senate Bill S4705

Amended

Enacts the "2014 Fair Elections Act"

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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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  • 18 / Apr / 2013
    • REFERRED TO ELECTIONS
  • 03 / May / 2013
    • AMEND AND RECOMMIT TO ELECTIONS
  • 03 / May / 2013
    • PRINT NUMBER 4705A
  • 08 / Jan / 2014
    • REFERRED TO ELECTIONS
  • 26 / Feb / 2014
    • AMEND (T) AND RECOMMIT TO ELECTIONS
  • 26 / Feb / 2014
    • PRINT NUMBER 4705B
  • 06 / May / 2014
    • AMEND AND RECOMMIT TO ELECTIONS
  • 06 / May / 2014
    • PRINT NUMBER 4705C

Summary

Enacts the "2014 fair elections act"; relates to providing for optional partial public financing of certain election campaigns in this state; relates to identification of the source of certain political contributions.

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Bill Details

Versions:
S4705
S4705A
S4705B
S4705C
Legislative Cycle:
2013-2014
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Amd El L, generally; add §359-gg, Gen Bus L; add §92-t, St Fin L; add §630-d, Tax L
Versions Introduced in 2011-2012 Legislative Cycle:
A9885D

Sponsor Memo

BILL NUMBER:S4705

TITLE OF BILL: An act to amend the election law, in relation to
enacting the "2013 Fair Elections Act"; to amend the election law, the
state finance law and the tax law, in relation to providing for
optional partial public financing of certain election campaigns in
this state; and to amend the general business law, in relation to
additional surcharges

SUBJECT AND PURPOSE:

To provide optional public financing of campaigns for statewide and
state legislative offices and constitutional convention delegates as
well as to provide for more disclosure of independent expenditures and
tougher enforcement of campaign finance laws.

SUMMARY AND DESCRIPTION OF PROVISIONS:

This bill concerns two integral issues of campaign finance reform in
New York State: optional public financing of certain elections and
enhanced disclosure of independent expenditures in elections.

The bill adds a new Title II to Article 14 to provide for public
financing of primary and general election campaigns for statewide
office, primary, general and special election campaigns for state
legislative office and primary and general election campaigns for
constitutional convention delegates.

In addition, the bill defines for the first time in New York law
"independent expenditures" and "express advocacy" to allow for greater
disclosure of outside money in campaigns for public office.

The bill further establishes an enforcement counsel in the new fair
elections board (within the state board of elections} who will be
responsible for all campaign finance enforcement and investigation.

OPTIONAL PUBLIC FINANCING OF ELECTIONS:

CRITERIA FOR PARTICIPATION:

To be eligible for public financing, a candidate for nomination or
election to a statewide office, state legislative office or as a
constitutional convention delegate must satisfy the legal requirements
for having his or her name on the ballot, elect to participate in the
public financing system, meet the threshold for eligibility and agree
to file required statements and authorize a single participating
committee.

ELIGIBILITY THRESHOLD:

Governor: Must collect not less than $650,000 from at least 6,500
matchable contributions made up of sums of up to $250 per individual
contributor who resides in New York State.

Lt. Governor (primary only), Attorney Gen, & Comptroller: Must collect
not less than $200,000 from at least 2,000 matchable contributions


made up of sums of up to $250 per individual contributor who resides
in New York State.

Senate: Must collect not less than $20,000 from at least 200 matchable
contributions made up of sums of up to $250 per individual contributor
who resides in New York State including at least $10,000 from at least
100 individual contributors who reside in the senate district, or in
any part of any county in the Senate district, in which the seat is to
be filled.

Assembly: Must collect not less than $10,000 from at least 100
matchable contributions made up of sums of up to $250 per individual
contributor who resides in New York State including at least $5,000
from at least 50 individual contributors who reside in the assembly
district, or in any part of any county in the Assembly district, in
which the seat is to be filled.

At-large Delegate to a Constitutional Convention: Must collect not
less than $20,000 from at least 200 matchable contributions made up of
sums of up to $250 per individual contributor who resides in New York
State.

District Delegate to a Constitutional Convention: Must collect not
less than $5,000 from at least 50 matchable contributions made up of
sums of up to $250 per individual contributor who resides in the
district, or any part of any county in the district, in which the seat
is to be filled.

MATCHABLE CONTRIBUTIONS:

Matchable contributions may be collected after January first of the
year of the primary or general election. For a special election, may
be collected up to six months before the election. Consist of the net
amount of contributions after deduction of the value of any food,
drink or entertainment provided in exchange for the contribution.
Only contributions from persons who reside in New York State are
matchable.

THE MATCH:

Eligible contributions up to $250 are matched at the rate of $6 for
every $1.

MISC. RULES:

To receive public funds for a. primary election, a participating
candidate must agree to receive public funding for the general
election.

Participating candidates who are unopposed in a primary election may
not receive public funds. Participating candidates are deemed
unopposed unless there is at least one other candidate, as defined by
§ 14-100(7) of the election law, in the race for the same office.

Participating candidates that are unopposed may raise private funds of
up to 50% of the expenditure limit if there is a contest in the


primary for at least one other party for such office. Such funds may
only be raised with contributions of up to $2000 per contributor.

Candidates who are challenged in a primary and who do not seek public
funds are not eligible for public funds for the general election.

Candidates who are unopposed in a general or special election may not
receive public funds.

PERMISSIBLE AND PROHIBITED USES OF PUBLIC FUNDS:

Public funds may be used only for qualified campaign expenditures
during the year of the primary or general election. For a special
election, such funds may only be used in the 3 months prior to the
election. They may not be used for expenditures in violation of law,
for payments to a candidate or to a relative of the candidate (or to
any business entity of which such a person is an officer or employee
or has a ten percent or greater ownership interest) in excess of the
fair market value for services rendered, for payments in excess of
fair market value, for any expenditure after the candidate or the
candidate's only remaining opponent has been disqualified (until and
unless reversed), to challenge an opponent's petitions or
certificates, for non-campaign related food, drink or entertainment,
or for gifts.

CONTRIBUTION LIMIT:

All candidates who choose to participate in the public financing
system have a contribution limit of $2,000 per contributor.

PUBLIC FUNDS RECEIPT LIMITS:

The following limits on public funds apply to all candidates who
participate in the public financing system:

General Election Primary

Governor $12,000,000 $9,000,000
Lt. Governor -- $6,000,000
Attorney General & Comptroller $8,000,000 Same as
Lt.Governor
State Senator $400,000 $350,000
Member of Assembly $200,000 $150,000
At-Large Delegate $350,000 $175,000
District Delegate $75,000 $50,000

NOTE: A participating candidate may raise unlimited amounts of private
money subject to the $2,000 per contributor limitation.

PARTY EXPENDITURES IN SUPPORT OF PARTICIPATING CANDIDATES

NOTWITHSTANDING THE EXPENDITURE LIMITS FOR PARTICIPATING CANDIDATES, A
STATE PARTY COMMITTEE MAY MAKE THE FOLLOWING EXPENDITURES FOR SERVICES
TO PARTICIPATING CANDIDATES THE PARTY HAS NOMINATED:

GOV AND LT. GOV. $2,500,000


ATT. GEN OR COMP. $1,000,000
SENATE $100,000
STATE ASSEMBLY $50,000
AT-LARGE DELEGATE $50,000
DISTRICT DELEGATE $10,000

* TRANSFERS TO A PARTICIPATING CANDIDATE MAY CONSTITUTE UP TO 25%- OF
SUCH PARTY EXPENDITURES.

ENFORCEMENT:

Enforcement of the new Title II as well as all other campaign finance
matters under article 14 will be handled by a newly created fair
elections board which will sit within the state board of elections.
The fair elections board will be comprised of five members. The
members of the board will be appointed as follows: one by the Governor
and one by each of the four legislative leaders.

The fair elections board will appoint an enforcement counsel who will
oversee and enforce all campaign finance laws, rules and regulations
on behalf of the fair elections board. The new enforcement counsel
will conduct investigations pursuant to article 14 of the election
law. All actions, rules and regulations issued by the fair elections
board are subject to review at the discretion of the state board of
elections.

DEBATES:

Participating candidates are required to participate in at least one
debate before the primary election and in at least one debate before
the general election for which the candidate receives public funds,
unless the participating candidate is running unopposed. A
non-participating candidate may be a party to such debates.

SOURCES OF FUNDING:

The bill provides for three separate sources of funding for the public
financing regime:

1) The bill provides an income tax check-off of $5. Such monies would
be paid into a separate fund, known as the New York State Campaign
Finance Fund. The taxpayers' tax liability would not be affected by
making this designation.

2) In addition, the bill imposes an additional 10% surcharge on
recoveries for fraudulent practices relating to stocks, bonds, other
securities as well as all other recoveries having to do with fraud by
the Attorney General.

3) If the state campaign finance fund lacks the money to pay all
properly certified claims, the deficiency will be paid from the
general fund.

PENALTIES:

CIVIL


*The failure to make proper campaign finance filings, as required by
Title II and rules and regulations promulgated thereunder, shall
subject the offender to a civil penalty of up to $5000.
*Any person or authorized committee who knowingly and willfully
violates any other provision of Title II or any regulations
promulgated thereunder shall subject the offender to a civil penalty
of up to $10,000.

CRIMINAL

*All prosecutions under Title II for criminal acts shall be prosecuted
by the Attorney General.

*The failure to make proper campaign finance filings, as required by
Title II within 10 days or anyone that willfully violates any other
provision of this title shall be guilty of a misdemeanor, and in
addition to such other penalties as may be provided by law, shall be
subject to a fine not to exceed the amount of $10,000.

*Any person who knowingly and willfully contributes, accepts or aids
or participates in the acceptance of a contribution in an amount
exceeding an applicable maximum specified in this article shall be
guilty of a misdemeanor and shall be subject to a fine not to exceed
the amount of $10,000.

*Any person who knowingly and willfully makes a false statement or
knowingly omits a material fact to the fair election board or an
auditor designated by the fair elections board during any audit
conducted pursuant to new section 14-214 of the Election Law shall be
guilty of a class E felony.

*In addition to any other sentence lawfully imposed upon a finding of
guilt in a criminal prosecution commenced under the provisions of this
bill, a court may order a defendant to repay to the fair elections
board any public matching funds obtained as a result of any criminal
conduct.

CAMPAIGN FINANCE DISCLOSURE

The bill adds a new subdivision 12 to § 14-100 and a new § 14-107 of
the Election Law to define "express advocacy" and "independent
expenditure", respectively.

The new definition of "express advocacy" captures, and subjects to
full disclosure under the Election Law, those entities that are
engaged in express advocacy activity which has heretofore not been
captured by the statute.

The new definition of "independent expenditure" expands the definition
of this term as recently adopted by the New York State Board of
Elections in its regulations. This new definition states that
independent expenditures also include references to "clearly
identified candidates" as set forth in the definition of "express
advocacy."

Communications between bonafide membership organizations and their
members as well as corporations and their shareholders are not


considered independent expenditures or campaign contributions under
this bill.

In addition, this bill defines "electioneering communications" as a
communication, to a general public audience (also defined in the bill)
which refers to a clearly identified candidate and is broadcast or
published within 60 days of a general election or 30 days of a primary
election.

This bill states that all independent expenditures costing more than
$1,000 shall clearly state the name of the person or organization
behind it and that such expenditure is not authorized by any candidate
or his or her agents. Such independent expenditures shall be reported
to the state board of elections.

Further, this bill requires than independent spenders who are entities
must disclose all contributions from other entities and all
contributions over $1,000 from individuals. The bill also includes
reporting exemptions for those contributions to independent spenders
which are explicitly earmarked for non-electoral purposes.

This bill also requires disclosure for "bundlers". Bundlers are those
individuals or organizations who aggregate a number of contributions
from others and deliver them to a candidate or a candidate's
authorized committee.

LEGISLATIVE HISTORY:

A9885-D of 2012 & A8902-A of 2009.

JUSTIFICATION:

This public financing bill provides a comprehensive yet balanced
approach to the public financing of political campaigns. It contains
significant but realistic limitations on expenditures and contribution
receipts, a means for recovering Public funds when they are unspent,
excessive or used for prohibited purposes, and penalties for
violations of the filing requirements or the expenditure limitations
for participants.

The "matching grant" structure of the program has several advantages.
It will reduce the amount of time a candidate must spend raising
money, leaving more time to address the issues that are important to
the public. The matching component allows fox participation by private
citizens throughout the campaign while also conserving resources by
ensuring that only candidates who can show substantial voter support
and face opposition will be eligible to receive public funds.

Overall, the bill strikes a balance that allows challengers and
incumbents to compete fairly while capping the amount of public funds
that will be expended:

FISCAL IMPLICATIONS:

There will be no cost in 2013. In 2014, there could be costs
associated with participating candidates seeking election to the
office of state comptroller. There would be no cost in 2013. In 2016,


there could be costs associated with participating candidates seeking
election to state legislative office. In 2018, there could be costs
associated with participating candidates seeking election to a
statewide office or as a constitutional delegate. Other states that
have public financing systems in place have had very low participation
rates at first with increasing participation in later elections. The
long term cost of the system in New York is unknown.

EFFECTIVE DATE:

This act takes effect immediately provided, however, that candidates
for state comptroller will be eligible to participate in the public
financing system beginning with the 2014 election, state legislative
candidates will be eligible to participate in 2016 and all statewide
candidates and constitutional delegates will be eligible to
participate in 2018.

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

                                  4705

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 18, 2013
                               ___________

Introduced  by  Sens. STEWART-COUSINS, GIANARIS, ADAMS, ADDABBO, AVELLA,
  BRESLIN, DILAN, ESPAILLAT, GIPSON, HOYLMAN, KENNEDY, KRUEGER, LATIMER,
  PERALTA, PERKINS, RIVERA, SERRANO, SQUADRON, STAVISKY, TKACZYK -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Elections

AN ACT to amend the election law, in relation to enacting the "2013 Fair
  Elections  Act";  to amend the election law, the state finance law and
  the tax law, in relation to  providing  for  optional  partial  public
  financing  of  certain  election campaigns in this state; and to amend
  the general business law, in relation to additional surcharges

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

  Section  1.  Short title.  This act shall be known and may be cited as
the "2013 Fair Elections Act".
  S 2. Legislative findings and declarations. The  legislature  declares
that  is  in the public interest to create and ensure a truly democratic
political system  in  which  citizens,  irrespective  of  their  income,
status,  or financial connections, are enabled and encouraged to compete
for public office. The  legislature  further  declares  that  large  and
unregulated  independent  expenditures  deliberately  distort issues and
facts  thereby  giving  their  financial  backers  undue  influence   in
elections.  Therefore, the legislature finds it necessary to establish a
system of public financing for all qualified candidates for state  elec-
tive  offices  and  constitutional convention delegates. The legislature
further finds that a new system of public financing would be best admin-
istered by a new "fair elections board" empowered with  effective  over-
sight and enforcement capabilities dedicated to working with and assist-
ing candidates excel in the public financing system.
  S  3.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02247-11-3

S. 4705                             2

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 FAIR ELECTIONS BOARD ENFORCEMENT
COUNSEL, ESTABLISHED PURSUANT TO SUBDIVISION FIVE OF SECTION  14-216  OF
THIS  CHAPTER,  AS IT MAY DEEM NECESSARY, AFTER THE FAIR ELECTIONS BOARD
HAS CONSIDERED THE MATTER OR MATTERS  IN  QUESTION;  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 FAIR ELECTIONS  BOARD
ENFORCEMENT  COUNSEL  REGARDING THE ENFORCEMENT OF VIOLATIONS OF ARTICLE
FOURTEEN OF THIS CHAPTER, AS IT  MAY  DEEM  NECESSARY,  AFTER  THE  FAIR
ELECTIONS BOARD HAS CONSIDERED THE MATTER OR MATTERS IN QUESTION;
  18.  THE  STATE  BOARD  OF  ELECTIONS SHALL, AS IT MAY DEEM NECESSARY,
ACCEPT, MODIFY OR REJECT  ANY  ACTION  OR  ACTIONS  TAKEN  BY  THE  FAIR
ELECTIONS  BOARD PURSUANT TO SUCH FAIR ELECTIONS BOARD'S AUTHORITY UNDER
SUBDIVISION FOURTEEN OF SECTION 3-104 AND SECTIONS 3-111 AND  14-216  OF
THIS CHAPTER.
  19.  perform  such  other  acts  as  may be necessary to carry out the
purposes of this chapter.
  S 4.  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  FAIR ELECTIONS BOARD
ENFORCEMENT COUNSEL; enforcement powers.  1. (A) THERE SHALL BE  A  UNIT
KNOWN AS THE FAIR ELECTIONS ENFORCEMENT UNIT ESTABLISHED WITHIN THE FAIR
ELECTIONS  BOARD.   THE HEAD OF SUCH UNIT SHALL BE THE ENFORCEMENT COUN-
SEL.
  (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,
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. (A) 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 REQUIRED BY 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  political  committee
supporting his OR HER candidacy if the complainant is a candidate or, if
the complaint was made by an officer or member of a political committee,

S. 4705                             3

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.]
  (B)  The  state  board  of  elections AND THE FAIR ELECTIONS BOARD 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.]  3.  IF  THE  ENFORCEMENT  COUNSEL  DETERMINES THAT A VIOLATION OF
SUBDIVISION ONE OF SECTION 14-126 OR SUBDIVISION ONE OF  SECTION  14-220
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  ALLEGING
ANY OTHER VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER, THE ENFORCEMENT
COUNSEL  SHALL  ANALYZE  THE  COMPLAINT TO DETERMINE IF AN INVESTIGATION
SHOULD BE UNDERTAKEN.  THE  ENFORCEMENT  COUNSEL  SHALL,  IF  NECESSARY,
REQUEST ADDITIONAL INFORMATION FROM THE COMPLAINANT TO ASSIST SUCH COUN-
SEL  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,  IF
TRUE, WOULD NOT CONSTITUTE A VIOLATION OF ARTICLE FOURTEEN OF THIS CHAP-
TER  OR  THAT THE ALLEGATIONS ARE NOT SUPPORTED BY CREDIBLE EVIDENCE, HE
OR SHE 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 NOTIFY THE FAIR ELECTIONS BOARD OF (A) HIS OR HER INTENT TO
RESOLVE THE MATTER EXTRA-JUDICIALLY DUE TO THE DE MINIMUS NATURE OF  THE
VIOLATION;  OR  (B)  HIS  OR HER INTENT TO COMMENCE AN INVESTIGATION, NO
LATER THAN THE FAIR ELECTIONS 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.
  7.  IF, UPON CONSIDERING THE ENFORCEMENT COUNSEL'S NOTICE OF INTENT TO
COMMENCE AN INVESTIGATION, THE FAIR ELECTIONS BOARD  BELIEVES  THAT  THE
ALLEGATIONS,  IF TRUE, WOULD NOT CONSTITUTE A VIOLATION OF ARTICLE FOUR-
TEEN OF THIS CHAPTER, 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  INVES-

S. 4705                             4

TIGATION.   IN DETERMINING WHETHER THE EQUITIES FAVOR A DISMISSAL OF THE
COMPLAINT,  THE  FAIR  ELECTIONS  BOARD  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 FAIR ELECTIONS BOARD TO DISMISS A
COMPLAINT AND NOT PROCEED WITH A FORMAL  INVESTIGATION  SHALL  BE  VOTED
UPON  AS  PROVIDED IN SUBDIVISION TEN OF SECTION 14-216 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 AND WITHOUT REGARD TO
THE STATUS OF THE SUBJECT OF THE COMPLAINT.
  8. ABSENT A TIMELY DETERMINATION BY THE FAIR ELECTIONS BOARD  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,
UPON  APPROVAL  OF THE FAIR ELECTIONS BOARD, SUCH ADDITIONAL POWERS FROM
THE STATE BOARD OF ELECTIONS. SUCH POWERS SHALL BE GRANTED BY THE  BOARD
IN  PUBLIC,  AS  PROVIDED  IN  SUBDIVISION FOUR OF SECTION 3-100 OF THIS
TITLE, 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 FAIR ELECTIONS BOARD WITH A WRITTEN RECOMMENDATION AS
TO: (A) WHETHER SUBSTANTIAL REASON EXISTS  TO  BELIEVE  A  VIOLATION  OF
ARTICLE  FOURTEEN OF THIS CHAPTER HAS OCCURRED AND, IF SO, THE NATURE OF
THE VIOLATION AND ANY APPLICABLE PENALTY, AS DEFINED IN SECTION  14-126,
14-220  OR 14-222 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  OR THE ATTORNEY GENERAL PURSUANT TO SUBDIVISION ELEVEN OF THIS
SECTION BECAUSE REASONABLE CAUSE EXISTS TO BELIEVE A VIOLATION  WARRANT-
ING CRIMINAL PROSECUTION HAS TAKEN PLACE.
  10.  THE  FAIR  ELECTIONS  BOARD  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  TEN  OF  SECTION  14-216 OF THIS CHAPTER 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 FAIR ELECTIONS BOARD DETERMINES, AS PROVIDED IN  SUBDI-
VISION  TEN  OF  THIS SECTION, THAT SUBSTANTIAL REASON EXISTS TO BELIEVE
THAT A PERSON, ACTING AS OR  ON  BEHALF  OF  A  CANDIDATE  OR  POLITICAL
COMMITTEE  UNDER  CIRCUMSTANCES  EVINCING AN INTENT TO VIOLATE SUCH LAW,
HAS UNLAWFULLY ACCEPTED A CONTRIBUTION IN EXCESS OF A CONTRIBUTION LIMI-
TATION ESTABLISHED IN ARTICLE FOURTEEN  OF  THIS  CHAPTER,  WHICH  COULD
WARRANT  A CIVIL PENALTY AS PROVIDED FOR IN SUBDIVISION THREE OF SECTION
14-126 OR SUBDIVISION TWO OF SECTION 14-222 OF THIS CHAPTER,  THE  BOARD

S. 4705                             5

SHALL  DIRECT  THE  COMMENCEMENT  OF A SPECIAL PROCEEDING IN THE SUPREME
COURT PURSUANT TO SECTION 16-122 OF THIS CHAPTER.
  (B) IF THE FAIR ELECTIONS BOARD DETERMINES, AS PROVIDED IN SUBDIVISION
TEN  OF THIS SECTION THAT REASONABLE CAUSE EXISTS TO BELIEVE A VIOLATION
OF TITLE ONE OF ARTICLE FOURTEEN OF  THIS  CHAPTER  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.
WHERE REASONABLE CAUSE EXISTS TO BELIEVE THAT A CANDIDATE FOR THE OFFICE
OF ATTORNEY GENERAL HAS VIOLATED TITLE TWO OF ARTICLE FOURTEEN  OF  THIS
CHAPTER,  THE  BOARD  SHALL REFER THE MATTER TO THE DISTRICT ATTORNEY OF
THE APPROPRIATE COUNTY.
  (C) IF THE FAIR ELECTIONS BOARD DETERMINES, AS PROVIDED IN SUBDIVISION
TEN OF THIS SECTION THAT REASONABLE CAUSE EXISTS TO BELIEVE A  VIOLATION
OF  TITLE  TWO  OF ARTICLE FOURTEEN OF THIS CHAPTER, WARRANTING CRIMINAL
PROSECUTION HAS TAKEN PLACE, THE BOARD  SHALL,  EXCEPT  AS  PROVIDED  IN
PARAGRAPH  (B)  OF  THIS  SUBDIVISION,  REFER THE MATTER TO THE ATTORNEY
GENERAL AND SHALL MAKE AVAILABLE TO  THE  SAME  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 FAIR ELECTIONS BOARD, PURSUANT TO SECTION  16-114
OF  THIS  CHAPTER, THE FAIR ELECTIONS BOARD SHALL DIRECT THE ENFORCEMENT
COUNSEL TO INVESTIGATE THE ALLEGED VIOLATIONS UNLESS OTHERWISE  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: (I) THE NUMBER OF  COMPLAINTS  RECEIVED;  (II)  THE  NUMBER  OF
COMPLAINTS  THAT WERE FOUND TO NEED INVESTIGATION AND THE NATURE OF EACH
COMPLAINT; AND (III) THE NUMBER OF MATTERS THAT HAVE BEEN RESOLVED.  THE
REPORT SHALL NOT CONTAIN ANY INFORMATION FOR  WHICH  DISCLOSURE  IS  NOT
PERMITTED.
  14.  THE  FAIR  ELECTIONS  BOARD  MAY PROMULGATE RULES AND REGULATIONS
CONSISTENT WITH LAW TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
  S 5. The state of New York shall appropriate during each  fiscal  year
to  the  New  York state fair elections board 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.    Notwithstanding  section  fifty-one  of  the state
finance law, such funding shall not be decreased by interchange with any
other appropriation.
  S 6. The election law is amended by adding a new section 3-111 to read
as follows:
  S 3-111. PERSONAL USE OF CAMPAIGN FUNDS. UPON WRITTEN REQUEST FROM ANY
PERSON WHO IS SUBJECT TO THE REQUIREMENTS  OF  SECTION  14-130  OF  THIS
CHAPTER,  THE  FAIR  ELECTIONS BOARD SHALL RENDER FORMAL OPINIONS ON THE
REQUIREMENTS OF SAID PROVISION. AN OPINION RENDERED BY THE BOARD,  UNTIL
AND  UNLESS  AMENDED  OR  REVOKED,  SHALL BE BINDING ON THE BOARD IN ANY
SUBSEQUENT PROCEEDING CONCERNING THE PERSON WHO  REQUESTED  THE  OPINION
AND  WHO  ACTED  IN  GOOD  FAITH,  UNLESS MATERIAL FACTS WERE OMITTED OR
MISSTATED BY THE PERSON IN THE REQUEST FOR AN OPINION. SUCH OPINION  MAY
ALSO  BE  RELIED UPON BY SUCH PERSON, AND MAY BE INTRODUCED AND SHALL BE
DEFENSE IN ANY CRIMINAL OR CIVIL ACTION. SUCH REQUEST SHALL BE CONFIDEN-
TIAL, BUT THE BOARD SHALL PUBLISH SUCH OPINIONS PROVIDED THAT  THE  NAME
OF  THE  REQUESTING  PERSON  AND  OTHER IDENTIFYING DETAILS SHALL NOT BE
INCLUDED IN THE PUBLICATION.

S. 4705                             6

  S 7. Subdivision 9 of section 14-100 of the election law is amended by
adding two new paragraphs 4 and 5 to read as follows:
  (4)  THE  TERM  "CONTRIBUTION" DOES NOT INCLUDE EXPENDITURES BY A BONA
FIDE MEMBERSHIP ORGANIZATION IN SUPPORT OF THE FOLLOWING  ACTIVITIES  BY
MEMBERS OF THE ORGANIZATION WHO ARE VOLUNTEERING THEIR TIME ON BEHALF OF
A  CANDIDATE, NOT TO EXCEED TWENTY-FIVE DOLLARS PER MEMBER PER CANDIDATE
WHO VOLUNTEERS FOR: TRANSPORTATION OF VOLUNTEERS TO  AND  FROM  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.
  (5)  EXPENDITURES  FOR COMMUNICATIONS TO MEMBERS OR SHAREHOLDERS OF AN
ORGANIZATION FOR THE PURPOSE OF SUPPORTING OR OPPOSING A CANDIDATE OR  A
BALLOT  MEASURE  ARE  NOT  CONTRIBUTIONS OR EXPENDITURES, PROVIDED THOSE
EXPENDITURES ARE NOT MADE TO A GENERAL PUBLIC AUDIENCE.
  S 8. Section 14-100 of the election law is amended by adding five  new
subdivisions 12, 13, 14, 15 and 16 to read as follows:
  12. "EXPRESS ADVOCACY" MEANS A COMMUNICATION:
  (1)  THAT CONTAINS EXPRESS WORDS SUCH AS VOTE, OPPOSE, SUPPORT, ELECT,
DEFEAT, OR REJECT, WHICH CALL FOR THE ELECTION OR DEFEAT OF A CANDIDATE,
OR
  (2) WHEN TAKEN AS A WHOLE WITH LIMITED REFERENCE TO  EXTERNAL  EVENTS,
SUCH  AS  THE  PROXIMITY TO THE ELECTION, COULD ONLY BE INTERPRETED BY A
REASONABLE PERSON AS CONTAINING ADVOCACY OF THE ELECTION  OR  DEFEAT  OF
ONE OR MORE CLEARLY IDENTIFIED CANDIDATES BECAUSE:
  (A)  THE ELECTORAL PORTION OF THE COMMUNICATION IS UNMISTAKABLE, UNAM-
BIGUOUS, AND SUGGESTIVE OF ONLY ONE MEANING; AND
  (B) REASONABLE MINDS COULD NOT DIFFER  AS  TO  WHETHER  IT  ENCOURAGES
ACTIONS  TO ELECT OR DEFEAT ONE OR MORE CLEARLY IDENTIFIED CANDIDATES OR
ENCOURAGES SOME OTHER KIND OF ACTION.
  13. "CLEARLY IDENTIFIED CANDIDATE" MEANS THAT:
  (A) THE NAME OF THE CANDIDATE INVOLVED APPEARS;
  (B) A PHOTOGRAPH OR DRAWING OF THE CANDIDATE APPEARS; OR
  (C) THE IDENTITY OF THE CANDIDATE IS APPARENT  BY  UNAMBIGUOUS  REFER-
ENCE.
  14. "GENERAL PUBLIC AUDIENCE" MEANS AN AUDIENCE COMPOSED OF MEMBERS OF
THE  PUBLIC,  INCLUDING  A  TARGETED  SUBGROUP OF MEMBERS OF THE PUBLIC;
PROVIDED, HOWEVER, IT DOES NOT MEAN  AN  AUDIENCE  SOLELY  COMPRISED  OF
MEMBERS,  RETIREES  AND STAFF OF A LABOR ORGANIZATION OR THEIR IMMEDIATE
FAMILY MEMBERS OR AN AUDIENCE SOLELY COMPRISED OF SHAREHOLDERS AND EXEC-
UTIVES OF A BUSINESS ENTITY.
  15. "LABOR ORGANIZATION" MEANS ANY  ORGANIZATION  OF  ANY  KIND  WHICH
EXISTS  FOR  THE PURPOSE, IN WHOLE OR IN PART, OF REPRESENTING EMPLOYEES
EMPLOYED WITHIN THE STATE OF NEW  YORK  IN  DEALING  WITH  EMPLOYERS  OR
EMPLOYER  ORGANIZATIONS  OR WITH A STATE GOVERNMENT, OR ANY POLITICAL OR
CIVIL SUBDIVISION OR OTHER AGENCY THEREOF, CONCERNING TERMS  AND  CONDI-
TIONS  OF EMPLOYMENT, GRIEVANCES, LABOR DISPUTES, OR OTHER MATTERS INCI-
DENTAL TO THE EMPLOYMENT RELATIONSHIP. FOR THE PURPOSES OF THIS ARTICLE,
EACH LOCAL, STATEWIDE, NATIONAL AND INTERNATIONAL LABOR ORGANIZATION AND
EACH NATIONAL, STATE, AREA AND LABOR CENTRAL LABOR BODY  RECEIVING  DUES
FROM  AFFILIATED  LABOR  ORGANIZATIONS,  SHALL  BE CONSIDERED A SEPARATE
LABOR ORGANIZATION.
  16. "INTERMEDIARY"  MEANS  AN  INDIVIDUAL,  CORPORATION,  PARTNERSHIP,
POLITICAL  COMMITTEE,  LABOR  ORGANIZATION, OR OTHER ENTITY WHICH, OTHER
THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY, OR MESSEN-
GER SERVICE, DELIVERS ANY CONTRIBUTION FROM ANOTHER PERSON OR ENTITY  TO
A CANDIDATE OR AN AUTHORIZED COMMITTEE.

S. 4705                             7

  "INTERMEDIARY"  SHALL  NOT  INCLUDE  SPOUSES,  PARENTS,  CHILDREN,  OR
SIBLINGS OF THE PERSON MAKING SUCH CONTRIBUTION.
  S  9.  Subdivision 1 of section 14-102 of the election law, as amended
by chapter 8 and as redesignated by chapter 9 of the laws  of  1978,  is
amended to read as follows:
  1.  The  treasurer of every political committee which, or any officer,
member or agent of any  such  committee  who,  in  connection  with  any
election,  receives  or  expends  any  money  or other valuable thing or
incurs any liability to pay money or its equivalent  shall  file  state-
ments  sworn,  or subscribed and bearing a form notice that false state-
ments made therein are punishable as a class A misdemeanor  pursuant  to
section  210.45 of the penal law, at the times prescribed by this [arti-
cle] TITLE setting forth all the  receipts,  contributions  to  and  the
expenditures  by  and liabilities of the committee, and of its officers,
members and agents in its behalf.  Such  statements  shall  include  the
dollar  amount  of  any  receipt,  contribution or transfer, or the fair
market value of any receipt, contribution or transfer,  which  is  other
than  of  money,  the  name  and address of the transferor, contributor,
INTERMEDIARY, or person from  whom  received,  and  if  the  transferor,
contributor,  INTERMEDIARY, or person is a political committee; the name
of and the political unit represented by the committee, the date of  its
receipt, the dollar amount of every expenditure, the name and address of
the  person  to  whom  it was made or the name of and the political unit
represented by the committee to which it was made and the date  thereof,
and shall state clearly the purpose of such expenditure. AN INTERMEDIARY
NEED  NOT  BE  REPORTED  FOR  A  CONTRIBUTION  THAT WAS COLLECTED FROM A
CONTRIBUTOR IN CONNECTION WITH A PARTY OR OTHER CANDIDATE-RELATED  EVENT
HELD  AT THE RESIDENCE OF THE PERSON DELIVERING THE CONTRIBUTION, UNLESS
THE EXPENSES OF SUCH EVENT AT SUCH RESIDENCE FOR SUCH  CANDIDATE  EXCEED
FIVE  HUNDRED  DOLLARS OR THE AGGREGATE CONTRIBUTIONS RECEIVED FROM THAT
CONTRIBUTOR AT SUCH EVENT EXCEED FIVE  HUNDRED  DOLLARS.  Any  statement
reporting  a  loan  shall  have attached to it a copy of the evidence of
indebtedness. Expenditures in sums  under  fifty  dollars  need  not  be
specifically  accounted  for  by  separate items in said statements, and
receipts  and  contributions  aggregating  not  more  than   ninety-nine
dollars, from any one contributor need not be specifically accounted for
by  separate  items  in  said  statements,  provided  however, that such
expenditures, receipts and contributions shall be subject to  the  other
provisions of section 14-118 of this [article] TITLE.
  S  10.  The  election law is amended by adding a new section 14-107 to
read as follows:
  S 14-107. INDEPENDENT EXPENDITURE REPORTING. 1. FOR PURPOSES  OF  THIS
ARTICLE:
  (A)  "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE IN SUPPORT OR
OPPOSITION OF A CANDIDATE: FOR AN AUDIO  OR  VIDEO  COMMUNICATION  TO  A
GENERAL  PUBLIC  AUDIENCE VIA BROADCAST, CABLE OR SATELLITE OR A WRITTEN
COMMUNICATION  TO  A  GENERAL  PUBLIC   AUDIENCE   VIA   ADVERTISEMENTS,
PAMPHLETS,  CIRCULARS,  FLYERS,  BROCHURES, LETTERHEADS OR OTHER PRINTED
MATTER AND COMMUNICATIONS CONVEYED TO FIVE HUNDRED OR MORE MEMBERS OF  A
GENERAL  PUBLIC  AUDIENCE BY PHONE, COMPUTER OR OTHER ELECTRONIC DEVICES
THAT:
  (I) EXPRESSLY ADVOCATES FOR THE ELECTION OR DEFEAT OF A CLEARLY  IDEN-
TIFIED CANDIDATE; AND
  (II)  THAT  THE CANDIDATE OR HIS OR HER AGENTS OR AUTHORIZED POLITICAL
COMMITTEE OR COMMITTEES DID NOT AUTHORIZE, REQUEST, SUGGEST,  FOSTER  OR
COOPERATE WITH IN ANY WAY.

S. 4705                             8

  (B)  "INDEPENDENT SPENDER" MEANS AN INDIVIDUAL OR ENTITY THAT MAKES AN
INDEPENDENT EXPENDITURE OR ELECTIONEERING COMMUNICATION.
  (C) "ELECTIONEERING COMMUNICATION" MEANS:
  (I)  AN  AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC AUDIENCE VIA
BROADCAST, CABLE OR SATELLITE, OR A COMMUNICATION MADE BY PAID ADVERTIS-
ING THAT IS PUBLISHED ON THE INTERNET OR IN A  NEWSPAPER  OR  PERIODICAL
DISTRIBUTED  TO  A  GENERAL  PUBLIC AUDIENCE, OR A COMMUNICATION TO FIVE
HUNDRED OR MORE MEMBERS OF A GENERAL PUBLIC AUDIENCE BY PHONE,  COMPUTER
OR OTHER ELECTRONIC DEVICES,
  (II)  WHICH  IS  BROADCAST OR PUBLISHED WITHIN SIXTY DAYS OF A GENERAL
ELECTION OR THIRTY DAYS OF A PRIMARY ELECTION,
  (III) WHICH  REFERS  TO  A  CLEARLY  IDENTIFIED  CANDIDATE  OR  BALLOT
PROPOSAL, AND
  (IV)  SUCH  CANDIDATE,  THE  CANDIDATE'S  POLITICAL  COMMITTEE  OR ITS
AGENTS, OR A POLITICAL COMMITTEE FORMED TO PROMOTE THE SUCCESS OR DEFEAT
OF A BALLOT PROPOSAL OR ITS AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST,
FOSTER OR COOPERATE IN ANY SUCH COMMUNICATION.
  (D) INDEPENDENT EXPENDITURES AND ELECTIONEERING COMMUNICATIONS DO  NOT
INCLUDE:
  (I)  A COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY, OR
EDITORIAL OR DISTRIBUTED THROUGH  THE  FACILITIES  OF  ANY  BROADCASTING
STATION,  CABLE  OR  SATELLITE UNLESS SUCH PUBLICATION OR FACILITIES ARE
OWNED OR CONTROLLED BY  ANY  POLITICAL  PARTY,  POLITICAL  COMMITTEE  OR
CANDIDATE; OR
  (II) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR
  (III)  A  COMMUNICATION  WHICH  CONSTITUTES  AN EXPENDITURE MADE BY AN
ENTITY REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.
  (E) FOR PURPOSES OF THIS SECTION, THE TERM "PERSON" SHALL MEAN PERSON,
GROUP OF PERSONS, ENTITY, ORGANIZATION OR ASSOCIATION.
  2. WHENEVER ANY PERSON MAKES AN INDEPENDENT  EXPENDITURE  OR  ELECTIO-
NEERING  COMMUNICATION  THAT COSTS MORE THAN ONE THOUSAND DOLLARS IN THE
AGGREGATE, SUCH COMMUNICATION SHALL CLEARLY STATE THE NAME OF THE PERSON
WHO PAID FOR, OR OTHERWISE PUBLISHED OR DISTRIBUTED,  THE  COMMUNICATION
AND STATE, WITH RESPECT TO COMMUNICATIONS REGARDING CANDIDATES, THAT THE
COMMUNICATION  IS NOT AUTHORIZED BY ANY CANDIDATE, ANY CANDIDATE'S POLI-
TICAL COMMITTEE OR ANY OF ITS AGENTS. A KNOWING AND WILLFUL VIOLATION OF
THE PROVISIONS OF THIS SUBDIVISION SHALL SUBJECT THE PERSON TO  A  CIVIL
PENALTY  EQUAL TO ONE THOUSAND DOLLARS OR THE COST OF THE COMMUNICATION,
WHICHEVER IS GREATER, IN A SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY
THE FAIR ELECTIONS BOARD.
  3. (A) ANY PERSON WHICH MAKES INDEPENDENT EXPENDITURES OR ELECTIONEER-
ING COMMUNICATIONS THAT COST MORE  THAN  ONE  THOUSAND  DOLLARS  IN  THE
AGGREGATE  SHALL  REPORT SUCH INDEPENDENT EXPENDITURES OR ELECTIONEERING
COMMUNICATIONS TO THE STATE BOARD OF ELECTIONS ON STATEMENTS AS PROVIDED
FOR IN SECTION 14-108 OF THIS TITLE.
  (B) ANY INDEPENDENT EXPENDITURE OR ELECTIONEERING  COMMUNICATION  MADE
AFTER  THE CLOSE OF THE PERIOD TO BE COVERED IN THE LAST STATEMENT FILED
BEFORE ANY  PRIMARY,  GENERAL  OR  SPECIAL  ELECTION,  BUT  BEFORE  SUCH
ELECTION,  SHALL BE REPORTED WITHIN TWENTY-FOUR HOURS IN THE SAME MANNER
AS PROVIDED FOR IN SUBDIVISION TWO OF SECTION 14-108 OF THIS TITLE.
  4. EACH SUCH STATEMENT SHALL INCLUDE:
  (A) THE NAME, ADDRESS, AND IF A NATURAL PERSON, OCCUPATION AND EMPLOY-
ER OF THE PERSON MAKING THE STATEMENT;
  (B) THE NAME, ADDRESS, AND IF A NATURAL PERSON, OCCUPATION AND EMPLOY-
ER OF THE PERSON MAKING THE INDEPENDENT  EXPENDITURE  OR  ELECTIONEERING
COMMUNICATION;

S. 4705                             9

  (C) IF THE INDEPENDENT SPENDER MAKES INDEPENDENT EXPENDITURES OR ELEC-
TIONEERING  COMMUNICATIONS  USING EXCLUSIVELY FUNDS IN A SEGREGATED BANK
ACCOUNT CONSISTING OF FUNDS THAT WERE PAID DIRECTLY TO SUCH  ACCOUNT  BY
PERSONS  OTHER  THAN  THE INDEPENDENT SPENDER THAT CONTROLS THE ACCOUNT,
FOR EACH SUCH PAYMENT TO THE ACCOUNT:
  (I) THE NAME, ADDRESS, AND IF A NATURAL PERSON, OCCUPATION AND EMPLOY-
ER OF EACH PERSON WHO MADE SUCH PAYMENT DURING THE PERIOD COVERED BY THE
STATEMENT;
  (II) THE DATE AND AMOUNT OF SUCH PAYMENT; AND
  (III)  THE  AGGREGATE  AMOUNT  OF ALL SUCH PAYMENTS MADE BY THE PERSON
AFTER JANUARY FIRST OF THE  YEAR  IN  WHICH  THE  PRIMARY,  GENERAL,  OR
SPECIAL  ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT; BUT ONLY IF SUCH
PAYMENT WAS MADE BY A PERSON WHO MADE PAYMENTS  TO  THE  ACCOUNT  IN  AN
AGGREGATE  AMOUNT OF ONE THOUSAND DOLLARS OR MORE AFTER JANUARY FIRST OF
THE YEAR IN WHICH THE PRIMARY, GENERAL, OR SPECIAL ELECTION IS HELD  FOR
THE PUBLIC OFFICE SOUGHT.
  (D) IF THE INDEPENDENT SPENDER MAKES INDEPENDENT EXPENDITURES OR ELEC-
TIONEERING  COMMUNICATIONS  USING FUNDS OTHER THAN FUNDS IN A SEGREGATED
BANK ACCOUNT DESCRIBED IN PARAGRAPH (E) OF THIS  SUBDIVISION,  FOR  EACH
PAYMENT TO THE INDEPENDENT SPENDER:
  (I) THE NAME, ADDRESS, AND IF A NATURAL PERSON, OCCUPATION AND EMPLOY-
ER OF EACH PERSON WHO MADE SUCH PAYMENT DURING THE PERIOD COVERED BY THE
STATEMENT;
  (II) THE DATE AND AMOUNT OF SUCH PAYMENT; AND
  (III)  THE  AGGREGATE  AMOUNT  OF ALL SUCH PAYMENTS MADE BY THE PERSON
AFTER JANUARY FIRST OF THE  YEAR  IN  WHICH  THE  PRIMARY,  GENERAL,  OR
SPECIAL  ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT; BUT ONLY IF SUCH
PAYMENT WAS MADE BY A PERSON WHO MADE PAYMENTS TO THE INDEPENDENT SPEND-
ER IN AN AGGREGATE AMOUNT OF ONE THOUSAND DOLLARS OR MORE AFTER  JANUARY
FIRST  OF THE YEAR IN WHICH THE PRIMARY, GENERAL, OR SPECIAL ELECTION IS
HELD FOR THE PUBLIC OFFICE SOUGHT.
  (E) THE DOLLAR AMOUNT PAID FOR EACH INDEPENDENT EXPENDITURE OR ELECTI-
ONEERING COMMUNICATION, THE NAME AND ADDRESS OF  THE  PERSON  OR  ENTITY
RECEIVING  THE  PAYMENT, THE DATE THE PAYMENT WAS MADE AND A DESCRIPTION
OF THE INDEPENDENT EXPENDITURE OR ELECTIONEERING COMMUNICATION; AND
  (F) THE ELECTION TO WHICH THE INDEPENDENT EXPENDITURE OR  ELECTIONEER-
ING COMMUNICATION PERTAINS AND THE NAME OF THE CLEARLY IDENTIFIED CANDI-
DATE OR THE BALLOT PROPOSAL REFERENCED.
  5.  ANY  REPORT  MADE PURSUANT TO THIS SECTION SHALL INCLUDE A COPY OF
ALL MATERIALS THAT PERTAIN TO THE INDEPENDENT  EXPENDITURE  OR  ELECTIO-
NEERING  COMMUNICATION, INCLUDING BUT NOT LIMITED TO BROADCAST, CABLE OR
SATELLITE SCHEDULE AND SCRIPTS,  ADVERTISEMENTS,  PAMPHLETS,  CIRCULARS,
FLYERS, BROCHURES, LETTERHEADS AND OTHER PRINTED MATTER.
  6. ANY REPORT OF A LOAN THAT IS MADE FOR AN INDEPENDENT EXPENDITURE OR
ELECTIONEERING  COMMUNICATION  SHALL  INCLUDE  WRITTEN  EVIDENCE  OF THE
INDEBTEDNESS.
  7. CONTRIBUTIONS:
  (A) WHEN AN INDEPENDENT SPENDER THAT IS AN  ENTITY  MAKES  INDEPENDENT
EXPENDITURES  OR ELECTIONEERING COMMUNICATIONS OF ONE HUNDRED DOLLARS OR
MORE AGGREGATING FIVE THOUSAND DOLLARS OR  MORE  IN  THE  TWELVE  MONTHS
PRECEDING  THE  ELECTION  FOR  COMMUNICATIONS  THAT  REFER TO ANY SINGLE
CANDIDATE, IT IS REQUIRED TO REPORT:
  (I) ALL CONTRIBUTIONS FROM OTHER ENTITIES SINCE THE FIRST DAY  OF  THE
CALENDAR YEAR PRECEDING THE YEAR OF THE ELECTION; AND

S. 4705                            10

  (II)  ALL  CONTRIBUTIONS  AGGREGATING  ONE  THOUSAND  DOLLARS  OR MORE
ACCEPTED FROM AN INDIVIDUAL  DURING  THE  TWELVE  MONTHS  PRECEDING  THE
ELECTION.
  (B)  EACH  CONTRIBUTION  SHALL BE DISCLOSED IN THE REPORTING PERIOD IN
WHICH IT WAS RECEIVED. FOR EACH CONTRIBUTION,  THE  INDEPENDENT  SPENDER
SHALL PROVIDE:
  (I)  FOR  EACH CONTRIBUTION ACCEPTED FROM ANOTHER ENTITY, THE ENTITY'S
NAME, ADDRESS, AND TYPE OF ORGANIZATION;
  (II) FOR EACH CONTRIBUTION ACCEPTED FROM AN INDIVIDUAL,  THE  INDIVID-
UAL'S NAME, ADDRESS, OCCUPATION, AND EMPLOYER INFORMATION; AND
  (III) THE DATE OF RECEIPT AND AMOUNT OF EACH SUCH CONTRIBUTIONS.
  (C)  EXEMPTION  FOR  EARMARKED  CONTRIBUTIONS.  CONTRIBUTIONS THAT ARE
EARMARKED  FOR  AN  EXPLICITLY  STATED  NON-ELECTORAL  PURPOSE  ARE  NOT
REQUIRED  TO  BE  REPORTED;  PROVIDED,  HOWEVER  THAT  RECORDS  OF THESE
CONTRIBUTIONS MUST BE MAINTAINED AND MAY BE REQUESTED BY  THE  BOARD  TO
VERIFY THEIR QUALIFICATIONS FOR THIS EXEMPTION.
  8. EVERY STATEMENT REQUIRED TO BE FILED PURSUANT TO THIS SECTION SHALL
BE  FILED BY ELECTRONIC REPORTING PROCESS OR OVERNIGHT MAIL TO THE STATE
BOARD OF ELECTIONS.
  9. THE FAIR ELECTIONS BOARD SHALL PROMULGATE REGULATIONS WITH  RESPECT
TO THE STATEMENTS REQUIRED TO BE FILED BY THIS SECTION AND SHALL PROVIDE
FORMS SUITABLE FOR SUCH STATEMENTS.
  S  11. Section 14-110 of the election law, as amended by chapter 46 of
the laws of 1984, is amended to read as follows:
  S 14-110. Place for filing  statements.  The  places  for  filing  the
statements required by this article shall be determined by rule or regu-
lation  of  the  state  board  of elections; provided, however, that the
statements of a candidate for election to the office of governor,  lieu-
tenant  governor,  attorney general, comptroller, member of the legisla-
ture, delegate to a constitutional convention, justice  of  the  supreme
court or for nomination for any such office at a primary election and of
any  committee  aiding  or  taking  part in the designation, nomination,
election or defeat of candidates for one or  more  of  such  offices  or
promoting  the  success  or  defeat  of a question to be voted on by the
voters of the entire state shall  be  filed  with  the  state  board  of
elections  and in such other places as the state board of elections may,
by rule or  regulation  provide.    UPON  FILING,  THE  STATE  BOARD  OF
ELECTIONS  SHALL  MAKE  ALL STATEMENTS FILED THEREWITH READILY AVAILABLE
AND ACCESSIBLE TO THE FAIR ELECTIONS BOARD.
  S 12. Section 14-112 of the election law, as amended by chapter 930 of
the laws of 1981, is amended to read as follows:
  S 14-112. Political committee authorization statement.  Any  political
committee  aiding  or  taking  part in the election or nomination of any
candidate, other than by making contributions, shall file, in the office
in which the statements of such committee are to be  filed  pursuant  to
this [article] TITLE, either a sworn verified statement by the treasurer
of  such  committee  that  the  candidate  has  authorized the political
committee to aid or take part in his election or that the candidate  has
not authorized the committee to aid or take part in his election.
  S 13. Sections 14-100, 14-102, 14-104, 14-106, 14-107, 14-108, 14-110,
14-112,  14-114, 14-116, 14-118, 14-120, 14-122, 14-124, 14-126, 14-127,
14-128 and 14-130 of the election law are designated title 1 and  a  new
title heading is added to read as follows:
                    RECEIPTS AND EXPENDITURES; GENERAL
  S  14. Article 14 of the election law is amended by adding a new title
2 to read as follows:

S. 4705                            11

                                TITLE II
                            PUBLIC FINANCING
SECTION 14-200. APPLICABILITY OF TITLE.
        14-202. DEFINITIONS.
        14-204. REPORTING REQUIREMENTS.
        14-206. ELIGIBILITY.
        14-208. QUALIFIED CAMPAIGN EXPENDITURES.
        14-210. OPTIONAL PUBLIC FINANCING.
        14-212. CONTRIBUTION AND RECEIPT LIMITATIONS.
        14-214. LIMITATIONS ON THE RECEIPT OF PUBLIC FUNDS.
        14-216. FAIR ELECTIONS BOARD; GENERAL POWERS AND DUTIES.
        14-218. EXAMINATIONS AND AUDITS.
        14-220. CIVIL ENFORCEMENT.
        14-222. CRIMINAL PENALTIES.
        14-224. REPORTS.
        14-226. DEBATES.
        14-228. DISTRIBUTIONS FROM CAMPAIGN FINANCE FUND.
  S 14-200. APPLICABILITY OF TITLE. THIS TITLE SHALL ONLY APPLY TO THOSE
CANDIDATES  WHO  ELECT  TO  PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING
SYSTEM.
  S 14-202. DEFINITIONS. AS USED IN THIS TITLE, UNLESS  ANOTHER  MEANING
IS CLEARLY INDICATED:
  1.  THE TERM "BOARD" OR "FAIR ELECTIONS BOARD" MEANS THE BOARD CREATED
BY SECTION 14-216 OF THIS TITLE TO ADMINISTER THE CAMPAIGN FINANCE FUND.
  2. THE TERM "ELIGIBLE CANDIDATE" SHALL MEAN A CANDIDATE FOR NOMINATION
OR ELECTION TO ANY OF THE  OFFICES  OF  GOVERNOR,  LIEUTENANT  GOVERNOR,
COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE STATE LEGISLATURE, AT-LARGE
DELEGATE  TO  A  CONSTITUTIONAL  CONVENTION  OR  DISTRICT  DELEGATE TO A
CONSTITUTIONAL CONVENTION.
  3. THE TERM "PARTICIPATING COMMITTEE" SHALL MEAN A  SINGLE  AUTHORIZED
POLITICAL  COMMITTEE  WHICH  A CANDIDATE CERTIFIES IS THE COMMITTEE THAT
WILL SOLELY BE USED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM ESTAB-
LISHED BY THIS TITLE AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMA-
RY, GENERAL OR SPECIAL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT.  A
MULTI-CANDIDATE COMMITTEE MAY NOT BE A PARTICIPATING COMMITTEE.
  4. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN A  CANDIDATE  WHO  IS
ELIGIBLE  TO  PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEM ESTAB-
LISHED BY THIS TITLE, HAS MET THE  THRESHOLD  FOR  ELIGIBILITY  AND  HAS
ELECTED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM.
  5.  THE  TERM  "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR
ANY OFFICE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING UNDER THIS TITLE FOR A
COVERED ELECTION WHO FAILS TO FILE A STATEMENT IN THE FORM OF AN AFFIDA-
VIT PURSUANT TO SECTION 14-210 OF THIS TITLE.
  6. THE TERM "MATCHABLE CONTRIBUTIONS" SHALL MEAN THAT PORTION  OF  THE
AGGREGATE  CONTRIBUTIONS  MADE  (A)  IN THE CASE OF A PRIMARY OR GENERAL
ELECTION, AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY OR GENER-
AL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT OR (B) IN THE CASE OF A
SPECIAL ELECTION, WITHIN SIX MONTHS OF SUCH ELECTION 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 TWO HUNDRED FIFTY DOLLARS, WHICH HAVE BEEN REPORTED
IN FULL BY THE CANDIDATE'S PARTICIPATING COMMITTEE TO THE FAIR ELECTIONS
BOARD, INCLUDING THE CONTRIBUTOR'S FULL NAME AND RESIDENTIAL ADDRESS.  A
LOAN MAY NOT BE TREATED AS A  MATCHABLE  CONTRIBUTION.    THE  FOLLOWING
CONTRIBUTIONS ARE NOT MATCHABLE:
  (A) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;

S. 4705                            12

  (B)  CONTRIBUTIONS  IN THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM
WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
  (C) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR OR OTHER-
WISE INDUCED BY A CHANCE TO PARTICIPATE IN A RAFFLE, LOTTERY, OR SIMILAR
DRAWING FOR VALUABLE PRIZES;
  (D)  MONEY  ORDER  CONTRIBUTIONS FROM ANY ONE CONTRIBUTOR THAT ARE, IN
THE AGGREGATE, GREATER THAN ONE HUNDRED DOLLARS;
  (E) CONTRIBUTIONS FROM INDIVIDUALS UNDER THE AGE OF EIGHTEEN YEARS;
  (F) CONTRIBUTIONS FROM INDIVIDUAL VENDORS TO  WHOM  THE  PARTICIPATING
CANDIDATE  OR  HIS  OR  HER PRINCIPAL COMMITTEE MAKES AN EXPENDITURE, IN
FURTHERANCE OF THE NOMINATION FOR ELECTION OR ELECTION  COVERED  BY  THE
CANDIDATE'S  CERTIFICATION,  UNLESS  SUCH  EXPENDITURE IS REIMBURSING AN
ADVANCE.
  7. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE
FOR WHICH PUBLIC FUNDS MAY BE USED.
  8. THE TERM "FUND" SHALL MEAN THE NEW YORK STATE CAMPAIGN FINANCE FUND
CREATED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  9. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF TOTAL
MATCHABLE CONTRIBUTIONS THAT THE PARTICIPATING COMMITTEE OF AN OTHERWISE
ELIGIBLE CANDIDATE MUST RECEIVE, AS REQUIRED BY SECTION 14-206  OF  THIS
TITLE,  IN  ORDER  TO  QUALIFY FOR OPTIONAL PUBLIC FINANCING PURSUANT TO
THIS TITLE.
  10. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS IN SUBDIVI-
SION NINE OF SECTION 14-100 OF THIS ARTICLE.
  S 14-204. REPORTING REQUIREMENTS.  1.  EVERY  PARTICIPATING  CANDIDATE
SHALL NOT DESIGNATE MORE THAN ONE AUTHORIZED COMMITTEE. BEFORE RECEIVING
ANY  CONTRIBUTION OR MAKING ANY EXPENDITURE FOR A COVERED ELECTION, EACH
PARTICIPATING CANDIDATE SHALL NOTIFY THE FAIR ELECTIONS BOARD AS TO  THE
EXISTENCE  OF  HIS  OR HER AUTHORIZED COMMITTEE THAT HAS BEEN DESIGNATED
AND APPROVED BY SUCH CANDIDATE. EACH SUCH  AUTHORIZED  COMMITTEE  SHALL,
BEFORE  OPENING  A COMMITTEE BANK ACCOUNT, RECEIVING ANY CONTRIBUTION OR
MAKING ANY EXPENDITURE FOR A COVERED ELECTION:
  (A) DESIGNATE A TREASURER; AND
  (B) OBTAIN A TAX  IDENTIFICATION  NUMBER  FROM  THE  INTERNAL  REVENUE
SERVICE.
  2.  DISCLOSURE. (A) EVERY PARTICIPATING CANDIDATE SHALL FILE FINANCIAL
DISCLOSURE REPORTS WITH THE STATE BOARD  OF  ELECTIONS  AS  REQUIRED  BY
TITLE  ONE OF THIS ARTICLE. COPIES OF SUCH REPORTS SHALL ALSO BE SUBMIT-
TED TO THE FAIR ELECTIONS BOARD CREATED PURSUANT TO THIS ARTICLE AT  THE
SAME TIME SUCH REPORTS ARE FILED WITH THE STATE BOARD OF ELECTIONS.
  (B) THE FAIR ELECTIONS BOARD SHALL REVIEW EACH DISCLOSURE REPORT FILED
WITH  THE STATE BOARD OF ELECTIONS PURSUANT TO TITLE ONE OF THIS ARTICLE
AND SHALL  INFORM  PARTICIPATING  CANDIDATES  AND  POLITICAL  COMMITTEES
INCLUDING  THE  AUTHORIZED  COMMITTEE,  OF  RELEVANT  QUESTIONS THE FAIR
ELECTIONS BOARD HAS CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS OF THIS
TITLE AND OF THE RULES ISSUED BY THE  FAIR  ELECTIONS  BOARD;  AND  (II)
QUALIFICATION  FOR  RECEIVING  PUBLIC  MATCHING  FUNDS  PURSUANT TO THIS
TITLE. IN THE COURSE OF SUCH REVIEW, THE FAIR ELECTIONS BOARD SHALL GIVE
CANDIDATES AND POLITICAL COMMITTEES INCLUDING THE AUTHORIZED  COMMITTEE,
AN  OPPORTUNITY  TO RESPOND TO AND CORRECT POTENTIAL VIOLATIONS AND GIVE
CANDIDATES AN OPPORTUNITY TO ADDRESS QUESTIONS THE BOARD HAS  CONCERNING
THEIR MATCHABLE CONTRIBUTION CLAIMS OR OTHER ISSUES CONCERNING ELIGIBIL-
ITY  FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. NOTHING
IN THIS PARAGRAPH SHALL PRECLUDE THE BOARD FROM  SUBSEQUENTLY  REVIEWING
SUCH  A  DISCLOSURE REPORT AND TAKING ANY ACTION OTHERWISE AUTHORIZED BY
THIS TITLE.

S. 4705                            13

  (C) ONLY ITEMIZED CONTRIBUTIONS CONTAINED IN REPORTS  FILED  WITH  THE
FAIR  ELECTIONS  BOARD  SHALL BE ELIGIBLE FOR MATCHING FUNDS PURSUANT TO
THIS TITLE.
  S 14-206. 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 FOR STATEWIDE  OFFICE,  THE  STATE  LEGISLATURE  OR
DELEGATE TO A CONSTITUTIONAL CONVENTION AT A PRIMARY, GENERAL OR SPECIAL
ELECTION AND MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION
TWO OF THIS SECTION;
  (C) ELECT TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM ESTABLISHED BY
THIS  TITLE  NOT LATER THAN SEVEN DAYS AFTER THE LAST DAY TO FILE DESIG-
NATING PETITIONS FOR THE OFFICE SUCH CANDIDATE IS  SEEKING  OR,  IN  THE
CASE OF A SPECIAL ELECTION, NOT LATER THAN THE LAST DAY TO FILE NOMINAT-
ING CERTIFICATES FOR SUCH OFFICE;
  (D)  AGREE  TO  OBTAIN  AND  FURNISH  TO  THE FAIR ELECTIONS 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 BOARD;
  (E)  HAVE  A  SINGLE  AUTHORIZED  POLITICAL  COMMITTEE WHICH HE OR SHE
CERTIFIES AS THE PARTICIPATING 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 EXPEND FOR CAMPAIGN PURPOSES ANY PORTION OF ANY PRE-
EXISTING FUNDS RAISED FOR ANY PUBLIC OFFICE OR PARTY POSITION  PRIOR  TO
THE  DATE  OF  ELECTING TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM AS
SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION.  NOTHING IN  THIS  PARA-
GRAPH  SHALL  BE CONSTRUED TO LIMIT, IN ANY WAY, ANY CANDIDATE OR PUBLIC
OFFICIAL FROM EXPENDING ANY PORTION OF PRE-EXISTING CAMPAIGN  FUNDS  FOR
ANY LAWFUL PURPOSE OTHER THAN THOSE RELATED TO HIS OR HER CAMPAIGN.
  2.  THE THRESHOLD FOR ELIGIBILITY FOR PUBLIC FUNDING FOR CANDIDATES IN
A PRIMARY, GENERAL OR SPECIAL ELECTION FOR THE FOLLOWING  OFFICES  SHALL
BE:
  (A)  GOVERNOR  IN  A  PRIMARY  OR  GENERAL ELECTION. NOT LESS THAN SIX
HUNDRED FIFTY THOUSAND DOLLARS FROM AT LEAST SIX THOUSAND  FIVE  HUNDRED
MATCHABLE  CONTRIBUTIONS  MADE  UP  OF  SUMS  OF UP TO TWO HUNDRED FIFTY
DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
  (B) LIEUTENANT GOVERNOR IN  A  PRIMARY  ELECTION  AND  COMPTROLLER  OR
ATTORNEY  GENERAL  IN  A PRIMARY OR GENERAL ELECTION.  NOT LESS THAN TWO
HUNDRED THOUSAND DOLLARS FROM AT LEAST TWO THOUSAND  MATCHABLE  CONTRIB-
UTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY DOLLARS PER INDIVIDUAL
CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
  (C)  MEMBERS  OF  THE  STATE  SENATE  IN A PRIMARY, GENERAL OR SPECIAL
ELECTION. NOT LESS THAN  TWENTY  THOUSAND  DOLLARS  FROM  AT  LEAST  TWO
HUNDRED  MATCHABLE  CONTRIBUTIONS  MADE  UP OF SUMS OF UP TO TWO HUNDRED
FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW  YORK  STATE
INCLUDING  AT LEAST TEN THOUSAND DOLLARS FROM AT LEAST ONE HUNDRED INDI-
VIDUAL CONTRIBUTORS WHO RESIDE IN THE SENATE DISTRICT OR RESIDE  IN  ANY
PORTION  OF  ANY COUNTY WHICH CONSTITUTES ANY MEASURE OF THE DISTRICT IN
WHICH THE SEAT IS TO BE FILLED.
  (D) MEMBERS OF THE ASSEMBLY IN A PRIMARY, GENERAL OR SPECIAL ELECTION.
NOT LESS THAN TEN THOUSAND DOLLARS FROM AT LEAST ONE  HUNDRED  MATCHABLE
CONTRIBUTIONS  MADE  UP  OF  SUMS OF UP TO TWO HUNDRED FIFTY DOLLARS PER
INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE INCLUDING AT  LEAST
FIVE  THOUSAND DOLLARS FROM AT LEAST FIFTY INDIVIDUALS WHO RESIDE IN THE

S. 4705                            14

ASSEMBLY DISTRICT OR RESIDE IN ANY PORTION OF ANY COUNTY  WHICH  CONSTI-
TUTES ANY MEASURE OF THE DISTRICT IN WHICH THE SEAT IS TO BE FILLED.
  (E)  AT-LARGE  DELEGATE TO A CONSTITUTIONAL CONVENTION IN A PRIMARY OR
GENERAL ELECTION. NOT LESS THAN TWENTY THOUSAND DOLLARS  FROM  AT  LEAST
TWO HUNDRED MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED
FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
  (F)  DISTRICT  DELEGATE TO A CONSTITUTIONAL CONVENTION IN A PRIMARY OR
GENERAL ELECTION. NOT LESS THAN FIVE  THOUSAND  DOLLARS  FROM  AT  LEAST
FIFTY MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY
DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN THE DISTRICT OR IN THE
CONSTITUENT COUNTY OR RESIDES IN ANY PORTION OF ANY COUNTY WHICH CONSTI-
TUTES ANY MEASURE OF THE DISTRICT IN WHICH THE SEAT IS TO BE FILLED.
  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, THAT
SUCH CANDIDATE WILL BE BOUND BY THE PROVISIONS OF THIS TITLE, INCLUDING,
BUT NOT LIMITED TO, THE PUBLIC FUNDS RECEIPT LIMITS OF THIS TITLE.
  4. CANDIDATES 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.  THE  PROVISIONS OF THIS SUBDIVISION SHALL NOT
APPLY TO CANDIDATES FOR THE OFFICE OF LIEUTENANT GOVERNOR.
  5. CANDIDATES WHO ARE UNOPPOSED IN A GENERAL OR SPECIAL ELECTION SHALL
NOT BE ELIGIBLE TO RECEIVE PUBLIC FUNDS.
  6. NO CANDIDATE FOR ELECTION TO AN OFFICE IN  A  PRIMARY,  GENERAL  OR
SPECIAL  ELECTION WHO HAS ELECTED TO PARTICIPATE IN THE PUBLIC FINANCING
SYSTEM SHALL BE DEEMED OPPOSED AND RECEIVE PUBLIC FUNDS UNLESS THERE  IS
AT LEAST ONE OTHER CANDIDATE, AS DEFINED BY SUBDIVISION SEVEN OF SECTION
14-100 OF THIS TITLE FOR SUCH OFFICE IN SUCH ELECTION.
  S  14-208.  QUALIFIED  CAMPAIGN EXPENDITURES. 1. PUBLIC FUNDS PROVIDED
UNDER THE PROVISIONS OF THIS TITLE MAY ONLY BE USED FOR EXPENDITURES  BY
THE PARTICIPATING COMMITTEE AUTHORIZED BY THE CANDIDATE TO MAKE EXPENDI-
TURES  ON SUCH CANDIDATE'S BEHALF, TO FURTHER THE CANDIDATE'S NOMINATION
OR ELECTION AFTER JANUARY FIRST OF THE YEAR  IN  WHICH  THE  PRIMARY  OR
GENERAL ELECTION IS HELD FOR THE OFFICE SOUGHT, FOR SERVICES, MATERIALS,
FACILITIES  OR OTHER THINGS OF VALUE USED DURING THAT CAMPAIGN CYCLE OR,
IN THE CASE OF A SPECIAL ELECTION, FOR EXPENDITURES  DURING  THE  PERIOD
COMMENCING  THREE  MONTHS BEFORE AND ENDING ONE MONTH AFTER SUCH SPECIAL
ELECTION.
  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 IN EXCESS  OF  THE  FAIR
MARKET  VALUE OF SUCH SERVICES, MATERIALS, FACILITIES OR OTHER THINGS OF
VALUE RECEIVED IN EXCHANGE;
  (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  PARTICIPATING  CANDIDATE,  OR  THE
ONLY  REMAINING OPPONENT OF SUCH CANDIDATE, HAS BEEN DISQUALIFIED OR HAD
SUCH CANDIDATE'S PETITIONS DECLARED INVALID BY A BOARD OF ELECTIONS OR A
COURT OF  COMPETENT  JURISDICTION  UNTIL  AND  UNLESS  SUCH  FINDING  IS
REVERSED BY A HIGHER AUTHORITY.

S. 4705                            15

  (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.
  S 14-210. OPTIONAL PUBLIC FINANCING. 1. PARTICIPATING  CANDIDATES  FOR
NOMINATION  OR  ELECTION  IN  PRIMARY, GENERAL AND SPECIAL ELECTIONS MAY
OBTAIN PAYMENT TO A PARTICIPATING COMMITTEE FROM PUBLIC FUNDS FOR QUALI-
FIED CAMPAIGN EXPENDITURES. NO SUCH PUBLIC FUNDS  SHALL  BE  PAID  TO  A
PARTICIPATING  COMMITTEE  UNTIL THE CANDIDATE HAS QUALIFIED TO APPEAR ON
THE BALLOT AND FILED A SWORN STATEMENT WITH  THE  FAIR  ELECTIONS  BOARD
ELECTING  TO  PARTICIPATE  IN  THE  OPTIONAL PUBLIC FINANCING SYSTEM AND
AGREEING TO ABIDE BY THE REQUIREMENTS OF THIS TITLE.  PAYMENTS SHALL NOT
EXCEED THE AMOUNTS SPECIFIED IN THIS TITLE, AND SHALL BE  MADE  ONLY  IN
ACCORDANCE  WITH THE PROVISIONS OF THIS TITLE. SUCH PAYMENTS MAY ONLY BE
MADE TO A PARTICIPATING CANDIDATE'S PARTICIPATING 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.  THE  PARTICIPATING COMMITTEE OF EACH PARTICIPATING CANDIDATE SHALL
BE ENTITLED TO SIX DOLLARS IN PUBLIC FUNDS FOR EACH ONE DOLLAR OF MATCH-
ABLE CONTRIBUTIONS OBTAINED AND REPORTED TO THE FAIR ELECTIONS BOARD  IN
ACCORDANCE  WITH  THE  PROVISIONS OF THIS TITLE, PROVIDED, HOWEVER, SUCH
PUBLIC FUNDS SHALL ONLY BE USED FOR QUALIFIED CAMPAIGN EXPENDITURES.
  3. (A) NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO  IS
UNOPPOSED  IN  A  PRIMARY ELECTION SHALL BE ENTITLED TO PAYMENT FROM THE
FUND FOR QUALIFIED CAMPAIGN EXPENDITURES.
  (B) WHERE THERE IS A CONTEST IN SUCH PRIMARY FOR THE NOMINATION OF  AT
LEAST ONE OTHER PARTY FOR SUCH OFFICE, THE PARTICIPATING COMMITTEE OF AN
UNOPPOSED  PARTICIPATING CANDIDATE FOR NOMINATION MAY RAISE AND SPEND AN
AMOUNT EQUAL TO ONE-HALF THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE,
AS FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT  PUBLIC
FUNDS, WITH CONTRIBUTIONS OF UP TO TWO THOUSAND DOLLARS PER CONTRIBUTOR.
SUCH  PAYMENT  CAN ONLY BE EXPENDED FOR PROPERTY, SERVICES OR FACILITIES
USED ON OR BEFORE THE DATE OF SUCH PRIMARY ELECTION.
  4. THE FAIR ELECTIONS BOARD SHALL  PROMPTLY  EXAMINE  ALL  REPORTS  OF
CONTRIBUTIONS  TO  DETERMINE  WHETHER,  ON  THEIR  FACE,  THEY  MEET THE
REQUIREMENTS FOR MATCHABLE CONTRIBUTIONS, AND SHALL  KEEP  A  RECORD  OF
SUCH CONTRIBUTIONS.
  5.  THE  FAIR  ELECTIONS  BOARD  SHALL  PROMULGATE REGULATIONS FOR THE
CERTIFICATION OF THE AMOUNT OF FUNDS PAYABLE BY  THE  COMPTROLLER,  FROM
THE  FUND  ESTABLISHED  PURSUANT  TO  SECTION  NINETY-TWO-T OF THE STATE
FINANCE LAW, TO A PARTICIPATING CANDIDATE THAT HAS QUALIFIED TO  RECEIVE
SUCH  PAYMENT.  THESE  REGULATIONS  SHALL  INCLUDE  THE PROMULGATION AND
DISTRIBUTION OF FORMS ON WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO  BE
REPORTED,  THE  PERIODS  DURING WHICH SUCH REPORTS MUST BE FILED AND THE
VERIFICATION REQUIRED. THE BOARD SHALL INSTITUTE PROCEDURES  WHICH  WILL
MAKE POSSIBLE PAYMENT BY THE FUND WITHIN TWO BUSINESS DAYS AFTER RECEIPT
OF THE REQUIRED FORMS AND VERIFICATIONS.
  S  14-212.  CONTRIBUTION  AND RECEIPT LIMITATIONS. 1.  IN ANY PRIMARY,
SPECIAL OR GENERAL ELECTION FOR ANY STATEWIDE OFFICE, STATE  LEGISLATIVE
OFFICE  OR  CONSTITUTIONAL CONVENTION DELEGATE NO CONTRIBUTOR MAY MAKE A
CONTRIBUTION TO ANY PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S  PARTIC-
IPATING  COMMITTEE,  AND  NO  PARTICIPATING  CANDIDATE  OR PARTICIPATING

S. 4705                            16

COMMITTEE MAY ACCEPT ANY CONTRIBUTION FROM ANY CONTRIBUTOR WHICH, IN THE
AGGREGATE AMOUNT, IS GREATER THAN TWO THOUSAND DOLLARS.
  2.  (A) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE
AS FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT  PUBLIC
FUNDS,  A PARTICIPATING CANDIDATE FOR GOVERNOR OR LIEUTENANT GOVERNOR IN
A PRIMARY OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING  COMMIT-
TEE  MAY  ACCEPT  FROM A STATE CONSTITUTED COMMITTEE WHICH HAS NOMINATED
SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE,  DOES  NOT
EXCEED  TWO  MILLION  FIVE  HUNDRED THOUSAND DOLLARS; PROVIDED, HOWEVER,
THAT TWENTY-FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A
TRANSFER.
  (B) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE  AS
FIXED  BY  THIS  TITLE  FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
FUNDS, A PARTICIPATING CANDIDATE FOR ATTORNEY GENERAL OR COMPTROLLER  IN
A  PRIMARY OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING COMMIT-
TEE MAY ACCEPT FROM A STATE CONSTITUTED COMMITTEE  WHICH  HAS  NOMINATED
SUCH  CANDIDATE  SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT
EXCEED ONE MILLION DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE  PERCENT
OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (C)  NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS
FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE  ELECTED  TO  ACCEPT  PUBLIC
FUNDS, A PARTICIPATING CANDIDATE FOR STATE SENATOR IN A PRIMARY, GENERAL
OR  SPECIAL  ELECTION  OR  SUCH  CANDIDATE'S PARTICIPATING COMMITTEE MAY
ACCEPT FROM A STATE  CONSTITUTED  COMMITTEE  WHICH  HAS  NOMINATED  SUCH
CANDIDATE  SERVICES  IN    AN  AMOUNT  WHICH, IN THE AGGREGATE, DOES NOT
EXCEED ONE HUNDRED THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE
PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (D) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE  AS
FIXED  BY  THIS  TITLE  FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
FUNDS, A PARTICIPATING CANDIDATE FOR MEMBER OF THE ASSEMBLY IN A  PRIMA-
RY,  GENERAL  OR  SPECIAL  ELECTION  OR  SUCH  CANDIDATE'S PARTICIPATING
COMMITTEE MAY ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS  NOMI-
NATED SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES
NOT  EXCEED  FIFTY THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE
PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (E) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE  AS
FIXED  BY  THIS  TITLE  FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
FUNDS, A PARTICIPATING CANDIDATE FOR DELEGATE AT-LARGE  TO  A  CONSTITU-
TIONAL  CONVENTION IN A GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPAT-
ING COMMITTEE MAY ACCEPT FROM A STATE CONSTITUTED  COMMITTEE  WHICH  HAS
NOMINATED  SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE,
DOES NOT EXCEED FIFTY THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT  TWENTY-
FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (F)  NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS
FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE  ELECTED  TO  ACCEPT  PUBLIC
FUNDS,  A  PARTICIPATING  CANDIDATE FOR DISTRICT DELEGATE TO A CONSTITU-
TIONAL CONVENTION IN A GENERAL ELECTION OR SUCH CANDIDATE'S  PARTICIPAT-
ING  COMMITTEE  MAY  ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS
NOMINATED SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE  AGGREGATE,
DOES   NOT   EXCEED   TEN  THOUSAND  DOLLARS;  PROVIDED,  HOWEVER,  THAT
TWENTY-FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED  IN  THE  FORM  OF  A
TRANSFER.
  (G)  FOR  PURPOSES  OF  THIS  SUBDIVISION,  THE TERM STATE CONSTITUTED
COMMITTEE INCLUDES ANY OF ITS SUBCOMMITTEES.
  3. NOTWITHSTANDING ANY PUBLIC FUNDS RECEIPT LIMIT IN THIS SUBDIVISION,
EACH COUNTY COMMITTEE OF ANY  PARTY  WHICH  NOMINATES  A  CANDIDATE  FOR

S. 4705                            17

STATEWIDE  OFFICE OR STATE LEGISLATIVE OFFICE, INCLUDING WITHIN THE TERM
COUNTY COMMITTEE ANY OF ITS SUBCOMMITTEES, MAY EXPEND IN SUPPORT OF SUCH
PARTY'S CANDIDATES FOR STATEWIDE OFFICE OR STATE LEGISLATIVE OFFICE  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.
  4. IN COMPUTING THE AGGREGATE AMOUNT EXPENDED  FOR  PURPOSES  OF  THIS
SECTION,  EXPENDITURES MADE BY A STATE CONSTITUTED COMMITTEE OR A COUNTY
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 FAIR ELECTIONS BOARD OR, IN THE ABSENCE OF SUCH OFFI-
CIAL FORMULAS, IN ACCORDANCE WITH A FORMULA BASED UPON REASONABLE STAND-
ARDS.  THE  STATEMENTS FILED BY SUCH CONSTITUTED COMMITTEE IN ACCORDANCE
WITH THIS CHAPTER SHALL SET FORTH, IN ADDITION TO THE OTHER  INFORMATION
REQUIRED,  THE TOTAL AMOUNT EXPENDED BY THE PARTY COMMITTEE ON BEHALF OF
ALL SUCH CANDIDATES AND THE AMOUNT ALLOCATED TO EACH CANDIDATE BY DOLLAR
AMOUNT AND PERCENTAGE.  EXPENDITURES BY A 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 OPPOSITION TO A CANDIDATE.
  5.  A  PARTICIPATING  CANDIDATE  FOR  A PUBLIC OFFICE FOR WHICH PUBLIC
FUNDS ARE AVAILABLE PURSUANT TO THIS TITLE SHALL NOT ACCEPT ANY CONTRIB-
UTIONS ANY EARLIER THAN ONE DAY AFTER THE PREVIOUS GENERAL ELECTION  FOR
THE OFFICE WHICH SUCH CANDIDATE IS SEEKING, OR ANY LATER THAN THE DAY OF
THE  GENERAL ELECTION FOR THE OFFICE SOUGHT, EXCEPT THAT A PARTICIPATING
CANDIDATE OR PARTICIPATING COMMITTEE WHICH HAS A DEFICIT ON THE  DAY  OF
THE GENERAL ELECTION MAY, AFTER SUCH DATE, ACCEPT CONTRIBUTIONS WHICH DO
NOT EXCEED THE AMOUNT OF SUCH DEFICIT AND THE EXPENSES INCURRED IN RAIS-
ING SUCH CONTRIBUTIONS OR THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED
BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS.
  6.  EXCEPT FOR THE LIMITATIONS SPECIFICALLY SET FORTH IN THIS SECTION,
PARTICIPATING CANDIDATES SHALL BE SUBJECT  TO  THE  PROVISIONS  OF  THIS
ARTICLE.
  S  14-214.  LIMITATIONS ON THE RECEIPT OF PUBLIC FUNDS.  THE FOLLOWING
LIMITATIONS APPLY TO THE RECEIPT OF PUBLIC FUNDS BY PARTICIPATING CANDI-
DATES AND THEIR PARTICIPATING COMMITTEES  RECEIVING  SUCH  PUBLIC  FUNDS
PURSUANT TO THE PROVISIONS OF THIS TITLE:
  1.  IN  ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS BY PARTICIPATING
CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
  (I) FOR GOVERNOR, THE SUM OF NINE MILLION DOLLARS;
  (II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
OF SIX MILLION DOLLARS;
  (III) FOR SENATOR, THE SUM OF THREE HUNDRED FIFTY THOUSAND DOLLARS;
  (IV) FOR MEMBER OF THE ASSEMBLY, THE SUM OF ONE HUNDRED FIFTY THOUSAND
DOLLARS;
  (V) FOR AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION, THE  SUM  OF
ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS;
  (VI) FOR DISTRICT DELEGATES TO A CONSTITUTIONAL CONVENTION, THE SUM OF
FIFTY THOUSAND DOLLARS;
  2.  IN  ANY  GENERAL  OR  SPECIAL ELECTION, RECEIPT OF PUBLIC FUNDS BY
PARTICIPATING CANDIDATES FOR THE FOLLOWING OFFICES AND BY THEIR  PARTIC-
IPATING COMMITTEES SHALL NOT EXCEED THE FOLLOWING AMOUNTS:
  CANDIDATES FOR ELECTION TO THE OFFICE OF:
  GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED)                $12,000,000
  ATTORNEY GENERAL                                           $8,000,000

S. 4705                            18

  COMPTROLLER                                                $8,000,000
  MEMBER OF SENATE                                           $400,000
  MEMBER OF ASSEMBLY                                         $200,000
  DELEGATE AT-LARGE TO A CONSTITUTIONAL CONVENTION           $350,000
  DISTRICT DELEGATE TO A CONSTITUTIONAL CONVENTION           $75,000
  3. PARTICIPATING CANDIDATES FOR OFFICE WHO ARE UNOPPOSED IN THE PRIMA-
RY  ELECTION  MAY  RECEIVE PUBLIC FUNDS 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 RECEIVE IF THEIR NOMINATION WAS CONTESTED IN SUCH PRIMARY
ELECTION PROVIDED THERE IS A PRIMARY CONTEST FOR THE  NOMINATION  OF  AT
LEAST ONE OTHER PARTY FOR SUCH OFFICE.
  4.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE AMOUNT OF
PRIVATE FUNDS A PARTICIPATING  CANDIDATE  MAY  RECEIVE  SUBJECT  TO  THE
CONTRIBUTION LIMITS CONTAINED IN SECTION 14-212 OF THIS TITLE.
  5.  AT  THE  BEGINNING OF EACH SECOND CALENDAR YEAR, COMMENCING IN TWO
THOUSAND SIXTEEN, THE FAIR ELECTIONS BOARD SHALL DETERMINE THE  PERCENT-
AGE OF THE DIFFERENCE BETWEEN THE MOST RECENT AVAILABLE MONTHLY CONSUMER
PRICE  INDEX  FOR ALL URBAN CONSUMERS PUBLISHED BY THE THE UNITED STATES
BUREAU OF LABOR STATISTICS AND SUCH CONSUMER PRICE INDEX  PUBLISHED  FOR
THE  SAME  MONTH  FOUR YEARS PREVIOUSLY. THE AMOUNT OF EACH PUBLIC FUNDS
RECEIPT LIMITATION FIXED IN THIS SECTION SHALL BE ADJUSTED BY THE AMOUNT
OF SUCH PERCENTAGE DIFFERENCE TO THE CLOSEST ONE HUNDRED DOLLARS BY  THE
STATE BOARD WHICH, NOT LATER THAN THE FIRST DAY OF FEBRUARY IN EACH SUCH
YEAR,  SHALL  ISSUE  A  REGULATION  PUBLISHING  THE  AMOUNT OF EACH SUCH
CONTRIBUTION LIMIT. EACH PUBLIC FUND RECEIPT LIMIT AS SO ADJUSTED  SHALL
BE THE PUBLIC FUNDS RECEIPT LIMIT IN EFFECT FOR ANY ELECTION HELD BEFORE
THE NEXT SUCH ADJUSTMENT.
  S  14-216.  FAIR ELECTIONS BOARD; GENERAL POWERS AND DUTIES. 1.  THERE
SHALL BE A BOARD WITHIN THE STATE BOARD OF ELECTIONS KNOWN AS THE  "FAIR
ELECTIONS  BOARD" COMPOSED OF FIVE MEMBERS, OF WHICH ONE MEMBER SHALL BE
APPOINTED BY THE GOVERNOR AND ONE MEMBER  SHALL  BE  APPOINTED  BY  EACH
LEGISLATIVE  LEADER  OF  THE SENATE AND ASSEMBLY.  NO MEMBER OF THE FAIR
ELECTIONS BOARD SHALL HOLD ELECTIVE OFFICE, NOR SHALL ANY  MEMBER  BE  A
LOBBYIST  AS DEFINED IN SUBDIVISION (A) OF SECTION ONE-C OF THE LEGISLA-
TIVE LAW. THE CHAIR SHALL BE RESPONSIBLE FOR MANAGING THE FAIR ELECTIONS
BOARD. THE MEMBERS SHALL EACH SERVE FOR A TERM OF FOUR YEARS.
  2. EACH MEMBER'S TERM SHALL COMMENCE ON JANUARY  FIRST,  TWO  THOUSAND
FOURTEEN. IN CASE OF A VACANCY IN THE OFFICE OF A MEMBER, A MEMBER SHALL
BE  APPOINTED  ACCORDING  TO  THE  ORIGINAL  MANNER OF APPOINTMENT. EACH
MEMBER SHALL BE A RESIDENT OF THE STATE OF NEW YORK  AND  REGISTERED  TO
VOTE  THEREIN.  EACH  MEMBER  SHALL AGREE NOT TO MAKE AND SHALL NOT MAKE
CONTRIBUTIONS TO ANY CANDIDATE OR AUTHORIZED  COMMITTEE  FOR  NOMINATION
FOR  ELECTION  OR  FOR  ELECTION  TO THE OFFICE OF STATE COMPTROLLER. NO
MEMBER SHALL SERVE AS AN OFFICER OF A POLITICAL PARTY OR COMMITTEE OR BE
A CANDIDATE OR PARTICIPATE IN ANY CAPACITY IN A CAMPAIGN BY A  CANDIDATE
FOR  NOMINATION  FOR  ELECTION,  OR  FOR ELECTION TO THE OFFICE OF STATE
COMPTROLLER. AN OFFICER OR EMPLOYEE OF THE STATE  OR  ANY  STATE  AGENCY
SHALL NOT BE ELIGIBLE TO BE A MEMBER OF THE FAIR ELECTIONS BOARD.
  3.  THE  MEMBERS  OF  THE  FAIR  ELECTIONS  BOARD SHALL BE ENTITLED TO
RECEIVE PAYMENT FOR  ACTUAL  AND  NECESSARY  EXPENSES  INCURRED  IN  THE
PERFORMANCE OF THEIR DUTIES AS MEMBERS OF SUCH BOARD.
  4.  A  MEMBER  OF THE FAIR ELECTIONS BOARD MAY BE REMOVED FOR CAUSE BY
THE APPOINTING AUTHORITY UPON NOTICE AND AN OPPORTUNITY FOR A HEARING.
  5.  THE FAIR ELECTIONS BOARD SHALL APPOINT AN ENFORCEMENT  COUNSEL,  A
DEPUTY  ENFORCEMENT  COUNSEL, WHO SHALL BE A MEMBER OF A DIFFERENT MAJOR

S. 4705                            19

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  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.
THE FAIR ELECTIONS BOARD MAY UTILIZE EXISTING STAFF OF THE  STATE  BOARD
OF  ELECTIONS  AS  MAY  BE  NECESSARY,  AND  MAKE NECESSARY EXPENDITURES
SUBJECT TO APPROPRIATION. THE FAIR ELECTIONS BOARD SHALL RETAIN AN INDE-
PENDENT AUDITOR TO PERFORM ONGOING AUDITS OF EACH  COVERED  ELECTION  BY
CONTRACT ENTERED INTO PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE OF THE
STATE FINANCE LAW.
  6.  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 THIS SECTION, THE MEMBERS, OR IN THE CASE OF A VACANCY
ON THE FAIR ELECTIONS BOARD, THE MEMBERS, OF  EACH  OF  THE  SAME  MAJOR
POLITICAL PARTY AS THE INCUMBENT ENFORCEMENT COUNSEL, DEPUTY ENFORCEMENT
COUNSEL,  SHALL  APPOINT SUCH COUNSELS, AND DEPUTIES. ANY VACANCY IN THE
OFFICE OF ENFORCEMENT COUNSEL, DEPUTY ENFORCEMENT COUNSEL, SPECIAL COUN-
SEL, SPECIAL DEPUTY COUNSEL, DIRECTOR OF PUBLIC INFORMATION  AND  DEPUTY
DIRECTOR  OF  PUBLIC  INFORMATION  SHALL BE FILLED BY THE MEMBERS OF THE
FAIR ELECTIONS BOARD OR IN THE CASE OF  A  VACANCY  ON  THE  BOARD,  THE
MEMBERS  OF THE SAME MAJOR POLITICAL PARTY AS THE VACATING INCUMBENT FOR
THE REMAINING PERIOD OF THE TERM OF SUCH VACATING INCUMBENT.
  7. IN ADDITION TO THE ENFORCEMENT POWERS, AND  ANY  OTHER  POWERS  AND
DUTIES SPECIFIED BY LAW, THE FAIR ELECTIONS BOARD SHALL:
  (A)(I)  RENDER  ADVISORY  OPINIONS  WITH  RESPECT TO QUESTIONS ARISING
UNDER THIS TITLE UPON THE WRITTEN REQUEST OF A CANDIDATE, AN OFFICER  OF
A  POLITICAL  COMMITTEE  OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITI-
ATIVE; (II) PROMULGATE RULES REGARDING REASONABLE TIMES  TO  RESPOND  TO
SUCH REQUESTS; AND (III) MAKE PUBLIC THE QUESTIONS OF INTERPRETATION FOR
WHICH  ADVISORY  OPINIONS WILL BE CONSIDERED BY THE FAIR ELECTIONS BOARD
AND ITS ADVISORY OPINIONS, INCLUDING BY PUBLICATION ON ITS WEBSITE;
  (B) DEVELOP A PROGRAM FOR INFORMING AND TRAINING  CANDIDATES  AND  THE
PUBLIC  AS  TO  THE  PURPOSE AND EFFECT OF THE PROVISIONS OF THIS TITLE,
INCLUDING BY MEANS OF A WEBSITE;
  (C) HAVE THE AUTHORITY TO PROMULGATE SUCH RULES  AND  REGULATIONS  AND
PRESCRIBE SUCH FORMS AS THE FAIR ELECTIONS BOARD DEEMS NECESSARY FOR THE
ADMINISTRATION OF THIS TITLE; AND
  (D) IN CONJUNCTION WITH THE STATE BOARD OF ELECTIONS DEVELOP AN INTER-
ACTIVE,  SEARCHABLE COMPUTER DATABASE THAT SHALL CONTAIN ALL INFORMATION
NECESSARY FOR THE PROPER ADMINISTRATION OF THIS TITLE INCLUDING INFORMA-
TION ON CONTRIBUTIONS  TO  AND  EXPENDITURES  BY  CANDIDATES  AND  THEIR
AUTHORIZED  COMMITTEES  AND  DISTRIBUTIONS  OF  MONEYS FROM THE FUND AND
SHALL BE ACCESSIBLE TO THE PUBLIC  ON  THE  STATE  BOARD  OF  ELECTIONS'
WEBSITE.
  8.  CONSISTENT WITH THE PROVISIONS OF THE CIVIL SERVICE LAW AND SUBDI-
VISION SEVENTEEN OF SECTION SEVENTY-THREE OF THE  PUBLIC  OFFICERS  LAW,
AND NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, ALL
POSITIONS  ON  THE STAFF OF THE FAIR ELECTIONS BOARD SHALL BE CLASSIFIED
IN THE EXEMPT CLASS OF THE CIVIL SERVICE AND  SUCH  POSITIONS  SHALL  BE
FILLED,  TO  THE  EXTENT  POSSIBLE, WITH AN EQUAL NUMBER OF PERSONS FROM
EACH OF THE TWO POLITICAL PARTIES FOR WHICH THE  HIGHEST  AND  THE  NEXT
HIGHEST NUMBER OF VOTES WERE CAST FOR THE OFFICE OF STATE COMPTROLLER AT
THE LAST PRECEDING GENERAL ELECTION FOR SUCH OFFICE.

S. 4705                            20

  9.  THE  FAIR  ELECTIONS  BOARD'S  ADMINISTRATION OF THE FUND SHALL BE
GOVERNED BY THE PROVISIONS OF THIS TITLE AND SECTION NINETY-TWO-T OF THE
STATE FINANCE LAW.
  10.  THE FAIR ELECTIONS BOARD AND ITS PROCEEDINGS SHALL BE GOVERNED BY
THE STATE ADMINISTRATIVE PROCEDURE ACT AND SUBJECT TO ARTICLES  SIX  AND
SEVEN OF THE PUBLIC OFFICERS LAW.
  11. THE FAIR ELECTIONS BOARD MAY TAKE SUCH OTHER ACTIONS AS ARE NECES-
SARY AND PROPER TO CARRY OUT THE PURPOSES OF THIS TITLE.
  S  14-218.  EXAMINATIONS AND AUDITS. 1. THE FAIR ELECTIONS BOARD SHALL
CONDUCT A THOROUGH EXAMINATION AND AUDIT OF THE CONTRIBUTIONS AND QUALI-
FIED CAMPAIGN EXPENSES OF THE PARTICIPATING COMMITTEE OF  EVERY  PARTIC-
IPATING  CANDIDATE  WHO  RECEIVED PAYMENTS PURSUANT TO SECTION 14-210 OF
THIS TITLE.  SUCH AUDITS SHALL BE CONDUCTED AS FREQUENTLY  AS  THE  FAIR
ELECTIONS  BOARD  DEEMS  NECESSARY TO ENSURE COMPLIANCE WITH THIS TITLE.
EVERY CANDIDATE WHO RECEIVES PUBLIC  MATCHING  FUNDS  UNDER  THIS  TITLE
SHALL  ALSO  BE  AUDITED  BY THE FAIR ELECTIONS BOARD POST-ELECTION. THE
COST OF COMPLYING WITH A POST-ELECTION  AUDIT  SHALL  BE  BORNE  BY  THE
CANDIDATE'S  AUTHORIZED  COMMITTEE.  A CANDIDATE WHO HAS RECEIVED PUBLIC
MATCHING FUNDS UNDER THIS TITLE MUST MAINTAIN A RESERVE OF AT LEAST  ONE
PERCENT OF THE TOTAL AMOUNT OF MATCHING FUNDS RECEIVED BY SUCH CANDIDATE
IN HIS OR HER CAMPAIGN ACCOUNT TO COMPLY WITH THE POST-ELECTION AUDIT. A
CANDIDATE  WHO RUNS IN BOTH A PRIMARY AND A GENERAL ELECTION, MUST MAIN-
TAIN A RESERVE OF ONE PERCENT OF THE TOTAL  AMOUNT  OF  PUBLIC  MATCHING
FUNDS RECEIVED BY SUCH CANDIDATE FOR BOTH HIS OR HER PRIMARY AND GENERAL
ELECTION.  A CANDIDATE MAY USE PUBLIC MATCHING FUNDS, PRIVATE FUNDS OR A
COMBINATION OF PUBLIC AND PRIVATE FUNDS TO COMPLY WITH  A  POST-ELECTION
AUDIT. THE FAIR ELECTIONS BOARD SHALL ISSUE TO EACH CAMPAIGN AUDITED THE
FINAL  POST-ELECTION  AUDIT  REPORT  THAT DETAILS ITS FINDINGS AND SHALL
PROVIDE SUCH AUDIT TO THE GOVERNOR AND LEGISLATIVE LEADERS AND MAKE SUCH
AUDIT REPORT AVAILABLE ON THE STATE BOARD OF ELECTIONS' WEBSITE.
  2. (A) IF THE FAIR ELECTIONS BOARD DETERMINES THAT ANY PORTION OF  THE
PAYMENT MADE TO A PARTICIPATING COMMITTEE FROM THE FUND WAS IN EXCESS OF
THE  AGGREGATE  AMOUNT  OF PAYMENTS TO WHICH SUCH ELIGIBLE CANDIDATE WAS
ENTITLED PURSUANT TO SECTION 14-210 OF THIS TITLE, IT SHALL NOTIFY  SUCH
COMMITTEE  OF THE EXCESS AMOUNT AND SUCH COMMITTEE SHALL PAY TO THE FAIR
ELECTIONS BOARD AN AMOUNT  EQUAL  TO  THE  AMOUNT  OF  EXCESS  PAYMENTS;
PROVIDED,  HOWEVER,  THAT  IF  THE ERRONEOUS PAYMENT WAS DUE TO AN ERROR
MADE BY THE FAIR ELECTIONS BOARD, THEN THE  ERRONEOUS  PAYMENT  WILL  BE
OFFSET  AGAINST  ANY FUTURE PAYMENT, IF ANY. THE PARTICIPATING CANDIDATE
AND HIS OR HER PARTICIPATING COMMITTEE SHALL BE  JOINTLY  AND  SEVERALLY
LIABLE FOR ANY REPAYMENTS DUE TO THE FAIR ELECTIONS BOARD FOR DEPOSIT BY
SUCH BOARD INTO THE NEW YORK STATE CAMPAIGN FUND.
  (B)  IF  THE  BOARD  DETERMINES  THAT  ANY AMOUNT OF PAYMENT MADE TO A
PARTICIPATING COMMITTEE FROM THE FUND WAS USED FOR PURPOSES  OTHER  THAN
TO  DEFRAY QUALIFIED CAMPAIGN EXPENSES, IT SHALL NOTIFY SUCH PARTICIPAT-
ING COMMITTEE OF THE AMOUNT DISQUALIFIED AND SUCH PARTICIPATING  COMMIT-
TEE  SHALL  PAY  TO  THE  FAIR  ELECTIONS  BOARD AN AMOUNT EQUAL TO SUCH
DISQUALIFIED AMOUNT.  SUCH MONIES SHALL BE DEPOSITED INTO THE  NEW  YORK
STATE  CAMPAIGN FINANCE FUND CREATED PURSUANT TO SECTION NINETY-TWO-T OF
THE STATE FINANCE LAW.   THE CANDIDATE AND  THE  CANDIDATE'S  AUTHORIZED
COMMITTEE  SHALL  BE JOINTLY AND SEVERALLY LIABLE FOR ANY REPAYMENTS DUE
TO THE FAIR ELECTIONS BOARD.
  (C) IF THE TOTAL OF CONTRIBUTIONS AND PAYMENTS FROM THE FUND  RECEIVED
BY  ANY  PARTICIPATING  CANDIDATE  AND  SUCH  CANDIDATE'S  PARTICIPATING
COMMITTEE, EXCEEDS THE PUBLIC FUNDING RECEIPT LIMITATION OF SUCH  CANDI-
DATE  AND  COMMITTEE, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS

S. 4705                            21

FUNDS TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH COMMITTEE FROM
THE FUND NOT LATER THAN TEN DAYS AFTER ALL PERMISSIBLE LIABILITIES  HAVE
BEEN PAID AND IN ANY EVENT, NOT LATER THAN TWENTY DAYS AFTER THE DATE ON
WHICH  THE  FAIR  ELECTIONS  BOARD ISSUES ITS FINAL AUDIT REPORT FOR THE
PARTICIPATING CANDIDATE'S COMMITTEE; PROVIDED, HOWEVER, THAT ALL UNSPENT
MATCHING FUNDS FOR A PARTICIPATING CANDIDATE SHALL  BE  IMMEDIATELY  DUE
AND  PAYABLE  TO  THE FAIR ELECTIONS BOARD FOR DEPOSIT INTO THE NEW YORK
STATE CAMPAIGN FINANCE FUND UPON ITS DETERMINATION THAT THE  PARTICIPANT
WILLFULLY  DELAYED  THE  POST-ELECTION  AUDIT  PROCESS.  A PARTICIPATING
CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES ONLY  FOR  ROUTINE  ACTIV-
ITIES  INVOLVING  NOMINAL  COSTS  ASSOCIATED  WITH ENDING A CAMPAIGN AND
RESPONDING TO THE POST-ELECTION AUDIT.
  3. IF A COURT OF COMPETENT JURISDICTION DISQUALIFIES A CANDIDATE WHOSE
PARTICIPATING 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
CANDIDATE  AND SUCH CANDIDATE'S PARTICIPATING COMMITTEE SHALL PAY TO THE
FAIR ELECTIONS BOARD AN AMOUNT  EQUAL  TO  THE  TOTAL  OF  PUBLIC  FUNDS
RECEIVED BY SUCH PARTICIPATING COMMITTEE.
  4.  THE  BOARD  MUST PROVIDE WRITTEN NOTICE OF ALL PAYMENTS DUE FROM A
PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE TO THE  BOARD  AND
PROVIDE AN OPPORTUNITY FOR THE CANDIDATE OR COMMITTEE TO REBUT, IN WHOLE
OR  IN  PART, THE ALLEGED AMOUNT DUE. UPON A FINAL WRITTEN DETERMINATION
BY THE BOARD, THE AMOUNT DUE SHALL BE PAID TO THE  BOARD  WITHIN  THIRTY
DAYS OF SUCH DETERMINATION.
  5.  ALL  PAYMENTS RECEIVED BY THE BOARD PURSUANT TO THIS SECTION SHALL
BE DEPOSITED IN THE NEW YORK STATE CAMPAIGN FINANCE FUND ESTABLISHED  BY
SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  S 14-220. CIVIL ENFORCEMENT. 1. ANY PERSON OR AUTHORIZED COMMITTEE WHO
KNOWINGLY AND WILFULLY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS
OF  THIS  TITLE  SHALL  BE  SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THE
AMOUNT OF FIVE THOUSAND DOLLARS.
  2. ANY PERSON OR AUTHORIZED COMMITTEE WHO KNOWINGLY AND  INTENTIONALLY
VIOLATES ANY OTHER PROVISION OF THIS TITLE OR ANY RULE PROMULGATED HERE-
UNDER  SHALL  BE  SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THE AMOUNT OF
TEN THOUSAND DOLLARS.
  3. FINES AUTHORIZED UNDER THIS SECTION WILL BE  IMPOSED  BY  THE  FAIR
ELECTIONS  BOARD  AFTER A HEARING AT WHICH THE SUBJECT PERSON OR AUTHOR-
IZED COMMITTEE SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD.  SUCH  HEARING
SHALL  BE  HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY BE PRESCRIBED
BY THE RULES OF THE FAIR ELECTIONS BOARD.  FOR  PURPOSES  OF  CONDUCTING
SUCH  HEARINGS, THE FAIR ELECTIONS BOARD SHALL BE DEEMED TO BE AN AGENCY
WITHIN THE MEANING OF ARTICLE THREE OF THE STATE  ADMINISTRATIVE  PROCE-
DURE  ACT  AND  SHALL  ADOPT RULES GOVERNING THE CONDUCT OF ADJUDICATORY
PROCEEDINGS AND APPEALS TAKEN PURSUANT TO A PROCEEDING  COMMENCED  UNDER
ARTICLE  SEVENTY-EIGHT  OF  THE CIVIL PRACTICE LAW AND RULES RELATING TO
THE ASSESSMENT OF THE CIVIL PENALTIES HEREIN AUTHORIZED.
  4. THE FAIR ELECTIONS BOARD  SHALL  PUBLISH  ON  THE  STATE  BOARD  OF
ELECTIONS'  WEBSITE  THE  FINAL  ORDER  ADJUDICATING  ANY MATTER BROUGHT
PURSUANT TO THIS SECTION.
  5. ALL PAYMENTS RECEIVED BY THE FAIR ELECTIONS BOARD PURSUANT TO  THIS
SECTION  SHALL  BE  DEPOSITED  IN THE NEW YORK STATE FAIR ELECTIONS FUND
ESTABLISHED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  S 14-222. CRIMINAL PENALTIES. 1. ANY PERSON WHO KNOWINGLY AND WILLFUL-
LY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS OF THIS TITLE WITH-
IN TEN DAYS AFTER THE DATE PROVIDED FOR SUCH, OR ANYONE  THAT  KNOWINGLY

S. 4705                            22

AND WILLFULLY VIOLATES ANY OTHER PROVISION OF THIS TITLE SHALL BE GUILTY
OF  A  MISDEMEANOR  AND,  IN  ADDITION TO SUCH OTHER PENALTIES AS MAY BE
PROVIDED BY LAW, SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT  OF
TEN THOUSAND DOLLARS.
  2. ANY PERSON WHO KNOWINGLY AND WILLFULLY CONTRIBUTES, ACCEPTS OR AIDS
OR  PARTICIPATES  IN THE CONTRIBUTION OR ACCEPTANCE OF A CONTRIBUTION IN
AN AMOUNT EXCEEDING AN APPLICABLE  MAXIMUM  SPECIFIED  IN  THIS  ARTICLE
SHALL  BE  GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A FINE NOT TO
EXCEED THE AMOUNT OF TEN THOUSAND DOLLARS.
  3. ANY PERSON WHO KNOWINGLY AND WILLFULLY MAKES A FALSE  STATEMENT  OR
KNOWINGLY  OMITS A MATERIAL FACT TO THE FAIR ELECTIONS BOARD OR AN AUDI-
TOR DESIGNATED BY THE FAIR ELECTIONS BOARD DURING  ANY  AUDIT  CONDUCTED
PURSUANT  TO  SECTION  14-218 OF THIS TITLE SHALL BE GUILTY OF A CLASS E
FELONY.
  4. IN ADDITION TO ANY OTHER SENTENCE LAWFULLY IMPOSED UPON  A  FINDING
OF  GUILT IN A CRIMINAL PROSECUTION COMMENCED PURSUANT TO THE PROVISIONS
OF THIS SECTION, THE COURT MAY ORDER A DEFENDANT TO REPAY  TO  THE  FAIR
ELECTIONS  BOARD  ANY  PUBLIC MATCHING FUNDS OBTAINED AS A RESULT OF ANY
CRIMINAL CONDUCT.
  5. ALL SUCH PROSECUTIONS FOR CRIMINAL ACTS UNDER THIS TITLE  SHALL  BE
PROSECUTED  BY  THE  ATTORNEY GENERAL OF THE STATE OF NEW YORK EXCEPT AS
PROVIDED IN PARAGRAPH (B) OF SUBDIVISION ELEVEN OF SECTION 3-104 OF THIS
CHAPTER.
  6. ANY AND ALL FINES IMPOSED PURSUANT TO THIS SECTION  SHALL  BE  MADE
PAYABLE  TO THE FAIR ELECTIONS BOARD FOR DEPOSIT INTO THE NEW YORK STATE
CAMPAIGN FINANCE FUND.
  S 14-224. REPORTS. THE FAIR ELECTIONS BOARD SHALL SUBMIT A  REPORT  TO
THE  GOVERNOR  AND  LEGISLATIVE LEADERS ON OR BEFORE FEBRUARY FIRST, TWO
THOUSAND SIXTEEN, AND EVERY FOUR YEARS THEREAFTER, WHICH SHALL INCLUDE:
  1. A LIST OF THE  PARTICIPATING  AND  NONPARTICIPATING  CANDIDATES  IN
COVERED  ELECTIONS  AND  THE  VOTES  RECEIVED BY EACH CANDIDATE IN THOSE
ELECTIONS;
  2. THE AMOUNT OF CONTRIBUTIONS AND LOANS  RECEIVED,  AND  EXPENDITURES
MADE, ON BEHALF OF PARTICIPATING AND NONPARTICIPATING CANDIDATES;
  3.  THE  AMOUNT  OF PUBLIC MATCHING FUNDS EACH PARTICIPATING CANDIDATE
RECEIVED, SPENT, AND REPAID PURSUANT TO THIS ARTICLE;
  4. ANALYSIS OF THE EFFECT OF THIS TITLE ON THE ELECTION CAMPAIGNS  FOR
ALL  OFFICES  COVERED  UNDER SECTION 14-206 OF THIS TITLE, INCLUDING ITS
EFFECT ON THE SOURCES AND AMOUNTS OF PRIVATE  FINANCING,  THE  LEVEL  OF
CAMPAIGN  EXPENDITURES,  VOTER  PARTICIPATION, THE NUMBER OF CANDIDATES,
THE CANDIDATES' ABILITIES TO CAMPAIGN EFFECTIVELY FOR PUBLIC OFFICE, AND
THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
  5. RECOMMENDATIONS FOR CHANGES OR AMENDMENTS TO THIS TITLE,  INCLUDING
CHARGES IN CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY AND LIMITS ON
TOTAL  MATCHING  FUNDS  AS  WELL AS INSTITUTING A PROGRAM OF FULL PUBLIC
CAMPAIGN FINANCING FOR ELECTION FOR ALL STATEWIDE OFFICES; AND
  6. ANY OTHER INFORMATION THAT THE FAIR ELECTIONS BOARD DEEMS RELEVANT.
  S 14-226. DEBATES. THE FAIR ELECTIONS  BOARD  SHALL  PROMULGATE  REGU-
LATIONS  TO  FACILITATE DEBATES AMONG PARTICIPATING CANDIDATES.  PARTIC-
IPATING CANDIDATES ARE REQUIRED TO PARTICIPATE IN AT  LEAST  ONE  DEBATE
BEFORE THE PRIMARY ELECTION AND IN AT LEAST ONE DEBATE BEFORE THE GENER-
AL  ELECTION  FOR  WHICH THE CANDIDATE RECEIVES PUBLIC FUNDS, UNLESS THE
PARTICIPATING CANDIDATE IS RUNNING UNOPPOSED. A NONPARTICIPATING  CANDI-
DATE MAY BE A PARTY TO SUCH DEBATES.
  S  14-228.  DISTRIBUTIONS  FROM CAMPAIGN FINANCE FUND. 1. THIS SECTION
GOVERNS THE FAIR ELECTIONS BOARD'S  DISTRIBUTION    OF  FUNDS  FROM  THE

S. 4705                            23

CAMPAIGN  FINANCE  FUND  CREATED  BY  SECTION  NINETY-TWO-T OF THE STATE
FINANCE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE.
  2.  NO  MONEYS  SHALL BE PAID TO PARTICIPATING CANDIDATES IN A PRIMARY
ELECTION ANY EARLIER THAN TWO WEEKS AFTER THE LAST DAY TO FILE DESIGNAT-
ING PETITIONS FOR SUCH PRIMARY ELECTION.
  3. NO MONEYS SHALL BE PAID TO PARTICIPATING CANDIDATES  IN  A  GENERAL
ELECTION  ANY  EARLIER  THAN  A  WEEK AFTER THE PRIMARY ELECTION HELD TO
NOMINATE CANDIDATES FOR SUCH ELECTION.
  4. NO MONEYS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO HAS BEEN
DISQUALIFIED BY THE FAIR ELECTIONS BOARD OR WHOSE DESIGNATING  PETITIONS
HAVE BEEN DECLARED INVALID BY THE STATE BOARD OF ELECTIONS OR A COURT OF
COMPETENT  JURISDICTION  UNTIL AND UNLESS SUCH FINDING IS REVERSED BY AN
APPELLATE COURT.
  5. NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A  CANDIDATE  OR
SUCH  A  CANDIDATE'S  AUTHORIZED COMMITTEE ON THE DATE OF SUCH DISQUALI-
FICATION OR INVALIDATION MAY THEREAFTER  BE  EXPENDED  FOR  ANY  PURPOSE
EXCEPT  THE PAYMENT OF LIABILITIES INCURRED BEFORE THAT DATE. ALL EXCESS
PUBLIC MONEYS PAID TO A DISQUALIFIED CANDIDATE SHALL BE RETURNED TO  THE
FUND  NOT  LESS  THAN  THIRTY  DAYS AFTER THE GENERAL ELECTION FOR THOSE
PARTICIPATING CANDIDATES WHO RECEIVED  PUBLIC  MONEYS  FOR  THE  GENERAL
ELECTION,  AND  OTHERWISE,  NOT  LESS THAN THIRTY DAYS AFTER THE PRIMARY
ELECTION FOR THOSE PARTICIPATING CANDIDATES WHO RECEIVED  PUBLIC  MONEYS
SOLELY FOR THE PRIMARY ELECTION.
  6.  (A) PARTICIPATING CANDIDATES SHALL PAY TO THE FAIR ELECTIONS BOARD
UNSPENT PUBLIC CAMPAIGN FUNDS FROM AN ELECTION  NOT  LATER  THAN  THIRTY
DAYS  AFTER  ALL LIABILITIES FOR THE ELECTION HAVE BEEN PAID AND, IN ANY
EVENT, NOT LESS THAN TWENTY DAYS AFTER THE  DATE  UPON  WHICH  THE  FAIR
ELECTIONS  BOARD  ISSUES  ITS  FINAL  AUDIT REPORT FOR THE PARTICIPATING
CANDIDATE'S  COMMITTEE;  PROVIDED,  HOWEVER,  THAT  ALL  UNSPENT  PUBLIC
CAMPAIGN  FUNDS  FOR  A PARTICIPATING CANDIDATE SHALL BE IMMEDIATELY DUE
AND PAYABLE TO THE FAIR ELECTIONS BOARD UPON ITS DETERMINATION THAT  THE
PARTICIPATING  CANDIDATE HAS, WITHOUT JUST CAUSE, DELAYED THE POST-ELEC-
TION AUDIT PROCESS. UNSPENT CAMPAIGN FUNDS DETERMINATIONS  MADE  BY  THE
FAIR  ELECTIONS  BOARD  SHALL  BE  BASED  ON THE PARTICIPATING CANDIDATE
COMMITTEE'S RECEIPTS AND EXPENDITURES. THE FAIR ELECTIONS BOARD MAY ALSO
CONSIDER ANY OTHER RELEVANT INFORMATION REVEALED IN THE  COURSE  OF  ITS
AUDITS OR INVESTIGATIONS OR THE INVESTIGATIONS BY ANY OTHER AGENCY.
  (B)(I)  A PARTICIPATING CANDIDATE MAY NOT USE RECEIPTS FOR ANY PURPOSE
OTHER THAN DISBURSEMENTS IN THE PRECEDING  ELECTION  UNTIL  ALL  UNSPENT
PUBLIC  CAMPAIGN FUNDS HAVE BEEN REPAID. A PARTICIPATING CANDIDATE SHALL
HAVE THE BURDEN OF DEMONSTRATING THAT A POST-ELECTION EXPENDITURE IS FOR
THE PRECEDING ELECTION.
  (II) BEFORE REPAYING UNSPENT PUBLIC CAMPAIGN  FUNDS,  A  PARTICIPATING
CANDIDATE  MAY  MAKE  POST-ELECTION EXPENDITURES ONLY FOR ROUTINE ACTIV-
ITIES INVOLVING NOMINAL COSTS ASSOCIATED WITH WINDING UP A CAMPAIGN  AND
RESPONDING  TO  THE  POST-ELECTION AUDIT. SUCH EXPENDITURES MAY INCLUDE:
PAYMENT OF  UTILITY  BILLS  AND  RENT;  REASONABLE  STAFF  SALARIES  AND
CONSULTANT  FEES  FOR  RESPONDING  TO  A POST-ELECTION AUDIT; REASONABLE
MOVING EXPENSES RELATED TO CLOSING A CAMPAIGN  OFFICE;  A  HOLIDAY  CARD
MAILING  TO  CONTRIBUTORS, CAMPAIGN VOLUNTEERS, AND STAFF MEMBERS; THANK
YOU NOTES FOR CONTRIBUTORS,  CAMPAIGN  VOLUNTEERS,  AND  STAFF  MEMBERS;
PAYMENT  OF  TAXES  AND  OTHER  REASONABLE  EXPENSES FOR COMPLIANCE WITH
APPLICABLE  TAX  LAWS;  AND  INTEREST  EXPENSES.  ROUTINE  POST-ELECTION
EXPENDITURES  THAT  MAY  BE  PAID FOR WITH UNSPENT CAMPAIGN FUNDS DO NOT
INCLUDE SUCH ITEMS AS POST-ELECTION MAILINGS OTHER THAN AS  SPECIFICALLY
PROVIDED  FOR  IN  THIS SUBPARAGRAPH; MAKING CONTRIBUTIONS; MAKING BONUS

S. 4705                            24

PAYMENTS OR GIFTS TO STAFF MEMBERS OR VOLUNTEERS; OR HOLDING ANY POST-E-
LECTION DAY EVENT, INCLUDING, BUT NOT LIMITED TO, ANY MEAL OR ANY PARTY.
UNSPENT CAMPAIGN FUNDS MAY NOT BE USED FOR  TRANSITION  OR  INAUGURATION
ACTIVITIES.
  7.  ALL  MONIES  RECEIVED BY THE FAIR ELECTIONS BOARD PURSUANT TO THIS
SECTION SHALL BE DEPOSITED INTO THE NEW YORK STATE CAMPAIGN FINANCE FUND
PURSUANT TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  S 15. The election law is amended by adding a new  section  16-103  to
read as follows:
  S  16-103. PROCEEDINGS AS TO PUBLIC FINANCING. 1. THE DETERMINATION OF
ELIGIBILITY PURSUANT TO SECTION 14-206 OF THIS CHAPTER AND ANY  QUESTION
OR ISSUE RELATING TO PAYMENTS FOR QUALIFIED CAMPAIGN EXPENDITURES PURSU-
ANT  TO  SECTION 14-210 OF THIS CHAPTER MAY BE CONTESTED IN A PROCEEDING
INSTITUTED IN THE SUPREME COURT, ALBANY COUNTY, BY ANY AGGRIEVED  CANDI-
DATE.
  2. A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY OR
PAYMENT  FOR  QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO SECTION 14-210
OF THIS CHAPTER SHALL BE INSTITUTED WITHIN SEVEN DAYS AFTER SUCH  DETER-
MINATION WAS MADE. THE FAIR ELECTIONS BOARD SHALL BE MADE A PARTY TO ANY
SUCH PROCEEDING.
  3.  UPON  THE FAIR ELECTIONS BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE
FROM A PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE  AFTER  THE
ISSUANCE  OF  WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED BY SUBDIVI-
SION FOUR OF SECTION 14-218 OF THIS CHAPTER, SUCH BOARD IS AUTHORIZED TO
INSTITUTE A SPECIAL PROCEEDING OR CIVIL ACTION IN SUPREME COURT,  ALBANY
COUNTY, TO OBTAIN A JUDGMENT FOR ANY AMOUNTS DETERMINED TO BE PAYABLE TO
THE  FAIR  ELECTIONS  BOARD AS A RESULT OF AN EXAMINATION AND AUDIT MADE
PURSUANT TO TITLE TWO OF ARTICLE FOURTEEN OF THIS CHAPTER.
  4. THE FAIR ELECTIONS BOARD  IS  AUTHORIZED  TO  INSTITUTE  A  SPECIAL
PROCEEDING  OR CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A
JUDGMENT FOR CIVIL PENALTIES  DETERMINED  TO  BE  PAYABLE  TO  THE  FAIR
ELECTIONS BOARD PURSUANT TO SECTION 14-218 OF THIS CHAPTER.
  S  16.  The  election  law is amended by adding a new section 4-115 to
read as follows:
  S 4-115. NOTICE TO THE STATE BOARD OF ELECTIONS OF CANDIDATES FOR  THE
LEGISLATURE.  1.  EACH BOARD OF ELECTIONS WITH WHICH PETITIONS ARE FILED
FOR MEMBER OF THE STATE LEGISLATURE SHALL, NOT LATER THAN ONE WEEK AFTER
THE LAST DAY TO FILE SUCH PETITIONS, SEND NOTICE TO THE STATE  BOARD  OF
ELECTIONS  OF  SUCH  INFORMATION  ABOUT  EACH SUCH PETITION AS THE STATE
BOARD SHALL REQUIRE.
  2. EACH SUCH COUNTY BOARD OF ELECTIONS SHALL, NOT LATER THAN  THE  DAY
AFTER THE LAST DAY TO FILE A PETITION OR CERTIFICATE OF NOMINATION FOR A
GENERAL  OR SPECIAL ELECTION OR A CERTIFICATE OF ACCEPTANCE, DECLINATION
OR SUBSTITUTION FOR A GENERAL, PRIMARY OR SPECIAL ELECTION FOR ANY  SUCH
OFFICE, SEND TO THE STATE BOARD OF ELECTIONS SUCH INFORMATION ABOUT EACH
SUCH PETITION OR CERTIFICATE AS THE STATE BOARD SHALL REQUIRE.
  3.  IF  ANY  SUCH COUNTY BOARD OF ELECTIONS SHOULD DISQUALIFY ANY SUCH
CANDIDATE OR RULE THE PETITION OR CERTIFICATE DESIGNATING OR  NOMINATING
ANY SUCH CANDIDATE INVALID, IT SHALL FORTHWITH NOTIFY THE STATE BOARD OF
ELECTIONS OF SUCH DECISION.
  4.  IF ANY SUCH COUNTY BOARD OF ELECTIONS SHALL BE NOTIFIED OF A DECI-
SION OF A COURT OF COMPETENT JURISDICTION DISQUALIFYING ANY SUCH  CANDI-
DATE  OR DECLARING ANY SUCH PETITION INVALID OR REVERSING ANY SUCH DECI-
SION BY SUCH  BOARD  OF  ELECTIONS  OR  ANOTHER  COURT,  SUCH  BOARD  OF
ELECTIONS  SHALL  FORTHWITH  NOTIFY THE STATE BOARD OF ELECTIONS OF SUCH
DECISION.

S. 4705                            25

  5. THE STATE BOARD OF ELECTIONS MAY PRESCRIBE FORMS  FOR  THE  NOTICES
REQUIRED  BY  THIS  SECTION AND SHALL PRESCRIBE THE MANNER IN WHICH SUCH
NOTICES SHALL BE GIVEN.
  S  17.  The  general  business  law is amended by adding a new section
359-gg to read as follows:
  S 359-GG. ADDITIONAL SURCHARGE. IN ADDITION TO ANY PENALTY  AUTHORIZED
BY  SECTION THREE HUNDRED FIFTY-NINE-G OF THIS ARTICLE OR ANY DAMAGES OR
OTHER COMPENSATION  RECOVERABLE  INCLUDING,  BUT  NOT  LIMITED  TO,  ANY
SETTLEMENT  AUTHORIZED  BY  SECTION  SIXTY-THREE OR SIXTY-THREE-C OF THE
EXECUTIVE LAW, THERE SHALL BE ASSESSED THEREON AN  ADDITIONAL  SURCHARGE
IN  THE  AMOUNT  OF  TEN  PERCENT  OF  THE TOTAL AMOUNT OF SUCH PENALTY,
DAMAGES OR SETTLEMENT. SUCH SURCHARGE SHALL BE DEPOSITED IN THE NEW YORK
STATE FAIR ELECTIONS FUND ESTABLISHED BY  SECTION  NINETY-TWO-T  OF  THE
STATE FINANCE LAW.
  S 18. The state finance law is amended by adding a new section 92-t to
read as follows:
  S  92-T.  NEW  YORK  STATE  CAMPAIGN  FINANCE FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE A
SPECIAL FUND TO BE KNOWN AS THE NEW YORK STATE CAMPAIGN FINANCE FUND.
  2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE SURCHARGE
IMPOSED PURSUANT TO SECTION THREE HUNDRED FIFTY-NINE-GG OF  THE  GENERAL
BUSINESS  LAW,  REVENUES  RECEIVED  FROM CAMPAIGN FINANCE FUND CHECK-OFF
PURSUANT TO SECTION SIX HUNDRED THIRTY-D OF THE TAX LAW  AND  ALL  OTHER
MONEYS  CREDITED  OR  TRANSFERRED  THERETO FROM ANY OTHER FUND OR SOURCE
PURSUANT TO LAW. NOTHING CONTAINED IN THIS  SECTION  SHALL  PREVENT  THE
STATE  FROM RECEIVING GRANTS, GIFTS, BEQUESTS OR VOLUNTARY CONTRIBUTIONS
FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION  AND  DEPOSITING
THEM  INTO  THE  FUND ACCORDING TO LAW. MONIES IN THE FUND SHALL BE KEPT
SEPARATE FROM AND NOT COMMINGLED WITH OTHER FUNDS HELD IN THE CUSTODY OF
THE COMMISSIONER OF TAXATION AND FINANCE.
  3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO  CANDIDATES  PURSUANT
TO  TITLE  TWO  OF ARTICLE FOURTEEN OF THE ELECTION LAW. MONEYS SHALL BE
PAID OUT OF THE FUND BY THE COMMISSIONER  OF  TAXATION  AND  FINANCE  ON
VOUCHERS  CERTIFIED  OR APPROVED BY THE FAIR ELECTIONS BOARD ESTABLISHED
PURSUANT TO TITLE TWO OF ARTICLE FOURTEEN OF THE ELECTION  LAW,  OR  THE
DULY  DESIGNATED  REPRESENTATIVE OF SUCH BOARD, IN THE MANNER PRESCRIBED
BY LAW, NOT MORE THAN ONE WORKING DAY AFTER A  VOUCHER  DULY  CERTIFIED,
APPROVED  AND  EXECUTED  BY SUCH BOARD OR ITS REPRESENTATIVE IN THE FORM
PRESCRIBED BY THE COMMISSIONER OF TAXATION AND FINANCE  IS  RECEIVED  BY
THE COMMISSIONER OF TAXATION AND FINANCE.
  4.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, IF, IN ANY
STATE FISCAL YEAR, THE STATE CAMPAIGN FINANCE FUND LACKS THE  AMOUNT  OF
MONEY  TO  PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES AND CERTIFIED
OR APPROVED BY THE FAIR ELECTIONS BOARD, ANY SUCH  DEFICIENCY  SHALL  BE
PAID, UPON AUDIT AND WARRANT OF THE STATE COMPTROLLER, FROM FUNDS DEPOS-
ITED  IN  THE  GENERAL  FUND  OF THE STATE NOT MORE THAN ONE WORKING DAY
AFTER SUCH VOUCHER IS RECEIVED BY THE STATE COMPTROLLER.
  5. COMMENCING IN TWO THOUSAND SIXTEEN, IF THE SURPLUS IN THE  FUND  ON
APRIL  FIRST  OF  THE  YEAR  AFTER AN ELECTION CYCLE EXCEEDS TWENTY-FIVE
PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER THE PREVIOUS FOUR YEARS,
THE EXCESS SHALL REVERT TO THE GENERAL FUND OF THE STATE.
  6. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN  A
PRIMARY  ELECTION ANY EARLIER THAN THE DAY THAT SUCH CANDIDATE IS CERTI-
FIED AS BEING ON THE BALLOT FOR SUCH PRIMARY ELECTION.

S. 4705                            26

  7. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN  A
GENERAL  ELECTION  ANY EARLIER THAN THE DAY AFTER THE DAY OF THE PRIMARY
ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
  8.  NO  PUBLIC  FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN  DECLARED
INVALID  BY  THE  APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
JURISDICTION UNTIL AND UNLESS SUCH  FINDING  IS  REVERSED  BY  A  HIGHER
AUTHORITY.  NO  PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDI-
DATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON  THE  DATE  OF  SUCH
DISQUALIFICATION  OR  INVALIDATION  MAY  THEREAFTER  BE EXPENDED FOR ANY
PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE. ALL
SUCH MONEYS SHALL BE REPAID TO THE FUND.
  S 19. The tax law is amended by adding a new section 630-d to read  as
follows:
  S 630-D. CONTRIBUTION TO NEW YORK STATE CAMPAIGN FINANCE FUND.  EFFEC-
TIVE  FOR  ANY  TAXABLE  YEAR  COMMENCING ON OR AFTER JANUARY FIRST, TWO
THOUSAND THIRTEEN, AN INDIVIDUAL  IN  ANY  TAXABLE  YEAR  MAY  ELECT  TO
CONTRIBUTE  TO  THE  NEW YORK STATE CAMPAIGN FINANCE FUND. SUCH CONTRIB-
UTION SHALL BE IN THE AMOUNT OF FIVE DOLLARS AND SHALL  NOT  REDUCE  THE
AMOUNT  OF  STATE  TAX  OWED  BY SUCH INDIVIDUAL. THE COMMISSIONER SHALL
INCLUDE SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER  TO
MAKE  SUCH  CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW ALL
REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE NEW
YORK STATE CAMPAIGN FINANCE  FUND  AND  USED  ONLY  FOR  THOSE  PURPOSES
ENUMERATED IN SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  S  20.  Severability. If any clause, sentence, subdivision, paragraph,
section or part of title 2 of article 14 of the election law,  as  added
by  section  thirteen  of this act 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, subdivision, paragraph, section or part thereof
directly  involved  in the controversy in which such judgment shall have
been rendered.
  S 21. This act  shall  take  effect  immediately;  provided,  however,
candidates  for state comptroller will be eligible to participate in the
public financing system beginning with  the  2014  election,  all  state
legislature  candidates  will  be  eligible to participate in the public
financing system beginning with the 2016 election and all  state  candi-
dates  and  constitutional  convention  delegates  will  be  eligible to
participate in the public  financing  system  beginning  with  the  2018
election.

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