senate Bill S876

Amended

Provides for a state board of elections enforcement unit and counsel

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO ELECTIONS
  • 05 / Apr / 2011
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 04 / Jan / 2012
    • REFERRED TO ELECTIONS
  • 13 / Feb / 2012
    • AMEND AND RECOMMIT TO ELECTIONS
  • 13 / Feb / 2012
    • PRINT NUMBER 876A

Summary

Provides for a state board of elections enforcement unit and counsel.

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Bill Details

Versions:
S876
S876A
Legislative Cycle:
2011-2012
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd ยงยง3-100, 3-102 & 3-104, El L
Versions Introduced in 2009-2010 Legislative Cycle:
S7506, S7538

Sponsor Memo

BILL NUMBER:S876

TITLE OF BILL:
An act
to amend the election law,
in relation to
providing for a state board of elections enforcement unit and
counsel

SUMMARY AND DESCRIPTION OF PROVISIONS:
The bill creates a campaign finance enforcement unit within the State
Board of Elections and makes the office of campaign finance
enforcement counsel a four-year term. It also makes the office of
special counsel the other legal unit at the SBOE - a four-year term,
and codifies the requirement that the deputy in each unit be a member
of the opposite political party than the counsel.

The bill changes the way that campaign finance enforcement matters are
processed at the SBOE by requiring three of the four SBOE
commissioners to vote to stop an investigation by the enforcement
counsel, rather than requiring, as current law does, three votes to
begin an investigation.

The bill mandates that all votes to stop an investigation, or to act
on the recommendation of the enforcement counsel after an
investigation, occur in public.

The bill codifies an enforcement unit within the State Board of
Elections (SBOE) with a mandate that at least 35 percent of the
SBOE's annual budget be dedicated to the unit to promote increased
enforcement of campaign finance laws.

LEGISLATIVE HISTORY:
2010: S.7538/A.11640

JUSTIFICATION:
This bill will promote increased enforcement and compliance with the
state's campaign finance laws by codifying an enforcement unit within
the SBOE and ensuring the unit's independence by giving it a fixed
four year term. Furthermore, unlike the status quo, the SBOE will be
required under this bill to vote affirmatively to stop a campaign
finance investigation from proceeding, and requires that such
decision be made in public. These measures will create, for the first
time, meaningful enforcement at the State Board of Elections to
pursue campaign finance violations.

FISCAL IMPLICATIONS:
The State of New York shall appropriate at least 35% of the State
Board of Elections' annual budget to the enforcement unit charged
enforcement of state campaign finance laws.

EFFECTIVE DATE:
This act takes effect immediately.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   876

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sen. SQUADRON -- 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 providing for  a  state
  board of elections enforcement unit and counsel

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

  Section 1. Subdivision 3 of section 3-100  of  the  election  law,  as
amended  by  chapter  220  of  the  laws  of 2005, is amended to read as
follows:
  3. The commissioners of the state board of  elections  shall  have  no
other public employment. The commissioners shall receive an annual sala-
ry  of  twenty-five  thousand dollars, within the amounts made available
therefor by appropriation. The board shall, for the purposes of sections
seventy-three and seventy-four of the public officers law, be  a  "state
agency",  and  such commissioners shall be "officers" of the state board
of elections for the purposes of such sections. Within the amounts  made
available  by appropriation therefor, the state board of elections shall
appoint two co-executive directors, [counsel] AN ENFORCEMENT COUNSEL,  A
DEPUTY  ENFORCEMENT  COUNSEL, WHO SHALL BE A MEMBER OF A DIFFERENT MAJOR
POLITICAL PARTY THAN THE ENFORCEMENT COUNSEL, A SPECIAL COUNSEL, A DEPU-
TY SPECIAL COUNSEL, WHO SHALL BE A MEMBER OF A DIFFERENT MAJOR POLITICAL
PARTY THAN THE SPECIAL COUNSEL, A DIRECTOR  OF  ELECTION  OPERATIONS,  A
DEPUTY  DIRECTOR  OF  ELECTION  OPERATIONS,  WHO  SHALL BE A MEMBER OF A
DIFFERENT MAJOR POLITICAL PARTY THAN  THE  DIRECTOR  OF  ELECTION  OPER-
ATIONS,  A  DIRECTOR  OF PUBLIC INFORMATION, A DEPUTY DIRECTOR OF PUBLIC
INFORMATION, WHO SHALL BE A MEMBER OF A DIFFERENT MAJOR POLITICAL  PARTY
THAN  THE DIRECTOR OF PUBLIC INFORMATION and such other staff members as
are necessary in the exercise  of  its  functions,  and  may  fix  their
compensation.  [Anytime  after  the effective date of the chapter of the
laws of two thousand five  which  amended  this  subdivision,  the]  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04075-01-1

S. 876                              2

commissioners or, in the case of a vacancy on the board, the commission-
er of each of the major political parties shall appoint one co-executive
director.  Each  co-executive director shall serve a term of four years.
THE  ENFORCEMENT COUNSEL AND THE SPECIAL COUNSEL SHALL EACH SERVE A TERM
OF FOUR YEARS AND MAY ONLY BE REMOVED FOR CAUSE.   ANY  TIME  AFTER  THE
EFFECTIVE  DATE  OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TEN AMENDING
THIS SUBDIVISION, THE COMMISSIONERS, OR IN THE CASE OF A VACANCY ON  THE
BOARD,  THE  COMMISSIONER,  OF EACH OF THE SAME MAJOR POLITICAL PARTY AS
THE INCUMBENT ENFORCEMENT COUNSEL, DEPUTY ENFORCEMENT  COUNSEL,  SPECIAL
COUNSEL, DEPUTY SPECIAL COUNSEL, DIRECTOR OF ELECTION OPERATIONS, DEPUTY
DIRECTOR  OF  ELECTION  OPERATIONS,  DIRECTOR  OF PUBLIC INFORMATION AND
DEPUTY DIRECTOR OF PUBLIC  INFORMATION,  SHALL  APPOINT  SUCH  COUNSELS,
DIRECTORS AND DEPUTIES. Any vacancy in the office of co-executive direc-
tor,  ENFORCEMENT  COUNSEL, DEPUTY ENFORCEMENT COUNSEL, SPECIAL COUNSEL,
DEPUTY SPECIAL COUNSEL, DIRECTOR OF ELECTION OPERATIONS, DEPUTY DIRECTOR
OF ELECTION OPERATIONS, DIRECTOR OF PUBLIC INFORMATION AND DEPUTY DIREC-
TOR OF PUBLIC INFORMATION, shall be filled by the commissioners  or,  in
the  case  of a vacancy on the board, the commissioner of the same major
political party as the vacating incumbent for the  remaining  period  of
the  term  of  such  vacating incumbent, FOR THE REMAINING PERIOD OF THE
TERM OF SUCH VACATING INCUMBENT.
  S 2. Subdivision 3, paragraph (c) of subdivision 9-A  and  subdivision
17  of  section  3-102  of  the  election  law, subdivisions 3 and 17 as
amended by chapter 9 of the laws of 1978, paragraph (c)  of  subdivision
9-A  as  added  by chapter 430 of the laws of 1997 and subdivision 17 as
renumbered by chapter 23 of the laws of 2005, are  amended  to  read  as
follows:
  3.  conduct any investigation necessary to carry out the provisions of
this chapter, PROVIDED, HOWEVER,  THAT  THE  STATE  BOARD  OF  ELECTIONS
ENFORCEMENT COUNSEL, ESTABLISHED PURSUANT TO SECTION 3-104 OF THIS ARTI-
CLE, SHALL CONDUCT ANY INVESTIGATION NECESSARY TO ENFORCE THE PROVISIONS
OF ARTICLE FOURTEEN OF THIS CHAPTER ON BEHALF OF THE BOARD OF ELECTIONS;
  (c) establish [a] AN EDUCATIONAL AND training program on ALL REPORTING
REQUIREMENTS INCLUDING BUT NOT LIMITED TO the electronic reporting proc-
ess  and  make  it EASILY AND READILY available to any such candidate or
committee AND NOTIFY ANY SUCH CANDIDATE OR COMMITTEE OF THE AVAILABILITY
OF THE MOST RECENT CAMPAIGN FINANCE HANDBOOK;
  17.   HEAR AND CONSIDER THE RECOMMENDATIONS  OF  THE  STATE  BOARD  OF
ELECTIONS ENFORCEMENT COUNSEL REGARDING THE ENFORCEMENT OF VIOLATIONS OF
ARTICLE FOURTEEN OF THIS CHAPTER;
  18.  perform  such  other  acts  as  may be necessary to carry out the
purposes of this chapter.
  S 3. Section 3-104 of the election law, subdivisions 1, 3, 4 and 5  as
redesignated  and  subdivision  2 as amended by chapter 9 of the laws of
1978, is amended to read as follows:
  S 3-104. State board of elections AND THE  STATE  BOARD  OF  ELECTIONS
ENFORCEMENT  COUNSEL;  enforcement powers.  1. (A) THERE SHALL BE A UNIT
KNOWN AS THE STATE BOARD OF ELECTIONS ENFORCEMENT UNIT ESTABLISHED WITH-
IN THE STATE BOARD OF ELECTIONS. THE HEAD OF  SUCH  UNIT  SHALL  BE  THE
ENFORCEMENT COUNSEL.
  (B)  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 HOWEVER  THAT  THE
ENFORCEMENT  COUNSEL SHALL HAVE SOLE AUTHORITY WITHIN THE STATE BOARD OF
ELECTIONS TO INVESTIGATE ON HIS OR HER OWN INITIATIVE OR UPON COMPLAINT,

S. 876                              3

ALLEGED  VIOLATIONS  OF  ARTICLE  FOURTEEN  OF  THIS  CHAPTER  AND   ALL
COMPLAINTS  ALLEGING  ARTICLE  FOURTEEN VIOLATIONS SHALL BE FORWARDED TO
THE ENFORCEMENT UNIT. NOTHING IN THIS  SECTION  SHALL  BE  CONSTRUED  TO
DIMINISH OR ALTER THE STATE BOARD OF ELECTIONS' JURISDICTION PURSUANT TO
THIS CHAPTER.
  2.  Whenever  [the state board of elections or other] A LOCAL board of
elections shall determine, on its own initiative or upon  complaint,  or
otherwise,  that  there  is substantial reason to believe a violation of
this chapter or  any  code  or  regulation  promulgated  thereunder  has
[occurred]  BEEN  COMMITTED  BY  A CANDIDATE OR POLITICAL COMMITTEE THAT
FILES STATEMENTS OR IS REQUIRED TO DO SO PURSUANT TO ARTICLE FOURTEEN OF
THIS CHAPTER SOLELY WITH SUCH LOCAL BOARD, it shall  expeditiously  make
an  investigation  which shall also include investigation of reports and
statements made or failed to be made by the complainant  and  any  poli-
tical  committee supporting his candidacy if the complainant is a candi-
date or, if the complaint was made by an officer or member  of  a  poli-
tical  committee, of reports and statements made or failed to be made by
such political committee and any candidates supported by it. [The  state
board  of elections, in lieu of making such an investigation, may direct
the appropriate board of elections to make an investigation.] The  state
board of elections may request, and shall receive, the assistance of the
state police in any investigation it shall conduct.
  3.  [If, after an investigation, the state or other board of elections
finds reasonable cause to believe that a violation  warranting  criminal
prosecution  has taken place, it shall forthwith refer the matter to the
district attorney of the appropriate county and shall make available  to
such  district  attorney  all  relevant papers, documents, testimony and
findings relevant to its investigation.
  4. The state or other  board  of  elections  may,  where  appropriate,
commence  a judicial proceeding with respect to the filing or failure to
file any statement of receipts, expenditures,  or  contributions,  under
the  provisions  of  this  chapter, and the state board of elections may
direct the  appropriate  other  board  of  elections  to  commence  such
proceeding.
  5.]   IF THE ENFORCEMENT COUNSEL DETERMINES THAT A VIOLATION OF SUBDI-
VISION ONE OF SECTION 14-126 OF THIS CHAPTER HAS  OCCURRED  WHICH  COULD
WARRANT  A CIVIL PENALTY, THE ENFORCEMENT COUNSEL SHALL, UPON HIS OR HER
DISCRETION, SEEK TO RESOLVE THE MATTER EXTRA-JUDICIALLY  OR  COMMENCE  A
SPECIAL  PROCEEDING  IN  THE SUPREME COURT PURSUANT TO SECTION 16-114 OF
THIS CHAPTER.
  4. UPON RECEIPT OF A COMPLAINT AND SUPPORTING INFORMATION OR AN INTER-
NAL REFERRAL FROM THE ENFORCEMENT UNIT ALLEGING ANY OTHER  VIOLATION  OF
ARTICLE  FOURTEEN OF THIS CHAPTER, THE ENFORCEMENT COUNSEL SHALL ANALYZE
THE FACTS AND THE LAW RELEVANT TO SUCH COMPLAINT OR REFERRAL  TO  DETER-
MINE  IF  AN INVESTIGATION SHOULD BE UNDERTAKEN. THE ENFORCEMENT COUNSEL
SHALL, IF NECESSARY, REQUEST ADDITIONAL INFORMATION FROM THE COMPLAINANT
TO ASSIST SUCH COUNSEL IN MAKING THIS DETERMINATION. SUCH ANALYSIS SHALL
INCLUDE THE FOLLOWING: FIRST, WHETHER THE ALLEGATIONS,  IF  TRUE,  WOULD
CONSTITUTE  A VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER AND, SECOND,
WHETHER THE ALLEGATIONS ARE SUPPORTED BY CREDIBLE EVIDENCE.
  5.  IF  THE  ENFORCEMENT  COUNSEL  DETERMINES  THAT  THE   ALLEGATIONS
CONTAINED  IN  A COMPLAINT, IF TRUE, WOULD NOT CONSTITUTE A VIOLATION OF
ARTICLE FOURTEEN OF  THIS  CHAPTER  OR  THAT  THE  ALLEGATIONS  ARE  NOT
SUPPORTED  BY  CREDIBLE EVIDENCE, HE OR SHE SHALL: (A) NOTIFY THE DEPUTY
ENFORCEMENT COUNSEL OF SUCH DETERMINATION AND (B)  PUBLICLY  NOTIFY  THE
STATE  BOARD  OF  ELECTIONS OF SUCH DETERMINATION. IF THE STATE BOARD OF

S. 876                              4

ELECTIONS PUBLICLY DETERMINES, AS PROVIDED IN THIS TITLE, THAT THE ALLE-
GATIONS, IF TRUE, WOULD CONSTITUTE A VIOLATION OF  ARTICLE  FOURTEEN  OF
THIS CHAPTER AND THAT THE ALLEGATIONS APPEAR TO BE SUPPORTED BY CREDIBLE
EVIDENCE, IT SHALL DIRECT THAT THE ENFORCEMENT COUNSEL CONDUCT AN INVES-
TIGATION.  LACKING  SUCH  A DETERMINATION, THE ENFORCEMENT COUNSEL SHALL
ISSUE A LETTER TO THE COMPLAINANT DISMISSING THE COMPLAINT.
  6. IF THE ENFORCEMENT COUNSEL  DETERMINES  THAT  THE  ALLEGATIONS,  IF
TRUE,  WOULD  CONSTITUTE A VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER
AND THAT THE ALLEGATIONS APPEAR TO BE SUPPORTED BY CREDIBLE EVIDENCE, HE
OR SHE SHALL: (A) NOTIFY THE DEPUTY ENFORCEMENT COUNSEL OF  (I)  HIS  OR
HER  INTENT TO RESOLVE THE MATTER EXTRA-JUDICIALLY DUE TO THE DE MINIMUS
NATURE OF THE VIOLATION; OR (II) HIS OR HER INTENT TO COMMENCE AN INVES-
TIGATION, AND (B) PUBLICLY NOTIFY THE STATE BOARD OF ELECTIONS  OF  SUCH
INTENT  NO  LATER  THAN  THE  BOARD'S  NEXT REGULARLY SCHEDULED MEETING.
NOTIFICATION SHALL SUMMARIZE THE RELEVANT FACTS AND THE  APPLICABLE  LAW
AND  SHALL,  TO  THE EXTENT POSSIBLE, PROTECT FROM PUBLIC DISCLOSURE THE
IDENTITY OF THE COMPLAINANT AND THE INDIVIDUAL SUBJECT TO THE COMPLAINT.
THE DEPUTY ENFORCEMENT COUNSEL SHALL HAVE THE OPPORTUNITY TO REVIEW  THE
ENTIRE  FILE  OF ANY PRELIMINARY INVESTIGATION CONDUCTED BY THE ENFORCE-
MENT COUNSEL A MINIMUM OF TEN DAYS PRIOR  TO  SAID  REGULARLY  SCHEDULED
MEETING OF THE BOARD AND TO SUBMIT A PUBLIC, WRITTEN CONCURRENCE WITH OR
DISSENT FROM THE ENFORCEMENT COUNSEL'S PROPOSAL.
  7.  IF, UPON CONSIDERING THE ENFORCEMENT COUNSEL'S NOTICE OF INTENT TO
COMMENCE AN INVESTIGATION AND THE DEPUTY ENFORCEMENT COUNSEL'S RECOMMEN-
DATION, THE STATE BOARD OF ELECTIONS BELIEVES THAT THE  ALLEGATIONS,  IF
TRUE, WOULD NOT CONSTITUTE A VIOLATION OF ARTICLE FOURTEEN OF THIS CHAP-
TER,  OR THE ALLEGATIONS ARE NOT SUPPORTED BY CREDIBLE EVIDENCE OR, THAT
ON BALANCE, THE EQUITIES FAVOR A DISMISSAL OF THE COMPLAINT,  THE  BOARD
SHALL  PUBLICLY  DIRECT THAT AN INVESTIGATION NOT BE UNDERTAKEN NO LATER
THAN SIXTY DAYS AFTER THE RECEIPT OF NOTIFICATION FROM  THE  ENFORCEMENT
COUNSEL  OF HIS OR HER INTENT TO COMMENCE AN INVESTIGATION. IN DETERMIN-
ING WHETHER THE EQUITIES FAVOR A DISMISSAL OF THE COMPLAINT,  THE  STATE
BOARD OF ELECTIONS SHALL CONSIDER THE FOLLOWING FACTORS: (A) WHETHER THE
COMPLAINT  ALLEGES  A  DE  MINIMUS VIOLATION OF ARTICLE FOURTEEN OF THIS
CHAPTER; (B) WHETHER THE SUBJECT OF THE COMPLAINT HAS MADE A GOOD  FAITH
EFFORT  TO  CORRECT  THE  VIOLATION;  AND (C) WHETHER THE SUBJECT OF THE
COMPLAINT HAS A HISTORY OF SIMILAR VIOLATIONS.   DETERMINATIONS  OF  THE
STATE  BOARD  OF ELECTIONS TO DISMISS A COMPLAINT AND NOT PROCEED WITH A
FORMAL INVESTIGATION SHALL BE VOTED UPON AS PROVIDED IN SUBDIVISION FOUR
OF SECTION 3-100 OF THIS TITLE AT AN OPEN MEETING  PURSUANT  TO  ARTICLE
SEVEN  OF THE PUBLIC OFFICERS LAW, AND SHALL BE MADE ON A FAIR AND EQUI-
TABLE BASIS AND WITHOUT REGARD TO THE  STATUS  OF  THE  SUBJECT  OF  THE
COMPLAINT.
  8.  ABSENT A TIMELY DETERMINATION BY THE STATE BOARD OF ELECTIONS THAT
AN INVESTIGATION SHALL NOT BE UNDERTAKEN, THE ENFORCEMENT COUNSEL  SHALL
COMMENCE  AN INVESTIGATION ON A TIMELY BASIS. IF THE ENFORCEMENT COUNSEL
DETERMINES THAT ADDITIONAL INVESTIGATIVE  POWERS,  AS  PROVIDED  FOR  IN
SUBDIVISIONS  FOUR,  FIVE  AND  SIX  OF SECTION 3-102 OF THIS TITLE, ARE
NEEDED TO COMPLETE THE COUNSEL'S INVESTIGATION, HE OR SHE SHALL  REQUEST
SUCH  ADDITIONAL  POWERS  FROM THE STATE BOARD OF ELECTIONS. SUCH POWERS
SHALL BE GRANTED BY THE BOARD IN PUBLIC ONLY WHEN THE BOARD  FINDS  THAT
FURTHER INVESTIGATION IS WARRANTED AND JUSTIFIED.
  9.  AT  THE  CONCLUSION  OF ITS INVESTIGATION, THE ENFORCEMENT COUNSEL
SHALL PROVIDE THE DEPUTY ENFORCEMENT COUNSEL  AND  THE  STATE  BOARD  OF
ELECTIONS  WITH  A WRITTEN RECOMMENDATION AS TO: (A) WHETHER SUBSTANTIAL
REASON EXISTS TO BELIEVE A VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER

S. 876                              5

HAS OCCURRED AND, IF SO, THE NATURE OF THE VIOLATION AND ANY  APPLICABLE
PENALTY,  AS  DEFINED  IN  SECTION  14-126 OF THIS CHAPTER, BASED ON THE
NATURE OF THE VIOLATION; (B)  WHETHER  THE  MATTER  SHOULD  BE  RESOLVED
EXTRA-JUDICIALLY;  (C)  WHETHER A SPECIAL PROCEEDING SHOULD BE COMMENCED
IN THE SUPREME COURT TO RECOVER A  CIVIL  PENALTY;  AND  (D)  WHETHER  A
REFERRAL  SHOULD  BE MADE TO A DISTRICT ATTORNEY PURSUANT TO SUBDIVISION
ELEVEN OF THIS SECTION BECAUSE REASONABLE  CAUSE  EXISTS  TO  BELIEVE  A
VIOLATION  WARRANTING  CRIMINAL  PROSECUTION HAS TAKEN PLACE. THE DEPUTY
ENFORCEMENT COUNSEL SHALL HAVE THE OPPORTUNITY TO REVIEW THE ENTIRE FILE
OF ANY INVESTIGATION CONDUCTED BY THE ENFORCEMENT COUNSEL A  MINIMUM  OF
TEN  DAYS  PRIOR TO SAID REGULARLY SCHEDULED MEETING OF THE BOARD AND TO
SUBMIT A PUBLIC, WRITTEN CONCURRENCE WITH OR DISSENT FROM  THE  ENFORCE-
MENT COUNSEL'S RECOMMENDATION.
  10.  THE  STATE  BOARD OF ELECTIONS SHALL ACCEPT, MODIFY OR REJECT THE
ENFORCEMENT COUNSEL'S RECOMMENDATION NO  LATER  THAN  SIXTY  DAYS  AFTER
RECEIPT  OF  SUCH RECOMMENDATION. IN MAKING ITS DETERMINATION, THE BOARD
SHALL AGAIN CONSIDER: (A) WHETHER THE COMPLAINT  ALLEGES  A  DE  MINIMUS
VIOLATION  OF  ARTICLE FOURTEEN OF THIS CHAPTER; (B) WHETHER THE SUBJECT
OF THE COMPLAINT HAS MADE A GOOD FAITH EFFORT TO CORRECT THE  VIOLATION;
AND  (C)  WHETHER  THE SUBJECT OF THE COMPLAINT HAS A HISTORY OF SIMILAR
VIOLATIONS. ALL SUCH DETERMINATIONS SHALL BE VOTED UPON AS  PROVIDED  IN
SUBDIVISION  FOUR  OF  SECTION  3-100  OF  THIS TITLE AT AN OPEN MEETING
PURSUANT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW, AND SHALL BE  MADE
ON  A  FAIR  AND  EQUITABLE  BASIS,  WITHOUT REGARD TO THE STATUS OF THE
SUBJECT OF THE COMPLAINT.
  11. (A) IF THE STATE BOARD OF ELECTIONS  DETERMINES,  AS  PROVIDED  IN
SUBDIVISION  TEN  OF  THIS  SECTION,  THAT  SUBSTANTIAL REASON EXISTS TO
BELIEVE THAT A PERSON, ACTING AS OR ON BEHALF OF A  CANDIDATE  OR  POLI-
TICAL  COMMITTEE  UNDER CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE SUCH
LAW, HAS UNLAWFULLY ACCEPTED A CONTRIBUTION IN EXCESS OF A  CONTRIBUTION
LIMITATION  ESTABLISHED IN ARTICLE FOURTEEN OF THIS CHAPTER, WHICH COULD
WARRANT A CIVIL PENALTY AS PROVIDED FOR IN SUBDIVISION THREE OF  SECTION
14-126  OF  THIS  CHAPTER,  THE BOARD SHALL DIRECT THE COMMENCEMENT OF A
SPECIAL PROCEEDING IN THE SUPREME COURT.
  (B) IF THE STATE BOARD OF ELECTIONS DETERMINES, AS PROVIDED IN  SUBDI-
VISION  TEN  OF  THIS  SECTION THAT REASONABLE CAUSE EXISTS TO BELIEVE A
VIOLATION WARRANTING CRIMINAL PROSECUTION HAS  TAKEN  PLACE,  THE  BOARD
SHALL  REFER  THE MATTER TO A DISTRICT ATTORNEY AND SHALL MAKE AVAILABLE
TO SUCH DISTRICT ATTORNEY ALL PAPERS, DOCUMENTS, TESTIMONY AND  FINDINGS
RELEVANT TO ITS INVESTIGATION.
  12.  UPON NOTIFICATION THAT A SPECIAL PROCEEDING HAS BEEN COMMENCED BY
A PARTY OTHER THAN THE STATE BOARD OF  ELECTIONS,  PURSUANT  TO  SECTION
16-114  OF  THIS  CHAPTER, THE STATE BOARD OF ELECTIONS SHALL DIRECT THE
ENFORCEMENT COUNSEL TO INVESTIGATE THE ALLEGED VIOLATIONS UNLESS  OTHER-
WISE DIRECTED BY THE COURT.
  13.  THE ENFORCEMENT COUNSEL SHALL PREPARE A REPORT, TO BE INCLUDED IN
THE ANNUAL REPORT TO  THE  GOVERNOR  AND  LEGISLATURE,  SUMMARIZING  THE
ACTIVITIES  OF  THE  UNIT  DURING  THE  PREVIOUS YEAR. SUCH REPORT SHALL
INCLUDE: (A) THE NUMBER  OF  COMPLAINTS  RECEIVED;  (B)  THE  NUMBER  OF
COMPLAINTS  THAT WERE FOUND TO NEED INVESTIGATION AND THE NATURE OF EACH
COMPLAINT; AND (C) THE NUMBER OF MATTERS THAT HAVE BEEN RESOLVED.    THE
REPORT  SHALL  NOT  CONTAIN  ANY INFORMATION FOR WHICH DISCLOSURE IS NOT
PERMITTED.
  14. The state board of elections may promulgate rules and  regulations
consistent with law to effectuate the provisions of this section.

S. 876                              6

  S  4.  The state of New York shall appropriate during each fiscal year
to the New York state board of elections enforcement unit, not less than
thirty-five percent of the appropriation available from the general fund
for the state board of  elections  to  pay  for  the  expenses  of  such
enforcement unit.
  S 5. This act shall take effect immediately.

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