THIS TITLE, ARE NEEDED TO COMPLETE THE COUNSEL'S
   36  INVESTIGATION, HE OR SHE  SHALL  REQUEST,  UPON  APPROVAL  OF  THE  FAIR
   37  ELECTIONS  BOARD,  SUCH  ADDITIONAL  POWERS  FROM  THE  STATE  BOARD  OF
   38  ELECTIONS. SUCH POWERS SHALL BE GRANTED  BY  THE  BOARD  IN  PUBLIC,  AS
   39  PROVIDED  IN  SUBDIVISION FOUR OF SECTION 3-100 OF THIS TITLE, ONLY WHEN
   40  THE BOARD FINDS THAT FURTHER INVESTIGATION IS WARRANTED AND JUSTIFIED.
   41    15. AT THE CONCLUSION OF ITS INVESTIGATION, THE FAIR  ELECTIONS  BOARD
   42  ENFORCEMENT  COUNSEL SHALL PROVIDE THE FAIR ELECTIONS BOARD WITH A WRIT-
   43  TEN RECOMMENDATION AS TO:  (A)  WHETHER  SUBSTANTIAL  REASON  EXISTS  TO
   44  BELIEVE A VIOLATION OF TITLE TWO OF ARTICLE FOURTEEN OF THIS CHAPTER HAS
   45  OCCURRED  AND,  IF  SO,  THE  NATURE OF THE VIOLATION AND ANY APPLICABLE
   46  PENALTY, AS DEFINED IN SECTION 14-126, 14-220 OR 14-222 OF THIS CHAPTER,
   47  BASED ON THE NATURE OF THE VIOLATION; (B) WHETHER THE MATTER  SHOULD  BE
   48  RESOLVED  EXTRA-JUDICIALLY;  (C)  WHETHER A SPECIAL PROCEEDING SHOULD BE
   49  COMMENCED IN THE SUPREME COURT TO  RECOVER  A  CIVIL  PENALTY;  AND  (D)
   50  WHETHER A REFERRAL SHOULD BE MADE TO A DISTRICT ATTORNEY OR THE ATTORNEY
   51  GENERAL  PURSUANT  TO  SUBDIVISION  SEVENTEEN  OF  THIS  SECTION BECAUSE
   52  REASONABLE CAUSE EXISTS TO BELIEVE A VIOLATION WARRANTING CRIMINAL PROS-
   53  ECUTION HAS TAKEN PLACE.
   54    16. THE FAIR ELECTIONS  BOARD  SHALL  ACCEPT,  MODIFY  OR  REJECT  THE
   55  ENFORCEMENT  COUNSEL'S  RECOMMENDATION  NO  LATER  THAN SIXTY DAYS AFTER
   56  RECEIPT OF SUCH RECOMMENDATION.  IN MAKING ITS DETERMINATION, THE  BOARD
       S. 3502                             4
    1  SHALL  AGAIN  CONSIDER:  (A)  WHETHER THE COMPLAINT ALLEGES A DE MINIMUS
    2  VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER; (B) WHETHER  THE  SUBJECT
    3  OF  THE COMPLAINT HAS MADE A GOOD FAITH EFFORT TO CORRECT THE VIOLATION;
    4  AND  (C)  WHETHER  THE SUBJECT OF THE COMPLAINT HAS A HISTORY OF SIMILAR
    5  VIOLATIONS. ALL SUCH DETERMINATIONS SHALL BE VOTED UPON AS  PROVIDED  IN
    6  SUBDIVISION  TWELVE OF SECTION 14-216 OF THIS CHAPTER AT AN OPEN MEETING
    7  PURSUANT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW, AND SHALL BE  MADE
    8  ON  A  FAIR  AND  EQUITABLE  BASIS,  WITHOUT REGARD TO THE STATUS OF THE
    9  SUBJECT OF THE COMPLAINT.
   10    17. (A) IF THE FAIR ELECTIONS BOARD DETERMINES, AS PROVIDED IN  SUBDI-
   11  VISION  SIXTEEN  OF  THIS  SECTION,  THAT  SUBSTANTIAL  REASON EXISTS TO
   12  BELIEVE THAT A PERSON, ACTING AS OR ON BEHALF OF A  CANDIDATE  OR  POLI-
   13  TICAL  COMMITTEE  UNDER CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE SUCH
   14  LAW, HAS UNLAWFULLY ACCEPTED A CONTRIBUTION IN EXCESS OF A  CONTRIBUTION
   15  LIMITATION ESTABLISHED IN TITLE TWO OF ARTICLE FOURTEEN OF THIS CHAPTER,
   16  WHICH COULD WARRANT A CIVIL PENALTY AS PROVIDED FOR IN SUBDIVISION THREE
   17  OF  SECTION 14-126 OR SUBDIVISION TWO OF SECTION 14-222 OF THIS CHAPTER,
   18  THE BOARD SHALL DIRECT THE COMMENCEMENT OF A SPECIAL PROCEEDING  IN  THE
   19  SUPREME COURT.
   20    (B) IF THE FAIR ELECTIONS BOARD DETERMINES, AS PROVIDED IN SUBDIVISION
   21  SIXTEEN  OF  THIS  SECTION  THAT  REASONABLE  CAUSE  EXISTS TO BELIEVE A
   22  VIOLATION OF TITLE TWO OF ARTICLE FOURTEEN OF  THIS  CHAPTER  WARRANTING
   23  CRIMINAL  PROSECUTION  HAS TAKEN PLACE, THE BOARD SHALL REFER THE MATTER
   24  TO A DISTRICT ATTORNEY AND SHALL MAKE AVAILABLE TO SUCH DISTRICT  ATTOR-
   25  NEY ALL PAPERS, DOCUMENTS, TESTIMONY AND FINDINGS RELEVANT TO ITS INVES-
   26  TIGATION.  WHERE REASONABLE CAUSE EXISTS TO BELIEVE THAT A CANDIDATE FOR
   27  THE  OFFICE  OF ATTORNEY GENERAL HAS VIOLATED TITLE TWO OF ARTICLE FOUR-
   28  TEEN OF THIS CHAPTER, THE BOARD SHALL REFER THE MATTER TO  THE  DISTRICT
   29  ATTORNEY OF THE APPROPRIATE COUNTY.
   30    (C) IF THE FAIR ELECTIONS BOARD DETERMINES, AS PROVIDED IN SUBDIVISION
   31  SIXTEEN  OF  THIS  SECTION  THAT  REASONABLE  CAUSE  EXISTS TO BELIEVE A
   32  VIOLATION OF TITLE TWO OF ARTICLE FOURTEEN OF THIS  CHAPTER,  WARRANTING
   33  CRIMINAL  PROSECUTION  HAS  TAKEN  PLACE,  THE  BOARD  SHALL,  EXCEPT AS
   34  PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, REFER THE MATTER  TO  THE
   35  ATTORNEY  GENERAL AND SHALL MAKE AVAILABLE TO THE SAME ALL PAPERS, DOCU-
   36  MENTS, TESTIMONY AND FINDINGS RELEVANT TO ITS INVESTIGATION.
   37    18. UPON NOTIFICATION THAT A SPECIAL PROCEEDING HAS BEEN COMMENCED  BY
   38  A  PARTY OTHER THAN THE FAIR ELECTIONS BOARD, PURSUANT TO SECTION 16-114
   39  OF THIS  CHAPTER,  THE  FAIR  ELECTIONS  BOARD  SHALL  DIRECT  THE  FAIR
   40  ELECTIONS   BOARD   ENFORCEMENT   COUNSEL  TO  INVESTIGATE  THE  ALLEGED
   41  VIOLATIONS UNLESS OTHERWISE DIRECTED BY THE COURT.
   42    19. THE FAIR ELECTIONS  BOARD  ENFORCEMENT  COUNSEL  SHALL  PREPARE  A
   43  REPORT, TO BE INCLUDED IN THE ANNUAL REPORT TO THE GOVERNOR AND LEGISLA-
   44  TURE,  SUMMARIZING  THE ACTIVITIES OF THE UNIT DURING THE PREVIOUS YEAR.
   45  SUCH REPORT SHALL INCLUDE: (I) THE NUMBER OF COMPLAINTS  RECEIVED;  (II)
   46  THE  NUMBER  OF COMPLAINTS THAT WERE FOUND TO NEED INVESTIGATION AND THE
   47  NATURE OF EACH COMPLAINT; AND (III) THE NUMBER OF MATTERS THAT HAVE BEEN
   48  RESOLVED.   THE REPORT SHALL  NOT  CONTAIN  ANY  INFORMATION  FOR  WHICH
   49  DISCLOSURE IS NOT PERMITTED.
   50    20.  THE  FAIR  ELECTIONS  BOARD  MAY PROMULGATE RULES AND REGULATIONS
   51  CONSISTENT WITH LAW TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
   52    S 6. The state of New York shall appropriate during each  fiscal  year
   53  to  the  New  York state fair elections board enforcement unit, not less
   54  than thirty-five percent of the appropriation available from the general
   55  fund for the state board of elections to pay for the  expenses  of  such
   56  enforcement  unit.    Notwithstanding  section  fifty-one  of  the state
       S. 3502                             5
    1  finance law, such funding shall not be decreased by interchange with any
    2  other appropriation.
    3    S 7. The election law is amended by adding a new section 3-111 to read
    4  as follows:
    5    S 3-111. PERSONAL USE OF CAMPAIGN FUNDS. UPON WRITTEN REQUEST FROM ANY
    6  PERSON  WHO  IS  SUBJECT  TO  THE REQUIREMENTS OF SECTION 14-130 OF THIS
    7  CHAPTER, THE FAIR ELECTIONS BOARD SHALL RENDER FORMAL AND ADVISORY OPIN-
    8  IONS ON THE REQUIREMENTS OF SAID PROVISION. AN OPINION RENDERED  BY  THE
    9  BOARD,  UNTIL  AND  UNLESS  AMENDED  OR REVOKED, SHALL BE BINDING ON THE
   10  BOARD IN ANY SUBSEQUENT PROCEEDING CONCERNING THE PERSON  WHO  REQUESTED
   11  THE  OPINION  AND  WHO ACTED IN GOOD FAITH AND RELIANCE ON SUCH OPINION,
   12  UNLESS MATERIAL FACTS WERE OMITTED OR MISSTATED BY  THE  PERSON  IN  THE
   13  REQUEST  FOR  AN  OPINION.  SUCH OPINION MAY ALSO BE RELIED UPON BY SUCH
   14  PERSON, AND MAY BE INTRODUCED AND SHALL BE DEFENSE IN  ANY  CRIMINAL  OR
   15  CIVIL  ACTION.  SUCH  REQUEST SHALL BE CONFIDENTIAL, BUT THE BOARD SHALL
   16  PUBLISH SUCH OPINIONS PROVIDED THAT THE NAME OF  THE  REQUESTING  PERSON
   17  AND OTHER IDENTIFYING DETAILS SHALL NOT BE INCLUDED IN THE PUBLICATION.
   18    S  8.  Section  14-100  of the election law is amended by adding a new
   19  subdivision 15 to read as follows:
   20    15. "INTERMEDIARY"  MEANS  AN  INDIVIDUAL,  CORPORATION,  PARTNERSHIP,
   21  POLITICAL  COMMITTEE,  LABOR  ORGANIZATION, OR OTHER ENTITY WHICH, OTHER
   22  THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY, OR MESSEN-
   23  GER SERVICE, DELIVERS ANY CONTRIBUTION FROM ANOTHER PERSON OR ENTITY  TO
   24  A CANDIDATE OR AN AUTHORIZED COMMITTEE.
   25    "INTERMEDIARY"  SHALL  NOT  INCLUDE  SPOUSES,  PARENTS,  CHILDREN,  OR
   26  SIBLINGS OF THE PERSON MAKING SUCH CONTRIBUTION.
   27    S 9. Subdivision 1 of section 14-102 of the election law,  as  amended
   28  by  chapter  8  and as redesignated by chapter 9 of the laws of 1978, is
   29  amended to read as follows:
   30    1. The treasurer of every political committee which, or  any  officer,
   31  member  or  agent  of  any  such  committee  who, in connection with any
   32  election, receives or expends any  money  or  other  valuable  thing  or
   33  incurs  any  liability  to pay money or its equivalent shall file state-
   34  ments sworn, or subscribed and bearing a form notice that  false  state-
   35  ments  made  therein are punishable as a class A misdemeanor pursuant to
   36  section 210.45 of the penal law, at the times prescribed by this  [arti-
   37  cle]  TITLE  setting  forth  all  the receipts, contributions to and the
   38  expenditures by and liabilities of the committee, and of  its  officers,
   39  members  and  agents  in  its  behalf. Such statements shall include the
   40  dollar amount of any receipt, contribution  or  transfer,  or  the  fair
   41  market  value  of  any receipt, contribution or transfer, which is other
   42  than of money, the name and  address  of  the  transferor,  contributor,
   43  INTERMEDIARY,  or  person  from  whom  received,  and if the transferor,
   44  contributor, INTERMEDIARY, or person is a political committee; the  name
   45  of  and the political unit represented by the committee, the date of its
   46  receipt, the dollar amount of every expenditure, the name and address of
   47  the person to whom it was made or the name of  and  the  political  unit
   48  represented  by the committee to which it was made and the date thereof,
   49  and shall state clearly the purpose of such expenditure. AN INTERMEDIARY
   50  NEED NOT BE REPORTED FOR  A  CONTRIBUTION  THAT  WAS  COLLECTED  FROM  A
   51  CONTRIBUTOR  IN CONNECTION WITH A PARTY OR OTHER CANDIDATE-RELATED EVENT
   52  HELD AT THE RESIDENCE OF THE PERSON DELIVERING THE CONTRIBUTION,  UNLESS
   53  THE  EXPENSES  OF SUCH EVENT AT SUCH RESIDENCE FOR SUCH CANDIDATE EXCEED
   54  FIVE HUNDRED DOLLARS OR THE AGGREGATE CONTRIBUTIONS RECEIVED  FROM  THAT
   55  CONTRIBUTOR  AT  SUCH  EVENT  EXCEED FIVE HUNDRED DOLLARS. Any statement
   56  reporting a loan shall have attached to it a copy  of  the  evidence  of
       S. 3502                             6
    1  indebtedness.  Expenditures  in  sums  under  fifty  dollars need not be
    2  specifically accounted for by separate items  in  said  statements,  and
    3  receipts   and  contributions  aggregating  not  more  than  ninety-nine
    4  dollars, from any one contributor need not be specifically accounted for
    5  by  separate  items  in  said  statements,  provided  however, that such
    6  expenditures, receipts and contributions shall be subject to  the  other
    7  provisions of section 14-118 of this [article] TITLE.
    8    S  10. Section 14-110 of the election law, as amended by chapter 46 of
    9  the laws of 1984, is amended to read as follows:
   10    S 14-110. Place for filing  statements.  The  places  for  filing  the
   11  statements required by this article shall be determined by rule or regu-
   12  lation  of  the  state  board  of elections; provided, however, that the
   13  statements of a candidate for election to the office of governor,  lieu-
   14  tenant  governor,  attorney general, comptroller, member of the legisla-
   15  ture, delegate to a constitutional convention, justice  of  the  supreme
   16  court or for nomination for any such office at a primary election and of
   17  any  committee  aiding  or  taking  part in the designation, nomination,
   18  election or defeat of candidates for one or  more  of  such  offices  or
   19  promoting  the  success  or  defeat  of a question to be voted on by the
   20  voters of the entire state shall  be  filed  with  the  state  board  of
   21  elections  and in such other places as the state board of elections may,
   22  by rule or  regulation  provide.    UPON  FILING,  THE  STATE  BOARD  OF
   23  ELECTIONS  SHALL  MAKE  ALL STATEMENTS FILED THEREWITH READILY AVAILABLE
   24  AND ACCESSIBLE TO THE FAIR ELECTIONS BOARD.
   25    S 11. Section 14-112 of the election law, as amended by chapter 930 of
   26  the laws of 1981, is amended to read as follows:
   27    S 14-112. Political committee authorization statement.  Any  political
   28  committee  aiding  or  taking  part in the election or nomination of any
   29  candidate, other than by making contributions, shall file, in the office
   30  in which the statements of such committee are to be  filed  pursuant  to
   31  this [article] TITLE, either a sworn verified statement by the treasurer
   32  of  such  committee  that  the  candidate  has  authorized the political
   33  committee to aid or take part in his election or that the candidate  has
   34  not authorized the committee to aid or take part in his election.
   35    S  12.  Section  14-116 of the election law, subdivision 1 as redesig-
   36  nated by chapter 9 of the laws of 1978 and subdivision 2 as  amended  by
   37  chapter 260 of the laws of 1981, is amended to read as follows:
   38    S  14-116.  Political  contributions  by certain organizations. 1.  No
   39  corporation, LIMITED LIABILITY COMPANY or joint-stock association  doing
   40  business  in this state, except [a corporation or association] AN ENTITY
   41  organized or maintained for political purposes only, shall  directly  or
   42  indirectly pay or use or offer, consent or agree to pay or use any money
   43  or property for or in aid of any political party, committee or organiza-
   44  tion,  or for, or in aid of, any corporation, LIMITED LIABILITY COMPANY,
   45  joint-stock or other association organized or maintained  for  political
   46  purposes,  or  for,  or in aid of, any candidate for political office or
   47  for nomination for such office, or for any political  purpose  whatever,
   48  or  for the reimbursement or indemnification of any person for moneys or
   49  property so used. Any officer, director, stock-holder, attorney or agent
   50  of any corporation, LIMITED LIABILITY COMPANY or joint-stock association
   51  which violates any of the provisions of this section,  who  participates
   52  in,  aids,  abets or advises or consents to any such violations, and any
   53  person who solicits or knowingly  receives  any  money  or  property  in
   54  violation of this section, shall be guilty of a misdemeanor.
   55    2.  Notwithstanding the provisions of subdivision one of this section,
   56  any corporation or an organization financially supported in whole or  in
       S. 3502                             7
    1  part,  by  such  corporation, AND ANY LIMITED LIABILITY COMPANY may make
    2  expenditures, including contributions, not otherwise prohibited by  law,
    3  for political purposes, in an amount not to exceed five thousand dollars
    4  in  the  aggregate in any calendar year; provided that no public utility
    5  shall use revenues received from the rendition of public service  within
    6  the  state  for contributions for political purposes unless such cost is
    7  charged to the shareholders of such a public service corporation.
    8    S 13. Subdivision 3 of section 14-124 of the election law, as  amended
    9  by chapter 71 of the laws of 1988, is amended to read as follows:
   10    3. The contribution and receipt limits of this article shall not apply
   11  to monies received and expenditures made by a party committee or consti-
   12  tuted committee to maintain a permanent headquarters and staff and carry
   13  on  ordinary activities which are not for the express purpose of promot-
   14  ing the candidacy  of  specific  candidates.  PROVIDED  THAT  THE  FUNDS
   15  DESCRIBED  IN  THIS  SUBDIVISION  SHALL  BE PROHIBITED FROM BEING TRANS-
   16  FERRED. PROVIDED FURTHER, THAT EXPENDITURES MADE BY A PARTY COMMITTEE OR
   17  CONSTITUTED COMMITTEE FOR A POLITICAL COMMUNICATION IN  ACCORDANCE  WITH
   18  THE  PROVISIONS OF THIS SUBDIVISION SHALL NOT INCLUDE THE NAME, LIKENESS
   19  OR VOICE OF ANY CANDIDATE OR ELECTED OFFICIAL.
   20    S 13-a. Sections 14-100 through 14-130 of article 14 of  the  election
   21  law  are  designated title 1 and a new title heading is added to read as
   22  follows:
   23                     CAMPAIGN RECEIPTS AND EXPENDITURES
   24    S 14.  The election law is amended by adding a new section  14-132  to
   25  read as follows:
   26    S  14-132.  USE  OF CONTRIBUTIONS IN VIOLATION OF FEDERAL POSTAL REGU-
   27  LATIONS PROHIBITED. NO PARTY OR CONSTITUTED  COMMITTEE  WHICH  HAS  BEEN
   28  DESIGNATED  AS A NOT-FOR-PROFIT ORGANIZATION BY THE UNITED STATES INTER-
   29  NAL REVENUE SERVICE SHALL  MAKE  EXPENDITURES,  OF  DIRECT  OR  INDIRECT
   30  CONTRIBUTIONS  OR  TRANSFERS RECEIVED BY SUCH COMMITTEE, IN VIOLATION OF
   31  UNITED STATES POSTAL SERVICE REGULATIONS.
   32    S 14-a.  The article heading of article 14  of  the  election  law  is
   33  amended to read as follows:
   34           CAMPAIGN RECEIPTS AND EXPENDITURES; MATCHING FINANCING
   35    S 15.  Article 14 of the election law is amended by adding a new title
   36  2 to read as follows:
   37                                  TITLE II
   38                              PUBLIC FINANCING
   39  SECTION 14-200. APPLICABILITY OF TITLE.
   40          14-202. DEFINITIONS.
   41          14-204. REPORTING REQUIREMENTS.
   42          14-206. ELIGIBILITY.
   43          14-208. QUALIFIED CAMPAIGN EXPENDITURES.
   44          14-210. OPTIONAL PUBLIC FINANCING.
   45          14-212. CONTRIBUTION AND RECEIPT LIMITATIONS.
   46          14-214. LIMITATIONS ON THE RECEIPT OF PUBLIC FUNDS.
   47          14-216. FAIR ELECTIONS BOARD; GENERAL POWERS AND DUTIES.
   48          14-218. EXAMINATIONS AND AUDITS.
   49          14-220. CIVIL ENFORCEMENT.
   50          14-222. CRIMINAL PENALTIES.
   51          14-224. REPORTS.
   52          14-226. DEBATES.
   53          14-228. DISTRIBUTIONS FROM FAIR ELECTIONS FUND.
   54    S 14-200. APPLICABILITY OF TITLE. THIS TITLE SHALL ONLY APPLY TO THOSE
   55  CANDIDATES  WHO  ELECT  TO  PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING
   56  SYSTEM.
       S. 3502                             8
    1    S 14-202. DEFINITIONS. AS USED IN THIS TITLE, UNLESS  ANOTHER  MEANING
    2  IS CLEARLY INDICATED:
    3    1.  THE TERM "BOARD" OR "FAIR ELECTIONS BOARD" MEANS THE BOARD CREATED
    4  BY SECTION 14-216 OF THIS TITLE TO ADMINISTER THE FAIR ELECTIONS FUND.
    5    2. THE TERM "ELIGIBLE CANDIDATE" SHALL MEAN A CANDIDATE FOR NOMINATION
    6  OR ELECTION TO ANY OF THE  OFFICES  OF  GOVERNOR,  LIEUTENANT  GOVERNOR,
    7  COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE STATE LEGISLATURE, AT-LARGE
    8  DELEGATE  TO  A  CONSTITUTIONAL  CONVENTION  OR  DISTRICT  DELEGATE TO A
    9  CONSTITUTIONAL CONVENTION.
   10    3. THE TERM "PARTICIPATING COMMITTEE" SHALL MEAN A  SINGLE  AUTHORIZED
   11  POLITICAL  COMMITTEE  WHICH  A CANDIDATE CERTIFIES IS THE COMMITTEE THAT
   12  WILL SOLELY BE USED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM ESTAB-
   13  LISHED BY THIS TITLE AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMA-
   14  RY, GENERAL OR SPECIAL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT.  A
   15  MULTI-CANDIDATE COMMITTEE MAY NOT BE A PARTICIPATING COMMITTEE.
   16    4. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN A  CANDIDATE  WHO  IS
   17  ELIGIBLE  TO  PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEM ESTAB-
   18  LISHED BY THIS TITLE, HAS MET THE  THRESHOLD  FOR  ELIGIBILITY  AND  HAS
   19  ELECTED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM.
   20    5.  THE  TERM  "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR
   21  ANY OFFICE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING UNDER THIS TITLE FOR A
   22  COVERED ELECTION WHO FAILS TO FILE A STATEMENT IN THE FORM OF AN AFFIDA-
   23  VIT PURSUANT TO SECTION 14-210 OF THIS TITLE.
   24    6. THE TERM "MATCHABLE CONTRIBUTIONS" SHALL MEAN THAT PORTION  OF  THE
   25  AGGREGATE  CONTRIBUTIONS  MADE  (A)  IN THE CASE OF A PRIMARY OR GENERAL
   26  ELECTION, AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY OR GENER-
   27  AL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT OR (B) IN THE CASE OF A
   28  SPECIAL ELECTION, WITHIN SIX MONTHS OF SUCH ELECTION BY NATURAL  PERSONS
   29  RESIDENT  IN  THE  STATE  OF  NEW  YORK TO A CANDIDATE FOR NOMINATION OR
   30  ELECTION TO ANY OF THE OFFICES COVERED BY THE PROVISIONS OF  THIS  TITLE
   31  WHICH  DO NOT EXCEED TWO HUNDRED FIFTY DOLLARS, WHICH HAVE BEEN REPORTED
   32  IN FULL BY THE CANDIDATE'S PARTICIPATING COMMITTEE TO THE FAIR ELECTIONS
   33  BOARD, INCLUDING THE CONTRIBUTOR'S FULL NAME AND RESIDENTIAL ADDRESS.  A
   34  LOAN  MAY  NOT  BE  TREATED AS A MATCHABLE CONTRIBUTION.   THE FOLLOWING
   35  CONTRIBUTIONS ARE NOT MATCHABLE:
   36    (A) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;
   37    (B) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR  AN  ITEM
   38  WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
   39    (C) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR OR OTHER-
   40  WISE INDUCED BY A CHANCE TO PARTICIPATE IN A RAFFLE, LOTTERY, OR SIMILAR
   41  DRAWING FOR VALUABLE PRIZES;
   42    (D)  MONEY  ORDER  CONTRIBUTIONS FROM ANY ONE CONTRIBUTOR THAT ARE, IN
   43  THE AGGREGATE, GREATER THAN ONE HUNDRED DOLLARS;
   44    (E) CONTRIBUTIONS FROM INDIVIDUALS UNDER THE AGE OF EIGHTEEN YEARS;
   45    (F) CONTRIBUTIONS FROM INDIVIDUAL VENDORS TO  WHOM  THE  PARTICIPATING
   46  CANDIDATE  OR  HIS  OR  HER PRINCIPAL COMMITTEE MAKES AN EXPENDITURE, IN
   47  FURTHERANCE OF THE NOMINATION FOR ELECTION OR ELECTION  COVERED  BY  THE
   48  CANDIDATE'S  CERTIFICATION,  UNLESS  SUCH  EXPENDITURE IS REIMBURSING AN
   49  ADVANCE.
   50    (G) ALL CONTRIBUTIONS RECEIVED  BETWEEN  THE  DAY  AFTER  THE  GENERAL
   51  ELECTION  IN WHICH THE PARTICIPATING CANDIDATE IS SEEKING OFFICE AND THE
   52  THIRTY-FIRST DAY OF DECEMBER OF THE YEAR BEFORE THE YEAR  IN  WHICH  THE
   53  NEXT GENERAL ELECTION IS TO BE HELD, INCLUSIVELY.
   54    7. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE
   55  FOR WHICH PUBLIC FUNDS MAY BE USED.
       S. 3502                             9
    1    8.  THE  TERM "FUND" SHALL MEAN THE NEW YORK STATE FAIR ELECTIONS FUND
    2  CREATED BY SECTION NINETY-TWO-Y OF THE STATE FINANCE LAW.
    3    9. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF TOTAL
    4  MATCHABLE CONTRIBUTIONS THAT THE PARTICIPATING COMMITTEE OF AN OTHERWISE
    5  ELIGIBLE  CANDIDATE  MUST RECEIVE, AS REQUIRED BY SECTION 14-206 OF THIS
    6  TITLE, IN ORDER TO QUALIFY FOR OPTIONAL  PUBLIC  FINANCING  PURSUANT  TO
    7  THIS TITLE.
    8    10. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS IN SUBDIVI-
    9  SION NINE OF SECTION 14-100 OF THIS ARTICLE.
   10    11.  THE TERM "ELECTION CYCLE" SHALL MEAN THE TWO YEAR PERIOD STARTING
   11  THE DAY AFTER THE LAST GENERAL ELECTION FOR  CANDIDATES  FOR  THE  STATE
   12  LEGISLATURE  AND  SHALL MEAN THE FOUR YEAR PERIOD STARTING AFTER THE DAY
   13  AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR STATEWIDE OFFICE.
   14    S 14-204. REPORTING REQUIREMENTS.  1.  EVERY  PARTICIPATING  CANDIDATE
   15  SHALL NOT DESIGNATE MORE THAN ONE AUTHORIZED COMMITTEE. BEFORE RECEIVING
   16  ANY  CONTRIBUTION OR MAKING ANY EXPENDITURE FOR A COVERED ELECTION, EACH
   17  PARTICIPATING CANDIDATE SHALL NOTIFY THE FAIR ELECTIONS BOARD AS TO  THE
   18  EXISTENCE  OF  HIS  OR HER AUTHORIZED COMMITTEE THAT HAS BEEN DESIGNATED
   19  AND APPROVED BY SUCH CANDIDATE. EACH SUCH  AUTHORIZED  COMMITTEE  SHALL,
   20  BEFORE  OPENING  A COMMITTEE BANK ACCOUNT, RECEIVING ANY CONTRIBUTION OR
   21  MAKING ANY EXPENDITURE FOR A COVERED ELECTION:
   22    (A) DESIGNATE A TREASURER; AND
   23    (B) OBTAIN A TAX  IDENTIFICATION  NUMBER  FROM  THE  INTERNAL  REVENUE
   24  SERVICE.
   25    2.  DISCLOSURE. (A) EVERY PARTICIPATING CANDIDATE SHALL FILE FINANCIAL
   26  DISCLOSURE REPORTS WITH THE STATE BOARD  OF  ELECTIONS  AS  REQUIRED  BY
   27  TITLE  ONE OF THIS ARTICLE. COPIES OF SUCH REPORTS SHALL ALSO BE SUBMIT-
   28  TED TO THE FAIR ELECTIONS BOARD CREATED PURSUANT TO THIS ARTICLE AT  THE
   29  SAME TIME SUCH REPORTS ARE FILED WITH THE STATE BOARD OF ELECTIONS.
   30    (B) THE FAIR ELECTIONS BOARD SHALL REVIEW EACH DISCLOSURE REPORT FILED
   31  WITH  THE STATE BOARD OF ELECTIONS PURSUANT TO TITLE ONE OF THIS ARTICLE
   32  AND SHALL  INFORM  PARTICIPATING  CANDIDATES  AND  POLITICAL  COMMITTEES
   33  INCLUDING  THE  AUTHORIZED  COMMITTEE,  OF  RELEVANT  QUESTIONS THE FAIR
   34  ELECTIONS BOARD HAS CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS OF THIS
   35  TITLE AND OF THE RULES ISSUED BY THE  FAIR  ELECTIONS  BOARD;  AND  (II)
   36  QUALIFICATION  FOR  RECEIVING  PUBLIC  MATCHING  FUNDS  PURSUANT TO THIS
   37  TITLE. IN THE COURSE OF SUCH REVIEW, THE FAIR ELECTIONS BOARD SHALL GIVE
   38  CANDIDATES AND POLITICAL COMMITTEES INCLUDING THE AUTHORIZED  COMMITTEE,
   39  AN  OPPORTUNITY  TO RESPOND TO AND CORRECT POTENTIAL VIOLATIONS AND GIVE
   40  CANDIDATES AN OPPORTUNITY TO ADDRESS QUESTIONS THE BOARD HAS  CONCERNING
   41  THEIR MATCHABLE CONTRIBUTION CLAIMS OR OTHER ISSUES CONCERNING ELIGIBIL-
   42  ITY  FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. NOTHING
   43  IN THIS PARAGRAPH SHALL PRECLUDE THE BOARD FROM  SUBSEQUENTLY  REVIEWING
   44  SUCH  A  DISCLOSURE REPORT AND TAKING ANY ACTION OTHERWISE AUTHORIZED BY
   45  THIS TITLE.
   46    (C) ONLY ITEMIZED CONTRIBUTIONS CONTAINED IN REPORTS  FILED  WITH  THE
   47  FAIR  ELECTIONS  BOARD  SHALL BE ELIGIBLE FOR MATCHING FUNDS PURSUANT TO
   48  THIS TITLE.
   49    S 14-206. ELIGIBILITY. 1. TO BE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING
   50  UNDER THIS TITLE, A CANDIDATE FOR NOMINATION OR ELECTION MUST:
   51    (A) MEET ALL THE REQUIREMENTS OF THIS CHAPTER AND OTHER PROVISIONS  OF
   52  LAW TO HAVE HIS OR HER NAME ON THE BALLOT;
   53    (B)  BE  A  CANDIDATE  FOR  STATEWIDE OFFICE, THE STATE LEGISLATURE OR
   54  DELEGATE TO A CONSTITUTIONAL CONVENTION AT A PRIMARY, GENERAL OR SPECIAL
   55  ELECTION AND MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION
   56  TWO OF THIS SECTION;
       S. 3502                            10
    1    (C) ELECT TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM ESTABLISHED BY
    2  THIS TITLE NOT LATER THAN SEVEN DAYS AFTER THE LAST DAY TO  FILE  DESIG-
    3  NATING  PETITIONS  FOR  THE  OFFICE SUCH CANDIDATE IS SEEKING OR, IN THE
    4  CASE OF A SPECIAL ELECTION, NOT LATER THAN THE LAST DAY TO FILE NOMINAT-
    5  ING CERTIFICATES FOR SUCH OFFICE;
    6    (D)  AGREE  TO  OBTAIN  AND  FURNISH  TO  THE FAIR ELECTIONS BOARD ANY
    7  EVIDENCE IT MAY REASONABLY REQUEST  RELATING  TO  HIS  OR  HER  CAMPAIGN
    8  EXPENDITURES OR CONTRIBUTIONS AND FURNISH SUCH OTHER PROOF OF COMPLIANCE
    9  WITH THIS TITLE AS MAY BE REQUESTED BY THE BOARD;
   10    (E)  HAVE  A  SINGLE  AUTHORIZED  POLITICAL  COMMITTEE WHICH HE OR SHE
   11  CERTIFIES AS THE PARTICIPATING COMMITTEE FOR THE PURPOSES OF THIS TITLE;
   12    (F) AGREE TO IDENTIFY ACCURATELY IN ALL CAMPAIGN MATERIALS THE  PERSON
   13  OR ENTITY THAT PAID FOR SUCH CAMPAIGN MATERIAL; AND
   14    (G)  FOR  ANY CANDIDATE ELECTING TO PARTICIPATE IN THE OPTIONAL PUBLIC
   15  FINANCING SYSTEM IN THE YEAR IN WHICH  SUCH  OPTIONAL  PUBLIC  FINANCING
   16  SYSTEM  IS  FIRST EFFECTIVE, FOR THE COVERED OFFICE BEING SOUGHT BY SUCH
   17  CANDIDATE, AND, IN EACH SUBSEQUENT YEAR, THOSE CANDIDATES  WHO  DID  NOT
   18  ELECT TO PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEM IN THE YEAR
   19  IMMEDIATELY PRECEDING THE CURRENT YEAR, AGREE NOT TO EXPEND FOR CAMPAIGN
   20  PURPOSES  ANY  PORTION  OF  ANY PRE-EXISTING FUNDS RAISED FOR ANY PUBLIC
   21  OFFICE OR PARTY POSITION PRIOR TO THE DATE OF ELECTING TO PARTICIPATE IN
   22  THE PUBLIC FINANCING SYSTEM AS SET FORTH IN PARAGRAPH (C) OF THIS SUBDI-
   23  VISION.  NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO LIMIT,  IN  ANY
   24  WAY,  ANY  CANDIDATE  OR  PUBLIC  OFFICIAL FROM EXPENDING ANY PORTION OF
   25  PRE-EXISTING CAMPAIGN FUNDS FOR ANY  LAWFUL  PURPOSE  OTHER  THAN  THOSE
   26  RELATED TO HIS OR HER CAMPAIGN.
   27    (H)  AGREE  NOT  TO  ACCEPT  CONTRIBUTIONS IN EXCESS OF THE LIMITS SET
   28  FORTH IN SECTION 14-212 OF THIS TITLE FROM THE TIME HE OR SHE ELECTS  TO
   29  PARTICIPATE  IN  THE  OPTIONAL  PUBLIC FINANCING SYSTEM, AS SET FORTH BY
   30  PARAGRAPH (C) OF THIS SECTION, THROUGH THE THIRTY-FIRST DAY OF  DECEMBER
   31  OF  THE YEAR BEFORE THE YEAR IN WHICH THE NEXT GENERAL ELECTION IS TO BE
   32  HELD.
   33    2. THE THRESHOLD FOR ELIGIBILITY FOR PUBLIC FUNDING FOR CANDIDATES  IN
   34  A  PRIMARY,  GENERAL OR SPECIAL ELECTION FOR THE FOLLOWING OFFICES SHALL
   35  BE:
   36    (A) GOVERNOR IN A PRIMARY OR  GENERAL  ELECTION.  NOT  LESS  THAN  SIX
   37  HUNDRED  FIFTY  THOUSAND DOLLARS FROM AT LEAST SIX THOUSAND FIVE HUNDRED
   38  MATCHABLE CONTRIBUTIONS MADE UP OF SUMS  OF  UP  TO  TWO  HUNDRED  FIFTY
   39  DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
   40    (B)  LIEUTENANT  GOVERNOR  IN  A  PRIMARY  ELECTION AND COMPTROLLER OR
   41  ATTORNEY GENERAL IN A PRIMARY OR GENERAL ELECTION.   NOT LESS  THAN  TWO
   42  HUNDRED  THOUSAND  DOLLARS FROM AT LEAST TWO THOUSAND MATCHABLE CONTRIB-
   43  UTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY DOLLARS PER INDIVIDUAL
   44  CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
   45    (C) MEMBERS OF THE STATE SENATE  IN  A  PRIMARY,  GENERAL  OR  SPECIAL
   46  ELECTION.  NOT  LESS  THAN  TWENTY  THOUSAND  DOLLARS  FROM AT LEAST TWO
   47  HUNDRED MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF  UP  TO  TWO  HUNDRED
   48  FIFTY  DOLLARS  PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE
   49  INCLUDING AT LEAST TEN THOUSAND DOLLARS FROM AT LEAST ONE HUNDRED  INDI-
   50  VIDUAL  CONTRIBUTORS  WHO RESIDE IN THE SENATE DISTRICT OR RESIDE IN ANY
   51  PORTION OF ANY COUNTY WHICH CONSTITUTES ANY MEASURE OF THE  DISTRICT  IN
   52  WHICH THE SEAT IS TO BE FILLED.
   53    (D) MEMBERS OF THE ASSEMBLY IN A PRIMARY, GENERAL OR SPECIAL ELECTION.
   54  NOT  LESS  THAN TEN THOUSAND DOLLARS FROM AT LEAST ONE HUNDRED MATCHABLE
   55  CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO  HUNDRED  FIFTY  DOLLARS  PER
   56  INDIVIDUAL  CONTRIBUTOR WHO RESIDES IN NEW YORK STATE INCLUDING AT LEAST
       S. 3502                            11
    1  FIVE THOUSAND DOLLARS FROM AT LEAST FIFTY INDIVIDUALS WHO RESIDE IN  THE
    2  ASSEMBLY  DISTRICT  OR RESIDE IN ANY PORTION OF ANY COUNTY WHICH CONSTI-
    3  TUTES ANY MEASURE OF THE DISTRICT IN WHICH THE SEAT IS TO BE FILLED.
    4    (E)  AT-LARGE  DELEGATE TO A CONSTITUTIONAL CONVENTION IN A PRIMARY OR
    5  GENERAL ELECTION. NOT LESS THAN TWENTY THOUSAND DOLLARS  FROM  AT  LEAST
    6  TWO HUNDRED MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED
    7  FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
    8    (F)  DISTRICT  DELEGATE TO A CONSTITUTIONAL CONVENTION IN A PRIMARY OR
    9  GENERAL ELECTION. NOT LESS THAN FIVE  THOUSAND  DOLLARS  FROM  AT  LEAST
   10  FIFTY MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY
   11  DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN THE DISTRICT OR IN THE
   12  CONSTITUENT COUNTY OR RESIDES IN ANY PORTION OF ANY COUNTY WHICH CONSTI-
   13  TUTES ANY MEASURE OF THE DISTRICT IN WHICH THE SEAT IS TO BE FILLED.
   14    3.  IN  ORDER  TO  BE  ELIGIBLE  TO  RECEIVE PUBLIC FUNDS IN A PRIMARY
   15  ELECTION A CANDIDATE MUST AGREE, THAT IN THE EVENT SUCH CANDIDATE  IS  A
   16  CANDIDATE  FOR  SUCH  OFFICE  IN THE GENERAL ELECTION IN SUCH YEAR, THAT
   17  SUCH CANDIDATE WILL BE BOUND BY THE PROVISIONS OF THIS TITLE, INCLUDING,
   18  BUT NOT LIMITED TO, THE PUBLIC FUNDS RECEIPT LIMITS OF THIS TITLE.
   19    4. CANDIDATES WHO ARE CONTESTED IN A PRIMARY ELECTION AND WHO  DO  NOT
   20  SEEK PUBLIC FUNDS SHALL NOT BE ELIGIBLE FOR PUBLIC FUNDS FOR THE GENERAL
   21  ELECTION  IN  THAT  YEAR.  THE  PROVISIONS OF THIS SUBDIVISION SHALL NOT
   22  APPLY TO CANDIDATES FOR THE OFFICE OF LIEUTENANT GOVERNOR.
   23    5. CANDIDATES WHO ARE UNOPPOSED IN A GENERAL OR SPECIAL ELECTION SHALL
   24  NOT BE ELIGIBLE TO RECEIVE PUBLIC FUNDS.
   25    6. NO CANDIDATE FOR ELECTION TO AN OFFICE IN  A  PRIMARY,  GENERAL  OR
   26  SPECIAL  ELECTION WHO HAS ELECTED TO PARTICIPATE IN THE PUBLIC FINANCING
   27  SYSTEM SHALL BE DEEMED OPPOSED AND RECEIVE PUBLIC FUNDS UNLESS THERE  IS
   28  AT LEAST ONE OTHER CANDIDATE, AS DEFINED BY SUBDIVISION SEVEN OF SECTION
   29  14-100 OF THIS ARTICLE FOR SUCH OFFICE IN SUCH ELECTION.
   30    S  14-208.  QUALIFIED  CAMPAIGN EXPENDITURES. 1. PUBLIC FUNDS PROVIDED
   31  UNDER THE PROVISIONS OF THIS TITLE MAY ONLY BE USED FOR EXPENDITURES  BY
   32  THE PARTICIPATING COMMITTEE AUTHORIZED BY THE CANDIDATE TO MAKE EXPENDI-
   33  TURES  ON SUCH CANDIDATE'S BEHALF, TO FURTHER THE CANDIDATE'S NOMINATION
   34  OR ELECTION AFTER JANUARY FIRST OF THE YEAR  IN  WHICH  THE  PRIMARY  OR
   35  GENERAL ELECTION IS HELD FOR THE OFFICE SOUGHT, FOR SERVICES, MATERIALS,
   36  FACILITIES  OR OTHER THINGS OF VALUE USED DURING THAT ELECTION CYCLE OR,
   37  IN THE CASE OF A SPECIAL ELECTION, FOR EXPENDITURES  DURING  THE  PERIOD
   38  COMMENCING  THREE  MONTHS BEFORE AND ENDING ONE MONTH AFTER SUCH SPECIAL
   39  ELECTION.
   40    2. SUCH PUBLIC FUNDS MAY NOT BE USED FOR:
   41    (A) AN EXPENDITURE IN VIOLATION OF ANY LAW OF THE UNITED STATES OR  OF
   42  THIS STATE;
   43    (B)  PAYMENTS  OR  ANYTHING OF VALUE GIVEN OR MADE TO THE CANDIDATE, A
   44  RELATIVE OF THE CANDIDATE, OR TO A BUSINESS ENTITY  IN  WHICH  ANY  SUCH
   45  PERSON  HAS  A TEN PERCENT OR GREATER OWNERSHIP INTEREST OR OF WHICH ANY
   46  SUCH PERSON IS AN OFFICER, DIRECTOR OR EMPLOYEE IN EXCESS  OF  THE  FAIR
   47  MARKET  VALUE OF SUCH SERVICES, MATERIALS, FACILITIES OR OTHER THINGS OF
   48  VALUE RECEIVED IN EXCHANGE;
   49    (C) PAYMENT IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES, MATERIALS,
   50  FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
   51    (D) ANY EXPENDITURE MADE AFTER THE  PARTICIPATING  CANDIDATE,  OR  THE
   52  ONLY  REMAINING OPPONENT OF SUCH CANDIDATE, HAS BEEN DISQUALIFIED OR HAD
   53  SUCH CANDIDATE'S PETITIONS DECLARED INVALID BY A BOARD OF ELECTIONS OR A
   54  COURT OF  COMPETENT  JURISDICTION  UNTIL  AND  UNLESS  SUCH  FINDING  IS
   55  REVERSED BY A HIGHER AUTHORITY.
       S. 3502                            12
    1    (E)  ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
    2  DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION,  ACCEPTANCE,
    3  AUTHORIZATION, DECLINATION OR SUBSTITUTION;
    4    (F) EXPENDITURE FOR NONCAMPAIGN RELATED FOOD, DRINK OR ENTERTAINMENT;
    5    (G) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS, OR OTHER PRINTED CAMPAIGN
    6  MATERIALS; AND
    7    (H) CONTRIBUTIONS OR TRANSFERS TO A POLITICAL COMMITTEE.
    8    S  14-210.  OPTIONAL PUBLIC FINANCING. 1. PARTICIPATING CANDIDATES FOR
    9  NOMINATION OR ELECTION IN PRIMARY, GENERAL  AND  SPECIAL  ELECTIONS  MAY
   10  OBTAIN PAYMENT TO A PARTICIPATING COMMITTEE FROM PUBLIC FUNDS FOR QUALI-
   11  FIED  CAMPAIGN  EXPENDITURES.  NO  SUCH  PUBLIC FUNDS SHALL BE PAID TO A
   12  PARTICIPATING COMMITTEE UNTIL THE CANDIDATE HAS QUALIFIED TO  APPEAR  ON
   13  THE  BALLOT  AND  FILED  A SWORN STATEMENT WITH THE FAIR ELECTIONS BOARD
   14  ELECTING TO PARTICIPATE IN THE  OPTIONAL  PUBLIC  FINANCING  SYSTEM  AND
   15  AGREEING TO ABIDE BY THE REQUIREMENTS OF THIS TITLE.  PAYMENTS SHALL NOT
   16  EXCEED  THE  AMOUNTS  SPECIFIED IN THIS TITLE, AND SHALL BE MADE ONLY IN
   17  ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. SUCH PAYMENTS MAY ONLY  BE
   18  MADE  TO  A PARTICIPATING CANDIDATE'S PARTICIPATING COMMITTEE. NO PUBLIC
   19  FUNDS SHALL BE USED EXCEPT AS REIMBURSEMENT  OR  PAYMENT  FOR  QUALIFIED
   20  CAMPAIGN  EXPENDITURES  ACTUALLY AND LAWFULLY INCURRED OR TO REPAY LOANS
   21  USED TO PAY QUALIFIED CAMPAIGN EXPENDITURES.
   22    2. THE PARTICIPATING COMMITTEE OF EACH PARTICIPATING  CANDIDATE  SHALL
   23  BE ENTITLED TO SIX DOLLARS IN PUBLIC FUNDS FOR EACH ONE DOLLAR OF MATCH-
   24  ABLE  CONTRIBUTIONS OBTAINED AND REPORTED TO THE FAIR ELECTIONS BOARD IN
   25  ACCORDANCE WITH THE PROVISIONS OF THIS TITLE,  PROVIDED,  HOWEVER,  SUCH
   26  PUBLIC FUNDS SHALL ONLY BE USED FOR QUALIFIED CAMPAIGN EXPENDITURES.
   27    3.  (A) NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS
   28  UNOPPOSED IN A PRIMARY ELECTION SHALL BE ENTITLED TO  PAYMENT  FROM  THE
   29  FUND FOR QUALIFIED CAMPAIGN EXPENDITURES.
   30    (B)  WHERE THERE IS A CONTEST IN SUCH PRIMARY FOR THE NOMINATION OF AT
   31  LEAST ONE OTHER PARTY FOR SUCH OFFICE, THE PARTICIPATING COMMITTEE OF AN
   32  UNOPPOSED PARTICIPATING CANDIDATE FOR NOMINATION MAY RAISE AND SPEND  AN
   33  AMOUNT EQUAL TO ONE-HALF THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE,
   34  AS  FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
   35  FUNDS, WITH CONTRIBUTIONS OF UP TO TWO THOUSAND DOLLARS PER CONTRIBUTOR.
   36  SUCH PAYMENT CAN ONLY BE EXPENDED FOR PROPERTY, SERVICES  OR  FACILITIES
   37  USED ON OR BEFORE THE DATE OF SUCH PRIMARY ELECTION.
   38    4.  THE  FAIR  ELECTIONS  BOARD  SHALL PROMPTLY EXAMINE ALL REPORTS OF
   39  CONTRIBUTIONS TO  DETERMINE  WHETHER,  ON  THEIR  FACE,  THEY  MEET  THE
   40  REQUIREMENTS  FOR  MATCHABLE  CONTRIBUTIONS,  AND SHALL KEEP A RECORD OF
   41  SUCH CONTRIBUTIONS.
   42    5. THE FAIR ELECTIONS  BOARD  SHALL  PROMULGATE  REGULATIONS  FOR  THE
   43  CERTIFICATION  OF  THE  AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER, FROM
   44  THE FUND ESTABLISHED PURSUANT  TO  SECTION  NINETY-TWO-Y  OF  THE  STATE
   45  FINANCE  LAW, TO A PARTICIPATING CANDIDATE THAT HAS QUALIFIED TO RECEIVE
   46  SUCH PAYMENT. THESE  REGULATIONS  SHALL  INCLUDE  THE  PROMULGATION  AND
   47  DISTRIBUTION  OF FORMS ON WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO BE
   48  REPORTED, THE PERIODS DURING WHICH SUCH REPORTS MUST BE  FILED  AND  THE
   49  VERIFICATION  REQUIRED.  THE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL
   50  MAKE POSSIBLE PAYMENT BY THE FUND WITHIN TWO BUSINESS DAYS AFTER RECEIPT
   51  OF THE REQUIRED FORMS AND VERIFICATIONS.
   52    S 14-212. CONTRIBUTION AND RECEIPT LIMITATIONS. 1.   IN  ANY  PRIMARY,
   53  SPECIAL  OR GENERAL ELECTION FOR ANY STATEWIDE OFFICE, STATE LEGISLATIVE
   54  OFFICE OR CONSTITUTIONAL CONVENTION DELEGATE NO CONTRIBUTOR MAY  MAKE  A
   55  CONTRIBUTION  TO ANY PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S PARTIC-
   56  IPATING COMMITTEE,  AND  NO  PARTICIPATING  CANDIDATE  OR  PARTICIPATING
       S. 3502                            13
    1  COMMITTEE MAY ACCEPT ANY CONTRIBUTION FROM ANY CONTRIBUTOR WHICH, IN THE
    2  AGGREGATE AMOUNT, IS GREATER THAN TWO THOUSAND DOLLARS.
    3    2.  (A) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE
    4  AS FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT  PUBLIC
    5  FUNDS,  A PARTICIPATING CANDIDATE FOR GOVERNOR OR LIEUTENANT GOVERNOR IN
    6  A PRIMARY OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING  COMMIT-
    7  TEE  MAY  ACCEPT  FROM A STATE CONSTITUTED COMMITTEE WHICH HAS NOMINATED
    8  SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE,  DOES  NOT
    9  EXCEED  TWO  MILLION  FIVE  HUNDRED THOUSAND DOLLARS; PROVIDED, HOWEVER,
   10  THAT TWENTY-FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A
   11  TRANSFER.
   12    (B) 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 ATTORNEY GENERAL OR COMPTROLLER  IN
   15  A  PRIMARY OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING COMMIT-
   16  TEE MAY ACCEPT FROM A STATE CONSTITUTED COMMITTEE  WHICH  HAS  NOMINATED
   17  SUCH  CANDIDATE  SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT
   18  EXCEED ONE MILLION DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE  PERCENT
   19  OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
   20    (C)  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 STATE SENATOR IN A PRIMARY, GENERAL
   23  OR  SPECIAL  ELECTION  OR  SUCH  CANDIDATE'S PARTICIPATING COMMITTEE MAY
   24  ACCEPT FROM A STATE  CONSTITUTED  COMMITTEE  WHICH  HAS  NOMINATED  SUCH
   25  CANDIDATE  SERVICES  IN    AN  AMOUNT  WHICH, IN THE AGGREGATE, DOES NOT
   26  EXCEED ONE HUNDRED THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE
   27  PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
   28    (D) 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 MEMBER OF THE ASSEMBLY IN A  PRIMA-
   31  RY,  GENERAL  OR  SPECIAL  ELECTION  OR  SUCH  CANDIDATE'S PARTICIPATING
   32  COMMITTEE MAY ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS  NOMI-
   33  NATED SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES
   34  NOT  EXCEED  FIFTY THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE
   35  PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
   36    (E) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE  AS
   37  FIXED  BY  THIS  TITLE  FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
   38  FUNDS, A PARTICIPATING CANDIDATE FOR DELEGATE AT-LARGE  TO  A  CONSTITU-
   39  TIONAL  CONVENTION IN A GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPAT-
   40  ING COMMITTEE MAY ACCEPT FROM A STATE CONSTITUTED  COMMITTEE  WHICH  HAS
   41  NOMINATED  SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE,
   42  DOES NOT EXCEED FIFTY THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT  TWENTY-
   43  FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
   44    (F)  NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS
   45  FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE  ELECTED  TO  ACCEPT  PUBLIC
   46  FUNDS,  A  PARTICIPATING  CANDIDATE FOR DISTRICT DELEGATE TO A CONSTITU-
   47  TIONAL CONVENTION IN A GENERAL ELECTION OR SUCH CANDIDATE'S  PARTICIPAT-
   48  ING  COMMITTEE  MAY  ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS
   49  NOMINATED SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE  AGGREGATE,
   50  DOES   NOT   EXCEED   TEN  THOUSAND  DOLLARS;  PROVIDED,  HOWEVER,  THAT
   51  TWENTY-FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED  IN  THE  FORM  OF  A
   52  TRANSFER.
   53    (G)  FOR  PURPOSES  OF  THIS  SUBDIVISION,  THE TERM STATE CONSTITUTED
   54  COMMITTEE INCLUDES ANY OF ITS SUBCOMMITTEES.
   55    3. NOTWITHSTANDING ANY PUBLIC FUNDS RECEIPT LIMIT IN THIS SUBDIVISION,
   56  EACH COUNTY COMMITTEE OF ANY  PARTY  WHICH  NOMINATES  A  CANDIDATE  FOR
       S. 3502                            14
    1  STATEWIDE  OFFICE OR STATE LEGISLATIVE OFFICE, INCLUDING WITHIN THE TERM
    2  COUNTY COMMITTEE ANY OF ITS SUBCOMMITTEES, MAY EXPEND IN SUPPORT OF SUCH
    3  PARTY'S CANDIDATES FOR STATEWIDE OFFICE OR STATE LEGISLATIVE OFFICE  WHO
    4  HAS  AGREED TO ACCEPT PUBLIC FINANCING, AN AMOUNT WHICH SHALL NOT EXCEED
    5  THE SUM OF TWO CENTS FOR EACH VOTER REGISTERED IN SUCH COUNTY AS  DETER-
    6  MINED  BY  THE  RECORDS  OF THE APPROPRIATE BOARD OF ELECTIONS AS OF THE
    7  PRECEDING GENERAL ELECTION.
    8    4. IN COMPUTING THE AGGREGATE AMOUNT EXPENDED  FOR  PURPOSES  OF  THIS
    9  SECTION,  EXPENDITURES MADE BY A STATE CONSTITUTED COMMITTEE OR A COUNTY
   10  COMMITTEE IN SUPPORT OF MORE THAN ONE CANDIDATE SHALL BE ALLOCATED AMONG
   11  SUCH CANDIDATES SUPPORTED BY THE COMMITTEE IN ACCORDANCE  WITH  FORMULAS
   12  PROMULGATED BY THE FAIR ELECTIONS BOARD OR, IN THE ABSENCE OF SUCH OFFI-
   13  CIAL FORMULAS, IN ACCORDANCE WITH A FORMULA BASED UPON REASONABLE STAND-
   14  ARDS.  THE  STATEMENTS FILED BY SUCH CONSTITUTED COMMITTEE IN ACCORDANCE
   15  WITH THIS CHAPTER SHALL SET FORTH, IN ADDITION TO THE OTHER  INFORMATION
   16  REQUIRED,  THE TOTAL AMOUNT EXPENDED BY THE PARTY COMMITTEE ON BEHALF OF
   17  ALL SUCH CANDIDATES AND THE AMOUNT ALLOCATED TO EACH CANDIDATE BY DOLLAR
   18  AMOUNT AND PERCENTAGE.  EXPENDITURES BY A PARTY FOR ACTIVITIES WHICH  DO
   19  NOT  SUPPORT  OR  OPPOSE  THE ELECTION OF ANY CANDIDATE OR CANDIDATES BY
   20  NAME OR BY CLEAR INFERENCE SHALL NOT  BE  REGARDED  AS  EXPENDITURES  ON
   21  BEHALF OF OR IN OPPOSITION TO A CANDIDATE.
   22    5.  A  PARTICIPATING  CANDIDATE  FOR  A PUBLIC OFFICE FOR WHICH PUBLIC
   23  FUNDS ARE AVAILABLE PURSUANT TO THIS TITLE SHALL NOT ACCEPT ANY CONTRIB-
   24  UTIONS ANY EARLIER THAN ONE DAY AFTER THE PREVIOUS GENERAL ELECTION  FOR
   25  THE OFFICE WHICH SUCH CANDIDATE IS SEEKING, OR ANY LATER THAN THE DAY OF
   26  THE  GENERAL ELECTION FOR THE OFFICE SOUGHT, EXCEPT THAT A PARTICIPATING
   27  CANDIDATE OR PARTICIPATING COMMITTEE WHICH HAS A DEFICIT ON THE  DAY  OF
   28  THE GENERAL ELECTION MAY, AFTER SUCH DATE, ACCEPT CONTRIBUTIONS WHICH DO
   29  NOT EXCEED THE AMOUNT OF SUCH DEFICIT AND THE EXPENSES INCURRED IN RAIS-
   30  ING SUCH CONTRIBUTIONS OR THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED
   31  BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS.
   32    6.  EXCEPT FOR THE LIMITATIONS SPECIFICALLY SET FORTH IN THIS SECTION,
   33  PARTICIPATING CANDIDATES SHALL BE SUBJECT  TO  THE  PROVISIONS  OF  THIS
   34  ARTICLE.
   35    S  14-214.  LIMITATIONS ON THE RECEIPT OF PUBLIC FUNDS.  THE FOLLOWING
   36  LIMITATIONS APPLY TO THE TOTAL  AMOUNT  OF  PUBLIC  FUNDS  THAT  MAY  BE
   37  PROVIDED  TO  A  PARTICIPATING  CANDIDATE'S  AUTHORIZED COMMITTEE FOR AN
   38  ELECTION CYCLE:
   39    1. IN ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS  BY  PARTICIPATING
   40  CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
   41    (I) FOR GOVERNOR, THE SUM OF NINE MILLION DOLLARS;
   42    (II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
   43  OF SIX MILLION DOLLARS;
   44    (III) FOR SENATOR, THE SUM OF THREE HUNDRED FIFTY THOUSAND DOLLARS;
   45    (IV) FOR MEMBER OF THE ASSEMBLY, THE SUM OF ONE HUNDRED FIFTY THOUSAND
   46  DOLLARS;
   47    (V)  FOR  AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION, THE SUM OF
   48  ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS;
   49    (VI) FOR DISTRICT DELEGATES TO A CONSTITUTIONAL CONVENTION, THE SUM OF
   50  FIFTY THOUSAND DOLLARS;
   51    2. IN ANY GENERAL OR SPECIAL ELECTION,  RECEIPT  OF  PUBLIC  FUNDS  BY
   52  PARTICIPATING  CANDIDATES FOR THE FOLLOWING OFFICES AND BY THEIR PARTIC-
   53  IPATING COMMITTEES SHALL NOT EXCEED THE FOLLOWING AMOUNTS:
   54    CANDIDATES FOR ELECTION TO THE OFFICE OF:
   55    GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED)                $12,000,000
   56    ATTORNEY GENERAL                                           $8,000,000
       S. 3502                            15
    1    COMPTROLLER                                                $8,000,000
    2    MEMBER OF SENATE                                           $400,000
    3    MEMBER OF ASSEMBLY                                         $200,000
    4    DELEGATE AT-LARGE TO A CONSTITUTIONAL CONVENTION           $350,000
    5    DISTRICT DELEGATE TO A CONSTITUTIONAL CONVENTION           $75,000
    6    3. PARTICIPATING CANDIDATES FOR OFFICE WHO ARE UNOPPOSED IN THE PRIMA-
    7  RY  ELECTION  MAY  RECEIVE PUBLIC FUNDS BEFORE THE PRIMARY ELECTION, FOR
    8  SERVICES, MATERIALS OR FACILITIES USED ON OR BEFORE  THE  DATE  OF  SUCH
    9  PRIMARY  ELECTION, AN AMOUNT EQUAL TO HALF THE SUM SUCH CANDIDATES WOULD
   10  BE ENTITLED TO RECEIVE IF THEIR NOMINATION WAS CONTESTED IN SUCH PRIMARY
   11  ELECTION PROVIDED THERE IS A PRIMARY CONTEST FOR THE  NOMINATION  OF  AT
   12  LEAST ONE OTHER PARTY FOR SUCH OFFICE.
   13    4.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE AMOUNT OF
   14  PRIVATE FUNDS A PARTICIPATING  CANDIDATE  MAY  RECEIVE  SUBJECT  TO  THE
   15  CONTRIBUTION LIMITS CONTAINED IN SECTION 14-212 OF THIS TITLE.
   16    5.  AT  THE  BEGINNING OF EACH SECOND CALENDAR YEAR, COMMENCING IN TWO
   17  THOUSAND  SEVENTEEN,  THE  FAIR  ELECTIONS  BOARD  SHALL  DETERMINE  THE
   18  PERCENTAGE  OF  THE DIFFERENCE BETWEEN THE MOST RECENT AVAILABLE MONTHLY
   19  CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS PUBLISHED BY THE THE UNITED
   20  STATES  BUREAU  OF  LABOR  STATISTICS  AND  SUCH  CONSUMER  PRICE  INDEX
   21  PUBLISHED  FOR  THE SAME MONTH FOUR YEARS PREVIOUSLY. THE AMOUNT OF EACH
   22  PUBLIC FUNDS RECEIPT LIMITATION FIXED IN THIS SECTION SHALL BE  ADJUSTED
   23  BY  THE  AMOUNT OF SUCH PERCENTAGE DIFFERENCE TO THE CLOSEST ONE HUNDRED
   24  DOLLARS BY THE STATE BOARD WHICH, NOT LATER THAN THE FIRST DAY OF FEBRU-
   25  ARY IN EACH SUCH YEAR, SHALL ISSUE A REGULATION PUBLISHING THE AMOUNT OF
   26  EACH SUCH CONTRIBUTION LIMIT. EACH  PUBLIC  FUND  RECEIPT  LIMIT  AS  SO
   27  ADJUSTED  SHALL  BE  THE  PUBLIC  FUNDS  RECEIPT LIMIT IN EFFECT FOR ANY
   28  ELECTION HELD BEFORE THE NEXT SUCH ADJUSTMENT.
   29    S 14-216. FAIR ELECTIONS BOARD; GENERAL POWERS AND DUTIES. 1.    THERE
   30  SHALL  BE A BOARD WITHIN THE STATE BOARD OF ELECTIONS KNOWN AS THE "FAIR
   31  ELECTIONS BOARD" COMPOSED OF FIVE MEMBERS, OF WHICH ONE MEMBER SHALL  BE
   32  APPOINTED  BY  THE  GOVERNOR  AND  ONE MEMBER SHALL BE APPOINTED BY EACH
   33  LEGISLATIVE LEADER OF THE SENATE AND ASSEMBLY.   NO MEMBER OF  THE  FAIR
   34  ELECTIONS  BOARD  SHALL  HOLD ELECTIVE OFFICE, NOR SHALL ANY MEMBER BE A
   35  LOBBYIST AS DEFINED IN SUBDIVISION (A) OF SECTION ONE-C OF THE  LEGISLA-
   36  TIVE LAW. THE CHAIR SHALL BE RESPONSIBLE FOR MANAGING THE FAIR ELECTIONS
   37  BOARD. THE MEMBERS SHALL EACH SERVE FOR A TERM OF FOUR YEARS.
   38    2.  THE MEMBERS OF THE FAIR ELECTIONS BOARD SHALL DESIGNATE THE CHAIR-
   39  MAN  OF  THE  FAIR  ELECTIONS  BOARD FROM AMONG THE MEMBERS THEREOF, WHO
   40  SHALL SERVE AS CHAIRMAN AT THE PLEASURE  OF  THE  MEMBERS  OF  THE  FAIR
   41  ELECTIONS BOARD. THE CHAIRMAN OR ANY THREE MEMBERS OF THE FAIR ELECTIONS
   42  BOARD MAY CALL A MEETING.
   43    3.  EACH  MEMBER'S  TERM SHALL COMMENCE ON JANUARY FIRST, TWO THOUSAND
   44  SIXTEEN. IN CASE OF A VACANCY IN THE OFFICE OF A MEMBER, A MEMBER  SHALL
   45  BE  APPOINTED  ACCORDING  TO  THE  ORIGINAL  MANNER OF APPOINTMENT. EACH
   46  MEMBER SHALL BE A RESIDENT OF THE STATE OF NEW YORK  AND  REGISTERED  TO
   47  VOTE  THEREIN.  EACH  MEMBER  SHALL AGREE NOT TO MAKE AND SHALL NOT MAKE
   48  CONTRIBUTIONS TO ANY CANDIDATE OR AUTHORIZED  COMMITTEE  FOR  NOMINATION
   49  FOR  ELECTION.  NO MEMBER SHALL SERVE AS AN OFFICER OF A POLITICAL PARTY
   50  OR COMMITTEE OR BE A CANDIDATE OR  PARTICIPATE  IN  ANY  CAPACITY  IN  A
   51  CAMPAIGN  BY  A  CANDIDATE  FOR  NOMINATION  FOR ELECTION. AN OFFICER OR
   52  EMPLOYEE OF THE STATE OR ANY STATE AGENCY SHALL NOT BE ELIGIBLE TO BE  A
   53  MEMBER OF THE FAIR ELECTIONS BOARD.
   54    4.  THE  MEMBERS  OF  THE  FAIR  ELECTIONS  BOARD SHALL BE ENTITLED TO
   55  RECEIVE PAYMENT FOR  ACTUAL  AND  NECESSARY  EXPENSES  INCURRED  IN  THE
   56  PERFORMANCE OF THEIR DUTIES AS MEMBERS OF SUCH BOARD.
       S. 3502                            16
    1    5.  A  MEMBER  OF THE FAIR ELECTIONS BOARD MAY BE REMOVED FOR CAUSE BY
    2  THE APPOINTING AUTHORITY UPON NOTICE AND AN OPPORTUNITY FOR A HEARING.
    3    6.    THE FAIR ELECTIONS BOARD SHALL APPOINT A COUNSEL, A DEPUTY COUN-
    4  SEL, WHO SHALL BE A MEMBER OF A DIFFERENT MAJOR POLITICAL PARTY THAN THE
    5  COUNSEL, A SPECIAL COUNSEL, A DEPUTY SPECIAL COUNSEL,  WHO  SHALL  BE  A
    6  MEMBER  OF A DIFFERENT MAJOR POLITICAL PARTY THAN THE SPECIAL COUNSEL, A
    7  DIRECTOR OF PUBLIC INFORMATION, A DEPUTY DIRECTOR OF PUBLIC INFORMATION,
    8  WHO SHALL BE A MEMBER OF A DIFFERENT  MAJOR  POLITICAL  PARTY  THAN  THE
    9  DIRECTOR  OF  PUBLIC INFORMATION.   THE FAIR ELECTIONS BOARD MAY UTILIZE
   10  EXISTING STAFF OF THE STATE BOARD OF ELECTIONS AS MAY BE NECESSARY,  AND
   11  MAKE  NECESSARY  EXPENDITURES SUBJECT TO APPROPRIATION, PROVIDED HOWEVER
   12  THAT THE COUNSEL, IN CONSULTATION WITH THE FAIR ELECTIONS  BOARD,  SHALL
   13  HAVE  THE AUTHORITY TO HIRE AT LEAST FOUR NEW FAIR ELECTIONS BOARD STAFF
   14  MEMBERS. SUCH FAIR ELECTIONS BOARD STAFF MEMBERS SHALL BE  DEDICATED  TO
   15  TRAINING  AND  ASSISTING  PARTICIPATING CANDIDATES IN COMPLYING WITH THE
   16  REQUIREMENTS OF OPTIONAL PUBLIC FINANCING AS  PROVIDED  FOR  UNDER  THIS
   17  TITLE.  THE  FAIR ELECTIONS BOARD SHALL RETAIN AN INDEPENDENT AUDITOR TO
   18  PERFORM ONGOING AUDITS OF EACH COVERED ELECTION BY CONTRACT ENTERED INTO
   19  PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW.
   20    7. THE COUNSEL AND THE SPECIAL COUNSEL SHALL EACH SERVE A TERM OF FOUR
   21  YEARS AND MAY ONLY BE REMOVED FOR CAUSE. ANY TIME  AFTER  THE  EFFECTIVE
   22  DATE  OF  THIS  SECTION, THE MEMBERS, OR IN THE CASE OF A VACANCY ON THE
   23  FAIR ELECTIONS BOARD, THE MEMBERS, OF EACH OF THE SAME  MAJOR  POLITICAL
   24  PARTY AS THE INCUMBENT COUNSEL, DEPUTY COUNSEL, SHALL APPOINT SUCH COUN-
   25  SELS,  AND  DEPUTIES. ANY VACANCY IN THE OFFICE OF COUNSEL, DEPUTY COUN-
   26  SEL, SPECIAL COUNSEL, SPECIAL DEPUTY COUNSEL, DIRECTOR OF PUBLIC  INFOR-
   27  MATION  AND DEPUTY DIRECTOR OF PUBLIC INFORMATION SHALL BE FILLED BY THE
   28  MEMBERS OF THE FAIR ELECTIONS BOARD OR IN THE CASE OF A VACANCY  ON  THE
   29  BOARD,  THE  MEMBERS  OF  THE SAME MAJOR POLITICAL PARTY AS THE VACATING
   30  INCUMBENT FOR THE REMAINING PERIOD OF THE TERM OF SUCH  VACATING  INCUM-
   31  BENT.
   32    8. THE FAIR ELECTIONS BOARD SHALL:
   33    (A)(I)  RENDER  ADVISORY  OPINIONS  WITH  RESPECT TO QUESTIONS ARISING
   34  UNDER THIS ARTICLE UPON THE WRITTEN REQUEST OF A CANDIDATE,  AN  OFFICER
   35  OF A POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITI-
   36  ATIVE;  (II)  PROMULGATE  RULES REGARDING REASONABLE TIMES TO RESPOND TO
   37  SUCH REQUESTS; AND (III) MAKE PUBLIC THE QUESTIONS OF INTERPRETATION FOR
   38  WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE FAIR  ELECTIONS  BOARD
   39  AND ITS ADVISORY OPINIONS, INCLUDING BY PUBLICATION ON ITS WEBSITE;
   40    (B)  DEVELOP  A  PROGRAM FOR INFORMING AND TRAINING CANDIDATES AND THE
   41  PUBLIC AS TO THE PURPOSE AND EFFECT OF THE  PROVISIONS  OF  THIS  TITLE,
   42  INCLUDING BY MEANS OF A WEBSITE;
   43    (C)  HAVE  THE  AUTHORITY TO PROMULGATE SUCH RULES AND REGULATIONS AND
   44  PRESCRIBE SUCH FORMS AS THE FAIR ELECTIONS BOARD DEEMS NECESSARY FOR THE
   45  ADMINISTRATION OF THIS TITLE; AND
   46    (D) IN CONJUNCTION WITH THE STATE BOARD OF ELECTIONS DEVELOP AN INTER-
   47  ACTIVE, SEARCHABLE COMPUTER DATABASE THAT SHALL CONTAIN ALL  INFORMATION
   48  NECESSARY FOR THE PROPER ADMINISTRATION OF THIS TITLE INCLUDING INFORMA-
   49  TION  ON  CONTRIBUTIONS  TO  AND  EXPENDITURES  BY  CANDIDATES AND THEIR
   50  AUTHORIZED COMMITTEES AND DISTRIBUTIONS OF  MONEYS  FROM  THE  FUND  AND
   51  SHALL  BE  ACCESSIBLE  TO  THE  PUBLIC  ON THE STATE BOARD OF ELECTIONS'
   52  WEBSITE.
   53    9. CONSISTENT WITH THE PROVISIONS OF THE CIVIL SERVICE LAW AND  SUBDI-
   54  VISION  SEVENTEEN  OF  SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW,
   55  AND NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, ALL
   56  POSITIONS ON THE STAFF OF THE FAIR ELECTIONS BOARD SHALL  BE  CLASSIFIED
       S. 3502                            17
    1  IN  THE  EXEMPT  CLASS  OF THE CIVIL SERVICE AND SUCH POSITIONS SHALL BE
    2  FILLED, TO THE EXTENT POSSIBLE, WITH AN EQUAL  NUMBER  OF  PERSONS  FROM
    3  EACH  OF  THE  TWO  POLITICAL PARTIES FOR WHICH THE HIGHEST AND THE NEXT
    4  HIGHEST NUMBER OF VOTES WERE CAST FOR THE OFFICE OF STATE COMPTROLLER AT
    5  THE LAST PRECEDING GENERAL ELECTION FOR SUCH OFFICE.
    6    10.  THE  FAIR  ELECTIONS  BOARD'S ADMINISTRATION OF THE FUND SHALL BE
    7  GOVERNED BY THE PROVISIONS OF THIS TITLE AND SECTION NINETY-TWO-Y OF THE
    8  STATE FINANCE LAW.
    9    11. THE FAIR ELECTIONS BOARD AND ITS PROCEEDINGS SHALL BE GOVERNED  BY
   10  THE  STATE  ADMINISTRATIVE PROCEDURE ACT AND SUBJECT TO ARTICLES SIX AND
   11  SEVEN OF THE PUBLIC OFFICERS LAW.
   12    12.  FOR THE PURPOSES OF MEETINGS, THREE COMMISSIONERS  SHALL  CONSTI-
   13  TUTE  A  QUORUM.  THE  AFFIRMATIVE  VOTE OF THREE COMMISSIONERS SHALL BE
   14  REQUIRED FOR ANY ACTION OF THE FAIR ELECTIONS BOARD.
   15    13. THE FAIR ELECTIONS BOARD MAY TAKE SUCH OTHER ACTIONS AS ARE NECES-
   16  SARY AND PROPER TO CARRY OUT THE PURPOSES OF THIS TITLE.
   17    S 14-218. EXAMINATIONS AND AUDITS. 1. THE  FAIR  ELECTIONS  BOARD  MAY
   18  CONDUCT  A  THOROUGH  EXAMINATION AND PRE-ELECTION AUDIT OF THE CONTRIB-
   19  UTIONS AND QUALIFIED CAMPAIGN EXPENSES OF THE PARTICIPATING COMMITTEE OF
   20  EVERY PARTICIPATING CANDIDATE WHO RECEIVED PAYMENTS PURSUANT TO  SECTION
   21  14-210  OF  THIS TITLE.  SUCH AUDITS SHALL BE CONDUCTED AS FREQUENTLY AS
   22  THE FAIR ELECTIONS BOARD DEEMS NECESSARY TO ENSURE COMPLIANCE WITH  THIS
   23  TITLE.  THE  FAIR  ELECTIONS  BOARD SHALL NOTIFY, IN WRITING, ANY CANDI-
   24  DATE'S AUTHORIZED COMMITTEE PRIOR TO THE COMMENCEMENT OF SUCH  PRE-ELEC-
   25  TION  AUDIT.  NO PRE-ELECTION AUDIT SHALL COMMENCE IN THE ABSENCE OF THE
   26  NOTICE REQUIREMENT OF THIS SUBDIVISION.   EVERY CANDIDATE  WHO  RECEIVES
   27  PUBLIC MATCHING FUNDS UNDER THIS TITLE SHALL ALSO BE AUDITED BY THE FAIR
   28  ELECTIONS  BOARD  POST-ELECTION. THE COST OF COMPLYING WITH A POST-ELEC-
   29  TION AUDIT SHALL BE BORNE BY THE  CANDIDATE'S  AUTHORIZED  COMMITTEE.  A
   30  CANDIDATE  WHO  HAS RECEIVED PUBLIC MATCHING FUNDS UNDER THIS TITLE MUST
   31  MAINTAIN A RESERVE OF AT LEAST ONE PERCENT OF THE TOTAL AMOUNT OF MATCH-
   32  ING FUNDS RECEIVED BY SUCH CANDIDATE IN HIS OR HER CAMPAIGN  ACCOUNT  TO
   33  COMPLY  WITH  THE  POST-ELECTION  AUDIT.  A CANDIDATE WHO RUNS IN BOTH A
   34  PRIMARY AND A GENERAL ELECTION, MUST MAINTAIN A RESERVE OF  ONE  PERCENT
   35  OF  THE TOTAL AMOUNT OF PUBLIC MATCHING FUNDS RECEIVED BY SUCH CANDIDATE
   36  FOR BOTH HIS OR HER PRIMARY AND GENERAL ELECTION. A  CANDIDATE  MAY  USE
   37  PUBLIC  MATCHING  FUNDS,  PRIVATE  FUNDS  OR A COMBINATION OF PUBLIC AND
   38  PRIVATE FUNDS TO COMPLY WITH A POST-ELECTION AUDIT. THE  FAIR  ELECTIONS
   39  BOARD SHALL ISSUE TO EACH CAMPAIGN AUDITED THE FINAL POST-ELECTION AUDIT
   40  REPORT  THAT  DETAILS  ITS  FINDINGS AND SHALL PROVIDE SUCH AUDIT TO THE
   41  GOVERNOR AND LEGISLATIVE LEADERS AND MAKE SUCH AUDIT REPORT AVAILABLE ON
   42  THE STATE BOARD  OF  ELECTIONS'  WEBSITE.    FINAL  POST-ELECTION  AUDIT
   43  REPORTS SHALL BE COMPLETED NO LATER THAN TWELVE MONTHS AFTER THE DATE OF
   44  THE ELECTION OR ELECTIONS FOR WHICH THE CANDIDATE RECEIVED PUBLIC FUNDS.
   45  THIS  AUDIT  DEADLINE SHALL NOT APPLY IN CASES INVOLVING POTENTIAL CAMP-
   46  AIGN-RELATED FRAUD, KNOWING AND WILLFUL VIOLATIONS OF  THIS  ARTICLE  OR
   47  CRIMINAL ACTIVITY.
   48    2.  (A) IF THE FAIR ELECTIONS BOARD DETERMINES THAT ANY PORTION OF THE
   49  PAYMENT MADE TO A PARTICIPATING COMMITTEE FROM THE FUND WAS IN EXCESS OF
   50  THE AGGREGATE AMOUNT OF PAYMENTS TO WHICH SUCH  ELIGIBLE  CANDIDATE  WAS
   51  ENTITLED  PURSUANT TO SECTION 14-210 OF THIS TITLE, IT SHALL NOTIFY SUCH
   52  COMMITTEE OF THE EXCESS AMOUNT AND SUCH COMMITTEE SHALL PAY TO THE  FAIR
   53  ELECTIONS  BOARD  AN  AMOUNT  EQUAL  TO  THE  AMOUNT OF EXCESS PAYMENTS;
   54  PROVIDED, HOWEVER, THAT IF THE ERRONEOUS PAYMENT WAS  DUE  TO  AN  ERROR
   55  MADE  BY  THE  FAIR  ELECTIONS BOARD, THEN THE ERRONEOUS PAYMENT WILL BE
   56  OFFSET AGAINST ANY FUTURE PAYMENT, IF ANY.  THE PARTICIPATING  COMMITTEE
       S. 3502                            18
    1  SHALL  BE  LIABLE FOR ANY REPAYMENTS DUE TO THE FAIR ELECTIONS BOARD FOR
    2  DEPOSIT BY SUCH BOARD INTO THE NEW YORK STATE CAMPAIGN FUND.
    3    (B)  IF  THE  BOARD  DETERMINES  THAT  ANY AMOUNT OF PAYMENT MADE TO A
    4  PARTICIPATING COMMITTEE FROM THE FUND WAS USED FOR PURPOSES  OTHER  THAN
    5  TO  DEFRAY QUALIFIED CAMPAIGN EXPENSES, IT SHALL NOTIFY SUCH PARTICIPAT-
    6  ING COMMITTEE OF THE AMOUNT DISQUALIFIED AND SUCH PARTICIPATING  COMMIT-
    7  TEE  SHALL  PAY  TO  THE  FAIR  ELECTIONS  BOARD AN AMOUNT EQUAL TO SUCH
    8  DISQUALIFIED AMOUNT.  SUCH MONIES SHALL BE DEPOSITED INTO THE  NEW  YORK
    9  STATE  FAIR  ELECTIONS  FUND CREATED PURSUANT TO SECTION NINETY-TWO-Y OF
   10  THE STATE FINANCE LAW.  THE CANDIDATE'S AUTHORIZED  COMMITTEE  SHALL  BE
   11  LIABLE FOR ANY REPAYMENTS DUE TO THE FAIR ELECTIONS BOARD.
   12    (C)  IF THE TOTAL OF CONTRIBUTIONS AND PAYMENTS FROM THE FUND RECEIVED
   13  BY  ANY  PARTICIPATING  CANDIDATE  AND  SUCH  CANDIDATE'S  PARTICIPATING
   14  COMMITTEE,  EXCEEDS THE PUBLIC FUNDING RECEIPT LIMITATION OF SUCH CANDI-
   15  DATE AND COMMITTEE, SUCH CANDIDATE AND COMMITTEE SHALL USE  SUCH  EXCESS
   16  FUNDS TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH COMMITTEE FROM
   17  THE  FUND NOT LATER THAN TEN DAYS AFTER ALL PERMISSIBLE LIABILITIES HAVE
   18  BEEN PAID AND IN ANY EVENT, NOT LATER THAN TWENTY DAYS AFTER THE DATE ON
   19  WHICH THE FAIR ELECTIONS BOARD ISSUES ITS FINAL  AUDIT  REPORT  FOR  THE
   20  PARTICIPATING CANDIDATE'S COMMITTEE; PROVIDED, HOWEVER, THAT ALL UNSPENT
   21  MATCHING  FUNDS  FOR  A PARTICIPATING CANDIDATE SHALL BE IMMEDIATELY DUE
   22  AND PAYABLE TO THE FAIR ELECTIONS BOARD FOR DEPOSIT INTO  THE  NEW  YORK
   23  STATE  FAIR  ELECTIONS  FUND UPON ITS DETERMINATION THAT THE PARTICIPANT
   24  WILLFULLY DELAYED  THE  POST-ELECTION  AUDIT  PROCESS.  A  PARTICIPATING
   25  CANDIDATE  MAY  MAKE  POST-ELECTION EXPENDITURES ONLY FOR ROUTINE ACTIV-
   26  ITIES INVOLVING NOMINAL COSTS ASSOCIATED  WITH  ENDING  A  CAMPAIGN  AND
   27  RESPONDING  TO THE POST-ELECTION AUDIT. NOTHING IN THIS SECTION SHALL BE
   28  CONSTRUED TO PROHIBIT THE POST-ELECTION EXPENDITURE OF PUBLIC FUNDS  FOR
   29  DEBTS  INCURRED DURING THE CAMPAIGN FOR WHICH PUBLIC FUNDS WERE ELIGIBLE
   30  TO BE USED.
   31    3. IF A COURT OF COMPETENT JURISDICTION DISQUALIFIES A CANDIDATE WHOSE
   32  PARTICIPATING COMMITTEE HAS RECEIVED PUBLIC FUNDS ON  THE  GROUNDS  THAT
   33  SUCH  CANDIDATE  COMMITTED FRAUDULENT ACTS IN ORDER TO OBTAIN A PLACE ON
   34  THE BALLOT AND SUCH DECISION IS NOT REVERSED BY  A  HIGHER  COURT,  SUCH
   35  CANDIDATE  AND SUCH CANDIDATE'S PARTICIPATING COMMITTEE SHALL PAY TO THE
   36  FAIR ELECTIONS BOARD AN AMOUNT  EQUAL  TO  THE  TOTAL  OF  PUBLIC  FUNDS
   37  RECEIVED BY SUCH PARTICIPATING COMMITTEE.
   38    4.  THE  BOARD  MUST PROVIDE WRITTEN NOTICE OF ALL PAYMENTS DUE FROM A
   39  PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE TO THE  BOARD  AND
   40  PROVIDE AN OPPORTUNITY FOR THE CANDIDATE OR COMMITTEE TO REBUT, IN WHOLE
   41  OR  IN  PART, THE ALLEGED AMOUNT DUE. UPON A FINAL WRITTEN DETERMINATION
   42  BY THE BOARD, THE AMOUNT DUE SHALL BE PAID TO THE  BOARD  WITHIN  THIRTY
   43  DAYS OF SUCH DETERMINATION.
   44    5.  ALL  PAYMENTS RECEIVED BY THE BOARD PURSUANT TO THIS SECTION SHALL
   45  BE DEPOSITED IN THE NEW YORK STATE FAIR ELECTIONS  FUND  ESTABLISHED  BY
   46  SECTION NINETY-TWO-Y OF THE STATE FINANCE LAW.
   47    6.  ANY  ADVICE PROVIDED BY THE STAFF OR MEMBERS OF THE FAIR ELECTIONS
   48  BOARD TO A PARTICIPATING OR NON-PARTICIPATING  CANDIDATE  IN  CONNECTION
   49  WITH  ANY  ACTION  UNDER  THIS  ARTICLE, WHEN RELIED UPON IN GOOD FAITH,
   50  SHALL BE PRESUMPTIVE EVIDENCE THAT SUCH CANDIDATE OR HIS OR HER  COMMIT-
   51  TEE DID NOT KNOWINGLY AND WILLFULLY VIOLATE THE PROVISIONS OF THIS ARTI-
   52  CLE.
   53    S 14-220. CIVIL ENFORCEMENT. 1. ANY PERSON OR AUTHORIZED COMMITTEE WHO
   54  KNOWINGLY AND WILFULLY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS
   55  OF  THIS  TITLE  SHALL  BE  SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THE
   56  AMOUNT OF FIVE THOUSAND DOLLARS.
       S. 3502                            19
    1    2. ANY PERSON OR AUTHORIZED COMMITTEE WHO KNOWINGLY AND  INTENTIONALLY
    2  VIOLATES ANY OTHER PROVISION OF THIS TITLE OR ANY RULE PROMULGATED HERE-
    3  UNDER  SHALL  BE  SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THE AMOUNT OF
    4  TEN THOUSAND DOLLARS.
    5    3.  FINES  AUTHORIZED  UNDER  THIS SECTION WILL BE IMPOSED BY THE FAIR
    6  ELECTIONS BOARD AFTER A HEARING AT WHICH THE SUBJECT PERSON  OR  AUTHOR-
    7  IZED  COMMITTEE  SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD. SUCH HEARING
    8  SHALL BE HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY  BE  PRESCRIBED
    9  BY  THE  RULES  OF  THE FAIR ELECTIONS BOARD. FOR PURPOSES OF CONDUCTING
   10  SUCH HEARINGS, THE FAIR ELECTIONS BOARD SHALL BE DEEMED TO BE AN  AGENCY
   11  WITHIN  THE  MEANING OF ARTICLE THREE OF THE STATE ADMINISTRATIVE PROCE-
   12  DURE ACT AND SHALL ADOPT RULES GOVERNING  THE  CONDUCT  OF  ADJUDICATORY
   13  PROCEEDINGS  AND  APPEALS TAKEN PURSUANT TO A PROCEEDING COMMENCED UNDER
   14  ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND  RULES  RELATING  TO
   15  THE ASSESSMENT OF THE CIVIL PENALTIES HEREIN AUTHORIZED.
   16    4.  THE  FAIR  ELECTIONS  BOARD  SHALL  PUBLISH  ON THE STATE BOARD OF
   17  ELECTIONS' WEBSITE THE  FINAL  ORDER  ADJUDICATING  ANY  MATTER  BROUGHT
   18  PURSUANT TO THIS SECTION.
   19    5.  ALL PAYMENTS RECEIVED BY THE FAIR ELECTIONS BOARD PURSUANT TO THIS
   20  SECTION SHALL BE DEPOSITED IN THE NEW YORK  STATE  FAIR  ELECTIONS  FUND
   21  ESTABLISHED BY SECTION NINETY-TWO-Y OF THE STATE FINANCE LAW.
   22    S 14-222. CRIMINAL PENALTIES. 1. ANY PERSON WHO KNOWINGLY AND WILLFUL-
   23  LY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS OF THIS TITLE WITH-
   24  IN  TEN  DAYS AFTER THE DATE PROVIDED FOR SUCH, OR ANYONE THAT KNOWINGLY
   25  AND WILLFULLY VIOLATES ANY OTHER PROVISION OF THIS TITLE SHALL BE GUILTY
   26  OF A MISDEMEANOR AND, IN ADDITION TO SUCH  OTHER  PENALTIES  AS  MAY  BE
   27  PROVIDED  BY LAW, SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT OF
   28  TEN THOUSAND DOLLARS.
   29    2. ANY PERSON WHO KNOWINGLY AND WILLFULLY CONTRIBUTES, ACCEPTS OR AIDS
   30  OR PARTICIPATES IN THE CONTRIBUTION OR ACCEPTANCE OF A  CONTRIBUTION  IN
   31  AN  AMOUNT  EXCEEDING  AN  APPLICABLE  MAXIMUM SPECIFIED IN THIS ARTICLE
   32  SHALL BE GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A FINE  NOT  TO
   33  EXCEED THE AMOUNT OF TEN THOUSAND DOLLARS.
   34    3.  ANY  PERSON WHO KNOWINGLY AND WILLFULLY MAKES A FALSE STATEMENT OR
   35  KNOWINGLY OMITS A MATERIAL FACT TO THE FAIR ELECTIONS BOARD OR AN  AUDI-
   36  TOR  DESIGNATED  BY  THE FAIR ELECTIONS BOARD DURING ANY AUDIT CONDUCTED
   37  PURSUANT TO SECTION 14-218 OF THIS TITLE SHALL BE GUILTY OF  A  CLASS  E
   38  FELONY.
   39    4.  IN  ADDITION TO ANY OTHER SENTENCE LAWFULLY IMPOSED UPON A FINDING
   40  OF GUILT IN A CRIMINAL PROSECUTION COMMENCED PURSUANT TO THE  PROVISIONS
   41  OF  THIS  SECTION,  THE COURT MAY ORDER A DEFENDANT TO REPAY TO THE FAIR
   42  ELECTIONS BOARD ANY PUBLIC MATCHING FUNDS OBTAINED AS A  RESULT  OF  ANY
   43  CRIMINAL CONDUCT.
   44    5.  ALL  SUCH PROSECUTIONS FOR CRIMINAL ACTS UNDER THIS TITLE SHALL BE
   45  PROSECUTED BY THE ATTORNEY GENERAL OF THE STATE OF NEW YORK.
   46    6. ANY AND ALL FINES IMPOSED PURSUANT TO THIS SECTION  SHALL  BE  MADE
   47  PAYABLE  TO THE FAIR ELECTIONS BOARD FOR DEPOSIT INTO THE NEW YORK STATE
   48  FAIR ELECTIONS FUND.
   49    S 14-224. REPORTS. THE FAIR ELECTIONS BOARD SHALL SUBMIT A  REPORT  TO
   50  THE  GOVERNOR  AND  LEGISLATIVE LEADERS ON OR BEFORE FEBRUARY FIRST, TWO
   51  THOUSAND  SEVENTEEN,  AND  EVERY  FOUR  YEARS  THEREAFTER,  WHICH  SHALL
   52  INCLUDE:
   53    1.  A  LIST  OF  THE  PARTICIPATING AND NONPARTICIPATING CANDIDATES IN
   54  COVERED ELECTIONS AND THE VOTES RECEIVED  BY  EACH  CANDIDATE  IN  THOSE
   55  ELECTIONS;
       S. 3502                            20
    1    2.  THE  AMOUNT  OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES
    2  MADE, ON BEHALF OF PARTICIPATING AND NONPARTICIPATING CANDIDATES;
    3    3.  THE  AMOUNT  OF PUBLIC MATCHING FUNDS EACH PARTICIPATING CANDIDATE
    4  RECEIVED, SPENT, AND REPAID PURSUANT TO THIS ARTICLE;
    5    4. ANALYSIS OF THE EFFECT OF THIS TITLE ON THE ELECTION CAMPAIGNS  FOR
    6  ALL  OFFICES  COVERED  UNDER SECTION 14-206 OF THIS TITLE, INCLUDING ITS
    7  EFFECT ON THE SOURCES AND AMOUNTS OF PRIVATE  FINANCING,  THE  LEVEL  OF
    8  CAMPAIGN  EXPENDITURES,  VOTER  PARTICIPATION, THE NUMBER OF CANDIDATES,
    9  THE CANDIDATES' ABILITIES TO CAMPAIGN EFFECTIVELY FOR PUBLIC OFFICE, AND
   10  THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
   11    5. RECOMMENDATIONS FOR CHANGES OR AMENDMENTS TO THIS TITLE,  INCLUDING
   12  CHARGES IN CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY AND LIMITS ON
   13  TOTAL  MATCHING  FUNDS  AS  WELL AS INSTITUTING A PROGRAM OF FULL PUBLIC
   14  CAMPAIGN FINANCING FOR ELECTION FOR ALL STATEWIDE OFFICES; AND
   15    6. ANY OTHER INFORMATION THAT THE FAIR ELECTIONS BOARD DEEMS RELEVANT.
   16    S 14-226. DEBATES. THE FAIR ELECTIONS  BOARD  SHALL  PROMULGATE  REGU-
   17  LATIONS  TO  FACILITATE DEBATES AMONG PARTICIPATING CANDIDATES.  PARTIC-
   18  IPATING CANDIDATES ARE REQUIRED TO PARTICIPATE IN AT  LEAST  ONE  DEBATE
   19  BEFORE THE PRIMARY ELECTION AND IN AT LEAST ONE DEBATE BEFORE THE GENER-
   20  AL  ELECTION  FOR  WHICH THE CANDIDATE RECEIVES PUBLIC FUNDS, UNLESS THE
   21  PARTICIPATING CANDIDATE IS RUNNING UNOPPOSED. A NONPARTICIPATING  CANDI-
   22  DATE MAY BE A PARTY TO SUCH DEBATES.
   23    S  14-228.  DISTRIBUTIONS  FROM  FAIR  ELECTIONS FUND. 1. THIS SECTION
   24  GOVERNS THE FAIR ELECTIONS BOARD'S DISTRIBUTION  OF FUNDS FROM THE  FAIR
   25  ELECTIONS FUND CREATED BY SECTION NINETY-TWO-Y OF THE STATE FINANCE LAW,
   26  EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE.
   27    2.  NO  MONEYS  SHALL BE PAID TO PARTICIPATING CANDIDATES IN A PRIMARY
   28  ELECTION ANY EARLIER THAN TWO WEEKS AFTER THE LAST DAY TO FILE DESIGNAT-
   29  ING PETITIONS FOR SUCH PRIMARY ELECTION.
   30    3. NO MONEYS SHALL BE PAID TO PARTICIPATING CANDIDATES  IN  A  GENERAL
   31  ELECTION  ANY  EARLIER  THAN  A  WEEK AFTER THE PRIMARY ELECTION HELD TO
   32  NOMINATE CANDIDATES FOR SUCH ELECTION.
   33    4. NO MONEYS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO HAS BEEN
   34  DISQUALIFIED BY THE FAIR ELECTIONS BOARD OR WHOSE DESIGNATING  PETITIONS
   35  HAVE BEEN DECLARED INVALID BY THE STATE BOARD OF ELECTIONS OR A COURT OF
   36  COMPETENT  JURISDICTION  UNTIL AND UNLESS SUCH FINDING IS REVERSED BY AN
   37  APPELLATE COURT.
   38    5. NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A  CANDIDATE  OR
   39  SUCH  A  CANDIDATE'S  AUTHORIZED COMMITTEE ON THE DATE OF SUCH DISQUALI-
   40  FICATION OR INVALIDATION MAY THEREAFTER  BE  EXPENDED  FOR  ANY  PURPOSE
   41  EXCEPT  THE PAYMENT OF LIABILITIES INCURRED BEFORE THAT DATE. ALL EXCESS
   42  PUBLIC MONEYS PAID TO A DISQUALIFIED CANDIDATE SHALL BE RETURNED TO  THE
   43  FUND  NOT  LESS  THAN  THIRTY  DAYS AFTER THE GENERAL ELECTION FOR THOSE
   44  PARTICIPATING CANDIDATES WHO RECEIVED  PUBLIC  MONEYS  FOR  THE  GENERAL
   45  ELECTION,  AND  OTHERWISE,  NOT  LESS THAN THIRTY DAYS AFTER THE PRIMARY
   46  ELECTION FOR THOSE PARTICIPATING CANDIDATES WHO RECEIVED  PUBLIC  MONEYS
   47  SOLELY FOR THE PRIMARY ELECTION.
   48    6.  (A) PARTICIPATING CANDIDATES SHALL PAY TO THE FAIR ELECTIONS BOARD
   49  UNSPENT PUBLIC CAMPAIGN FUNDS FROM AN ELECTION  NOT  LATER  THAN  THIRTY
   50  DAYS  AFTER  ALL LIABILITIES FOR THE ELECTION HAVE BEEN PAID AND, IN ANY
   51  EVENT, NOT LESS THAN TWENTY DAYS AFTER THE  DATE  UPON  WHICH  THE  FAIR
   52  ELECTIONS  BOARD  ISSUES  ITS  FINAL  AUDIT REPORT FOR THE PARTICIPATING
   53  CANDIDATE'S  COMMITTEE;  PROVIDED,  HOWEVER,  THAT  ALL  UNSPENT  PUBLIC
   54  CAMPAIGN  FUNDS  FOR  A PARTICIPATING CANDIDATE SHALL BE IMMEDIATELY DUE
   55  AND PAYABLE TO THE FAIR ELECTIONS BOARD UPON ITS DETERMINATION THAT  THE
   56  PARTICIPATING  CANDIDATE HAS, WITHOUT JUST CAUSE, DELAYED THE POST-ELEC-
       S. 3502                            21
    1  TION AUDIT PROCESS. UNSPENT CAMPAIGN FUNDS DETERMINATIONS  MADE  BY  THE
    2  FAIR  ELECTIONS  BOARD  SHALL  BE  BASED  ON THE PARTICIPATING CANDIDATE
    3  COMMITTEE'S RECEIPTS AND EXPENDITURES. THE FAIR ELECTIONS BOARD MAY ALSO
    4  CONSIDER  ANY  OTHER  RELEVANT INFORMATION REVEALED IN THE COURSE OF ITS
    5  AUDITS OR INVESTIGATIONS OR THE INVESTIGATIONS BY ANY OTHER AGENCY.
    6    (B)(I) A PARTICIPATING CANDIDATE MAY NOT USE RECEIPTS FOR ANY  PURPOSE
    7  OTHER  THAN  DISBURSEMENTS  IN  THE PRECEDING ELECTION UNTIL ALL UNSPENT
    8  PUBLIC CAMPAIGN FUNDS HAVE BEEN REPAID. A PARTICIPATING CANDIDATE  SHALL
    9  HAVE THE BURDEN OF DEMONSTRATING THAT A POST-ELECTION EXPENDITURE IS FOR
   10  THE PRECEDING ELECTION.
   11    (II)  BEFORE  REPAYING  UNSPENT PUBLIC CAMPAIGN FUNDS, A PARTICIPATING
   12  CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES ONLY  FOR  ROUTINE  ACTIV-
   13  ITIES  INVOLVING NOMINAL COSTS ASSOCIATED WITH WINDING UP A CAMPAIGN AND
   14  RESPONDING TO THE POST-ELECTION AUDIT. SUCH  EXPENDITURES  MAY  INCLUDE:
   15  PAYMENT  OF  UTILITY  BILLS  AND  RENT;  REASONABLE  STAFF  SALARIES AND
   16  CONSULTANT FEES FOR RESPONDING  TO  A  POST-ELECTION  AUDIT;  REASONABLE
   17  MOVING  EXPENSES  RELATED  TO  CLOSING A CAMPAIGN OFFICE; A HOLIDAY CARD
   18  MAILING TO CONTRIBUTORS, CAMPAIGN VOLUNTEERS, AND STAFF  MEMBERS;  THANK
   19  YOU  NOTES  FOR  CONTRIBUTORS,  CAMPAIGN  VOLUNTEERS, AND STAFF MEMBERS;
   20  PAYMENT OF TAXES AND  OTHER  REASONABLE  EXPENSES  FOR  COMPLIANCE  WITH
   21  APPLICABLE  TAX  LAWS;  AND  INTEREST  EXPENSES.  ROUTINE  POST-ELECTION
   22  EXPENDITURES THAT MAY BE PAID FOR WITH UNSPENT  CAMPAIGN  FUNDS  DO  NOT
   23  INCLUDE  SUCH ITEMS AS POST-ELECTION MAILINGS OTHER THAN AS SPECIFICALLY
   24  PROVIDED FOR IN THIS SUBPARAGRAPH; MAKING  CONTRIBUTIONS;  MAKING  BONUS
   25  PAYMENTS OR GIFTS TO STAFF MEMBERS OR VOLUNTEERS; OR HOLDING ANY POST-E-
   26  LECTION DAY EVENT, INCLUDING, BUT NOT LIMITED TO, ANY MEAL OR ANY PARTY.
   27  UNSPENT  CAMPAIGN  FUNDS  MAY NOT BE USED FOR TRANSITION OR INAUGURATION
   28  ACTIVITIES.
   29    7. ALL MONIES RECEIVED BY THE FAIR ELECTIONS BOARD  PURSUANT  TO  THIS
   30  SECTION  SHALL  BE DEPOSITED INTO THE NEW YORK STATE FAIR ELECTIONS FUND
   31  PURSUANT TO SECTION NINETY-TWO-Y OF THE STATE FINANCE LAW.
   32    8. ANY CANDIDATE WHO ACCEPTS A CONTRIBUTION OR CONTRIBUTIONS IN EXCESS
   33  OF THE LIMITS SET FORTH IN SECTION 14-212 OF THIS TITLE, PRIOR TO ELECT-
   34  ING TO PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEM, AS SET FORTH
   35  BY PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION  14-206  OF  THIS  TITLE,
   36  SHALL  HAVE  HIS OR HER TOTAL PUBLIC MATCHING FUND GRANT REDUCED BY SUCH
   37  EXCESS AMOUNT. SUCH AMOUNT SHALL BE DEDUCTED BEGINNING  FROM  THE  FIRST
   38  ALLOWABLE  DISBURSEMENT  FROM  THE  FUND  UNTIL  SUCH  EXCESS  AMOUNT IS
   39  REACHED, AT WHICH POINT THE PUBLIC FUND DISBURSEMENT SHALL  BE  PROVIDED
   40  TO THE CANDIDATE CONSISTENT WITH THE PROVISIONS OF THIS SECTION.
   41    S  16.  The  election law is amended by adding a new section 16-103 to
   42  read as follows:
   43    S 16-103. PROCEEDINGS AS TO PUBLIC FINANCING. 1. THE DETERMINATION  OF
   44  ELIGIBILITY  PURSUANT TO SECTION 14-206 OF THIS CHAPTER AND ANY QUESTION
   45  OR ISSUE RELATING TO PAYMENTS FOR QUALIFIED CAMPAIGN EXPENDITURES PURSU-
   46  ANT TO SECTION 14-210 OF THIS CHAPTER MAY BE CONTESTED IN  A  PROCEEDING
   47  INSTITUTED  IN THE SUPREME COURT, ALBANY COUNTY, BY ANY AGGRIEVED CANDI-
   48  DATE.
   49    2. A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY OR
   50  PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO  SECTION  14-210
   51  OF  THIS CHAPTER SHALL BE INSTITUTED WITHIN SEVEN DAYS AFTER SUCH DETER-
   52  MINATION WAS MADE. THE FAIR ELECTIONS BOARD SHALL BE MADE A PARTY TO ANY
   53  SUCH PROCEEDING.
   54    3. UPON THE FAIR ELECTIONS BOARD'S FAILURE TO RECEIVE THE  AMOUNT  DUE
   55  FROM  A  PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE AFTER THE
   56  ISSUANCE OF WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED  BY  SUBDIVI-
       S. 3502                            22
    1  SION FOUR OF SECTION 14-218 OF THIS CHAPTER, SUCH BOARD IS AUTHORIZED TO
    2  INSTITUTE  A SPECIAL PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY
    3  COUNTY, TO OBTAIN A JUDGMENT FOR ANY AMOUNTS DETERMINED TO BE PAYABLE TO
    4  THE FAIR ELECTIONS BOARD.
    5    4.  THE  FAIR  ELECTIONS  BOARD  IS  AUTHORIZED TO INSTITUTE A SPECIAL
    6  PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN  A
    7  JUDGMENT  FOR  CIVIL  PENALTIES  DETERMINED  TO  BE  PAYABLE TO THE FAIR
    8  ELECTIONS BOARD PURSUANT TO SECTION 14-218 OF THIS CHAPTER.
    9    S 17. The election law is amended by adding a  new  section  4-115  to
   10  read as follows:
   11    S  4-115. NOTICE TO THE STATE BOARD OF ELECTIONS OF CANDIDATES FOR THE
   12  LEGISLATURE. 1. EACH BOARD OF ELECTIONS WITH WHICH PETITIONS  ARE  FILED
   13  FOR MEMBER OF THE STATE LEGISLATURE SHALL, NOT LATER THAN ONE WEEK AFTER
   14  THE  LAST  DAY TO FILE SUCH PETITIONS, SEND NOTICE TO THE STATE BOARD OF
   15  ELECTIONS OF SUCH INFORMATION ABOUT EACH  SUCH  PETITION  AS  THE  STATE
   16  BOARD SHALL REQUIRE.
   17    2.  EACH  SUCH COUNTY BOARD OF ELECTIONS SHALL, NOT LATER THAN THE DAY
   18  AFTER THE LAST DAY TO FILE A PETITION OR CERTIFICATE OF NOMINATION FOR A
   19  GENERAL OR SPECIAL ELECTION OR A CERTIFICATE OF ACCEPTANCE,  DECLINATION
   20  OR  SUBSTITUTION FOR A GENERAL, PRIMARY OR SPECIAL ELECTION FOR ANY SUCH
   21  OFFICE, SEND TO THE STATE BOARD OF ELECTIONS SUCH INFORMATION ABOUT EACH
   22  SUCH PETITION OR CERTIFICATE AS THE STATE BOARD SHALL REQUIRE.
   23    3. IF ANY SUCH COUNTY BOARD OF ELECTIONS SHOULD  DISQUALIFY  ANY  SUCH
   24  CANDIDATE  OR RULE THE PETITION OR CERTIFICATE DESIGNATING OR NOMINATING
   25  ANY SUCH CANDIDATE INVALID, IT SHALL FORTHWITH NOTIFY THE STATE BOARD OF
   26  ELECTIONS OF SUCH DECISION.
   27    4. IF ANY SUCH COUNTY BOARD OF ELECTIONS SHALL BE NOTIFIED OF A  DECI-
   28  SION  OF A COURT OF COMPETENT JURISDICTION DISQUALIFYING ANY SUCH CANDI-
   29  DATE OR DECLARING ANY SUCH PETITION INVALID OR REVERSING ANY SUCH  DECI-
   30  SION  BY  SUCH  BOARD  OF  ELECTIONS  OR  ANOTHER  COURT,  SUCH BOARD OF
   31  ELECTIONS SHALL FORTHWITH NOTIFY THE STATE BOARD OF  ELECTIONS  OF  SUCH
   32  DECISION.
   33    5.  THE  STATE  BOARD OF ELECTIONS MAY PRESCRIBE FORMS FOR THE NOTICES
   34  REQUIRED BY THIS SECTION AND SHALL PRESCRIBE THE MANNER  IN  WHICH  SUCH
   35  NOTICES SHALL BE GIVEN.
   36    S  18.  The  general  business  law is amended by adding a new section
   37  359-gg to read as follows:
   38    S 359-GG. ADDITIONAL SURCHARGE. IN ADDITION TO ANY PENALTY  AUTHORIZED
   39  BY  SECTION THREE HUNDRED FIFTY-NINE-G OF THIS ARTICLE OR ANY DAMAGES OR
   40  OTHER COMPENSATION  RECOVERABLE  INCLUDING,  BUT  NOT  LIMITED  TO,  ANY
   41  SETTLEMENT  AUTHORIZED  BY  SECTION  SIXTY-THREE OR SIXTY-THREE-C OF THE
   42  EXECUTIVE LAW, THERE SHALL BE ASSESSED THEREON AN  ADDITIONAL  SURCHARGE
   43  IN  THE  AMOUNT  OF  TEN  PERCENT  OF  THE TOTAL AMOUNT OF SUCH PENALTY,
   44  DAMAGES OR SETTLEMENT. SUCH SURCHARGE SHALL BE DEPOSITED IN THE NEW YORK
   45  STATE FAIR ELECTIONS FUND ESTABLISHED BY  SECTION  NINETY-TWO-Y  OF  THE
   46  STATE FINANCE LAW.
   47    S 19. The state finance law is amended by adding a new section 92-y to
   48  read as follows:
   49    S  92-Y. NEW YORK STATE FAIR ELECTIONS FUND. 1. THERE IS HEREBY ESTAB-
   50  LISHED IN THE CUSTODY OF THE COMMISSIONER  OF  TAXATION  AND  FINANCE  A
   51  SPECIAL FUND TO BE KNOWN AS THE NEW YORK STATE FAIR ELECTIONS FUND.
   52    2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE SURCHARGE
   53  IMPOSED  PURSUANT  TO SECTION THREE HUNDRED FIFTY-NINE-GG OF THE GENERAL
   54  BUSINESS LAW, REVENUES  RECEIVED  FROM  FAIR  ELECTIONS  FUND  CHECK-OFF
   55  PURSUANT  TO  SECTION  SIX HUNDRED THIRTY-D OF THE TAX LAW AND ALL OTHER
   56  MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY  OTHER  FUND  OR  SOURCE
       S. 3502                            23
    1  PURSUANT  TO  LAW.  NOTHING  CONTAINED IN THIS SECTION SHALL PREVENT THE
    2  STATE FROM RECEIVING GRANTS, GIFTS, BEQUESTS OR VOLUNTARY  CONTRIBUTIONS
    3  FOR  THE  PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING
    4  THEM  INTO  THE  FUND ACCORDING TO LAW. MONIES IN THE FUND SHALL BE KEPT
    5  SEPARATE FROM AND NOT COMMINGLED WITH OTHER FUNDS HELD IN THE CUSTODY OF
    6  THE COMMISSIONER OF TAXATION AND FINANCE.
    7    3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
    8  BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO  CANDIDATES  PURSUANT
    9  TO  TITLE  TWO  OF ARTICLE FOURTEEN OF THE ELECTION LAW. MONEYS SHALL BE
   10  PAID OUT OF THE FUND BY THE COMMISSIONER  OF  TAXATION  AND  FINANCE  ON
   11  VOUCHERS  CERTIFIED  OR APPROVED BY THE FAIR ELECTIONS BOARD ESTABLISHED
   12  PURSUANT TO TITLE TWO OF ARTICLE FOURTEEN OF THE ELECTION  LAW,  OR  THE
   13  DULY  DESIGNATED  REPRESENTATIVE OF SUCH BOARD, IN THE MANNER PRESCRIBED
   14  BY LAW, NOT MORE THAN ONE WORKING DAY AFTER A  VOUCHER  DULY  CERTIFIED,
   15  APPROVED  AND  EXECUTED  BY SUCH BOARD OR ITS REPRESENTATIVE IN THE FORM
   16  PRESCRIBED BY THE COMMISSIONER OF TAXATION AND FINANCE  IS  RECEIVED  BY
   17  THE COMMISSIONER OF TAXATION AND FINANCE.
   18    4.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, IF, IN ANY
   19  STATE FISCAL YEAR, THE STATE FAIR ELECTIONS FUND  LACKS  THE  AMOUNT  OF
   20  MONEY  TO  PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES AND CERTIFIED
   21  OR APPROVED BY THE FAIR ELECTIONS BOARD, ANY SUCH  DEFICIENCY  SHALL  BE
   22  PAID, UPON AUDIT AND WARRANT OF THE STATE COMPTROLLER, FROM FUNDS DEPOS-
   23  ITED  IN  THE  GENERAL  FUND  OF THE STATE NOT MORE THAN ONE WORKING DAY
   24  AFTER SUCH VOUCHER IS RECEIVED BY THE STATE COMPTROLLER.
   25    5. COMMENCING IN TWO THOUSAND SEVENTEEN, IF THE SURPLUS IN THE FUND ON
   26  APRIL FIRST OF THE YEAR AFTER  AN  ELECTION  CYCLE  EXCEEDS  TWENTY-FIVE
   27  PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER THE PREVIOUS FOUR YEARS,
   28  THE EXCESS SHALL REVERT TO THE GENERAL FUND OF THE STATE.
   29    6.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
   30  PRIMARY ELECTION ANY EARLIER THAN THE DAY THAT SUCH CANDIDATE IS  CERTI-
   31  FIED AS BEING ON THE BALLOT FOR SUCH PRIMARY ELECTION.
   32    7.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
   33  GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF  THE  PRIMARY
   34  ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
   35    8.  NO  PUBLIC  FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
   36  HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN  DECLARED
   37  INVALID  BY  THE  APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
   38  JURISDICTION UNTIL AND UNLESS SUCH  FINDING  IS  REVERSED  BY  A  HIGHER
   39  AUTHORITY.  NO  PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDI-
   40  DATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON  THE  DATE  OF  SUCH
   41  DISQUALIFICATION  OR  INVALIDATION  MAY  THEREAFTER  BE EXPENDED FOR ANY
   42  PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE. ALL
   43  SUCH MONEYS SHALL BE REPAID TO THE FUND.
   44    S 20. The tax law is amended by adding a new section 630-d to read  as
   45  follows:
   46    S  630-D.  CONTRIBUTION TO NEW YORK STATE FAIR ELECTIONS FUND.  EFFEC-
   47  TIVE FOR ANY TAXABLE YEAR COMMENCING ON  OR  AFTER  JANUARY  FIRST,  TWO
   48  THOUSAND  FIFTEEN,  AN  INDIVIDUAL  IN  ANY  TAXABLE  YEAR  MAY ELECT TO
   49  CONTRIBUTE TO THE NEW YORK STATE FAIR ELECTIONS FUND. SUCH  CONTRIBUTION
   50  SHALL  BE  IN THE AMOUNT OF FIVE DOLLARS AND SHALL NOT REDUCE THE AMOUNT
   51  OF STATE TAX OWED BY SUCH INDIVIDUAL.  THE  COMMISSIONER  SHALL  INCLUDE
   52  SPACE  ON  THE  PERSONAL  INCOME TAX RETURN TO ENABLE A TAXPAYER TO MAKE
   53  SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW ALL REVEN-
   54  UES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE NEW YORK
   55  STATE FAIR ELECTIONS FUND AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN
   56  SECTION NINETY-TWO-Y OF THE STATE FINANCE LAW.
       S. 3502                            24
    1    S 21. Severability. If any clause, sentence,  subdivision,  paragraph,
    2  section  or  part of title 2 of article 14 of the election law, as added
    3  by section fifteen of this act be adjudged by  any  court  of  competent
    4  jurisdiction  to  be  invalid, such judgment shall not affect, impair or
    5  invalidate the remainder thereof, but shall be confined in its operation
    6  to the clause, sentence, subdivision, paragraph, section or part thereof
    7  directly  involved  in the controversy in which such judgment shall have
    8  been rendered.
    9    S 22. This act  shall  take  effect  immediately;  provided,  however,
   10  candidates  for state legislature will be eligible to participate in the
   11  public financing system beginning with the 2016 election and  all  state
   12  candidates  and  constitutional convention delegates will be eligible to
   13  participate in the public  financing  system  beginning  with  the  2018
   14  election.