senate Bill S3253

Amended

Provides for regulation of delegates to a constitutional convention, their election, and public financing for such elections

download pdf

Sponsor

Bill Status


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

actions

  • 31 / Jan / 2013
    • REFERRED TO ELECTIONS
  • 08 / Jan / 2014
    • REFERRED TO ELECTIONS
  • 24 / Jan / 2014
    • AMEND AND RECOMMIT TO ELECTIONS
  • 24 / Jan / 2014
    • PRINT NUMBER 3253A

Summary

Provides for regulation of delegates to a constitutional convention, their election, and public financing for such elections.

do you support this bill?

Bill Details

Versions:
S3253
S3253A
Legislative Cycle:
2013-2014
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd §§6-136, 7-104 & 14-114, redesig Art 14 §§14-100 - 14-130 to be Title I, add Title head, Art 14 Title 2 §§14-200 - 14-216, El L; amd §§1-c, 1-f & 1-o, Leg L; amd §73-a, Pub Off L; add §81, St Fin L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2896A
2009-2010: A4146
2007-2008: A1165

Sponsor Memo

BILL NUMBER:S3253

TITLE OF BILL: An act to amend the election law, the legislative law,
the public officers law and the state finance law, in relation to the
nomination and election of delegates to a constitutional convention

PURPOSE OR GENERAL IDEA OF BILL: Reforms the constitutional conventions
delegate selection process.

Specifically the bill:

* Creates a public finance system for delegate elections,

* Reforms the delegate election process by substituting a system whereby
each voter votes for one candidate instead of three, and

* Makes it easier for citizens to gain access to the delegate election
ballot.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Legislative findings.

§ 2. Amends 6-136 of the election law to require that petitions for the
office of constitutional delegate-at-large be signed by not less than
five thousand or 2.5%, whichever is less, of enrolled voters. It also
requires petition for Senate district delegates to be signed by five
hundred people or more or 2.5%, whichever is less, of the enrolled
voters in the Senate district.

§ 2 also liberalizes the petition process. It allows petitioners to
correct technical problems with their petition and moreover, provides
that petitions be in substantial compliance with the law.

§ 3. Amends section 7-104 of the election law specifying the delegate
voting process. Specifically, each voter may vote for one person in his
or her senate district. The top three vote getters from the district are
elected delegates. For at-large delegates, the top three vote getters
are elected to the convention.

§ 4. Amends section 14-114 of the election law to reform campaign
finance. Specifically, restricts large centralized campaign contrib-
utions.

§§5 and 6 establish the "State Public Financing for the Election of
Delegates to a Convention to Revise and Amend the State Constitution"

Section 11 creates the fund.

§§7-10 reforms the lobbying law to extend it to the constitutional
convention.

JUSTIFICATION: One of the most important democratic provisions in our
State Constitution is the constitutional convention. The question of
whether there should be a constitutional convention is automatically
placed on the general election ballot every twenty years. The question
can also be placed on the ballot by law. In the course of history,
conventions have been convened both ways.

However, to ensure the process by which different persons and groups are
represented at the convention several key changes are necessary.

I. The Delegate Selection Process

The delegate selection process was added to the State Constitution in
1894. Under section 2, of Article XIX of the constitution voters elect
three delegates from every Senate district and 15 at-large delegates.
Currently there are 61 Senate districts. Thus, with the 15 at-large
spots there are a total of 183 delegates.

A. Voting Rights Act Issue

Currently, Article XIX, section 2 is more than likely in violation of
the Federal Voting Rights Act. The voting Rights Act prohibits any
"voting qualification or prerequisite to voting or standard, practice,
or procedure...which results in a denial or abridgement of the right of
any citizen of the United States to vote on account of race or color."
42 USC § 1973, § 2. See: 42 U.S.C. 1973. Specifically, § 1973 of the
voting Rights Act states that members of a minority group should not
"have less opportunity than other members of the electorate to partic-
ipate in the political process and to elect representatives of their
choice." Id. It is important to note that there does not need to be the
intent to dilute minority voting--if the mechanism in effect dilutes
minority voting the process violates the Voting Rights Act (what the law
calls the "totality of circumstances"). Id.(2)

A concern under the voting Rights Act is vote dilution - or electoral
mechanisms aimed at reducing minority representation. Specifically,
multi-member districts (where voters vote for multiple candidates, is
highly suspect for it was historically used as a way for racial majori-
ties to dominate the electoral process. See: Lani Guinier, "The Triumph
of Tokenism," Michigan Law Review, 89, 1077, 1094. While the Supreme
Court has not ruled that multimembers are always unconstitutional, data
suggest that in New York, the delegate selection process would be. See:
Fortson v. Dorsey, 397 U.S. 73 (1965) and Burns v. Richardson, 384 U.S.
73 (1966). Below illustrates that the current Senate delegate selection
process dilutes minority voting. Recently, however, the Supreme Court
has opined that multi-member district voting, "generally pose greater
threats to minority voter participation in the political process than do
single-member." It appears that the use of multi-member Assembly
districts would be constitutional, but the use of multi-member Senate
districts is not.

According to Professor Richard Briffaultrs analysis examining the 1997
convention call he observed that African Americans held 5 of the 61
Senate seats or 8.2% of the total, while African Americans held 21 of
the 150 Assembly seats 14% of the total. The total population of African
Americans in New York is about 16% so the use of Assembly districts
would be more representative of the African American and other minority
populations. Temporary State Commission on Constitutional Revision, qtd
in Decision 1997: Constitutional Change in New York; Gerald Benjamin and
Henrik Dullea, eds. page 411.

While using Assembly Districts or other similar methods may be the pref-
erable method of delegate selection, it is much more difficult to accom-
plish. Such a change would require a constitutional amendment. However,
other approaches exist that would create a more open and fair process
without a constitutional change. One remedy would be to statutorily
create a system of limited voting.

B. Semiproportional Voting - Limited Voting (Single-Member Districts)

Precedence shows that single-member districts are preferable, not only
for ease and ability to statutorily change the process, but also because
minority groups bringing action in courts often cite single-member
districts as the appropriate remedy. See: Thornburg v. Gingles, 478
U.S. 30 (1986).

Other states (North Carolina, Alabama, Connecticut and Pennsylvania)
have implemented limited voting for local elections with great success.
See: Moore v. Beaufort, 936 F. 2d 159 (4th Cir. 1991) (approved settle-
ment that included a multimember district with limited voting in North
Carolina); Orloski v. Davis, 564 F. Supp. 526, 536 (M.D. Pa. 1983)
(allowed limited voting in Pennsylvania judicial elections); LoFrisco v.
Schaffer, 341 P. Supp. 743 (D. Conn. 1972) (upheld limited voting for
Connecticut Board of Elections); and Kaelin v. Warden, 334 F. Supp. 602
(E.D. Pa. 1971) (upheld limited voting to elect County Commissioners in
Pennsylvania) - Thus, limited voting under this bill would satisfy the
Voting Rights Act and be more representative and empower minority commu-
nities.

Finally, limited voting in multimember districts has other benefits.
First, limited voting is easier to understand and execute. Other
systems, like Single Transferable Voting (where voters vote by listing
their order of preference), may be even more representative, but such
systems are highly confusing and, moreover difficult for local polling
places to implement.

II. Ballot Access

It is well know that New York has draconian ballot access laws.
Currently, the delegate election process would fall under the State
election law for other statewide and Senate offices. See: Election Law,
Article 6. First, the number of signatures required to get onto the
ballot is unusually high. This is compounded by the fact that often

people try to get two to three times the amount of signatures required
to make sure they have enough valid signatures. Second, even the most
microscopic mistake results in the entire petition being invalidated.
Wrong colored paper; cover sheets and binding mistakes would void
petitions. In 1994 the Temporary Commission on.Constitutional Convention
voiced similar concerns. The Commission stated:

There can be little dispute that the complex and sometimes technical
construction and application of the election law favors those most
familiar with it... some have expressed concern that it would be rela-
tively more difficult for those who are not a part of an existing poli-
tical party or organization to become candidates for convention deleg-
ates. This is not only a criticism of the election law but also an
expression of the view that, regardless of the rules applicable to
everyday political elections, there should be afforded to persons not
normally involved in partisan politics a greater and more open opportu-
nity to become involved in the special process of constitutional
revision.

Temporary State Commission on Constitutional Revision, The New York
State Constitution: A Briefing Book. Rockefeller Institute of Government
(1994) at 49.

We remedy this very strict process by: providing a grace period, reduc-
ing the number of signatures, and change the legal standard from strict
compliance to substantial compliance.

III. Campaign Finance Reform

Public financing of the delegate selection process is absolutely crit-
ical. Since greater access must be afforded to those that do not normal-
ly participate in politics, public financing is critical to provide
average citizens the resources to participate.

Moreover, campaign reform is needed to level the playing field. The
State Commission on Government Integrity and other groups have called
for reforms in New York generally, especially trying to avoid a "govern-
ment industry" dominance in the convention process. As the Temporary
Commission on constitutional Revision stated that:

Democratic governmental processes should be inclusive, not exclusive.
The Commission does believe that if a constitutional convention is held,
its membership should represent the great diversity of New York...This
includes not only our racial and ethnic diversity, but also the broad
spectrum of education and experience and the range of vocational back-
grounds present in New York.

Decision 1997: Constitutional Change in New York, Benjamin and Dullea,
eds. Rockefeller Institute (1997) at 432.

Finally, and most importantly, this reform effort does not ban partic-
ipation. While some call for prohibiting elected officials and others

from participating, this bill does not take this approach. The approach
creates the opportunity to allow a diverse cross-section of New Yorkers
to participate. As the Commission concluded that "the way to achieve
such a diverse convention...is not by banning legislators or others, but
by altering the process of delegate selection to make it more likely
that less politically experienced candidates can successfully compete in
the process..." id.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of January next
succeeding the date on which it shall have become a law; provided,
however, that the state commissioner of taxation and finance and the
state comptroller may promulgate any rules, regulations and forms neces-
sary for the implementation of section eighty-one of the state finance
law, as added by section eleven of this act on or before the effective
date of this act.

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

                                  3253

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law, the legislative law, the public  offi-
  cers  law and the state finance law, in relation to the nomination and
  election of delegates to a constitutional convention

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

  Section  1.  Legislative  findings.  The  legislature hereby finds and
declares that the power of the people of this state to call a  constitu-
tional  convention  to  periodically reevaluate their social contract is
one of the great democratic mechanisms in existence.   It is  important,
however,  to  ensure that the people of this state are fully represented
and have fair access to this important process.
  S 2. Subdivision 1 and the opening  paragraph  and  paragraph  (h)  of
subdivision  2  of  section  6-136 of the election law, subdivision 1 as
amended by chapter 200 of the laws of 1996,  the  opening  paragraph  of
subdivision  2  as  amended by chapter 659 of the laws of 1994 and para-
graph (h) of subdivision 2 as amended by chapter 79 of the laws of 1992,
are amended and three new subdivisions 2-a, 4 and 5 are added to read as
follows:
  1. Petitions for any office to be filled by the voters of  the  entire
state,  EXCEPT THE OFFICE OF DELEGATE-AT-LARGE TO A CONVENTION TO REVISE
AND AMEND THE STATE CONSTITUTION,  must  be  signed  by  not  less  than
fifteen  thousand  or  five  per  centum, whichever is less, of the then
enrolled voters of the party in the state (excluding voters in  inactive
status), of whom not less than one hundred or five per centum, whichever
is less, of such enrolled voters shall reside in each of one-half of the
congressional districts of the state.  PETITIONS FOR THE OFFICE OF DELE-
GATE-AT-LARGE TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION
MUST  BE  SIGNED  BY NOT LESS THAN FIVE THOUSAND OR TWO AND ONE-HALF PER
CENTUM, WHICHEVER IS LESS, OF SUCH ENROLLED VOTERS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01049-01-3

S. 3253                             2

  All other petitions, EXCEPT PETITIONS FOR THE OFFICE OF DISTRICT DELE-
GATE TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION, must be
signed by not less than five per centum, as determined by the  preceding
enrollment, of the then enrolled voters of the party residing within the
political  unit  in  which  the  office  or  position is to be voted for
(excluding voters in inactive status), provided, however, that  for  the
following  public  offices  the number of signatures need not exceed the
following limits:
  (h) For any office to be filled by all the voters of any state senato-
rial district, EXCEPT THE OFFICE OF DISTRICT DELEGATE TO A CONVENTION TO
REVISE AND AMEND THE STATE CONSTITUTION, one thousand signatures;
  2-A. PETITIONS FOR THE OFFICE OF DISTRICT DELEGATE TO A CONVENTION  TO
REVISE  AND AMEND THE STATE CONSTITUTION MUST BE SIGNED BY NOT LESS THAN
FIVE HUNDRED OR TWO AND ONE-HALF PER CENTUM, WHICHEVER IS LESS,  OF  THE
THEN  ENROLLED  VOTERS  OF  THE  PARTY  RESIDING WITHIN THE STATE SENATE
DISTRICT (EXCLUDING VOTERS IN INACTIVE STATUS).
  4. IF A PETITION OF A CANDIDATE  FOR  THE  OFFICE  OF  DELEGATE  TO  A
CONVENTION  TO REVISE AND AMEND THE STATE CONSTITUTION IS REJECTED, SUCH
CANDIDATE SHALL BE AFFORDED SEVEN BUSINESS  DAYS  TO  CORRECT  TECHNICAL
ERRORS IN FILED PETITIONS AFTER THE OFFICIAL FILING OF PETITION OR, WHEN
THE  PETITION  IS THE SUBJECT OF A JUDICIAL CHALLENGE WITHIN SEVEN BUSI-
NESS DAYS AFTER THE COMMENCEMENT OF THE LAWSUIT.
  5. THE PROVISIONS OF THIS SECTION  SHALL  BE  LIBERALLY  CONSTRUED  TO
AVOID THE DISQUALIFICATION OF CANDIDATES TO THE MAXIMUM EXTENT FEASIBLE,
NOT   INCONSISTENT   WITH   SUBSTANTIAL  COMPLIANCE  THEREWITH  AND  THE
PREVENTION OF FRAUD. "SUBSTANTIAL COMPLIANCE" WITHIN THIS SECTION  MEANS
ACTUAL COMPLIANCE IN RESPECT TO THE SUBSTANCE ESSENTIAL TO EVERY REASON-
ABLE  OBJECTIVE  OF  THE STATUTE. IT MEANS THAT A COURT SHOULD DETERMINE
WHETHER THE STATUTE HAS BEEN FOLLOWED SUFFICIENTLY SO AS  TO  CARRY  OUT
THE INTENT FOR WHICH IT WAS ADOPTED. SUBSTANTIAL COMPLIANCE WITH A STAT-
UTE  IS  NOT  SHOWN  UNLESS IT IS MADE TO APPEAR THAT THE PURPOSE OF THE
STATUTE IS SHOWN TO  HAVE  BEEN  SERVED.  WHAT  CONSTITUTES  SUBSTANTIAL
COMPLIANCE  WITH  A  STATUTE  IS A MATTER DEPENDING ON THE FACTS OF EACH
PARTICULAR CASE.
  S 3. Section 7-104 of the election law is amended by  adding  two  new
subdivisions 9 and 10 to read as follows:
  9.  AT  A  GENERAL ELECTION AT WHICH THE NAMES OF CANDIDATES FOR DELE-
GATE-AT-LARGE TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION
APPEAR ON THE BALLOT, EACH VOTER SHALL  BE  ENTITLED  TO  VOTE  FOR  ONE
CANDIDATE  AND  THE  FIFTEEN  CANDIDATES STATEWIDE RECEIVING THE HIGHEST
NUMBER OF VOTES SHALL BE ELECTED TO THE OFFICE OF  DELEGATE-AT-LARGE  TO
SUCH CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION.
  10.  AT  A  GENERAL  ELECTION AT WHICH THE NAMES OF CANDIDATES FOR THE
OFFICE OF DISTRICT DELEGATE TO A CONVENTION  TO  REVISE  AND  AMEND  THE
STATE  CONSTITUTION  APPEAR  ON  THE BALLOT OF SUCH DISTRICT, EACH VOTER
SHALL BE ENTITLED TO VOTE FOR ONE CANDIDATE AND THE THREE CANDIDATES  OF
SUCH  DISTRICT RECEIVING THE HIGHEST NUMBER OF VOTES SHALL BE ELECTED TO
THE OFFICE OF DISTRICT DELEGATES TO SUCH CONVENTION TO REVISE AND  AMEND
THE STATE CONSTITUTION.
  S 4. Subdivision 1 of section 14-114 of the election law is amended by
adding a new paragraph b-1 to read as follows:
  B-1.  NO  CONTRIBUTOR  MAY  MAKE  A  CONTRIBUTION  TO ANY CANDIDATE OR
AUTHORIZED COMMITTEE OF A CANDIDATE FOR AN OFFICE OR POSITION SUBJECT TO
THE PROVISIONS OF THIS SECTION WHO IS  ALSO  A  CANDIDATE  IN  THE  SAME
ELECTION  FOR  THE OFFICE OF DELEGATE-AT-LARGE OR DISTRICT DELEGATE TO A
CONVENTION TO REVISE AND AMEND  THE  STATE  CONSTITUTION,  AND  NO  SUCH

S. 3253                             3

CANDIDATE  OR  AUTHORIZED COMMITTEE OF A CANDIDATE FOR DELEGATE-AT-LARGE
OR DISTRICT DELEGATE MAY ACCEPT ANY CONTRIBUTION  FROM  ANY  CONTRIBUTOR
WHICH  IS  IN THE AGGREGATE AMOUNT, GREATER THAN THE LARGER AMOUNT WHICH
MAY BE CONTRIBUTED TO SUCH A CANDIDATE FOR DELEGATE-AT-LARGE OR DISTRICT
DELEGATE  TO  A CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION OR
SUCH OTHER OFFICE OR POSITION SUBJECT TO THE PROVISIONS OF THIS SECTION.
  S 5. Sections 14-100 through 14-130 of article 14 of the election  law
are  designated  title  1  and  a  new title heading is added to read as
follows:

               GENERAL CAMPAIGN RECEIPTS AND EXPENDITURES

  S 6. Article 14 of the election law is amended by adding a new title 2
to read as follows:
                                 TITLE II
                         STATE PUBLIC FINANCING
                           FOR THE ELECTION OF
                        DELEGATES TO A CONVENTION
                      TO REVISE AND AMEND THE STATE
                              CONSTITUTION
SECTION 14-200. DEFINITIONS.
        14-202. ELIGIBILITY.
        14-204. QUALIFIED CAMPAIGN EXPENDITURES.
        14-206. OPTIONAL PUBLIC FINANCING.
        14-208. CONTRIBUTION AND RECEIPT LIMITATIONS.
        14-210. EXPENDITURE LIMITATIONS.
        14-212. EXAMINATIONS AND AUDITS; REPAYMENTS.
        14-214. PENALTIES.
        14-216. CIVIL PENALTIES.
  S 14-200. DEFINITIONS. AS USED IN THIS TITLE, UNLESS  ANOTHER  MEANING
IS CLEARLY INDICATED:
  1. THE TERM "STATE BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
  2.  THE  TERM  "CANDIDATE"  SHALL  MEAN  A CANDIDATE FOR NOMINATION OR
ELECTION TO THE OFFICE OF DELEGATE-AT-LARGE TO A  CONVENTION  TO  REVISE
AND  AMEND  THE  STATE  CONSTITUTION,  OR  A CANDIDATE FOR NOMINATION OR
ELECTION TO THE OFFICE OF DISTRICT DELEGATE TO A  CONVENTION  TO  REVISE
AND AMEND THE STATE CONSTITUTION.
  3.  THE TERM "ELIGIBLE CANDIDATE" SHALL MEAN A CANDIDATE WHO MEETS THE
REQUIREMENTS FOR ELIGIBILITY IN SECTION 14-202 OF THIS TITLE.
  4. THE TERM "MATCHABLE CONTRIBUTIONS" SHALL MEAN THAT PORTION  OF  THE
AGGREGATE  CONTRIBUTIONS  MADE AFTER THE EFFECTIVE DATE OF THIS TITLE BY
NATURAL PERSONS RESIDENT IN THE STATE OF NEW YORK  TO  A  CANDIDATE  FOR
NOMINATION  OR  ELECTION TO ANY OF THE OFFICES COVERED BY THE PROVISIONS
OF THIS TITLE WHICH DO NOT EXCEED FIVE HUNDRED DOLLARS, WHICH HAVE  BEEN
REPORTED  IN  FULL  BY THE CANDIDATE'S AUTHORIZED COMMITTEE TO THE STATE
BOARD, INCLUDING THE CONTRIBUTOR'S FULL  NAME  AND  RESIDENTIAL  ADDRESS
AND, WITH RESPECT TO CONTRIBUTIONS OF MORE THAN ONE HUNDRED DOLLARS, THE
NAME  AND  ADDRESS  OF  THE  CONTRIBUTOR'S EMPLOYER. "MATCHABLE CONTRIB-
UTIONS" SHALL BE THE NET AMOUNT OF ANY MONETARY CONTRIBUTION REALIZED BY
A CANDIDATE OR DESIGNATED COMMITTEE AFTER DEDUCTING THE REASONABLE VALUE
OF ANY GOODS OR SERVICES PROVIDED THE CONTRIBUTOR IN CONNECTION WITH THE
CONTRIBUTION, EXCEPT THAT CONTRIBUTIONS FROM ANY PERSON WHO HAS RECEIVED
A PAYMENT OR ANYTHING OF VALUE FROM SUCH COMMITTEE OR FROM A PERSON  WHO
IS  AN  OFFICER,  DIRECTOR  OR  EMPLOYEE  OF,  OR A PERSON WHO HAS A TEN
PERCENT OR GREATER OWNERSHIP INTEREST IN ANY ENTITY WHICH  HAS  RECEIVED
SUCH  A PAYMENT OR THING OF VALUE SHALL NOT BE MATCHABLE. A LOAN MAY NOT

S. 3253                             4

BE TREATED AS A MATCHABLE CONTRIBUTION. FOR PURPOSES  OF  THIS  SUBDIVI-
SION,  A "CONTRIBUTOR" SHALL BE DEEMED TO INCLUDE THE SPOUSE AND UNEMAN-
CIPATED CHILDREN OF ANY INDIVIDUAL CONTRIBUTOR.
  5. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE
FOR WHICH PUBLIC FUNDS MAY BE USED.
  6.  THE  TERM  "FUND"  SHALL  MEAN  THE NEW YORK STATE DELEGATE TO THE
CONSTITUTIONAL CONVENTION CAMPAIGN FINANCE FUND ESTABLISHED  IN  SECTION
EIGHTY-ONE OF THE STATE FINANCE LAW.
  7. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF TOTAL
MATCHABLE  CONTRIBUTIONS  THAT  THE AUTHORIZED COMMITTEE OF AN OTHERWISE
ELIGIBLE CANDIDATE FOR ELECTION MUST RECEIVE IN  ORDER  TO  QUALIFY  FOR
OPTIONAL PUBLIC FINANCING PURSUANT TO THIS TITLE.
  S 14-202. ELIGIBILITY. 1. TO BE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING
UNDER THIS TITLE, A CANDIDATE FOR NOMINATION OR ELECTION MUST:
  (A)  MEET ALL THE REQUIREMENTS OF THIS CHAPTER AND OTHER PROVISIONS OF
LAW TO HAVE HIS OR HER NAME ON THE BALLOT;
  (B) BE A CANDIDATE AS DEFINED IN SECTION 14-200 OF  THIS  TITLE  AT  A
PRIMARY  OR  GENERAL ELECTION AND MEET THE THRESHOLD FOR ELIGIBILITY SET
FORTH IN SUBDIVISION TWO OF THIS SECTION;
  (C) ELECT TO PARTICIPATE IN THE  PUBLIC  FUNDING  PROVISIONS  OF  THIS
TITLE  NOT  LATER THAN SEVEN DAYS AFTER THE LAST DAY TO FILE DESIGNATING
PETITIONS FOR THE OFFICE SUCH CANDIDATE IS SEEKING;
  (D) AGREE TO OBTAIN AND FURNISH TO THE STATE BOARD ANY EVIDENCE IT MAY
REASONABLY REQUEST RELATING TO  HIS  OR  HER  CAMPAIGN  EXPENDITURES  OR
CONTRIBUTIONS AND FURNISH SUCH OTHER PROOF OF COMPLIANCE WITH THIS TITLE
AS MAY BE REQUESTED BY THE STATE BOARD;
  (E)  HAVE  A  SINGLE  AUTHORIZED  POLITICAL  COMMITTEE WHICH HE OR SHE
CERTIFIES AS THE AUTHORIZED COMMITTEE FOR THE PURPOSES OF THIS TITLE;
  (F) AGREE TO IDENTIFY ACCURATELY IN ALL CAMPAIGN MATERIALS THE  PERSON
OR ENTITY THAT PAID FOR SUCH CAMPAIGN MATERIAL; AND
  (G)  AGREE  NOT TO MAKE EXPENDITURES FOR HIS OR HER DESIGNATION, NOMI-
NATION OR ELECTION TO MORE THAN ONE OFFICE OR POSITION OR  ANY  COMBINA-
TION  THEREOF ON THE BALLOT IN THE SAME ELECTION IN WHICH HE OR SHE IS A
CANDIDATE FOR THE OFFICE OF DELEGATE-AT-LARGE OR DISTRICT DELEGATE TO  A
CONVENTION  TO  REVISE  AND  AMEND  THE STATE CONSTITUTION, WHICH IN THE
AGGREGATE, FOR ALL SUCH OFFICES AND POSITIONS SOUGHT  AT  THE  ELECTION,
EXCEED  THE  EXPENDITURE  LIMITATIONS  ESTABLISHED  BY THIS TITLE FOR AN
ELIGIBLE CANDIDATE.
  2. THE THRESHOLD FOR ELIGIBILITY FOR PUBLIC FUNDING FOR CANDIDATES  IN
A PRIMARY OR GENERAL ELECTION FOR THE FOLLOWING OFFICES SHALL BE:
  (A)  A  CANDIDATE  FOR DELEGATE-AT-LARGE TO A CONVENTION TO REVISE AND
AMEND THE STATE CONSTITUTION IN A PRIMARY ELECTION OR  A  CANDIDATE  FOR
DELEGATE-AT-LARGE  TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTI-
TUTION IN A  GENERAL  ELECTION.  NOT  LESS  THAN  SEVENTY-FIVE  THOUSAND
DOLLARS  IN MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST FIVE HUNDRED SUCH
CONTRIBUTIONS OF TEN DOLLARS OR MORE  OR  ONE-HALF  OF  THE  EXPENDITURE
LIMIT, WHICHEVER IS LESS.
  (B)  DISTRICT  DELEGATE  TO A CONVENTION TO REVISE AND AMEND THE STATE
CONSTITUTION IN A PRIMARY OR GENERAL ELECTION. NOT LESS THAN SEVEN THOU-
SAND FIVE HUNDRED DOLLARS IN MATCHABLE CONTRIBUTIONS INCLUDING AT  LEAST
TWENTY-FIVE  SUCH CONTRIBUTIONS OF TEN DOLLARS OR MORE FROM RESIDENTS OF
THE DISTRICT IN WHICH THE SEAT IS  TO  BE  FILLED  OR  ONE-HALF  OF  THE
EXPENDITURE LIMIT, WHICHEVER IS LESS.
  3.  IN  ORDER  TO  BE  ELIGIBLE  TO  RECEIVE PUBLIC FUNDS IN A PRIMARY
ELECTION, A CANDIDATE MUST AGREE THAT IN THE EVENT SUCH CANDIDATE  IS  A
CANDIDATE  FOR  SUCH  OFFICE  IN THE GENERAL ELECTION IN SUCH YEAR, SUCH

S. 3253                             5

CANDIDATE WILL BE BOUND BY THE PROVISIONS  OF  THIS  TITLE  AND  SECTION
EIGHTY-ONE  OF THE STATE FINANCE LAW, INCLUDING, BUT NOT LIMITED TO, THE
RECEIPT AND EXPENDITURE LIMITS OF THIS TITLE.
  4.  CANDIDATES  FOR  DISTRICT  DELEGATE WHO ARE CONTESTED IN A PRIMARY
ELECTION AND WHO DO NOT SEEK PUBLIC FUNDS  SHALL  NOT  BE  ELIGIBLE  FOR
PUBLIC FUNDS FOR THE GENERAL ELECTION IN THAT YEAR.
  5.  CANDIDATES  WHO  ARE  UNOPPOSED IN A GENERAL ELECTION SHALL NOT BE
ELIGIBLE TO RECEIVE PUBLIC FUNDS.
  6. NO CANDIDATE FOR ELECTION TO AN OFFICE  IN  A  PRIMARY  OR  GENERAL
ELECTION  WHO  HAS  QUALIFIED FOR PUBLIC FUNDS SHALL RECEIVE SUCH PUBLIC
FUNDS UNLESS AT LEAST ONE  OTHER  CANDIDATE  FOR  SUCH  OFFICE  IN  SUCH
ELECTION  ALSO  QUALIFIED  TO RECEIVE PUBLIC FUNDS OR AT LEAST ONE OTHER
CANDIDATE FOR SUCH OFFICE IN SUCH ELECTION AND SUCH CANDIDATE'S  AUTHOR-
IZED  COMMITTEE HAVE SPENT, OR CONTRACTED OR OBLIGATED TO SPEND, OR HAVE
RECEIVED IN LOANS OR CONTRIBUTIONS AN AMOUNT EXCEEDING  TEN  PERCENT  OF
THE EXPENDITURE LIMIT FOR SUCH OFFICE IN SUCH ELECTION WHICH IS FIXED BY
THIS  TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT SUCH PUBLIC FUNDS.
IF A CANDIDATE FOR AN OFFICE AND THE AUTHORIZED COMMITTEE OF SUCH CANDI-
DATE REACHES THE THRESHOLD TO QUALIFY TO RECEIVE PUBLIC FUNDS, OR SPENDS
OR CONTRACTS OR OBLIGATES TO SPEND, OR RECEIVES  IN  LOANS  OR  CONTRIB-
UTIONS,  AN  AMOUNT  EXCEEDING  TEN PERCENT OF THE EXPENDITURE LIMIT FOR
SUCH OFFICE IN SUCH ELECTION AT ANY TIME AFTER THE FILING  DEADLINE  FOR
THE  LAST  REPORT  REQUIRED TO BE FILED BEFORE THE FIRST DISTRIBUTION OF
PUBLIC FUNDS FOR SUCH ELECTION, SUCH CANDIDATE OR COMMITTEE MUST  NOTIFY
THE STATE BOARD OF THAT FACT WITHIN FORTY-EIGHT HOURS BY EXPRESS MAIL.
  S  14-204.  QUALIFIED  CAMPAIGN EXPENDITURES. 1. PUBLIC FUNDS PROVIDED
UNDER THE PROVISIONS OF THIS TITLE AND SECTION EIGHTY-ONE OF  THE  STATE
FINANCE  LAW  MAY  ONLY  BE  USED  FOR EXPENDITURES BY ANY ONE COMMITTEE
AUTHORIZED BY THE CANDIDATE TO MAKE  EXPENDITURES  ON  SUCH  CANDIDATE'S
BEHALF,  TO  FURTHER  THE  CANDIDATE'S NOMINATION OR ELECTION DURING THE
CALENDAR YEAR IN WHICH THE PRIMARY OR  GENERAL  ELECTION  IN  WHICH  THE
CANDIDATE  SEEKING NOMINATION OR ELECTION IS HELD, FOR SERVICES, MATERI-
ALS, FACILITIES OR OTHER THINGS OF VALUE  USED  DURING  THAT  YEAR.  THE
TOTAL  OF  ALL  EXPENDITURES  MADE BY THE CANDIDATE AND SUCH CANDIDATE'S
AUTHORIZED COMMITTEE, INCLUDING ALL PAYMENTS  RECEIVED  FROM  THE  FUND,
SHALL  NOT  EXCEED  THE  EXPENDITURE  LIMITATIONS ESTABLISHED IN SECTION
14-210 OF THIS TITLE, EXCEPT INSOFAR AS SUCH PAYMENTS ARE MADE TO  REPAY
LOANS USED TO PAY CAMPAIGN EXPENDITURES.
  2. SUCH PUBLIC FUNDS MAY NOT BE USED FOR:
  (A)  AN EXPENDITURE IN VIOLATION OF ANY LAW OF THE UNITED STATES OR OF
THIS STATE;
  (B) PAYMENTS OR ANYTHING OF VALUE GIVEN OR MADE TO  THE  CANDIDATE,  A
RELATIVE  OF  THE  CANDIDATE,  OR TO A BUSINESS ENTITY IN WHICH ANY SUCH
PERSON HAS A TEN PERCENT OR GREATER OWNERSHIP INTEREST OR OF  WHICH  ANY
SUCH PERSON IS AN OFFICER, DIRECTOR OR EMPLOYEE;
  (C) PAYMENT IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES, MATERIALS,
FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
  (D)  ANY  EXPENDITURE  MADE AFTER THE CANDIDATE, OR THE ONLY REMAINING
OPPONENT OF THE CANDIDATE, HAS BEEN DISQUALIFIED OR HAD SUCH CANDIDATE'S
PETITIONS DECLARED INVALID BY A BOARD OF ELECTIONS OR A COURT OF  COMPE-
TENT  JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER
AUTHORITY. THIS PARAGRAPH SHALL NOT APPLY TO  A  CANDIDATE  ENTITLED  TO
EXPEND  PUBLIC  FUNDS PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF
SECTION 14-206 OF THIS TITLE;

S. 3253                             6

  (E) ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION  OF
DESIGNATION  OR NOMINATION OR ANY CERTIFICATE OF NOMINATION, ACCEPTANCE,
AUTHORIZATION, DECLINATION OR SUBSTITUTION;
  (F)  EXPENDITURE FOR NONCAMPAIGN RELATED FOOD, DRINK OR ENTERTAINMENT;
AND
  (G) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER CAMPAIGN MATERI-
AL.
  S 14-206. OPTIONAL PUBLIC FINANCING. 1. ELIGIBLE CANDIDATES FOR  NOMI-
NATION  OR  ELECTION IN PRIMARY AND GENERAL ELECTIONS MAY OBTAIN PAYMENT
TO AUTHORIZED  COMMITTEES  FROM  PUBLIC  FUNDS  FOR  QUALIFIED  CAMPAIGN
EXPENDITURES.  NO  SUCH  PUBLIC  FUNDS  SHALL  BE  PAID TO AN AUTHORIZED
COMMITTEE UNTIL THE CANDIDATE HAS QUALIFIED AS AN ELIGIBLE CANDIDATE AND
FILED A SWORN STATEMENT WITH THE STATE BOARD ELECTING TO RECEIVE  PUBLIC
FUNDS  AND  AGREEING  TO  ABIDE  BY  THE  REQUIREMENTS OF THIS TITLE AND
SECTION EIGHTY-ONE OF THE STATE FINANCE LAW. PAYMENTS SHALL  NOT  EXCEED
THE  AMOUNTS  SPECIFIED IN THIS TITLE, AND SHALL BE MADE ONLY IN ACCORD-
ANCE WITH THE PROVISIONS OF THIS TITLE AND  SECTION  EIGHTY-ONE  OF  THE
STATE  FINANCE LAW. SUCH PAYMENTS MAY ONLY BE MADE TO AN ELIGIBLE CANDI-
DATE'S AUTHORIZED COMMITTEE. NO PUBLIC FUNDS SHALL  BE  USED  EXCEPT  AS
REIMBURSEMENT  OR  PAYMENT  FOR QUALIFIED CAMPAIGN EXPENDITURES ACTUALLY
AND LAWFULLY INCURRED OR TO REPAY LOANS USED TO PAY  QUALIFIED  CAMPAIGN
EXPENDITURES.
  2.  (A)  THE  AUTHORIZED COMMITTEE OF EACH ELIGIBLE CANDIDATE SHALL BE
ENTITLED TO PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES  NOT  TO  EXCEED
ONE  DOLLAR  FOR EACH ONE DOLLAR OF MATCHABLE CONTRIBUTIONS OBTAINED AND
REPORTED TO THE STATE BOARD IN ACCORDANCE WITH THE  PROVISIONS  OF  THIS
TITLE.
  (B)  HOWEVER, IF ANY CANDIDATE IN ANY ELECTION FOR AN OFFICE FOR WHICH
PUBLIC FUNDS ARE AVAILABLE PURSUANT TO THE PROVISIONS OF THIS TITLE  AND
SECTION  EIGHTY-ONE  OF THE STATE FINANCE LAW, ELECTS NOT TO ACCEPT SUCH
PUBLIC FUNDS AND SUCH CANDIDATE AND SUCH CANDIDATE'S AUTHORIZED  COMMIT-
TEE  SPEND  OR  CONTRACT  OR  OBLIGATE  TO SPEND, OR RECEIVE IN LOANS OR
CONTRIBUTIONS, AN AMOUNT EXCEEDING ONE-THIRD OF  THE  EXPENDITURE  LIMIT
FOR  SUCH  OFFICE FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO
ACCEPT SUCH PUBLIC FUNDS, THEN THE AUTHORIZED COMMITTEE OF EACH ELIGIBLE
CANDIDATE FOR SUCH OFFICE SHALL BE ENTITLED  TO  PAYMENT  FOR  QUALIFIED
CAMPAIGN  EXPENDITURES NOT TO EXCEED TWO DOLLARS FOR EACH SUCH DOLLAR OF
MATCHABLE CONTRIBUTIONS. IF A CANDIDATE WHO ELECTS NOT  TO  ACCEPT  SUCH
PUBLIC FUNDS, OR THE AUTHORIZED COMMITTEE OF SUCH A CANDIDATE, SPENDS OR
CONTRACTS  OR OBLIGATES TO SPEND, OR RECEIVES IN LOANS OR CONTRIBUTIONS,
AN AMOUNT EXCEEDING ONE-THIRD OF THE EXPENDITURE LIMIT FOR SUCH  OFFICE,
SUCH  CANDIDATE  OR  COMMITTEE  MUST  NOTIFY THE STATE BOARD OF THE FACT
WITHIN FORTY-EIGHT HOURS BY EXPRESS MAIL.
  3. NO CANDIDATE FOR NOMINATION FOR AN OFFICE WHO  IS  UNOPPOSED  IN  A
PRIMARY  ELECTION  SHALL BE ENTITLED TO PAYMENT FROM THE FUND FOR QUALI-
FIED CAMPAIGN EXPENDITURES, UNLESS THERE IS A CONTEST  IN  SUCH  PRIMARY
FOR  THE  NOMINATION  OF AT LEAST ONE OTHER PARTY FOR SUCH OFFICE. WHERE
THERE IS SUCH A CONTEST, THE AUTHORIZED COMMITTEE OF AN UNOPPOSED CANDI-
DATE FOR NOMINATION MAY RECEIVE ONE-HALF  OF  THE  PAYMENT  PROVIDED  IN
SUBDIVISION  TWO OF THIS SECTION, PROVIDED THAT SUCH CANDIDATE OTHERWISE
QUALIFIES PURSUANT TO THE PROVISIONS OF THIS  TITLE.  SUCH  PAYMENT  MAY
ONLY  BE EXPENDED FOR PROPERTY, SERVICES OR FACILITIES USED ON OR BEFORE
THE DATE OF SUCH PRIMARY.
  4. THE TOTAL PAYMENTS FROM THE FUND RECEIVED BY THE AUTHORIZED COMMIT-
TEE OF ANY CANDIDATE, WHEN ADDED TO THE TOTAL OF CONTRIBUTIONS  RECEIVED
BY  SUCH  CANDIDATE  AND  SUCH CANDIDATE'S AUTHORIZED COMMITTEE, MAY NOT

S. 3253                             7

EXCEED THE AMOUNT WHICH MAY BE EXPENDED BY SUCH  CANDIDATE  PURSUANT  TO
THE PROVISIONS OF THIS TITLE.
  5. THE STATE BOARD SHALL PROMPTLY EXAMINE ALL REPORTS OF CONTRIBUTIONS
TO DETERMINE THAT, ON THEIR FACE, THEY MEET THE REQUIREMENTS FOR MATCHA-
BLE CONTRIBUTIONS, AND SHALL KEEP A RECORD OF SUCH CONTRIBUTIONS.
  6.  THE STATE BOARD SHALL PROMULGATE REGULATIONS FOR THE CERTIFICATION
FOR APPROVAL OF PAYMENT BY THE NEW YORK STATE DELEGATE TO THE  CONSTITU-
TIONAL  CONVENTION  CAMPAIGN FINANCE FUND PURSUANT TO SECTION EIGHTY-ONE
OF THE STATE FINANCE LAW OF THE SUM OF PUBLIC FUNDS THAT SUCH  CANDIDATE
HAS QUALIFIED TO RECEIVE FROM THE NEW YORK STATE DELEGATE TO THE CONSTI-
TUTIONAL  CONVENTION  CAMPAIGN  FINANCE  FUND.   THESE REGULATIONS SHALL
INCLUDE THE PROMULGATION AND DISTRIBUTION OF  FORMS  ON  WHICH  CONTRIB-
UTIONS  AND  EXPENDITURES  ARE  TO BE REPORTED, THE PERIODS DURING WHICH
SUCH REPORTS MUST BE FILED AND  THE  VERIFICATION  REQUIRED.  THE  STATE
BOARD  SHALL  ENDEAVOR  TO INSTITUTE PROCEDURES WHICH WILL MAKE POSSIBLE
PAYMENT BY THE NEW YORK STATE DELEGATE TO THE CONSTITUTIONAL  CONVENTION
CAMPAIGN  FINANCE  FUND  WITHIN  FOUR BUSINESS DAYS AFTER RECEIPT OF THE
REQUIRED FORMS AND VERIFICATIONS.
  S 14-208. CONTRIBUTION AND RECEIPT LIMITATIONS. 1. THE FOLLOWING LIMI-
TATIONS APPLY TO ALL CONTRIBUTIONS FOR THOSE OFFICES  FOR  WHICH  PUBLIC
FUNDS ARE AVAILABLE PURSUANT TO THE PROVISIONS OF THIS TITLE AND SECTION
EIGHTY-ONE OF THE STATE FINANCE LAW:
  (A) IN ANY PRIMARY OR GENERAL ELECTION FOR A PUBLIC OFFICE TO BE VOTED
ON BY THE VOTERS OF THE ENTIRE STATE, NO CONTRIBUTOR MAY MAKE A CONTRIB-
UTION  TO  ANY  CANDIDATE  OR  AUTHORIZED COMMITTEE, AND NO CANDIDATE OR
AUTHORIZED COMMITTEE MAY ACCEPT ANY CONTRIBUTION FROM  ANY  CONTRIBUTOR,
WHICH, IN THE AGGREGATE AMOUNT, IS GREATER THAN FOUR THOUSAND DOLLARS. A
CANDIDATE  FOR DELEGATE-AT-LARGE TO A CONVENTION TO REVISE AND AMEND THE
STATE CONSTITUTION IN A GENERAL ELECTION WHO HAS ELECTED TO  PARTICIPATE
IN  THE  OPTIONAL  PUBLIC  FINANCING PROVISIONS OF THIS TITLE MAY ACCEPT
FROM ONE OR MORE OF THE PARTY COMMITTEES OR  CONSTITUTED  COMMITTEES  OF
ALL THE PARTIES WHICH HAVE NOMINATED SUCH CANDIDATE, AN AMOUNT WHICH, IN
THE  AGGREGATE,  DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS.  A CANDI-
DATE FOR DELEGATE-AT-LARGE TO A CONVENTION TO REVISE AND AMEND THE STATE
CONSTITUTION IN A GENERAL ELECTION WHO HAS ELECTED NOT TO PARTICIPATE IN
SUCH OPTIONAL PUBLIC FINANCING MAY ACCEPT FROM SUCH PARTY OR CONSTITUTED
COMMITTEE AN AMOUNT, WHICH IN THE AGGREGATE, DOES NOT EXCEED FIFTY THOU-
SAND DOLLARS.
  (B) IN ANY PRIMARY OR GENERAL ELECTION  FOR  DISTRICT  DELEGATE  TO  A
CONVENTION  TO  REVISE  AND AMEND THE STATE CONSTITUTION, NO CONTRIBUTOR
MAY MAKE A CONTRIBUTION TO ANY CANDIDATE OR AUTHORIZED COMMITTEE, AND NO
CANDIDATE OR AUTHORIZED COMMITTEE MAY ACCEPT ANY CONTRIBUTION  FROM  ANY
CONTRIBUTOR,  WHICH,  IN THE AGGREGATE AMOUNT, IS GREATER THAN ONE THOU-
SAND FIVE HUNDRED DOLLARS, EXCEPT THAT A CANDIDATE FOR DISTRICT DELEGATE
TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION IN A  GENERAL
ELECTION WHO HAS ELECTED TO PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING
PROVISIONS  OF  THIS  TITLE OR SUCH CANDIDATE'S AUTHORIZED COMMITTEE MAY
ACCEPT FROM ONE OR MORE OF THE PARTY OR CONSTITUTED COMMITTEES OF ALL OF
THE PARTIES WHICH HAVE NOMINATED SUCH CANDIDATE, AN AMOUNT WHICH IN  THE
AGGREGATE  DOES  NOT  EXCEED  FIFTY  THOUSAND  DOLLARS.  A CANDIDATE FOR
DISTRICT DELEGATE TO A CONVENTION TO REVISE AND AMEND THE STATE  CONSTI-
TUTION  WHO  HAS  ELECTED  NOT  TO  PARTICIPATE  IN SUCH OPTIONAL PUBLIC
FINANCING MAY ACCEPT FROM SUCH PARTY OR CONSTITUTED COMMITTEES AN AMOUNT
WHICH, IN THE AGGREGATE, DOES NOT EXCEED THIRTY THOUSAND DOLLARS.
  (C) HOWEVER, IF ANY CANDIDATE ELECTS NOT TO ACCEPT SUCH  PUBLIC  FUNDS
AND  SUCH  CANDIDATE  AND SUCH CANDIDATE'S AUTHORIZED COMMITTEE SPEND OR

S. 3253                             8

CONTRACT OR OBLIGATE TO SPEND, OR RECEIVE IN LOANS OR CONTRIBUTIONS,  AN
AMOUNT  EXCEEDING  ONE-THIRD  OF  THE  EXPENDITURE LIMIT FOR SUCH OFFICE
FIXED BY THIS TITLE FOR CANDIDATES  WHO  HAVE  ELECTED  TO  ACCEPT  SUCH
PUBLIC  FUNDS, CONTRIBUTORS TO THOSE CANDIDATES FOR SUCH OFFICE WHO HAVE
ELECTED TO RECEIVE PUBLIC FUNDS SHALL BE ALLOWED TO CONTRIBUTE AND  SUCH
CANDIDATES  OR AUTHORIZED COMMITTEES SHALL BE ALLOWED TO ACCEPT CONTRIB-
UTIONS FROM ANY CONTRIBUTOR, WHICH, IN  THE  AGGREGATE,  ARE  TWICE  THE
AMOUNT  WHICH  WOULD  OTHERWISE  BE ALLOWED BY PARAGRAPHS (A) AND (B) OF
THIS SUBDIVISION, WHICHEVER IS APPLICABLE. IF A CANDIDATE WHO ELECTS NOT
TO ACCEPT SUCH PUBLIC FUNDS, AND THE  AUTHORIZED  COMMITTEE  OF  SUCH  A
CANDIDATE  SPENDS  OR  CONTRACTS  OR  OBLIGATES TO SPEND, OR RECEIVES IN
LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING ONE-THIRD OF THE EXPENDITURE
LIMIT FOR SUCH OFFICE, SUCH CANDIDATE OR COMMITTEE MUST NOTIFY THE STATE
BOARD OF THAT FACT WITHIN FORTY-EIGHT HOURS BY EXPRESS MAIL.
  (D) SIXTY DAYS BEFORE AN ELECTION AT WHICH  A  BALLOT  QUESTION  WHICH
ASKS  THE  VOTERS  OF THE STATE IF THERE SHALL BE A CONVENTION TO REVISE
AND AMEND THE STATE CONSTITUTION IS ON THE BALLOT, THE STATE BOARD SHALL
DETERMINE THE PERCENTAGE DIFFERENCE BETWEEN THE  MOST  RECENT  AVAILABLE
MONTHLY  CONSUMER  PRICE  INDEX FOR ALL URBAN CONSUMERS PUBLISHED BY THE
UNITED STATES BUREAU OF LABOR STATISTICS AND SUCH CONSUMER  PRICE  INDEX
PUBLISHED FOR THE SAME MONTH AT THE END OF TWO THOUSAND ONE.  THE AMOUNT
OF  EACH  CONTRIBUTION LIMIT FIXED IN THIS SUBDIVISION SHALL BE ADJUSTED
BY THE AMOUNT OF SUCH PERCENTAGE DIFFERENCE TO THE CLOSEST  ONE  HUNDRED
DOLLARS  BY  THE  STATE  BOARD, WHICH SHALL FORTHWITH ISSUE A REGULATION
SETTING FORTH THE AMOUNT OF EACH SUCH CONTRIBUTION LIMIT.  EACH CONTRIB-
UTION LIMIT AS SO ADJUSTED SHALL BE THE CONTRIBUTION LIMIT IN EFFECT FOR
ANY ELECTION HELD BEFORE THE NEXT SUCH ADJUSTMENT.
  2. A COMMITTEE WHICH HAS BEEN AUTHORIZED BY A PERSON WHO IS  A  CANDI-
DATE  FOR  DELEGATE-AT-LARGE  OR  DISTRICT  DELEGATE  TO A CONVENTION TO
REVISE AND AMEND THE STATE CONSTITUTION IN CONNECTION WITH SUCH PERSON'S
CANDIDACY FOR ANOTHER OFFICE OR POSITION MAY NOT BE  DESIGNATED  AS  THE
AUTHORIZED  COMMITTEE FOR THE ELECTION FOR DELEGATE-AT-LARGE OR DISTRICT
DELEGATE TO THE CONVENTION TO REVISE AND AMEND THE  STATE  CONSTITUTION.
SUCH COMMITTEE MAY NOT CONTRIBUTE TO SUCH CANDIDATE AND SUCH CANDIDATE'S
AUTHORIZED  COMMITTEE  FOR  THE  OFFICE OF DELEGATE-AT-LARGE OR DISTRICT
DELEGATE TO A CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION  ANY
MORE  THAN  THE  CONTRIBUTION  LIMIT FOR SUCH OFFICE ESTABLISHED BY THIS
TITLE, NOR SHALL SUCH OTHER AUTHORIZED COMMITTEE TRANSFER ANY  MONEY  OR
THING  OF  VALUE  TO  SUCH CANDIDATE OR THE COMMITTEE AUTHORIZED BY SUCH
CANDIDATE FOR THE ELECTION FOR DELEGATE-AT-LARGE OR DISTRICT DELEGATE TO
A CONVENTION TO REVISE AND AMEND THE STATE CONSTITUTION.
  3. EXCEPT FOR THE LIMITATIONS SPECIFICALLY SET FORTH IN THIS  SECTION,
SUCH  ELIGIBLE  CANDIDATES SHALL BE SUBJECT TO THE PROVISIONS OF SECTION
14-114 OF THIS ARTICLE.
  S 14-210. EXPENDITURE LIMITATIONS. 1. THE FOLLOWING LIMITATIONS  APPLY
TO  ALL EXPENDITURES BY ELIGIBLE CANDIDATES AND THEIR AUTHORIZED COMMIT-
TEES RECEIVING PUBLIC FUNDS PURSUANT TO THE PROVISIONS OF THIS TITLE AND
SECTION EIGHTY-ONE OF THE STATE FINANCE LAW.
  2. (A) IN ANY PRIMARY ELECTION, EXPENDITURES  BY  ELIGIBLE  CANDIDATES
FOR  DELEGATE-AT-LARGE  TO  A  CONVENTION  TO REVISE AND AMEND THE STATE
CONSTITUTION AND THEIR AUTHORIZED COMMITTEES, INCLUDING EXPENDITURES FOR
NOMINATION TO ANY OTHER OFFICE OR POSITION FOR WHICH SUCH  PERSON  IS  A
CANDIDATE  AT  SUCH  ELECTION,  SHALL NOT EXCEED THE SUM OF SEVENTY-FIVE
CENTS FOR EACH VOTER ENROLLED IN THE CANDIDATE'S PARTY IN THE STATE,  OR
TWO  HUNDRED  FIFTY THOUSAND DOLLARS, WHICHEVER IS GREATER, AND EXPENDI-
TURES BY ELIGIBLE CANDIDATES FOR DISTRICT DELEGATE TO  A  CONVENTION  TO

S. 3253                             9

REVISE  AND AMEND THE STATE CONSTITUTION AND THEIR AUTHORIZED COMMITTEES
SHALL NOT EXCEED THE SUM OF ONE DOLLAR AND SEVENTY-FIVE CENTS  FOR  EACH
VOTER  ENROLLED  IN  THE CANDIDATE'S PARTY IN THE DISTRICT IN WHICH SUCH
CANDIDATE IS A CANDIDATE AS DETERMINED BY THE RECORDS OF THE APPROPRIATE
BOARD  OR  BOARDS  OF ELECTION AS OF THE LAST GENERAL ELECTION PRECEDING
THE PRIMARY ELECTION, OR FIFTEEN THOUSAND DOLLARS, WHICHEVER IS GREATER.
HOWEVER, SUCH  EXPENDITURES  SHALL  NOT  EXCEED  FIVE  HUNDRED  THOUSAND
DOLLARS  IN  A PRIMARY ELECTION FOR DELEGATE-AT-LARGE TO A CONVENTION TO
REVISE AND AMEND THE STATE CONSTITUTION, AND THIRTY THOUSAND DOLLARS  IN
A  PRIMARY  ELECTION FOR DISTRICT DELEGATE TO A CONVENTION TO REVISE AND
AMEND THE STATE CONSTITUTION.
  (B) IN ANY GENERAL ELECTION, EXPENDITURES BY ELIGIBLE  CANDIDATES  FOR
THE FOLLOWING OFFICES AND THEIR DESIGNATED COMMITTEES, INCLUDING EXPEND-
ITURES  FOR  ELECTION  TO  ANY  OTHER  OFFICE FOR WHICH SUCH PERSON IS A
CANDIDATE AT SUCH ELECTION, SHALL NOT EXCEED THE FOLLOWING AMOUNTS:

FOR A CANDIDATE FOR:

DELEGATE-AT-LARGE
TO A CONVENTION TO REVISE AND
AMEND THE STATE CONSTITUTION       $1,500,000

DISTRICT DELEGATE
TO A CONVENTION TO REVISE AND
AMEND THE STATE CONSTITUTION       $150,000

  (C) HOWEVER, IF ANY CANDIDATE ELECTS NOT TO ACCEPT SUCH  PUBLIC  FUNDS
AND  SUCH  CANDIDATE  AND SUCH CANDIDATE'S AUTHORIZED COMMITTEE SPEND OR
CONTRACT OR OBLIGATE TO SPEND, OR RECEIVE IN LOANS OR CONTRIBUTIONS,  AN
AMOUNT  EXCEEDING  ONE-THIRD  OF  THE  EXPENDITURE LIMIT FOR SUCH OFFICE
FIXED BY PARAGRAPH (A) OR (B) OF THIS SUBDIVISION, WHICHEVER IS APPLICA-
BLE, FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT SUCH PUBLIC FUNDS,  THERE
SHALL  BE  NO EXPENDITURE LIMIT FOR THOSE CANDIDATES FOR SUCH OFFICE WHO
HAVE ELECTED TO RECEIVE PUBLIC FUNDS. IF A CANDIDATE WHO ELECTS  NOT  TO
ACCEPT  SUCH PUBLIC FUNDS, AND SUCH CANDIDATE AND THE AUTHORIZED COMMIT-
TEE OF SUCH A CANDIDATE SPENDS OR CONTRACTS OR OBLIGATES  TO  SPEND,  OR
RECEIVES IN LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING ONE-THIRD OF THE
EXPENDITURE  LIMIT  FOR  SUCH  OFFICE,  SUCH CANDIDATE OR COMMITTEE MUST
NOTIFY THE STATE BOARD OF THAT FACT WITHIN FORTY-EIGHT HOURS BY  EXPRESS
MAIL.
  (D)  CANDIDATES  FOR  OFFICE WHO ARE UNOPPOSED IN THE PRIMARY ELECTION
MAY EXPEND BEFORE THE  PRIMARY  ELECTION,  FOR  SERVICES,  MATERIALS  OR
FACILITIES  USED  ON  OR  BEFORE  THE  DATE OF SUCH PRIMARY ELECTION, AN
AMOUNT EQUAL TO HALF THE SUM SUCH CANDIDATES WOULD BE ENTITLED TO  SPEND
IF  THEIR  NOMINATION  WAS  CONTESTED IN SUCH PRIMARY ELECTION; PROVIDED
THAT THERE IS A CONTEST IN SUCH PRIMARY FOR THE NOMINATION OF  AT  LEAST
ONE OTHER PARTY FOR SUCH OFFICE.
  (E) EXPENDITURES FOR LEGAL FEES AND EXPENSES TO DEFEND THE VALIDITY OF
PETITIONS  OF  DESIGNATION  OR NOMINATION OR CERTIFICATES OF NOMINATION,
ACCEPTANCE, AUTHORIZATION, DECLINATION OR SUBSTITUTION, OR TO  CHALLENGE
SUCCESSFULLY,  ANY  SUCH PETITION OR CERTIFICATE ON GROUNDS OF FRAUD AND
FOR EXPENSES INCURRED TO COMPLY  WITH  THE  CAMPAIGN  FINANCE  REPORTING
REQUIREMENTS  OF  THIS  ARTICLE  SHALL NOT BE SUBJECT TO THE EXPENDITURE
LIMITS OF THIS SUBDIVISION.
  (F) NOTWITHSTANDING ANY EXPENDITURE LIMIT IN  THIS  SUBDIVISION,  EACH
COUNTY  COMMITTEE OF ANY PARTY WHICH NOMINATES A CANDIDATE FOR STATEWIDE

S. 3253                            10

OFFICE, INCLUDING ANY SUBCOMMITTEES OF SUCH A COMMITTEE, MAY  EXPEND  IN
SUPPORT  OF  EACH  SUCH CANDIDATE FOR STATEWIDE OFFICE OF SUCH PARTY WHO
HAS AGREED TO ACCEPT PUBLIC FINANCING, AN AMOUNT WHICH SHALL NOT  EXCEED
THE  SUM OF TWO CENTS FOR EACH VOTER REGISTERED IN SUCH COUNTY AS DETER-
MINED BY THE RECORDS OF THE APPROPRIATE BOARD OF  ELECTIONS  AS  OF  THE
PRECEDING GENERAL ELECTION.
  (G)  SIXTY  DAYS  BEFORE  AN ELECTION AT WHICH A BALLOT QUESTION WHICH
ASKS THE VOTERS OF THE STATE IF THERE SHALL BE A  CONVENTION  TO  REVISE
AND AMEND THE STATE CONSTITUTION IS ON THE BALLOT, THE STATE BOARD SHALL
DETERMINE  THE  PERCENTAGE  DIFFERENCE BETWEEN THE MOST RECENT AVAILABLE
MONTHLY CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS  PUBLISHED  BY  THE
UNITED  STATES  BUREAU OF LABOR STATISTICS AND SUCH CONSUMER PRICE INDEX
PUBLISHED AT THE END OF TWO THOUSAND ONE. THE AMOUNT OF EACH EXPENDITURE
LIMIT FIXED IN THIS SUBDIVISION SHALL BE ADJUSTED BY THE AMOUNT OF  SUCH
PERCENTAGE  DIFFERENCE  TO THE CLOSEST ONE THOUSAND DOLLARS BY THE STATE
BOARD, WHICH SHALL FORTHWITH ISSUE A REGULATION SETTING FORTH THE AMOUNT
OF EACH SUCH CONTRIBUTION LIMIT. EACH CONTRIBUTION LIMIT AS SO  ADJUSTED
SHALL  BE  THE CONTRIBUTION LIMIT IN EFFECT FOR ANY ELECTION HELD BEFORE
THE NEXT SUCH ADJUSTMENT.
  3. IN COMPUTING THE AGGREGATE AMOUNT EXPENDED  FOR  PURPOSES  OF  THIS
SECTION,  EXPENDITURES  MADE  BY A COMMITTEE IN SUPPORT OF MORE THAN ONE
CANDIDATE SHALL BE ALLOCATED AMONG  SUCH  CANDIDATES  SUPPORTED  BY  THE
COMMITTEE IN ACCORDANCE WITH FORMULAS PROMULGATED BY THE STATE BOARD OR,
IN THE ABSENCE OF SUCH OFFICIAL FORMULAS, IN ACCORDANCE WITH ANY FORMULA
BASED  UPON REASONABLE STANDARDS. THE STATEMENTS FILED BY SUCH COMMITTEE
IN ACCORDANCE WITH THIS CHAPTER SHALL SET  FORTH,  IN  ADDITION  TO  THE
OTHER  INFORMATION  REQUIRED, THE TOTAL AMOUNT EXPENDED BY THE COMMITTEE
ON BEHALF OF ALL SUCH CANDIDATES AND THE AMOUNT ALLOCATED TO EACH CANDI-
DATE BY DOLLAR AMOUNT AND PERCENTAGE.  EXPENDITURES BY A STATE OR  OTHER
COMMITTEE  OF  A  POLITICAL PARTY FOR ACTIVITIES WHICH DO NOT SUPPORT OR
OPPOSE THE ELECTION OF ANY CANDIDATE OR CANDIDATES BY NAME OR  BY  CLEAR
INFERENCE SHALL NOT BE REGARDED AS EXPENDITURES ON BEHALF OF OR IN OPPO-
SITION TO A CANDIDATE.
  S  14-212.  EXAMINATIONS  AND  AUDITS;  REPAYMENTS. 1. THE STATE BOARD
SHALL CONDUCT A THOROUGH EXAMINATION AND AUDIT OF THE CONTRIBUTIONS  AND
QUALIFIED  CAMPAIGN EXPENSES OF THE AUTHORIZED COMMITTEE OF EVERY ELIGI-
BLE CANDIDATE WHO RECEIVED PAYMENTS PURSUANT TO SECTION 14-206  OF  THIS
TITLE.
  2.  (A)  IF THE STATE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT
MADE TO SUCH AUTHORIZED COMMITTEE FROM THE FUND WAS  IN  EXCESS  OF  THE
AGGREGATE  AMOUNT OF PAYMENTS TO WHICH SUCH ELIGIBLE CANDIDATE WAS ENTI-
TLED PURSUANT TO SECTION 14-206 OF THIS  TITLE,  IT  SHALL  NOTIFY  SUCH
COMMITTEE,  AND  SUCH  COMMITTEE  SHALL PAY TO THE STATE BOARD AN AMOUNT
EQUAL TO THE AMOUNT OF EXCESS PAYMENTS.
  (B) IF THE STATE BOARD DETERMINES THAT ANY AMOUNT OF PAYMENT  MADE  TO
AN  AUTHORIZED COMMITTEE OF AN ELIGIBLE CANDIDATE FROM THE FUND WAS USED
FOR PURPOSES OTHER THAN TO DEFRAY QUALIFIED CAMPAIGN EXPENSES, IT  SHALL
NOTIFY THE SAID AUTHORIZED COMMITTEE OF THE AMOUNT DISQUALIFIED, AND THE
SAID  AUTHORIZED  COMMITTEE SHALL PAY TO THE STATE BOARD AN AMOUNT EQUAL
TO SUCH DISQUALIFIED AMOUNT.
  (C) IF THE TOTAL OF CONTRIBUTIONS AND PAYMENTS FROM THE FUND  RECEIVED
BY  ANY  CANDIDATE AND SUCH CANDIDATE'S AUTHORIZED COMMITTEE EXCEEDS THE
CAMPAIGN EXPENDITURES OF SUCH CANDIDATE AND  COMMITTEE,  SUCH  CANDIDATE
AND  COMMITTEE  SHALL  USE  SUCH  EXCESS FUNDS TO REIMBURSE THE FUND FOR
PAYMENTS RECEIVED BY SUCH COMMITTEE FROM THE FUND  NOT  LATER  THAN  TEN
DAYS  AFTER  ALL  LIABILITIES HAVE BEEN PAID AND IN ANY EVENT, NOT LATER

S. 3253                            11

THAN MARCH THIRTY-FIRST OF THE YEAR FOLLOWING THE YEAR OF  THE  ELECTION
FOR  WHICH  SUCH  PAYMENTS  WERE INTENDED. NO SUCH EXCESS FUNDS SHALL BE
USED FOR ANY OTHER PURPOSE, UNLESS THE TOTAL AMOUNT DUE  THE  FUND  FROM
SUCH CANDIDATE AND COMMITTEE HAS BEEN REPAID.
  3. IF A COURT OF COMPETENT JURISDICTION DISQUALIFIES A CANDIDATE WHOSE
AUTHORIZED  COMMITTEE HAS RECEIVED PUBLIC FUNDS ON THE GROUNDS THAT SUCH
CANDIDATE COMMITTED FRAUDULENT ACTS IN ORDER TO OBTAIN A  PLACE  ON  THE
BALLOT  AND SUCH DECISION IS NOT REVERSED BY A HIGHER COURT, SUCH CANDI-
DATE AND SUCH CANDIDATE'S AUTHORIZED COMMITTEE SHALL PAY  TO  THE  STATE
BOARD  AN  AMOUNT  EQUAL  TO  THE TOTAL OF PUBLIC FUNDS RECEIVED BY SUCH
AUTHORIZED COMMITTEE.
  4. ALL PAYMENTS RECEIVED BY THE STATE BOARD PURSUANT TO  THIS  SECTION
SHALL  BE DEPOSITED IN THE NEW YORK STATE DELEGATE TO THE CONSTITUTIONAL
CONVENTION CAMPAIGN FINANCE FUND.
  S 14-214. PENALTIES. 1. ANY PERSON WHO KNOWINGLY AND  WILLFULLY  FAILS
TO  FILE  A STATEMENT REQUIRED TO BE FILED BY THIS TITLE OR THE RULES OR
REGULATIONS OF THE STATE BOARD IN  IMPLEMENTATION  THEREOF  WITHIN  FIVE
DAYS  AFTER  THE  DATE PROVIDED FOR FILING SUCH STATEMENT, OR ANY PERSON
WHO KNOWINGLY AND WILLFULLY VIOLATES ANY OTHER PROVISION OF  THIS  TITLE
OR  OF  SECTION EIGHTY-ONE OF THE STATE FINANCE LAW SHALL BE GUILTY OF A
CLASS A MISDEMEANOR, UNLESS A GREATER PENALTY IS SPECIFICALLY PRESCRIBED
IN ANOTHER APPLICABLE STATUTE.
  2. ANY PERSON WHO KNOWINGLY AND WILLFULLY CONTRIBUTES  OR  EXPENDS  OR
AIDS  OR  PARTICIPATES IN THE CONTRIBUTION OR EXPENDITURE OF FUNDS IN AN
AMOUNT EXCEEDING AN APPLICABLE MAXIMUM SPECIFIED IN THIS TITLE,  OR  WHO
KNOWINGLY  AND  WILLFULLY ACCEPTS OR AIDS OR PARTICIPATES IN THE ACCEPT-
ANCE OF A CONTRIBUTION IN AN  AMOUNT  EXCEEDING  AN  APPLICABLE  MAXIMUM
SPECIFIED IN THIS TITLE SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  3.  ANY  PERSON  WHO  KNOWINGLY  AND  WILLFULLY NEGLECTS OR REFUSES TO
FURNISH ANY INFORMATION REQUIRED OR  AUTHORIZED  BY  THIS  TITLE  OR  BY
SECTION  EIGHTY-ONE  OF  THE  STATE  FINANCE LAW, OR TO EXHIBIT RECORDS,
PAPERS OR DOCUMENTS AUTHORIZED BY THIS TITLE OR BY SECTION EIGHTY-ONE OF
THE STATE FINANCE LAW TO BE INSPECTED OR WHICH ARE REQUIRED TO BE EXHIB-
ITED, SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  4. ANY PERSON WHO KNOWINGLY AND WILLFULLY EXPENDS OR AIDS  OR  PARTIC-
IPATES  IN  THE  EXPENDITURE OF FUNDS FOR A PURPOSE OR IN A MANNER WHICH
VIOLATES THE PROVISIONS OF THIS TITLE, OR WHICH VIOLATES THE  PROVISIONS
OF  SECTION  EIGHTY-ONE  OF  THE STATE FINANCE LAW, SHALL BE GUILTY OF A
CLASS A MISDEMEANOR.
  5. ANY PERSON WHO KNOWINGLY AND WILLFULLY FAILS TO RETURN OR  AIDS  OR
PARTICIPATES  IN  THE FAILURE TO RETURN TO THE STATE BOARD OR TO THE NEW
YORK STATE DELEGATE TO THE CONSTITUTIONAL  CONVENTION  CAMPAIGN  FINANCE
FUND ANY FUNDS REQUIRED TO BE RETURNED TO SUCH BOARD OR FUND PURSUANT TO
THE  PROVISIONS OF THIS TITLE OR SECTION EIGHTY-ONE OF THE STATE FINANCE
LAW SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  6. ANY PERSON  WHO  FURNISHES  ANY  FALSE,  FICTITIOUS  OR  FRAUDULENT
EVIDENCE,  BOOKS  OR  INFORMATION  TO THE STATE BOARD OF ELECTIONS UNDER
THIS TITLE OR  INCLUDES  IN  ANY  EVIDENCE,  BOOKS,  OR  INFORMATION  SO
FURNISHED  ANY  MISREPRESENTATION  OF  A  MATERIAL FACT, OR FALSIFIES OR
CONCEALS ANY EVIDENCE, BOOKS, OR INFORMATION RELEVANT TO  ANY  AUDIT  BY
THE  STATE  BOARD  OF  ELECTIONS OR KNOWINGLY AND WILLFULLY VIOLATES ANY
OTHER PROVISION OF THIS TITLE OR OF  SECTION  EIGHTY-ONE  OF  THE  STATE
FINANCE LAW SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  7. THE ATTORNEY GENERAL SHALL BE PRIMARILY RESPONSIBLE FOR INSTITUTING
AND  CONDUCTING  PROSECUTIONS  UNDER  THIS  SECTION.  IN SUCH CASES, THE
ATTORNEY GENERAL OR THE ATTORNEY GENERAL'S DEPUTY SHALL EXERCISE ALL THE

S. 3253                            12

POWERS AND PERFORM ALL THE DUTIES  WHICH  THE  DISTRICT  ATTORNEY  WOULD
OTHERWISE BE AUTHORIZED OR REQUIRED TO EXERCISE OR PERFORM; WHENEVER ANY
SUCH  PROSECUTION  IS  INSTITUTED  BY THE ATTORNEY GENERAL, THE DISTRICT
ATTORNEY  SHALL ONLY EXERCISE SUCH POWERS AND PERFORM SUCH DUTIES AS ARE
REQUIRED OF THE DISTRICT ATTORNEY BY THE ATTORNEY GENERAL OR THE  DEPUTY
ATTORNEY  GENERAL.  UNTIL  AND  UNLESS  THE  ATTORNEY  GENERAL EXERCISES
AUTHORITY UNDER THIS SECTION, AN OTHERWISE AUTHORIZED DISTRICT  ATTORNEY
MAY INSTITUTE AND CONDUCT A PROSECUTION UNDER THIS SECTION.
  8.  WHENEVER  THE  ATTORNEY  GENERAL IS AUTHORIZED UNDER THIS TITLE TO
PROSECUTE A CRIMINAL PROCEEDING ON BEHALF OF THE STATE BOARD, THE ATTOR-
NEY GENERAL SHALL HAVE THE  DISCRETION  TO  DELEGATE  THE  AUTHORITY  TO
INITIATE OR CONDUCT ANY SUCH PROSECUTION TO THE STATE BOARD.
  S 14-216. CIVIL PENALTIES. 1. ANY PERSON WHO FAILS TO FILE A STATEMENT
OR RECORD REQUIRED TO BE FILED BY THIS TITLE OR THE RULES OR REGULATIONS
OF THE STATE BOARD IN IMPLEMENTATION THEREOF SHALL BE SUBJECT TO A CIVIL
PENALTY,  NOT  IN EXCESS OF ONE THOUSAND DOLLARS, TO BE RECOVERABLE IN A
CIVIL ACTION BROUGHT BY THE STATE BOARD.
  2. IF THE AGGREGATE AMOUNT OF EXPENDITURES BY  A  CANDIDATE  AND  SUCH
CANDIDATE'S  AUTHORIZED  COMMITTEE  EXCEEDS  THE EXPENDITURE LIMITATIONS
CONTAINED IN THIS TITLE, SUCH CANDIDATE SHALL  BE  LIABLE  FOR  A  CIVIL
PENALTY IN AN AMOUNT EQUAL TO THREE TIMES THE SUM BY WHICH SUCH EXPENDI-
TURES EXCEED THE PERMITTED AMOUNT.
  S  7. Paragraphs (ix) and (x) of subdivision (c) of section 1-c of the
legislative law, as added by chapter 1 of the laws of 2005, are  amended
and a new paragraph (xi) is added to read as follows:
  (ix)  the adoption or rejection of any rule, regulation, or resolution
having the force and effect of a local law,  ordinance,  resolution,  or
regulation; [or]
  (x)  the  outcome of any rate making proceeding by any municipality or
subdivision thereof[.]; OR
  (XI) THE ACTION OR INACTION OF A DELEGATE TO A CONSTITUTIONAL  CONVEN-
TION.
  S  8. Section 1-f of the legislative law, as added by chapter 2 of the
laws of 1999, is  amended to read as follows:
  S 1-f. [Monthly registration] REGISTRATION docket. 1.  MONTHLY  REGIS-
TRATION  DOCKET.  It  shall  be  the duty of the commission to compile a
monthly docket of statements of registration containing all  information
required  by  section  one-e of this article.   Each such monthly docket
shall contain all statements of registration filed during such month and
all amendments to previously filed statements  of  registration.  Copies
shall be made available for public inspection.
  2. CONSTITUTIONAL CONVENTION DELEGATE CONTACT LOG.  FROM THE DATE UPON
WHICH  THE BOARD OF ELECTIONS CERTIFIES THE ELECTION OF DELEGATES TO THE
CONSTITUTIONAL CONVENTION TO THE DATE THE CONSTITUTIONAL  CONVENTION  IS
ADJOURNED,  EACH  LOBBYIST, AS DEFINED BY THIS ARTICLE, SHALL FILE A LOG
EACH WEEK OF ALL CONTACTS WITH DELEGATES TO THE  CONSTITUTIONAL  CONVEN-
TION.  SUCH  LOG OF THESE CONTACTS SHALL BE SUBMITTED TO THE COMMISSION.
THE COMMISSION SHALL MAINTAIN A WEEKLY DOCKET WHICH  SHALL  CONTAIN  ALL
LOGS,  COPIES OF WHICH SHALL BE OPEN AND AVAILABLE FOR INSPECTION BY THE
PUBLIC.
  S 9. Section 1-o of the legislative law is amended  by  adding  a  new
subdivision (e) to read as follows:
  (E) ANY PERSON WHO FAILS TO FILE ANY LOG OF CONTACTS WITH DELEGATES OF
THE  CONSTITUTIONAL  CONVENTION  AS  REQUIRED  BY  THIS ARTICLE SHALL BE
SUBJECT TO A CIVIL PENALTY, NOT IN EXCESS OF TWENTY-FIVE DOLLARS FOR THE
FIRST OFFENSE. ANY PERSON WHO KNOWINGLY AND WILLFULLY FAILS TO FILE  ANY

S. 3253                            13

LOG  OF  CONTACTS  WITH  DELEGATES  OF  THE CONSTITUTIONAL CONVENTION AS
REQUIRED BY THIS ARTICLE SHALL BE GUILTY OF A CLASS  A  MISDEMEANOR  FOR
THE SECOND OFFENSE AND EACH OFFENSE THEREAFTER.
  S  10.  The  opening  paragraph  of  paragraph (a) of subdivision 2 of
section 73-a of the public officers law, as amended by section 5 of part
A of chapter 399 of the laws of 2011, is amended to read as follows:
  Every statewide elected official, state officer or employee, member of
the legislature, DELEGATE TO A  CONSTITUTIONAL  CONVENTION,  legislative
employee  and political party chairman and every candidate for statewide
elected office or for member of the legislature OR  FOR  DELEGATE  TO  A
CONSTITUTIONAL  CONVENTION  shall  file an annual statement of financial
disclosure containing the information and  in  the  form  set  forth  in
subdivision three of this section. On or before the fifteenth day of May
with respect to the preceding calendar year:
  S  11.  The state finance law is amended by adding a new section 81 to
read as follows:
  S 81.  NEW  YORK  STATE  DELEGATE  TO  THE  CONSTITUTIONAL  CONVENTION
CAMPAIGN FINANCE FUND. 1. THERE IS HEREBY ESTABLISHED A SPECIAL FUND, TO
BE KNOWN AS THE NEW YORK STATE DELEGATE TO THE CONSTITUTIONAL CONVENTION
CAMPAIGN FINANCE FUND, IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND
THE COMMISSIONER OF TAXATION AND FINANCE. THE MONEYS IN SUCH FUND MAY BE
EXPENDED  BY  THE  STATE BOARD OF ELECTIONS ONLY AS PAYMENTS FOR PARTIC-
IPATING CANDIDATES IN ACCORDANCE WITH THE PROVISIONS  OF  TITLE  TWO  OF
ARTICLE FOURTEEN OF THE ELECTION LAW.
  2.  THE  FUND SHALL BE KEPT SEPARATE FROM ALL OTHER FUNDS AND SHALL BE
CREDITED WITH ALL SUMS APPROPRIATED  THEREFOR,  ANY  DONATIONS  RECEIVED
PURSUANT  TO  SUBDIVISION FIVE OF THIS SECTION AND ALL EARNINGS ACCRUING
ON SUCH FUNDS.
  3. AS SOON AS PRACTICABLE IN THE YEAR TWO THOUSAND ELEVEN AND IN  TIME
FOR  INCLUSION IN THE EXECUTIVE EXPENSE BUDGET IN EVERY YEAR THEREAFTER,
AND AT SUCH OTHER TIMES AS THE  STATE  BOARD  OF  ELECTIONS  SHALL  DEEM
NECESSARY,  SAID BOARD SHALL SUBMIT ITS ESTIMATE OF THE AMOUNT OF PUBLIC
FUNDS WHICH WILL BE NECESSARY TO PROVIDE CANDIDATES FOR DELEGATES TO THE
CONSTITUTIONAL CONVENTION SUFFICIENT FINANCING FOR ELECTIONS IN THE NEXT
YEAR IN WHICH ELECTIONS ARE SCHEDULED PURSUANT TO LAW, AND A RESERVE FOR
CONTINGENCIES. SUCH ESTIMATES SHALL BE SUBMITTED IN SUCH MANNER  AND  AT
SUCH  TIMES  AS TO ENSURE THAT SUCH AMOUNTS AS SHALL BE NECESSARY MAY BE
APPROPRIATED IN FULL BY THE BEGINNING OF THE FISCAL YEAR PRIOR  TO  THAT
IN  WHICH  ELECTIONS  ARE  SCHEDULED PURSUANT TO LAW AND THAT ADDITIONAL
AMOUNTS MAY BE APPROPRIATED AS NECESSARY.
  4. THE MONEYS IN SUCH FUND SHALL BE PAID TO  PARTICIPATING  CANDIDATES
BY  SAID  BOARD  UPON ITS CERTIFICATION THAT SUCH CANDIDATES QUALIFY FOR
SUCH FUNDS.
  5. SAID BOARD SHALL BE EMPOWERED TO ACCEPT DONATIONS TO BE CREDITED TO
THE FUND. SAID BOARD MAY DEVISE SUCH METHODS OF SOLICITING AND  COLLECT-
ING DONATIONS AS IT MAY DEEM FEASIBLE AND APPROPRIATE.
  S  12.  If  any  item,  clause,  sentence,  subparagraph, subdivision,
section, or any other part of this act, or the  application  thereof  to
any  person  or circumstances, is held to be invalid, such holding shall
not affect, impair, or invalidate the remainder  of  this  act,  of  the
application  of  such  section or part of a section held invalid, to any
other person or circumstances, but shall be confined in its operation to
the item, clause, sentence, subparagraph, subdivision, section, or other
part of this act directly involved in such holding, or to the person and
circumstances therein involved.

S. 3253                            14

  S 13. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law;  provided,  however,
that  the state commissioner of taxation and finance and the state comp-
troller may promulgate any rules, regulations and  forms  necessary  for
the  implementation  of section 81 of the state finance law, as added by
section eleven of this act on or before the effective date of this act.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.