S T A T E   O F   N E W   Y O R K
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                                  2740

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 31, 2011
                               ___________

Introduced by Sens. SMITH, PARKER -- 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 violations and penal-
  ties for campaign finance and the enforcement thereof;  to  amend  the
  election  law,  in  relation to the creation of the advisory committee
  for the state board of elections;  to  amend  the  executive  law,  in
  relation  to  the  powers  of  the  attorney  general  to  enforce the
  provisions of the election law; and to repeal  certain  provisions  of
  the  election  law  relating  to  enforcement  (Part  A); to amend the
  election  law,  in  relation  to  voluntary  clean  election  campaign
  finance;  to  amend  the  tax  law,  in relation to the clean election
  campaign finance fund; and to amend the election law, in  relation  to
  the state campaign finance board (Part B)

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative  findings  and  declarations.  The  legislature
finds  and  declares  that  the  current  system  of  privately financed
campaigns diminishes the meaning of the right to vote by allowing  large
contributions to have deleterious influence on the political process. As
the United States Supreme Court found in BUCKLEY V. VALEO, states have a
compelling  governmental  interest  "to reduce the deleterious effect of
large contributions on our political process" and thereby to redress the
appearance or reality of favoritism or corruption in public office.  The
legislature  finds  and  declares that such deleterious effects arise in
insidious ways, including but not limited to the creation of the appear-
ance if not reality that donors of  large  campaign  contributions  have
disproportionate  access to and influence on the legislative process and
that recipients of such moneys have  or  appear  to  have  conflicts  of
interest  in  the  discharge  of  their public duties. These effects, in
turn, directly and substantially  undermine  public  confidence  in  the
legislative  process  in  this  state  and discourage meaningful partic-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08687-01-1
              

S. 2740                             2

ipation therein, thereby eroding the very foundation of democracy in New
York state. The legislature further finds and declares that the  current
system  creates  high  barriers  to  entry into the political process by
making  it  unduly  difficult  for qualified candidates without personal
fortunes or unfettered access to large contributors to  mount  effective
campaigns  for  public  office,  thereby inhibiting the free exchange of
ideas that is the core of a healthy democracy.
  For the foregoing reasons, the legislature  finds  and  declares  that
establishing  a  voluntary  clean election campaign finance system would
enhance democracy and restore public confidence in the  electoral  proc-
ess.  Such  a  system  would  reduce  the deleterious influence of large
campaign contributions, diminishing  the  extent  to  which  a  person's
wealth or other access to capital shapes if not determines that person's
effective  capacity to seek elective office or shape the political proc-
ess. This result, in turn, would help restore the appearance and reality
of equality before the law, the principle of "one person, one  vote"  on
which our democracy is built.  This system also would restore the vital-
ity  of  New  York's  marketplace  of ideas by encouraging more fair and
effective communication between candidates and voters.
  The legislature further finds and declares that to best achieve  these
outcomes  and  restore  public  confidence in the effective operation of
government, it is necessary that candidates for  public  office  conduct
their  election campaigns with utmost transparency and accountability to
reduce the appearance or reality of favoritism and corruption in  public
office.  Historically  lax  enforcement of such campaign finance laws as
exist, and the potential extension of such lax enforcement  to  the  new
system  of voluntary public finance that this bill would create, warrant
little confidence that abuses are  or  would  be  effectively  deterred,
timely detected and properly penalized: to the contrary, the legislature
finds  and  declares that weak enforcement can encourage the very abuses
and public distrust that instead must be the public policy of this state
to prevent. Likewise, the fragmentation of monitoring and enforcement of
related election, ethics and other public integrity  matters  among  the
state board of elections, the commission on public integrity, the office
of the inspector general and the office of the attorney general, without
appropriate  collaboration  among them, has caused confusion rather than
the clear guidance and rigorous enforcement best calculated to  maximize
compliance  and  promote public confidence.  To help promote and restore
public trust and confidence in government, ensure both the  reality  and
perception  that all individuals and organizations have a fair and mean-
ingful opportunity to participate in government, and enhance transparen-
cy so that voters timely can obtain important information regarding  the
funding  and  conduct  of campaigns, the legislature declares the public
policy of this state to promote transparency by enhancing the timeliness
and rigor of campaign finance reporting, ensure proper disclosure of the
sources of election-season political advertising, enhance the  independ-
ence,  coordination  and  rigor  of  campaign finance and related public
integrity rulemaking and enforcement, raise civil and criminal penalties
for noncompliance to deter and penalize violations,  and  enhance  voter
participation in and comprehension of the state election system.
  S 2. Short title. This act shall be known and may be cited as the "New
York state clean election and campaign finance enforcement reform act".
  S  3.  This  act enacts into law major components of legislation which
are necessary to implement campaign finance reform.   Each component  of
this  act is wholly contained within a Part identified as Parts A and B.
The effective date for each particular provision contained  within  such

S. 2740                             3

Part is set forth in the last section of such Part. Any provision in any
section  contained  within  a  Part, including the effective date of the
Part, which makes reference to a section of "this  act,"  when  used  in
connection  with  that particular component, shall be deemed to mean and
refer to the corresponding section of the Part in  which  it  is  found.
Section five of this act sets forth the general effective date hereof.

                                 PART A

  Section  1.  Subdivision  7  of  section  3-102 of the election law is
REPEALED.
  S 1-a.  Subdivisions 3, 6, and paragraph (e)  of  subdivision  9-A  of
section 3-102 of the election law, subdivision 3 as amended and subdivi-
sion  6  as redesignated by chapter 9 of the laws of 1978, paragraph (e)
of subdivision 9-A as added by chapter 430 of  the  laws  of  1997,  are
amended to read as follows:
  3.  conduct any investigation necessary to carry out the provisions of
this chapter; PROVIDED THAT THE OFFICE OF CAMPAIGN  FINANCE  ENFORCEMENT
ESTABLISHED PURSUANT TO SECTION 14-132 OF THIS CHAPTER SHALL CONDUCT ANY
INVESTIGATION  TO  CARRY OUT THE PROVISIONS OF ARTICLE FOURTEEN OR FOUR-
TEEN-A OF THIS CHAPTER ON BEHALF OF THE STATE BOARD OF ELECTIONS;
  6. confer immunity in accordance with the provisions of section  50.20
of  the  criminal  procedure  law,  in any investigation relating to any
crime or offense with respect to which, by express provisions  of  stat-
ute,  a  competent authority is authorized to confer immunity; provided,
however, that such immunity shall be conferred only after  the  attorney
general  and  appropriate district attorney are afforded the opportunity
to be heard respecting any objections  which  either  may  have  to  the
conferring  thereof;  and provided, further, that if either the attorney
general or any such appropriate district attorney shall  object  to  the
conferring of immunity, immunity may be conferred only by unanimous vote
of  all four commissioners of the state board; AND PROVIDED FURTHER THAT
THE OFFICE OF  CAMPAIGN  FINANCE  ENFORCEMENT  ESTABLISHED  PURSUANT  TO
SECTION  14-132  OF THIS CHAPTER SHALL INVESTIGATE OR PROSECUTE OFFENSES
AND COLLECT CIVIL PENALTIES PURSUANT TO ARTICLE FOURTEEN  OR  FOURTEEN-A
OF THIS CHAPTER AND, IN CONNECTION WITH SUCH INVESTIGATIONS, SUCH OFFICE
SHALL  HAVE  THE POWER TO CONFER IMMUNITY IN THE NAME OF THE STATE BOARD
OF ELECTIONS SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION;
  (e) cause all information contained in such a statement filed with the
state board of elections which  is  not  on  such  electronic  reporting
system  to be entered into such system [as soon as practicable but in no
event later than ten business days after its] IMMEDIATELY AND  FORTHWITH
UPON receipt by the state board of elections; and
  S  2.  Subdivision 1 of section 3-104 of the election law, as redesig-
nated by chapter 9 of the laws of 1978, is amended to read as follows:
  1. The state board of elections shall have  jurisdiction  of,  and  be
responsible  for,  the  execution  and  enforcement of the provisions of
[article  fourteen  of  this  chapter  and  other]  statutes   governing
campaigns,  elections  and  related  procedures; PROVIDED THAT THE STATE
CAMPAIGN FINANCE BOARD SHALL HAVE THE POWER  AND  DUTY  TO  EXECUTE  THE
PROVISIONS  OF  ARTICLE  FOURTEEN-A  OF  THIS CHAPTER, AND THE OFFICE OF
CAMPAIGN FINANCE ENFORCEMENT SHALL HAVE THE POWER AND  DUTY  TO  ENFORCE
THE  PROVISIONS  OF  ARTICLE FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, IN
THE NAME OF THE STATE BOARD OF ELECTIONS.
  S 3. The election law is amended by adding a new section 3-201 to read
as follows:

S. 2740                             4

  S 3-201.   ADVISORY COMMITTEE FOR THE STATE  BOARD  OF  ELECTIONS.  1.
THERE  SHALL  BE AN ADVISORY COMMITTEE FOR THE STATE BOARD OF ELECTIONS.
SUCH ADVISORY COMMITTEE SHALL BE COMPRISED OF NINE MEMBERS APPOINTED  BY
THE GOVERNOR, OF WHOM ONE SHALL BE ON NOMINATION OF THE TEMPORARY PRESI-
DENT OF THE SENATE, ONE SHALL BE ON NOMINATION OF THE MINORITY LEADER OF
THE  SENATE,  ONE  SHALL BE ON NOMINATION OF THE SPEAKER OF THE ASSEMBLY
AND ONE SHALL BE ON NOMINATION OF THE MINORITY LEADER OF  THE  ASSEMBLY.
OF THE FIVE MEMBERS APPOINTED BY THE GOVERNOR NOT ON RECOMMENDATION OF A
MEMBER OF THE LEGISLATURE, NO MORE THAN TWO SHALL BE ENROLLED MEMBERS OF
THE PARTY WHOSE CANDIDATE FOR GOVERNOR AT THE GENERAL ELECTION PRECEDING
APPOINTMENT RECEIVED THE HIGHEST NUMBER OF VOTES, NO MORE THAN TWO SHALL
BE  ENROLLED  MEMBERS  OF  THE PARTY WHOSE CANDIDATE FOR GOVERNOR AT THE
GENERAL ELECTION  PRECEDING  APPOINTMENT  RECEIVED  THE  SECOND  HIGHEST
NUMBER OF VOTES, AND AT LEAST ONE SHALL NOT BE AN ENROLLED MEMBER OF ANY
PARTY  FOR AT LEAST SIX MONTHS PRIOR TO APPOINTMENT AND FOR THE DURATION
OF SERVICE ON THE ADVISORY COMMITTEE AND SHALL BE DEEMED TO RESIGN  FROM
SUCH COMMITTEE UPON REGISTRATION WITH ANY PARTY; PROVIDED, HOWEVER, THAT
AT  LEAST TWO MEMBERS APPOINTED BY THE GOVERNOR NOT ON RECOMMENDATION OF
A MEMBER OF THE LEGISLATURE SHALL REPRESENT ONE OR  MORE  NOT-FOR-PROFIT
ORGANIZATIONS THAT REGULARLY ADVOCATE FOR THE INTERESTS OF VOTERS AND/OR
THE  PROPER CONDUCT OF ELECTIONS STATEWIDE.  OF THE MEMBERS APPOINTED ON
NOMINATION OF A MEMBER OF THE LEGISLATURE, NO MORE  THAN  TWO  SHALL  BE
ENROLLED  MEMBERS  OF  A POLITICAL PARTY WHOSE CANDIDATE FOR GOVERNOR AT
THE GENERAL ELECTION PRECEDING APPOINTMENT RECEIVED THE  HIGHEST  NUMBER
OF  VOTES, AND NO MORE THAN TWO SHALL BE ENROLLED MEMBERS OF A POLITICAL
PARTY WHOSE CANDIDATE FOR GOVERNOR AT  THE  GENERAL  ELECTION  PRECEDING
APPOINTMENT  RECEIVED  THE SECOND HIGHEST NUMBER OF VOTES. MEMBERS SHALL
SERVE FOR RENEWABLE TERMS OF FIVE YEARS; PROVIDED THAT THE MEMBER  FIRST
NOMINATED  BY THE TEMPORARY PRESIDENT OF THE SENATE SHALL SERVE FOR FOUR
YEARS, THE MEMBER FIRST NOMINATED BY THE SPEAKER OF THE  ASSEMBLY  SHALL
SERVE FOR THREE YEARS, THE MEMBER FIRST NOMINATED BY THE MINORITY LEADER
OF  THE  SENATE SHALL SERVE FOR TWO YEARS, THE MEMBER FIRST NOMINATED BY
THE MINORITY LEADER OF THE ASSEMBLY SHALL SERVE FOR ONE  YEAR,  AND  THE
FIVE  MEMBERS FIRST APPOINTED BY THE GOVERNOR NOT ON RECOMMENDATION OF A
MEMBER OF THE LEGISLATURE SHALL SERVE FOR ONE, TWO, THREE, FOUR AND FIVE
YEARS, RESPECTIVELY, AS THE GOVERNOR SHALL  DESIGNATE  AT  THE  TIME  OF
FIRST  APPOINTMENT. MEMBERS FIRST APPOINTED HEREUNDER SHALL BE NOMINATED
AND APPOINTED WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS  SECTION;
VACANCIES  SHALL BE FILLED FOR THE UNEXPIRED TERM WITHIN FIFTEEN DAYS OF
THE VACANCY IN THE SAME MANNER AS AN ORIGINAL APPOINTMENT. THE  ADVISORY
COMMITTEE SHALL SELECT A CHAIRPERSON FOR A RENEWABLE TERM OF THREE YEARS
AND SHALL ESTABLISH ITS OWN RULES OF PROCEDURE.
  2.  FOR  THEIR  SERVICES  HEREUNDER, MEMBERS OF THE ADVISORY COMMITTEE
SHALL RECEIVE NO COMPENSATION BUT SHALL BE ENTITLED TO REIMBURSEMENT FOR
REASONABLE AND NECESSARY EXPENSES DIRECTLY RELATED TO THEIR  DUTIES.  NO
MEMBER  SHALL  BE  DISQUALIFIED  FROM HOLDING ANY OTHER PUBLIC OFFICE OR
EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE  OR  EMPLOYMENT,
BY  REASON  OF  HIS  OR  HER  APPOINTMENT  PURSUANT TO THIS SUBDIVISION,
NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL,  SPECIAL  OR  LOCAL  LAW,
REGULATION, RULE, ORDINANCE OR CHARTER.
  3.  THE  ADVISORY  COMMITTEE  SHALL  CONSULT WITH AND ASSIST THE STATE
BOARD OF ELECTIONS, THE STATE CAMPAIGN FINANCE BOARD AND THE  OFFICE  OF
CAMPAIGN  FINANCE  ENFORCEMENT  IN  THE  DISCHARGE  OF  THEIR RESPECTIVE
DUTIES. THE ADVISORY COMMITTEE SHALL MAKE NOMINATIONS FOR CHIEF CAMPAIGN
FINANCE ENFORCEMENT OFFICER IN THE MANNER AND BY THE DATE  SPECIFIED  IN
SUBDIVISION ONE OF SECTION 14-132 OF THIS ARTICLE.

S. 2740                             5

  S  4. Section 14-126 of the election law is REPEALED and a new section
14-126 is added to read as follows:
  S  14-126.   VIOLATIONS; PENALTIES. 1. CIVIL VIOLATIONS AND PENALTIES.
UPON  THE  ESTABLISHMENT  OF  PRIMA  FACIE  EVIDENCE  OF  THE  FOLLOWING
VIOLATIONS,  THE  FOLLOWING  PENALTIES SHALL BE RECOVERED IN THE NAME OF
THE STATE BOARD OF ELECTIONS BY THE OFFICE OF CAMPAIGN FINANCE  ENFORCE-
MENT ESTABLISHED PURSUANT TO SECTION 14-132 OF THIS ARTICLE:
  A. ANY PERSON WHO OR COMMITTEE THAT FAILS TO FILE A STATEMENT REQUIRED
BY THIS ARTICLE OR ARTICLE FOURTEEN-A OF THIS CHAPTER BY THE DATE SPECI-
FIED THEREFOR SHALL, COMMENCING FIVE DAYS AFTER SUCH DATE, BE SUBJECT TO
A  CIVIL  PENALTY  NOT  LESS THAN TWO HUNDRED FIFTY DOLLARS AND NOT MORE
THAN ONE THOUSAND DOLLARS FOR A FIRST VIOLATION, AND OTHERWISE NOT  LESS
THAN FIVE HUNDRED DOLLARS AND NOT MORE THAN TWO THOUSAND DOLLARS.
  B. ANY PERSON WHO OR COMMITTEE THAT FILES A STATEMENT REQUIRED BY THIS
ARTICLE OR ARTICLE FOURTEEN-A OF THIS CHAPTER THAT IS INCOMPLETE OR THAT
OTHERWISE DOES NOT COMPLY WITH THE PROVISIONS OF THIS ARTICLE OR ARTICLE
FOURTEEN-A  OF  THIS CHAPTER OR EFFECTUATING RULES GOVERNING SUCH STATE-
MENT SHALL BE SUBJECT TO A CIVIL  PENALTY  NOT  LESS  THAN  ONE  HUNDRED
DOLLARS  AND  NOT  MORE THAN FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION,
AND OTHERWISE NOT LESS THAN TWO HUNDRED FIFTY DOLLARS AND NOT MORE  THAN
ONE  THOUSAND  DOLLARS.  SUCH PENALTY MAY BE WAIVED IF THE DEFICIENCY IS
CURED WITHIN FIVE DAYS OF THE INITIAL FILING.
  C. ANY PERSON WHO OR COMMITTEE  THAT  ACCEPTS  A  CONTRIBUTION  IN  AN
AMOUNT  EXCEEDING  AN  APPLICABLE  MAXIMUM SPECIFIED IN THIS ARTICLE, OR
CONVERTS A CONTRIBUTION TO PERSONAL USE OR ANY OTHER  IMPERMISSIBLE  USE
IN VIOLATION OF SECTION 14-130 OF THIS ARTICLE OR SECTION 14-154 OF THIS
CHAPTER  FOR  A  CANDIDATE OR COMMITTEE PARTICIPATING IN VOLUNTARY CLEAN
ELECTION FINANCING PURSUANT TO ARTICLE FOURTEEN-A OF  THIS  CHAPTER,  OR
ACCEPTS VOLUNTARY CLEAN ELECTIONS FUNDING PURSUANT TO ARTICLE FOURTEEN-A
OF  THIS  CHAPTER  AND EXPENDS IN EXCESS OF THE AMOUNT THEREIN SPECIFIED
FOR SUCH PERSON OR COMMITTEE, SHALL BE SUBJECT TO  A  CIVIL  PENALTY  OF
DOUBLE THE AMOUNT OF THE CONVERSION OR EXCESS AMOUNT OF THE CONTRIBUTION
OR  EXPENDITURE FOR A FIRST VIOLATION, AND OTHERWISE TRIPLE SUCH AMOUNT,
AND IN THE CASE OF AN EXCESS CONTRIBUTION SHALL BE  REQUIRED  TO  REFUND
SUCH AMOUNT TO THE CONTRIBUTOR.
  IN  ENFORCING  THE FOREGOING PENALTIES, THE OFFICE OF CAMPAIGN FINANCE
ENFORCEMENT SHALL NOT HAVE TO BRING  A  JUDICIAL  PROCEEDING  BUT  SHALL
COMPLY  WITH  THE  PROVISIONS  OF SECTION 14-132 OF THIS ARTICLE AND THE
RULES AND PROCEDURES OF THE OFFICE PROMULGATED PURSUANT  TO  SUBDIVISION
FOUR  OF  SUCH  SECTION.  NOTWITHSTANDING SUBDIVISION FIFTEEN OF SECTION
SIXTY-THREE OF THE EXECUTIVE LAW, THE ATTORNEY GENERAL  SHALL  NOT  HAVE
THE POWER TO WAIVE OR DIMINISH THE FOREGOING CIVIL PENALTIES. ALL MONEYS
RECOVERED  PURSUANT TO THIS SUBDIVISION SHALL BE DEPOSITED TO THE CREDIT
OF THE NEW YORK CLEAN ELECTION CAMPAIGN FINANCE FUND ESTABLISHED  PURSU-
ANT TO SECTION 14-168 OF THIS CHAPTER.
  2.  CRIMINAL  VIOLATIONS  AND  PENALTIES. NOTWITHSTANDING ANY CONTRARY
PROVISION OF LAW:
  A. ANY PERSON WHO OR COMMITTEE THAT KNOWINGLY AND WILLFULLY  FAILS  TO
PAY A CIVIL PENALTY ASSESSED PURSUANT TO SUBDIVISION ONE OF THIS SECTION
WITHIN  THIRTY  DAYS  OF  SUCH  ASSESSMENT,  OTHER  THAN A PERSON WHO OR
COMMITTEE THAT BY SUCH DATE EITHER CHALLENGES SUCH ASSESSMENT BY SPECIAL
PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL  PRACTICE  LAW
AND  RULES  OR  EXECUTES  AND  FILES WITH THE OFFICE OF CAMPAIGN FINANCE
ENFORCEMENT A WRITTEN INSTRUMENT,  BEARING  A  LEGALLY  AUTHORIZED  FORM
NOTICE  TO THE EFFECT THAT FALSE STATEMENTS MADE THEREIN ARE PUNISHABLE,

S. 2740                             6

THAT HE, SHE OR IT CANNOT AFFORD TO PAY SUCH PENALTY, SHALL BE GUILTY OF
A CLASS A MISDEMEANOR.
  B.  ANY  PERSON WHO OR COMMITTEE THAT KNOWINGLY AND WILLFULLY FAILS TO
FILE A STATEMENT REQUIRED BY THIS ARTICLE OR ARTICLE FOURTEEN-A OF  THIS
CHAPTER,  OR  FAILS  TO  PROVIDE  INFORMATION PURSUANT TO AUDIT BY OR ON
BEHALF OF THE OFFICE OF CAMPAIGN FINANCE ENFORCEMENT OR  STATE  CAMPAIGN
FINANCE BOARD AFTER THIRTY DAYS NOTICE BY THE OFFICE OF CAMPAIGN FINANCE
ENFORCEMENT  DELIVERED  TO  SUCH  PERSON OR COMMITTEE BY CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, OR BY PERSONAL SERVICE, THAT SUCH STATEMENT OR
OTHER INFORMATION WAS DUE AND OWING PURSUANT TO THIS ARTICLE OR  ARTICLE
FOURTEEN-A OF THIS CHAPTER, SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  C.  ANY  PERSON WHO OR COMMITTEE THAT KNOWINGLY AND WILLFULLY CONTRIB-
UTES, ACCEPTS OR AIDS OR PARTICIPATES IN THE ACCEPTANCE  OF  A  CONTRIB-
UTION  IN AN AMOUNT EXCEEDING AN APPLICABLE CONTRIBUTION LIMIT SPECIFIED
IN THIS ARTICLE, OR KNOWINGLY AND WILLFULLY CONVERTS OR AIDS OR  PARTIC-
IPATES  IN THE CONVERSION OF A CONTRIBUTION TO PERSONAL USE OR OTHER USE
IMPERMISSIBLE FOR SUCH PERSON OR COMMITTEE PURSUANT TO THIS  ARTICLE  OR
ARTICLE  FOURTEEN-A OF THIS CHAPTER, SHALL BE GUILTY OF A CLASS A MISDE-
MEANOR; PROVIDED, HOWEVER, THAT WHERE THE AMOUNT OF SUCH  CONVERSION  OR
OTHER  IMPERMISSIBLE USE IS ONE THOUSAND DOLLARS OR GREATER, GUILTY OF A
CLASS E FELONY.
  D. ANY PERSON WHO OR COMMITTEE THAT KNOWINGLY AND  WILLFULLY  MAKES  A
FALSE STATEMENT, WHICH HE OR SHE DOES NOT BELIEVE TO BE TRUE, IN A WRIT-
TEN INSTRUMENT REQUIRED BY THIS CHAPTER TO BE FILED AND BEARING A LEGAL-
LY AUTHORIZED FORM NOTICE TO THE EFFECT THAT FALSE STATEMENTS MADE THER-
EIN   ARE  PUNISHABLE,  OR  OTHERWISE  TO  THE  CHIEF  CAMPAIGN  FINANCE
ENFORCEMENT OFFICER OR AN EMPLOYEE THEREOF IN CONNECTION WITH THE INVES-
TIGATION OR ENFORCEMENT OF THIS ARTICLE OR ARTICLE  FOURTEEN-A  OF  THIS
CHAPTER,  OR  TO  THE  CAMPAIGN  FINANCE BOARD OR AN EMPLOYEE THEREOF IN
CONNECTION WITH AN APPLICATION FOR  VOLUNTARY  CLEAN  ELECTIONS  FUNDING
PURSUANT  TO  ARTICLE FOURTEEN-A OF THIS CHAPTER OR AN AUDIT THEREUNDER,
SHALL BE GUILTY OF A CLASS E FELONY.
  E. ANY PERSON WHO, ACTING  ON  BEHALF  OF  A  CANDIDATE  OR  POLITICAL
COMMITTEE,  KNOWINGLY  AND  WILLFULLY SOLICITS, ORGANIZES OR COORDINATES
THE FORMATION OF ACTIVITIES OF  ONE  OR  MORE  UNAUTHORIZED  COMMITTEES,
MAKES  EXPENDITURES  IN  CONNECTION  WITH THE NOMINATION FOR ELECTION OR
ELECTION OF ANY CANDIDATE, OR SOLICITS  ANY  PERSON  TO  MAKE  ANY  SUCH
EXPENDITURES,  FOR  THE PURPOSE OF EVADING A LIMITATION ON CONTRIBUTIONS
OR EXPENDITURES IN THIS ARTICLE OR ARTICLE FOURTEEN-A OF  THIS  CHAPTER,
SHALL BE GUILTY OF A CLASS E FELONY.
  IN ADDITION TO OTHER PENALTIES SPECIFIED BY LAW, EACH OF THE FOREGOING
CRIMINAL  OFFENSES ALSO SHALL BE PUNISHABLE BY FINES OF UP TO FIVE THOU-
SAND DOLLARS FOR A MISDEMEANOR OR UP TO TEN THOUSAND DOLLARS FOR A FELO-
NY.
  3. WHERE A CIVIL PENALTY SPECIFIED IN SUBDIVISION ONE OF THIS  SECTION
IS  ASSESSED  AND  SUCH  PENALTY REMAINS UNPAID THIRTY DAYS AFTER PROPER
NOTICE THEREOF PURSUANT TO SUBDIVISION FIVE OF SECTION  14-132  OF  THIS
ARTICLE,  UNLESS  SUCH ASSESSMENT TIMELY SHALL BE CHALLENGED PURSUANT TO
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAWS AND RULES,  THE  OFFICE
OF  CAMPAIGN FINANCE ENFORCEMENT SHALL CAUSE TO BE DISPLAYED PROMINENTLY
ON ITS PUBLIC WEBSITE A STATEMENT SPECIFYING THE  NAME  OF  THE  PERSON,
COMMITTEE  OR  OTHER  INSTRUMENTALITY  ALLEGED  TO  BE IN VIOLATION, THE
PROVISION OR PROVISIONS OF THIS ARTICLE OR ARTICLE  FOURTEEN-A  OF  THIS
CHAPTER ALLEGED TO BE VIOLATED, A BRIEF DESCRIPTION OF EACH SUCH ALLEGED
VIOLATION,  THE  DATE  OR  DATES  OF EACH SUCH ALLEGED VIOLATION AND THE
MINIMUM AND MAXIMUM PENALTY FOR EACH SUCH VIOLATION. SUCH  OFFICE  IMME-

S. 2740                             7

DIATELY  SHALL REDACT SUCH WEBSITE ENTRY TO REMOVE SUCH DISPLAY UPON THE
REMITTANCE OF PAYMENT OR RESCISSION OF THE PENALTY, AS THE CASE MAY  BE.
THE  OFFICE SHALL CONTINUOUSLY MAINTAIN ON ITS PUBLIC WEBSITE A COMPLETE
DATABASE  OF ALL SUCH ENTRIES AND EACH SUCH ENTRY SHALL BE ACCESSIBLE TO
THE PUBLIC.
  S 5. Section 14-127 of the election law, as added by  chapter  404  of
the laws of 1995, is amended to read as follows:
  S  14-127.  Notice  of  civil penalty to authorizing candidate. If any
person OR COMMITTEE fails to file a statement of campaign  receipts  and
expenditures OR OTHERWISE FAILS TO PROVIDE INFORMATION PURSUANT TO AUDIT
OR  INVESTIGATION PURSUANT TO THIS ARTICLE OR ARTICLE FOURTEEN-A OF THIS
CHAPTER for a candidate authorized political committee, [and  thereafter
said  person  is  a  party  to  recovery of a civil penalty in a special
proceeding or civil action brought by the state board  of  elections  or
other  board  of  elections  under  section 14-126 of this article, said
board of elections] THE OFFICE OF  CAMPAIGN  FINANCE  ENFORCEMENT  IMME-
DIATELY  shall  [also]  provide  the  authorizing  candidate with actual
notice of [the civil  penalty,  and  the  special  proceeding  or  civil
action]  SUCH  FAILURE  AND  THE  POSSIBLE  PENALTIES by certified mail,
return receipt requested, or by personal service.
  S 6. Section 14-128 of the election law, as added by  chapter  323  of
the laws of 1977, is amended to read as follows:
  S  14-128.  Disposition  of  anonymous  contributions.  Any  anonymous
contributions received by a campaign treasurer, political  committee  or
agency thereof shall not be used or expended, but the same shall be paid
over  to  the  comptroller  of  the state of New York for deposit in the
[general treasury of the state] NEW YORK STATE CLEAN  ELECTION  CAMPAIGN
FINANCE  FUND  ESTABLISHED  PURSUANT  TO  SECTION 14-168 OF THIS CHAPTER
unless, before the date for filing  statements  and  reports  as  herein
provided, the identity of such anonymous contributor shall become known,
and,  in such event the anonymous contribution shall be returned to such
contributor or retained and properly reported  as  a  contribution  from
such contributor.
  S  7.  The election law is amended by adding four new sections 14-132,
14-134, 14-136 and 14-138 to read as follows:
  S 14-132. ENFORCEMENT. 1. THERE IS ESTABLISHED WITHIN THE STATE  BOARD
OF  ELECTIONS AN OFFICE OF CAMPAIGN FINANCE ENFORCEMENT. THE HEAD OF THE
OFFICE SHALL BE THE CHIEF CAMPAIGN FINANCE ENFORCEMENT  OFFICER.  WITHIN
FIFTEEN  DAYS OF A VACANCY OR EXPECTED VACANCY IN SUCH OFFICE, THE ADVI-
SORY COMMITTEE FOR THE STATE BOARD OF ELECTIONS ESTABLISHED PURSUANT  TO
SUBDIVISION THREE OF SECTION 3-201 OF THIS CHAPTER SHALL TRANSMIT TO THE
STATE  CAMPAIGN  FINANCE  BOARD NO LESS THAN THREE AND NO MORE THAN FIVE
NOMINEES WELL QUALIFIED FOR SUCH POSITION ON  THE  BASIS  OF  EDUCATION,
INTEGRITY  AND  EXPERIENCE  IN  THE  AREA OF CAMPAIGN FINANCE LAW AND/OR
ENFORCEMENT. NOT LATER THAN TEN  DAYS  THEREAFTER,  THE  STATE  CAMPAIGN
FINANCE BOARD SHALL APPOINT A CHIEF CAMPAIGN FINANCE ENFORCEMENT OFFICER
FROM  AMONG SUCH NOMINEES; PROVIDED, HOWEVER, THAT IF THE STATE CAMPAIGN
FINANCE BOARD SHALL FAIL TIMELY TO MAKE SUCH APPOINTMENT, THEN THE ADVI-
SORY COMMITTEE SHALL APPOINT A CHIEF ENFORCEMENT OFFICER FROM AMONG SUCH
NOMINEES NOT LATER THAN TEN DAYS THEREAFTER. THE CHIEF CAMPAIGN  FINANCE
ENFORCEMENT  OFFICER  SHALL  SERVE  FOR  A RENEWABLE TERM OF FIVE YEARS;
PROVIDED THAT HE OR SHE SHALL CONTINUE TO SERVE AFTER THE EXPIRATION  OF
HIS  OR HER TERM UNTIL HIS OR HER SUCCESSOR SHALL HAVE BEEN SELECTED. HE
OR SHE SHALL BE REMOVED ONLY FOR CAUSE BY MAJORITY  VOTE  OF  THE  STATE
CAMPAIGN  FINANCE BOARD, ON PRIOR CONSULTATION WITH THE ADVISORY COMMIT-
TEE, AFTER SUITABLE PUBLIC NOTICE TO THE CHIEF ENFORCEMENT  OFFICER  AND

S. 2740                             8

REASONABLE  OPPORTUNITY  FOR  HIM  OR  HER  TO BE HEARD ON THE CAUSE FOR
REMOVAL IN A PUBLIC  HEARING.  THE  ANNUAL  COMPENSATION  OF  THE  CHIEF
ENFORCEMENT  OFFICER  FOR  ELECTIONS  SHALL  BE  NO LESS THAN THE ANNUAL
COMPENSATION OF A CO-EXECUTIVE DIRECTOR OF THE STATE BOARD OF ELECTIONS.
  2.  THE CHIEF CAMPAIGN FINANCE ENFORCEMENT OFFICER SHALL APPOINT DEPU-
TIES, COUNSEL, INVESTIGATORS, ASSISTANTS AND OTHER STAFF,  CONTRACT  FOR
SERVICES  AND DO ALL THINGS NECESSARY, WITHIN APPROPRIATIONS MADE AVAIL-
ABLE THEREFOR, TO ENSURE THE PROPER  DISCHARGE  OF  THE  DUTIES  OF  THE
OFFICE  OF  CAMPAIGN  FINANCE ENFORCEMENT PURSUANT TO THIS SECTION. SUCH
STAFF SHALL BE REMOVED ONLY BY THE CHIEF  CAMPAIGN  FINANCE  ENFORCEMENT
OFFICER.  THE  CHIEF  CAMPAIGN FINANCE ENFORCEMENT OFFICER AND ALL STAFF
THEREOF SHALL REFRAIN FROM PARTISAN POLITICAL ACTIVITY FOR THE  DURATION
OF  THEIR  APPOINTMENT  OR  EMPLOYMENT  HEREUNDER. APPROPRIATIONS TO THE
OFFICE OF CAMPAIGN FINANCE ENFORCEMENT SHALL BE SUFFICIENT TO ENSURE THE
PROPER DISCHARGE OF ITS DUTIES AND RESPONSIBILITIES HEREUNDER.
  3. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW BUT  CONSISTENT  WITH
THE  PROVISIONS  OF  SUBDIVISION  FOUR  OF  THIS  SECTION, THE OFFICE OF
CAMPAIGN FINANCE ENFORCEMENT SHALL ENFORCE THE PROVISIONS OF THIS  ARTI-
CLE  AND  ARTICLE  FOURTEEN-A  OF  THIS CHAPTER IN THE NAME OF THE STATE
BOARD OF ELECTIONS. IN FURTHERANCE THEREOF AND IN CONSULTATION WITH  THE
ADVISORY  COMMITTEE,  THE  STATE  BOARD  OF ELECTIONS AND STATE CAMPAIGN
FINANCE BOARD JOINTLY SHALL  ESTABLISH  PROCEDURES  TO  IMMEDIATELY  AND
AUTOMATICALLY  INFORM  THE OFFICE OF CAMPAIGN FINANCE ENFORCEMENT OF ANY
APPARENT VIOLATION OF THIS ARTICLE OR ARTICLE FOURTEEN-A OF  THIS  CHAP-
TER,  INCLUDING  BUT  NOT  LIMITED  TO REQUIREMENTS RELATING TO CONTRIB-
UTIONS, EXPENDITURES AND THE TIMELY AND PROPER  SUBMISSION  OF  CAMPAIGN
FINANCE  STATEMENTS.  FOR  EACH  SUCH APPARENT VIOLATION ALLEGED AND FOR
EACH COMPLAINT EITHER INITIATED BY  SUCH  OFFICE  OR  RECEIVED  FROM  AN
OUTSIDE  COMPLAINANT,  THE  OFFICE OF CAMPAIGN FINANCE ENFORCEMENT SHALL
DETERMINE WHETHER THE ALLEGATION, IF TRUE, WOULD CONSTITUTE A  VIOLATION
OF  THIS ARTICLE OR ARTICLE FOURTEEN-A OF THIS CHAPTER AND MAY MAKE SUCH
INQUIRY AS NECESSARY TO EFFECTUATE SUCH DETERMINATION. WHERE THE  OFFICE
DETERMINES THAT SUCH ALLEGATIONS ARE NOT SUPPORTED BY CREDIBLE EVIDENCE,
THE  OFFICE  FORTHWITH SHALL SO INFORM THE COMPLAINANT, IF ANY, IN WRIT-
ING. WHERE THE OFFICE DETERMINES THAT SUCH ALLEGATIONS ARE SUPPORTED  BY
CREDIBLE  EVIDENCE, THE OFFICE FORTHWITH SHALL UNDERTAKE THE ENFORCEMENT
MEASURES SPECIFIED IN SUBDIVISIONS FIVE AND  SIX  OF  THIS  SECTION.  IN
FURTHERANCE  OF  SUCH INVESTIGATIONS AND ENFORCEMENT MEASURES, THE CHIEF
CAMPAIGN FINANCE ENFORCEMENT OFFICER SHALL HAVE THE POWERS TO ADMINISTER
OATHS AND AFFIRMATIONS, SUBPOENA WITNESSES AND COMPEL THEIR  ATTENDANCE,
EXAMINE THEM UNDER OATH OR AFFIRMATION AND REQUIRE THE PRODUCTION OF ANY
BOOKS,  RECORDS, DOCUMENTS OR OTHER EVIDENCE HE OR SHE MAY DEEM RELEVANT
OR MATERIAL, AND MAY DELEGATE SUCH  POWERS  TO  SUCH  EMPLOYEES  OF  THE
OFFICE  AS HE OR SHE MAY DETERMINE; PROVIDED THAT IN CONNECTION WITH ANY
SUCH INVESTIGATION, ANY GRANT OF IMMUNITY  BY  THE  OFFICE  OF  CAMPAIGN
FINANCE  ENFORCEMENT SHALL COMPLY WITH THE PROVISIONS OF SUBDIVISION SIX
OF SECTION 3-102 OF THIS CHAPTER.  IN  FURTHERANCE  OF  ITS  POWERS  AND
DUTIES PURSUANT TO THIS CHAPTER, THE OFFICE OF CAMPAIGN FINANCE ENFORCE-
MENT  SHALL BE ENTITLED TO RECEIVE THE ASSISTANCE AND COOPERATION OF THE
STATE BOARD OF ELECTIONS, THE STATE CAMPAIGN FINANCE BOARD, THE  COMMIS-
SION  ON  PUBLIC INTEGRITY, THE STATE INSPECTOR GENERAL AND THE ATTORNEY
GENERAL OF THE STATE. EXCEPT AS NECESSARY TO  THE  PROPER  INVESTIGATION
AND  ENFORCEMENT  OF ALLEGED VIOLATIONS OF THIS ARTICLE OR ARTICLE FOUR-
TEEN-A OF THIS CHAPTER, THE OFFICE OF CAMPAIGN FINANCE ENFORCEMENT SHALL
KEEP CONFIDENTIAL ALL MATTERS PERTAINING THERETO UNTIL A  CIVIL  PENALTY
IS ASSESSED OR A CRIMINAL CHARGE IS MADE PURSUANT TO LAW. TO THE MAXIMUM

S. 2740                             9

EXTENT  PRACTICABLE  CONSISTENT WITH SUCH CONFIDENTIALITY, THE OFFICE OF
CAMPAIGN FINANCE ENFORCEMENT SHALL COLLABORATE WITH THE STATE  BOARD  OF
ELECTIONS TO OBTAIN INFORMATION RELEVANT TO THE EFFECTIVE ENFORCEMENT OF
THIS  ARTICLE  AND  ARTICLE  FOURTEEN-A  OF THIS CHAPTER, PROMOTE PUBLIC
UNDERSTANDING AND DETER VIOLATIONS THEREOF.
  4. THE OFFICE OF CAMPAIGN FINANCE ENFORCEMENT SHALL  PROMULGATE  RULES
AND  PROCEDURES  FOR  THE DISCHARGE OF ITS POWERS AND DUTIES PURSUANT TO
THIS ARTICLE AND ARTICLE FOURTEEN-A OF THIS CHAPTER, INCLUDING  BUT  NOT
LIMITED TO PROCEDURES GOVERNING THE MANDATORY COLLECTION OF CIVIL PENAL-
TIES,  INVESTIGATIONS  AND  PROSECUTIONS CONSISTENT WITH LAW. SUCH RULES
SHALL PROVIDE FOR ADJUDICATORY PROCEDURES NOT INCONSISTENT WITH SUBDIVI-
SION THREE OF SECTION THREE HUNDRED  ONE  OF  THE  STATE  ADMINISTRATIVE
PROCEDURE  ACT  FOR  THE  ASSESSMENT  OF  A CIVIL PENALTY EXCEEDING FIVE
HUNDRED DOLLARS PER VIOLATION; THE APPOINTMENT AND COMPENSATION OF QUAL-
IFIED AND INDEPENDENT HEARING OFFICERS TO PRESIDE IN SUCH  ADJUDICATIONS
WHO  SHALL  BE MEMBERS OF THE BAR OF THIS STATE IN GOOD STANDING AND WHO
SHALL NOT BE EMPLOYEES OF THE STATE, OFFICERS OF A  POLITICAL  PARTY  OR
OFFICERS  OR  AGENTS OF ANY CAMPAIGN COMMITTEE AT THE TIME OF SERVICE OR
FOR TWO YEARS PRECEDING APPOINTMENT; AND THE PROVISION OF WRITTEN  FIND-
INGS OF FACT AND CONCLUSIONS OF LAW ON THE DISPOSITION OF ANY SUCH ADJU-
DICATION.  SUCH  RULES MAY PROVIDE FOR THE ASSESSMENT OF INTEREST AND/OR
ADDITIONAL CIVIL PENALTIES FOR LATE PAYMENT WHICH SHALL BE COLLECTED  IN
THE SAME MANNER AS AN ORIGINAL CIVIL PENALTY.
  5.  IN THE CASE OF A CIVIL PENALTY REQUIRED TO BE ASSESSED PURSUANT TO
SUBDIVISION ONE OF  SECTION  14-126  OF  THIS  ARTICLE,  THE  OFFICE  OF
CAMPAIGN FINANCE ENFORCEMENT SHALL ENSURE TIMELY AND PROPER NOTIFICATION
TO  ALLEGED  VIOLATORS, BY CERTIFIED MAIL RETURN RECEIPT REQUESTED OR BY
PERSONAL SERVICE, AND THE TIMELY AND COMPLETE REMITTANCE  OF  PENALTIES,
INCLUDING  ANY  INTEREST  OR FURTHER PENALTIES ASSESSED THEREON. A CHAL-
LENGE TO SUCH A PENALTY ASSESSMENT SHALL LIE PURSUANT TO ARTICLE  SEVEN-
TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  6. UPON THE ESTABLISHMENT OF PROBABLE CAUSE TO BELIEVE THAT A CRIMINAL
VIOLATION  OF  THIS  ARTICLE  OR  ARTICLE FOURTEEN-A OF THIS CHAPTER HAS
OCCURRED, THE CHIEF ENFORCEMENT OFFICER FORTHWITH SHALL  SO  NOTIFY  THE
ATTORNEY  GENERAL  AND  TRANSMIT  THE  EVIDENCE SUPPORTING SUCH PROBABLE
CAUSE; PROVIDED THAT THE  CONFIDENTIALITY  OF  SUCH  EVIDENCE  OTHERWISE
SHALL BE PROTECTED. THE ATTORNEY GENERAL SHALL REVIEW SUCH EVIDENCE AND,
NO  LATER  THAN  SIXTY  DAYS  AFTER RECEIVING THE SAME, SHALL INFORM THE
CHIEF CAMPAIGN FINANCE ENFORCEMENT  OFFICER  EITHER  THAT  THE  ATTORNEY
GENERAL  SHALL  COMMENCE  A PROSECUTION OF SUCH VIOLATION, IN WHICH CASE
THE ATTORNEY GENERAL SHALL PROSECUTE SUCH ACTION, OR THAT  THE  ATTORNEY
GENERAL  DECLINES TO PROSECUTE; PROVIDED THAT ON EX PARTE APPLICATION OF
THE ATTORNEY GENERAL FOR GOOD CAUSE SHOWN, A SUPERIOR COURT IN ANY COUN-
TY IN WHICH VENUE WOULD LIE FOR SUCH PROSECUTION  MAY  EXTEND  THE  TIME
NECESSARY FOR THE ATTORNEY GENERAL TO MAKE THE DETERMINATION REQUIRED BY
THIS  SUBDIVISION. IF THE ATTORNEY GENERAL THEREAFTER DECLINES TO PROSE-
CUTE, THEN THE CHIEF CAMPAIGN FINANCE ENFORCEMENT OFFICER MAY  PROSECUTE
SUCH  OFFENSE IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK, AND IN
PURSUANCE THEREOF SHALL HAVE ALL THE POWERS AND  DUTIES  OF  A  DISTRICT
ATTORNEY  AND  MAY  PROSECUTE  SUCH  OFFENSE  IN  ANY  COUNTY IN WHICH A
DISTRICT ATTORNEY COULD PROSECUTE IT; PROVIDED, THAT THE  COSTS  ASSOCI-
ATED  THEREWITH  SHALL  BE CHARGES AGAINST THE STATE BOARD OF ELECTIONS.
NOTHING IN THIS SUBDIVISION SHALL  IMPAIR  ANY  POWER  OF  THE  ATTORNEY
GENERAL PURSUANT TO SECTION SIXTY-THREE-E OF THE EXECUTIVE LAW OR OF ANY
DISTRICT ATTORNEY.

S. 2740                            10

  7. THE CHIEF CAMPAIGN FINANCE ENFORCEMENT OFFICER SHALL REPORT ANNUAL-
LY  TO  THE  GOVERNOR,  LEGISLATURE,  ADVISORY COMMITTEE, STATE BOARD OF
ELECTIONS AND STATE CAMPAIGN FINANCE BOARD ON THE CONDUCT AND AFFAIRS OF
THE OFFICE. SUCH REPORT SHALL INCLUDE A SUMMARY FOR THE PRECEDING TWELVE
MONTH  PERIOD  SETTING FORTH THE NUMBER OF INVESTIGATIONS CONDUCTED, THE
NUMBER OF RANDOM AUDITS CONDUCTED PURSUANT TO  SECTION  14-134  OF  THIS
ARTICLE,  THE  NUMBER AND AMOUNT OF CIVIL PENALTIES ASSESSED, THE NUMBER
AND AMOUNT OF CIVIL PENALTIES PAID AND UNPAID, THE NATURE OF  CIVIL  AND
CRIMINAL  VIOLATIONS  ALLEGED,  COURT ACTIONS IN PROGRESS, COURT ACTIONS
COMPLETED, REGULATIONS OR OTHER PROTOCOLS ADOPTED, AMENDED OR RESCINDED,
TRENDS IN THE NATURE AND/OR NUMBER OF SUCH VIOLATIONS OVER THE PRECEDING
TWELVE MONTH PERIOD, AND  SUCH  OTHER  MATTERS  AS  THE  CHIEF  CAMPAIGN
FINANCE ENFORCEMENT OFFICER MAY DETERMINE TO MAXIMIZE PUBLIC UNDERSTAND-
ING OF THE STATUS AND EFFECTIVENESS OF CAMPAIGN FINANCE ENFORCEMENT.
  S 14-134. RANDOM AUDITS. IN ADDITION TO OTHER POWERS AND DUTIES SPECI-
FIED  IN  THIS ARTICLE, THE OFFICE OF CAMPAIGN FINANCE ENFORCEMENT SHALL
HAVE THE POWER AND DUTY TO CONDUCT A PROGRAM OF RANDOM AUDITS SUBJECT TO
THE PROVISIONS OF THIS SECTION. SUCH PROGRAM SHALL BE CARRIED OUT IN THE
FOLLOWING MANNER:
  1. THE OFFICE OF CAMPAIGN FINANCE ENFORCEMENT  SHALL  RANDOMLY  SELECT
FOR AUDIT COMMITTEES REQUIRED TO FILE PURSUANT TO THIS ARTICLE AND ARTI-
CLE FOURTEEN-A OF THIS CHAPTER. SUCH SELECTION SHALL BE DONE IN A MANNER
PURSUANT  TO  WHICH  THE  IDENTITY,  POLITICAL  AFFILIATION  AND MAILING
ADDRESS OF ANY PARTICULAR COMMITTEE WHOSE FILINGS ARE TO BE  AUDITED  IS
UNKNOWN  TO  THE  OFFICE,  ITS  STAFF  OR  ANY  AGENTS  THEREOF PRIOR TO
SELECTION.
  2. THE OFFICE OF CAMPAIGN FINANCE ENFORCEMENT SHALL DEVELOP  PROTOCOLS
FOR  THE CONDUCT OF SUCH RANDOM AUDITS, IN CONSULTATION WITH THE COMMIS-
SION ON PUBLIC INTEGRITY AND ANY OTHER INSTRUMENTALITY OF STATE OR LOCAL
GOVERNMENT THAT MAY CONDUCT RANDOM  AUDITS  PURSUANT  TO  LAW.    RANDOM
AUDITS  BY  THE  OFFICE  OF CAMPAIGN FINANCE ENFORCEMENT MAY REQUIRE THE
PRODUCTION OF BOOKS, PAPERS, RECORDS OR MEMORANDA RELEVANT AND  MATERIAL
TO  THE  PREPARATION  OF  STATEMENTS REQUIRED BY THIS ARTICLE OR ARTICLE
FOURTEEN-A OF THIS CHAPTER TO BE FILED DURING THE  PREVIOUS  TWENTY-FOUR
MONTHS,  FOR  EXAMINATION BY THE OFFICE OF CAMPAIGN FINANCE ENFORCEMENT.
SUCH PROTOCOLS SHALL ENSURE THAT SIMILARLY SITUATED  FILERS  AND  STATE-
MENTS THEREOF ARE AUDITED IN A UNIFORM MANNER.
  3.  THE  OFFICE OF CAMPAIGN FINANCE ENFORCEMENT SHALL CONTRACT WITH AN
OUTSIDE ACCOUNTING ENTITY, WHICH SHALL MONITOR THE PROCESS  PURSUANT  TO
WHICH THE OFFICE SELECTS PERSONS, CANDIDATES AND/OR COMMITTEES FOR AUDIT
AND  CARRIES  OUT  THE  PROVISIONS  OF  SUBDIVISIONS ONE AND TWO OF THIS
SECTION,  AND  SHALL  CERTIFY  THAT  SUCH  PROCESS  COMPLIES  WITH   THE
PROVISIONS THEREOF.
  4.  UPON  COMPLETION  OF  A RANDOM AUDIT PURSUANT TO THIS SECTION, THE
OFFICE OF CAMPAIGN FINANCE ENFORCEMENT SHALL DETERMINE WHETHER THERE  IS
REASONABLE  CAUSE  TO BELIEVE THAT ANY STATEMENT REQUIRED TO BE FILED BY
THIS ARTICLE OR ARTICLE FOURTEEN-A OF THIS CHAPTER  IS  MISSING,  INCOM-
PLETE  OR  INACCURATE.  UPON  A DETERMINATION THAT SUCH REASONABLE CAUSE
EXISTS, THE OFFICE MAY REQUIRE THE PRODUCTION OF FURTHER BOOKS,  RECORDS
OR  MEMORANDA, SUBPOENA WITNESSES, COMPEL THEIR ATTENDANCE AND TESTIMONY
AND ADMINISTER OATHS OR AFFIRMATIONS, TO THE EXTENT  THE  OFFICE  DETER-
MINES  SUCH  ACTIONS  ARE  NECESSARY  TO OBTAIN INFORMATION RELEVANT AND
MATERIAL TO INVESTIGATING SUCH OMISSIONS AND/OR INACCURACIES.
  5. WHERE THE OFFICE OF CAMPAIGN FINANCE ENFORCEMENT DETERMINES ON  THE
BASIS  OF  SUCH  A RANDOM AUDIT OR FURTHER INQUIRY PURSUANT THERETO THAT
THERE WAS A VIOLATION OF ANY PROVISION OF THIS ARTICLE OR ARTICLE  FOUR-

S. 2740                            11

TEEN-A  OF THIS CHAPTER, THE ENFORCEMENT PROVISIONS OF SECTION 14-132 OF
THIS ARTICLE SHALL APPLY; PROVIDED, THAT NOTHING HEREUNDER SHALL REQUIRE
A RANDOM AUDIT AS A CONDITION OF ANY INVESTIGATION OR ENFORCEMENT PURSU-
ANT TO THIS ARTICLE OR ARTICLE FOURTEEN-A OF THIS CHAPTER.
  S  14-136.  SUCCESSOR  ENFORCEMENT  BODIES.  NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, IF ANY STATUTE SHALL, ON OR AFTER THE  EFFECTIVE  DATE
OF  THIS  SECTION,  DEVOLVE TO THE COMMISSION ON PUBLIC INTEGRITY, OR TO
ANY SUCCESSOR COMMISSION OR  BODY  THERETO,  AUTHORITY  TO  ENFORCE  THE
PROVISIONS OF THIS ARTICLE, THEN ON THE EFFECTIVE DATE OF SUCH STATUTE:
  1.  ALL  INVESTIGATORY,  ENFORCEMENT AND AUDITING POWERS AND DUTIES OF
THE OFFICE OF CAMPAIGN FINANCE ENFORCEMENT SHALL DEVOLVE TO SUCH COMMIS-
SION OR BODY, WHICH THEREAFTER SHALL UNDERTAKE SUCH POWERS AND DUTIES IN
THE MANNER PRESCRIBED BY THIS ARTICLE;
  2. ALL OTHER REFERENCES TO THE OFFICE OF CAMPAIGN FINANCE  ENFORCEMENT
IN THIS CHAPTER SHALL BE CONSTRUED TO REFER TO SUCH COMMISSION OR BODY;
  3.  THE  OFFICE  OF  CAMPAIGN  FINANCE  ENFORCEMENT  SHALL  BE  DEEMED
DISSOLVED; AND
  4. THE STATE BOARD OF ELECTIONS AND SUCH SUCCESSOR COMMISSION OR  BODY
SHALL  PROVIDE  FOR  THE  TIMELY TRANSFER OF THE RECORDS, PAPERS, CASES,
PERSONNEL AND EFFECTS OF THE OFFICE OF CAMPAIGN FINANCE  ENFORCEMENT  TO
SUCH COMMISSION OR BODY.
  S  14-138.  OFFICIAL  COMMUNICATIONS BY ELECTRONIC MEANS. ALL OFFICIAL
COMMUNICATIONS REQUIRED OR AUTHORIZED BY THIS ARTICLE OR  ARTICLE  FOUR-
TEEN-A  OF THIS CHAPTER TO BE SENT TO A CANDIDATE, COMMITTEE OR AN AGENT
THEREOF SHALL BE SENT BOTH BY MAIL IN THE MANNER SPECIFIED BY SUCH ARTI-
CLE AND BY ELECTRONIC MAIL TO THE ELECTRONIC MAIL ADDRESS OR  ADDRESSES,
IF  ANY, ON FILE WITH THE STATE BOARD OF ELECTIONS FOR SUCH COMMITTEE OR
AGENT; PROVIDED THAT NO SUCH COMMUNICATION SHALL BE DEEMED  UNTIMELY  OR
OTHERWISE  DEFECTIVE SOLELY ON GROUNDS THAT THE ELECTRONIC COMMUNICATION
SHALL NOT BE SENT OR RECEIVED. IN LIEU OF COMMUNICATIONS BY CERTIFIED OR
EXPRESS MAIL, A CANDIDATE OR COMMITTEE MAY  ELECT  TO  RECEIVE  OFFICIAL
COMMUNICATIONS BY FACSIMILE OR OTHER ELECTRONIC MEANS; PROVIDED THAT THE
MEANS  OF  MAKING  EACH  SUCH  TRANSMISSION  IN LIEU OF COMMUNICATION BY
CERTIFIED OR EXPRESS MAIL SHALL ENSURE AUTOMATIC DELIVERY  OF  PROOF  TO
THE  SENDER  THAT  SUCH COMMUNICATION PROPERLY WAS RECEIVED AND THE TIME
AND DATE OF SUCH RECEIPT. THE STATE BOARD OF ELECTIONS SHALL  PROMULGATE
RULES TO GOVERN COMMUNICATIONS BY ELECTRONIC MEANS HEREUNDER.
  S  8.  Section  16-114  of the election law is amended by adding a new
subdivision 5 to read as follows:
  5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE OFFICE OF
CAMPAIGN FINANCE ENFORCEMENT, ESTABLISHED PURSUANT TO SECTION 14-132  OF
THIS  ARTICLE,  TO  COMMENCE  A  JUDICIAL  PROCEEDING TO COLLECT A CIVIL
PENALTY ASSESSABLE PURSUANT TO SECTION 14-126 OF THIS ARTICLE.
  S 9. The executive law is amended by adding a new section 63-e to read
as follows:
  S 63-E. POWERS OF THE ATTORNEY GENERAL TO ENFORCE  THE  ELECTION  LAW.
THE  ATTORNEY  GENERAL  MAY  INVESTIGATE  ANY  ALLEGED CIVIL OR CRIMINAL
VIOLATION OF THE ELECTION LAW ON HIS OR HER OWN INVESTIGATION,  INFORMA-
TION  FILED  WITH THE STATE BOARD OF ELECTIONS OR STATE CAMPAIGN FINANCE
BOARD, OR COMPLAINT OF A PRIVATE CITIZEN.  WHERE  THE  ATTORNEY  GENERAL
SHALL  DETERMINE  THAT  PROBABLE CAUSE EXISTS OF A CRIMINAL VIOLATION OF
ARTICLE FOURTEEN OR FOURTEEN-A OF THE ELECTION LAW, THE ATTORNEY GENERAL
MAY SO INFORM THE CHIEF CAMPAIGN  FINANCE  ENFORCEMENT  OFFICER  OF  THE
OFFICE  OF  CAMPAIGN FINANCE ENFORCEMENT ESTABLISHED PURSUANT TO SECTION
14-132 OF THE ELECTION LAW AND  PROVIDE  THE  EVIDENCE  SUPPORTING  SUCH
PROBABLE  CAUSE.  NOTWITHSTANDING  ANY  CONTRARY  PROVISION  OF LAW, THE

S. 2740                            12

ATTORNEY GENERAL MAY PROSECUTE A CRIMINAL VIOLATION OF ARTICLE  FOURTEEN
OR FOURTEEN-A OF THE ELECTION LAW IN THE MANNER AND TO THE EXTENT SPECI-
FIED IN SUBDIVISION SIX OF SECTION 14-132 OF THE ELECTION LAW. IN FURTH-
ERANCE  OF THE POWERS AND DUTIES SPECIFIED IN THIS SECTION, THE ATTORNEY
GENERAL IS AUTHORIZED TO TAKE PROOFS, MAKE  DETERMINATIONS  OF  RELEVANT
FACTS AND ISSUE SUBPOENAS IN ACCORDANCE WITH LAW, AND SUCH AUTHORIZATION
SHALL  NOT  ABATE OR TERMINATE BY REASON OF ANY CIVIL OR CRIMINAL ACTION
OR PROCEEDING TO ENFORCE THE ELECTION LAW OR ANY COLLECTION OR  DETERMI-
NATION  TO  COLLECT  A  CIVIL  PENALTY PURSUANT THERETO. NOTHING IN THIS
SECTION SHALL IMPAIR THE ENFORCEMENT JURISDICTION OF ANY DISTRICT ATTOR-
NEY IN THIS STATE OR THE OFFICE OF CAMPAIGN FINANCE ENFORCEMENT PURSUANT
TO LAW.
  S 10. Subdivision 9 of section 94 of the executive law is  amended  by
adding a new paragraph (j-1) to read as follows:
  (J-1)  ADVISE  AND  ASSIST  THE OFFICE OF CAMPAIGN FINANCE ENFORCEMENT
ESTABLISHED PURSUANT TO SECTION 14-132 OF THE  ELECTION  LAW  TO  EFFEC-
TIVELY DISCHARGE THE POWERS AND DUTIES OF SUCH OFFICE, INCLUDING BUT NOT
LIMITED TO ENSURING THE PROMPT AND ACCURATE DISSEMINATION TO SUCH OFFICE
OF  THE  NAMES  AND  ADDRESSES  OF PERSONS REQUIRED TO FILE AS LOBBYISTS
PURSUANT TO ARTICLE ONE-A OF THE LEGISLATIVE LAW;
  S 11. This act shall take effect on the first day of January following
the general election of members of the legislature next  succeeding  the
day  on  which  this  act shall have become a law; provided that section
3-201 of the election law, as added by section three of  this  act,  and
subdivisions one, two and four of section 14-132 of the election law, as
added by section seven of this act, shall take effect immediately.

                                 PART B

  Section 1. The election law is amended by adding a new article 14-A to
read as follows:

                              ARTICLE 14-A
                VOLUNTARY CLEAN ELECTION CAMPAIGN FINANCE

SECTION 14-150. DEFINITIONS.
        14-152. ELIGIBILITY AND OTHER REQUIREMENTS.
        14-154. QUALIFIED CAMPAIGN EXPENDITURES; RESTRICTIONS ON USE.
        14-156. CAMPAIGN CONTRIBUTIONS.
        14-158. OPTIONAL CLEAN ELECTION CAMPAIGN FINANCING.
        14-160. GRANT   AMOUNTS   FOR   PRIMARY   AND  GENERAL  ELECTION
                  CAMPAIGNS.
        14-162. OPTIONAL PUBLIC FUNDING FOR PARTY COMMITTEES.
        14-164. OFFICE HOLDERS ACCOUNTS.
        14-166. POWER AND DUTIES OF THE STATE CAMPAIGN FINANCE BOARD.
        14-168. NEW YORK STATE CLEAN ELECTION CAMPAIGN FINANCE FUND.
        14-170. DISBURSAL OF REVENUE FOR CLEAN ELECTION CAMPAIGN FINANC-
                  ING.
        14-172. EXAMINATIONS; REPAYMENTS.
        14-174. ENFORCEMENT AND PENALTIES.
        14-176. CAMPAIGNS FOR OFFICE NOT SUBJECT TO THIS ARTICLE.
        14-178. QUADRENNIAL REPORTS.
  S 14-150. DEFINITIONS. FOR PURPOSES OF  THIS  ARTICLE,  THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "AUTHORIZED  COMMITTEE"  SHALL MEAN A POLITICAL COMMITTEE THAT HAS
BEEN AUTHORIZED BY ONE OR MORE CANDIDATES TO AID OR  TAKE  PART  IN  THE

S. 2740                            13

ELECTIONS OF SUCH CANDIDATE OR CANDIDATES AND THAT HAS FILED A STATEMENT
THAT SUCH CANDIDATE OR CANDIDATES HAVE AUTHORIZED SUCH POLITICAL COMMIT-
TEE PURSUANT TO SECTION 14-112 OF THIS CHAPTER.
  2. "BOARD" SHALL MEAN THE NEW YORK STATE CAMPAIGN FINANCE BOARD ESTAB-
LISHED IN SECTION 3-101 OF THIS CHAPTER.
  3.  "CONTRIBUTION" SHALL MEAN: (A) ANY GIFT, SUBSCRIPTION, ADVANCE, OR
DEPOSIT OF MONEY OR ANYTHING OF VALUE, MADE IN CONNECTION WITH THE NOMI-
NATION FOR ELECTION, OR  ELECTION,  OF  ANY  CANDIDATE;  (B)  ANY  FUNDS
RECEIVED  BY  A POLITICAL COMMITTEE FROM ANOTHER POLITICAL COMMITTEE; OR
(C) ANY PAYMENT, BY ANY PERSON OTHER THAN A  CANDIDATE  OR  HIS  OR  HER
PRINCIPAL   COMMITTEE,  MADE  IN  CONNECTION  WITH  THE  NOMINATION  FOR
ELECTION, OR ELECTION, OF ANY CANDIDATE, INCLUDING BUT  NOT  LIMITED  TO
COMPENSATION  FOR  THE  PERSONAL  SERVICES  OF  ANY  INDIVIDUAL THAT ARE
RENDERED IN CONNECTION WITH A CANDIDATE'S ELECTION OR NOMINATION WITHOUT
CHARGE; PROVIDED, HOWEVER, THAT NONE OF THE FOREGOING SHALL BE DEEMED  A
CONTRIBUTION  IF  MADE,  TAKEN  OR  PERFORMED BY A PERSON OR A POLITICAL
COMMITTEE INDEPENDENT OF THE CANDIDATE OR HIS OR HER AGENTS OR PRINCIPAL
COMMITTEE PURSUANT TO SECTION 14-112 OF THIS CHAPTER.  FOR  PURPOSES  OF
THIS  SUBDIVISION,  THE TERM "INDEPENDENT OF THE CANDIDATE OR HIS OR HER
AGENTS OR PRINCIPAL COMMITTEE PURSUANT TO SECTION 14-112 OF  THIS  CHAP-
TER"  SHALL  MEAN  THAT  THE CANDIDATE OR HIS OR HER AGENTS OR PRINCIPAL
COMMITTEE DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER  OR  COOPERATE  IN
ANY  SUCH  ACTIVITY;  AND PROVIDED FURTHER, THAT THE TERM "CONTRIBUTION"
SHALL NOT INCLUDE:
  (I) THE VALUE OF SERVICES PROVIDED WITHOUT COMPENSATION BY INDIVIDUALS
WHO VOLUNTEER A PORTION OR ALL OF THEIR TIME ON BEHALF OF A CANDIDATE OR
POLITICAL COMMITTEE;
  (II) THE USE OF REAL OR PERSONAL PROPERTY AND THE COST OF INVITATIONS,
FOOD AND BEVERAGES VOLUNTARILY PROVIDED BY AN INDIVIDUAL TO A  CANDIDATE
OR  POLITICAL  COMMITTEE  ON  THE  INDIVIDUAL'S RESIDENTIAL PREMISES FOR
CANDIDATE-RELATED ACTIVITIES TO THE EXTENT SUCH SERVICES DO  NOT  EXCEED
FIVE HUNDRED DOLLARS IN VALUE;
  (III)  THE  TRAVEL  EXPENSES  OF  ANY INDIVIDUAL WHO ON HIS OR HER OWN
BEHALF VOLUNTEERS HIS OR HER PERSONAL SERVICES TO ANY CANDIDATE OR POLI-
TICAL COMMITTEE TO THE EXTENT SUCH EXPENSES ARE NOT  REIMBURSED  AND  DO
NOT EXCEED FIVE HUNDRED DOLLARS IN VALUE;
  (IV) EXPENDITURES BY A BONA FIDE MEMBERSHIP ORGANIZATION IN SUPPORT OF
THE  FOLLOWING  ACTIVITIES BY MEMBERS OF THE ORGANIZATION WHO ARE VOLUN-
TEERING THEIR TIME ON BEHALF OF  A  CANDIDATE,  NOT  TO  EXCEED  FIFTEEN
DOLLARS  PER MEMBER WHO VOLUNTEERS, FOR: TRANSPORTATION OF VOLUNTEERS TO
CAMPAIGN ACTIVITIES; COST OF FEEDING VOLUNTEERS WHILE  VOLUNTEERING  FOR
THE  CAMPAIGN; AND MATERIALS SUCH AS BADGES AND CLOTHING THAT IDENTIFIES
THE NAME OF THE ORGANIZATION AND/OR CANDIDATE; AND
  (V) PARTY EXPENDITURES BY A PARTY COMMITTEE TO  THE  EXTENT  THAT  THE
TOTAL  AMOUNT OF SUCH PARTY EXPENDITURES UNDER PARAGRAPHS (A) AND (B) OF
SUBDIVISION EIGHT OF THIS SECTION DO NOT EXCEED THE FOLLOWING AMOUNTS:
  (A) ONE MILLION DOLLARS FOR A CANDIDATE  FOR  GOVERNOR  IN  A  GENERAL
ELECTION;
  (B)  FIVE  HUNDRED THOUSAND DOLLARS FOR A CANDIDATE FOR COMPTROLLER OR
ATTORNEY GENERAL IN A GENERAL ELECTION;
  (C) ONE HUNDRED THOUSAND DOLLARS FOR A CANDIDATE FOR STATE SENATE IN A
GENERAL OR SPECIAL ELECTION; OR
  (D) FORTY THOUSAND DOLLARS FOR A CANDIDATE FOR ASSEMBLY IN  A  GENERAL
OR SPECIAL ELECTION.
  4.  "COVERED  ELECTION" SHALL MEAN ANY PRIMARY ELECTION FOR NOMINATION
FOR ELECTION AS A PARTY CANDIDATE, OR ANY GENERAL  ELECTION  OR  SPECIAL

S. 2740                            14

ELECTION  FOR  ELECTION, TO THE OFFICE OF GOVERNOR, LIEUTENANT GOVERNOR,
ATTORNEY GENERAL, COMPTROLLER, SENATOR OR MEMBER OF ASSEMBLY.
  5.  "GENERAL ELECTION CAMPAIGN PERIOD" SHALL MEAN THE PERIOD BEGINNING
THE DAY AFTER THE PRIMARY ELECTION AND  ENDING  THIRTY  DAYS  AFTER  THE
GENERAL ELECTION.
  6.  "INDEPENDENT EXPENDITURE" SHALL MEAN AN EXPENDITURE BY ANY PERSON,
POLITICAL PARTY OR OTHER  ENTITY  OTHER  THAN  A  CANDIDATE'S  PRINCIPAL
COMMITTEE  THAT IS MADE FOR A COMMUNICATION THAT EXPRESSLY ADVOCATES THE
ELECTION OR DEFEAT OF  A  CLEARLY  IDENTIFIED  CANDIDATE  IN  A  COVERED
ELECTION  THAT  IS  MADE WITHOUT THE PARTICIPATION OR COOPERATION OF, OR
COORDINATION OR CONSULTATION WITH, ANY CANDIDATE, CANDIDATE'S  COMMITTEE
OR  PERSON  WORKING  ON  BEHALF OF A CANDIDATE OR ANY COMMUNICATION THAT
NAMES OR DEPICTS A CLEARLY IDENTIFIED CANDIDATE AND IS DISSEMINATED LESS
THAN THIRTY-ONE DAYS BEFORE THE ELECTION.
  7. "NON-PARTICIPATING CANDIDATE" SHALL MEAN A  CANDIDATE  WHO  REJECTS
CLEAN ELECTION CAMPAIGN FINANCING AND CHOOSES TO RUN IN AN ELECTION WITH
CAMPAIGN  CONTRIBUTIONS RAISED FROM PRIVATE SOURCES, OR WHO OTHERWISE IS
INELIGIBLE OR FAILS TO QUALIFY FOR CLEAN  ELECTION  CAMPAIGN  FINANCING.
NON-PARTICIPATING  CANDIDATES  SHALL  BE  INELIGIBLE  TO  RECEIVE  CLEAN
ELECTION CAMPAIGN FINANCING OR OTHER BENEFITS AS DEFINED BY  THIS  ARTI-
CLE.
  8.  "PARTY EXPENDITURE" SHALL MEAN AN EXPENDITURE BY A PARTY COMMITTEE
FOR THE BENEFIT OF A CANDIDATE OR CANDIDATE COMMITTEE FOR:
  (A) THE PREPARATION, DISPLAY OR MAILING OR  OTHER  DISTRIBUTION  OF  A
PARTY  CANDIDATE  LISTING.  AS  USED IN THIS PARAGRAPH, "PARTY CANDIDATE
LISTING" MEANS ANY COMMUNICATION THAT MEETS THE FOLLOWING CRITERIA:
  (I) THE COMMUNICATION LISTS  THE  NAME  OR  NAMES  OF  CANDIDATES  FOR
ELECTION TO PUBLIC OFFICE;
  (II)  THE COMMUNICATION IS DISTRIBUTED THROUGH PUBLIC ADVERTISING SUCH
AS BROADCAST TELEVISION STATIONS, CABLE TELEVISION, NEWSPAPERS OR  SIMI-
LAR  MEDIA, OR THROUGH DIRECT MAIL, TELEPHONE, ELECTRONIC MAIL, PUBLICLY
ACCESSIBLE SITES ON THE INTERNET OR PERSONAL DELIVERY;
  (III) THE TREATMENT OF ALL CANDIDATES IN THE COMMUNICATION IS SUBSTAN-
TIALLY SIMILAR; AND
  (IV) THE CONTENT OF THE COMMUNICATION IS LIMITED TO:
  (A) FOR EACH SUCH CANDIDATE, IDENTIFYING INFORMATION, INCLUDING PHOTO-
GRAPHS, OFFICE SOUGHT, OFFICE CURRENTLY HELD BY THE CANDIDATE,  IF  ANY,
PARTY  ENROLLMENT  OF  THE  CANDIDATE,  A BRIEF STATEMENT CONCERNING THE
CANDIDATE'S POSITIONS, PHILOSOPHY, GOALS, ACCOMPLISHMENTS OR  BIOGRAPHY,
AND  THE  POSITIONS,  PHILOSOPHY, GOALS OR ACCOMPLISHMENTS OF THE CANDI-
DATE'S PARTY;
  (B) ENCOURAGEMENT TO VOTE FOR EACH SUCH CANDIDATE; AND
  (C)  INFORMATION  CONCERNING  VOTING,  INCLUDING  VOTING   HOURS   AND
LOCATIONS;
  (B)  A DOCUMENT IN PRINTED OR ELECTRONIC FORM, INCLUDING A PARTY PLAT-
FORM, A COPY OF AN ISSUE PAPER, INFORMATION PERTAINING TO  THE  REQUIRE-
MENTS  OF  THIS TITLE, A LIST OF REGISTERED VOTERS AND VOTER IDENTIFICA-
TION INFORMATION, WHICH DOCUMENT IS CREATED OR  MAINTAINED  BY  A  PARTY
COMMITTEE, FOR THE GENERAL PURPOSES OF PARTY BUILDING AND IS PROVIDED TO
A CANDIDATE WHO IS A MEMBER OF THE PARTY THAT HAS ESTABLISHED SUCH PARTY
COMMITTEE;
  (C) A CAMPAIGN EVENT AT WHICH A CANDIDATE OR CANDIDATES ARE PRESENT;
  (D)  THE RETENTION OF THE SERVICES OF AN ADVISOR TO PROVIDE ASSISTANCE
RELATING TO CAMPAIGN ORGANIZATION, FINANCING, ACCOUNTING, STRATEGY,  LAW
OR MEDIA; OR

S. 2740                            15

  (E)  THE  USE  OF OFFICES, TELEPHONES, COMPUTERS AND SIMILAR EQUIPMENT
WHICH DOES NOT RESULT IN ADDITIONAL COST TO THE PARTY COMMITTEE.
  9.  "POLITICAL  COMMITTEE" SHALL HAVE THE MEANING SET FORTH IN SECTION
14-100 OF THIS CHAPTER.
  10. "PRINCIPAL COMMITTEE" SHALL MEAN THE AUTHORIZED  COMMITTEE  DESIG-
NATED BY A CANDIDATE PURSUANT TO THIS ARTICLE.
  11.  "QUALIFIED  CAMPAIGN  EXPENDITURE"  SHALL MEAN AN EXPENDITURE FOR
WHICH CLEAN ELECTION CAMPAIGN FUNDS MAY BE USED PURSUANT TO  THIS  ARTI-
CLE.
  12.  "QUALIFIED CANDIDATE" SHALL MEAN ANY CANDIDATE FOR NOMINATION FOR
ELECTION, OR ELECTION, TO THE OFFICE OF GOVERNOR,  LIEUTENANT  GOVERNOR,
ATTORNEY  GENERAL,  COMPTROLLER,  SENATOR  OR MEMBER OF THE ASSEMBLY WHO
QUALIFIES FOR CLEAN ELECTION CAMPAIGN FUNDS BY COLLECTING  THE  REQUIRED
NUMBER  OF  QUALIFYING  CONTRIBUTIONS AND AGREEING TO OTHER REQUIREMENTS
SPECIFIED IN THIS ARTICLE.
  13. "QUALIFYING CONTRIBUTION" SHALL MEAN A CONTRIBUTION  OF  AT  LEAST
FIVE DOLLARS AND NO MORE THAN TWO HUNDRED FIFTY DOLLARS PER CONTRIBUTION
WHICH IS MADE TO THE PRINCIPAL COMMITTEE AND WHICH IS COUNTED TOWARD THE
AGGREGATE  NUMBER OF QUALIFYING CONTRIBUTIONS NEEDED TO MEET THE THRESH-
OLD AMOUNT FOR A SPECIFIC OFFICE. A CONTRIBUTION SHALL BE DEEMED A QUAL-
IFYING CONTRIBUTION ONLY IF MADE BY CHECK, MONEY ORDER OR  IN  CASH  AND
ONLY  IF ACCOMPANIED BY A SIGNED STATEMENT THAT: (A) THE CONTRIBUTION IS
INTENDED TO BE A CONTRIBUTION TO SUPPORT THE  ELECTION  OF  A  CANDIDATE
SEEKING TO QUALIFY FOR A COVERED ELECTION; (B) THE CONTRIBUTION WAS MADE
FROM  THE  CONTRIBUTOR'S OWN FUNDS; AND (C) THE CONTRIBUTOR RECEIVED AND
SHALL RECEIVE NOTHING OF VALUE IN EXCHANGE  FOR  THE  CONTRIBUTION.  ANY
CONTRIBUTIONS  THAT DO NOT MEET THE REQUIREMENTS SET FORTH IN THIS ARTI-
CLE SHALL BE RETURNED TO THE CONTRIBUTOR.
  14. "QUALIFYING PERIOD" SHALL MEAN THE PERIOD DURING WHICH PARTICIPAT-
ING CANDIDATES COLLECT QUALIFYING CONTRIBUTIONS.
  15. "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE TOTAL AMOUNT OF  QUALI-
FYING  CONTRIBUTIONS THAT A PARTICIPATING CANDIDATE AND HIS OR HER PRIN-
CIPAL COMMITTEE MUST RECEIVE IN ORDER FOR SUCH CANDIDATE TO QUALIFY  FOR
CLEAN ELECTION CAMPAIGN FUNDING PURSUANT TO THIS ARTICLE.
  16.  "TRANSFER" SHALL MEAN ANY EXCHANGE OF FUNDS OR ANY THING OF VALUE
BETWEEN POLITICAL COMMITTEES AUTHORIZED BY THE SAME  CANDIDATE  PURSUANT
TO  SECTION  14-112  OF  THIS  CHAPTER  AND  TAKING  PART  IN HIS OR HER
CAMPAIGN.
  17. "OFFICE HOLDER ACCOUNT"  SHALL  REFER  TO  A  POLITICAL  COMMITTEE
ESTABLISHED UNDER SECTION 14-162 OF THIS ARTICLE.
  S  14-152.  ELIGIBILITY  AND OTHER REQUIREMENTS. 1. TO BE ELIGIBLE FOR
CLEAN ELECTION CAMPAIGN FUNDING UNDER  THIS  ARTICLE,  A  CANDIDATE  FOR
NOMINATION FOR ELECTION OR ELECTION SHALL:
  (A)  MEET  ALL  THE REQUIREMENTS OF LAW TO HAVE HIS OR HER NAME ON THE
BALLOT;
  (B) BE A CANDIDATE FOR  GOVERNOR,  LIEUTENANT  GOVERNOR,  COMPTROLLER,
ATTORNEY  GENERAL,  STATE  SENATE  OR  ASSEMBLY IN A PRIMARY, GENERAL OR
SPECIAL ELECTION AND MEET THE THRESHOLD  CRITERIA  FOR  ELIGIBILITY  SET
FORTH IN SUBDIVISIONS THREE AND FOUR OF THIS SECTION;
  (C)  CHOOSE  TO  PARTICIPATE  IN  THE  CLEAN ELECTION CAMPAIGN FUNDING
PROVISIONS OF THIS ARTICLE, BY FILING A WRITTEN  CERTIFICATION  IN  SUCH
FORM  AS  MAY  BE  PRESCRIBED  BY THE BOARD, WHICH SETS FORTH HIS OR HER
ACCEPTANCE OF AND AGREEMENT TO COMPLY WITH THE TERMS AND CONDITIONS  FOR
THE PROVISION OF SUCH FUNDS;
  (D) FURNISH TO THE BOARD AND HIS OR HER PRINCIPAL COMMITTEE ANY INFOR-
MATION  THE  BOARD  MAY REQUEST RELATING TO HIS OR HER CAMPAIGN EXPENDI-

S. 2740                            16

TURES OR CONTRIBUTIONS, INCLUDING ANY SUCH DOCUMENTATION OR OTHER  PROOF
OF COMPLIANCE WITH THIS ARTICLE AS SUCH BOARD MAY REQUEST;
  (E) NOTIFY THE BOARD IN THE CANDIDATE'S WRITTEN CERTIFICATION AS TO:
  (I)  THE  EXISTENCE  OF  EACH  AUTHORIZED COMMITTEE AUTHORIZED BY SUCH
CANDIDATE THAT HAS NOT BEEN TERMINATED;
  (II) WHETHER ANY SUCH COMMITTEE ALSO HAS BEEN AUTHORIZED BY ANY  OTHER
CANDIDATE; AND
  (III) IF THE CANDIDATE HAS AUTHORIZED MORE THAN ONE AUTHORIZED COMMIT-
TEE,  WHICH AUTHORIZED COMMITTEE HAS BEEN DESIGNATED BY THE CANDIDATE AS
THE CANDIDATE'S  PRINCIPAL  COMMITTEE  FOR  THE  ELECTION  OR  ELECTIONS
COVERED  BY THE CANDIDATE'S CERTIFICATION; PROVIDED, THAT SUCH PRINCIPAL
COMMITTEE:
  (A) SHALL BE THE ONLY COMMITTEE AUTHORIZED BY SUCH CANDIDATE TO AID OR
OTHERWISE TAKE PART IN THE ELECTION OR ELECTIONS COVERED BY  THE  CANDI-
DATE'S CERTIFICATION;
  (B) SHALL NOT BE AN AUTHORIZED COMMITTEE OF ANY OTHER CANDIDATE; AND
  (C)  SHALL  NOT  HAVE  BEEN  AUTHORIZED  OR  OTHERWISE  ACTIVE FOR ANY
ELECTION PRIOR TO THE ELECTION OR ELECTIONS COVERED BY  THE  CANDIDATE'S
CERTIFICATION.
  THE  USE OF AN ENTITY OTHER THAN THE DESIGNATED PRINCIPAL COMMITTEE TO
AID OR OTHERWISE TAKE PART IN THE ELECTION OR ELECTIONS COVERED  BY  THE
CANDIDATE'S CERTIFICATION SHALL BE A VIOLATION OF THIS SECTION AND SHALL
TRIGGER THE APPLICATION TO SUCH ENTITY OF ALL PROVISIONS OF THIS ARTICLE
GOVERNING PRINCIPAL COMMITTEES;
  (F) MAINTAIN ALONG WITH HIS OR HER PRINCIPAL COMMITTEE SUCH RECORDS OF
RECEIPTS  AND  EXPENDITURES  FOR  A  COVERED ELECTION AS REQUIRED BY THE
BOARD;
  (G) NOT MAKE ALONG WITH HIS OR HER  PRINCIPAL  COMMITTEE  EXPENDITURES
WHICH  IN  THE  AGGREGATE  EXCEED THE GRANT OF PUBLIC FUNDS SET FORTH IN
SECTION 14-160 OF THIS ARTICLE PLUS THE AMOUNT  OF  QUALIFYING  CONTRIB-
UTIONS ALLOWED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION;
  (H)  NOT  ACCEPT  AGGREGATE  PARTY  EXPENDITURES FROM THE COMMITTEE OR
COMMITTEES OF ANY POLITICAL PARTY IN EXCESS OF THE AMOUNT  SPECIFIED  IN
SUBDIVISION FOUR OF THIS SECTION;
  (I)  AGREE  TO  PARTICIPATE  IN AT LEAST TWO PUBLIC DEBATES WITH OTHER
CANDIDATES PRIOR TO THE DATE OF A PRIMARY ELECTION OR  SPECIAL  ELECTION
AND  AT LEAST THREE DEBATES WITH OTHER CANDIDATES PRIOR TO THE DATE OF A
GENERAL ELECTION. SUCH DEBATES SHALL BE  ESTABLISHED  UNDER  REGULATIONS
PROMULGATED BY THE STATE CAMPAIGN FINANCE BOARD. IF A CANDIDATE FAILS TO
PARTICIPATE  IN  ANY  DEBATE  REQUIRED  UNDER  THIS  SECTION  BEFORE  AN
ELECTION, THE CANDIDATE SHALL BE LIABLE FOR RETURN OF MONEYS  PREVIOUSLY
RECEIVED  FOR USE BY THE CANDIDATE TO PAY ELECTION CAMPAIGN EXPENSES AND
SHALL BE INELIGIBLE TO RECEIVE ANY FURTHER CLEAN ELECTION CAMPAIGN FUNDS
FOR THAT ELECTION. FOR PURPOSES OF THIS PARAGRAPH, EACH PRIMARY, GENERAL
OR SPECIAL ELECTION SHALL BE CONSIDERED A SEPARATE ELECTION; AND
  (J) SATISFY ANY CLAIM MADE BY SUCH BOARD  FOR  THE  PAYMENT  OF  CIVIL
PENALTIES  OR REPAYMENT OF PUBLIC FUNDS THAT REMAINS OUTSTANDING AGAINST
SUCH CANDIDATE OR HIS OR HER PRINCIPAL COMMITTEE FROM  A  PRIOR  COVERED
ELECTION, IF:
  (I) THE CANDIDATE HAD WRITTEN NOTICE OF SUCH POTENTIAL CLAIM AND INEL-
IGIBILITY  TO  RECEIVE  PUBLIC  FUNDS  PRIOR TO FILING A WRITTEN CERTIF-
ICATION FOR THE CURRENT COVERED ELECTION PURSUANT TO  PARAGRAPH  (C)  OF
THIS SUBDIVISION; OR
  (II)  IN THE EVENT NO SUCH TIMELY NOTICE HAS BEEN GIVEN, THE CANDIDATE
HAS BEEN GIVEN AN OPPORTUNITY TO PRESENT TO THE BOARD REASONS HE OR  SHE
SHOULD BE ELIGIBLE TO RECEIVE PUBLIC FUNDS.

S. 2740                            17

  2.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, THE QUALIFYING PERIOD SHALL COMMENCE ON THE FIRST  DAY  OF
JANUARY  OF  THE  YEAR  IN WHICH THE ELECTION OR ELECTIONS FOR WHICH THE
CANDIDATE SEEKS TO QUALIFY WILL BE HELD AND END NO LATER THAN SIXTY DAYS
BEFORE THE DATE OF THE PRIMARY ELECTION IN THAT SAME YEAR.
  3. THE QUALIFYING PERIOD IN A SPECIAL ELECTION SHALL BEGIN THE DAY THE
ELECTION  IS ANNOUNCED. CANDIDATES SHALL HAVE UP TO FOURTEEN DAYS BEFORE
THE DATE OF THE SPECIAL ELECTION TO  COLLECT  QUALIFYING  CONTRIBUTIONS.
THE  NUMBER  OF  QUALIFYING CONTRIBUTIONS SHALL BE HALF OF THE NUMBER OF
CONTRIBUTIONS REQUIRED IN A GENERAL ELECTION. FUNDS SHALL BE RELEASED TO
SPECIAL ELECTION CANDIDATES WITHIN THREE DAYS OF SUBMISSION OF  EVIDENCE
OF SUCH QUALIFYING CONTRIBUTIONS.
  4. (A) THE THRESHOLD FOR ELIGIBILITY FOR CLEAN ELECTION CAMPAIGN FUND-
ING FOR PARTICIPATING CANDIDATES IN A GENERAL ELECTION SHALL BE:
  (I)  CANDIDATES  FOR  STATE  SENATE,  AT LEAST ONE THOUSAND QUALIFYING
CONTRIBUTIONS FROM INDIVIDUALS, HALF OF WHOM SHALL RESIDE IN  THE  STATE
SENATE  DISTRICT,  THE  AGGREGATE  AMOUNT  OF  SUCH CONTRIBUTIONS NOT TO
EXCEED ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS;
  (II) CANDIDATES FOR STATE ASSEMBLY, AT LEAST FOUR  HUNDRED  QUALIFYING
CONTRIBUTIONS  FROM  INDIVIDUALS, HALF OF WHOM SHALL RESIDE IN THE STATE
ASSEMBLY DISTRICT, THE AGGREGATE AMOUNT OF  SUCH  CONTRIBUTIONS  NOT  TO
EXCEED FIFTY THOUSAND DOLLARS;
  (III)  CANDIDATES  FOR  GOVERNOR,  AT LEAST TWENTY THOUSAND QUALIFYING
CONTRIBUTIONS, INCLUDING AT LEAST FIVE HUNDRED CONTRIBUTIONS FROM  INDI-
VIDUALS RESIDING IN EACH OF A MAJORITY OF THE CONGRESSIONAL DISTRICTS OF
THE  STATE, THE AGGREGATE AMOUNT OF SUCH CONTRIBUTIONS NOT TO EXCEED TWO
MILLION FIVE HUNDRED THOUSAND DOLLARS; AND
  (IV) CANDIDATES FOR LIEUTENANT GOVERNOR, ATTORNEY  GENERAL  AND  COMP-
TROLLER,  AT  LEAST  TEN THOUSAND QUALIFYING CONTRIBUTIONS, INCLUDING AT
LEAST TWO HUNDRED FIFTY CONTRIBUTIONS FROM INDIVIDUALS RESIDING IN  EACH
OF A MAJORITY OF THE CONGRESSIONAL DISTRICTS OF THE STATE, THE AGGREGATE
AMOUNT OF SUCH CONTRIBUTIONS NOT TO EXCEED ONE MILLION TWO HUNDRED FIFTY
THOUSAND DOLLARS.
  ANY  SUCH CONTRIBUTION COLLECTED IN EXCESS OF THE LIMITATION SPECIFIED
IN THIS PARAGRAPH FOR SUCH CANDIDATE SHALL BE DONATED TO  THE  NEW  YORK
STATE CLEAN ELECTION CAMPAIGN FINANCE FUND.
  (B)  IN ADDITION TO THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, IN ORDER TO BE ELIGIBLE FOR CLEAN ELECTION CAMPAIGN FINANCING  FOR
THE  GENERAL  ELECTION,  THE  CANDIDATE  SHALL  HAVE PARTICIPATED IN THE
PRIMARY ELECTION AND RECEIVED THE HIGHEST NUMBER OF VOTES OF THE  CANDI-
DATES  CONTESTING  THE PRIMARY ELECTION FROM HIS OR HER RESPECTIVE PARTY
AND HAVE WON THE PARTY'S NOMINATION.
  (C) IN ADDITION TO THE REQUIREMENTS OF PARAGRAPH (A) OF THIS  SUBDIVI-
SION,  IN  ORDER TO BE ELIGIBLE TO RECEIVE CLEAN ELECTION CAMPAIGN FUNDS
IN A PRIMARY ELECTION, A QUALIFIED CANDIDATE SHALL  AGREE  THAT  IN  THE
EVENT  HE  OR  SHE  IS A CANDIDATE FOR SUCH OFFICE IN ANY OTHER ELECTION
HELD IN THE SAME CALENDAR YEAR, HE OR SHE WILL BE  BOUND  IN  EACH  SUCH
OTHER  ELECTION BY THE ELIGIBILITY REQUIREMENTS AND ALL OTHER PROVISIONS
OF THIS ARTICLE.
  5. NO PRINCIPAL COMMITTEE OF  A  QUALIFIED  CANDIDATE  FOR  A  COVERED
ELECTION  MAY  BE AUTHORIZED TO AID OR TAKE PART IN THE ELECTION OF MORE
THAN ONE CANDIDATE.
  6. REGARDLESS OF WHETHER  A  CANDIDATE  DEMONSTRATES  ELIGIBILITY  FOR
CLEAN  ELECTION  CAMPAIGN  FINANCING UNDER THIS ARTICLE, A CANDIDATE WHO
HAS FILED A WRITTEN CERTIFICATION IN ACCORDANCE WITH SUBDIVISION ONE  OF
THIS  SECTION  AND  HIS OR HER PRINCIPAL COMMITTEE SHALL COMPLY WITH THE

S. 2740                            18

REQUIREMENTS OF PARAGRAPHS (D), (E) AND (F) OF SUBDIVISION ONE  OF  THIS
SECTION.
  7.  A  QUALIFIED  CANDIDATE WHO RECEIVES CLEAN ELECTION CAMPAIGN FUNDS
SHALL NOT ACCEPT OR SPEND ANY FUNDS OTHER THAN CLEAN  ELECTION  CAMPAIGN
FUNDS  AND  QUALIFYING  CONTRIBUTIONS UP TO THE LIMIT SPECIFIED FOR SUCH
CANDIDATE IN PARAGRAPH (A) OF SUBDIVISION FOUR OF THIS SECTION.
  8. A QUALIFIED CANDIDATE WHO OR POLITICAL PARTY  THAT  RECEIVES  CLEAN
ELECTION  CAMPAIGN FUNDS SHALL IN ALL COVERED COMMUNICATIONS PAID FOR IN
WHOLE OR IN PART BY SUCH CANDIDATE OR PARTY COMPLY WITH  THE  PROVISIONS
OF THIS SUBDIVISION.
  (A) IN ANY COVERED COMMUNICATION PUBLISHED OR DISTRIBUTED TO A GENERAL
PUBLIC AUDIENCE, SUCH COMMUNICATION:
  (I)  IF  PAID FOR IN WHOLE OR IN PART BY SUCH CANDIDATE, AN AUTHORIZED
POLITICAL COMMITTEE OF SUCH CANDIDATE, PARTY OR ANY AGENT THEREOF, SHALL
CLEARLY SPECIFY THAT THE COMMUNICATION HAS BEEN PAID FOR BY SUCH  CANDI-
DATE, AUTHORIZED POLITICAL COMMITTEE, PARTY OR AGENT WITH CLEAN ELECTION
FUNDS; AND
  (II)  IF  PAID FOR IN WHOLE OR IN PART BY ONE OR MORE OTHER PERSONS OR
ENTITIES BUT AUTHORIZED  BY  SUCH  CANDIDATE,  AN  AUTHORIZED  POLITICAL
COMMITTEE  OF  SUCH  CANDIDATE,  PARTY OR AGENT, SHALL CLEARLY STATE THE
NAME OF THE PERSON OR PERSONS, AND/OR ENTITY OR ENTITIES, THAT PAID  FOR
THE  COMMUNICATION  AND  THAT  SUCH  COMMUNICATION IS AUTHORIZED BY SUCH
CANDIDATE, POLITICAL COMMITTEE, PARTY OR AGENT.
  (B) THE STATEMENT OR STATEMENTS REQUIRED BY SUBDIVISION  (A)  OF  THIS
SECTION TO BE MADE FOR SUCH A COMMUNICATION THAT INCLUDES TEXT OR GRAPH-
ICS  SHALL  BE  PROVIDED  IN A PRINTED OR DRAWN BOX APART FROM ANY OTHER
PRINTED OR OTHER GRAPHICAL MATERIAL IN AT LEAST TEN POINT TYPE  ON  EACH
PAGE  OR  FOLD,  EXCEPT FOR A BILLBOARD, POSTER OR OTHER PUBLIC DISPLAY,
FOR WHICH EACH SUCH STATEMENT SHALL BE IN A PRINTED OR DRAWN BOX IN TYPE
AT LEAST TEN PERCENT OF THE LARGEST  TYPEFACE  OTHERWISE  USED  THEREIN.
WHERE  SUCH COMMUNICATION DESCRIBED BY SUBPARAGRAPH (I) OF PARAGRAPH (A)
OF THIS SUBDIVISION IS DISSEMINATED  BY  CABLE,  SATELLITE,  TELEVISION,
TELEPHONE, RADIO OR OTHER ELECTRONIC MEANS, IT SHALL INCLUDE, IN CLEARLY
SPOKEN  FORM  IN  THE  VOICE OF THE CANDIDATE, THE PHRASE "I AM [NAME OF
CANDIDATE], AND I APPROVE THIS MESSAGE."
  (C) FOR PURPOSES OF THIS SUBDIVISION:
  (I) THE TERM "PERSON" SHALL INCLUDE AN  INDIVIDUAL,  POLITICAL  ACTION
COMMITTEE, ORGANIZATION, PARTY, ENTITY OR OTHER GROUP OF PERSONS;
  (II)  THE TERM "COMMUNICATION" SHALL INCLUDE ANY AUDIO OR VIDEO COMMU-
NICATION VIA BROADCAST, CABLE OR SATELLITE,  ANY  WRITTEN  COMMUNICATION
VIA  ADVERTISEMENT,  PAMPHLET,  CIRCULAR, FLYER, BROCHURE, LETTERHEAD OR
OTHER PRINTED MATERIAL, TELEPHONIC CALLS AND STATEMENTS  OR  INFORMATION
CONVEYED  BY COMPUTER OR OTHER ELECTRONIC DEVICES TO ONE HUNDRED OR MORE
MEMBERS OF A GENERAL PUBLIC AUDIENCE; AND
  (III) THE TERM "COVERED COMMUNICATION" SHALL MEAN:
  (A) A COMMUNICATION THAT EXPRESSLY ADVOCATES THE ELECTION OR DEFEAT OF
A CLEARLY IDENTIFIED CANDIDATE, THE SUCCESS OR  DEFEAT  OF  A  POLITICAL
PARTY  OR  PRINCIPLE,  OR  THE  SUCCESS  OR DEFEAT OF A BALLOT PROPOSAL,
INCLUDING BUT NOT LIMITED TO A  COMMUNICATION  THAT  CONTAINS  TERMS  OR
SYNONYMS  THEREOF  SUCH  AS  "VOTE  FOR," "ELECT," "SUPPORT," "CAST YOUR
BALLOT FOR," "SMITH FOR ASSEMBLY," "JONES 2008," "JONES/BROWN,"  "VETER-
ANS  FOR SMITH," "VOTE AGAINST," "OPPOSE," "DEFEAT" OR "REJECT"; OR THAT
IS SUSCEPTIBLE OF NO REASONABLE INTERPRETATION OTHER THAN AS  AN  APPEAL
TO  SUPPORT  OR OPPOSE A SPECIFIED CANDIDATE, POLITICAL PARTY, PRINCIPLE
OR BALLOT PROPOSAL, WHETHER OR NOT BY REFERRING  TO  CLEARLY  IDENTIFIED
CANDIDATES  COMPETING IN AN ELECTION OR TAKING A POSITION ON ANY CLEARLY

S. 2740                            19

IDENTIFIED CANDIDATE'S CHARACTER, EXPERIENCE, QUALIFICATIONS OR  FITNESS
FOR  OFFICE;  PROVIDED, THAT A COMMUNICATION THAT TAKES A POSITION ON AN
ISSUE OR SPECIFIES A CLEARLY IDENTIFIED CANDIDATE'S POSITION ON AN ISSUE
AND  THAT  EXHORTS RECIPIENTS OF SUCH COMMUNICATION TO CONTACT A CLEARLY
IDENTIFIED CANDIDATE IN RELATION TO SUCH ISSUE SHALL NOT, MERELY IN  THE
TAKING  OR  SPECIFICATION  OF  SUCH POSITION AND EXHORTING SUCH COMMUNI-
CATION TO A CANDIDATE, BE DEEMED A "COVERED COMMUNICATION"; OR
  (B) A COMMUNICATION TRANSMITTED, BROADCAST OR  OTHERWISE  DISSEMINATED
TO  A  TARGET ELECTORATE WITHIN FORTY-FIVE DAYS OF A PRIMARY ELECTION OR
SIXTY DAYS OF  A  GENERAL  ELECTION,  WHERE  SUCH  COMMUNICATION  NAMES,
DEPICTS,  PICTURES  OR  REFERENCES EITHER A CLEARLY IDENTIFIED CANDIDATE
SUBJECT TO NOMINATION OR ELECTION BEFORE SUCH TARGET ELECTORATE IN  SUCH
ELECTION,  WHETHER  OR  NOT  BY NAME OR NICKNAME OR BY WORDS OR SYNONYMS
THEREOF SUCH AS  "THE  INCUMBENT,"  "THE  CHALLENGER,"  "THE  DEMOCRATIC
CANDIDATE  FOR"  OR "THE REPUBLICAN CANDIDATE FOR"; OR THE PUBLIC OFFICE
OR NOMINATION FOR PUBLIC  OFFICE  THAT  SUCH  CANDIDATE  SEEKS  IN  SUCH
ELECTION,  WHETHER  OR  NOT  BY  WORDS OR SYNONYMS THEREOF SUCH AS "YOUR
GOVERNOR," "LEGISLATOR," "SENATOR," "DISTRICT 15" OR "ASSEMBLY  MEMBER."
FOR PURPOSES HEREOF, "TARGET ELECTORATE" SHALL MEAN AT LEAST ONE HUNDRED
PERSONS  CAPABLE  OF  RECEIVING  SUCH COMMUNICATION IN THE DISTRICT SUCH
CANDIDATE SEEKS TO REPRESENT.
  S 14-154. QUALIFIED CAMPAIGN EXPENDITURES;  RESTRICTIONS  ON  USE.  1.
CLEAN  ELECTION  CAMPAIGN  FUNDS  PROVIDED  UNDER THE PROVISIONS OF THIS
ARTICLE MAY BE USED ONLY FOR EXPENDITURES BY A  PRINCIPAL  COMMITTEE  ON
BEHALF OF A CANDIDATE TO FURTHER THE CANDIDATE'S NOMINATION FOR ELECTION
OR  ELECTION  DURING  THE  CALENDAR YEAR IN WHICH THE PRIMARY OR GENERAL
ELECTION IN WHICH THE CANDIDATE IS SEEKING NOMINATION  FOR  ELECTION  OR
ELECTION IS HELD.
  2. SUCH FUNDS MAY NOT BE USED FOR:
  (A) AN EXPENDITURE IN VIOLATION OF ANY LAW, RULE OR REGULATION;
  (B)  PAYMENTS  MADE  TO  THE CANDIDATE OR A SPOUSE, CHILD, GRANDCHILD,
PARENT, GRANDPARENT, BROTHER OR SISTER OF THE  CANDIDATE  OR  SPOUSE  OF
SUCH  CHILD,  GRANDCHILD,  PARENT, GRANDPARENT, BROTHER OR SISTER, OR TO
ANYONE PRINCIPALLY RESIDING WITH SUCH PERSON, OR TO A BUSINESS ENTITY IN
WHICH THE CANDIDATE OR ANY SUCH PERSON  HAS  AN  OWNERSHIP  INTEREST  OR
SERVES  AS AN EMPLOYEE, OFFICER OR MEMBER OF THE BOARD OF DIRECTORS; (C)
PAYMENTS IN EXCESS OF THE FAIR  MARKET  VALUE  OF  SERVICES,  MATERIALS,
FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
  (D) ANY EXPENDITURES MADE IN ANY CALENDAR YEAR AFTER THE CANDIDATE HAS
BEEN  FINALLY  DISQUALIFIED OR HAD HIS OR HER PETITIONS FINALLY DECLARED
INVALID BY THE APPLICABLE BOARD OF ELECTIONS OR  A  COURT  OF  COMPETENT
JURISDICTION,  EXCEPT  AS  OTHERWISE  PERMITTED  BY  SUBDIVISION FOUR OF
SECTION 14-168 OF THIS ARTICLE, OR AFTER THE ONLY REMAINING OPPONENT  OF
THE CANDIDATE HAS BEEN FINALLY DISQUALIFIED;
  (E)  PAYMENTS  IN  CASH,  EXCEPT AS PRESCRIBED IN SUBDIVISION THREE OF
SECTION 14-170 OF THIS ARTICLE;
  (F) ANY CONTRIBUTION, TRANSFER OR LOAN MADE TO  ANOTHER  CANDIDATE  OR
POLITICAL COMMITTEE;
  (G) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED CAMPAIGN
MATERIAL;
  (H)  INTEREST  OR  ANY  OTHER  FINANCE  CHARGE  ON  MONEYS LOANED TO A
CAMPAIGN BY A CANDIDATE OR ANY MEMBER OF A CANDIDATE'S HOUSEHOLD;
  (I) ATTORNEY'S FEES OR ANY COSTS OF DEFENDING  AGAINST  ANY  CIVIL  OR
CRIMINAL INVESTIGATION OR PROSECUTION FOR ALLEGED VIOLATIONS OF STATE OR
FEDERAL  LAW  ALLEGEDLY COMMITTED WHILE HOLDING PUBLIC OFFICE OR BEING A
CANDIDATE FOR SUCH OFFICE; OR

S. 2740                            20

  (J) ANY OTHER USE OR PURPOSE IMPERMISSIBLE FOR CONTRIBUTIONS  RECEIVED
BY  A CANDIDATE FOR MEMBER OF CONGRESS OR HIS OR HER POLITICAL COMMITTEE
PURSUANT TO TITLE TWO, SECTION FOUR HUNDRED THIRTY-NINE-A OF THE  UNITED
STATES  CODE  OR  EFFECTUATING  RULES  AND  REGULATIONS  OF  THE FEDERAL
ELECTION COMMISSION, OR RULE OR REGULATION OF THE CAMPAIGN FINANCE BOARD
NOT INCONSISTENT WITH THIS PARAGRAPH INCLUDING SUCH PROVISIONS OF FEDER-
AL LAW, RULE OR REGULATION.
  S  14-156.  CAMPAIGN CONTRIBUTIONS. QUALIFIED CANDIDATES SHALL FURNISH
COMPLETE CAMPAIGN RECORDS, INCLUDING ALL RECORDS OF QUALIFYING  CONTRIB-
UTIONS  AND EXPENDITURES TO THE BOARD, ON A QUARTERLY BASIS, EXCEPT MORE
REGULARLY AS THE CAMPAIGN FINANCE  BOARD  MAY  PROMULGATE  BY  RULE,  OR
OTHERWISE ON REQUEST BY THE BOARD. SUCH RECORDS SHALL BE IN SUCH FORM AS
THE  CAMPAIGN  FINANCE  BOARD  MAY  REQUIRE;  PROVIDED THAT THE CAMPAIGN
FINANCE BOARD SHALL, TO THE MAXIMUM EXTENT PRACTICABLE, MAKE USE OF  THE
ELECTRONIC  REPORTING  SYSTEM PRESCRIBED BY THE STATE BOARD OF ELECTIONS
PURSUANT TO SUBDIVISION NINE-A OF SECTION 3-102 OF THIS CHAPTER.
  S 14-158. OPTIONAL CLEAN ELECTION CAMPAIGN FINANCING.  EACH  QUALIFIED
CANDIDATE  IN  A  COVERED  ELECTION  MAY OBTAIN PAYMENT TO THE PRINCIPAL
COMMITTEE DESIGNATED BY SUCH CANDIDATE PURSUANT  TO  THIS  ARTICLE  FROM
CLEAN  ELECTION  CAMPAIGN  FUNDS FOR QUALIFIED CAMPAIGN EXPENDITURES, IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  1. NO SUCH CLEAN ELECTION CAMPAIGN FUNDS SHALL BE PAID TO A  PRINCIPAL
COMMITTEE  UNLESS  THE CAMPAIGN FINANCE BOARD DETERMINES THAT THE CANDI-
DATE HAS MET THE ELIGIBILITY REQUIREMENTS OF THIS ARTICLE. PAYMENT SHALL
NOT EXCEED THE AMOUNTS SPECIFIED IN THIS ARTICLE, AND SHALL BE MADE ONLY
IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. SUCH PAYMENT  MAY  BE
MADE  ONLY  TO  THE  QUALIFIED CANDIDATE'S PRINCIPAL COMMITTEE. NO CLEAN
ELECTION CAMPAIGN FUNDS SHALL BE USED EXCEPT AS REIMBURSEMENT OR PAYMENT
FOR QUALIFIED CAMPAIGN EXPENDITURES ACTUALLY AND LAWFULLY INCURRED.
  2. CLEAN ELECTION CAMPAIGN FUNDS SHALL BE PAID TO A  QUALIFIED  CANDI-
DATE'S PRINCIPAL COMMITTEE BASED ON THE FOLLOWING SCHEDULE:
  (A)  A  CANDIDATE  FOR  A  PRIMARY  ELECTION SHALL RECEIVE TWENTY-FIVE
PERCENT OF THE GRANT OF PUBLIC FUNDS FOR  THE  PRIMARY  ELECTION  WITHIN
FIVE  DAYS  AFTER  CERTIFICATION BY THE BOARD THAT THE CANDIDATE HAS MET
THE ELIGIBILITY  REQUIREMENTS  FOR  PARTICIPATING  CANDIDATES  INCLUDING
APPROVAL  OF QUALIFYING CONTRIBUTIONS UNDER SUBDIVISION THREE OF SECTION
14-152 OF THIS ARTICLE.   SUCH CANDIDATE  SHALL  RECEIVE  THE  REMAINING
SEVENTY-FIVE  PERCENT  OF  THE  GRANT  OF  PUBLIC  FUNDS FOR THE PRIMARY
ELECTION WITHIN FIVE DAYS AFTER THE  CANDIDATE  HAS  QUALIFIED  FOR  THE
BALLOT.    PROVIDED,  HOWEVER, THE REMAINING SEVENTY-FIVE PERCENT OF THE
GRANT OF PUBLIC FUNDS WILL NOT BE GIVEN TO A CANDIDATE WHO IS  UNOPPOSED
IN THE PRIMARY ELECTION;
  (B)  A  CANDIDATE  WHO  RECEIVES  A  PARTY  NOMINATION FOR THE GENERAL
ELECTION AND WHO QUALIFIES FOR CLEAN ELECTIONS  FUNDS  FOR  THE  GENERAL
ELECTION  SHALL  RECEIVE  THE  GRANT  OF  PUBLIC  FUNDS  FOR THE GENERAL
ELECTION WITHIN THREE DAYS AFTER THE DATE OF THE PRIMARY ELECTION; AND
  (C) A CANDIDATE WHO IS NOMINATED FOR THE GENERAL  ELECTION  BALLOT  BY
INDEPENDENT  NOMINATING  PETITION  AND WHO QUALIFIES FOR CLEAN ELECTIONS
FUNDS FOR THE GENERAL ELECTION SHALL RECEIVE THE GRANT OF  PUBLIC  FUNDS
FOR THE GENERAL ELECTION WITHIN THREE DAYS AFTER MEETING ALL ELIGIBILITY
REQUIREMENTS FOR A PARTICIPATING CANDIDATE.
  3.  A QUALIFIED CANDIDATE SEEKING OR OBTAINING NOMINATION FOR ELECTION
BY MORE THAN ONE PARTY SHALL BE DEEMED  ONE  CANDIDATE,  AND  SHALL  NOT
RECEIVE  ADDITIONAL  CLEAN  ELECTION  CAMPAIGN FUNDS OR BE AUTHORIZED TO
ACCEPT CONTRIBUTIONS IN EXCESS OF THE  MAXIMUM  CONTRIBUTION  APPLICABLE
PURSUANT  TO  SUBDIVISION FOUR OF SECTION 14-152 OF THIS ARTICLE OR MAKE

S. 2740                            21

ADDITIONAL EXPENDITURES BY REASON OF SUCH CANDIDATE SEEKING OR OBTAINING
NOMINATION FOR ELECTION BY MORE THAN ONE PARTY.
  4.  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS CHAPTER, THE CAMPAIGN
FINANCE BOARD SHALL BY RULE PROVIDE FOR ADDITIONAL GRANTS  TO  QUALIFIED
CANDIDATES  IF  AN ADDITIONAL DAY FOR VOTING IS HELD PURSUANT TO SECTION
3-108 OF THIS CHAPTER OR AN ELECTION IS HELD PURSUANT  TO  COURT  ORDER,
THE AMOUNT OF SUCH ADDITIONAL GRANTS TO BE PROPORTIONAL TO THE AMOUNT OF
THE  GRANT  SUCH CANDIDATE OTHERWISE SHALL HAVE RECEIVED IN AND FOR SUCH
GENERAL ELECTION AND THE LENGTH OF TIME BY WHICH THE CAMPAIGN THEREBY IS
EXTENDED.
  S 14-160. GRANT AMOUNTS FOR PRIMARY AND GENERAL ELECTION CAMPAIGNS. 1.
(A) A QUALIFIED CANDIDATE IN A PRIMARY ELECTION FOR NOMINATION FOR STATE
SENATE SHALL BE ELIGIBLE FOR  CLEAN  ELECTION  CAMPAIGN  FUNDS  FOR  THE
PRIMARY CAMPAIGN IN THE AMOUNT OF TWO DOLLARS PER EACH ENROLLED VOTER IN
THE  CANDIDATE'S  PARTY  RESIDING  WITHIN  THE SENATE DISTRICT AS OF THE
FIRST DAY OF JANUARY OF THE YEAR IN WHICH THE PRIMARY ELECTION IS TO  BE
HELD.
  (B)  A  QUALIFIED  CANDIDATE  FOR  STATE SENATE WHO HAS BEEN NOMINATED
EITHER AS A PARTY CANDIDATE OR AN INDEPENDENT CANDIDATE SHALL BE  ELIGI-
BLE  FOR CLEAN ELECTION CAMPAIGN FUNDS FOR THE GENERAL ELECTION CAMPAIGN
IN THE AMOUNT OF THREE HUNDRED THOUSAND DOLLARS.
  2. (A) A QUALIFIED CANDIDATE IN A PRIMARY ELECTION FOR NOMINATION  FOR
MEMBER  OF  THE  ASSEMBLY  SHALL BE ELIGIBLE FOR CLEAN ELECTION CAMPAIGN
FUNDS FOR THE PRIMARY CAMPAIGN IN THE AMOUNT OF  TWO  DOLLARS  PER  EACH
ENROLLED  VOTER  IN  THE  CANDIDATE'S PARTY RESIDING WITHIN THE ASSEMBLY
DISTRICT AS OF THE FIRST DAY OF JANUARY OF THE YEAR IN WHICH THE PRIMARY
ELECTION IS TO BE HELD.
  (B) A QUALIFIED CANDIDATE FOR STATE ASSEMBLY WHO  HAS  BEEN  NOMINATED
EITHER  AS A PARTY CANDIDATE OR AN INDEPENDENT CANDIDATE SHALL BE ELIGI-
BLE FOR CLEAN ELECTION CAMPAIGN FUNDS FOR THE GENERAL ELECTION  CAMPAIGN
IN THE AMOUNT OF ONE HUNDRED TWENTY THOUSAND DOLLARS.
  3.  (A) A QUALIFIED CANDIDATE IN A PRIMARY ELECTION FOR NOMINATION FOR
GOVERNOR SHALL BE ELIGIBLE FOR CLEAN ELECTION  CAMPAIGN  FUNDS  FOR  THE
PRIMARY  CAMPAIGN IN THE AMOUNT OF ONE DOLLAR PER EACH ENROLLED VOTER IN
THE CANDIDATE'S PARTY RESIDING WITHIN THE STATE AS OF THE FIRST  DAY  OF
JANUARY OF THE YEAR IN WHICH THE PRIMARY ELECTION IS TO BE HELD.
  (B)  A  QUALIFIED  CANDIDATE  FOR GOVERNOR WHO HAS BEEN NOMINATED AS A
PARTY CANDIDATE SHALL BE ELIGIBLE FOR CLEAN ELECTION CAMPAIGN FUNDS  FOR
THE  GENERAL  ELECTION  CAMPAIGN  IN  THE  AMOUNT  OF SEVEN MILLION FIVE
HUNDRED THOUSAND DOLLARS.
  4. (A) A QUALIFIED CANDIDATE IN A PRIMARY ELECTION FOR NOMINATION  FOR
LIEUTENANT  GOVERNOR,  ATTORNEY GENERAL OR COMPTROLLER SHALL BE ELIGIBLE
FOR CLEAN ELECTION CAMPAIGN FUNDS FOR THE PRIMARY CAMPAIGN IN THE AMOUNT
OF SEVENTY-FIVE CENTS PER EACH ENROLLED VOTER IN THE  CANDIDATE'S  PARTY
RESIDING  WITHIN THE STATE AS OF THE FIRST DAY OF JANUARY OF THE YEAR IN
WHICH THE PRIMARY ELECTION IS TO BE HELD.
  (B) A QUALIFIED CANDIDATE FOR ATTORNEY GENERAL OR COMPTROLLER WHO  HAS
BEEN NOMINATED AS A PARTY CANDIDATE SHALL BE ELIGIBLE FOR CLEAN ELECTION
CAMPAIGN  FUNDS  FOR THE GENERAL ELECTION CAMPAIGN IN THE AMOUNT OF FOUR
MILLION DOLLARS.
  5. NOT LATER THAN JANUARY FIRST, IN THE FOURTH YEAR AFTER  THE  EFFEC-
TIVE  DATE  OF  THIS  SECTION,  AND  EVERY  FOURTH  YEAR THEREAFTER, THE
CAMPAIGN FINANCE BOARD SHALL:
  (A) DETERMINE THE PERCENTAGE DIFFERENCE BETWEEN  THE  AVERAGE  OF  THE
CONSUMER  PRICE INDEX FOR ALL URBAN AREAS PUBLISHED BY THE UNITED STATES
BUREAU OF LABOR STATISTICS FOR THE TWELVE MONTHS PRECEDING THE BEGINNING

S. 2740                            22

OF SUCH CALENDAR YEAR AND SUCH AVERAGE OVER THE CALENDAR YEAR COMMENCING
ON THE EFFECTIVE DATE OF THIS SECTION OR THE FIRST DAY OF JANUARY OF THE
CALENDAR YEAR IN WHICH THE LAST ADJUSTMENT HEREUNDER WAS MADE, WHICHEVER
IS LATER;
  (B)  ADJUST EACH PUBLIC GRANT FORMULA FOR PRIMARY ELECTIONS APPLICABLE
PURSUANT TO THIS SUBDIVISION BY THE AMOUNT OF SUCH PERCENTAGE DIFFERENCE
TO THE NEAREST FIVE ONE-HUNDREDTHS OF A DOLLAR;
  (C) ADJUST EACH PUBLIC GRANT FOR GENERAL ELECTIONS APPLICABLE PURSUANT
TO THIS SUBDIVISION BY THE AMOUNT OF SUCH PERCENTAGE DIFFERENCE  TO  THE
NEAREST THOUSAND DOLLARS; AND
  (D)  PUBLISH  SUCH ADJUSTED EXPENDITURE LIMITATION IN THE STATE REGIS-
TER.
  SUCH ADJUSTED EXPENDITURE  LIMITATION  SHALL  BE  IN  EFFECT  FOR  ANY
ELECTION HELD BEFORE THE NEXT SUCH ADJUSTMENT.
  6.  ADDITIONAL  FUNDS  FROM  THE  FUND SHALL BE AWARDED TO A QUALIFIED
CANDIDATE WHEN THE TOTAL OF CAMPAIGN EXPENDITURES  BY  NON-PARTICIPATING
CANDIDATES WHO OPPOSE A QUALIFIED CANDIDATE AND INDEPENDENT EXPENDITURES
DIRECTED  AGAINST THE QUALIFIED CANDIDATE OR IN SUPPORT OF THE QUALIFIED
CANDIDATE'S OPPONENT, EXCEEDS ONE HUNDRED PERCENT OF  THE  PUBLIC  GRANT
AWARDED TO THE CANDIDATE. AN ADDITIONAL DOLLAR SHALL BE AWARDED FOR EACH
DOLLAR  IN  EXCESS  OF  ONE HUNDRED PERCENT OF THE PUBLIC GRANT, UP TO A
TOTAL OF FOUR TIMES THE AMOUNT OF SUCH PUBLIC GRANTS.  THE  BOARD  SHALL
MAKE  ADDITIONAL  DOLLARS  AVAILABLE  TO  THE CANDIDATE AND/OR PRINCIPLE
COMMITTEE WITHIN TWENTY-FOUR HOURS OF RECEIVING THE REPORT THAT TRIGGERS
SUCH ADDITIONAL FUNDS. THE CAMPAIGN FINANCE BOARD SHALL  PROMULGATE  ANY
OTHER  NEEDED  RULES AND REGULATIONS TO GOVERN THE DISTRIBUTION OF ADDI-
TIONAL GRANTS IN SUCH AMOUNTS AND AT SUCH TIMES THAT WILL ENSURE  QUALI-
FIED CANDIDATES RECEIVE ADDITIONAL FUNDS IN AN EXPEDITIOUS MANNER.
  7.  NON-PARTICIPATING  CANDIDATES AND PERSONS OR ENTITIES MAKING INDE-
PENDENT EXPENDITURES SHALL COMPLY WITH ALL  REPORTING  REQUIREMENTS  FOR
POLITICAL  COMMITTEES  AND CANDIDATES AS PROVIDED IN ARTICLE FOURTEEN OF
THIS CHAPTER AND PURSUANT TO THE RULES AND  REGULATIONS  PROMULGATED  BY
THE  CAMPAIGN  FINANCE  BOARD. IN ADDITION, DURING THE PERIOD COMMENCING
THIRTY DAYS BEFORE THE DATE OF A COVERED ELECTION IN WHICH  A  QUALIFIED
CANDIDATE  IS  RUNNING,  NON-PARTICIPATING  CANDIDATES RUNNING AGAINST A
QUALIFIED CANDIDATE IN SUCH ELECTION AND ANY  PERSON  OR  ENTITY  MAKING
INDEPENDENT  EXPENDITURES  IN SUPPORT OF OR IN OPPOSITION TO A QUALIFIED
CANDIDATE IN SUCH ELECTION SHALL FILE A STATEMENT WITH THE BOARD REPORT-
ING TOTAL CAMPAIGN EXPENDITURES MADE OR OBLIGATED TO BE MADE AS OF  SUCH
DATE,  AND  THEREAFTER SHALL FILE ADDITIONAL STATEMENTS THEREWITH WITHIN
TWENTY-FOUR HOURS WHENEVER TOTAL CAMPAIGN EXPENDITURES  MADE,  OR  OBLI-
GATED TO BE MADE, INCREASE BY ONE THOUSAND DOLLARS OR MORE.
  S  14-162.  OPTIONAL  PUBLIC FUNDING FOR PARTY COMMITTEES. A POLITICAL
PARTY COMMITTEE THAT AGREES NOT TO ACCEPT  CONTRIBUTIONS  TOTALING  MORE
THAN  FIVE  THOUSAND  DOLLARS  FROM  ANY  ENTITY  IN A CALENDAR YEAR MAY
RECEIVE MATCHING FUNDS FROM THE CLEAN ELECTIONS FUND AT THE RATE OF  TWO
DOLLARS  IN  PUBLIC  FUNDS FOR EVERY ONE DOLLAR IN PRIVATE CONTRIBUTIONS
FOR CONTRIBUTIONS FROM REGISTERED VOTERS IN NEW YORK OF NO MORE THAN TWO
HUNDRED FIFTY DOLLARS; PROVIDED THAT NO POLITICAL PARTY MAY RECEIVE MORE
THAN TWO MILLION FIVE HUNDRED THOUSAND DOLLARS FROM THE NEW  YORK  STATE
CLEAN  ELECTIONS  CAMPAIGN  FINANCE FUND IN A CALENDAR YEAR; AND FURTHER
PROVIDED THAT A POLITICAL PARTY COMMITTEE RECEIVING  FUNDS  PURSUANT  TO
THIS  SECTION  SHALL IN THE USE OF SUCH FUNDS COMPLY WITH THE PROVISIONS
OF SUBDIVISION TWO OF SECTION 14-154 OF THIS ARTICLE.
  S 14-164. OFFICE HOLDERS ACCOUNTS. A PARTICIPATING  CANDIDATE  WHO  IS
ELECTED  TO  OFFICE  IN  A  GENERAL OR SPECIAL ELECTION MAY ESTABLISH AN

S. 2740                            23

OFFICE HOLDER ACCOUNT, AS LONG  AS  SUCH  ACCOUNT  MEETS  THE  FOLLOWING
REQUIREMENTS:
  1.  THE  OFFICE HOLDER ACCOUNT MAY ONLY DISBURSE FUNDS DURING CALENDAR
YEARS IN WHICH THERE IS NO PRIMARY OR GENERAL ELECTION  FOR  THE  OFFICE
HELD  BY  THE  PARTICIPATING  CANDIDATE  FROM JANUARY FIRST THROUGH JULY
FIRST OF THE CALENDAR YEAR OF THE PRIMARY OR GENERAL ELECTION  FOR  SUCH
OFFICE;
  2.  THE  MAXIMUM  AMOUNT  OF  FUNDS THAT MAY BE DEPOSITED IN AN OFFICE
HOLDER'S ACCOUNT AND THAT MAY  BE  DISBURSED  FROM  AN  OFFICE  HOLDER'S
ACCOUNT  SHALL  BE:    ONE  HUNDRED THOUSAND DOLLARS FOR GOVERNOR; FIFTY
THOUSAND DOLLARS FOR LIEUTENANT  GOVERNOR,  ATTORNEY  GENERAL  OR  COMP-
TROLLER;  TWENTY-FIVE  THOUSAND DOLLARS FOR STATE SENATOR; AND TEN THOU-
SAND DOLLARS FOR A MEMBER OF THE ASSEMBLY; AND
  3. THE ONLY FUNDS THAT MAY BE RECEIVED BY AN OFFICE  HOLDER'S  ACCOUNT
ARE:  UNSPENT  FUNDS  FROM THE CANDIDATE'S PRINCIPAL COMMITTEE AS ESTAB-
LISHED IN SECTION 14-170 OF THIS ARTICLE AND ADDITIONAL FUNDS  THAT  ARE
COLLECTED FROM REGISTERED VOTERS IN THE OFFICE HOLDER'S JURISDICTION AND
THAT  MEET  THE LEGAL REQUIREMENTS OF A QUALIFYING CONTRIBUTION PURSUANT
TO SUBDIVISION THIRTEEN OF SECTION 14-150 OF THIS ARTICLE.
  ALL EXPENDITURES FROM  OFFICE  HOLDERS  ACCOUNTS  MUST  MEET  ALL  THE
REQUIREMENTS  OF  LAW  FOR  SPENDING  FROM A POLITICAL COMMITTEE AND THE
REQUIREMENTS OF SECTION 14-154 OF THIS ARTICLE.
  S 14-166. POWERS AND DUTIES OF THE STATE CAMPAIGN FINANCE  BOARD.  THE
CAMPAIGN  FINANCE BOARD SHALL HAVE SUCH POWERS AND DUTIES IN RELATION TO
THE ADMINISTRATION OF THIS ARTICLE AS SPECIFIED IN SECTION 3-101 OF THIS
CHAPTER.
  S 14-168. NEW YORK STATE CLEAN  ELECTION  CAMPAIGN  FINANCE  FUND.  1.
THERE IS HEREBY ESTABLISHED A SPECIAL FUND, TO BE KNOWN AS THE "NEW YORK
STATE CLEAN ELECTION CAMPAIGN FINANCE FUND." THE MONIES IN SUCH FUND MAY
BE EXPENDED BY THE CAMPAIGN FINANCE BOARD ONLY AS PAYMENTS FOR QUALIFIED
CANDIDATES IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  2. THE FUND SHALL BE KEPT SEPARATE AND SHALL BE CREDITED WITH ALL SUMS
APPROPRIATED  THERETO,  ANY  DONATIONS  RECEIVED PURSUANT TO SUBDIVISION
FIVE OF THIS SECTION, ALL EARNINGS ACCRUING ON SUCH FUNDS AND ANY MONIES
REALIZED FROM THE PROVISIONS OF SUBDIVISION THREE OF SECTION  14-172  OF
THIS ARTICLE.
  3. THE MONEYS IN SUCH FUND SHALL BE MADE AVAILABLE TO QUALIFIED CANDI-
DATES  BY  THE  CAMPAIGN  FINANCE BOARD UPON ITS CERTIFICATION THAT SUCH
CANDIDATES QUALIFY FOR SUCH MONEYS.
  4. NO MONEYS SHALL BE MADE AVAILABLE TO ANY  QUALIFIED  CANDIDATE  WHO
HAS  BEEN  FINALLY  DISQUALIFIED  OR  WHOSE  DESIGNATING  OR  NOMINATING
PETITIONS HAVE BEEN FINALLY DECLARED INVALID BY THE APPLICABLE BOARD  OF
ELECTIONS  OR  A  COURT  OF COMPETENT JURISDICTION. ANY PAYMENT FROM THE
FUND IN THE POSSESSION OF SUCH A CANDIDATE  OR  HIS  OR  HER  AUTHORIZED
COMMITTEES  ON  THE  DATE OF SUCH FINAL DISQUALIFICATION OR INVALIDATION
MAY NOT THEREAFTER BE EXPENDED FOR ANY PURPOSE  EXCEPT  THE  PAYMENT  OF
LIABILITIES INCURRED IN QUALIFIED CAMPAIGN EXPENDITURES BEFORE SUCH DATE
AND SHALL BE PROMPTLY REPAID TO THE FUND.
  5.  THE  CAMPAIGN FINANCE BOARD SHALL BE EMPOWERED TO ACCEPT DONATIONS
TO BE CREDITED TO THE FUND.
  6. ALL QUALIFIED CANDIDATES WHO HAVE BEEN DEFEATED  IN  A  PRIMARY  OR
GENERAL  ELECTION  OR  WHO  FAIL  TO  REMAIN AS A CANDIDATE THROUGHOUT A
PRIMARY OR GENERAL ELECTION CAMPAIGN PERIOD  OR  WHO  HAVE  WON  IN  THE
GENERAL  ELECTION  SHALL  RETURN  TO THE FUND ALL UNSPENT MONEY THAT THE
CANDIDATE RECEIVED FROM THE FUND NO LATER THAN NINETY  DAYS  AFTER  SUCH
DATE  EXCEPT  UPON WRITTEN WAIVER BY THE CAMPAIGN FINANCE BOARD FOR GOOD

S. 2740                            24

CAUSE SHOWN IN RELATION TO ACCOUNTS PAYABLE OUTSTANDING  ON  SUCH  DATE,
WHICH  WAIVER MAY EXTEND SUCH TIME AND MAY BE RENEWED IN LIKE FASHION AS
AN ORIGINAL WAIVER FOR UP TO NINETY DAYS.
  7.  IF  AT ANY TIME THE CAMPAIGN FINANCE BOARD DETERMINES THAT THE NEW
YORK STATE CLEAN ELECTION CAMPAIGN FINANCE FUND DOES NOT HAVE SUFFICIENT
REVENUES, OR IS LIKELY TO NOT HAVE SUFFICIENT REVENUES, FOR  PAYMENT  TO
QUALIFIED  CANDIDATES  UNDER  THIS  ARTICLE IN SUCH ELECTION CYCLE, THEN
SUCH BOARD SHALL REPORT THIS DETERMINATION  TO  THE  COMPTROLLER,  ALONG
WITH THE AMOUNT WHICH WILL BE NECESSARY TO PROVIDE QUALIFYING CANDIDATES
WITH  FINANCING PURSUANT TO THIS ARTICLE AND A DETAILED STATEMENT OF THE
ASSUMPTIONS AND METHODOLOGY ON WHICH SUCH DETERMINATION  WAS  BASED.  NO
MORE  THAN  FOUR  DAYS  AFTER  RECEIVING SUCH A DETERMINATION, THE COMP-
TROLLER SHALL TRANSFER THE AMOUNT DETERMINED  BY  THE  CAMPAIGN  FINANCE
BOARD  TO BE NECESSARY FROM THE GENERAL FUND TO THE NEW YORK STATE CLEAN
ELECTION CAMPAIGN FINANCE FUND.
  8. THE AGGREGATE AMOUNT WHICH MAY BE PROVIDED TO QUALIFIED  CANDIDATES
IN ANY FOUR YEAR ELECTION CYCLE FROM THE FUND SHALL NOT EXCEED ONE-TENTH
OF ONE PERCENT OF THE TOTAL EXPENDITURES MADE PURSUANT TO APPROPRIATIONS
MADE  BY  LAW  DURING SUCH TIME PERIOD. IF THE AMOUNT OF FUNDS FOR WHICH
QUALIFIED CANDIDATES HAVE QUALIFIED REACHES OR EXCEEDS THIS  LEVEL,  THE
COMPTROLLER SHALL SO CERTIFY TO THE CAMPAIGN FINANCE BOARD, WHICH THERE-
UPON  SHALL  REDUCE, BY AN EQUAL PERCENTAGE FOR ALL QUALIFIED CANDIDATES
AND PARTIES THEN PARTICIPATING, THE RESPECTIVE AMOUNT OF PUBLIC  FINANC-
ING MADE AVAILABLE THERETO.
  S  14-170. DISBURSAL OF REVENUE FOR CLEAN ELECTION CAMPAIGN FINANCING.
1. UPON CERTIFYING THAT A CANDIDATE  OR  PARTY  IS  ELIGIBLE  FOR  CLEAN
ELECTION  CAMPAIGN  FINANCING, THE CAMPAIGN FINANCE BOARD SHALL TRANSFER
THE AMOUNT OF PUBLIC FUNDS PAYABLE  PURSUANT  TO  THIS  ARTICLE  TO  THE
CANDIDATE'S PRINCIPAL COMMITTEE OR TO THE PARTY, AS THE CASE MAY BE.
  2.  A QUALIFIED CANDIDATE AND HIS OR HER REPRESENTATIVE ARE PROHIBITED
FROM PAYING FOR CAMPAIGN EXPENSES IN ANY WAY OTHER THAN  BY  FUNDS  FROM
THE CANDIDATE'S PRINCIPAL COMMITTEE.
  3.  A  PETTY  CASH  FUND  MAY BE ESTABLISHED CONSISTENT WITH THE OTHER
PROVISIONS OF THIS ARTICLE.
  (A) QUALIFIED CANDIDATES MAY HAVE A DAILY PETTY CASH FUND,  FOR  DAILY
EXPENSES,  INCLUDING FOOD, NEWSPAPERS, MAGAZINES, PUBLIC TELEPHONES, AND
OTHER MINOR NECESSITIES UNRELATED TO THE DIRECT OPERATING COSTS  OF  THE
CAMPAIGN.  THE DAILY MAXIMUM AMOUNT EXPENDABLE FROM SUCH PETTY CASH FUND
SHALL BE ESTABLISHED BY THE CAMPAIGN FINANCE BOARD.
  (B) ALL CASH EXPENDITURES  IN  EXCESS  OF  TWENTY-FIVE  DOLLARS  SHALL
REQUIRE  A  CASH  RECEIPT SPECIFYING THE ITEM PURCHASED AND ITS PURPOSE,
ITS COST, AND THE PLACE OF PURCHASE.
  S 14-172. EXAMINATIONS; REPAYMENTS.  1.  THE  STATE  CAMPAIGN  FINANCE
BOARD IS EMPOWERED TO EXAMINE ALL MATTERS RELATING TO THE PERFORMANCE OF
ITS FUNCTIONS AND ANY OTHER MATTER RELATING TO THE PROPER ADMINISTRATION
OF THIS ARTICLE. SUCH EXAMINATION SHALL EXTEND TO CANDIDATES AND PARTIES
RECEIVING  OR  APPLYING  TO  RECEIVE  FUNDS PURSUANT TO THIS ARTICLE, TO
COMMITTEES OF SUCH  CANDIDATES,  AND  TO  NON-PARTICIPATING  CANDIDATES,
THEIR  AUTHORIZED  COMMITTEES AND PERSONS OR ENTITIES MAKING INDEPENDENT
EXPENDITURES TO THE EXTENT OF THEIR COMPLIANCE WITH  THE  PROVISIONS  OF
THIS ARTICLE. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO DIMINISH THE
EXAMINATION  POWERS  OF  THE  STATE BOARD OF ELECTIONS AND THE OFFICE OF
CAMPAIGN FINANCE ENFORCEMENT THEREOF PURSUANT TO LAW.
  2. (A) IF THE CAMPAIGN FINANCE BOARD OR THE OFFICE OF CAMPAIGN FINANCE
ENFORCEMENT ON ITS BEHALF, DETERMINES THAT ANY PORTION  OF  THE  PAYMENT
MADE  TO ANY RECIPIENT THEREOF FROM THE FUND WAS IN EXCESS OF THE AGGRE-

S. 2740                            25

GATE AMOUNT OF PAYMENTS THAT SUCH  RECIPIENT  WAS  ELIGIBLE  TO  RECEIVE
PURSUANT  TO THIS ARTICLE, SUCH BOARD SHALL NOTIFY SUCH RECIPIENT, WHICH
SHALL REPAY TO THE FUND AN AMOUNT EQUAL TO THE AMOUNT OF EXCESS PAYMENTS
NO  LATER  THAN  THIRTY DAYS THEREAFTER. IN THE EVENT THAT A CANDIDATE'S
PRINCIPAL COMMITTEE SHALL FAIL  TIMELY  TO  MAKE  SUCH  REPAYMENT,  SUCH
CANDIDATE  SHALL, WITHIN FIFTEEN DAYS OF NOTICE OF SUCH FAILURE FROM THE
BOARD, MAKE SUCH REPAYMENT TO THE FUND.
  (B) IF THE CAMPAIGN FINANCE BOARD OR THE OFFICE  OF  CAMPAIGN  FINANCE
ENFORCEMENT  ON  ITS  BEHALF, DETERMINES THAT ANY PORTION OF THE PAYMENT
MADE TO SUCH RECIPIENT FROM THE FUND WAS USED FOR  PURPOSES  OTHER  THAN
QUALIFIED  CAMPAIGN  EXPENDITURES,  THEN  SUCH  BOARD  SHALL NOTIFY SUCH
RECIPIENT OF THE AMOUNT SO DISQUALIFIED AND SUCH RECIPIENT  SHALL  REPAY
TO  THE  FUND  AN AMOUNT EQUAL TO SUCH DISQUALIFIED AMOUNT NO LATER THAN
THIRTY DAYS THEREAFTER.  IN  THE  EVENT  THAT  A  CANDIDATE'S  PRINCIPAL
COMMITTEE  SHALL  FAIL  TIMELY  TO  MAKE  SUCH REPAYMENT, SUCH CANDIDATE
SHALL, WITHIN FIFTEEN DAYS OF RECEIVING NOTICE OF SUCH FAILURE FROM  THE
BOARD, MAKE SUCH PAYMENT TO THE FUND.
  (C)  IF  THE TOTAL OF CONTRIBUTIONS, OTHER RECEIPTS, AND PAYMENTS FROM
THE FUND RECEIVED BY A CANDIDATE'S PRINCIPAL COMMITTEE EXCEED THE  TOTAL
CAMPAIGN  EXPENDITURES  OF SUCH COMMITTEE FOR ALL COVERED ELECTIONS HELD
IN THE SAME CALENDAR YEAR, SUCH COMMITTEE SHALL USE SUCH EXCESS FUNDS TO
REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY THE PRINCIPAL COMMITTEE FROM
THE FUND DURING SUCH CALENDAR YEAR. SUCH REIMBURSEMENT SHALL BE MADE NOT
LATER THAN TEN DAYS AFTER ALL LIABILITIES HAVE  BEEN  PAID  BUT  IN  ANY
EVENT  NOT  LATER  THAN  DECEMBER  THIRTIETH  OF THE YEAR FOLLOWING SUCH
CALENDAR YEAR. AT THE TIME THAT ALL OBLIGATIONS ARE PAID  AND  NO  LATER
THAN JUNE THIRTIETH OF THE YEAR FOLLOWING SUCH CALENDAR YEAR ANY AND ALL
UNSPENT  FUNDS IN A PRINCIPAL COMMITTEE MUST BE TRANSFERRED TO AN OFFICE
HOLDER ACCOUNT UP TO THE MAXIMUM ALLOWABLE AMOUNT OR  PAID  TO  THE  NEW
YORK STATE CLEAN ELECTION CAMPAIGN FINANCE FUND.
  3.  IF  A  QUALIFIED  CANDIDATE WHOSE PRINCIPAL COMMITTEE HAS RECEIVED
CLEAN ELECTION CAMPAIGN FUNDS IS DISQUALIFIED BY FINAL ORDER OF A  COURT
OF  COMPETENT  JURISDICTION ON THE GROUNDS THAT SUCH CANDIDATE COMMITTED
FRAUDULENT ACTS IN ORDER TO OBTAIN A PLACE ON THE BALLOT AND SUCH  DECI-
SION IS NOT REVERSED, SUCH CANDIDATE AND/OR HIS OR HER PRINCIPAL COMMIT-
TEE  SHALL  REPAY  TO THE NEW YORK STATE CLEAN ELECTION CAMPAIGN FINANCE
FUND AN AMOUNT EQUAL TO THE  TOTAL  OF  CLEAN  ELECTION  CAMPAIGN  FUNDS
RECEIVED  BY  SUCH  PRINCIPAL  COMMITTEE NO LATER THAN NINETY DAYS AFTER
ENTRY OF SUCH FINAL ORDER.
  4. ALL PAYMENTS AND REPAYMENTS OF  FUNDS  BY  A  CANDIDATE,  PARTY  OR
COMMITTEE PURSUANT TO THIS SECTION SHALL BE IN ADDITION TO ANY PENALTIES
APPLICABLE  PURSUANT  TO  LAW FOR THE IMPROPER RECEIPT, PAYMENT OR OTHER
DISBURSEMENT OF FUNDS BY SUCH CANDIDATE, PARTY OR COMMITTEE.
  S 14-174. ENFORCEMENT AND PENALTIES. THE PROVISIONS  OF  THIS  ARTICLE
SHALL  BE  ENFORCED  IN  THE  MANNER SPECIFIED BY SECTION 14-132 OF THIS
CHAPTER, AND VIOLATIONS OF THIS ARTICLE SHALL BE SUBJECT  TO  THE  CIVIL
AND  CRIMINAL PENALTIES SPECIFIED BY SECTION 14-126 OF THIS CHAPTER, AND
OTHERWISE AS PROVIDED BY LAW.
  S 14-176. CAMPAIGNS FOR OFFICE NOT SUBJECT TO THIS ARTICLE.   CONTRIB-
UTIONS,  LOANS,  GUARANTEES  AND  OTHER SECURITY FOR SUCH LOANS USED AND
EXPENDITURES MADE TOWARD THE PAYMENT OF LIABILITIES INCURRED BY A CANDI-
DATE IN AN ELECTION HELD PRIOR TO THE EFFECTIVE DATE OF THIS SECTION  OR
IN  WHICH  HE OR SHE DID NOT CHOOSE TO PARTICIPATE IN THE CLEAN ELECTION
CAMPAIGN FUNDING PROVISIONS OF THIS ARTICLE, OR IN A CAMPAIGN FOR PUBLIC
OFFICE OTHER THAN A CAMPAIGN COVERED  BY  THIS  ARTICLE,  SHALL  NOT  BE
SUBJECT TO THE REQUIREMENTS AND LIMITATIONS OF THIS ARTICLE.

S. 2740                            26

  S 14-178. QUADRENNIAL REPORTS. THE CAMPAIGN FINANCE BOARD SHALL REVIEW
AND  EVALUATE  THE  EFFECT  OF THIS ARTICLE UPON THE CONDUCT OF ELECTION
CAMPAIGNS IN THE STATE AND SHALL SUBMIT A REPORT TO THE GOVERNOR AND THE
LEGISLATURE ON OR BEFORE THE FIRST OF SEPTEMBER  IN  THE  CALENDAR  YEAR
AFTER  THE EFFECTIVE DATE OF THIS SECTION, EVERY FOURTH YEAR THEREAFTER,
AT ANY OTHER TIME UPON THE REQUEST OF THE GOVERNOR OR  THE  LEGISLATURE,
AND AT SUCH OTHER TIMES AS THE BOARD DEEMS APPROPRIATE, CONTAINING:
  1.  THE  NUMBER,  NAMES  AND  OFFICES OF CANDIDATES QUALIFYING FOR AND
CHOOSING TO RECEIVE CLEAN ELECTION CAMPAIGN FUNDS PURSUANT TO THIS ARTI-
CLE, AND OF CANDIDATES FAILING TO QUALIFY OR OTHERWISE NOT  CHOOSING  TO
RECEIVE  SUCH FUNDS, IN EACH ELECTION DURING THE PERIOD AFTER THE EFFEC-
TIVE DATE OF THIS ARTICLE OR SINCE THE END  OF  THE  PREVIOUS  FOUR-YEAR
REPORTING PERIOD;
  2. THE AMOUNT OF CLEAN ELECTION CAMPAIGN FUNDS PROVIDED TO THE PRINCI-
PAL  COMMITTEE  OF  EACH  CANDIDATE  PURSUANT  TO  THIS  ARTICLE AND THE
CONTRIBUTIONS RECEIVED AND EXPENDITURES MADE BY EACH SUCH CANDIDATE  AND
HIS OR HER PRINCIPAL COMMITTEE, IN EACH ELECTION DURING THE PERIOD AFTER
THE  EFFECTIVE  DATE  OF  THIS  ARTICLE OR SINCE THE END OF THE PREVIOUS
FOUR-YEAR REPORTING PERIOD;
  3. RECOMMENDATIONS AS  TO  WHETHER  THE  PROVISIONS  OF  THIS  ARTICLE
GOVERNING  MAXIMUM  CONTRIBUTION AMOUNTS, THRESHOLDS FOR ELIGIBILITY AND
EXPENDITURE LIMITATIONS SHOULD BE AMENDED AND SETTING FORTH  THE  AMOUNT
OF, AND REASONS FOR, ANY AMENDMENTS IT RECOMMENDS;
  4.  ANALYSIS  OF  THE  EFFECT  OF  THIS ARTICLE ON ELECTION CAMPAIGNS,
INCLUDING ITS EFFECT ON THE SOURCES AND AMOUNTS  OF  PRIVATE  FINANCING,
THE  LEVEL  OF CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE NUMBER OF
CANDIDATES AND THE  CANDIDATE'S  ABILITY  TO  CAMPAIGN  EFFECTIVELY  FOR
ELECTED OFFICE;
  5.  A  REVIEW  OF THE PROCEDURES UTILIZED IN PROVIDING FUNDS TO CANDI-
DATES; AND
  6. SUCH RECOMMENDATIONS FOR CHANGES IN THIS ARTICLE, OR INTERPRETATION
OR ENFORCEMENT THEREOF, AS IT DEEMS APPROPRIATE.
  S 2. The tax law is amended by adding a new section 626-a to  read  as
follows:
  S  626-A.  THE NEW YORK STATE CLEAN ELECTION CAMPAIGN FINANCE FUND. AN
INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO HAVE AN  AMOUNT  UP  TO  ONE
HUNDRED  DOLLARS  OF ANY TAX OTHERWISE PAYABLE DEPOSITED TO THE NEW YORK
STATE CLEAN ELECTION CAMPAIGN FINANCE FUND ESTABLISHED IN SECTION 14-168
OF THE ELECTION LAW. SUCH CONTRIBUTION SHALL NOT REDUCE  THE  AMOUNT  OF
STATE  TAX  OWED  BY  SUCH  INDIVIDUAL. THE COMMISSIONER SHALL INCLUDE A
SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER TO  AUTHOR-
IZE  SUCH  DEPOSIT.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE
CONTRARY, ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CRED-
ITED TO THE NEW YORK STATE CLEAN ELECTION CAMPAIGN FINANCE FUND AND USED
ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION  14-168  OF  THE  ELECTION
LAW.
  S 3. The election law is amended by adding a new section 3-101 to read
as follows:
  S  3-101.  STATE  CAMPAIGN  FINANCE  BOARD.  1. THERE SHALL BE A STATE
CAMPAIGN FINANCE BOARD CONSISTING OF FIVE MEMBERS. ONE  MEMBER  OF  SUCH
BOARD  SHALL BE APPOINTED BY THE GOVERNOR, WHO SHALL BE THE CHAIRPERSON;
ONE MEMBER SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE  SENATE;
ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY; ONE MEMBER
SHALL  BE APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND ONE MEMBER
SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.  THE  MEMBERS
SHALL FIRST BE APPOINTED TO SERVE AS FOLLOWS: THE MEMBER FIRST APPOINTED

S. 2740                            27

BY  THE  GOVERNOR SHALL SERVE FOR A TERM OF FIVE YEARS; THE MEMBER FIRST
APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE  SHALL  SERVE  FOR  A
TERM  OF  THREE  YEARS; THE MEMBER FIRST APPOINTED BY THE SPEAKER OF THE
ASSEMBLY  SHALL  SERVE  FOR  A  TERM  OF  THREE  YEARS; THE MEMBER FIRST
APPOINTED BY THE MINORITY LEADER OF THE SENATE SHALL SERVE FOR A TERM OF
TWO YEARS; AND THE MEMBER FIRST APPOINTED BY THE MINORITY LEADER OF  THE
ASSEMBLY  SHALL  SERVE  FOR A TERM OF TWO YEARS. THEREAFTER, EACH MEMBER
SHALL BE APPOINTED FOR A TERM OF FIVE YEARS ACCORDING  TO  THE  ORIGINAL
MANNER  OF  APPOINTMENT. IN CASE OF A VACANCY IN THE OFFICE OF A MEMBER,
SUCH VACANCY SHALL BE FILLED IN THE MANNER OF THE  ORIGINAL  APPOINTMENT
FOR THE REMAINDER OF THE UNEXPIRED TERM. EACH MEMBER SHALL BE A RESIDENT
OF  THE  STATE  AND REGISTERED TO VOTE THEREIN.  EACH MEMBER SHALL AGREE
NOT TO MAKE CONTRIBUTIONS TO ANY CANDIDATE FOR NOMINATION FOR  ELECTION,
OR  ELECTION,  TO  ANY  OFFICE FOR WHICH SUCH A CANDIDATE IS ELIGIBLE TO
RECEIVE CLEAN ELECTION FUNDS PURSUANT  TO  ARTICLE  FOURTEEN-A  OF  THIS
CHAPTER.  NO  MEMBER SHALL BE A CANDIDATE OR PARTICIPATE IN ANY CAPACITY
IN A CAMPAIGN BY, FOR OR AGAINST A CANDIDATE FOR NOMINATION FOR ELECTION
OR ELECTION TO ANY SUCH OFFICE, OR SHALL SERVE AS AN OFFICER OF A  POLI-
TICAL PARTY.  NO MEMBER OTHERWISE SHALL BE AN OFFICER OR EMPLOYEE OF THE
STATE  OR  ANY  INSTRUMENTALITY  THEREOF,  A LOBBYIST, OR AN EMPLOYEE OR
AGENT OF ANY PERSON OR ORGANIZATION REQUIRED  TO  FILE  A  STATEMENT  OF
REGISTRATION PURSUANT TO ARTICLE ONE-A OF THE LEGISLATIVE LAW. NO MEMBER
SHALL  BE A CANDIDATE, OFFICER, EMPLOYEE, LOBBYIST OR AGENT FOR ONE YEAR
BEFORE HIS OR HER APPOINTMENT TO THE BOARD  OR  HIS  OR  HER  PERIOD  OF
SERVICE  ON  THE BOARD. MEMBERS OF THE BOARD SHALL BE SELECTED SOLELY ON
THE BASIS OF MERIT, INCLUDING RELEVANT EXPERIENCE, AND WITHOUT REGARD TO
POLITICAL AFFILIATION AND SHALL NOT BE DISQUALIFIED FROM  CONTINUING  IN
OFFICE  FOR  ANY REASON OTHER THAN UNFITNESS OR INABILITY TO PERFORM THE
DUTIES INVOLVED PURSUANT TO LAW. NO MEMBER OF THE BOARD SHALL BE REMOVED
FROM OFFICE EXCEPT FOR CAUSE AND UPON NOTICE AND HEARING.
  2. THE MEMBERS OF THE CAMPAIGN FINANCE BOARD SHALL BE  COMPENSATED  AT
THE  RATE  OF  ONE  HUNDRED DOLLARS PER CALENDAR DAY WHEN PERFORMING THE
WORK OF THE BOARD.
  3. THE CAMPAIGN FINANCE BOARD SHALL EMPLOY NECESSARY STAFF,  INCLUDING
AN  EXECUTIVE  DIRECTOR  AND  A COUNSEL, AND MAKE NECESSARY EXPENDITURES
SUBJECT TO APPROPRIATION, WHICH APPROPRIATION SHALL  BE  SUFFICIENT  FOR
SUCH  BOARD MEANINGFULLY TO DISCHARGE THE POWERS AND DUTIES THEREOF. THE
BOARD MAY EMPLOY SUCH STAFF, INCLUDING LEGAL AND  ACCOUNTING  STAFF,  AS
ARE  NECESSARY  FOR  PROVIDING  TECHNICAL  ASSISTANCE TO PROSPECTIVE AND
PARTICIPATING CANDIDATES, FOR THE PURPOSE OF PROMOTING UNDERSTANDING OF,
PARTICIPATION IN, AND COMPLIANCE WITH THE REQUIREMENTS OF ARTICLE  FOUR-
TEEN-A OF THIS CHAPTER.
  4.  (A)  THE  CAMPAIGN FINANCE BOARD SHALL PROMULGATE, IN CONSULTATION
WITH THE STATE BOARD  OF  ELECTIONS,  SUCH  RULES  AND  REGULATIONS  AND
PROVIDE  SUCH  FORMS  AS  IT  DEEMS NECESSARY FOR THE EFFECTIVE ADMINIS-
TRATION OF ARTICLE FOURTEEN-A OF THIS CHAPTER.    THE  CAMPAIGN  FINANCE
BOARD SHALL PROMULGATE REGULATIONS CONCERNING THE FORM IN WHICH CONTRIB-
UTIONS  AND  EXPENDITURES  ARE  TO BE REPORTED, THE PERIODS DURING WHICH
SUCH REPORTS MUST BE FILED AND THE VERIFICATION REQUIRED.  THE  CAMPAIGN
FINANCE  BOARD  SHALL REQUIRE THE FILING OF REPORTS OF CONTRIBUTIONS AND
EXPENDITURES FOR PURPOSES OF DETERMINING COMPLIANCE WITH SUCH ARTICLE IN
ACCORDANCE WITH THE SCHEDULE SPECIFIED BY SUCH BOARD FOR THE  FILING  OF
CAMPAIGN RECEIPT AND EXPENDITURE STATEMENTS.  THE CAMPAIGN FINANCE BOARD
MAY  ALSO  REQUIRE  THE FILING OF ADDITIONAL REPORTS BY QUALIFIED CANDI-
DATES AND THEIR PRINCIPAL COMMITTEES AS  WELL  AS  BY  NON-PARTICIPATING

S. 2740                            28

CANDIDATES  AND  THEIR  AUTHORIZED COMMITTEES AND BY PERSONS OR ENTITIES
MAKING INDEPENDENT EXPENDITURES, WITHIN THE MEANING OF SUCH ARTICLE.
  (B)  THE  CAMPAIGN  FINANCE  BOARD  MAY  RENDER ADVISORY OPINIONS WITH
RESPECT TO QUESTIONS ARISING UNDER ARTICLE FOURTEEN-A OF  THIS  CHAPTER.
SUCH  ADVISORY  OPINIONS  MAY  BE  RENDERED  ON THE WRITTEN REQUEST OF A
CANDIDATE, AN OFFICER OF A POLITICAL COMMITTEE OR MEMBER OF THE  PUBLIC,
OR  ON  ITS  OWN  INITIATIVE.  SUCH BOARD SHALL MAKE PUBLIC ITS ADVISORY
OPINIONS.
  (C) THE CAMPAIGN FINANCE BOARD, IN CONSULTATION WITH THE  STATE  BOARD
OF  ELECTIONS,  SHALL DEVELOP A PROGRAM FOR INFORMING CANDIDATES AND THE
PUBLIC AS TO THE PURPOSE AND EFFECT OF THE PROVISIONS OF  ARTICLE  FOUR-
TEEN-A  OF  THIS  CHAPTER, AND TO ASSISTING IN COMPLIANCE THEREWITH. THE
CAMPAIGN FINANCE BOARD SHALL  PREPARE  AND  MAKE  AVAILABLE  EDUCATIONAL
MATERIALS, IN PLAIN LANGUAGE, INCLUDING COMPLIANCE MANUALS AND SUMMARIES
AND  EXPLANATIONS  OF  THE  PURPOSES AND PROVISIONS OF SUCH ARTICLE. THE
CAMPAIGN FINANCE BOARD  SHALL  PREPARE  AND  MAKE  AVAILABLE  MATERIALS,
INCLUDING,  TO THE EXTENT FEASIBLE, COMPUTER SOFTWARE, TO FACILITATE THE
TASK OF COMPLIANCE WITH THE DISCLOSURE AND  RECORD-KEEPING  REQUIREMENTS
OF  SUCH  ARTICLE;  AND  SHALL  DEVELOP  A  COMPUTER DATABASE THAT SHALL
CONTAIN ALL INFORMATION NECESSARY FOR THE PROPER ADMINISTRATION OF  SUCH
ARTICLE  INCLUDING  INFORMATION  ON CONTRIBUTIONS TO AND EXPENDITURES BY
PARTIES, CANDIDATES AND THEIR PRINCIPAL COMMITTEES AND DISTRIBUTIONS  OF
MONEYS  THEREUNDER,  SUCH DATABASE TO BE ACCESSIBLE TO THE PUBLIC AT ALL
TIMES ON THE INTERNET.  THE STATE BOARD OF ELECTIONS  AND  THE  CAMPAIGN
FINANCE  BOARD SHALL COLLABORATE TO ENSURE THE INTER-OPERABILITY OF SUCH
DATABASE AND THE ELECTRONIC REPORTING  SYSTEM  PURSUANT  TO  SUBDIVISION
NINE-A OF SECTION 3-102 OF THIS ARTICLE.
  (D)  THE CAMPAIGN FINANCE BOARD SHALL HAVE SUCH OTHER POWERS AS NECES-
SARY AND PROPER, NOT INCONSISTENT WITH LAW, TO CARRY OUT THE  PROVISIONS
OF ARTICLE FOURTEEN-A OF THIS CHAPTER.
  5.  IN  THE DISCHARGE OF ITS DUTIES, THE BOARD SHALL CONSULT WITH, AND
BE ENTITLED TO RECEIVE THE COOPERATION OF, THE STATE BOARD OF ELECTIONS,
THE COMMISSION ON PUBLIC INTEGRITY, THE INSPECTOR GENERAL OF THE  STATE,
THE  ATTORNEY-GENERAL  AND  THE  COMPTROLLER  TO THE EXTENT NECESSARY OR
DESIRABLE TO ENSURE THAT RULES, REGULATIONS AND PROCEDURES  THEREOF  ARE
COMPREHENSIBLE TO THE PUBLIC, DESIGNED TO PROMOTE TRANSPARENCY, ACCOUNT-
ABILITY  AND COMPLIANCE, AND ARE READILY ABLE TO BE APPLIED AND ENFORCED
TIMELY AND TO THE FULLEST EXTENT OF THE LAW.
  S 4. This act shall take effect immediately; provided,  however,  that
candidates  for state comptroller will be eligible to participate in the
voluntary clean election campaign finance system, as established  pursu-
ant  to  article fourteen-A of the election law, as added by section one
of this act, beginning with the 2013 primary  election,  and  candidates
for  governor, lieutenant governor, attorney general, and state legisla-
ture will be eligible to participate therein  beginning  with  the  2015
primary election.
  S  4.  Severability.  If any clause, sentence, paragraph, subdivision,
section or other part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair or invalidate the remainder thereof but shall be confined in  its
operation  to  the  clause, sentence, paragraph, subdivision, section or
other part thereof directly involved in the controversy  in  which  such
judgment  shall  have  been  rendered.  It  is hereby declared to be the
intent of the legislature that this act would have been enacted even  if
such invalid provisions had not been included herein.

S. 2740                            29

  S  5.  This act shall take effect immediately; provided, however, that
the applicable effective date of Parts A and B of this act shall  be  as
specifically set forth in the last section of such Parts.