S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4007
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 25, 2015
                                      ___________
       Introduced  by  Sen. SAMPSON -- 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 "2015 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 "2015 Fair Elections Act".
    3    S  2.  Legislative findings and declaration.  The legislature declares
    4  that it is in the public interest to create and ensure a truly democrat-
    5  ic political system in which citizens,  irrespective  of  their  income,
    6  status,  or financial connections, are enabled and encouraged to compete
    7  for public office. Therefore, the  legislature  finds  it  necessary  to
    8  establish  a system of public financing for all qualified candidates for
    9  state elective offices and constitutional convention delegates.
   10    S 2-a.  Sections  14-100,  14-102,  14-104,  14-106,  14-107,  14-108,
   11  14-110,  14-112, 14-114, 14-116, 14-118, 14-120, 14-122, 14-124, 14-126,
   12  14-127, 14-128 and 14-130 of the election law are designated title 1 and
   13  a new title heading is added to read as follows:
   14                      RECEIPTS AND EXPENDITURES; GENERAL
   15    S 3. Article 14 of the election law is amended by adding a new title 2
   16  to read as follows:
   17                                   TITLE II
   18                              PUBLIC FINANCING
   19  SECTION 14-200. DEFINITIONS.
   20          14-202. REPORTING REQUIREMENTS.
   21          14-203. ELIGIBILITY.
   22          14-204. QUALIFIED CAMPAIGN EXPENDITURES.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09179-02-5
       S. 4007                             2
    1          14-206. OPTIONAL PUBLIC FINANCING.
    2          14-208. CONTRIBUTION AND RECEIPT LIMITATIONS.
    3          14-210. LIMITATIONS ON THE RECEIPT OF PUBLIC FUNDS.
    4          14-212. CAMPAIGN FINANCE BOARD; GENERAL POWERS AND DUTIES.
    5          14-214. EXAMINATIONS AND AUDITS.
    6          14-216. CIVIL ENFORCEMENT.
    7          14-218. CRIMINAL PENALTIES.
    8          14-220. REPORTS.
    9          14-222. DEBATES.
   10          14-224. DISTRIBUTIONS FROM CAMPAIGN FINANCE FUND.
   11    S  14-200.  DEFINITIONS. AS USED IN THIS TITLE, UNLESS ANOTHER MEANING
   12  IS CLEARLY INDICATED:
   13    1. THE TERM "BOARD"  OR  "CAMPAIGN  FINANCE  BOARD"  MEANS  THE  BOARD
   14  CREATED  BY  SECTION  14-212  OF  THIS  TITLE TO ADMINISTER THE CAMPAIGN
   15  FINANCE FUND.
   16    2. THE TERM "ELIGIBLE CANDIDATE" SHALL MEAN A CANDIDATE FOR NOMINATION
   17  OR ELECTION TO ANY OF THE  OFFICES  OF  GOVERNOR,  LIEUTENANT  GOVERNOR,
   18  COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE STATE LEGISLATURE, AT-LARGE
   19  DELEGATE  TO  A  CONSTITUTIONAL  CONVENTION  OR  DISTRICT  DELEGATE TO A
   20  CONSTITUTIONAL CONVENTION.
   21    3. THE TERM "PARTICIPATING COMMITTEE" SHALL MEAN A  SINGLE  AUTHORIZED
   22  POLITICAL  COMMITTEE  WHICH  A CANDIDATE CERTIFIES IS THE COMMITTEE THAT
   23  WILL SOLELY BE USED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM ESTAB-
   24  LISHED BY THIS TITLE AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMA-
   25  RY, GENERAL OR SPECIAL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT.  A
   26  MULTI-CANDIDATE COMMITTEE MAY NOT BE A PARTICIPATING COMMITTEE.
   27    4. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN A  CANDIDATE  WHO  IS
   28  ELIGIBLE  TO  PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEM ESTAB-
   29  LISHED BY THIS TITLE, HAS MET THE  THRESHOLD  FOR  ELIGIBILITY  AND  HAS
   30  ELECTED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM.
   31    5.  THE  TERM  "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR
   32  ANY OFFICE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING UNDER THIS TITLE FOR A
   33  COVERED ELECTION WHO FAILS TO FILE A STATEMENT IN THE FORM OF AN AFFIDA-
   34  VIT PURSUANT TO SECTION 14-206 OF THIS TITLE.
   35    6. THE TERM "MATCHABLE CONTRIBUTIONS" SHALL MEAN THAT PORTION  OF  THE
   36  AGGREGATE  CONTRIBUTIONS  MADE  (A)  IN THE CASE OF A PRIMARY OR GENERAL
   37  ELECTION, AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY OR GENER-
   38  AL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT OR (B) IN THE CASE OF A
   39  SPECIAL ELECTION, WITHIN SIX MONTHS OF SUCH ELECTION BY NATURAL  PERSONS
   40  RESIDENT  IN  THE  STATE  OF  NEW  YORK TO A CANDIDATE FOR NOMINATION OR
   41  ELECTION TO ANY OF THE OFFICES COVERED BY THE PROVISIONS OF  THIS  TITLE
   42  WHICH  DO NOT EXCEED TWO HUNDRED FIFTY DOLLARS, WHICH HAVE BEEN REPORTED
   43  IN FULL BY THE  CANDIDATE'S  PARTICIPATING  COMMITTEE  TO  THE  CAMPAIGN
   44  FINANCE  BOARD,  INCLUDING  THE  CONTRIBUTOR'S FULL NAME AND RESIDENTIAL
   45  ADDRESS. "MATCHABLE CONTRIBUTIONS" SHALL BE THE NET AMOUNT OF ANY  MONE-
   46  TARY  CONTRIBUTION REALIZED BY A CANDIDATE OR DESIGNATED COMMITTEE AFTER
   47  DEDUCTING THE REASONABLE VALUE OF ANY GOODS  OR  SERVICES  PROVIDED  THE
   48  CONTRIBUTOR  IN  CONNECTION  WITH THE CONTRIBUTION, EXCEPT THAT CONTRIB-
   49  UTIONS FROM ANY PERSON WHO HAS RECEIVED A PAYMENT OR ANYTHING  OF  VALUE
   50  FROM  SUCH  COMMITTEE  OR  FROM  A PERSON WHO IS AN OFFICER, DIRECTOR OR
   51  EMPLOYEE OF, OR A PERSON WHO HAS A  TEN  PERCENT  OR  GREATER  OWNERSHIP
   52  INTEREST  IN  ANY  ENTITY  WHICH HAS RECEIVED SUCH A PAYMENT OR THING OF
   53  VALUE SHALL NOT BE MATCHABLE.  A LOAN MAY NOT BE TREATED AS A  MATCHABLE
   54  CONTRIBUTION.
   55    7. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE
   56  FOR WHICH PUBLIC FUNDS MAY BE USED.
       S. 4007                             3
    1    8. THE TERM "FUND" SHALL MEAN THE NEW YORK STATE CAMPAIGN FINANCE FUND
    2  CREATED BY SECTION NINETY-TWO-T 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 14-203 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    S  14-202.  REPORTING  REQUIREMENTS.  1. EVERY PARTICIPATING CANDIDATE
   11  SHALL NOT DESIGNATE MORE THAN ONE AUTHORIZED COMMITTEE. BEFORE RECEIVING
   12  ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR A COVERED ELECTION,  EACH
   13  PARTICIPATING  CANDIDATE  SHALL  NOTIFY THE STATE BOARD OF ELECTIONS AND
   14  THE BOARD AS TO THE EXISTENCE OF HIS OR HER  AUTHORIZED  COMMITTEE  THAT
   15  HAS BEEN DESIGNATED AND APPROVED BY SUCH CANDIDATE. EACH SUCH AUTHORIZED
   16  COMMITTEE  SHALL, BEFORE OPENING A COMMITTEE BANK ACCOUNT, RECEIVING ANY
   17  CONTRIBUTION OR MAKING ANY EXPENDITURE FOR A COVERED ELECTION:
   18    (A) DESIGNATE A TREASURER; AND
   19    (B) OBTAIN A TAX  IDENTIFICATION  NUMBER  FROM  THE  INTERNAL  REVENUE
   20  SERVICE.
   21    2.  DISCLOSURE. (A) EVERY PARTICIPATING CANDIDATE SHALL FILE FINANCIAL
   22  DISCLOSURE REPORTS WITH THE STATE BOARD  OF  ELECTIONS  AS  REQUIRED  BY
   23  TITLE  ONE OF THIS ARTICLE. COPIES OF SUCH REPORTS SHALL ALSO BE SUBMIT-
   24  TED TO THE CAMPAIGN FINANCE BOARD CREATED PURSUANT TO  THIS  ARTICLE  AT
   25  THE SAME TIME SUCH REPORTS ARE FILED WITH THE STATE BOARD OF ELECTIONS.
   26    (B)  THE  CAMPAIGN  FINANCE  BOARD SHALL REVIEW EACH DISCLOSURE REPORT
   27  FILED WITH THE STATE BOARD OF ELECTIONS PURSUANT TO TITLE  ONE  OF  THIS
   28  ARTICLE  AND SHALL INFORM PARTICIPATING CANDIDATES AND POLITICAL COMMIT-
   29  TEES INCLUDING THE  AUTHORIZED  COMMITTEE,  OF  RELEVANT  QUESTIONS  THE
   30  CAMPAIGN  FINANCE BOARD HAS CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS
   31  OF THIS TITLE AND OF THE RULES ISSUED BY THE CAMPAIGN FINANCE BOARD; AND
   32  (II) QUALIFICATION FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO  THIS
   33  TITLE.  IN  THE  COURSE OF SUCH REVIEW, THE CAMPAIGN FINANCE BOARD SHALL
   34  GIVE  CANDIDATES  AND  POLITICAL  COMMITTEES  INCLUDING  THE  AUTHORIZED
   35  COMMITTEE, AN OPPORTUNITY TO RESPOND TO AND CORRECT POTENTIAL VIOLATIONS
   36  AND  GIVE  CANDIDATES  AN OPPORTUNITY TO ADDRESS QUESTIONS THE BOARD HAS
   37  CONCERNING THEIR MATCHABLE CONTRIBUTION CLAIMS OR OTHER ISSUES  CONCERN-
   38  ING  ELIGIBILITY  FOR  RECEIVING  PUBLIC MATCHING FUNDS PURSUANT TO THIS
   39  TITLE. NOTHING IN THIS PARAGRAPH SHALL PRECLUDE THE  BOARD  FROM  SUBSE-
   40  QUENTLY  REVIEWING SUCH A DISCLOSURE REPORT AND TAKING ANY ACTION OTHER-
   41  WISE AUTHORIZED BY THIS TITLE.
   42    (C) ONLY ITEMIZED CONTRIBUTIONS CONTAINED IN REPORTS  FILED  WITH  THE
   43  STATE  BOARD  OF ELECTIONS SHALL BE ELIGIBLE FOR MATCHING FUNDS PURSUANT
   44  TO THIS TITLE.
   45    S 14-203. ELIGIBILITY. 1. TO BE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING
   46  UNDER THIS TITLE, A CANDIDATE FOR NOMINATION OR ELECTION MUST:
   47    (A) MEET ALL THE REQUIREMENTS OF THIS CHAPTER AND OTHER PROVISIONS  OF
   48  LAW TO HAVE HIS OR HER NAME ON THE BALLOT;
   49    (B)  BE  A  CANDIDATE  FOR  STATEWIDE OFFICE, THE STATE LEGISLATURE OR
   50  DELEGATE TO A CONSTITUTIONAL CONVENTION AT A PRIMARY, GENERAL OR SPECIAL
   51  ELECTION AND MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION
   52  TWO OF THIS SECTION;
   53    (C) ELECT TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM ESTABLISHED BY
   54  THIS TITLE NOT LATER THAN SEVEN DAYS AFTER THE LAST DAY TO  FILE  DESIG-
   55  NATING  PETITIONS  FOR  THE  OFFICE SUCH CANDIDATE IS SEEKING OR, IN THE
       S. 4007                             4
    1  CASE OF A SPECIAL ELECTION, NOT LATER THAN THE LAST DAY TO FILE NOMINAT-
    2  ING CERTIFICATES FOR SUCH OFFICE;
    3    (D)  AGREE  TO  OBTAIN  AND  FURNISH TO THE CAMPAIGN FINANCE BOARD ANY
    4  EVIDENCE IT MAY REASONABLY REQUEST  RELATING  TO  HIS  OR  HER  CAMPAIGN
    5  EXPENDITURES OR CONTRIBUTIONS AND FURNISH SUCH OTHER PROOF OF COMPLIANCE
    6  WITH THIS TITLE AS MAY BE REQUESTED BY THE BOARD;
    7    (E)  HAVE  A  SINGLE  AUTHORIZED  POLITICAL  COMMITTEE WHICH HE OR SHE
    8  CERTIFIES AS THE PARTICIPATING COMMITTEE FOR THE PURPOSES OF THIS TITLE;
    9  AND
   10    (F) AGREE TO IDENTIFY ACCURATELY IN ALL CAMPAIGN MATERIALS THE  PERSON
   11  OR ENTITY THAT PAID FOR SUCH CAMPAIGN MATERIAL.
   12    2.  THE THRESHOLD FOR ELIGIBILITY FOR PUBLIC FUNDING FOR CANDIDATES IN
   13  A PRIMARY, GENERAL OR SPECIAL ELECTION FOR THE FOLLOWING  OFFICES  SHALL
   14  BE:
   15    (A)  GOVERNOR  IN  A  PRIMARY  OR  GENERAL ELECTION. NOT LESS THAN SIX
   16  HUNDRED FIFTY THOUSAND DOLLARS FROM AT LEAST SIX THOUSAND  FIVE  HUNDRED
   17  MATCHABLE  CONTRIBUTIONS  MADE  UP  OF  SUMS  OF UP TO TWO HUNDRED FIFTY
   18  DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
   19    (B) LIEUTENANT GOVERNOR IN  A  PRIMARY  ELECTION  AND  COMPTROLLER  OR
   20  ATTORNEY  GENERAL  IN  A PRIMARY OR GENERAL ELECTION.  NOT LESS THAN TWO
   21  HUNDRED THOUSAND DOLLARS FROM AT LEAST TWO THOUSAND  MATCHABLE  CONTRIB-
   22  UTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY DOLLARS PER INDIVIDUAL
   23  CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
   24    (C)  MEMBERS  OF  THE  STATE  SENATE  IN A PRIMARY, GENERAL OR SPECIAL
   25  ELECTION. NOT LESS THAN  TWENTY  THOUSAND  DOLLARS  FROM  AT  LEAST  TWO
   26  HUNDRED  MATCHABLE  CONTRIBUTIONS  MADE  UP OF SUMS OF UP TO TWO HUNDRED
   27  FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW  YORK  STATE
   28  INCLUDING  AT LEAST TEN THOUSAND DOLLARS FROM AT LEAST ONE HUNDRED TWEN-
   29  TY-FIVE INDIVIDUAL CONTRIBUTORS WHO RESIDE IN  THE  SENATE  DISTRICT  IN
   30  WHICH THE SEAT IS TO BE FILLED.
   31    (D) MEMBERS OF THE ASSEMBLY IN A PRIMARY, GENERAL OR SPECIAL ELECTION.
   32  NOT  LESS  THAN TEN THOUSAND DOLLARS FROM AT LEAST ONE HUNDRED MATCHABLE
   33  CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO  HUNDRED  FIFTY  DOLLARS  PER
   34  INDIVIDUAL  CONTRIBUTOR WHO RESIDES IN NEW YORK STATE INCLUDING AT LEAST
   35  FIVE THOUSAND DOLLARS FROM AT LEAST FIFTY INDIVIDUALS WHO RESIDE IN  THE
   36  ASSEMBLY DISTRICT IN WHICH THE SEAT IS TO BE FILLED.
   37    (E)  AT-LARGE  DELEGATE TO A CONSTITUTIONAL CONVENTION IN A PRIMARY OR
   38  GENERAL ELECTION. NOT LESS THAN TWENTY THOUSAND DOLLARS  FROM  AT  LEAST
   39  TWO HUNDRED MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED
   40  FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
   41    (F)  DISTRICT  DELEGATE TO A CONSTITUTIONAL CONVENTION IN A PRIMARY OR
   42  GENERAL ELECTION. NOT LESS THAN FIVE  THOUSAND  DOLLARS  FROM  AT  LEAST
   43  FIFTY MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY
   44  DOLLARS  PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN THE DISTRICT IN WHICH
   45  THE SEAT IS TO BE FILLED.
   46    3. IN ORDER TO BE ELIGIBLE  TO  RECEIVE  PUBLIC  FUNDS  IN  A  PRIMARY
   47  ELECTION  A  CANDIDATE MUST AGREE, THAT IN THE EVENT SUCH CANDIDATE IS A
   48  CANDIDATE FOR SUCH OFFICE IN THE GENERAL ELECTION  IN  SUCH  YEAR,  THAT
   49  SUCH CANDIDATE WILL BE BOUND BY THE PROVISIONS OF THIS TITLE, INCLUDING,
   50  BUT NOT LIMITED TO, THE PUBLIC FUNDS RECEIPT LIMITS OF THIS TITLE.
   51    4.  CANDIDATES  WHO ARE CONTESTED IN A PRIMARY ELECTION AND WHO DO NOT
   52  SEEK PUBLIC FUNDS SHALL NOT BE ELIGIBLE FOR PUBLIC FUNDS FOR THE GENERAL
   53  ELECTION IN THAT YEAR. THE PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT
   54  APPLY TO CANDIDATES FOR THE OFFICE OF LIEUTENANT GOVERNOR.
   55    5. CANDIDATES WHO ARE UNOPPOSED IN A GENERAL OR SPECIAL ELECTION SHALL
   56  NOT BE ELIGIBLE TO RECEIVE PUBLIC FUNDS.
       S. 4007                             5
    1    6.  NO  CANDIDATE  FOR  ELECTION TO AN OFFICE IN A PRIMARY, GENERAL OR
    2  SPECIAL ELECTION WHO HAS ELECTED TO PARTICIPATE IN THE PUBLIC  FINANCING
    3  SYSTEM  SHALL BE DEEMED OPPOSED AND RECEIVE PUBLIC FUNDS UNLESS THERE IS
    4  AT LEAST ONE OTHER CANDIDATE FOR SUCH OFFICE IN SUCH ELECTION  AND  SUCH
    5  OTHER  CANDIDATE RAISES AT LEAST TEN PERCENT OF THE PARTICIPATING CANDI-
    6  DATE'S PRIMARY RECEIPT LIMIT.
    7    S 14-204. QUALIFIED CAMPAIGN EXPENDITURES. 1.  PUBLIC  FUNDS  PROVIDED
    8  UNDER  THE PROVISIONS OF THIS TITLE MAY ONLY BE USED FOR EXPENDITURES BY
    9  THE PARTICIPATING COMMITTEE AUTHORIZED BY THE CANDIDATE TO MAKE EXPENDI-
   10  TURES ON SUCH CANDIDATE'S BEHALF, TO FURTHER THE CANDIDATE'S  NOMINATION
   11  OR  ELECTION  AFTER  JANUARY  FIRST  OF THE YEAR IN WHICH THE PRIMARY OR
   12  GENERAL ELECTION IS HELD FOR THE OFFICE SOUGHT, FOR SERVICES, MATERIALS,
   13  FACILITIES OR OTHER THINGS OF VALUE USED DURING THAT CAMPAIGN CYCLE  OR,
   14  IN  THE  CASE  OF A SPECIAL ELECTION, FOR EXPENDITURES DURING THE PERIOD
   15  COMMENCING THREE MONTHS BEFORE AND ENDING ONE MONTH AFTER  SUCH  SPECIAL
   16  ELECTION.
   17    2. SUCH PUBLIC FUNDS MAY NOT BE USED FOR:
   18    (A)  AN EXPENDITURE IN VIOLATION OF ANY LAW OF THE UNITED STATES OR OF
   19  THIS STATE;
   20    (B) PAYMENTS OR ANYTHING OF VALUE GIVEN OR MADE TO  THE  CANDIDATE,  A
   21  RELATIVE  OF  THE  CANDIDATE,  OR TO A BUSINESS ENTITY IN WHICH ANY SUCH
   22  PERSON HAS A TEN PERCENT OR GREATER OWNERSHIP INTEREST OR OF  WHICH  ANY
   23  SUCH PERSON IS AN OFFICER, DIRECTOR OR EMPLOYEE;
   24    (C) PAYMENT IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES, MATERIALS,
   25  FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
   26    (D)  ANY  EXPENDITURE  MADE  AFTER THE PARTICIPATING CANDIDATE, OR THE
   27  ONLY REMAINING OPPONENT OF SUCH CANDIDATE, HAS BEEN DISQUALIFIED OR  HAD
   28  SUCH CANDIDATE'S PETITIONS DECLARED INVALID BY A BOARD OF ELECTIONS OR A
   29  COURT  OF  COMPETENT  JURISDICTION  UNTIL  AND  UNLESS  SUCH  FINDING IS
   30  REVERSED BY A HIGHER AUTHORITY.
   31    (E) ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION  OF
   32  DESIGNATION  OR NOMINATION OR ANY CERTIFICATE OF NOMINATION, ACCEPTANCE,
   33  AUTHORIZATION, DECLINATION OR SUBSTITUTION;
   34    (F) EXPENDITURE FOR NONCAMPAIGN RELATED FOOD, DRINK OR  ENTERTAINMENT;
   35  AND
   36    (G) GIFTS.
   37    S  14-206.  OPTIONAL PUBLIC FINANCING. 1. PARTICIPATING CANDIDATES FOR
   38  NOMINATION OR ELECTION IN PRIMARY, GENERAL  AND  SPECIAL  ELECTIONS  MAY
   39  OBTAIN PAYMENT TO A PARTICIPATING COMMITTEE FROM PUBLIC FUNDS FOR QUALI-
   40  FIED  CAMPAIGN  EXPENDITURES.  NO  SUCH  PUBLIC FUNDS SHALL BE PAID TO A
   41  PARTICIPATING COMMITTEE UNTIL THE CANDIDATE HAS QUALIFIED TO  APPEAR  ON
   42  THE  BALLOT  AND FILED A SWORN STATEMENT WITH THE CAMPAIGN FINANCE BOARD
   43  ELECTING TO PARTICIPATE IN THE  OPTIONAL  PUBLIC  FINANCING  SYSTEM  AND
   44  AGREEING TO ABIDE BY THE REQUIREMENTS OF THIS TITLE.  PAYMENTS SHALL NOT
   45  EXCEED  THE  AMOUNTS  SPECIFIED IN THIS TITLE, AND SHALL BE MADE ONLY IN
   46  ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. SUCH PAYMENTS MAY ONLY  BE
   47  MADE  TO  A PARTICIPATING CANDIDATE'S PARTICIPATING COMMITTEE. NO PUBLIC
   48  FUNDS SHALL BE USED EXCEPT AS REIMBURSEMENT  OR  PAYMENT  FOR  QUALIFIED
   49  CAMPAIGN  EXPENDITURES  ACTUALLY AND LAWFULLY INCURRED OR TO REPAY LOANS
   50  USED TO PAY QUALIFIED CAMPAIGN EXPENDITURES.
   51    2. THE PARTICIPATING COMMITTEE OF EACH PARTICIPATING  CANDIDATE  SHALL
   52  BE ENTITLED TO SIX DOLLARS IN PUBLIC FUNDS FOR EACH ONE DOLLAR OF MATCH-
   53  ABLE  CONTRIBUTIONS  OBTAINED AND REPORTED TO THE CAMPAIGN FINANCE BOARD
   54  IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE, PROVIDED, HOWEVER, SUCH
   55  PUBLIC FUNDS SHALL ONLY BE USED FOR QUALIFIED CAMPAIGN EXPENDITURES.
       S. 4007                             6
    1    3. (A) NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO  IS
    2  UNOPPOSED  IN  A  PRIMARY ELECTION SHALL BE ENTITLED TO PAYMENT FROM THE
    3  FUND FOR QUALIFIED CAMPAIGN EXPENDITURES.
    4    (B)  WHERE THERE IS A CONTEST IN SUCH PRIMARY FOR THE NOMINATION OF AT
    5  LEAST ONE OTHER PARTY FOR SUCH OFFICE, THE PARTICIPATING COMMITTEE OF AN
    6  UNOPPOSED PARTICIPATING CANDIDATE FOR NOMINATION MAY RAISE AND SPEND  AN
    7  AMOUNT EQUAL TO ONE-HALF THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE,
    8  AS  FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
    9  FUNDS, WITH CONTRIBUTIONS OF UP TO TWO THOUSAND DOLLARS PER CONTRIBUTOR.
   10  SUCH PAYMENT CAN ONLY BE EXPENDED FOR PROPERTY, SERVICES  OR  FACILITIES
   11  USED ON OR BEFORE THE DATE OF SUCH PRIMARY ELECTION.
   12    4.  THE  CAMPAIGN  FINANCE BOARD SHALL PROMPTLY EXAMINE ALL REPORTS OF
   13  CONTRIBUTIONS TO  DETERMINE  WHETHER,  ON  THEIR  FACE,  THEY  MEET  THE
   14  REQUIREMENTS  FOR  MATCHABLE  CONTRIBUTIONS,  AND SHALL KEEP A RECORD OF
   15  SUCH CONTRIBUTIONS.
   16    5. THE CAMPAIGN FINANCE BOARD SHALL  PROMULGATE  REGULATIONS  FOR  THE
   17  CERTIFICATION  OF  THE  AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER, FROM
   18  THE FUND ESTABLISHED PURSUANT  TO  SECTION  NINETY-TWO-T  OF  THE  STATE
   19  FINANCE  LAW, TO A PARTICIPATING CANDIDATE THAT HAS QUALIFIED TO RECEIVE
   20  SUCH PAYMENT. THESE  REGULATIONS  SHALL  INCLUDE  THE  PROMULGATION  AND
   21  DISTRIBUTION  OF FORMS ON WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO BE
   22  REPORTED, THE PERIODS DURING WHICH SUCH REPORTS MUST BE  FILED  AND  THE
   23  VERIFICATION  REQUIRED.  THE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL
   24  MAKE POSSIBLE PAYMENT BY THE FUND WITHIN TWO BUSINESS DAYS AFTER RECEIPT
   25  OF THE REQUIRED FORMS AND VERIFICATIONS.
   26    S 14-208. CONTRIBUTION AND RECEIPT LIMITATIONS. 1.   IN  ANY  PRIMARY,
   27  SPECIAL  OR GENERAL ELECTION FOR ANY STATEWIDE OFFICE, STATE LEGISLATIVE
   28  OFFICE OR CONSTITUTIONAL CONVENTION DELEGATE NO CONTRIBUTOR MAY  MAKE  A
   29  CONTRIBUTION  TO ANY PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S PARTIC-
   30  IPATING COMMITTEE,  AND  NO  PARTICIPATING  CANDIDATE  OR  PARTICIPATING
   31  COMMITTEE MAY ACCEPT ANY CONTRIBUTION FROM ANY CONTRIBUTOR WHICH, IN THE
   32  AGGREGATE AMOUNT, IS GREATER THAN TWO THOUSAND DOLLARS.
   33    2.  (A) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE
   34  AS FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT  PUBLIC
   35  FUNDS,  A PARTICIPATING CANDIDATE FOR GOVERNOR OR LIEUTENANT GOVERNOR IN
   36  A PRIMARY OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING  COMMIT-
   37  TEE  MAY  ACCEPT  FROM A STATE CONSTITUTED COMMITTEE WHICH HAS NOMINATED
   38  SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE,  DOES  NOT
   39  EXCEED  TWO  MILLION  FIVE  HUNDRED THOUSAND DOLLARS; PROVIDED, HOWEVER,
   40  THAT TWENTY-FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A
   41  TRANSFER.
   42    (B) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE  AS
   43  FIXED  BY  THIS  TITLE  FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
   44  FUNDS, A PARTICIPATING CANDIDATE FOR ATTORNEY GENERAL OR COMPTROLLER  IN
   45  A  PRIMARY OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING COMMIT-
   46  TEE MAY ACCEPT FROM A STATE CONSTITUTED COMMITTEE  WHICH  HAS  NOMINATED
   47  SUCH  CANDIDATE  SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT
   48  EXCEED ONE MILLION DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE  PERCENT
   49  OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
   50    (C)  NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS
   51  FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE  ELECTED  TO  ACCEPT  PUBLIC
   52  FUNDS, A PARTICIPATING CANDIDATE FOR STATE SENATOR IN A PRIMARY, GENERAL
   53  OR  SPECIAL  ELECTION  OR  SUCH  CANDIDATE'S PARTICIPATING COMMITTEE MAY
   54  ACCEPT FROM A STATE  CONSTITUTED  COMMITTEE  WHICH  HAS  NOMINATED  SUCH
   55  CANDIDATE  SERVICES  IN    AN  AMOUNT  WHICH, IN THE AGGREGATE, DOES NOT
       S. 4007                             7
    1  EXCEED ONE HUNDRED THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE
    2  PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
    3    (D)  NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS
    4  FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE  ELECTED  TO  ACCEPT  PUBLIC
    5  FUNDS,  A PARTICIPATING CANDIDATE FOR MEMBER OF THE ASSEMBLY IN A PRIMA-
    6  RY, GENERAL  OR  SPECIAL  ELECTION  OR  SUCH  CANDIDATE'S  PARTICIPATING
    7  COMMITTEE  MAY ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS NOMI-
    8  NATED SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES
    9  NOT EXCEED FIFTY THOUSAND DOLLARS; PROVIDED, HOWEVER,  THAT  TWENTY-FIVE
   10  PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
   11    (E)  NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS
   12  FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE  ELECTED  TO  ACCEPT  PUBLIC
   13  FUNDS,  A  PARTICIPATING  CANDIDATE FOR DELEGATE AT-LARGE TO A CONSTITU-
   14  TIONAL CONVENTION IN A GENERAL ELECTION OR SUCH CANDIDATE'S  PARTICIPAT-
   15  ING  COMMITTEE  MAY  ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS
   16  NOMINATED SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE  AGGREGATE,
   17  DOES  NOT EXCEED FIFTY THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-
   18  FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
   19    (F) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE  AS
   20  FIXED  BY  THIS  TITLE  FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
   21  FUNDS, A PARTICIPATING CANDIDATE FOR DISTRICT DELEGATE  TO  A  CONSTITU-
   22  TIONAL  CONVENTION IN A GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPAT-
   23  ING COMMITTEE MAY ACCEPT FROM A STATE CONSTITUTED  COMMITTEE  WHICH  HAS
   24  NOMINATED  SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE,
   25  DOES  NOT  EXCEED  TEN  THOUSAND  DOLLARS;   PROVIDED,   HOWEVER,   THAT
   26  TWENTY-FIVE  PERCENT  OF  SUCH  AMOUNT  MAY BE ACCEPTED IN THE FORM OF A
   27  TRANSFER.
   28    (G) FOR PURPOSES OF  THIS  SUBDIVISION,  THE  TERM  STATE  CONSTITUTED
   29  COMMITTEE INCLUDES ANY OF ITS SUBCOMMITTEES.
   30    3. NOTWITHSTANDING ANY PUBLIC FUNDS RECEIPT LIMIT IN THIS SUBDIVISION,
   31  EACH  COUNTY  COMMITTEE  OF  ANY  PARTY  WHICH NOMINATES A CANDIDATE FOR
   32  STATEWIDE OFFICE OR STATE LEGISLATIVE OFFICE, INCLUDING WITHIN THE  TERM
   33  COUNTY COMMITTEE ANY OF ITS SUBCOMMITTEES, MAY EXPEND IN SUPPORT OF SUCH
   34  PARTY'S  CANDIDATES FOR STATEWIDE OFFICE OR STATE LEGISLATIVE OFFICE WHO
   35  HAS AGREED TO ACCEPT PUBLIC FINANCING, AN AMOUNT WHICH SHALL NOT  EXCEED
   36  THE  SUM OF TWO CENTS FOR EACH VOTER REGISTERED IN SUCH COUNTY AS DETER-
   37  MINED BY THE RECORDS OF THE APPROPRIATE BOARD OF  ELECTIONS  AS  OF  THE
   38  PRECEDING GENERAL ELECTION.
   39    4.  IN  COMPUTING  THE  AGGREGATE AMOUNT EXPENDED FOR PURPOSES OF THIS
   40  SECTION, EXPENDITURES MADE BY A STATE CONSTITUTED COMMITTEE OR A  COUNTY
   41  COMMITTEE IN SUPPORT OF MORE THAN ONE CANDIDATE SHALL BE ALLOCATED AMONG
   42  SUCH  CANDIDATES  SUPPORTED BY THE COMMITTEE IN ACCORDANCE WITH FORMULAS
   43  PROMULGATED BY THE CAMPAIGN FINANCE BOARD OR, IN  THE  ABSENCE  OF  SUCH
   44  OFFICIAL  FORMULAS,  IN  ACCORDANCE WITH A FORMULA BASED UPON REASONABLE
   45  STANDARDS. THE STATEMENTS FILED BY SUCH CONSTITUTED COMMITTEE IN ACCORD-
   46  ANCE WITH THIS CHAPTER SHALL SET FORTH, IN ADDITION TO THE OTHER  INFOR-
   47  MATION  REQUIRED,  THE  TOTAL  AMOUNT EXPENDED BY THE PARTY COMMITTEE ON
   48  BEHALF OF ALL SUCH CANDIDATES AND THE AMOUNT ALLOCATED TO EACH CANDIDATE
   49  BY DOLLAR AMOUNT AND PERCENTAGE.  EXPENDITURES BY A PARTY FOR ACTIVITIES
   50  WHICH DO NOT SUPPORT OR OPPOSE THE ELECTION OF ANY CANDIDATE  OR  CANDI-
   51  DATES  BY  NAME  OR BY CLEAR INFERENCE SHALL NOT BE REGARDED AS EXPENDI-
   52  TURES ON BEHALF OF OR IN OPPOSITION TO A CANDIDATE.
   53    5. A PARTICIPATING CANDIDATE FOR A  PUBLIC  OFFICE  FOR  WHICH  PUBLIC
   54  FUNDS ARE AVAILABLE PURSUANT TO THIS TITLE SHALL NOT ACCEPT ANY CONTRIB-
   55  UTIONS  ANY EARLIER THAN ONE DAY AFTER THE PREVIOUS GENERAL ELECTION FOR
   56  THE OFFICE WHICH SUCH CANDIDATE IS SEEKING, OR ANY LATER THAN THE DAY OF
       S. 4007                             8
    1  THE GENERAL ELECTION FOR THE OFFICE SOUGHT, EXCEPT THAT A  PARTICIPATING
    2  CANDIDATE  OR  PARTICIPATING COMMITTEE WHICH HAS A DEFICIT ON THE DAY OF
    3  THE GENERAL ELECTION MAY, AFTER SUCH DATE, ACCEPT CONTRIBUTIONS WHICH DO
    4  NOT EXCEED THE AMOUNT OF SUCH DEFICIT AND THE EXPENSES INCURRED IN RAIS-
    5  ING SUCH CONTRIBUTIONS OR THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED
    6  BY  THIS  TITLE  FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS.
    7  CONTRIBUTIONS TO A PARTICIPATING CANDIDATE  OR  PARTICIPATING  COMMITTEE
    8  WHICH  WERE  RECEIVED BEFORE THE EFFECTIVE DATE OF THIS TITLE MAY NOT BE
    9  EXPENDED IN ANY ELECTION FOR ANY SUCH OFFICE.
   10    6. EXCEPT FOR THE LIMITATIONS SPECIFICALLY SET FORTH IN THIS  SECTION,
   11  PARTICIPATING  CANDIDATES  SHALL  BE  SUBJECT  TO THE PROVISIONS OF THIS
   12  ARTICLE.
   13    S 14-210. LIMITATIONS ON THE RECEIPT OF PUBLIC FUNDS.   THE  FOLLOWING
   14  LIMITATIONS APPLY TO THE RECEIPT OF PUBLIC FUNDS BY PARTICIPATING CANDI-
   15  DATES  AND  THEIR  PARTICIPATING  COMMITTEES RECEIVING SUCH PUBLIC FUNDS
   16  PURSUANT TO THE PROVISIONS OF THIS TITLE:
   17    1. IN ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS  BY  PARTICIPATING
   18  CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
   19    (I) FOR GOVERNOR, THE SUM OF NINE MILLION DOLLARS;
   20    (II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
   21  OF SIX MILLION DOLLARS;
   22    (III) FOR SENATOR, THE SUM OF THREE HUNDRED FIFTY THOUSAND DOLLARS;
   23    (IV) FOR MEMBER OF THE ASSEMBLY, THE SUM OF ONE HUNDRED FIFTY THOUSAND
   24  DOLLARS;
   25    (V)  FOR  AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION, THE SUM OF
   26  ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS;
   27    (VI) FOR DISTRICT DELEGATES TO A CONSTITUTIONAL CONVENTION, THE SUM OF
   28  FIFTY THOUSAND DOLLARS.
   29    2. IN ANY GENERAL OR SPECIAL ELECTION,  RECEIPT  OF  PUBLIC  FUNDS  BY
   30  PARTICIPATING  CANDIDATES FOR THE FOLLOWING OFFICES AND BY THEIR PARTIC-
   31  IPATING COMMITTEES SHALL NOT EXCEED THE FOLLOWING AMOUNTS:
   32    CANDIDATES FOR ELECTION TO THE OFFICE OF:
   33    GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED)                $12,000,000
   34    ATTORNEY GENERAL                                           $8,000,000
   35    COMPTROLLER                                                $8,000,000
   36    MEMBER OF SENATE                                           $350,000
   37    MEMBER OF ASSEMBLY                                         $150,000
   38    DELEGATE AT-LARGE TO A CONSTITUTIONAL CONVENTION           $350,000
   39    DISTRICT DELEGATE TO A CONSTITUTIONAL CONVENTION           $75,000
   40    3. PARTICIPATING CANDIDATES FOR OFFICE WHO ARE UNOPPOSED IN THE PRIMA-
   41  RY ELECTION MAY RECEIVE PUBLIC FUNDS BEFORE THE  PRIMARY  ELECTION,  FOR
   42  SERVICES,  MATERIALS  OR  FACILITIES  USED ON OR BEFORE THE DATE OF SUCH
   43  PRIMARY ELECTION, AN AMOUNT EQUAL TO HALF THE SUM SUCH CANDIDATES  WOULD
   44  BE ENTITLED TO RECEIVE IF THEIR NOMINATION WAS CONTESTED IN SUCH PRIMARY
   45  ELECTION  PROVIDED  THERE  IS A PRIMARY CONTEST FOR THE NOMINATION OF AT
   46  LEAST ONE OTHER PARTY FOR SUCH OFFICE.
   47    4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  AMOUNT  OF
   48  PRIVATE  FUNDS  A  PARTICIPATING  CANDIDATE  MAY  RECEIVE SUBJECT TO THE
   49  CONTRIBUTION LIMITS CONTAINED IN SECTION 14-208 OF THIS TITLE.
   50    S 14-212. CAMPAIGN FINANCE BOARD; GENERAL POWERS AND DUTIES. 1.  THERE
   51  SHALL BE A BOARD WITHIN THE  STATE  BOARD  OF  ELECTIONS  KNOWN  AS  THE
   52  "CAMPAIGN  FINANCE  BOARD" COMPOSED OF FIVE MEMBERS, OF WHICH ONE MEMBER
   53  SHALL BE APPOINTED BY THE GOVERNOR AND ONE MEMBER SHALL BE APPOINTED  BY
   54  EACH  LEGISLATIVE  LEADER  OF THE SENATE AND ASSEMBLY.  NO MEMBER OF THE
   55  CAMPAIGN FINANCE BOARD SHALL HOLD ELECTIVE OFFICE, NOR SHALL ANY  MEMBER
   56  BE  A  LOBBYIST  AS  DEFINED  IN SUBDIVISION (A) OF SECTION ONE-C OF THE
       S. 4007                             9
    1  LEGISLATIVE LAW.  THE  CHAIR  SHALL  BE  RESPONSIBLE  FOR  MANAGING  THE
    2  CAMPAIGN  FINANCE BOARD. THE MEMBERS SHALL EACH SERVE FOR A TERM OF FOUR
    3  YEARS.
    4    2.  EACH  MEMBER'S  TERM  SHALL  COMMENCE  ON JUNE FIRST, TWO THOUSAND
    5  SIXTEEN. IN CASE OF A VACANCY IN THE OFFICE OF A MEMBER, A MEMBER  SHALL
    6  BE  APPOINTED  ACCORDING  TO  THE  ORIGINAL  MANNER OF APPOINTMENT. EACH
    7  MEMBER SHALL BE A RESIDENT OF THE STATE OF NEW YORK  AND  REGISTERED  TO
    8  VOTE  THEREIN.  EACH  MEMBER  SHALL AGREE NOT TO MAKE AND SHALL NOT MAKE
    9  CONTRIBUTIONS TO ANY CANDIDATE OR AUTHORIZED  COMMITTEE  FOR  NOMINATION
   10  FOR  ELECTION  OR  FOR  ELECTION  TO THE OFFICE OF STATE COMPTROLLER. NO
   11  MEMBER SHALL SERVE AS AN OFFICER OF A POLITICAL PARTY OR COMMITTEE OR BE
   12  A CANDIDATE OR PARTICIPATE IN ANY CAPACITY IN A CAMPAIGN BY A  CANDIDATE
   13  FOR  NOMINATION  FOR  ELECTION,  OR  FOR ELECTION TO THE OFFICE OF STATE
   14  COMPTROLLER. AN OFFICER OR EMPLOYEE OF THE STATE  OR  ANY  STATE  AGENCY
   15  SHALL NOT BE ELIGIBLE TO BE A MEMBER OF THE CAMPAIGN FINANCE BOARD.
   16    3.  THE  MEMBERS  OF  THE  CAMPAIGN FINANCE BOARD SHALL BE ENTITLED TO
   17  RECEIVE PAYMENT FOR  ACTUAL  AND  NECESSARY  EXPENSES  INCURRED  IN  THE
   18  PERFORMANCE OF THEIR DUTIES AS MEMBERS OF SUCH BOARD.
   19    4.    THE  CAMPAIGN FINANCE BOARD MAY EMPLOY OR SHALL UTILIZE EXISTING
   20  STAFF OF THE STATE BOARD OF ELECTIONS AS MAY BE NECESSARY, INCLUDING  AN
   21  EXECUTIVE  DIRECTOR  AND  A  COUNSEL,  AND  MAKE  NECESSARY EXPENDITURES
   22  SUBJECT TO APPROPRIATION. THE CAMPAIGN FINANCE  BOARD  SHALL  RETAIN  AN
   23  INDEPENDENT  AUDITOR  TO PERFORM ONGOING AUDITS OF EACH COVERED ELECTION
   24  BY CONTRACT ENTERED INTO PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE  OF
   25  THE STATE FINANCE LAW.
   26    5.  A MEMBER OF THE CAMPAIGN FINANCE BOARD MAY BE REMOVED FOR CAUSE BY
   27  THE APPOINTING AUTHORITY UPON NOTICE AND AN OPPORTUNITY FOR A HEARING.
   28    6. IN ADDITION TO THE ENFORCEMENT POWERS, AND  ANY  OTHER  POWERS  AND
   29  DUTIES SPECIFIED BY LAW, THE CAMPAIGN FINANCE BOARD SHALL:
   30    (A)  (I)  RENDER  ADVISORY  OPINIONS WITH RESPECT TO QUESTIONS ARISING
   31  UNDER THIS TITLE UPON THE WRITTEN REQUEST OF A CANDIDATE, AN OFFICER  OF
   32  A  POLITICAL  COMMITTEE  OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITI-
   33  ATIVE; (II) PROMULGATE RULES REGARDING REASONABLE TIMES  TO  RESPOND  TO
   34  SUCH REQUESTS; AND (III) MAKE PUBLIC THE QUESTIONS OF INTERPRETATION FOR
   35  WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE CAMPAIGN FINANCE BOARD
   36  AND ITS ADVISORY OPINIONS, INCLUDING BY PUBLICATION ON ITS WEB SITE;
   37    (B)  DEVELOP  A  PROGRAM FOR INFORMING AND TRAINING CANDIDATES AND THE
   38  PUBLIC AS TO THE PURPOSE AND EFFECT OF THE  PROVISIONS  OF  THIS  TITLE,
   39  INCLUDING BY MEANS OF A WEB SITE;
   40    (C)  HAVE  THE  AUTHORITY TO PROMULGATE SUCH RULES AND REGULATIONS AND
   41  PRESCRIBE SUCH FORMS AS THE CAMPAIGN FINANCE BOARD DEEMS  NECESSARY  FOR
   42  THE ADMINISTRATION OF THIS TITLE; AND
   43    (D) IN CONJUNCTION WITH THE STATE BOARD OF ELECTIONS DEVELOP AN INTER-
   44  ACTIVE,  SEARCHABLE COMPUTER DATABASE THAT SHALL CONTAIN ALL INFORMATION
   45  NECESSARY FOR THE PROPER ADMINISTRATION OF THIS TITLE INCLUDING INFORMA-
   46  TION ON CONTRIBUTIONS  TO  AND  EXPENDITURES  BY  CANDIDATES  AND  THEIR
   47  AUTHORIZED  COMMITTEES  AND  DISTRIBUTIONS  OF  MONEYS FROM THE FUND AND
   48  SHALL BE ACCESSIBLE TO THE PUBLIC ON THE STATE BOARD OF  ELECTIONS'  WEB
   49  SITE.
   50    7.  CONSISTENT WITH THE PROVISIONS OF THE CIVIL SERVICE LAW AND SUBDI-
   51  VISION SEVENTEEN OF SECTION SEVENTY-THREE OF THE  PUBLIC  OFFICERS  LAW,
   52  AND NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, ALL
   53  POSITIONS ON THE STAFF OF THE CAMPAIGN FINANCE BOARD SHALL BE CLASSIFIED
   54  IN  THE  EXEMPT  CLASS  OF THE CIVIL SERVICE AND SUCH POSITIONS SHALL BE
   55  FILLED, TO THE EXTENT POSSIBLE, WITH AN EQUAL  NUMBER  OF  PERSONS  FROM
   56  EACH  OF  THE  TWO  POLITICAL PARTIES FOR WHICH THE HIGHEST AND THE NEXT
       S. 4007                            10
    1  HIGHEST NUMBER OF VOTES WERE CAST FOR THE OFFICE OF STATE COMPTROLLER AT
    2  THE LAST PRECEDING GENERAL ELECTION FOR SUCH OFFICE.
    3    8.  THE  CAMPAIGN  FINANCE BOARD'S ADMINISTRATION OF THE FUND SHALL BE
    4  GOVERNED BY THE PROVISIONS OF THIS TITLE AND SECTION NINETY-TWO-T OF THE
    5  STATE FINANCE LAW.
    6    9. THE CAMPAIGN FINANCE BOARD AND ITS PROCEEDINGS SHALL BE GOVERNED BY
    7  THE STATE ADMINISTRATIVE PROCEDURE ACT AND SUBJECT TO ARTICLES  SIX  AND
    8  SEVEN OF THE PUBLIC OFFICERS LAW.
    9    10.  THE  CAMPAIGN  FINANCE  BOARD  MAY TAKE SUCH OTHER ACTIONS AS ARE
   10  NECESSARY AND PROPER TO CARRY OUT THE PURPOSES OF THIS TITLE.
   11    S 14-214. EXAMINATIONS AND AUDITS. 1. THE CAMPAIGN FINANCE BOARD SHALL
   12  CONDUCT A THOROUGH EXAMINATION AND AUDIT OF THE CONTRIBUTIONS AND QUALI-
   13  FIED CAMPAIGN EXPENSES OF THE PARTICIPATING COMMITTEE OF  EVERY  PARTIC-
   14  IPATING  CANDIDATE  WHO  RECEIVED PAYMENTS PURSUANT TO SECTION 14-206 OF
   15  THIS TITLE.   SUCH AUDITS  SHALL  BE  CONDUCTED  AS  FREQUENTLY  AS  THE
   16  CAMPAIGN  FINANCE  BOARD  DEEMS NECESSARY TO ENSURE COMPLIANCE WITH THIS
   17  TITLE.  EVERY CANDIDATE WHO RECEIVES PUBLIC MATCHING  FUNDS  UNDER  THIS
   18  TITLE SHALL ALSO BE AUDITED BY THE CAMPAIGN FINANCE BOARD POST-ELECTION.
   19  THE  COST  OF COMPLYING WITH A POST-ELECTION AUDIT SHALL BE BORNE BY THE
   20  CANDIDATE'S AUTHORIZED COMMITTEE. A CANDIDATE WHO  HAS  RECEIVED  PUBLIC
   21  MATCHING  FUNDS UNDER THIS TITLE MUST MAINTAIN A RESERVE OF AT LEAST ONE
   22  PERCENT OF THE TOTAL AMOUNT OF MATCHING FUNDS RECEIVED BY SUCH CANDIDATE
   23  IN HIS OR HER CAMPAIGN ACCOUNT TO COMPLY WITH THE POST-ELECTION AUDIT. A
   24  CANDIDATE WHO RUNS IN BOTH A PRIMARY AND A GENERAL ELECTION, MUST  MAIN-
   25  TAIN  A  RESERVE  OF  ONE PERCENT OF THE TOTAL AMOUNT OF PUBLIC MATCHING
   26  FUNDS RECEIVED BY SUCH CANDIDATE FOR BOTH HIS OR HER PRIMARY AND GENERAL
   27  ELECTION. A CANDIDATE MAY USE PUBLIC MATCHING FUNDS, PRIVATE FUNDS OR  A
   28  COMBINATION  OF  PUBLIC AND PRIVATE FUNDS TO COMPLY WITH A POST-ELECTION
   29  AUDIT. THE CAMPAIGN FINANCE BOARD SHALL ISSUE TO EACH  CAMPAIGN  AUDITED
   30  THE FINAL POST-ELECTION AUDIT REPORT THAT DETAILS ITS FINDINGS AND SHALL
   31  PROVIDE SUCH AUDIT TO THE GOVERNOR AND LEGISLATIVE LEADERS AND MAKE SUCH
   32  AUDIT REPORT AVAILABLE ON THE STATE BOARD OF ELECTIONS' WEB SITE.
   33    2.  (A)  IF  THE CAMPAIGN FINANCE BOARD DETERMINES THAT ANY PORTION OF
   34  THE PAYMENT MADE TO A PARTICIPATING  COMMITTEE  FROM  THE  FUND  WAS  IN
   35  EXCESS OF THE AGGREGATE AMOUNT OF PAYMENTS TO WHICH SUCH ELIGIBLE CANDI-
   36  DATE  WAS  ENTITLED  PURSUANT  TO SECTION 14-206 OF THIS TITLE, IT SHALL
   37  NOTIFY SUCH COMMITTEE OF THE EXCESS AMOUNT AND SUCH COMMITTEE SHALL  PAY
   38  TO  THE  CAMPAIGN  FINANCE BOARD AN AMOUNT EQUAL TO THE AMOUNT OF EXCESS
   39  PAYMENTS; PROVIDED, HOWEVER, THAT IF THE ERRONEOUS PAYMENT WAS DUE TO AN
   40  ERROR MADE BY THE CAMPAIGN FINANCE BOARD,  THEN  THE  ERRONEOUS  PAYMENT
   41  WILL  BE  OFFSET  AGAINST  ANY FUTURE PAYMENT, IF ANY. THE PARTICIPATING
   42  CANDIDATE AND HIS OR HER PARTICIPATING COMMITTEE SHALL  BE  JOINTLY  AND
   43  SEVERALLY  LIABLE  FOR  ANY REPAYMENTS DUE TO THE CAMPAIGN FINANCE BOARD
   44  FOR DEPOSIT BY SUCH BOARD INTO THE NEW YORK STATE CAMPAIGN FUND.
   45    (B) IF THE BOARD DETERMINES THAT ANY  AMOUNT  OF  PAYMENT  MADE  TO  A
   46  PARTICIPATING  COMMITTEE  FROM THE FUND WAS USED FOR PURPOSES OTHER THAN
   47  TO DEFRAY QUALIFIED CAMPAIGN EXPENSES, IT SHALL NOTIFY SUCH  PARTICIPAT-
   48  ING  COMMITTEE OF THE AMOUNT DISQUALIFIED AND SUCH PARTICIPATING COMMIT-
   49  TEE SHALL PAY TO THE CAMPAIGN FINANCE BOARD  AN  AMOUNT  EQUAL  TO  SUCH
   50  DISQUALIFIED  AMOUNT.   SUCH MONIES SHALL BE DEPOSITED INTO THE NEW YORK
   51  STATE CAMPAIGN FINANCE FUND CREATED PURSUANT TO SECTION NINETY-TWO-T  OF
   52  THE  STATE  FINANCE  LAW.   THE CANDIDATE AND THE CANDIDATE'S AUTHORIZED
   53  COMMITTEE SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY  REPAYMENTS  DUE
   54  TO THE CAMPAIGN FINANCE BOARD.
   55    (C)  IF THE TOTAL OF CONTRIBUTIONS AND PAYMENTS FROM THE FUND RECEIVED
   56  BY  ANY  PARTICIPATING  CANDIDATE  AND  SUCH  CANDIDATE'S  PARTICIPATING
       S. 4007                            11
    1  COMMITTEE,  EXCEEDS THE PUBLIC FUNDING RECEIPT LIMITATION OF SUCH CANDI-
    2  DATE AND COMMITTEE, SUCH CANDIDATE AND COMMITTEE SHALL USE  SUCH  EXCESS
    3  FUNDS TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH COMMITTEE FROM
    4  THE  FUND NOT LATER THAN TEN DAYS AFTER ALL PERMISSIBLE LIABILITIES HAVE
    5  BEEN PAID AND IN ANY EVENT, NOT LATER THAN TWENTY DAYS AFTER THE DATE ON
    6  WHICH THE CAMPAIGN FINANCE BOARD ISSUES ITS FINAL AUDIT REPORT  FOR  THE
    7  PARTICIPATING CANDIDATE'S COMMITTEE; PROVIDED, HOWEVER, THAT ALL UNSPENT
    8  MATCHING  FUNDS  FOR  A PARTICIPATING CANDIDATE SHALL BE IMMEDIATELY DUE
    9  AND PAYABLE TO THE CAMPAIGN FINANCE BOARD FOR DEPOSIT INTO THE NEW  YORK
   10  STATE  CAMPAIGN FINANCE FUND UPON ITS DETERMINATION THAT THE PARTICIPANT
   11  WILLFULLY DELAYED  THE  POST-ELECTION  AUDIT  PROCESS.  A  PARTICIPATING
   12  CANDIDATE  MAY  MAKE  POST-ELECTION EXPENDITURES ONLY FOR ROUTINE ACTIV-
   13  ITIES INVOLVING NOMINAL COSTS ASSOCIATED  WITH  ENDING  A  CAMPAIGN  AND
   14  RESPONDING TO THE POST-ELECTION AUDIT.
   15    3. IF A COURT OF COMPETENT JURISDICTION DISQUALIFIES A CANDIDATE WHOSE
   16  PARTICIPATING  COMMITTEE  HAS  RECEIVED PUBLIC FUNDS ON THE GROUNDS THAT
   17  SUCH CANDIDATE COMMITTED FRAUDULENT ACTS IN ORDER TO OBTAIN A  PLACE  ON
   18  THE  BALLOT  AND  SUCH  DECISION IS NOT REVERSED BY A HIGHER COURT, SUCH
   19  CANDIDATE AND SUCH CANDIDATE'S PARTICIPATING COMMITTEE SHALL PAY TO  THE
   20  CAMPAIGN  FINANCE  BOARD  AN  AMOUNT  EQUAL TO THE TOTAL OF PUBLIC FUNDS
   21  RECEIVED BY SUCH PARTICIPATING COMMITTEE.
   22    4. THE BOARD MUST PROVIDE WRITTEN NOTICE OF ALL PAYMENTS  DUE  FROM  A
   23  PARTICIPATING  CANDIDATE  OR SUCH CANDIDATE'S COMMITTEE TO THE BOARD AND
   24  PROVIDE AN OPPORTUNITY FOR THE CANDIDATE OR COMMITTEE TO REBUT, IN WHOLE
   25  OR IN PART, THE ALLEGED AMOUNT DUE. UPON A FINAL  WRITTEN  DETERMINATION
   26  BY  THE  BOARD,  THE AMOUNT DUE SHALL BE PAID TO THE BOARD WITHIN THIRTY
   27  DAYS OF SUCH DETERMINATION.
   28    5. ALL PAYMENTS RECEIVED BY THE BOARD PURSUANT TO THIS  SECTION  SHALL
   29  BE  DEPOSITED IN THE NEW YORK STATE CAMPAIGN FINANCE FUND ESTABLISHED BY
   30  SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
   31    S 14-216. CIVIL ENFORCEMENT. 1. ANY PERSON OR AUTHORIZED COMMITTEE WHO
   32  KNOWINGLY AND WILFULLY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS
   33  OF THIS TITLE SHALL BE SUBJECT TO A CIVIL  PENALTY  NOT  TO  EXCEED  THE
   34  AMOUNT OF FIVE THOUSAND DOLLARS.
   35    2.  ANY PERSON OR AUTHORIZED COMMITTEE WHO KNOWINGLY AND INTENTIONALLY
   36  VIOLATES ANY OTHER PROVISION OF THIS TITLE OR ANY RULE PROMULGATED HERE-
   37  UNDER SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED  THE  AMOUNT  OF
   38  TEN THOUSAND DOLLARS.
   39    3. FINES AUTHORIZED UNDER THIS SECTION WILL BE IMPOSED BY THE CAMPAIGN
   40  FINANCE  BOARD AFTER A HEARING AT WHICH THE SUBJECT PERSON OR AUTHORIZED
   41  COMMITTEE SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD. SUCH HEARING  SHALL
   42  BE  HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY BE PRESCRIBED BY THE
   43  RULES OF THE CAMPAIGN FINANCE BOARD. FOR  PURPOSES  OF  CONDUCTING  SUCH
   44  HEARINGS,  THE  CAMPAIGN  FINANCE  BOARD SHALL BE DEEMED TO BE AN AGENCY
   45  WITHIN THE MEANING OF ARTICLE THREE OF THE STATE  ADMINISTRATIVE  PROCE-
   46  DURE  ACT  AND  SHALL  ADOPT RULES GOVERNING THE CONDUCT OF ADJUDICATORY
   47  PROCEEDINGS AND APPEALS TAKEN PURSUANT TO A PROCEEDING  COMMENCED  UNDER
   48  ARTICLE  SEVENTY-EIGHT  OF  THE CIVIL PRACTICE LAW AND RULES RELATING TO
   49  THE ASSESSMENT OF THE CIVIL PENALTIES HEREIN AUTHORIZED.
   50    4. THE CAMPAIGN FINANCE BOARD SHALL PUBLISH  ON  THE  STATE  BOARD  OF
   51  ELECTIONS'  WEB  SITE  THE  FINAL  ORDER ADJUDICATING ANY MATTER BROUGHT
   52  PURSUANT TO THIS SECTION.
   53    5. ALL PAYMENTS RECEIVED BY THE CAMPAIGN  FINANCE  BOARD  PURSUANT  TO
   54  THIS  SECTION  SHALL BE DEPOSITED IN THE NEW YORK STATE CAMPAIGN FINANCE
   55  FUND ESTABLISHED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
       S. 4007                            12
    1    S 14-218. CRIMINAL PENALTIES. 1. ANY PERSON WHO KNOWINGLY AND WILLFUL-
    2  LY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS OF THIS TITLE WITH-
    3  IN TEN DAYS AFTER THE DATE PROVIDED FOR SUCH, OR ANYONE  THAT  KNOWINGLY
    4  AND WILLFULLY VIOLATES ANY OTHER PROVISION OF THIS TITLE SHALL BE GUILTY
    5  OF  A  MISDEMEANOR  AND,  IN  ADDITION TO SUCH OTHER PENALTIES AS MAY BE
    6  PROVIDED BY LAW, SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT  OF
    7  TEN THOUSAND DOLLARS.
    8    2. ANY PERSON WHO KNOWINGLY AND WILLFULLY CONTRIBUTES, ACCEPTS OR AIDS
    9  OR  PARTICIPATES  IN THE CONTRIBUTION OR ACCEPTANCE OF A CONTRIBUTION IN
   10  AN AMOUNT EXCEEDING AN APPLICABLE  MAXIMUM  SPECIFIED  IN  THIS  ARTICLE
   11  SHALL  BE  GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A FINE NOT TO
   12  EXCEED THE AMOUNT OF TEN THOUSAND DOLLARS.
   13    3. ANY PERSON WHO KNOWINGLY AND WILLFULLY MAKES A FALSE  STATEMENT  OR
   14  KNOWINGLY  OMITS  A  MATERIAL  FACT  TO THE CAMPAIGN FINANCE BOARD OR AN
   15  AUDITOR DESIGNATED BY  THE  CAMPAIGN  FINANCE  BOARD  DURING  ANY  AUDIT
   16  CONDUCTED  PURSUANT TO SECTION 14-214 OF THIS TITLE SHALL BE GUILTY OF A
   17  CLASS E FELONY.
   18    4. IN ADDITION TO ANY OTHER SENTENCE LAWFULLY IMPOSED UPON  A  FINDING
   19  OF  GUILT IN A CRIMINAL PROSECUTION COMMENCED PURSUANT TO THE PROVISIONS
   20  OF THIS SECTION, THE COURT  MAY  ORDER  A  DEFENDANT  TO  REPAY  TO  THE
   21  CAMPAIGN FINANCE BOARD ANY PUBLIC MATCHING FUNDS OBTAINED AS A RESULT OF
   22  ANY CRIMINAL CONDUCT.
   23    5.  ALL  SUCH PROSECUTIONS FOR CRIMINAL ACTS UNDER THIS TITLE SHALL BE
   24  PROSECUTED BY THE ATTORNEY GENERAL OF THE STATE OF NEW YORK.
   25    6. ANY AND ALL FINES IMPOSED PURSUANT TO THIS SECTION  SHALL  BE  MADE
   26  PAYABLE  TO  THE  CAMPAIGN  FINANCE  BOARD FOR DEPOSIT INTO THE NEW YORK
   27  STATE CAMPAIGN FINANCE FUND.
   28    S 14-220. REPORTS. THE CAMPAIGN FINANCE BOARD SHALL SUBMIT A REPORT TO
   29  THE GOVERNOR AND LEGISLATIVE LEADERS ON OR BEFORE  FEBRUARY  FIRST,  TWO
   30  THOUSAND NINETEEN, AND EVERY FOUR YEARS THEREAFTER, WHICH SHALL INCLUDE:
   31    1.  A  LIST  OF  THE  PARTICIPATING AND NONPARTICIPATING CANDIDATES IN
   32  COVERED ELECTIONS AND THE VOTES RECEIVED  BY  EACH  CANDIDATE  IN  THOSE
   33  ELECTIONS;
   34    2.  THE  AMOUNT  OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES
   35  MADE, ON BEHALF OF PARTICIPATING AND NONPARTICIPATING CANDIDATES;
   36    3. THE AMOUNT OF PUBLIC MATCHING FUNDS  EACH  PARTICIPATING  CANDIDATE
   37  RECEIVED, SPENT, AND REPAID PURSUANT TO THIS ARTICLE;
   38    4.  ANALYSIS OF THE EFFECT OF THIS TITLE ON THE ELECTION CAMPAIGNS FOR
   39  ALL OFFICES COVERED UNDER SECTION 14-203 OF THIS  TITLE,  INCLUDING  ITS
   40  EFFECT  ON  THE  SOURCES  AND AMOUNTS OF PRIVATE FINANCING, THE LEVEL OF
   41  CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE  NUMBER  OF  CANDIDATES,
   42  THE CANDIDATES' ABILITIES TO CAMPAIGN EFFECTIVELY FOR PUBLIC OFFICE, AND
   43  THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
   44    5.  RECOMMENDATIONS FOR CHANGES OR AMENDMENTS TO THIS TITLE, INCLUDING
   45  CHARGES IN CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY AND LIMITS ON
   46  TOTAL MATCHING FUNDS AS WELL AS INSTITUTING A  PROGRAM  OF  FULL  PUBLIC
   47  CAMPAIGN FINANCING FOR ELECTION FOR ALL STATEWIDE OFFICES; AND
   48    6.  ANY  OTHER INFORMATION THAT THE CAMPAIGN FINANCE BOARD DEEMS RELE-
   49  VANT.
   50    S 14-222. DEBATES. THE CAMPAIGN FINANCE BOARD SHALL  PROMULGATE  REGU-
   51  LATIONS  TO  FACILITATE DEBATES AMONG PARTICIPATING CANDIDATES.  PARTIC-
   52  IPATING CANDIDATES ARE REQUIRED TO PARTICIPATE IN AT  LEAST  ONE  DEBATE
   53  BEFORE THE PRIMARY ELECTION AND IN AT LEAST ONE DEBATE BEFORE THE GENER-
   54  AL  ELECTION  FOR  WHICH THE CANDIDATE RECEIVES PUBLIC FUNDS, UNLESS THE
   55  PARTICIPATING CANDIDATE IS RUNNING UNOPPOSED. A NONPARTICIPATING  CANDI-
   56  DATE MAY BE A PARTY TO SUCH DEBATES.
       S. 4007                            13
    1    S  14-224.  DISTRIBUTIONS  FROM CAMPAIGN FINANCE FUND. 1. THIS SECTION
    2  GOVERNS THE CAMPAIGN FINANCE BOARD'S DISTRIBUTION   OF  FUNDS  FROM  THE
    3  CAMPAIGN  FINANCE  FUND  CREATED  BY  SECTION  NINETY-TWO-T OF THE STATE
    4  FINANCE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE.
    5    2.  NO  MONEYS  SHALL BE PAID TO PARTICIPATING CANDIDATES IN A PRIMARY
    6  ELECTION ANY EARLIER THAN TWO WEEKS AFTER THE LAST DAY TO FILE DESIGNAT-
    7  ING PETITIONS FOR SUCH PRIMARY ELECTION.
    8    3. NO MONEYS SHALL BE PAID TO PARTICIPATING CANDIDATES  IN  A  GENERAL
    9  ELECTION  ANY  EARLIER  THAN  A  WEEK AFTER THE PRIMARY ELECTION HELD TO
   10  NOMINATE CANDIDATES FOR SUCH ELECTION.
   11    4. NO MONEYS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO HAS BEEN
   12  DISQUALIFIED  BY  THE  CAMPAIGN  FINANCE  BOARD  OR  WHOSE   DESIGNATING
   13  PETITIONS  HAVE BEEN DECLARED INVALID BY THE STATE BOARD OF ELECTIONS OR
   14  A COURT OF COMPETENT JURISDICTION  UNTIL  AND  UNLESS  SUCH  FINDING  IS
   15  REVERSED BY AN APPELLATE COURT.
   16    5.  NO  PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDIDATE OR
   17  SUCH A CANDIDATE'S AUTHORIZED COMMITTEE ON THE DATE  OF  SUCH  DISQUALI-
   18  FICATION  OR  INVALIDATION  MAY  THEREAFTER  BE EXPENDED FOR ANY PURPOSE
   19  EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE THAT DATE. ALL  EXCESS
   20  PUBLIC  MONEYS PAID TO A DISQUALIFIED CANDIDATE SHALL BE RETURNED TO THE
   21  FUND NOT LESS THAN THIRTY DAYS AFTER  THE  GENERAL  ELECTION  FOR  THOSE
   22  PARTICIPATING  CANDIDATES  WHO  RECEIVED  PUBLIC  MONEYS FOR THE GENERAL
   23  ELECTION, AND OTHERWISE, NOT LESS THAN THIRTY  DAYS  AFTER  THE  PRIMARY
   24  ELECTION  FOR  THOSE PARTICIPATING CANDIDATES WHO RECEIVED PUBLIC MONEYS
   25  SOLELY FOR THE PRIMARY ELECTION.
   26    6. (A) PARTICIPATING CANDIDATES SHALL  PAY  TO  THE  CAMPAIGN  FINANCE
   27  BOARD  UNSPENT  PUBLIC  CAMPAIGN  FUNDS  FROM AN ELECTION NOT LATER THAN
   28  THIRTY DAYS AFTER ALL LIABILITIES FOR THE ELECTION HAVE BEEN  PAID  AND,
   29  IN  ANY  EVENT,  NOT LESS THAN TWENTY DAYS AFTER THE DATE UPON WHICH THE
   30  CAMPAIGN FINANCE BOARD ISSUES ITS FINAL AUDIT REPORT FOR THE PARTICIPAT-
   31  ING CANDIDATE'S COMMITTEE; PROVIDED, HOWEVER, THAT  ALL  UNSPENT  PUBLIC
   32  CAMPAIGN  FUNDS  FOR  A PARTICIPATING CANDIDATE SHALL BE IMMEDIATELY DUE
   33  AND PAYABLE TO THE CAMPAIGN FINANCE BOARD UPON  ITS  DETERMINATION  THAT
   34  THE PARTICIPATING CANDIDATE HAS, WITHOUT JUST CAUSE, DELAYED THE POST-E-
   35  LECTION AUDIT PROCESS. UNSPENT CAMPAIGN FUNDS DETERMINATIONS MADE BY THE
   36  CAMPAIGN  FINANCE  BOARD  SHALL  BE BASED ON THE PARTICIPATING CANDIDATE
   37  COMMITTEE'S RECEIPTS AND EXPENDITURES. THE CAMPAIGN  FINANCE  BOARD  MAY
   38  ALSO  CONSIDER  ANY OTHER RELEVANT INFORMATION REVEALED IN THE COURSE OF
   39  ITS AUDITS OR INVESTIGATIONS OR THE INVESTIGATIONS BY ANY OTHER AGENCY.
   40    (B) (I) A PARTICIPATING CANDIDATE MAY NOT USE RECEIPTS FOR ANY PURPOSE
   41  OTHER THAN DISBURSEMENTS IN THE PRECEDING  ELECTION  UNTIL  ALL  UNSPENT
   42  PUBLIC  CAMPAIGN FUNDS HAVE BEEN REPAID. A PARTICIPATING CANDIDATE SHALL
   43  HAVE THE BURDEN OF DEMONSTRATING THAT A POST-ELECTION EXPENDITURE IS FOR
   44  THE PRECEDING ELECTION.
   45    (II) BEFORE REPAYING UNSPENT PUBLIC CAMPAIGN  FUNDS,  A  PARTICIPATING
   46  CANDIDATE  MAY  MAKE  POST-ELECTION EXPENDITURES ONLY FOR ROUTINE ACTIV-
   47  ITIES INVOLVING NOMINAL COSTS ASSOCIATED WITH WINDING UP A CAMPAIGN  AND
   48  RESPONDING  TO  THE  POST-ELECTION AUDIT. SUCH EXPENDITURES MAY INCLUDE:
   49  PAYMENT OF  UTILITY  BILLS  AND  RENT;  REASONABLE  STAFF  SALARIES  AND
   50  CONSULTANT  FEES  FOR  RESPONDING  TO  A POST-ELECTION AUDIT; REASONABLE
   51  MOVING EXPENSES RELATED TO CLOSING A CAMPAIGN  OFFICE;  A  HOLIDAY  CARD
   52  MAILING  TO  CONTRIBUTORS, CAMPAIGN VOLUNTEERS, AND STAFF MEMBERS; THANK
   53  YOU NOTES FOR CONTRIBUTORS,  CAMPAIGN  VOLUNTEERS,  AND  STAFF  MEMBERS;
   54  PAYMENT  OF  TAXES  AND  OTHER  REASONABLE  EXPENSES FOR COMPLIANCE WITH
   55  APPLICABLE  TAX  LAWS;  AND  INTEREST  EXPENSES.  ROUTINE  POST-ELECTION
   56  EXPENDITURES  THAT  MAY  BE  PAID FOR WITH UNSPENT CAMPAIGN FUNDS DO NOT
       S. 4007                            14
    1  INCLUDE SUCH ITEMS AS POST-ELECTION MAILINGS OTHER THAN AS  SPECIFICALLY
    2  PROVIDED  FOR  IN  THIS SUBPARAGRAPH; MAKING CONTRIBUTIONS; MAKING BONUS
    3  PAYMENTS OR GIFTS TO STAFF MEMBERS OR VOLUNTEERS; OR HOLDING ANY POST-E-
    4  LECTION DAY EVENT, INCLUDING, BUT NOT LIMITED TO, ANY MEAL OR ANY PARTY.
    5  UNSPENT  CAMPAIGN  FUNDS  MAY NOT BE USED FOR TRANSITION OR INAUGURATION
    6  ACTIVITIES.
    7    7. ALL MONIES RECEIVED BY THE CAMPAIGN FINANCE BOARD PURSUANT TO  THIS
    8  SECTION SHALL BE DEPOSITED INTO THE NEW YORK STATE CAMPAIGN FINANCE FUND
    9  PURSUANT TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
   10    S  4.  The  election  law is amended by adding a new section 16-103 to
   11  read as follows:
   12    S 16-103. PROCEEDINGS AS TO PUBLIC FINANCING. 1. THE DETERMINATION  OF
   13  ELIGIBILITY  PURSUANT TO SECTION 14-203 OF THIS CHAPTER AND ANY QUESTION
   14  OR ISSUE RELATING TO PAYMENTS FOR QUALIFIED CAMPAIGN EXPENDITURES PURSU-
   15  ANT TO SECTION 14-206 OF THIS CHAPTER MAY BE CONTESTED IN  A  PROCEEDING
   16  INSTITUTED  IN THE SUPREME COURT, ALBANY COUNTY, BY ANY AGGRIEVED CANDI-
   17  DATE.
   18    2. A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY OR
   19  PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO  SECTION  14-206
   20  OF  THIS CHAPTER SHALL BE INSTITUTED WITHIN SEVEN DAYS AFTER SUCH DETER-
   21  MINATION WAS MADE. THE CAMPAIGN FINANCE BOARD SHALL BE MADE A  PARTY  TO
   22  ANY SUCH PROCEEDING.
   23    3. UPON THE CAMPAIGN FINANCE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE
   24  FROM  A  PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE AFTER THE
   25  ISSUANCE OF WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED  BY  SUBDIVI-
   26  SION FOUR OF SECTION 14-214 OF THIS CHAPTER, SUCH BOARD IS AUTHORIZED TO
   27  INSTITUTE  A SPECIAL PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY
   28  COUNTY, TO OBTAIN A JUDGMENT FOR ANY AMOUNTS DETERMINED TO BE PAYABLE TO
   29  THE CAMPAIGN FINANCE BOARD AS A RESULT OF AN EXAMINATION AND AUDIT  MADE
   30  PURSUANT TO TITLE II OF ARTICLE FOURTEEN OF THIS CHAPTER.
   31    4.  THE  CAMPAIGN  FINANCE  BOARD IS AUTHORIZED TO INSTITUTE A SPECIAL
   32  PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN  A
   33  JUDGMENT  FOR  CIVIL  PENALTIES DETERMINED TO BE PAYABLE TO THE CAMPAIGN
   34  FINANCE BOARD PURSUANT TO SECTION 14-214 OF THIS CHAPTER.
   35    S 5. The election law is amended by adding a new section 4-115 to read
   36  as follows:
   37    S 4-115. NOTICE TO THE STATE BOARD OF ELECTIONS OF CANDIDATES FOR  THE
   38  LEGISLATURE.  1.  EACH BOARD OF ELECTIONS WITH WHICH PETITIONS ARE FILED
   39  FOR MEMBER OF THE STATE LEGISLATURE SHALL, NOT LATER THAN ONE WEEK AFTER
   40  THE LAST DAY TO FILE SUCH PETITIONS, SEND NOTICE TO THE STATE  BOARD  OF
   41  ELECTIONS  OF  SUCH  INFORMATION  ABOUT  EACH SUCH PETITION AS THE STATE
   42  BOARD SHALL REQUIRE.
   43    2. EACH SUCH COUNTY BOARD OF ELECTIONS SHALL, NOT LATER THAN  THE  DAY
   44  AFTER THE LAST DAY TO FILE A PETITION OR CERTIFICATE OF NOMINATION FOR A
   45  GENERAL  OR SPECIAL ELECTION OR A CERTIFICATE OF ACCEPTANCE, DECLINATION
   46  OR SUBSTITUTION FOR A GENERAL, PRIMARY OR SPECIAL ELECTION FOR ANY  SUCH
   47  OFFICE, SEND TO THE STATE BOARD OF ELECTIONS SUCH INFORMATION ABOUT EACH
   48  SUCH PETITION OR CERTIFICATE AS THE STATE BOARD SHALL REQUIRE.
   49    3.  IF  ANY  SUCH COUNTY BOARD OF ELECTIONS SHOULD DISQUALIFY ANY SUCH
   50  CANDIDATE OR RULE THE PETITION OR CERTIFICATE DESIGNATING OR  NOMINATING
   51  ANY SUCH CANDIDATE INVALID, IT SHALL FORTHWITH NOTIFY THE STATE BOARD OF
   52  ELECTIONS OF SUCH DECISION.
   53    4.  IF ANY SUCH COUNTY BOARD OF ELECTIONS SHALL BE NOTIFIED OF A DECI-
   54  SION OF A COURT OF COMPETENT JURISDICTION DISQUALIFYING ANY SUCH  CANDI-
   55  DATE  OR DECLARING ANY SUCH PETITION INVALID OR REVERSING ANY SUCH DECI-
   56  SION BY SUCH  BOARD  OF  ELECTIONS  OR  ANOTHER  COURT,  SUCH  BOARD  OF
       S. 4007                            15
    1  ELECTIONS  SHALL  FORTHWITH  NOTIFY THE STATE BOARD OF ELECTIONS OF SUCH
    2  DECISION.
    3    5.  THE  STATE  BOARD OF ELECTIONS MAY PRESCRIBE FORMS FOR THE NOTICES
    4  REQUIRED BY THIS SECTION AND SHALL PRESCRIBE THE MANNER  IN  WHICH  SUCH
    5  NOTICES SHALL BE GIVEN.
    6    S  6. The general business law is amended by adding a new section 359-
    7  gg to read as follows:
    8    S 359-GG. ADDITIONAL SURCHARGE. IN ADDITION TO ANY PENALTY  AUTHORIZED
    9  BY  SECTION THREE HUNDRED FIFTY-NINE-G OF THIS ARTICLE OR ANY DAMAGES OR
   10  OTHER COMPENSATION  RECOVERABLE  INCLUDING,  BUT  NOT  LIMITED  TO,  ANY
   11  SETTLEMENT  AUTHORIZED  BY  SECTION  SIXTY-THREE OR SIXTY-THREE-C OF THE
   12  EXECUTIVE LAW, THERE SHALL BE ASSESSED THEREON AN  ADDITIONAL  SURCHARGE
   13  IN  THE  AMOUNT  OF  TEN  PERCENT  OF  THE TOTAL AMOUNT OF SUCH PENALTY,
   14  DAMAGES OR SETTLEMENT. SUCH SURCHARGE SHALL BE DEPOSITED IN THE NEW YORK
   15  STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T  OF  THE
   16  STATE FINANCE LAW.
   17    S  7. The state finance law is amended by adding a new section 92-t to
   18  read as follows:
   19    S 92-T. NEW YORK STATE CAMPAIGN  FINANCE  FUND.  1.  THERE  IS  HEREBY
   20  ESTABLISHED IN THE CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE A
   21  SPECIAL FUND TO BE KNOWN AS THE NEW YORK STATE CAMPAIGN FINANCE FUND.
   22    2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE SURCHARGE
   23  IMPOSED  PURSUANT  TO SECTION THREE HUNDRED FIFTY-NINE-GG OF THE GENERAL
   24  BUSINESS LAW, REVENUES RECEIVED FROM  CAMPAIGN  FINANCE  FUND  CHECK-OFF
   25  PURSUANT  TO  SECTION  SIX HUNDRED THIRTY-D OF THE TAX LAW AND ALL OTHER
   26  MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY  OTHER  FUND  OR  SOURCE
   27  PURSUANT  TO  LAW.  NOTHING  CONTAINED IN THIS SECTION SHALL PREVENT THE
   28  STATE FROM RECEIVING GRANTS, GIFTS, BEQUESTS OR VOLUNTARY  CONTRIBUTIONS
   29  FOR  THE  PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING
   30  THEM INTO THE FUND ACCORDING TO LAW. MONIES IN THE FUND  SHALL  BE  KEPT
   31  SEPARATE FROM AND NOT COMMINGLED WITH OTHER FUNDS HELD IN THE CUSTODY OF
   32  THE COMMISSIONER OF TAXATION AND FINANCE.
   33    3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
   34  BE  EXPENDED  FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT
   35  TO TITLE TWO OF ARTICLE FOURTEEN OF THE ELECTION LAW.  MONEYS  SHALL  BE
   36  PAID  OUT  OF  THE  FUND  BY THE COMMISSIONER OF TAXATION AND FINANCE ON
   37  VOUCHERS CERTIFIED OR APPROVED BY THE CAMPAIGN FINANCE BOARD ESTABLISHED
   38  PURSUANT TO TITLE TWO OF ARTICLE FOURTEEN OF THE ELECTION  LAW,  OR  THE
   39  DULY  DESIGNATED  REPRESENTATIVE OF SUCH BOARD, IN THE MANNER PRESCRIBED
   40  BY LAW, NOT MORE THAN ONE WORKING DAY AFTER A  VOUCHER  DULY  CERTIFIED,
   41  APPROVED  AND  EXECUTED  BY SUCH BOARD OR ITS REPRESENTATIVE IN THE FORM
   42  PRESCRIBED BY THE COMMISSIONER OF TAXATION AND FINANCE  IS  RECEIVED  BY
   43  THE COMMISSIONER OF TAXATION AND FINANCE.
   44    4.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, IF, IN ANY
   45  STATE FISCAL YEAR, THE STATE CAMPAIGN FINANCE FUND LACKS THE  AMOUNT  OF
   46  MONEY  TO  PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES AND CERTIFIED
   47  OR APPROVED BY THE CAMPAIGN FINANCE BOARD, ANY SUCH DEFICIENCY SHALL  BE
   48  PAID, UPON AUDIT AND WARRANT OF THE STATE COMPTROLLER, FROM FUNDS DEPOS-
   49  ITED  IN  THE  GENERAL  FUND  OF THE STATE NOT MORE THAN ONE WORKING DAY
   50  AFTER SUCH VOUCHER IS RECEIVED BY THE STATE COMPTROLLER.
   51    5. COMMENCING IN TWO THOUSAND NINETEEN, IF THE SURPLUS IN THE FUND  ON
   52  APRIL  FIRST  OF  THE  YEAR  AFTER AN ELECTION CYCLE EXCEEDS TWENTY-FIVE
   53  PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER THE PREVIOUS FOUR YEARS,
   54  THE EXCESS SHALL REVERT TO THE GENERAL FUND OF THE STATE.
       S. 4007                            16
    1    6. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN  A
    2  PRIMARY  ELECTION ANY EARLIER THAN THE DAY THAT SUCH CANDIDATE IS CERTI-
    3  FIED AS BEING ON THE BALLOT FOR SUCH PRIMARY ELECTION.
    4    7.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
    5  GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF  THE  PRIMARY
    6  ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
    7    8.  NO  PUBLIC  FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
    8  HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN  DECLARED
    9  INVALID  BY  THE  APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
   10  JURISDICTION UNTIL AND UNLESS SUCH  FINDING  IS  REVERSED  BY  A  HIGHER
   11  AUTHORITY.  NO  PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDI-
   12  DATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON  THE  DATE  OF  SUCH
   13  DISQUALIFICATION  OR  INVALIDATION  MAY  THEREAFTER  BE EXPENDED FOR ANY
   14  PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE. ALL
   15  SUCH MONEYS SHALL BE REPAID TO THE FUND.
   16    S 8. The tax law is amended by adding a new section 630-d to  read  as
   17  follows:
   18    S 630-D. CONTRIBUTION TO NEW YORK STATE CAMPAIGN FINANCE FUND.  EFFEC-
   19  TIVE  FOR  ANY  TAXABLE  YEAR  COMMENCING ON OR AFTER JANUARY FIRST, TWO
   20  THOUSAND FIFTEEN, AN  INDIVIDUAL  IN  ANY  TAXABLE  YEAR  MAY  ELECT  TO
   21  CONTRIBUTE  TO  THE  NEW YORK STATE CAMPAIGN FINANCE FUND. SUCH CONTRIB-
   22  UTION SHALL BE IN THE AMOUNT OF FIVE DOLLARS AND SHALL  NOT  REDUCE  THE
   23  AMOUNT  OF  STATE  TAX  OWED  BY SUCH INDIVIDUAL. THE COMMISSIONER SHALL
   24  INCLUDE SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER  TO
   25  MAKE  SUCH  CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW ALL
   26  REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE NEW
   27  YORK STATE CAMPAIGN FINANCE  FUND  AND  USED  ONLY  FOR  THOSE  PURPOSES
   28  ENUMERATED IN SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
   29    S  9.  Severability.  If any clause, sentence, subdivision, paragraph,
   30  section or part of title II of article 14 of the election law, as  added
   31  by  section  three  of  this  act  be adjudged by any court of competent
   32  jurisdiction to be invalid, such judgment shall not  affect,  impair  or
   33  invalidate the remainder thereof, but shall be confined in its operation
   34  to the clause, sentence, subdivision, paragraph, section or part thereof
   35  directly  involved  in the controversy in which such judgment shall have
   36  been rendered.
   37    S 10. This act  shall  take  effect  immediately;  provided,  however,
   38  candidates  for state comptroller will be eligible to participate in the
   39  public financing system beginning with  the  2017  election,  all  state
   40  legislature  candidates  will  be  eligible to participate in the public
   41  financing system beginning with the 2019 election and all  state  candi-
   42  dates  and  constitutional  convention  delegates  will  be  eligible to
   43  participate in the public  financing  system  beginning  with  the  2021
   44  election.