S T A T E   O F   N E W   Y O R K
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                                  11640

                          I N  A S S E M B L Y

                              July 6, 2010
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. Kavanagh) --
  read once and referred to the Committee on Election Law

AN  ACT  to amend the election law, in relation to providing for a state
  board of elections enforcement unit and counsel

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

  Section  1.  Subdivision  3  of  section 3-100 of the election law, as
amended by chapter 220 of the laws  of  2005,  is  amended  to  read  as
follows:
  3.  The  commissioners  of  the state board of elections shall have no
other public employment. The commissioners shall receive an annual sala-
ry of twenty-five thousand dollars, within the  amounts  made  available
therefor by appropriation. The board shall, for the purposes of sections
seventy-three  and  seventy-four of the public officers law, be a "state
agency", and such commissioners shall be "officers" of the  state  board
of  elections for the purposes of such sections. Within the amounts made
available by appropriation therefor, the state board of elections  shall
appoint  two co-executive directors, [counsel] AN ENFORCEMENT COUNSEL, A
DEPUTY ENFORCEMENT COUNSEL, WHO SHALL BE A MEMBER OF A  DIFFERENT  MAJOR
POLITICAL PARTY THAN THE ENFORCEMENT COUNSEL, A SPECIAL COUNSEL, A DEPU-
TY SPECIAL COUNSEL, WHO SHALL BE A MEMBER OF A DIFFERENT MAJOR POLITICAL
PARTY  THAN  THE  SPECIAL  COUNSEL, A DIRECTOR OF ELECTION OPERATIONS, A
DEPUTY DIRECTOR OF ELECTION OPERATIONS, WHO  SHALL  BE  A  MEMBER  OF  A
DIFFERENT  MAJOR  POLITICAL  PARTY  THAN  THE DIRECTOR OF ELECTION OPER-
ATIONS, A DIRECTOR OF PUBLIC INFORMATION, A DEPUTY  DIRECTOR  OF  PUBLIC
INFORMATION,  WHO SHALL BE A MEMBER OF A DIFFERENT MAJOR POLITICAL PARTY
THAN THE DIRECTOR OF PUBLIC INFORMATION and such other staff members  as
are  necessary  in  the  exercise  of  its  functions, and may fix their
compensation. [Anytime after the effective date of the  chapter  of  the
laws  of  two  thousand  five  which  amended this subdivision, the] THE
commissioners or, in the case of a vacancy on the board, the commission-
er of each of the major political parties shall appoint one co-executive
director. Each co-executive director shall serve a term of  four  years.
THE  ENFORCEMENT COUNSEL AND THE SPECIAL COUNSEL SHALL EACH SERVE A TERM
OF FOUR YEARS AND MAY ONLY BE REMOVED FOR CAUSE.   ANY  TIME  AFTER  THE
EFFECTIVE  DATE  OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TEN AMENDING
THIS SUBDIVISION, THE COMMISSIONERS, OR IN THE CASE OF A VACANCY ON  THE
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16946-01-0

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BOARD,  THE  COMMISSIONER,  OF EACH OF THE SAME MAJOR POLITICAL PARTY AS
THE INCUMBENT ENFORCEMENT COUNSEL, DEPUTY ENFORCEMENT  COUNSEL,  SPECIAL
COUNSEL, DEPUTY SPECIAL COUNSEL, DIRECTOR OF ELECTION OPERATIONS, DEPUTY
DIRECTOR  OF  ELECTION  OPERATIONS,  DIRECTOR  OF PUBLIC INFORMATION AND
DEPUTY DIRECTOR OF PUBLIC  INFORMATION,  SHALL  APPOINT  SUCH  COUNSELS,
DIRECTORS AND DEPUTIES. Any vacancy in the office of co-executive direc-
tor,  ENFORCEMENT  COUNSEL, DEPUTY ENFORCEMENT COUNSEL, SPECIAL COUNSEL,
DEPUTY SPECIAL COUNSEL, DIRECTOR OF ELECTION OPERATIONS, DEPUTY DIRECTOR
OF ELECTION OPERATIONS, DIRECTOR OF PUBLIC INFORMATION AND DEPUTY DIREC-
TOR OF PUBLIC INFORMATION, shall be filled by the commissioners  or,  in
the  case  of a vacancy on the board, the commissioner of the same major
political party as the vacating incumbent for the  remaining  period  of
the  term  of  such  vacating incumbent, FOR THE REMAINING PERIOD OF THE
TERM OF SUCH VACATING INCUMBENT.
  S 2. Subdivision 3, paragraph (c) of subdivision 9-A  and  subdivision
17  of  section  3-102  of  the  election  law, subdivisions 3 and 17 as
amended by chapter 9 of the laws of 1978, paragraph (c)  of  subdivision
9-A  as  added  by chapter 430 of the laws of 1997 and subdivision 17 as
renumbered by chapter 23 of the laws of 2005, are  amended  to  read  as
follows:
  3.  conduct any investigation necessary to carry out the provisions of
this chapter, PROVIDED, HOWEVER,  THAT  THE  STATE  BOARD  OF  ELECTIONS
ENFORCEMENT COUNSEL, ESTABLISHED PURSUANT TO SECTION 3-104 OF THIS ARTI-
CLE, SHALL CONDUCT ANY INVESTIGATION NECESSARY TO ENFORCE THE PROVISIONS
OF ARTICLE FOURTEEN OF THIS CHAPTER ON BEHALF OF THE BOARD OF ELECTIONS;
  (c) establish [a] AN EDUCATIONAL AND training program on ALL REPORTING
REQUIREMENTS INCLUDING BUT NOT LIMITED TO the electronic reporting proc-
ess  and  make  it EASILY AND READILY available to any such candidate or
committee AND NOTIFY ANY SUCH CANDIDATE OR COMMITTEE OF THE AVAILABILITY
OF THE MOST RECENT CAMPAIGN FINANCE HANDBOOK;
  17.   HEAR AND CONSIDER THE RECOMMENDATIONS  OF  THE  STATE  BOARD  OF
ELECTIONS ENFORCEMENT COUNSEL REGARDING THE ENFORCEMENT OF VIOLATIONS OF
ARTICLE FOURTEEN OF THIS CHAPTER;
  18.  perform  such  other  acts  as  may be necessary to carry out the
purposes of this chapter.
  S 3. Section 3-104 of the election law, subdivisions 1, 3, 4 and 5  as
redesignated  and  subdivision  2 as amended by chapter 9 of the laws of
1978, is amended to read as follows:
  S 3-104. State board of elections AND THE  STATE  BOARD  OF  ELECTIONS
ENFORCEMENT  COUNSEL;  enforcement powers.  1. (A) THERE SHALL BE A UNIT
KNOWN AS THE STATE BOARD OF ELECTIONS ENFORCEMENT UNIT ESTABLISHED WITH-
IN THE STATE BOARD OF ELECTIONS. THE HEAD OF  SUCH  UNIT  SHALL  BE  THE
ENFORCEMENT COUNSEL.
  (B)  The  state  board of elections shall have jurisdiction of, and be
responsible for, the execution and  enforcement  of  the  provisions  of
[article   fourteen  of  this  chapter  and  other]  statutes  governing
campaigns, elections and related procedures; PROVIDED HOWEVER  THAT  THE
ENFORCEMENT  COUNSEL SHALL HAVE SOLE AUTHORITY WITHIN THE STATE BOARD OF
ELECTIONS TO INVESTIGATE ON HIS OR HER OWN INITIATIVE OR UPON COMPLAINT,
ALLEGED  VIOLATIONS  OF  ARTICLE  FOURTEEN  OF  THIS  CHAPTER  AND   ALL
COMPLAINTS  ALLEGING  ARTICLE  FOURTEEN VIOLATIONS SHALL BE FORWARDED TO
THE ENFORCEMENT UNIT. NOTHING IN THIS  SECTION  SHALL  BE  CONSTRUED  TO
DIMINISH OR ALTER THE STATE BOARD OF ELECTIONS' JURISDICTION PURSUANT TO
THIS CHAPTER.
  2.  Whenever  [the state board of elections or other] A LOCAL board of
elections shall determine, on its own initiative or upon  complaint,  or

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otherwise,  that  there  is substantial reason to believe a violation of
this chapter or  any  code  or  regulation  promulgated  thereunder  has
[occurred]  BEEN  COMMITTED  BY  A CANDIDATE OR POLITICAL COMMITTEE THAT
FILES STATEMENTS OR IS REQUIRED TO DO SO PURSUANT TO ARTICLE FOURTEEN OF
THIS  CHAPTER  SOLELY WITH SUCH LOCAL BOARD, it shall expeditiously make
an investigation which shall also include investigation of  reports  and
statements  made  or  failed to be made by the complainant and any poli-
tical committee supporting his candidacy if the complainant is a  candi-
date  or,  if  the complaint was made by an officer or member of a poli-
tical committee, of reports and statements made or failed to be made  by
such  political committee and any candidates supported by it. [The state
board of elections, in lieu of making such an investigation, may  direct
the  appropriate board of elections to make an investigation.] The state
board of elections may request, and shall receive, the assistance of the
state police in any investigation it shall conduct.
  3. [If, after an investigation, the state or other board of  elections
finds  reasonable  cause to believe that a violation warranting criminal
prosecution has taken place, it shall forthwith refer the matter to  the
district  attorney of the appropriate county and shall make available to
such district attorney all relevant  papers,  documents,  testimony  and
findings relevant to its investigation.
  4.  The  state  or  other  board  of elections may, where appropriate,
commence a judicial proceeding with respect to the filing or failure  to
file  any  statement  of receipts, expenditures, or contributions, under
the provisions of this chapter, and the state  board  of  elections  may
direct  the  appropriate  other  board  of  elections  to  commence such
proceeding.
  5.]  IF THE ENFORCEMENT COUNSEL DETERMINES THAT A VIOLATION OF  SUBDI-
VISION  ONE  OF  SECTION 14-126 OF THIS CHAPTER HAS OCCURRED WHICH COULD
WARRANT A CIVIL PENALTY, THE ENFORCEMENT COUNSEL SHALL, UPON HIS OR  HER
DISCRETION,  SEEK  TO  RESOLVE THE MATTER EXTRA-JUDICIALLY OR COMMENCE A
SPECIAL PROCEEDING IN THE SUPREME COURT PURSUANT TO  SECTION  16-114  OF
THIS CHAPTER.
  4. UPON RECEIPT OF A COMPLAINT AND SUPPORTING INFORMATION OR AN INTER-
NAL  REFERRAL  FROM THE ENFORCEMENT UNIT ALLEGING ANY OTHER VIOLATION OF
ARTICLE FOURTEEN OF THIS CHAPTER, THE ENFORCEMENT COUNSEL SHALL  ANALYZE
THE  FACTS  AND THE LAW RELEVANT TO SUCH COMPLAINT OR REFERRAL TO DETER-
MINE IF AN INVESTIGATION SHOULD BE UNDERTAKEN. THE  ENFORCEMENT  COUNSEL
SHALL, IF NECESSARY, REQUEST ADDITIONAL INFORMATION FROM THE COMPLAINANT
TO ASSIST SUCH COUNSEL IN MAKING THIS DETERMINATION. SUCH ANALYSIS SHALL
INCLUDE  THE  FOLLOWING:  FIRST, WHETHER THE ALLEGATIONS, IF TRUE, WOULD
CONSTITUTE A VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER AND,  SECOND,
WHETHER THE ALLEGATIONS ARE SUPPORTED BY CREDIBLE EVIDENCE.
  5.   IF  THE  ENFORCEMENT  COUNSEL  DETERMINES  THAT  THE  ALLEGATIONS
CONTAINED IN A COMPLAINT, IF TRUE, WOULD NOT CONSTITUTE A  VIOLATION  OF
ARTICLE  FOURTEEN  OF  THIS  CHAPTER  OR  THAT  THE  ALLEGATIONS ARE NOT
SUPPORTED BY CREDIBLE EVIDENCE, HE OR SHE SHALL: (A) NOTIFY  THE  DEPUTY
ENFORCEMENT  COUNSEL  OF  SUCH DETERMINATION AND (B) PUBLICLY NOTIFY THE
STATE BOARD OF ELECTIONS OF SUCH DETERMINATION. IF THE  STATE  BOARD  OF
ELECTIONS PUBLICLY DETERMINES, AS PROVIDED IN THIS TITLE, THAT THE ALLE-
GATIONS,  IF  TRUE,  WOULD CONSTITUTE A VIOLATION OF ARTICLE FOURTEEN OF
THIS CHAPTER AND THAT THE ALLEGATIONS APPEAR TO BE SUPPORTED BY CREDIBLE
EVIDENCE, IT SHALL DIRECT THAT THE ENFORCEMENT COUNSEL CONDUCT AN INVES-
TIGATION. LACKING SUCH A DETERMINATION, THE  ENFORCEMENT  COUNSEL  SHALL
ISSUE A LETTER TO THE COMPLAINANT DISMISSING THE COMPLAINT.

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  6.  IF  THE  ENFORCEMENT  COUNSEL  DETERMINES THAT THE ALLEGATIONS, IF
TRUE, WOULD CONSTITUTE A VIOLATION OF ARTICLE FOURTEEN OF  THIS  CHAPTER
AND THAT THE ALLEGATIONS APPEAR TO BE SUPPORTED BY CREDIBLE EVIDENCE, HE
OR  SHE  SHALL:  (A) NOTIFY THE DEPUTY ENFORCEMENT COUNSEL OF (I) HIS OR
HER  INTENT TO RESOLVE THE MATTER EXTRA-JUDICIALLY DUE TO THE DE MINIMUS
NATURE OF THE VIOLATION; OR (II) HIS OR HER INTENT TO COMMENCE AN INVES-
TIGATION, AND (B) PUBLICLY NOTIFY THE STATE BOARD OF ELECTIONS  OF  SUCH
INTENT  NO  LATER  THAN  THE  BOARD'S  NEXT REGULARLY SCHEDULED MEETING.
NOTIFICATION SHALL SUMMARIZE THE RELEVANT FACTS AND THE  APPLICABLE  LAW
AND  SHALL,  TO  THE EXTENT POSSIBLE, PROTECT FROM PUBLIC DISCLOSURE THE
IDENTITY OF THE COMPLAINANT AND THE INDIVIDUAL SUBJECT TO THE COMPLAINT.
THE DEPUTY ENFORCEMENT COUNSEL SHALL HAVE THE OPPORTUNITY TO REVIEW  THE
ENTIRE  FILE  OF ANY PRELIMINARY INVESTIGATION CONDUCTED BY THE ENFORCE-
MENT COUNSEL A MINIMUM OF TEN DAYS PRIOR  TO  SAID  REGULARLY  SCHEDULED
MEETING OF THE BOARD AND TO SUBMIT A PUBLIC, WRITTEN CONCURRENCE WITH OR
DISSENT FROM THE ENFORCEMENT COUNSEL'S PROPOSAL.
  7.  IF, UPON CONSIDERING THE ENFORCEMENT COUNSEL'S NOTICE OF INTENT TO
COMMENCE AN INVESTIGATION AND THE DEPUTY ENFORCEMENT COUNSEL'S RECOMMEN-
DATION, THE STATE BOARD OF ELECTIONS BELIEVES THAT THE  ALLEGATIONS,  IF
TRUE, WOULD NOT CONSTITUTE A VIOLATION OF ARTICLE FOURTEEN OF THIS CHAP-
TER,  OR THE ALLEGATIONS ARE NOT SUPPORTED BY CREDIBLE EVIDENCE OR, THAT
ON BALANCE, THE EQUITIES FAVOR A DISMISSAL OF THE COMPLAINT,  THE  BOARD
SHALL  PUBLICLY  DIRECT THAT AN INVESTIGATION NOT BE UNDERTAKEN NO LATER
THAN SIXTY DAYS AFTER THE RECEIPT OF NOTIFICATION FROM  THE  ENFORCEMENT
COUNSEL  OF HIS OR HER INTENT TO COMMENCE AN INVESTIGATION. IN DETERMIN-
ING WHETHER THE EQUITIES FAVOR A DISMISSAL OF THE COMPLAINT,  THE  STATE
BOARD OF ELECTIONS SHALL CONSIDER THE FOLLOWING FACTORS: (A) WHETHER THE
COMPLAINT  ALLEGES  A  DE  MINIMUS VIOLATION OF ARTICLE FOURTEEN OF THIS
CHAPTER; (B) WHETHER THE SUBJECT OF THE COMPLAINT HAS MADE A GOOD  FAITH
EFFORT  TO  CORRECT  THE  VIOLATION;  AND (C) WHETHER THE SUBJECT OF THE
COMPLAINT HAS A HISTORY OF SIMILAR VIOLATIONS.   DETERMINATIONS  OF  THE
STATE  BOARD  OF ELECTIONS TO DISMISS A COMPLAINT AND NOT PROCEED WITH A
FORMAL INVESTIGATION SHALL BE VOTED UPON AS PROVIDED IN SUBDIVISION FOUR
OF SECTION 3-100 OF THIS TITLE AT AN OPEN MEETING  PURSUANT  TO  ARTICLE
SEVEN  OF THE PUBLIC OFFICERS LAW, AND SHALL BE MADE ON A FAIR AND EQUI-
TABLE BASIS AND WITHOUT REGARD TO THE  STATUS  OF  THE  SUBJECT  OF  THE
COMPLAINT.
  8.  ABSENT A TIMELY DETERMINATION BY THE STATE BOARD OF ELECTIONS THAT
AN INVESTIGATION SHALL NOT BE UNDERTAKEN, THE ENFORCEMENT COUNSEL  SHALL
COMMENCE  AN INVESTIGATION ON A TIMELY BASIS. IF THE ENFORCEMENT COUNSEL
DETERMINES THAT ADDITIONAL INVESTIGATIVE  POWERS,  AS  PROVIDED  FOR  IN
SUBDIVISIONS  FOUR,  FIVE  AND  SIX  OF SECTION 3-102 OF THIS TITLE, ARE
NEEDED TO COMPLETE THE COUNSEL'S INVESTIGATION, HE OR SHE SHALL  REQUEST
SUCH  ADDITIONAL  POWERS  FROM THE STATE BOARD OF ELECTIONS. SUCH POWERS
SHALL BE GRANTED BY THE BOARD IN PUBLIC ONLY WHEN THE BOARD  FINDS  THAT
FURTHER INVESTIGATION IS WARRANTED AND JUSTIFIED.
  9.  AT  THE  CONCLUSION  OF ITS INVESTIGATION, THE ENFORCEMENT COUNSEL
SHALL PROVIDE THE DEPUTY ENFORCEMENT COUNSEL  AND  THE  STATE  BOARD  OF
ELECTIONS  WITH  A WRITTEN RECOMMENDATION AS TO: (A) WHETHER SUBSTANTIAL
REASON EXISTS TO BELIEVE A VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER
HAS OCCURRED AND, IF SO, THE NATURE OF THE VIOLATION AND ANY  APPLICABLE
PENALTY,  AS  DEFINED  IN  SECTION  14-126 OF THIS CHAPTER, BASED ON THE
NATURE OF THE VIOLATION; (B)  WHETHER  THE  MATTER  SHOULD  BE  RESOLVED
EXTRA-JUDICIALLY;  (C)  WHETHER A SPECIAL PROCEEDING SHOULD BE COMMENCED
IN THE SUPREME COURT TO RECOVER A  CIVIL  PENALTY;  AND  (D)  WHETHER  A
REFERRAL  SHOULD  BE MADE TO A DISTRICT ATTORNEY PURSUANT TO SUBDIVISION

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ELEVEN OF THIS SECTION BECAUSE REASONABLE  CAUSE  EXISTS  TO  BELIEVE  A
VIOLATION  WARRANTING  CRIMINAL  PROSECUTION HAS TAKEN PLACE. THE DEPUTY
ENFORCEMENT COUNSEL SHALL HAVE THE OPPORTUNITY TO REVIEW THE ENTIRE FILE
OF  ANY  INVESTIGATION CONDUCTED BY THE ENFORCEMENT COUNSEL A MINIMUM OF
TEN DAYS PRIOR TO SAID REGULARLY SCHEDULED MEETING OF THE BOARD  AND  TO
SUBMIT  A  PUBLIC, WRITTEN CONCURRENCE WITH OR DISSENT FROM THE ENFORCE-
MENT COUNSEL'S RECOMMENDATION.
  10. THE STATE BOARD OF ELECTIONS SHALL ACCEPT, MODIFY  OR  REJECT  THE
ENFORCEMENT  COUNSEL'S  RECOMMENDATION  NO  LATER  THAN SIXTY DAYS AFTER
RECEIPT OF SUCH RECOMMENDATION. IN MAKING ITS DETERMINATION,  THE  BOARD
SHALL  AGAIN  CONSIDER:  (A)  WHETHER THE COMPLAINT ALLEGES A DE MINIMUS
VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER; (B) WHETHER  THE  SUBJECT
OF  THE COMPLAINT HAS MADE A GOOD FAITH EFFORT TO CORRECT THE VIOLATION;
AND (C) WHETHER THE SUBJECT OF THE COMPLAINT HAS A  HISTORY  OF  SIMILAR
VIOLATIONS.  ALL  SUCH DETERMINATIONS SHALL BE VOTED UPON AS PROVIDED IN
SUBDIVISION FOUR OF SECTION 3-100 OF  THIS  TITLE  AT  AN  OPEN  MEETING
PURSUANT  TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW, AND SHALL BE MADE
ON A FAIR AND EQUITABLE BASIS, WITHOUT  REGARD  TO  THE  STATUS  OF  THE
SUBJECT OF THE COMPLAINT.
  11.  (A)  IF  THE  STATE BOARD OF ELECTIONS DETERMINES, AS PROVIDED IN
SUBDIVISION TEN OF THIS  SECTION,  THAT  SUBSTANTIAL  REASON  EXISTS  TO
BELIEVE  THAT  A  PERSON, ACTING AS OR ON BEHALF OF A CANDIDATE OR POLI-
TICAL COMMITTEE UNDER CIRCUMSTANCES EVINCING AN INTENT TO  VIOLATE  SUCH
LAW,  HAS UNLAWFULLY ACCEPTED A CONTRIBUTION IN EXCESS OF A CONTRIBUTION
LIMITATION ESTABLISHED IN ARTICLE FOURTEEN OF THIS CHAPTER, WHICH  COULD
WARRANT  A CIVIL PENALTY AS PROVIDED FOR IN SUBDIVISION THREE OF SECTION
14-126 OF THIS CHAPTER, THE BOARD SHALL DIRECT  THE  COMMENCEMENT  OF  A
SPECIAL PROCEEDING IN THE SUPREME COURT.
  (B)  IF THE STATE BOARD OF ELECTIONS DETERMINES, AS PROVIDED IN SUBDI-
VISION TEN OF THIS SECTION THAT REASONABLE CAUSE  EXISTS  TO  BELIEVE  A
VIOLATION  WARRANTING  CRIMINAL  PROSECUTION  HAS TAKEN PLACE, THE BOARD
SHALL REFER THE MATTER TO A DISTRICT ATTORNEY AND SHALL  MAKE  AVAILABLE
TO  SUCH DISTRICT ATTORNEY ALL PAPERS, DOCUMENTS, TESTIMONY AND FINDINGS
RELEVANT TO ITS INVESTIGATION.
  12. UPON NOTIFICATION THAT A SPECIAL PROCEEDING HAS BEEN COMMENCED  BY
A  PARTY  OTHER  THAN  THE STATE BOARD OF ELECTIONS, PURSUANT TO SECTION
16-114 OF THIS CHAPTER, THE STATE BOARD OF ELECTIONS  SHALL  DIRECT  THE
ENFORCEMENT  COUNSEL TO INVESTIGATE THE ALLEGED VIOLATIONS UNLESS OTHER-
WISE DIRECTED BY THE COURT.
  13. THE ENFORCEMENT COUNSEL SHALL PREPARE A REPORT, TO BE INCLUDED  IN
THE  ANNUAL  REPORT  TO  THE  GOVERNOR  AND LEGISLATURE, SUMMARIZING THE
ACTIVITIES OF THE UNIT DURING  THE  PREVIOUS  YEAR.  SUCH  REPORT  SHALL
INCLUDE:  (A)  THE  NUMBER  OF  COMPLAINTS  RECEIVED;  (B) THE NUMBER OF
COMPLAINTS THAT WERE FOUND TO NEED INVESTIGATION AND THE NATURE OF  EACH
COMPLAINT;  AND  (C) THE NUMBER OF MATTERS THAT HAVE BEEN RESOLVED.  THE
REPORT SHALL NOT CONTAIN ANY INFORMATION FOR  WHICH  DISCLOSURE  IS  NOT
PERMITTED.
  14.  The state board of elections may promulgate rules and regulations
consistent with law to effectuate the provisions of this section.
  S 4. The state of New York shall appropriate during each  fiscal  year
to the New York state board of elections enforcement unit, not less than
thirty-five percent of the appropriation available from the general fund
for  the  state  board  of  elections  to  pay  for the expenses of such
enforcement unit.
  S 5. This act shall take effect immediately.