NY State Assembly Bill 2009-A8902

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2010	print number 8902a
May 06, 2010	amend and recommit to election law
Jan 20, 2010	committed to election law
Jan 06, 2010	ordered to third reading cal.631 returned to assembly died in senate
Jun 18, 2009	referred to rules
Jun 16, 2009	delivered to senate passed assembly ordered to third reading rules cal.394 rules report cal.394 reported reported referred to rules reference changed to ways and means reported referred to codes
Jun 13, 2009	referred to election law

Bill Amendments

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2009-A8902 - Details

Current Committee:: Assembly Election Law
Law Section:: Election Law
Laws Affected:: Amd Art 14, add §§16-103 & 4-115, El L; add §92-t, St Fin L; amd §658, Tax L

2009-A8902 - Summary

Enacts the "2010 campaign finance reform 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 communications.

2009-A8902 - Sponsor Memo

                                BILL NUMBER:A8902                REVISED 6/17/09

TITLE  OF  BILL:    An  act  to amend the election law, in relation to
enacting the "2010 Campaign Finance Reform 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  election  law,  in  relation  to
identification of the source of certain political communications

SUBJECT  AND  PURPOSE:    To  provide  optional  public  financing  of
campaigns   for  statewide  offices,  state  legislative  offices  and
constitutional convention delegates

SUMMARY AND DESCRIPTION OF PROVISIONS:  The bill amends Article 14  of
the  election  law  to  designate the existing law Title I and adds an
identification requirement for independent political communications, a
filing requirement for :ndependent expenditures and a requirement that
certain candidates disclose their intent to spend personal funds in  a
campaign.

It  also  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.

TITLE I PROVISIONS

Identification  of  Independent  Political  Communications:  The  bill
requires  all  independent  political  communications  that  expressly
advocate  for  the  election  or  defeat  of  a  clearly identifies.`.
candidate or the success or defeat of a ballot proposal and cost  more
than   $:.000   to  identify  the  source  of  the  funding  for  such
communication

Independent Expenditures:  The bill requires reporting of  independent
expenditures that cost more than $1000 and expressly advocates for the
election or defeat of a clearly identified candidate or the success or
defeat of a ballot proposal. Independent expenditures that occur after
the last filing before an election must be reported within 24 hours.

Disclosure  of  the Intent to Use Personal Funds: Within 3 days of the
last day to file designating petitions, all candidates  for  statewide
office, state legislative office or constitutional convention delegate
must  file  a  statement  with the state board of elections disclosing
whether the candidate has or will contribute personal funds to his  or
her committee and estimating the amount of such funds.

TITLE II PROVISIONS

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,  authorize  a  single  participating
committee;: and identify the source of all campaign material.

Eligibility Threshold:

Governor:  Must  collect  not  less  than $900,000 from at least 9,000
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  $300,000  from at least 3,000 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 $25,000 from at least 250 matchable
contributions made up of sums of up to 5250 per individual contributor
who resides in New York state including at least $12,500 from at least
125 individual contributors who reside in the senate district in which
the seat is to be filled.

Assembly:  Must  collect  not  less  than  $10,300  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 in which the seat is to be filled.

At-large  Delegate  to  a  Constitutional Convention: Must collect not
less than $25,000 from at least 250 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 in which the seat is to be filled.

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 $:,50 are matched at the  rate
of $4 for every $1.

Triggers:  If,  however,  a  candidate  who  dots not elect to receive
public funds raises, spends or contributes his  or  her  own  personal
funds  in an amount greater than the expenditure limit established for
such office for  candidates  participating  in  the  public  financing
system,   an  additional  grant  of  public  funds  is  given  to  the
participating candidate.

Grants: A participating  candidate  may  receive  up  to  four  grants
equaling  25% of the amount of public funds previously received by the
candidate as a match for matchable contributions obtained and reported
to the state board of elections. Each of the grants is  added  to  the


original expenditure limit, effectively creating a new TRIGGER for the
next  grant  when  the  nonparticipating  candidate  raises, spends or
contributes his or her own personal funds in an  amount  greater  than
the new expenditure limit.

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  whose  opponents
don't  raise  or  spend  10%  of  the  expenditure  limit  are  deemed
unopposed.   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), 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 (except  brochures,
buttons, signs and other campaign material).

Contribution Limit:

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

Expenditure Limits: The following  expenditure  limits  apply  to  all
candidates who participate in the public financing system:

                          General Election        Primary

Governor                   $12,000,000             $1.1 per
                                                  enrolled voter or
                                                  $600,000, whichever
                                                  is more, but not to
                                                  exceed $6,000,000

Lt. Governor                  ---                  $1.1 per


                                                  enrolled voter or
                                                  $300,000, whichever
                                                  is more, but not to
                                                  exceed $3,000,000

Attorney General &         $6,000,000              Same as Lt. Governor
Comptroller

State Senator              $350,000                $2.50 per enrolled
                                                  voter or $35,000,
                                                  whichever is more,
                                                  but not to exceed
                                                  $350,000

Member of Assembly         $150,000                $2.50 per enrolled
                                                  voter or $15,000,
                                                  whichever is more,
                                                  but not to exceed
                                                  $150,000

At-Large Delegate          $350,000                $.15 per enrolled
                                                  voter or $75,000,
                                                  whichever is more,
                                                  but not to exceed
                                                  $175,000

District Delegate          $75,000                 $1.10 per enrolled
                                                  voter in the
                                                  district or $5,000,
                                                  whichever is more,
                                                  but not to exceed
                                                  $50,000

Party   Expenditures   in   Support   of   Participating   Candidates:
Notwithstanding the expenditure limits for  participating  candidates,
state  party  committees  may  make  the  following  expenditures  for
services to participating candidates:

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 tray constitute up to 25%  of
such party expenditures.

Tax  Check-off:  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. 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:


TITLE: I

The  knowing  and  willful  failure to identify the source of campaign
communications will subject the candidate to a  civil  fine  equal  to
$1000 or the cost of the communication, whichever is greater.

A   failure  to  file  the  statements  required  for  an  independent
expenditure shall subject the person or entity  to  a  cavil  fine  of
$500.

A knowing and willful failure to file the statement required regarding
the use of personal funds in a campaign shall subject the candidate to
a civil fine of up to $5000.

TITLE II

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.

If  a  participating  candidate's  aggregate  Expenditures  exceed the
expenditure limitations, the candidate is liable for a  civil  penalty
in an amount equal to three times the amount of the excess.

LEGISLATIVE HISTORY: A11507-a of 2008.

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 hybrid "matching plus 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  for
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.  The  grant  components  containing 4 separate
triggers, allows candidates that are outspent  to  remain  competitive
without giving a participating candidate an unnecessary windfall.

The    identification    requirement    for    independent   political
communications, the filing requirement  for  independent  expenditures
and  the  requirement  that  candidates disclose their intent to spend
personal  funds  in  a  campaign   provide   both   participants   and
non-participants   with   information  necessary  to  formulate  their
campaign strategy.  The  opportunity  for  party  committees  to  make
limited  expenditures  in support of participating candidates provides
flexibility to both the candidates and the parties.

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 2009.   In  2010,  there
could  be  costs  associated  with  participating  candidates  seeking
election to the office of state comptroller. There would be no cost in
2011, 2012 and 2013. In 2014, there could  be  costs  associated  with
participating  candidates  seeking  election to a statewide office and
constitutional delegate. There will be no cost in 2015. In 2016, there
could  be  costs  associated  with  participating  candidates  seeking
election  to state legislative office. There would be no cost in 2017.
In 2018, there could be costs associated with participating candidates
seeking election to a statewide office, state legislative  office  and
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 2010 election, all
statewide candidates and constitutional delegates will be eligible  to
participate  in 2014 and state legislative candidates will be eligible
to participate in 2016.

2009-A8902 - Bill Text download pdf

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

                                  8902

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 13, 2009
                               ___________

Introduced  by  M.  of  A. SILVER, MILLMAN, CARROZZA, WRIGHT, WEINSTEIN,
  GOTTFRIED, ESPAILLAT, PEOPLES-STOKES -- Multi-Sponsored by -- M. of A.
  ALESSI, BENEDETTO, BING, BOYLAND,  BRENNAN,  BRODSKY,  CAHILL,  CANES-
  TRARI,  CHRISTENSEN,  CLARK,  COLTON, COOK, DelMONTE, DINOWITZ, ENGLE-
  BRIGHT, FIELDS, GALEF, GANTT, GIANARIS, GLICK, GORDON, GUNTHER,  HOOP-
  ER,  HOYT,  JACOBS,  JOHN,  KOON,  LANCMAN,  LATIMER,  LAVINE, LENTOL,
  LIFTON, LUPARDO, McENENY, MORELLE, NOLAN,  O'DONNELL,  ORTIZ,  PAULIN,
  PERALTA,  PERRY, PHEFFER, PRETLOW, REILLY, P. RIVERA, ROSENTHAL, SCAR-
  BOROUGH, SWEENEY, WEISENBERG -- read once and referred to the  Commit-
  tee on Election Law

AN  ACT  to  amend  the  election law, in relation to enacting the "2010
  Campaign Finance Reform 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 election law, in relation to identification of the
  source of certain political communications

  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 "2010 Campaign Finance Reform Act".
  S 2. Legislative findings and declaration.   The legislature  declares
that it is in the public interest to create and ensure a truly democrat-
ic  political  system  in  which citizens, irrespective of their income,
status, or financial connections, are enabled and encouraged to  compete
for  public  office.  Therefore,  the  legislature finds it necessary to
establish a system of public financing for all qualified candidates  for
state elective offices and constitutional convention delegates.
  S  3. The article heading of article 14 of the election law is amended
to read as follows:

          CAMPAIGN RECEIPTS AND EXPENDITURES; PUBLIC FINANCING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD14376-03-9

A. 8902                             2

  S 4. Section 14-100 of the election law is amended by adding three new
subdivisions 12, 13, and 14 to read as follows:
  12. "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.
  13. "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 EMPLOYEES OF A BUSI-
NESS ENTITY.
  14. "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  ARTI-
CLE, EACH LOCAL, PARENT NATIONAL OR PARENT INTERNATIONAL ORGANIZATION OF
A  STATEWIDE LABOR ORGANIZATION, AND EACH STATEWIDE FEDERATION RECEIVING
DUES FROM SUBSIDIARY LABOR ORGANIZATIONS, SHALL BE CONSIDERED A SEPARATE
LABOR ORGANIZATION.
  S 5. Section 14-106 of the election law, as amended by  chapter  8  of
the laws of 1978, is amended to read as follows:
  S  14-106.  Political  [advertisements  and literature] COMMUNICATION.
The statements required to be filed under the provisions of this article
next succeeding a primary, general or special election shall be accompa-
nied by a [facsimile or] copy of all BROADCAST, CABLE OR SATELLITE SCHE-
DULES  AND  SCRIPTS,  advertisements,  pamphlets,   circulars,   flyers,
brochures,  letterheads  and  other printed matter purchased or produced
[and a schedule of all radio or television time, and scripts used there-
in], AND REPRODUCTIONS OF STATEMENTS OR  INFORMATION  CONVEYED  TO  FIVE
HUNDRED  OR  MORE  MEMBERS  OF  A GENERAL PUBLIC AUDIENCE BY COMPUTER OR
OTHER ELECTRONIC DEVICE, purchased in connection with such  election  by
or under the authority of the person filing the statement or the commit-
tee  or the person on whose behalf it is filed, as the case may be. Such
[facsimiles,] copies, schedules and scripts shall be  preserved  by  the
officer with whom or the board with which it is required to be filed for
a period of one year from the date of filing thereof.
  S  5-a.  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 BY A PERSON
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 STATEMENTS OR INFOR-
MATION CONVEYED TO FIVE HUNDRED OR MORE  MEMBERS  OF  A  GENERAL  PUBLIC
AUDIENCE  BY  COMPUTER  OR OTHER ELECTRONIC DEVICES WHICH: (I) EXPRESSLY
ADVOCATES THE ELECTION OR DEFEAT OF A CLEARLY  IDENTIFIED  CANDIDATE  OR
THE  SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) 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

A. 8902                             3

AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN  ANY
SUCH COMMUNICATION.
  (B) INDEPENDENT EXPENDITURES 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.
  (C) 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  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 POLITICAL 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 STATE
BOARD OF ELECTIONS.
  3. (A) ANY PERSON WHICH MAKES INDEPENDENT EXPENDITURES THAT COST  MORE
THAN ONE THOUSAND DOLLARS IN THE AGGREGATE SHALL REPORT SUCH INDEPENDENT
EXPENDITURES  TO  THE STATE BOARD OF ELECTIONS ON STATEMENTS AS PROVIDED
FOR IN SECTION 14-108 OF THIS ARTICLE.
  (B) ANY INDEPENDENT EXPENDITURE 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 ARTICLE.
  4. EACH SUCH STATEMENT SHALL INCLUDE:
  (A) THE NAME AND ADDRESS OF THE PERSON MAKING THE STATEMENT;
  (B) THE NAME AND ADDRESS OF THE PERSON MAKING THE INDEPENDENT EXPENDI-
TURE;
  (C) THE NAME AND ADDRESS OF ANY PERSON OR  ENTITY  PROVIDING  A  GIFT,
LOAN,  ADVANCE  OR  DEPOSIT OF ONE HUNDRED DOLLARS OR MORE FOR THE INDE-
PENDENT EXPENDITURE, OR THE PROVISION OF SERVICES FOR THE SAME, AND  THE
DATE  IT  WAS GIVEN; PROVIDED, HOWEVER, THE NAME AND ADDRESS OF A MEMBER
OF A LABOR ORGANIZATION IS NOT REQUIRED FOR A  GIFT,  LOAN,  ADVANCE  OR
DEPOSIT  OF  ONE  HUNDRED  DOLLARS  OR MORE TO A LABOR ORGANIZATION OR A
LABOR ORGANIZATION POLITICAL ACTION COMMITTEE;
  (D) THE DOLLAR AMOUNT PAID FOR EACH INDEPENDENT EXPENDITURE, 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; AND
  (E) THE ELECTION TO WHICH THE INDEPENDENT EXPENDITURE PERTAINS AND THE
NAME OF THE CLEARLY IDENTIFIED CANDIDATE OR THE BALLOT  PROPOSAL  REFER-
ENCED.
  5.  ANY  REPORT  MADE PURSUANT TO THIS SECTION SHALL INCLUDE A COPY OF
ALL MATERIALS THAT PERTAIN TO THE INDEPENDENT EXPENDITURE, INCLUDING BUT
NOT LIMITED TO BROADCAST,  CABLE  OR  SATELLITE  SCHEDULE  AND  SCRIPTS,
ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS, BROCHURES, LETTERHEADS AND
OTHER PRINTED MATTER.

A. 8902                             4

  6.  ANY  REPORT  OF A LOAN THAT IS MADE FOR AN INDEPENDENT EXPENDITURE
SHALL INCLUDE WRITTEN EVIDENCE OF THE INDEBTEDNESS.
  7. 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.
  8. THE STATE BOARD OF  ELECTIONS  SHALL  PROMULGATE  REGULATIONS  WITH
RESPECT TO THE STATEMENTS REQUIRED TO BE FILED BY THIS SECTION AND SHALL
PROVIDE FORMS SUITABLE FOR SUCH STATEMENTS.
  S  5-b.  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.  1. Any  poli-
tical  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 pursu-
ant to this article, 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.
  2.  NO  LATER  THAN  THREE DAYS AFTER THE LAST DAY TO FILE DESIGNATING
PETITIONS, A CANDIDATE FOR STATEWIDE OFFICE, STATE LEGISLATIVE OFFICE OR
CONSTITUTIONAL CONVENTION DELEGATE SHALL FILE A STATEMENT WITH THE STATE
BOARD OF ELECTIONS STATING WHETHER THE CANDIDATE HAS OR WILL  CONTRIBUTE
PERSONAL  FUNDS  TO  HIS  OR  HER  AUTHORIZED  COMMITTEE FOR USE IN SUCH
ELECTION AND AN ESTIMATE OF THE AMOUNT OF PERSONAL FUNDS CONTRIBUTED  OR
TO  BE CONTRIBUTED.   THE KNOWING AND WILLFUL FAILURE TO FILE THE STATE-
MENT REQUIRED BY THIS SUBDIVISION SHALL SUBJECT THE CANDIDATE TO A CIVIL
PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS IN A SPECIAL  PROCEEDING  OR
CIVIL ACTION BROUGHT BY THE STATE BOARD OF ELECTIONS.
  S  5-c. Section 14-126 of the election law, as amended by chapter 8 of
the laws of 1978, subdivision 1 as amended by chapter 128 of the laws of
1994, subdivisions 2, 3, and 4 as redesignated by chapter 9 of the  laws
of 1978, is amended to read as follows:
  S  14-126.  Violations;  penalties.  1. Any person who fails to file a
statement required to be filed by this article shall  be  subject  to  a
civil  penalty, not in excess of five hundred dollars, to be recoverable
in a special proceeding or civil action to be brought by the state board
of elections or other board of elections.
  2.  ANY PERSON WHO KNOWINGLY AND WILLFULLY FAILS TO IDENTIFY INDEPEND-
ENT EXPENDITURES AS REQUIRED BY SUBDIVISION TWO  OF  SECTION  14-107  OR
KNOWINGLY AND WILLFULLY FAILS TO FILE THE STATEMENT REQUIRED BY SUBDIVI-
SION  TWO  OF  SECTION  14-112  SHALL BE SUBJECT TO A CIVIL PENALTY IN A
SPECIAL PROCEEDING OR  CIVIL  ACTION  BROUGHT  BY  THE  STATE  BOARD  OF
ELECTIONS.
  [2.]  3. Any person who knowingly and willfully fails to file a state-
ment required to be filed by this article within ten days after the date
provided for filing such statement or any person who knowingly and will-
fully violates any other provision of this article shall be guilty of  a
misdemeanor.
  [3.] 4. 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 guil-
ty of a misdemeanor.
  [4.] 5. Any person who shall, acting on behalf of a candidate or poli-
tical committee, knowingly and willfully solicit, organize or coordinate
the formation of activities of one or more unauthorized committees, make
expenditures in connection with the nomination for election or  election

A. 8902                             5

of  any  candidate, or solicit any person to make any such expenditures,
for the purpose of evading the contribution limitations of this article,
shall be guilty of a class E felony.
  S  6. Sections 14-100 through 14-130 of article 14 of the election law
are designated title 1 and a new title  heading  is  added  to  read  as
follows:

                   CAMPAIGN RECEIPTS AND EXPENDITURES

  S 7. Article 14 of the election law is amended by adding a new title 2
to read as follows:
                                 TITLE II
                            PUBLIC FINANCING
SECTION 14-200. DEFINITIONS.
        14-202. ELIGIBILITY.
        14-204. QUALIFIED CAMPAIGN EXPENDITURES.
        14-206. OPTIONAL PUBLIC FINANCING.
        14-208. CONTRIBUTION AND RECEIPT LIMITATIONS.
        14-210. EXPENDITURE LIMITATIONS.
        14-212. EXAMINATIONS AND AUDITS; REPAYMENTS.
        14-214. CIVIL PENALTIES.
  S  14-200.  DEFINITIONS. AS USED IN THIS TITLE, UNLESS ANOTHER MEANING
IS CLEARLY INDICATED:
  1. THE TERM "STATE BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
  2. THE TERM "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  POLITICAL
COMMITTEE  WHICH A CANDIDATE CERTIFIES IS THE COMMITTEE THAT WILL SOLELY
BE USED TO PARTICIPATE IN THE PUBLIC  FINANCING  SYSTEM  ESTABLISHED  BY
THIS TITLE AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY, GENERAL
OR  SPECIAL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT.  A MULTI-CAN-
DIDATE 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 "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 STATE BOARD,
INCLUDING THE CONTRIBUTOR'S FULL NAME AND RESIDENTIAL ADDRESS.  "MATCHA-
BLE  CONTRIBUTIONS" SHALL BE THE NET AMOUNT OF ANY MONETARY CONTRIBUTION
REALIZED BY A CANDIDATE OR  DESIGNATED  COMMITTEE  AFTER  DEDUCTING  THE
REASONABLE  VALUE  OF  ANY GOODS OR SERVICES PROVIDED THE CONTRIBUTOR IN
CONNECTION WITH THE CONTRIBUTION, EXCEPT  THAT  CONTRIBUTIONS  FROM  ANY
PERSON WHO HAS RECEIVED A PAYMENT OR ANYTHING OF VALUE FROM SUCH COMMIT-
TEE  OR  FROM  A PERSON WHO IS AN OFFICER, DIRECTOR OR EMPLOYEE OF, OR A
PERSON WHO HAS A TEN PERCENT OR GREATER OWNERSHIP INTEREST IN ANY ENTITY

A. 8902                             6

WHICH HAS RECEIVED SUCH A PAYMENT OR THING OF VALUE SHALL NOT BE MATCHA-
BLE.  A LOAN MAY NOT BE TREATED AS A MATCHABLE CONTRIBUTION.
  6. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE
FOR WHICH PUBLIC FUNDS MAY BE USED.
  7.  THE  TERM  "FUND"  SHALL  MEAN THE NEW YORK STATE CAMPAIGN FINANCE
FUND.
  8. 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 14-202  OF  THIS
TITLE,  IN  ORDER  TO  QUALIFY FOR OPTIONAL PUBLIC FINANCING PURSUANT TO
THIS TITLE.
  9. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS IN  SUBDIVI-
SION NINE OF SECTION 14-100 OF THIS ARTICLE.
  S 14-202. ELIGIBILITY. 1. TO BE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING
UNDER THIS TITLE, A CANDIDATE FOR NOMINATION OR ELECTION MUST:
  (A)  MEET ALL THE REQUIREMENTS OF THIS CHAPTER AND OTHER PROVISIONS OF
LAW TO HAVE HIS OR HER NAME ON THE BALLOT;
  (B) BE A CANDIDATE 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 STATE BOARD ANY EVIDENCE IT MAY
REASONABLY  REQUEST  RELATING  TO  HIS  OR  HER CAMPAIGN EXPENDITURES OR
CONTRIBUTIONS AND FURNISH SUCH OTHER PROOF OF COMPLIANCE WITH THIS TITLE
AS MAY BE REQUESTED BY THE STATE BOARD;
  (E) HAVE A SINGLE AUTHORIZED  POLITICAL  COMMITTEE  WHICH  HE  OR  SHE
CERTIFIES AS THE PARTICIPATING COMMITTEE FOR THE PURPOSES OF THIS TITLE;
AND
  (F)  AGREE TO IDENTIFY ACCURATELY IN ALL CAMPAIGN MATERIALS THE PERSON
OR ENTITY THAT PAID FOR SUCH CAMPAIGN MATERIAL.
  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  NINE
HUNDRED  THOUSAND DOLLARS FROM AT LEAST NINE THOUSAND MATCHABLE CONTRIB-
UTIONS 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 THREE
HUNDRED THOUSAND DOLLARS FROM AT LEAST THREE 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-FIVE THOUSAND DOLLARS FROM AT LEAST TWO
HUNDRED FIFTY 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 TWELVE THOUSAND FIVE HUNDRED DOLLARS FROM AT
LEAST ONE HUNDRED TWENTY-FIVE INDIVIDUAL CONTRIBUTORS WHO RESIDE IN  THE
SENATE 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

A. 8902                             7

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
ASSEMBLY 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-FIVE  THOUSAND  DOLLARS  FROM  AT
LEAST TWO HUNDRED FIFTY 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 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 RECEIPT AND EXPENDITURE 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 AT  LEAST
ONE OTHER CANDIDATE FOR SUCH OFFICE IN SUCH ELECTION WHO ALSO ELECTED TO
PARTICIPATE  IN THE PUBLIC FINANCING SYSTEM, OR SUCH CANDIDATE'S COMMIT-
TEE, OR AT LEAST ONE OTHER CANDIDATE FOR SUCH OFFICE  IN  SUCH  ELECTION
WHO  HAS NOT ELECTED TO PARTICIPATE, OR SUCH CANDIDATE'S COMMITTEE, HAVE
EITHER SPENT, CONTRACTED OR OBLIGATED TO SPEND, OR HAVE CONTRIBUTED SUCH
CANDIDATE'S  PERSONAL  FUNDS  TO  SUCH  CANDIDATE'S  COMMITTEE  OR  HAVE
RECEIVED  IN  LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING TEN PERCENT OF
THE EXPENDITURE LIMIT FOR SUCH OFFICE IN SUCH ELECTION WHICH IS FIXED BY
THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT SUCH PUBLIC  FUNDS.
IF  ANY  CANDIDATE  FOR  AN  OFFICE  AND THE COMMITTEE OF SUCH CANDIDATE
REACHES THE THRESHOLD TO QUALIFY TO RECEIVE  PUBLIC  FUNDS,  OR  SPENDS,
CONTRACTS  OR  OBLIGATES  TO  SPEND,  OR  CONTRIBUTES  SUCH  CANDIDATE'S
PERSONAL FUNDS TO SUCH CANDIDATE'S COMMITTEE OR  RECEIVES  IN  LOANS  OR
CONTRIBUTIONS,  AN AMOUNT EXCEEDING TEN PERCENT OF THE EXPENDITURE LIMIT
FOR SUCH OFFICE IN SUCH ELECTION AT ANY TIME AFTER THE  FILING  DEADLINE
FOR  THE  LAST REPORT REQUIRED TO BE FILED BEFORE THE FIRST DISTRIBUTION
OF PUBLIC FUNDS FOR SUCH ELECTION,  SUCH  CANDIDATE  OR  COMMITTEE  MUST
NOTIFY THE STATE BOARD OF THAT FACT WITHIN TWENTY-FOUR HOURS IN THE SAME
MANNER AS PROVIDED IN SUBDIVISION TWO OF SECTION 14-108 OF THIS ARTICLE.
  S  14-204.  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

A. 8902                             8

ELECTION. THE TOTAL OF ALL EXPENDITURES MADE BY THE CANDIDATE  AND  SUCH
CANDIDATE'S  PARTICIPATING  COMMITTEE,  INCLUDING  ALL PAYMENTS RECEIVED
FROM THE FUND, SHALL NOT EXCEED THE EXPENDITURE LIMITATIONS  ESTABLISHED
IN  SECTION  14-210  OF  THIS TITLE, EXCEPT INSOFAR AS SUCH PAYMENTS ARE
MADE TO REPAY LOANS USED TO PAY CAMPAIGN EXPENDITURES.
  2. SUCH PUBLIC FUNDS MAY NOT BE USED FOR:
  (A) AN EXPENDITURE IN VIOLATION OF ANY LAW OF THE UNITED STATES OR  OF
THIS STATE;
  (B)  PAYMENTS  OR  ANYTHING OF VALUE GIVEN OR MADE TO THE CANDIDATE, A
RELATIVE OF THE CANDIDATE, OR TO A BUSINESS ENTITY  IN  WHICH  ANY  SUCH
PERSON  HAS  A TEN PERCENT OR GREATER OWNERSHIP INTEREST OR OF WHICH ANY
SUCH PERSON IS AN OFFICER, DIRECTOR OR EMPLOYEE;
  (C) PAYMENT IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES, MATERIALS,
FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
  (D) ANY EXPENDITURE MADE AFTER THE  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.
  (E)  ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION,  ACCEPTANCE,
AUTHORIZATION, DECLINATION OR SUBSTITUTION;
  (F)  EXPENDITURE FOR NONCAMPAIGN RELATED FOOD, DRINK OR ENTERTAINMENT;
AND
  (G) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER CAMPAIGN MATERI-
AL.
  S 14-206. OPTIONAL PUBLIC FINANCING. 1. 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 STATE 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 FOUR DOLLARS IN PUBLIC  FUNDS  FOR  EACH  ONE  DOLLAR  OF
MATCHABLE  CONTRIBUTIONS  OBTAINED  AND  REPORTED  TO THE STATE BOARD IN
ACCORDANCE WITH THE PROVISIONS OF THIS TITLE,  PROVIDED,  HOWEVER,  SUCH
PUBLIC FUNDS SHALL ONLY BE USED FOR QUALIFIED CAMPAIGN EXPENDITURES.
  3.  (A)  HOWEVER,  IF  ANY CANDIDATE IN ANY ELECTION FOR AN OFFICE FOR
WHICH PUBLIC FUNDS ARE AVAILABLE PURSUANT  TO  THE  PROVISIONS  OF  THIS
TITLE,  ELECTS  NOT  TO  ACCEPT  PUBLIC FUNDS AND SUCH CANDIDATE OR SUCH
CANDIDATE'S COMMITTEE EITHER SPENDS, CONTRACTS OR OBLIGATES TO SPEND, OR
CONTRIBUTES SUCH CANDIDATE'S PERSONAL FUNDS TO SUCH CANDIDATE'S  COMMIT-
TEE  OR  RECEIVES  IN  LOANS  OR  CONTRIBUTIONS, AN AMOUNT EXCEEDING THE
EXPENDITURE LIMIT FOR SUCH OFFICE, AS FIXED BY THIS TITLE FOR CANDIDATES
WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS,  THEN  (I)  SUCH  CANDIDATE  OR
COMMITTEE  MUST  NOTIFY  THE  STATE BOARD OF THE FACT WITHIN TWENTY-FOUR
HOURS VIA THE INTERNET USING THE ELECTRONIC FILING SYSTEM ESTABLISHED BY
THE STATE BOARD, OR IF SUCH CANDIDATE DOES NOT FILE  ELECTRONICALLY  VIA

A. 8902                             9

THE INTERNET, BY FACSIMILE OR OVERNIGHT MAIL; AND (II) THE PARTICIPATING
COMMITTEE OF EACH PARTICIPATING CANDIDATE FOR SUCH OFFICE SHALL BE ENTI-
TLED  TO  A  GRANT  OF  PUBLIC FUNDS EQUAL TO TWENTY-FIVE PERCENT OF THE
TOTAL AMOUNT OF PUBLIC FUNDS RECEIVED BY THE PARTICIPATING CANDIDATE FOR
MATCHABLE  CONTRIBUTIONS  OBTAINED AND REPORTED TO THE STATE BOARD. SUCH
GRANT SHALL BE PAID WITHIN TWO BUSINESS DAYS AND SHALL ONLY BE USED  FOR
QUALIFIED CAMPAIGN EXPENDITURES.
  (B)  HOWEVER, IF ANY CANDIDATE IN ANY ELECTION FOR AN OFFICE FOR WHICH
PUBLIC FUNDS ARE AVAILABLE PURSUANT TO THE  PROVISIONS  OF  THIS  TITLE,
ELECTS NOT TO ACCEPT PUBLIC FUNDS AND SUCH CANDIDATE OR SUCH CANDIDATE'S
COMMITTEE EITHER SPENDS, CONTRACTS OR OBLIGATES TO SPEND, OR CONTRIBUTES
SUCH  CANDIDATE'S  PERSONAL  FUNDS  TO  SUCH  CANDIDATE'S  COMMITTEE  OR
RECEIVES IN LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING THE TOTAL OF THE
EXPENDITURE LIMIT FOR SUCH OFFICE, AS FIXED BY THIS TITLE FOR CANDIDATES
WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, PLUS  THE  TWENTY-FIVE  PERCENT
GRANT  ALREADY  RECEIVED  BY  THE PARTICIPATING CANDIDATE, THEN (I) SUCH
CANDIDATE OR COMMITTEE MUST NOTIFY THE STATE BOARD OF  THE  FACT  WITHIN
TWENTY-FOUR  HOURS  VIA  THE INTERNET USING THE ELECTRONIC FILING SYSTEM
ESTABLISHED BY THE STATE BOARD, OR IF SUCH CANDIDATE DOES NOT FILE ELEC-
TRONICALLY VIA THE INTERNET, BY FACSIMILE OR OVERNIGHT  MAIL;  AND  (II)
THE  PARTICIPATING  COMMITTEE  OF  EACH PARTICIPATING CANDIDATE FOR SUCH
OFFICE SHALL BE ENTITLED TO AN ADDITIONAL GRANT OF PUBLIC FUNDS EQUAL TO
TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT OF PUBLIC FUNDS RECEIVED BY  THE
PARTICIPATING   CANDIDATE   FOR  MATCHABLE  CONTRIBUTIONS  OBTAINED  AND
REPORTED TO THE STATE BOARD. SUCH GRANT SHALL BE PAID WITHIN  TWO  BUSI-
NESS DAYS AND SHALL ONLY BE USED FOR QUALIFIED CAMPAIGN EXPENDITURES.
  (C)  HOWEVER, IF ANY CANDIDATE IN ANY ELECTION FOR AN OFFICE FOR WHICH
PUBLIC FUNDS ARE AVAILABLE PURSUANT TO THE  PROVISIONS  OF  THIS  TITLE,
ELECTS NOT TO ACCEPT PUBLIC FUNDS AND SUCH CANDIDATE OR SUCH CANDIDATE'S
COMMITTEE EITHER SPENDS, CONTRACTS OR OBLIGATES TO SPEND, OR CONTRIBUTES
SUCH  CANDIDATE'S  PERSONAL  FUNDS  TO  SUCH  CANDIDATE'S  COMMITTEE  OR
RECEIVES IN LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING THE TOTAL OF THE
EXPENDITURE LIMIT FOR SUCH OFFICE, AS FIXED BY THIS TITLE FOR CANDIDATES
WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, PLUS THE  FIFTY  PERCENT  TOTAL
AGGREGATE  GRANT  ALREADY  RECEIVED BY THE PARTICIPATING CANDIDATE, THEN
(I) SUCH CANDIDATE OR COMMITTEE MUST NOTIFY THE STATE BOARD OF THE  FACT
WITHIN  TWENTY-FOUR  HOURS  VIA THE INTERNET USING THE ELECTRONIC FILING
SYSTEM ESTABLISHED BY THE STATE BOARD, OR IF  SUCH  CANDIDATE  DOES  NOT
FILE  ELECTRONICALLY  VIA  THE INTERNET, BY FACSIMILE OR OVERNIGHT MAIL;
AND (II) THE PARTICIPATING COMMITTEE OF EACH PARTICIPATING CANDIDATE FOR
SUCH OFFICE SHALL BE ENTITLED TO AN ADDITIONAL  GRANT  OF  PUBLIC  FUNDS
EQUAL  TO  TWENTY-FIVE  PERCENT  OF  THE  TOTAL  AMOUNT  OF PUBLIC FUNDS
RECEIVED BY THE  PARTICIPATING  CANDIDATE  FOR  MATCHABLE  CONTRIBUTIONS
OBTAINED AND REPORTED TO THE STATE BOARD. SUCH GRANT SHALL BE PAID WITH-
IN  TWO  BUSINESS  DAYS  AND  SHALL  ONLY BE USED FOR QUALIFIED CAMPAIGN
EXPENDITURES.
  (D) HOWEVER, IF ANY CANDIDATE IN ANY ELECTION FOR AN OFFICE FOR  WHICH
PUBLIC  FUNDS  ARE  AVAILABLE  PURSUANT TO THE PROVISIONS OF THIS TITLE,
ELECTS NOT TO ACCEPT PUBLIC FUNDS AND SUCH CANDIDATE OR SUCH CANDIDATE'S
COMMITTEE EITHER SPENDS, CONTRACTS OR OBLIGATES TO SPEND, OR CONTRIBUTES
SUCH  CANDIDATE'S  PERSONAL  FUNDS  TO  SUCH  CANDIDATE'S  COMMITTEE  OR
RECEIVES IN LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING THE TOTAL OF THE
EXPENDITURE LIMIT FOR SUCH OFFICE, AS FIXED BY THIS TITLE FOR CANDIDATES
WHO  HAVE  ELECTED TO ACCEPT PUBLIC FUNDS, PLUS THE SEVENTY-FIVE PERCENT
TOTAL AGGREGATE GRANT ALREADY RECEIVED BY THE  PARTICIPATING  CANDIDATE,
THEN  (I) SUCH CANDIDATE OR COMMITTEE MUST NOTIFY THE STATE BOARD OF THE

A. 8902                            10

FACT WITHIN TWENTY-FOUR HOURS VIA  THE  INTERNET  USING  THE  ELECTRONIC
FILING  SYSTEM ESTABLISHED BY THE STATE BOARD, OR IF SUCH CANDIDATE DOES
NOT FILE ELECTRONICALLY VIA THE  INTERNET,  BY  FACSIMILE  OR  OVERNIGHT
MAIL;  AND (II) THE PARTICIPATING COMMITTEE OF EACH PARTICIPATING CANDI-
DATE FOR SUCH OFFICE SHALL BE ENTITLED TO AN ADDITIONAL GRANT OF  PUBLIC
FUNDS  EQUAL  TO TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT OF PUBLIC FUNDS
RECEIVED BY THE  PARTICIPATING  CANDIDATE  FOR  MATCHABLE  CONTRIBUTIONS
OBTAINED AND REPORTED TO THE STATE BOARD. SUCH GRANT SHALL BE PAID WITH-
IN TWO BUSINESS DAYS AND MAY ONLY BE USED FOR QUALIFIED CAMPAIGN EXPEND-
ITURES.
  4.  (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 EXPENDITURE 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.
  5. THE STATE 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.
  6.  THE STATE BOARD SHALL PROMULGATE REGULATIONS FOR THE CERTIFICATION
OF THE AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER, FROM THE FUND  ESTAB-
LISHED  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 STATE BOARD SHALL INSTITUTE  PROCEDURES  WHICH  WILL  MAKE
POSSIBLE  PAYMENT BY THE FUND WITHIN FOUR BUSINESS DAYS AFTER RECEIPT OF
THE REQUIRED FORMS AND VERIFICATIONS.
  S 14-208. 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
COMMITTEE MAY ACCEPT ANY CONTRIBUTION FROM ANY CONTRIBUTOR WHICH, IN THE
AGGREGATE AMOUNT, IS GREATER THAN TWO THOUSAND DOLLARS.
  2.  (A) NOTWITHSTANDING THE EXPENDITURE 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 COMMITTEE MAY
ACCEPT FROM A STATE PARTY 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 EXPENDITURE 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  COMMITTEE  MAY
ACCEPT  FROM  A STATE PARTY COMMITTEE WHICH HAS NOMINATED SUCH CANDIDATE
SERVICES IN AN AMOUNT WHICH, IN  THE  AGGREGATE,  DOES  NOT  EXCEED  ONE

A. 8902                            11

MILLION  DOLLARS;  PROVIDED,  HOWEVER,  THAT TWENTY-FIVE PERCENT OF SUCH
AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (C)  NOTWITHSTANDING THE EXPENDITURE 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 PARTY COMMITTEE WHICH HAS NOMINATED SUCH CANDIDATE SERVICES
IN  AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT EXCEED ONE HUNDRED THOU-
SAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE PERCENT OF SUCH AMOUNT
MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (D)  NOTWITHSTANDING THE EXPENDITURE 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 PRIMARY, GENERAL
OR  SPECIAL  ELECTION  OR  SUCH  CANDIDATE'S PARTICIPATING COMMITTEE MAY
ACCEPT FROM A STATE PARTY 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.
  (E)  NOTWITHSTANDING THE EXPENDITURE 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  CONSTITUTIONAL
CONVENTION IN A  GENERAL  ELECTION  OR  SUCH  CANDIDATE'S  PARTICIPATING
COMMITTEE  MAY  ACCEPT  FROM A STATE PARTY 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 EXPENDITURE 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  CONSTITUTIONAL
CONVENTION  IN  A  GENERAL  ELECTION  OR  SUCH CANDIDATE'S PARTICIPATING
COMMITTEE MAY ACCEPT FROM A STATE PARTY 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  PARTY  COMMITTEE
INCLUDES ANY OF ITS SUBCOMMITTEES.
  3.  NOTWITHSTANDING  ANY  EXPENDITURE  LIMIT IN THIS SUBDIVISION, EACH
COUNTY COMMITTEE OF ANY PARTY WHICH NOMINATES A CANDIDATE FOR  STATEWIDE
OFFICE  OR  STATE  LEGISLATIVE  OFFICE, INCLUDING WITHIN THE TERM COUNTY
COMMITTEE ANY OF ITS SUBCOMMITTEES, MAY EXPEND IN SUPPORT OF  EACH  SUCH
CANDIDATE  FOR  STATEWIDE  OFFICE OF SUCH PARTY WHO HAS AGREED TO ACCEPT
PUBLIC FINANCING, AN AMOUNT WHICH SHALL NOT EXCEED THE SUM OF TWO  CENTS
FOR EACH VOTER REGISTERED IN SUCH COUNTY AS DETERMINED 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  PARTY  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 STATE BOARD OR,  IN  THE  ABSENCE  OF  SUCH  OFFICIAL
FORMULAS,  IN ACCORDANCE WITH A FORMULA BASED UPON REASONABLE STANDARDS.
THE STATEMENTS FILED BY SUCH PARTY 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

A. 8902                            12

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.
CONTRIBUTIONS TO A PARTICIPATING CANDIDATE  OR  PARTICIPATING  COMMITTEE
WHICH WERE RECEIVED BEFORE JANUARY FIRST OF THE YEAR IN WHICH THE PRIMA-
RY  OR  GENERAL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT OR, IN THE
CASE OF A SPECIAL ELECTION RECEIVED MORE  THAN  SIX  MONTHS  BEFORE  THE
SPECIAL  ELECTION,  MAY  NOT  BE  EXPENDED  IN ANY ELECTION FOR ANY SUCH
OFFICE.
  6. EXCEPT FOR THE LIMITATIONS SPECIFICALLY SET FORTH IN THIS  SECTION,
PARTICIPATING  CANDIDATES  SHALL  BE  SUBJECT  TO THE PROVISIONS OF THIS
ARTICLE.
  S 14-210. EXPENDITURE LIMITATIONS. THE FOLLOWING  EXPENDITURE  LIMITA-
TIONS  APPLY  TO  ALL EXPENDITURES BY PARTICIPATING CANDIDATES AND THEIR
PARTICIPATING  COMMITTEES  RECEIVING  PUBLIC  FUNDS  PURSUANT   TO   THE
PROVISIONS OF THIS TITLE:
  1.  (A)  IN ANY PRIMARY ELECTION, EXPENDITURES BY PARTICIPATING CANDI-
DATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
  (I) FOR GOVERNOR, THE SUM OF ONE DOLLAR AND TEN CENTS FOR  EACH  VOTER
ENROLLED  IN THE CANDIDATE'S PARTY IN THE STATE; PROVIDED, HOWEVER, SUCH
SUM SHALL NOT BE LESS THAN NINE HUNDRED THOUSAND DOLLARS NOR  MORE  THAN
NINE MILLION DOLLARS;
  (II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
OF  ONE  DOLLAR AND TEN CENTS FOR EACH VOTER ENROLLED IN THE CANDIDATE'S
PARTY IN THE STATE; PROVIDED, HOWEVER, SUCH SUM SHALL NOT BE  LESS  THAN
SIX HUNDRED THOUSAND DOLLARS NOR MORE THAN SIX MILLION DOLLARS;
  (III)  FOR  SENATOR,  THE  SUM OF TWO DOLLARS AND FIFTY CENTS FOR EACH
VOTER  ENROLLED  IN  THE  CANDIDATE'S  PARTY  IN  THE  SENATE  DISTRICT;
PROVIDED,  HOWEVER, SUCH SUM SHALL NOT BE LESS THAN THIRTY-FIVE THOUSAND
DOLLARS NOR MORE THAN THREE HUNDRED FIFTY THOUSAND DOLLARS;
  (IV) FOR MEMBER OF THE ASSEMBLY, THE SUM  OF  TWO  DOLLARS  AND  FIFTY
CENTS  FOR  EACH VOTER ENROLLED IN THE CANDIDATE'S PARTY IN THE ASSEMBLY
DISTRICT; PROVIDED, HOWEVER, SUCH SUM SHALL NOT  BE  LESS  THAN  FIFTEEN
THOUSAND DOLLARS NOR MORE THAN ONE HUNDRED FIFTY THOUSAND DOLLARS;
  (V)  FOR  AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION, THE SUM OF
FIFTEEN CENTS FOR EACH VOTER ENROLLED IN THE CANDIDATE'S  PARTY  IN  THE
STATE;  PROVIDED,  HOWEVER, SUCH SUM SHALL NOT BE LESS THAN SEVENTY-FIVE
THOUSAND  DOLLARS  NOR  MORE  THAN  ONE  HUNDRED  SEVENTY-FIVE  THOUSAND
DOLLARS;
  (VI) FOR DISTRICT DELEGATES TO A CONSTITUTIONAL CONVENTION, THE SUM OF
ONE  DOLLAR  AND  TEN  CENTS  FOR EACH VOTER ENROLLED IN THE CANDIDATE'S
PARTY IN THE DISTRICT; PROVIDED, HOWEVER, SUCH SUM  SHALL  NOT  BE  LESS
THAN FIVE THOUSAND DOLLARS NOR MORE THAN FIFTY THOUSAND DOLLARS;
  (B)  THE  ENROLLMENT  NUMBERS USED TO CALCULATE THE EXPENDITURE LIMITS
PROVIDED FOR IN THIS SUBDIVISION SHALL BE THE ENROLLMENTS DULY  REPORTED
BY  THE  APPROPRIATE  BOARD OR BOARDS OF ELECTION AS OF THE LAST GENERAL
ELECTION PRECEDING THE PRIMARY ELECTION.

A. 8902                            13

  2.  IN ANY GENERAL OR SPECIAL ELECTION, EXPENDITURES BY  PARTICIPATING
CANDIDATES  FOR THE FOLLOWING OFFICES AND BY THEIR PARTICIPATING COMMIT-
TEES 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
  COMPTROLLER                                                $8,000,000
  MEMBER OF SENATE                                           $350,000
  MEMBER OF ASSEMBLY                                         $150,000
  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 EXPEND BEFORE THE PRIMARY ELECTION, FOR SERVICES, MATE-
RIALS OR FACILITIES USED ON OR BEFORE THE DATE OF SUCH PRIMARY ELECTION,
AN AMOUNT EQUAL TO HALF THE SUM SUCH CANDIDATES  WOULD  BE  ENTITLED  TO
SPEND  IF  THEIR  NOMINATION  WAS  CONTESTED  IN  SUCH  PRIMARY ELECTION
PROVIDED THERE IS A PRIMARY CONTEST FOR THE NOMINATION OF AT  LEAST  ONE
OTHER PARTY FOR SUCH OFFICE.
  4.  EXPENDITURES  FOR LEGAL FEES AND REASONABLE EXPENSES TO DEFEND THE
VALIDITY OF PETITIONS OF DESIGNATION OR NOMINATION  OR  CERTIFICATES  OF
NOMINATION,  ACCEPTANCE,  AUTHORIZATION, DECLINATION OR SUBSTITUTION, OR
TO SUCCESSFULLY CHALLENGE ANY SUCH PETITION OR CERTIFICATE ON GROUNDS OF
FRAUD, OR FOR EXPENSES INCURRED TO  COMPLY  WITH  THE  CAMPAIGN  FINANCE
REPORTING  REQUIREMENTS  OF  THIS  ARTICLE,  SHALL NOT BE SUBJECT TO THE
EXPENDITURE LIMITS OF THIS SUBDIVISION.
  S 14-212. EXAMINATIONS AND AUDITS;  REPAYMENTS.  1.  THE  STATE  BOARD
SHALL  CONDUCT A THOROUGH EXAMINATION AND AUDIT OF THE CONTRIBUTIONS AND
QUALIFIED CAMPAIGN EXPENSES OF  THE  PARTICIPATING  COMMITTEE  OF  EVERY
PARTICIPATING CANDIDATE WHO RECEIVED PAYMENTS PURSUANT TO SECTION 14-206
OF THIS TITLE.
  2.  (A)  IF THE STATE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT
MADE TO A PARTICIPATING COMMITTEE FROM THE FUND WAS  IN  EXCESS  OF  THE
AGGREGATE  AMOUNT OF PAYMENTS TO WHICH SUCH ELIGIBLE CANDIDATE WAS ENTI-
TLED PURSUANT TO SECTION 14-206 OF THIS  TITLE,  IT  SHALL  NOTIFY  SUCH
COMMITTEE OF THE EXCESS AMOUNT AND SUCH COMMITTEE SHALL PAY TO THE STATE
BOARD AN AMOUNT EQUAL TO THE AMOUNT OF EXCESS PAYMENTS.
  (B) IF THE STATE BOARD DETERMINES THAT ANY AMOUNT OF PAYMENT MADE TO 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 STATE BOARD AN AMOUNT EQUAL  TO  SUCH  DISQUALIFIED
AMOUNT.
  (C)  IF THE TOTAL OF CONTRIBUTIONS AND PAYMENTS FROM THE FUND RECEIVED
BY  ANY  PARTICIPATING  CANDIDATE  AND  SUCH  CANDIDATE'S  PARTICIPATING
COMMITTEE,  EXCEEDS  THE  CAMPAIGN  EXPENDITURES  OF  SUCH CANDIDATE AND
COMMITTEE, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS  FUNDS  TO
REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH COMMITTEE FROM THE FUND
NOT LATER THAN TEN DAYS AFTER ALL PERMISSIBLE LIABILITIES HAVE BEEN PAID
AND  IN ANY EVENT, NOT LATER THAN MARCH THIRTY-FIRST OF THE YEAR FOLLOW-
ING THE YEAR OF THE ELECTION FOR WHICH SUCH PAYMENTS WERE  INTENDED.  NO
SUCH EXCESS FUNDS SHALL BE USED FOR ANY OTHER PURPOSE.
  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

A. 8902                            14

STATE  BOARD  AN  AMOUNT  EQUAL TO THE TOTAL OF PUBLIC FUNDS RECEIVED BY
SUCH PARTICIPATING COMMITTEE.
  4.  THE  STATE  BOARD  MUST PROVIDE WRITTEN NOTICE OF ALL PAYMENTS DUE
FROM A PARTICIPATING CANDIDATE OR  SUCH  CANDIDATE'S  COMMITTEE  TO  THE
STATE 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  STATE BOARD, THE AMOUNT DUE SHALL BE PAID TO THE
STATE BOARD WITHIN THIRTY DAYS OF SUCH DETERMINATION.
  5. ALL PAYMENTS RECEIVED BY THE STATE BOARD PURSUANT TO  THIS  SECTION
SHALL  BE  DEPOSITED  IN THE NEW YORK STATE CAMPAIGN FINANCE FUND ESTAB-
LISHED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  S 14-214. CIVIL PENALTIES. 1. ANY PERSON WHO FAILS TO FILE A STATEMENT
OR RECORD REQUIRED TO BE FILED BY THIS TITLE OR THE RULES OR REGULATIONS
OF THE STATE BOARD IN IMPLEMENTATION THEREOF SHALL BE SUBJECT TO A CIVIL
PENALTY, NOT IN EXCESS OF FIVE THOUSAND DOLLARS, TO BE RECOVERABLE IN  A
SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE STATE BOARD.
  2.  IF  THE AGGREGATE AMOUNT OF EXPENDITURES BY A PARTICIPATING CANDI-
DATE AND SUCH CANDIDATE'S PARTICIPATING COMMITTEE EXCEEDS  THE  EXPENDI-
TURE  LIMITATIONS  CONTAINED  IN THIS TITLE SUCH PARTICIPATING CANDIDATE
SHALL BE LIABLE FOR A CIVIL PENALTY IN AN AMOUNT EQUAL  TO  THREE  TIMES
THE  SUM  BY  WHICH SUCH EXPENDITURES EXCEED THE PERMITTED AMOUNT, TO BE
RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE STATE
BOARD.
  3. ALL PAYMENTS RECEIVED BY THE STATE BOARD PURSUANT TO  THIS  SECTION
SHALL  BE  DEPOSITED  IN THE NEW YORK STATE CAMPAIGN FINANCE FUND ESTAB-
LISHED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  S 8. 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 14-202 OF THIS CHAPTER AND ANY  QUESTION
OR ISSUE RELATING TO PAYMENTS FOR QUALIFIED CAMPAIGN EXPENDITURES PURSU-
ANT  TO  SECTION 14-206 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 14-206
OF THIS CHAPTER SHALL BE INSTITUTED WITHIN SEVEN DAYS AFTER SUCH  DETER-
MINATION  WAS  MADE.  THE  STATE BOARD SHALL BE MADE A PARTY TO ANY SUCH
PROCEEDING.
  3. UPON THE STATE 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 SUBDIVISION FOUR OF
SECTION  14-212 OF THIS CHAPTER, THE STATE BOARD IS AUTHORIZED TO INSTI-
TUTE A SPECIAL PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY COUN-
TY, TO OBTAIN A JUDGMENT FOR ANY AMOUNTS DETERMINED TO BE PAYABLE TO THE
STATE BOARD AS A RESULT OF AN EXAMINATION AND  AUDIT  MADE  PURSUANT  TO
TITLE II OF ARTICLE FOURTEEN OF THIS CHAPTER.
  4.  THE STATE 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 STATE BOARD PURSUANT TO
SECTION 14-214 OF THIS CHAPTER.
  S 9. 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

A. 8902                            15

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.
  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 10. 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 JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
COMMISSIONER  OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW YORK
STATE CAMPAIGN FINANCE FUND.
  2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE NEW  YORK
STATE  CAMPAIGN  FINANCE  FUND  CHECK-OFF  PURSUANT TO SUBSECTION (F) OF
SECTION SIX HUNDRED FIFTY-EIGHT OF THE TAX LAW, FROM THE  GENERAL  FUND,
AND FROM ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER
FUND OR SOURCE PURSUANT TO LAW.
  3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE  EXPENDED  FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT
TO TITLE II OF ARTICLE FOURTEEN OF THE ELECTION  LAW.  MONEYS  SHALL  BE
PAID  OUT  OF THE FUND ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER
ON VOUCHERS CERTIFIED OR APPROVED BY THE STATE BOARD  OF  ELECTIONS,  OR
ITS DULY DESIGNATED REPRESENTATIVE, IN THE MANNER PRESCRIBED BY LAW, NOT
MORE  THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS RECEIVED BY THE STATE
COMPTROLLER.
  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 STATE BOARD OF ELECTIONS, ANY SUCH DEFICIENCY SHALL
BE PAID, UPON AUDIT AND WARRANT OF THE  STATE  COMPTROLLER,  FROM  FUNDS
DEPOSITED  IN  THE  GENERAL FUND OF THE STATE NOT MORE THAN FOUR WORKING
DAYS AFTER SUCH VOUCHER IS RECEIVED BY THE STATE COMPTROLLER.
  5. COMMENCING IN TWO THOUSAND FIFTEEN, IF THE SURPLUS IN THE  FUND  ON
APRIL  FIRST  OF  THE  YEAR  AFTER A YEAR IN WHICH A GOVERNOR IS ELECTED
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.

A. 8902                            16

  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 CANDIDATES IN A
SPECIAL ELECTION ANY EARLIER THAN THE DAY AFTER THE  LAST  DAY  TO  FILE
CERTIFICATES OF PARTY NOMINATION FOR SUCH SPECIAL ELECTION.
  9.  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 11. Section 658 of the tax law is amended by adding a new subsection
(f) to read as follows:
  (F) NEW YORK STATE CAMPAIGN FINANCE FUND  CHECK-OFF.    (1)  FOR  EACH
TAXABLE  YEAR  BEGINNING  ON AND AFTER JANUARY FIRST, TWO THOUSAND NINE,
EVERY INDIVIDUAL WHOSE NEW YORK STATE INCOME TAX LIABILITY FOR THE TAXA-
BLE YEAR FOR WHICH THE RETURN IS FILED  IS  FIVE  DOLLARS  OR  MORE  MAY
DESIGNATE  ON  SUCH  RETURN  THAT FIVE DOLLARS BE PAID INTO THE NEW YORK
STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T  OF  THE
STATE  FINANCE  LAW.    WHERE A HUSBAND AND WIFE FILE A JOINT RETURN AND
HAVE A NEW YORK STATE INCOME TAX LIABILITY  FOR  THE  TAXABLE  YEAR  FOR
WHICH  THE  RETURN  IS  FILED  OF  TEN DOLLARS OR MORE, OR FILE SEPARATE
RETURNS ON A SINGLE FORM, EACH SUCH TAXPAYER MAY  MAKE  SEPARATE  DESIG-
NATIONS  ON  SUCH  RETURN  OF  FIVE DOLLARS TO BE PAID INTO THE NEW YORK
STATE CAMPAIGN FINANCE FUND.
  (2) THE COMMISSIONER SHALL TRANSFER TO THE  NEW  YORK  STATE  CAMPAIGN
FINANCE  FUND, ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE STATE
FINANCE LAW, AN AMOUNT EQUAL TO FIVE DOLLARS MULTIPLIED BY THE NUMBER OF
DESIGNATIONS.
  (3) FOR PURPOSES OF THIS SUBSECTION, THE INCOME TAX  LIABILITY  OF  AN
INDIVIDUAL  FOR ANY TAXABLE YEAR IS THE AMOUNT OF TAX IMPOSED UNDER THIS
ARTICLE REDUCED BY THE SUM OF THE  CREDITS  (AS  SHOWN  IN  HIS  OR  HER
RETURN) ALLOWABLE UNDER THIS ARTICLE.
  (4)  THE DEPARTMENT SHALL INCLUDE A PLACE ON EVERY PERSONAL INCOME TAX
RETURN FORM TO BE FILED BY AN INDIVIDUAL FOR A TAX YEAR BEGINNING ON  OR
AFTER  JANUARY  FIRST,  TWO THOUSAND NINE, IMMEDIATELY ABOVE THE CERTIF-
ICATION UNDER WHICH THE TAXPAYER IS REQUIRED TO SIGN SUCH FORM, FOR SUCH
TAXPAYER TO MAKE THE DESIGNATIONS DESCRIBED IN  PARAGRAPH  ONE  OF  THIS
SUBSECTION.  SUCH RETURN FORM SHALL CONTAIN A CONCISE EXPLANATION OF THE
PURPOSE OF SUCH OPTIONAL DESIGNATIONS.
  S 12. Campaign finance review panel. 1. There is  hereby  created  and
established the "campaign finance review panel". The panel shall consist
of  the  commissioner of taxation and finance, the director of the divi-
sion of the budget, the state comptroller and the  two  members  of  the
state  board  of  elections  who rotate as chairperson of the board. The
commissioner of taxation and finance shall be chairperson.
  2. The panel is empowered and it shall be  its  duty  to  monitor  and
review  the  implementation of the 2010 Campaign Finance Reform Act. The
panel shall report to the governor and the legislature on March 31, 2011
and on March 31, 2013. The report  shall  include:  (a)  the  number  of
candidates  qualifying  and  opting  for  public  financing, the amounts
expended for this purpose in the preceding fiscal year and a  projection

A. 8902                            17

of the number of candidates likely to qualify and opt for public financ-
ing  and  their expenditures in future elections; (b) an analysis of the
effect of the 2010 Campaign Finance Reform Act on  political  campaigns,
including  its  effect  on the sources and amounts of private financing,
the level of campaign expenditures, voter participation, the  number  of
candidates  and  the  candidate's  ability  to  campaign effectively for
public office; (c) a review of  the  procedures  utilized  in  providing
public funds to candidates; and (d) such recommended changes in the 2010
Campaign Finance Reform Act as it deems appropriate.
  S  13.  Severability. If any clause, sentence, subdivision, paragraph,
section or part of title II of article 14 of the election law, as  added
by  section  seven  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 14. 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  2010  election,  all  state
candidates  and  constitutional convention delegates will be eligible to
participate in the public  financing  system  beginning  with  the  2014
election  and  state  legislature candidates will be eligible to partic-
ipate in the public financing system beginning with the 2016 election.

co-Sponsors

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2009-A8902A (ACTIVE) - Details

Current Committee:: Assembly Election Law
Law Section:: Election Law
Laws Affected:: Amd Art 14, add §§16-103 & 4-115, El L; add §92-t, St Fin L; amd §658, Tax L

2009-A8902A (ACTIVE) - Summary

2009-A8902A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8902A

TITLE  OF BILL:  An act to amend the election law, in relation to enact-
ing the "2010 Campaign Finance Reform 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 election law, in relation to identification of
the source of certain political communications

SUBJECT AND PURPOSE:  To provide optional public financing of  campaigns
for  statewide  offices,  state  legislative  offices and constitutional
convention delegates

SUMMARY AND DESCRIPTION OF PROVISIONS: The bill amends Article 14 of the
election law to designate the existing law Title I and adds an identifi-
cation requirement for independent political  communications,  a  filing
requirement  for independent expenditures and a requirement that certain
candidates disclose their intent to spend personal funds in a campaign.

It also adds a new Title II to Article 14 to provide for public  financ-
ing  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.

TITLE I PROVISIONS

Identification  of  Independent  Political  Communications:   The   bill
requires  all  independent political communications that expressly advo-
cate for the election or defeat of a clearly  identified,  candidate  or
the  success  or defeat of a ballot proposal and cost more than $1000 to
identify the source of the funding for such communication.

Independent Expenditures: The bill  requires  reporting  of  independent
expenditures  that  cost more than $1000 and expressly advocates for the
election or defeat of a clearly identified candidate or the  success  or
defeat  of  a ballot proposal. Independent expenditures that occur after
the last filing before an election must be reported within 24 hours.

Disclosure of the Intent to Use Personal Funds: Within  3  days  of  the
last  day  to  file  designating petitions, all candidates for statewide
office, state legislative office or constitutional  convention  delegate
must  file  a  statement  with  the  state board of elections disclosing
whether the candidate has or will contribute personal funds  to  his  or
her committee and estimating the amount of such funds.

TITLE II PROVISIONS

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 consti-

tutional 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,  authorize  a  single participating committee; and
identify the source of all campaign material.

Eligibility Threshold:
Governor: Must collect not less than $900,000 from at least 9,000 match-
able contributions made up of sums of up to $250 per individual contrib-
utor who resides in New York state.

Lt. Governor (primary only), Attorney Gen. & Comptroller:  Must  collect
not  less than $300,000 from at least 3,000 matchable contributions made
up of sums of up to $250 per individual contributor who resides  in  New
York Sate.

Senate:  Must  collect not less than $25,000 from at least 250 matchable
contributions made up of sums of up to $250 per  individual  contributor
who  resides  in New York state including at least $12,500 from at least
125 individual contributors who reside in the senate district  in  which
the seat is to be filled.

Assembly: Must collect not less than $10,300 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 in which the
seat is to be filled.

At-large Delegate to a Constitutional Convention: Must collect not  less
than  $25,000  from at least 250 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  in
which the seat is to be filled.

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  $4  for
every $1.

Triggers:
If,  however,  a  candidate  who  dots not elect to receive public funds
raises, spends or contributes his or her own personal funds in an amount

greater than the expenditure  limit  established  for  such  office  for
candidates  participating  in the public financing system, an additional
grant of public funds is given to the participating candidate.

Grants:
A  participating candidate may receive up to four grants equaling 25% of
the amount of public funds previously received by  the  candidate  as  a
match  for  matchable  contributions  obtained and reported to the state
board of elections. Each of the grants is added to the original expendi-
ture limit, effectively creating a new TRIGGER for the next  grant  when
the  nonparticipating candidate raises, spends or contributes his or her
own personal funds in an amount greater than the new expenditure limit.

Misc. Rules:
To receive public funds for a primary election, a  participating  candi-
date 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 whose opponents don't
raise or spend 10%  of  the  expenditure  limit  are  deemed  unopposed.
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), 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 (except brochures,
buttons, signs and other campaign material).

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

Expenditure Limits:
The following expenditure limits apply to all candidates who participate
in the public financing system:

                           General Election     Primary

Governor                     $12,000,000       1.1 per enrolled voter or
                                               $600,000, whichever
                                               is more, but not to
                                               exceed $6,000,000

Lt. Governor                    --             $1.1 per enrolled voter o
                                               $300,000, whichever
                                               is more, but not to
                                               exceed $3,000,000

Attorney General &           $6,000,000        Same as Lt, Governor
Comptroller

State Senator                $350,000          $2.50 per enrolled
                                               voter or
                                               $35,000, whichever
                                               is more, but not
                                               to exceed $350,000

Member of Assembly           $150,000          $2.50 per enrolled
                                               voter or $15,000,
                                               whichever is more,
                                               but not to exceed
                                               $150,000

At-Large Delegate            $350,000          $.15 per enrolled voter
                                               or $75,000, whichever
                                               is more, but not
                                               to exceed $175,000

District Delegate            $75,000           $1.10 per enrolled voter
                                               in the district or
                                               $5,000, whichever is
                                               more, but not to
                                               exceed $50,000

Party Expenditures in Support of Participating Candidates:
Notwithstanding  the  expenditure  limits  for participating candidates,
state party committees may make the following expenditures for  services
to participating candidates:

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 tray constitute up to 25% of
such party expenditures.

Tax Check-off:
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.  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:

TITLE: I

The  knowing  and  willful  failure  to  identify the source of campaign
communications will subject the candidate to a civil fine equal to $1000
or the cost of the communication, whichever is greater.

A failure to file the statements required for an independent expenditure
shall subject the person or entity to a cavil fine of $500.

A knowing and willful failure to file the statement  required  regarding
the use of personal funds in a campaign shall subject the candidate to a
civil fine of up to $5000.

TITLE II

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.

If a participating candidate's aggregate Expenditures exceed the expend-
iture limitations, the candidate is liable for a  civil  penalty  in  an
amount equal to three times- the amount of the excess.

LEGISLATIVE HISTORY: A11507-a of 2008.

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  hybrid  "matching  plus 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 impor-
tant to the public. The matching component allows for  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. The  grant
components  containing  4  separate triggers, allows candidates that are
outspent to remain competitive without giving a participating  candidate
an unnecessary windfall.

The identification requirement for independent political communications,
the  filing requirement for independent expenditures and the requirement
that candidates disclose their intent  to  spend  personal  funds  in  a
campaign provide both participants and non-participants with information
necessary  to  formulate  their  campaign  strategy. The opportunity for
party committees to make limited expenditures in support of  participat-
ing  candidates  provides  flexibility  to  both  the candidates and the
parties.

Overall, the bill strikes a balance that allows challengers  and  incum-
bents  to  compete  fairly while capping the amount of public funds that
will be expended.

FISCAL IMPLICATIONS: There will be no cost in  2009.    In  2010,  there
could be costs associated with participating candidates seeking election
to the office of State comptroller. There would be no cost in 2011, 2012
and  2013.  In  2014, there could be costs associated with participating
candidates seeking election to a  statewide  office  and  constitutional
delegate.  There  will be no cost in 2015. In 2016, there could be costs
associated with  participating  candidates  seeking  election  to  state
legislative  office.  There  would  be no cost in 2017.   In 2018, there
could be costs associated with participating candidates seeking election
to a statewide office, state legislative office and constitutional dele-
gate. 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 2010 election, all state-
wide candidates and constitutional delegates will be eligible to partic-
ipate in 2014 and state  legislative  candidates  will  be  eligible  to
participate in 2016.

2009-A8902A (ACTIVE) - Bill Text download pdf

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

                                 8902--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 13, 2009
                               ___________

Introduced  by  M.  of  A. SILVER, MILLMAN, CARROZZA, WRIGHT, WEINSTEIN,
  GOTTFRIED, ESPAILLAT, PEOPLES-STOKES -- Multi-Sponsored by -- M. of A.
  ALESSI, BENEDETTO, BING, BOYLAND,  BRENNAN,  BRODSKY,  CAHILL,  CANES-
  TRARI,  CHRISTENSEN,  CLARK,  COLTON, COOK, DelMONTE, DINOWITZ, ENGLE-
  BRIGHT, FIELDS, GALEF, GANTT, GIANARIS, GLICK, GORDON, GUNTHER,  HOOP-
  ER,  HOYT,  JACOBS,  JOHN,  KOON,  LANCMAN,  LATIMER,  LAVINE, LENTOL,
  LIFTON, LUPARDO, McENENY, MORELLE, NOLAN,  O'DONNELL,  ORTIZ,  PAULIN,
  PERRY,  PHEFFER,  PRETLOW,  REILLY, P. RIVERA, ROSENTHAL, SCARBOROUGH,
  SWEENEY, WEISENBERG -- read once and  referred  to  the  Committee  on
  Election  Law  --  committed  to Election Law -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to  amend  the  election law, in relation to enacting the "2010
  Campaign Finance Reform 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 election law, in relation to identification of the
  source of certain political communications

  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 "2010 Campaign Finance Reform Act".
  S 2. Legislative findings and declaration.   The legislature  declares
that it is in the public interest to create and ensure a truly democrat-
ic  political  system  in  which citizens, irrespective of their income,
status, or financial connections, are enabled and encouraged to  compete
for  public  office.  Therefore,  the  legislature finds it necessary to
establish a system of public financing for all qualified candidates  for
state elective offices and constitutional convention delegates.
  S  3. The article heading of article 14 of the election law is amended
to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14376-06-0

A. 8902--A                          2

          CAMPAIGN RECEIPTS AND EXPENDITURES; PUBLIC FINANCING

  S 4. Section 14-100 of the election law is amended by adding three new
subdivisions 12, 13, and 14 to read as follows:
  12. "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.
  13. "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 EMPLOYEES OF A BUSI-
NESS ENTITY.
  14. "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  ARTI-
CLE, EACH LOCAL, PARENT NATIONAL OR PARENT INTERNATIONAL ORGANIZATION OF
A  STATEWIDE LABOR ORGANIZATION, AND EACH STATEWIDE FEDERATION RECEIVING
DUES FROM SUBSIDIARY LABOR ORGANIZATIONS, SHALL BE CONSIDERED A SEPARATE
LABOR ORGANIZATION.
  S 5. Section 14-106 of the election law, as amended by  chapter  8  of
the laws of 1978, is amended to read as follows:
  S  14-106.  Political  [advertisements  and literature] COMMUNICATION.
The statements required to be filed under the provisions of this article
next succeeding a primary, general or special election shall be accompa-
nied by a [facsimile or] copy of all BROADCAST, CABLE OR SATELLITE SCHE-
DULES  AND  SCRIPTS,  advertisements,  pamphlets,   circulars,   flyers,
brochures,  letterheads  and  other printed matter purchased or produced
[and a schedule of all radio or television time, and scripts used there-
in], AND REPRODUCTIONS OF STATEMENTS OR  INFORMATION  CONVEYED  TO  FIVE
HUNDRED  OR  MORE  MEMBERS  OF  A GENERAL PUBLIC AUDIENCE BY COMPUTER OR
OTHER ELECTRONIC DEVICE, purchased in connection with such  election  by
or under the authority of the person filing the statement or the commit-
tee  or the person on whose behalf it is filed, as the case may be. Such
[facsimiles,] copies, schedules and scripts shall be  preserved  by  the
officer with whom or the board with which it is required to be filed for
a period of one year from the date of filing thereof.
  S  5-a.  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 BY A PERSON
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 STATEMENTS OR INFOR-
MATION CONVEYED TO FIVE HUNDRED OR MORE  MEMBERS  OF  A  GENERAL  PUBLIC
AUDIENCE  BY  COMPUTER  OR OTHER ELECTRONIC DEVICES WHICH: (I) EXPRESSLY
ADVOCATES THE ELECTION OR DEFEAT OF A CLEARLY  IDENTIFIED  CANDIDATE  OR
THE  SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE, THE

A. 8902--A                          3

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.
  (B) INDEPENDENT EXPENDITURES 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.
  (C) 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  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 POLITICAL 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 STATE
BOARD OF ELECTIONS.
  3. (A) ANY PERSON WHICH MAKES INDEPENDENT EXPENDITURES THAT COST  MORE
THAN ONE THOUSAND DOLLARS IN THE AGGREGATE SHALL REPORT SUCH INDEPENDENT
EXPENDITURES  TO  THE STATE BOARD OF ELECTIONS ON STATEMENTS AS PROVIDED
FOR IN SECTION 14-108 OF THIS ARTICLE.
  (B) ANY INDEPENDENT EXPENDITURE 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 ARTICLE.
  4. EACH SUCH STATEMENT SHALL INCLUDE:
  (A) THE NAME AND ADDRESS OF THE PERSON MAKING THE STATEMENT;
  (B) THE NAME AND ADDRESS OF THE PERSON MAKING THE INDEPENDENT EXPENDI-
TURE;
  (C) THE NAME AND ADDRESS OF ANY PERSON OR  ENTITY  PROVIDING  A  GIFT,
LOAN,  ADVANCE  OR  DEPOSIT OF ONE HUNDRED DOLLARS OR MORE FOR THE INDE-
PENDENT EXPENDITURE, OR THE PROVISION OF SERVICES FOR THE SAME, AND  THE
DATE  IT  WAS GIVEN; PROVIDED, HOWEVER, THE NAME AND ADDRESS OF A MEMBER
OF A LABOR ORGANIZATION IS NOT REQUIRED FOR A  GIFT,  LOAN,  ADVANCE  OR
DEPOSIT  OF  ONE  HUNDRED  DOLLARS  OR MORE TO A LABOR ORGANIZATION OR A
LABOR ORGANIZATION POLITICAL ACTION COMMITTEE;
  (D) THE DOLLAR AMOUNT PAID FOR EACH INDEPENDENT EXPENDITURE, 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; AND
  (E) THE ELECTION TO WHICH THE INDEPENDENT EXPENDITURE PERTAINS AND THE
NAME OF THE CLEARLY IDENTIFIED CANDIDATE OR THE BALLOT  PROPOSAL  REFER-
ENCED.
  5.  ANY  REPORT  MADE PURSUANT TO THIS SECTION SHALL INCLUDE A COPY OF
ALL MATERIALS THAT PERTAIN TO THE INDEPENDENT EXPENDITURE, INCLUDING BUT
NOT LIMITED TO BROADCAST,  CABLE  OR  SATELLITE  SCHEDULE  AND  SCRIPTS,

A. 8902--A                          4

ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS, BROCHURES, LETTERHEADS AND
OTHER PRINTED MATTER.
  6.  ANY  REPORT  OF A LOAN THAT IS MADE FOR AN INDEPENDENT EXPENDITURE
SHALL INCLUDE WRITTEN EVIDENCE OF THE INDEBTEDNESS.
  7. 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.
  8.  THE  STATE  BOARD  OF  ELECTIONS SHALL PROMULGATE REGULATIONS WITH
RESPECT TO THE STATEMENTS REQUIRED TO BE FILED BY THIS SECTION AND SHALL
PROVIDE FORMS SUITABLE FOR SUCH STATEMENTS.
  S 5-b. 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.  1. Any poli-
tical 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  pursu-
ant  to this article, 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.
  2. NO LATER THAN THREE DAYS AFTER THE LAST  DAY  TO  FILE  DESIGNATING
PETITIONS, A CANDIDATE FOR STATEWIDE OFFICE, STATE LEGISLATIVE OFFICE OR
CONSTITUTIONAL CONVENTION DELEGATE SHALL FILE A STATEMENT WITH THE STATE
BOARD  OF ELECTIONS STATING WHETHER THE CANDIDATE HAS OR WILL CONTRIBUTE
PERSONAL FUNDS TO HIS OR  HER  AUTHORIZED  COMMITTEE  FOR  USE  IN  SUCH
ELECTION  AND AN ESTIMATE OF THE AMOUNT OF PERSONAL FUNDS CONTRIBUTED OR
TO BE CONTRIBUTED.  THE KNOWING AND WILLFUL FAILURE TO FILE  THE  STATE-
MENT REQUIRED BY THIS SUBDIVISION SHALL SUBJECT THE CANDIDATE TO A CIVIL
PENALTY  NOT  TO EXCEED FIVE THOUSAND DOLLARS IN A SPECIAL PROCEEDING OR
CIVIL ACTION BROUGHT BY THE STATE BOARD OF ELECTIONS.
  S 5-c. Section 14-126 of the election law, as amended by chapter 8  of
the laws of 1978, subdivision 1 as amended by chapter 128 of the laws of
1994,  subdivisions 2, 3, and 4 as redesignated by chapter 9 of the laws
of 1978, is amended to read as follows:
  S 14-126. Violations; penalties. 1. Any person who  fails  to  file  a
statement  required  to  be  filed by this article shall be subject to a
civil penalty, not in excess of five hundred dollars, to be  recoverable
in a special proceeding or civil action to be brought by the state board
of elections or other board of elections.
  2.  ANY PERSON WHO KNOWINGLY AND WILLFULLY FAILS TO IDENTIFY INDEPEND-
ENT  EXPENDITURES  AS  REQUIRED  BY SUBDIVISION TWO OF SECTION 14-107 OR
KNOWINGLY AND WILLFULLY FAILS TO FILE THE STATEMENT REQUIRED BY SUBDIVI-
SION TWO OF SECTION 14-112 SHALL BE SUBJECT TO  A  CIVIL  PENALTY  IN  A
SPECIAL  PROCEEDING  OR  CIVIL  ACTION  BROUGHT  BY  THE  STATE BOARD OF
ELECTIONS.
  [2.] 3. Any person who knowingly and willfully fails to file a  state-
ment required to be filed by this article within ten days after the date
provided for filing such statement or any person who knowingly and will-
fully  violates any other provision of this article shall be guilty of a
misdemeanor.
  [3.] 4. 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 guil-
ty of a misdemeanor.
  [4.] 5. Any person who shall, acting on behalf of a candidate or poli-
tical committee, knowingly and willfully solicit, organize or coordinate

A. 8902--A                          5

the formation of activities of one or more unauthorized committees, make
expenditures  in connection with the nomination for election or election
of any candidate, or solicit any person to make any  such  expenditures,
for the purpose of evading the contribution limitations of this article,
shall be guilty of a class E felony.
  S  6. Sections 14-100 through 14-130 of article 14 of the election law
are designated title 1 and a new title  heading  is  added  to  read  as
follows:

                   CAMPAIGN RECEIPTS AND EXPENDITURES

  S 7. Article 14 of the election law is amended by adding a new title 2
to read as follows:
                                 TITLE II
                            PUBLIC FINANCING
SECTION 14-200. DEFINITIONS.
        14-202. ELIGIBILITY.
        14-204. QUALIFIED CAMPAIGN EXPENDITURES.
        14-206. OPTIONAL PUBLIC FINANCING.
        14-208. CONTRIBUTION AND RECEIPT LIMITATIONS.
        14-210. EXPENDITURE LIMITATIONS.
        14-212. EXAMINATIONS AND AUDITS; REPAYMENTS.
        14-214. CIVIL PENALTIES.
  S  14-200.  DEFINITIONS. AS USED IN THIS TITLE, UNLESS ANOTHER MEANING
IS CLEARLY INDICATED:
  1. THE TERM "STATE BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
  2. THE TERM "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  POLITICAL
COMMITTEE  WHICH A CANDIDATE CERTIFIES IS THE COMMITTEE THAT WILL SOLELY
BE USED TO PARTICIPATE IN THE PUBLIC  FINANCING  SYSTEM  ESTABLISHED  BY
THIS TITLE AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY, GENERAL
OR  SPECIAL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT.  A MULTI-CAN-
DIDATE 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 "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 STATE BOARD,
INCLUDING THE CONTRIBUTOR'S FULL NAME AND RESIDENTIAL ADDRESS.  "MATCHA-
BLE  CONTRIBUTIONS" SHALL BE THE NET AMOUNT OF ANY MONETARY CONTRIBUTION
REALIZED BY A CANDIDATE OR  DESIGNATED  COMMITTEE  AFTER  DEDUCTING  THE
REASONABLE  VALUE  OF  ANY GOODS OR SERVICES PROVIDED THE CONTRIBUTOR IN
CONNECTION WITH THE CONTRIBUTION, EXCEPT  THAT  CONTRIBUTIONS  FROM  ANY
PERSON WHO HAS RECEIVED A PAYMENT OR ANYTHING OF VALUE FROM SUCH COMMIT-

A. 8902--A                          6

TEE  OR  FROM  A PERSON WHO IS AN OFFICER, DIRECTOR OR EMPLOYEE OF, OR A
PERSON WHO HAS A TEN PERCENT OR GREATER OWNERSHIP INTEREST IN ANY ENTITY
WHICH HAS RECEIVED SUCH A PAYMENT OR THING OF VALUE SHALL NOT BE MATCHA-
BLE.  A LOAN MAY NOT BE TREATED AS A MATCHABLE CONTRIBUTION.
  6. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE
FOR WHICH PUBLIC FUNDS MAY BE USED.
  7.  THE  TERM  "FUND"  SHALL  MEAN THE NEW YORK STATE CAMPAIGN FINANCE
FUND.
  8. 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 14-202  OF  THIS
TITLE,  IN  ORDER  TO  QUALIFY FOR OPTIONAL PUBLIC FINANCING PURSUANT TO
THIS TITLE.
  9. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS IN  SUBDIVI-
SION NINE OF SECTION 14-100 OF THIS ARTICLE.
  S 14-202. ELIGIBILITY. 1. TO BE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING
UNDER THIS TITLE, A CANDIDATE FOR NOMINATION OR ELECTION MUST:
  (A)  MEET ALL THE REQUIREMENTS OF THIS CHAPTER AND OTHER PROVISIONS OF
LAW TO HAVE HIS OR HER NAME ON THE BALLOT;
  (B) BE A CANDIDATE 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 STATE BOARD ANY EVIDENCE IT MAY
REASONABLY  REQUEST  RELATING  TO  HIS  OR  HER CAMPAIGN EXPENDITURES OR
CONTRIBUTIONS AND FURNISH SUCH OTHER PROOF OF COMPLIANCE WITH THIS TITLE
AS MAY BE REQUESTED BY THE STATE BOARD;
  (E) HAVE A SINGLE AUTHORIZED  POLITICAL  COMMITTEE  WHICH  HE  OR  SHE
CERTIFIES AS THE PARTICIPATING COMMITTEE FOR THE PURPOSES OF THIS TITLE;
AND
  (F)  AGREE TO IDENTIFY ACCURATELY IN ALL CAMPAIGN MATERIALS THE PERSON
OR ENTITY THAT PAID FOR SUCH CAMPAIGN MATERIAL.
  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  NINE
HUNDRED  THOUSAND DOLLARS FROM AT LEAST NINE THOUSAND MATCHABLE CONTRIB-
UTIONS 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 THREE
HUNDRED THOUSAND DOLLARS FROM AT LEAST THREE 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-FIVE THOUSAND DOLLARS FROM AT LEAST TWO
HUNDRED FIFTY 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 TWELVE THOUSAND FIVE HUNDRED DOLLARS FROM AT
LEAST ONE HUNDRED TWENTY-FIVE INDIVIDUAL CONTRIBUTORS WHO RESIDE IN  THE
SENATE DISTRICT IN WHICH THE SEAT IS TO BE FILLED.

A. 8902--A                          7

  (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
ASSEMBLY 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-FIVE THOUSAND DOLLARS FROM AT
LEAST TWO HUNDRED FIFTY 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 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 RECEIPT AND EXPENDITURE 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 AT LEAST
ONE OTHER CANDIDATE FOR SUCH OFFICE IN SUCH ELECTION WHO ALSO ELECTED TO
PARTICIPATE IN THE PUBLIC FINANCING SYSTEM, OR SUCH CANDIDATE'S  COMMIT-
TEE,  OR  AT  LEAST ONE OTHER CANDIDATE FOR SUCH OFFICE IN SUCH ELECTION
WHO HAS NOT ELECTED TO PARTICIPATE, OR SUCH CANDIDATE'S COMMITTEE,  HAVE
EITHER SPENT, CONTRACTED OR OBLIGATED TO SPEND, OR HAVE CONTRIBUTED SUCH
CANDIDATE'S  PERSONAL  FUNDS  TO  SUCH  CANDIDATE'S  COMMITTEE  OR  HAVE
RECEIVED IN LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING TEN  PERCENT  OF
THE EXPENDITURE LIMIT FOR SUCH OFFICE IN SUCH ELECTION WHICH IS FIXED BY
THIS  TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT SUCH PUBLIC FUNDS.
IF ANY CANDIDATE FOR AN OFFICE  AND  THE  COMMITTEE  OF  SUCH  CANDIDATE
REACHES  THE  THRESHOLD  TO  QUALIFY TO RECEIVE PUBLIC FUNDS, OR SPENDS,
CONTRACTS  OR  OBLIGATES  TO  SPEND,  OR  CONTRIBUTES  SUCH  CANDIDATE'S
PERSONAL  FUNDS  TO  SUCH  CANDIDATE'S COMMITTEE OR RECEIVES IN LOANS OR
CONTRIBUTIONS, AN AMOUNT EXCEEDING TEN PERCENT OF THE EXPENDITURE  LIMIT
FOR  SUCH  OFFICE IN SUCH ELECTION AT ANY TIME AFTER THE FILING DEADLINE
FOR THE LAST REPORT REQUIRED TO BE FILED BEFORE THE  FIRST  DISTRIBUTION
OF  PUBLIC  FUNDS  FOR  SUCH  ELECTION, SUCH CANDIDATE OR COMMITTEE MUST
NOTIFY THE STATE BOARD OF THAT FACT WITHIN TWENTY-FOUR HOURS IN THE SAME
MANNER AS PROVIDED IN SUBDIVISION TWO OF SECTION 14-108 OF THIS ARTICLE.
  S 14-204. 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,

A. 8902--A                          8

IN  THE  CASE  OF A SPECIAL ELECTION, FOR EXPENDITURES DURING THE PERIOD
COMMENCING THREE MONTHS BEFORE AND ENDING ONE MONTH AFTER  SUCH  SPECIAL
ELECTION.  THE  TOTAL OF ALL EXPENDITURES MADE BY THE CANDIDATE AND SUCH
CANDIDATE'S  PARTICIPATING  COMMITTEE,  INCLUDING  ALL PAYMENTS RECEIVED
FROM THE FUND, SHALL NOT EXCEED THE EXPENDITURE LIMITATIONS  ESTABLISHED
IN  SECTION  14-210  OF  THIS TITLE, EXCEPT INSOFAR AS SUCH PAYMENTS ARE
MADE TO REPAY LOANS USED TO PAY CAMPAIGN EXPENDITURES.
  2. SUCH PUBLIC FUNDS MAY NOT BE USED FOR:
  (A) AN EXPENDITURE IN VIOLATION OF ANY LAW OF THE UNITED STATES OR  OF
THIS STATE;
  (B)  PAYMENTS  OR  ANYTHING OF VALUE GIVEN OR MADE TO THE CANDIDATE, A
RELATIVE OF THE CANDIDATE, OR TO A BUSINESS ENTITY  IN  WHICH  ANY  SUCH
PERSON  HAS  A TEN PERCENT OR GREATER OWNERSHIP INTEREST OR OF WHICH ANY
SUCH PERSON IS AN OFFICER, DIRECTOR OR EMPLOYEE;
  (C) PAYMENT IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES, MATERIALS,
FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
  (D) ANY EXPENDITURE MADE AFTER THE  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.
  (E)  ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION,  ACCEPTANCE,
AUTHORIZATION, DECLINATION OR SUBSTITUTION;
  (F)  EXPENDITURE FOR NONCAMPAIGN RELATED FOOD, DRINK OR ENTERTAINMENT;
AND
  (G) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER CAMPAIGN MATERI-
AL.
  S 14-206. OPTIONAL PUBLIC FINANCING. 1. 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 STATE 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 FOUR DOLLARS IN PUBLIC  FUNDS  FOR  EACH  ONE  DOLLAR  OF
MATCHABLE  CONTRIBUTIONS  OBTAINED  AND  REPORTED  TO THE STATE BOARD IN
ACCORDANCE WITH THE PROVISIONS OF THIS TITLE,  PROVIDED,  HOWEVER,  SUCH
PUBLIC FUNDS SHALL ONLY BE USED FOR QUALIFIED CAMPAIGN EXPENDITURES.
  3.  (A)  HOWEVER,  IF  ANY CANDIDATE IN ANY ELECTION FOR AN OFFICE FOR
WHICH PUBLIC FUNDS ARE AVAILABLE PURSUANT  TO  THE  PROVISIONS  OF  THIS
TITLE,  ELECTS  NOT  TO  ACCEPT  PUBLIC FUNDS AND SUCH CANDIDATE OR SUCH
CANDIDATE'S COMMITTEE EITHER SPENDS, CONTRACTS OR OBLIGATES TO SPEND, OR
CONTRIBUTES SUCH CANDIDATE'S PERSONAL FUNDS TO SUCH CANDIDATE'S  COMMIT-
TEE  OR  RECEIVES  IN  LOANS  OR  CONTRIBUTIONS, AN AMOUNT EXCEEDING THE
EXPENDITURE LIMIT FOR SUCH OFFICE, AS FIXED BY THIS TITLE FOR CANDIDATES
WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS,  THEN  (I)  SUCH  CANDIDATE  OR
COMMITTEE  MUST  NOTIFY  THE  STATE BOARD OF THE FACT WITHIN TWENTY-FOUR

A. 8902--A                          9

HOURS VIA THE INTERNET USING THE ELECTRONIC FILING SYSTEM ESTABLISHED BY
THE STATE BOARD, OR IF SUCH CANDIDATE DOES NOT FILE  ELECTRONICALLY  VIA
THE INTERNET, BY FACSIMILE OR OVERNIGHT MAIL; AND (II) THE PARTICIPATING
COMMITTEE OF EACH PARTICIPATING CANDIDATE FOR SUCH OFFICE SHALL BE ENTI-
TLED  TO  A  GRANT  OF  PUBLIC FUNDS EQUAL TO TWENTY-FIVE PERCENT OF THE
TOTAL AMOUNT OF PUBLIC FUNDS RECEIVED BY THE PARTICIPATING CANDIDATE FOR
MATCHABLE CONTRIBUTIONS OBTAINED AND REPORTED TO THE STATE  BOARD.  SUCH
GRANT  SHALL BE PAID WITHIN TWO BUSINESS DAYS AND SHALL ONLY BE USED FOR
QUALIFIED CAMPAIGN EXPENDITURES.
  (B) HOWEVER, IF ANY CANDIDATE IN ANY ELECTION FOR AN OFFICE FOR  WHICH
PUBLIC  FUNDS  ARE  AVAILABLE  PURSUANT TO THE PROVISIONS OF THIS TITLE,
ELECTS NOT TO ACCEPT PUBLIC FUNDS AND SUCH CANDIDATE OR SUCH CANDIDATE'S
COMMITTEE EITHER SPENDS, CONTRACTS OR OBLIGATES TO SPEND, OR CONTRIBUTES
SUCH  CANDIDATE'S  PERSONAL  FUNDS  TO  SUCH  CANDIDATE'S  COMMITTEE  OR
RECEIVES IN LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING THE TOTAL OF THE
EXPENDITURE LIMIT FOR SUCH OFFICE, AS FIXED BY THIS TITLE FOR CANDIDATES
WHO  HAVE  ELECTED  TO ACCEPT PUBLIC FUNDS, PLUS THE TWENTY-FIVE PERCENT
GRANT ALREADY RECEIVED BY THE PARTICIPATING  CANDIDATE,  THEN  (I)  SUCH
CANDIDATE  OR  COMMITTEE  MUST NOTIFY THE STATE BOARD OF THE FACT WITHIN
TWENTY-FOUR HOURS VIA THE INTERNET USING THE  ELECTRONIC  FILING  SYSTEM
ESTABLISHED BY THE STATE BOARD, OR IF SUCH CANDIDATE DOES NOT FILE ELEC-
TRONICALLY  VIA  THE  INTERNET, BY FACSIMILE OR OVERNIGHT MAIL; AND (II)
THE PARTICIPATING COMMITTEE OF EACH  PARTICIPATING  CANDIDATE  FOR  SUCH
OFFICE SHALL BE ENTITLED TO AN ADDITIONAL GRANT OF PUBLIC FUNDS EQUAL TO
TWENTY-FIVE  PERCENT OF THE TOTAL AMOUNT OF PUBLIC FUNDS RECEIVED BY THE
PARTICIPATING  CANDIDATE  FOR  MATCHABLE  CONTRIBUTIONS   OBTAINED   AND
REPORTED  TO  THE STATE BOARD. SUCH GRANT SHALL BE PAID WITHIN TWO BUSI-
NESS DAYS AND SHALL ONLY BE USED FOR QUALIFIED CAMPAIGN EXPENDITURES.
  (C) HOWEVER, IF ANY CANDIDATE IN ANY ELECTION FOR AN OFFICE FOR  WHICH
PUBLIC  FUNDS  ARE  AVAILABLE  PURSUANT TO THE PROVISIONS OF THIS TITLE,
ELECTS NOT TO ACCEPT PUBLIC FUNDS AND SUCH CANDIDATE OR SUCH CANDIDATE'S
COMMITTEE EITHER SPENDS, CONTRACTS OR OBLIGATES TO SPEND, OR CONTRIBUTES
SUCH  CANDIDATE'S  PERSONAL  FUNDS  TO  SUCH  CANDIDATE'S  COMMITTEE  OR
RECEIVES IN LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING THE TOTAL OF THE
EXPENDITURE LIMIT FOR SUCH OFFICE, AS FIXED BY THIS TITLE FOR CANDIDATES
WHO  HAVE  ELECTED  TO ACCEPT PUBLIC FUNDS, PLUS THE FIFTY PERCENT TOTAL
AGGREGATE GRANT ALREADY RECEIVED BY THE  PARTICIPATING  CANDIDATE,  THEN
(I)  SUCH CANDIDATE OR COMMITTEE MUST NOTIFY THE STATE BOARD OF THE FACT
WITHIN TWENTY-FOUR HOURS VIA THE INTERNET USING  THE  ELECTRONIC  FILING
SYSTEM  ESTABLISHED  BY  THE  STATE BOARD, OR IF SUCH CANDIDATE DOES NOT
FILE ELECTRONICALLY VIA THE INTERNET, BY FACSIMILE  OR  OVERNIGHT  MAIL;
AND (II) THE PARTICIPATING COMMITTEE OF EACH PARTICIPATING CANDIDATE FOR
SUCH  OFFICE  SHALL  BE  ENTITLED TO AN ADDITIONAL GRANT OF PUBLIC FUNDS
EQUAL TO TWENTY-FIVE  PERCENT  OF  THE  TOTAL  AMOUNT  OF  PUBLIC  FUNDS
RECEIVED  BY  THE  PARTICIPATING  CANDIDATE  FOR MATCHABLE CONTRIBUTIONS
OBTAINED AND REPORTED TO THE STATE BOARD. SUCH GRANT SHALL BE PAID WITH-
IN TWO BUSINESS DAYS AND SHALL  ONLY  BE  USED  FOR  QUALIFIED  CAMPAIGN
EXPENDITURES.
  (D)  HOWEVER, IF ANY CANDIDATE IN ANY ELECTION FOR AN OFFICE FOR WHICH
PUBLIC FUNDS ARE AVAILABLE PURSUANT TO THE  PROVISIONS  OF  THIS  TITLE,
ELECTS NOT TO ACCEPT PUBLIC FUNDS AND SUCH CANDIDATE OR SUCH CANDIDATE'S
COMMITTEE EITHER SPENDS, CONTRACTS OR OBLIGATES TO SPEND, OR CONTRIBUTES
SUCH  CANDIDATE'S  PERSONAL  FUNDS  TO  SUCH  CANDIDATE'S  COMMITTEE  OR
RECEIVES IN LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING THE TOTAL OF THE
EXPENDITURE LIMIT FOR SUCH OFFICE, AS FIXED BY THIS TITLE FOR CANDIDATES
WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, PLUS THE  SEVENTY-FIVE  PERCENT

A. 8902--A                         10

TOTAL  AGGREGATE  GRANT ALREADY RECEIVED BY THE PARTICIPATING CANDIDATE,
THEN (I) SUCH CANDIDATE OR COMMITTEE MUST NOTIFY THE STATE BOARD OF  THE
FACT  WITHIN  TWENTY-FOUR  HOURS  VIA  THE INTERNET USING THE ELECTRONIC
FILING  SYSTEM ESTABLISHED BY THE STATE BOARD, OR IF SUCH CANDIDATE DOES
NOT FILE ELECTRONICALLY VIA THE  INTERNET,  BY  FACSIMILE  OR  OVERNIGHT
MAIL;  AND (II) THE PARTICIPATING COMMITTEE OF EACH PARTICIPATING CANDI-
DATE FOR SUCH OFFICE SHALL BE ENTITLED TO AN ADDITIONAL GRANT OF  PUBLIC
FUNDS  EQUAL  TO TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT OF PUBLIC FUNDS
RECEIVED BY THE  PARTICIPATING  CANDIDATE  FOR  MATCHABLE  CONTRIBUTIONS
OBTAINED AND REPORTED TO THE STATE BOARD. SUCH GRANT SHALL BE PAID WITH-
IN TWO BUSINESS DAYS AND MAY ONLY BE USED FOR QUALIFIED CAMPAIGN EXPEND-
ITURES.
  4.  (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 EXPENDITURE 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.
  5. THE STATE 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.
  6.  THE STATE BOARD SHALL PROMULGATE REGULATIONS FOR THE CERTIFICATION
OF THE AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER, FROM THE FUND  ESTAB-
LISHED  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 STATE BOARD SHALL INSTITUTE  PROCEDURES  WHICH  WILL  MAKE
POSSIBLE  PAYMENT BY THE FUND WITHIN FOUR BUSINESS DAYS AFTER RECEIPT OF
THE REQUIRED FORMS AND VERIFICATIONS.
  S 14-208. 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
COMMITTEE MAY ACCEPT ANY CONTRIBUTION FROM ANY CONTRIBUTOR WHICH, IN THE
AGGREGATE AMOUNT, IS GREATER THAN TWO THOUSAND DOLLARS.
  2.  (A) NOTWITHSTANDING THE EXPENDITURE 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 COMMITTEE MAY
ACCEPT FROM A STATE PARTY 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 EXPENDITURE 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  COMMITTEE  MAY

A. 8902--A                         11

ACCEPT  FROM  A STATE PARTY 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 EXPENDITURE 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 PARTY COMMITTEE WHICH HAS NOMINATED SUCH CANDIDATE SERVICES
IN  AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT EXCEED ONE HUNDRED THOU-
SAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE PERCENT OF SUCH AMOUNT
MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (D)  NOTWITHSTANDING THE EXPENDITURE 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 PRIMARY, GENERAL
OR  SPECIAL  ELECTION  OR  SUCH  CANDIDATE'S PARTICIPATING COMMITTEE MAY
ACCEPT FROM A STATE PARTY 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.
  (E)  NOTWITHSTANDING THE EXPENDITURE 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  CONSTITUTIONAL
CONVENTION IN A  GENERAL  ELECTION  OR  SUCH  CANDIDATE'S  PARTICIPATING
COMMITTEE  MAY  ACCEPT  FROM A STATE PARTY 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 EXPENDITURE 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  CONSTITUTIONAL
CONVENTION  IN  A  GENERAL  ELECTION  OR  SUCH CANDIDATE'S PARTICIPATING
COMMITTEE MAY ACCEPT FROM A STATE PARTY 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  PARTY  COMMITTEE
INCLUDES ANY OF ITS SUBCOMMITTEES.
  3.  NOTWITHSTANDING  ANY  EXPENDITURE  LIMIT IN THIS SUBDIVISION, EACH
COUNTY COMMITTEE OF ANY PARTY WHICH NOMINATES A CANDIDATE FOR  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  PARTY  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 STATE BOARD OR,  IN  THE  ABSENCE  OF  SUCH  OFFICIAL
FORMULAS,  IN ACCORDANCE WITH A FORMULA BASED UPON REASONABLE STANDARDS.
THE STATEMENTS FILED BY SUCH PARTY 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

A. 8902--A                         12

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.
CONTRIBUTIONS TO A PARTICIPATING CANDIDATE  OR  PARTICIPATING  COMMITTEE
WHICH  WERE  RECEIVED BEFORE THE EFFECTIVE DATE OF THIS TITLE MAY NOT BE
EXPANDED IN ANY ELECTION FOR ANY SUCH OFFICE.
  6. EXCEPT FOR THE LIMITATIONS SPECIFICALLY SET FORTH IN THIS  SECTION,
PARTICIPATING  CANDIDATES  SHALL  BE  SUBJECT  TO THE PROVISIONS OF THIS
ARTICLE.
  S 14-210. EXPENDITURE LIMITATIONS. THE FOLLOWING  EXPENDITURE  LIMITA-
TIONS  APPLY  TO  ALL EXPENDITURES BY PARTICIPATING CANDIDATES AND THEIR
PARTICIPATING  COMMITTEES  RECEIVING  PUBLIC  FUNDS  PURSUANT   TO   THE
PROVISIONS OF THIS TITLE:
  1.  (A)  IN ANY PRIMARY ELECTION, EXPENDITURES BY PARTICIPATING CANDI-
DATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
  (I) FOR GOVERNOR, THE SUM OF ONE DOLLAR AND TEN CENTS FOR  EACH  VOTER
ENROLLED  IN THE CANDIDATE'S PARTY IN THE STATE; PROVIDED, HOWEVER, SUCH
SUM SHALL NOT BE LESS THAN NINE HUNDRED THOUSAND DOLLARS NOR  MORE  THAN
NINE MILLION DOLLARS;
  (II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
OF  ONE  DOLLAR AND TEN CENTS FOR EACH VOTER ENROLLED IN THE CANDIDATE'S
PARTY IN THE STATE; PROVIDED, HOWEVER, SUCH SUM SHALL NOT BE  LESS  THAN
SIX HUNDRED THOUSAND DOLLARS NOR MORE THAN SIX MILLION DOLLARS;
  (III)  FOR  SENATOR,  THE  SUM OF TWO DOLLARS AND FIFTY CENTS FOR EACH
VOTER  ENROLLED  IN  THE  CANDIDATE'S  PARTY  IN  THE  SENATE  DISTRICT;
PROVIDED,  HOWEVER, SUCH SUM SHALL NOT BE LESS THAN THIRTY-FIVE THOUSAND
DOLLARS NOR MORE THAN THREE HUNDRED FIFTY THOUSAND DOLLARS;
  (IV) FOR MEMBER OF THE ASSEMBLY, THE SUM  OF  TWO  DOLLARS  AND  FIFTY
CENTS  FOR  EACH VOTER ENROLLED IN THE CANDIDATE'S PARTY IN THE ASSEMBLY
DISTRICT; PROVIDED, HOWEVER, SUCH SUM SHALL NOT  BE  LESS  THAN  FIFTEEN
THOUSAND DOLLARS NOR MORE THAN ONE HUNDRED FIFTY THOUSAND DOLLARS;
  (V)  FOR  AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION, THE SUM OF
FIFTEEN CENTS FOR EACH VOTER ENROLLED IN THE CANDIDATE'S  PARTY  IN  THE
STATE;  PROVIDED,  HOWEVER, SUCH SUM SHALL NOT BE LESS THAN SEVENTY-FIVE
THOUSAND  DOLLARS  NOR  MORE  THAN  ONE  HUNDRED  SEVENTY-FIVE  THOUSAND
DOLLARS;
  (VI) FOR DISTRICT DELEGATES TO A CONSTITUTIONAL CONVENTION, THE SUM OF
ONE  DOLLAR  AND  TEN  CENTS  FOR EACH VOTER ENROLLED IN THE CANDIDATE'S
PARTY IN THE DISTRICT; PROVIDED, HOWEVER, SUCH SUM  SHALL  NOT  BE  LESS
THAN FIVE THOUSAND DOLLARS NOR MORE THAN FIFTY THOUSAND DOLLARS;
  (B)  THE  ENROLLMENT  NUMBERS USED TO CALCULATE THE EXPENDITURE LIMITS
PROVIDED FOR IN THIS SUBDIVISION SHALL BE THE ENROLLMENTS DULY  REPORTED
BY  THE  APPROPRIATE  BOARD OR BOARDS OF ELECTION AS OF THE LAST GENERAL
ELECTION PRECEDING THE PRIMARY ELECTION.

A. 8902--A                         13

  2.  IN ANY GENERAL OR SPECIAL ELECTION, EXPENDITURES BY  PARTICIPATING
CANDIDATES  FOR THE FOLLOWING OFFICES AND BY THEIR PARTICIPATING COMMIT-
TEES 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
  COMPTROLLER                                                $8,000,000
  MEMBER OF SENATE                                           $350,000
  MEMBER OF ASSEMBLY                                         $150,000
  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 EXPEND BEFORE THE PRIMARY ELECTION, FOR SERVICES, MATE-
RIALS OR FACILITIES USED ON OR BEFORE THE DATE OF SUCH PRIMARY ELECTION,
AN AMOUNT EQUAL TO HALF THE SUM SUCH CANDIDATES  WOULD  BE  ENTITLED  TO
SPEND  IF  THEIR  NOMINATION  WAS  CONTESTED  IN  SUCH  PRIMARY ELECTION
PROVIDED THERE IS A PRIMARY CONTEST FOR THE NOMINATION OF AT  LEAST  ONE
OTHER PARTY FOR SUCH OFFICE.
  4.  EXPENDITURES  FOR LEGAL FEES AND REASONABLE EXPENSES TO DEFEND THE
VALIDITY OF PETITIONS OF DESIGNATION OR NOMINATION  OR  CERTIFICATES  OF
NOMINATION,  ACCEPTANCE,  AUTHORIZATION, DECLINATION OR SUBSTITUTION, OR
TO SUCCESSFULLY CHALLENGE ANY SUCH PETITION OR CERTIFICATE ON GROUNDS OF
FRAUD, OR FOR EXPENSES INCURRED TO  COMPLY  WITH  THE  CAMPAIGN  FINANCE
REPORTING  REQUIREMENTS  OF  THIS  ARTICLE,  SHALL NOT BE SUBJECT TO THE
EXPENDITURE LIMITS OF THIS SUBDIVISION.
  S 14-212. EXAMINATIONS AND AUDITS;  REPAYMENTS.  1.  THE  STATE  BOARD
SHALL  CONDUCT A THOROUGH EXAMINATION AND AUDIT OF THE CONTRIBUTIONS AND
QUALIFIED CAMPAIGN EXPENSES OF  THE  PARTICIPATING  COMMITTEE  OF  EVERY
PARTICIPATING CANDIDATE WHO RECEIVED PAYMENTS PURSUANT TO SECTION 14-206
OF THIS TITLE.
  2.  (A)  IF THE STATE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT
MADE TO A PARTICIPATING COMMITTEE FROM THE FUND WAS  IN  EXCESS  OF  THE
AGGREGATE  AMOUNT OF PAYMENTS TO WHICH SUCH ELIGIBLE CANDIDATE WAS ENTI-
TLED PURSUANT TO SECTION 14-206 OF THIS  TITLE,  IT  SHALL  NOTIFY  SUCH
COMMITTEE OF THE EXCESS AMOUNT AND SUCH COMMITTEE SHALL PAY TO THE STATE
BOARD AN AMOUNT EQUAL TO THE AMOUNT OF EXCESS PAYMENTS.
  (B) IF THE STATE BOARD DETERMINES THAT ANY AMOUNT OF PAYMENT MADE TO 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 STATE BOARD AN AMOUNT EQUAL  TO  SUCH  DISQUALIFIED
AMOUNT.
  (C)  IF THE TOTAL OF CONTRIBUTIONS AND PAYMENTS FROM THE FUND RECEIVED
BY  ANY  PARTICIPATING  CANDIDATE  AND  SUCH  CANDIDATE'S  PARTICIPATING
COMMITTEE,  EXCEEDS  THE  CAMPAIGN  EXPENDITURES  OF  SUCH CANDIDATE AND
COMMITTEE, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS  FUNDS  TO
REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH COMMITTEE FROM THE FUND
NOT LATER THAN TEN DAYS AFTER ALL PERMISSIBLE LIABILITIES HAVE BEEN PAID
AND  IN ANY EVENT, NOT LATER THAN MARCH THIRTY-FIRST OF THE YEAR FOLLOW-
ING THE YEAR OF THE ELECTION FOR WHICH SUCH PAYMENTS WERE  INTENDED.  NO
SUCH EXCESS FUNDS SHALL BE USED FOR ANY OTHER PURPOSE.
  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

A. 8902--A                         14

STATE  BOARD  AN  AMOUNT  EQUAL TO THE TOTAL OF PUBLIC FUNDS RECEIVED BY
SUCH PARTICIPATING COMMITTEE.
  4.  THE  STATE  BOARD  MUST PROVIDE WRITTEN NOTICE OF ALL PAYMENTS DUE
FROM A PARTICIPATING CANDIDATE OR  SUCH  CANDIDATE'S  COMMITTEE  TO  THE
STATE 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  STATE BOARD, THE AMOUNT DUE SHALL BE PAID TO THE
STATE BOARD WITHIN THIRTY DAYS OF SUCH DETERMINATION.
  5. ALL PAYMENTS RECEIVED BY THE STATE BOARD PURSUANT TO  THIS  SECTION
SHALL  BE  DEPOSITED  IN THE NEW YORK STATE CAMPAIGN FINANCE FUND ESTAB-
LISHED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  S 14-214. CIVIL PENALTIES. 1. ANY PERSON WHO FAILS TO FILE A STATEMENT
OR RECORD REQUIRED TO BE FILED BY THIS TITLE OR THE RULES OR REGULATIONS
OF THE STATE BOARD IN IMPLEMENTATION THEREOF SHALL BE SUBJECT TO A CIVIL
PENALTY, NOT IN EXCESS OF FIVE THOUSAND DOLLARS, TO BE RECOVERABLE IN  A
SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE STATE BOARD.
  2.  IF  THE AGGREGATE AMOUNT OF EXPENDITURES BY A PARTICIPATING CANDI-
DATE AND SUCH CANDIDATE'S PARTICIPATING COMMITTEE EXCEEDS  THE  EXPENDI-
TURE  LIMITATIONS  CONTAINED  IN THIS TITLE SUCH PARTICIPATING CANDIDATE
SHALL BE LIABLE FOR A CIVIL PENALTY IN AN AMOUNT EQUAL  TO  THREE  TIMES
THE  SUM  BY  WHICH SUCH EXPENDITURES EXCEED THE PERMITTED AMOUNT, TO BE
RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE STATE
BOARD.
  3. ALL PAYMENTS RECEIVED BY THE STATE BOARD PURSUANT TO  THIS  SECTION
SHALL  BE  DEPOSITED  IN THE NEW YORK STATE CAMPAIGN FINANCE FUND ESTAB-
LISHED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  S 8. 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 14-202 OF THIS CHAPTER AND ANY  QUESTION
OR ISSUE RELATING TO PAYMENTS FOR QUALIFIED CAMPAIGN EXPENDITURES PURSU-
ANT  TO  SECTION 14-206 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 14-206
OF THIS CHAPTER SHALL BE INSTITUTED WITHIN SEVEN DAYS AFTER SUCH  DETER-
MINATION  WAS  MADE.  THE  STATE BOARD SHALL BE MADE A PARTY TO ANY SUCH
PROCEEDING.
  3. UPON THE STATE 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 SUBDIVISION FOUR OF
SECTION  14-212 OF THIS CHAPTER, THE STATE BOARD IS AUTHORIZED TO INSTI-
TUTE A SPECIAL PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY COUN-
TY, TO OBTAIN A JUDGMENT FOR ANY AMOUNTS DETERMINED TO BE PAYABLE TO THE
STATE BOARD AS A RESULT OF AN EXAMINATION AND  AUDIT  MADE  PURSUANT  TO
TITLE II OF ARTICLE FOURTEEN OF THIS CHAPTER.
  4.  THE STATE 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 STATE BOARD PURSUANT TO
SECTION 14-214 OF THIS CHAPTER.
  S 9. 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

A. 8902--A                         15

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.
  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 10. 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 JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
COMMISSIONER  OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW YORK
STATE CAMPAIGN FINANCE FUND.
  2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE NEW  YORK
STATE  CAMPAIGN  FINANCE  FUND  CHECK-OFF  PURSUANT TO SUBSECTION (F) OF
SECTION SIX HUNDRED FIFTY-EIGHT OF THE TAX LAW, FROM THE  GENERAL  FUND,
AND FROM ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER
FUND OR SOURCE PURSUANT TO LAW.
  3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE  EXPENDED  FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT
TO TITLE II OF ARTICLE FOURTEEN OF THE ELECTION  LAW.  MONEYS  SHALL  BE
PAID  OUT  OF THE FUND ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER
ON VOUCHERS CERTIFIED OR APPROVED BY THE STATE BOARD  OF  ELECTIONS,  OR
ITS DULY DESIGNATED REPRESENTATIVE, IN THE MANNER PRESCRIBED BY LAW, NOT
MORE  THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS RECEIVED BY THE STATE
COMPTROLLER.
  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 STATE BOARD OF ELECTIONS, ANY SUCH DEFICIENCY SHALL
BE PAID, UPON AUDIT AND WARRANT OF THE  STATE  COMPTROLLER,  FROM  FUNDS
DEPOSITED  IN  THE  GENERAL FUND OF THE STATE NOT MORE THAN FOUR WORKING
DAYS AFTER SUCH VOUCHER IS RECEIVED BY THE STATE COMPTROLLER.
  5. COMMENCING IN TWO THOUSAND FIFTEEN, IF THE SURPLUS IN THE  FUND  ON
APRIL  FIRST  OF  THE  YEAR  AFTER A YEAR IN WHICH A GOVERNOR IS ELECTED
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.

A. 8902--A                         16

  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 CANDIDATES IN A
SPECIAL ELECTION ANY EARLIER THAN THE DAY AFTER THE  LAST  DAY  TO  FILE
CERTIFICATES OF PARTY NOMINATION FOR SUCH SPECIAL ELECTION.
  9.  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 11. Section 658 of the tax law is amended by adding a new subsection
(f) to read as follows:
  (F) NEW YORK STATE CAMPAIGN FINANCE FUND  CHECK-OFF.    (1)  FOR  EACH
TAXABLE  YEAR  BEGINNING  ON  AND AFTER JANUARY FIRST, TWO THOUSAND TEN,
EVERY INDIVIDUAL WHOSE NEW YORK STATE INCOME TAX LIABILITY FOR THE TAXA-
BLE YEAR FOR WHICH THE RETURN IS FILED  IS  FIVE  DOLLARS  OR  MORE  MAY
DESIGNATE  ON  SUCH  RETURN  THAT FIVE DOLLARS BE PAID INTO THE NEW YORK
STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T  OF  THE
STATE  FINANCE  LAW.    WHERE A HUSBAND AND WIFE FILE A JOINT RETURN AND
HAVE A NEW YORK STATE INCOME TAX LIABILITY  FOR  THE  TAXABLE  YEAR  FOR
WHICH  THE  RETURN  IS  FILED  OF  TEN DOLLARS OR MORE, OR FILE SEPARATE
RETURNS ON A SINGLE FORM, EACH SUCH TAXPAYER MAY  MAKE  SEPARATE  DESIG-
NATIONS  ON  SUCH  RETURN  OF  FIVE DOLLARS TO BE PAID INTO THE NEW YORK
STATE CAMPAIGN FINANCE FUND.
  (2) THE COMMISSIONER SHALL TRANSFER TO THE  NEW  YORK  STATE  CAMPAIGN
FINANCE  FUND, ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE STATE
FINANCE LAW, AN AMOUNT EQUAL TO FIVE DOLLARS MULTIPLIED BY THE NUMBER OF
DESIGNATIONS.
  (3) FOR PURPOSES OF THIS SUBSECTION, THE INCOME TAX  LIABILITY  OF  AN
INDIVIDUAL  FOR ANY TAXABLE YEAR IS THE AMOUNT OF TAX IMPOSED UNDER THIS
ARTICLE REDUCED BY THE SUM OF THE  CREDITS  (AS  SHOWN  IN  HIS  OR  HER
RETURN) ALLOWABLE UNDER THIS ARTICLE.
  (4)  THE DEPARTMENT SHALL INCLUDE A PLACE ON EVERY PERSONAL INCOME TAX
RETURN FORM TO BE FILED BY AN INDIVIDUAL FOR A TAX YEAR BEGINNING ON  OR
AFTER  JANUARY  FIRST,  TWO  THOUSAND TEN, IMMEDIATELY ABOVE THE CERTIF-
ICATION UNDER WHICH THE TAXPAYER IS REQUIRED TO SIGN SUCH FORM, FOR SUCH
TAXPAYER TO MAKE THE DESIGNATIONS DESCRIBED IN  PARAGRAPH  ONE  OF  THIS
SUBSECTION.  SUCH RETURN FORM SHALL CONTAIN A CONCISE EXPLANATION OF THE
PURPOSE OF SUCH OPTIONAL DESIGNATIONS.
  S 12. Campaign finance review panel. 1. There is  hereby  created  and
established the "campaign finance review panel". The panel shall consist
of  the  commissioner of taxation and finance, the director of the divi-
sion of the budget, the state comptroller and the  two  members  of  the
state  board  of  elections  who rotate as chairperson of the board. The
commissioner of taxation and finance shall be chairperson.
  2. The panel is empowered and it shall be  its  duty  to  monitor  and
review  the  implementation of the 2010 Campaign Finance Reform Act. The
panel shall report to the governor and the legislature on March 31, 2012
and on March 31, 2014. The report  shall  include:  (a)  the  number  of
candidates  qualifying  and  opting  for  public  financing, the amounts
expended for this purpose in the preceding fiscal year and a  projection

A. 8902--A                         17

of the number of candidates likely to qualify and opt for public financ-
ing  and  their expenditures in future elections; (b) an analysis of the
effect of the 2010 Campaign Finance Reform Act on  political  campaigns,
including  its  effect  on the sources and amounts of private financing,
the level of campaign expenditures, voter participation, the  number  of
candidates  and  the  candidate's  ability  to  campaign effectively for
public office; (c) a review of  the  procedures  utilized  in  providing
public funds to candidates; and (d) such recommended changes in the 2010
Campaign Finance Reform Act as it deems appropriate.
  S  13.  Severability. If any clause, sentence, subdivision, paragraph,
section or part of title II of article 14 of the election law, as  added
by  section  seven  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 14. 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  2010  election,  all  state
candidates  and  constitutional convention delegates will be eligible to
participate in the public  financing  system  beginning  with  the  2014
election  and  state  legislature candidates will be eligible to partic-
ipate in the public financing system beginning with the 2016 election.

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Assembly Bill A8902

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

Joan Millman

Ann-Margaret Carrozza

Keith L.T. Wright

Helene Weinstein

multi-Sponsors

Marc Alessi

Michael Benedetto

Jonathan Bing

William Boyland

2009-A8902 - Details

2009-A8902 - Summary

2009-A8902 - Sponsor Memo

2009-A8902 - Bill Text download pdf

co-Sponsors

Joan Millman

Ann-Margaret Carrozza

Keith L.T. Wright

Helene Weinstein

multi-Sponsors

Marc Alessi

Michael Benedetto

Jonathan Bing

William Boyland

2009-A8902A (ACTIVE) - Details

2009-A8902A (ACTIVE) - Summary

2009-A8902A (ACTIVE) - Sponsor Memo

2009-A8902A (ACTIVE) - Bill Text download pdf

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