S T A T E O F N E W Y O R K
________________________________________________________________________
6728
2009-2010 Regular Sessions
I N A S S E M B L Y
March 11, 2009
___________
Introduced by M. of A. WEINSTEIN, LANCMAN, JACOBS, GALEF, WRIGHT, GORDON
-- Multi-Sponsored by -- M. of A. AUBRY, BOYLAND, BRODSKY, CHRISTEN-
SEN, CLARK, COLTON, COOK, CYMBROWITZ, DINOWITZ, EDDINGTON, FARRELL,
FIELDS, GOTTFRIED, JAFFEE, JOHN, LATIMER, LENTOL, LUPARDO, MAGEE,
McENENY, MILLMAN, MORELLE, O'DONNELL, ORTIZ, PAULIN, PERALTA, PERRY,
POWELL, PRETLOW, RAMOS, REILLY, SCARBOROUGH, SCHROEDER, SWEENEY,
TITUS, WEISENBERG -- read once and referred to the Committee on
Election Law
AN ACT to amend the election law, in relation to judicial campaign
financing reform; and to amend the state finance law, in relation to
establishing the New York state judicial election campaign fund
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 "Judicial Campaign Finance Reform Act of 2009".
S 2. Legislative intent. An independent, impartial judiciary is funda-
mental to a democratic system of governance. The legislature finds and
declares that the independence and indicia of impartiality of our judi-
ciary are advanced by creating a system of partial public financing of
judicial campaigns. A system of partial public financing for judicial
elections, coupled with other changes in the judicial selection process,
is necessary to buttress the state's commitment to barring undue influ-
ence from judicial campaign financing and to better ensure a level
campaign environment in which all candidates are able to meaningfully
communicate their qualifications and ideas to the electorate.
S 3. The election law is amended by adding a new article 18 to read as
follows:
ARTICLE 18
JUDICIAL CAMPAIGN FINANCING
TITLE I. PUBLIC FINANCING FOR JUDICIAL ELECTIONS.
II. LOCAL OPTION PUBLIC FINANCING FOR JUDICIAL CANDIDATES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06342-01-9
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TITLE I
PUBLIC FINANCING FOR JUDICIAL ELECTIONS
SECTION 18-100. DEFINITIONS.
18-102. ELIGIBILITY.
18-104. QUALIFIED CAMPAIGN EXPENDITURES.
18-106. OPTIONAL PUBLIC FINANCING.
18-108. CONTRIBUTION AND RECEIPT LIMITATIONS.
18-110. EXPENDITURE LIMITATIONS.
18-112. EXAMINATIONS AND AUDITS; REPAYMENTS.
18-114. PENALTIES.
18-116. CIVIL PENALTIES.
S 18-100. 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 NOMI-
NATION AT A PRIMARY ELECTION OR CANDIDATE FOR ELECTION AT A GENERAL OR
SPECIAL ELECTION, TO THE OFFICE OF JUDGE OR JUSTICE OF THE SUPREME
COURT, FAMILY COURT, SURROGATE COURT, COUNTY COURT, CIVIL COURT OR
DISTRICT COURT.
3. THE TERM "MATCHABLE CONTRIBUTIONS" SHALL MEAN THAT PORTION OF THE
AGGREGATE CONTRIBUTIONS MADE AFTER THE EFFECTIVE DATE OF THIS TITLE BY
NATURAL PERSONS RESIDENT IN THE STATE OF NEW YORK TO A PARTICIPATING
ELIGIBLE CANDIDATE WHICH DO NOT EXCEED FIVE HUNDRED DOLLARS, WHICH HAVE
BEEN REPORTED IN FULL BY THE CANDIDATE'S AUTHORIZED COMMITTEE TO THE
STATE BOARD, INCLUDING THE CONTRIBUTOR'S FULL NAME AND RESIDENTIAL
ADDRESS AND, WITH RESPECT TO CONTRIBUTIONS OF MORE THAN FIFTY DOLLARS,
THE NAME AND ADDRESS OF THE CONTRIBUTOR'S EMPLOYER. "MATCHABLE CONTRIB-
UTIONS" SHALL BE THE NET AMOUNT OF ANY MONETARY CONTRIBUTION REALIZED BY
A CANDIDATE OR DESIGNATED COMMITTEE AFTER DEDUCTING THE REASONABLE VALUE
OF ANY GOODS OR SERVICES PROVIDED THE CONTRIBUTOR IN CONNECTION WITH THE
CONTRIBUTION, EXCEPT THAT CONTRIBUTIONS FROM ANY PERSON WHO HAS RECEIVED
A PAYMENT OR ANYTHING OF VALUE FROM SUCH COMMITTEE OR FROM A PERSON WHO
IS AN OFFICER, DIRECTOR OR EMPLOYEE OF, OR A PERSON WHO HAS A TEN
PERCENT OR GREATER OWNERSHIP INTEREST IN ANY ENTITY WHICH HAS RECEIVED
SUCH A PAYMENT OR THING OF VALUE SHALL NOT BE MATCHABLE. A LOAN SHALL
NOT BE TREATED AS A MATCHABLE CONTRIBUTION. FOR PURPOSES OF THIS SUBDI-
VISION, A "CONTRIBUTOR" SHALL BE DEEMED TO INCLUDE THE SPOUSE AND
UNEMANCIPATED CHILDREN OF ANY INDIVIDUAL CONTRIBUTOR.
4. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE
FOR WHICH PUBLIC FUNDS MAY BE USED.
5. THE TERM "FUND" SHALL MEAN THE NEW YORK STATE JUDICIAL ELECTION
CAMPAIGN FUND.
6. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF TOTAL
MATCHABLE CONTRIBUTIONS THAT THE AUTHORIZED COMMITTEE OF AN OTHERWISE
ELIGIBLE CANDIDATE FOR ELECTION TO OFFICE MUST RECEIVE IN ORDER TO QUAL-
IFY FOR OPTIONAL PUBLIC FINANCING PURSUANT TO THIS TITLE.
S 18-102. 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 AN ELIGIBLE CANDIDATE AND MEET THE THRESHOLD FOR ELIGIBILITY
SET FORTH IN SUBDIVISION TWO OF THIS SECTION;
(C) ELECT TO PARTICIPATE IN THE PUBLIC FUNDING PROVISIONS OF THIS
TITLE NOT LATER THAN SEVEN DAYS AFTER THE LAST DAY TO FILE DESIGNATING
PETITIONS FOR THE OFFICE SUCH CANDIDATE IS SEEKING OR, IN THE CASE OF A
SPECIAL ELECTION, NOT LATER THAN THE LAST DAY TO FILE NOMINATING
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PETITIONS FOR SUCH OFFICE, OR FOR A CANDIDATE FOR SUPREME COURT, NOT
LATER THAN THE LAST DAY TO FILE THE MINUTES OF THE CONVENTION AT WHICH
SUCH CANDIDATE WAS NOMINATED;
(D) AGREE TO OBTAIN AND FURNISH TO THE STATE BOARD ANY EVIDENCE IT MAY
REASONABLY REQUEST RELATING TO HIS OR HER CAMPAIGN EXPENDITURES OR
CONTRIBUTIONS AND FURNISH SUCH OTHER PROOF OF COMPLIANCE WITH THIS TITLE
AS MAY BE REQUESTED BY THE STATE BOARD;
(E) HAVE A SINGLE AUTHORIZED POLITICAL COMMITTEE WHICH HE OR SHE
CERTIFIES AS THE AUTHORIZED COMMITTEE FOR THE PURPOSES OF THIS TITLE;
(F) AGREE TO IDENTIFY ACCURATELY IN ALL CAMPAIGN MATERIALS THE PERSON
OR ENTITY THAT PAID FOR SUCH CAMPAIGN MATERIAL; AND
(G) ACKNOWLEDGE HAVING READ AND UNDERSTOOD, AND AGREE TO ABIDE BY, ALL
OF THE RULES FOR THE CONDUCT OF CAMPAIGNS FOR JUDICIAL OFFICE AS
PRESCRIBED IN THE CODE OF JUDICIAL CONDUCT.
2. THE THRESHOLD FOR ELIGIBILITY FOR PUBLIC FUNDING FOR JUDICIAL
CANDIDATES IN A PRIMARY, GENERAL OR SPECIAL ELECTION SHALL BE NOT LESS
THAN FIVE THOUSAND DOLLARS IN MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST
TWENTY-FIVE SUCH CONTRIBUTIONS IN THE AMOUNT OF TEN DOLLARS OR MORE.
3. IN ORDER TO BE ELIGIBLE TO RECEIVE PUBLIC FUNDS IN AN 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 CANDI-
DATE 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 OPPOSED IN A PRIMARY ELECTION AND WHO DO NOT
SEEK PUBLIC FUNDS SHALL NOT BE ELIGIBLE FOR PUBLIC FUNDS FOR THE GENERAL
ELECTION IN THAT YEAR.
5. CANDIDATES WHO ARE UNOPPOSED IN A GENERAL OR SPECIAL ELECTION SHALL
NOT BE ELIGIBLE TO RECEIVE PUBLIC FUNDS.
6. NO CANDIDATE WHO HAS QUALIFIED FOR PUBLIC FUNDS SHALL RECEIVE SUCH
PUBLIC FUNDS UNLESS AT LEAST ONE OTHER CANDIDATE FOR SUCH OFFICE IN SUCH
ELECTION ALSO QUALIFIED TO RECEIVE PUBLIC FUNDS OR AT LEAST ONE OTHER
CANDIDATE FOR SUCH OFFICE IN SUCH ELECTION AND SUCH CANDIDATE'S AUTHOR-
IZED COMMITTEE HAVE SPENT, OR CONTRACTED OR OBLIGATED TO SPEND, OR HAVE
RECEIVED IN LOANS OR CONTRIBUTIONS AN AMOUNT EXCEEDING TEN PERCENT OF
THE EXPENDITURE LIMIT FOR SUCH OFFICE IN SUCH ELECTION WHICH IS FIXED BY
THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT SUCH PUBLIC FUNDS.
IF A CANDIDATE AND THE AUTHORIZED COMMITTEE OF SUCH CANDIDATE REACHES
THE THRESHOLD TO QUALIFY TO RECEIVE PUBLIC FUNDS, OR SPENDS OR CONTRACTS
OR OBLIGATES TO SPEND, OR RECEIVES IN LOANS OR CONTRIBUTIONS, AN AMOUNT
EXCEEDING TEN PERCENT OF THE EXPENDITURE LIMIT 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 THROUGH THE ELECTRONIC CAMPAIGN FINANCE REPORTING
SYSTEM OR, FOR A CANDIDATE WHO DOES NOT FILE USING SUCH BOARD'S ELEC-
TRONIC CAMPAIGN FINANCE REPORTING SYSTEM, BY EXPRESS MAIL.
S 18-104. QUALIFIED CAMPAIGN EXPENDITURES. 1. PUBLIC FUNDS PROVIDED
UNDER THE PROVISIONS OF THIS TITLE MAY ONLY BE USED FOR EXPENDITURES BY
ANY ONE COMMITTEE AUTHORIZED BY THE CANDIDATE TO MAKE EXPENDITURES ON
SUCH CANDIDATE'S BEHALF, TO FURTHER THE CANDIDATE'S NOMINATION OR
ELECTION DURING THE CALENDAR YEAR IN WHICH THE PRIMARY OR GENERAL
ELECTION IN WHICH THE CANDIDATE SEEKING NOMINATION OR ELECTION IS HELD,
FOR SERVICES, MATERIALS, FACILITIES OR OTHER THINGS OF VALUE USED DURING
THAT YEAR OR IN THE CASE OF A SPECIAL ELECTION FOR EXPENDITURES DURING
THE PERIOD COMMENCING THREE MONTHS BEFORE AND ENDING ONE MONTH AFTER
SUCH SPECIAL ELECTION. THE TOTAL OF ALL EXPENDITURES MADE BY THE CANDI-
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DATE AND SUCH CANDIDATE'S AUTHORIZED COMMITTEE INCLUDING ALL PAYMENTS
RECEIVED FROM THE FUND SHALL NOT EXCEED THE EXPENDITURE LIMITATIONS
ESTABLISHED IN SECTION 18-110 OF THIS TITLE, EXCEPT INSOFAR AS SUCH
PAYMENTS ARE MADE TO REPAY LOANS USED TO PAY CAMPAIGN EXPENDITURES.
2. SUCH PUBLIC FUNDS MAY NOT BE USED FOR:
(A) AN EXPENDITURE IN VIOLATION OF ANY LAW OF THE UNITED STATES OR OF
THIS STATE;
(B) PAYMENTS OR ANYTHING OF VALUE GIVEN OR MADE TO THE CANDIDATE, A
RELATIVE OF THE CANDIDATE, OR TO A BUSINESS ENTITY IN WHICH ANY SUCH
PERSON HAS A TEN PERCENT OR GREATER OWNERSHIP INTEREST OR OF WHICH ANY
SUCH PERSON IS AN OFFICER, DIRECTOR OR EMPLOYEE;
(C) PAYMENT IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES, MATERIALS,
FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
(D) ANY EXPENDITURE MADE AFTER THE CANDIDATE, OR THE ONLY REMAINING
OPPONENT OF THE CANDIDATE, HAS BEEN DISQUALIFIED OR HAD SUCH CANDIDATE'S
PETITIONS DECLARED INVALID BY A BOARD OF ELECTIONS OR A COURT OF COMPE-
TENT JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER
AUTHORITY. THIS PARAGRAPH SHALL NOT APPLY TO A CANDIDATE ENTITLED TO
EXPEND PUBLIC FUNDS PURSUANT TO THE PROVISIONS OF SUBDIVISION THREE OF
SECTION 18-106 OF THIS TITLE;
(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 18-106. OPTIONAL PUBLIC FINANCING. 1. ELIGIBLE CANDIDATES FOR NOMI-
NATION OR ELECTION IN GENERAL AND SPECIAL ELECTIONS MAY OBTAIN PAYMENT
TO AUTHORIZED COMMITTEES FROM PUBLIC FUNDS FOR QUALIFIED CAMPAIGN
EXPENDITURES. NO SUCH PUBLIC FUNDS SHALL BE PAID TO AN AUTHORIZED
COMMITTEE UNTIL THE CANDIDATE HAS QUALIFIED AS AN ELIGIBLE CANDIDATE AND
FILED A SWORN STATEMENT WITH THE STATE BOARD ELECTING TO RECEIVE PUBLIC
FUNDS AND AGREEING TO ABIDE BY THE REQUIREMENTS OF THIS TITLE. 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 AN ELIGIBLE CANDIDATE'S AUTHORIZED COMMITTEE. NO PUBLIC
FUNDS SHALL BE USED EXCEPT AS REIMBURSEMENT OR PAYMENT FOR QUALIFIED
CAMPAIGN EXPENDITURES ACTUALLY AND LAWFULLY INCURRED OR TO REPAY LOANS
USED TO PAY QUALIFIED CAMPAIGN EXPENDITURES.
2. (A) THE AUTHORIZED COMMITTEE OF EACH ELIGIBLE CANDIDATE SHALL BE
ENTITLED TO PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES NOT TO EXCEED
TWO DOLLARS FOR EACH ONE DOLLAR OF MATCHABLE CONTRIBUTIONS OBTAINED AND
REPORTED TO THE STATE BOARD IN ACCORDANCE WITH THE PROVISIONS OF THIS
TITLE.
(B) HOWEVER, IF ANY CANDIDATE ELECTS NOT TO ACCEPT SUCH PUBLIC FUNDS
AND EITHER, SUCH CANDIDATE SPENDS, OR CONTRACTS OR OBLIGATES TO SPEND,
OR CONTRIBUTES TO SUCH CANDIDATE'S COMMITTEE AN AMOUNT EXCEEDING TWEN-
TY-FIVE THOUSAND DOLLARS OF SUCH CANDIDATE'S PERSONAL FUNDS, OR IF SUCH
CANDIDATE AND SUCH CANDIDATE'S AUTHORIZED COMMITTEE SPEND OR CONTRACT OR
OBLIGATE TO SPEND, OR RECEIVE IN LOANS OR CONTRIBUTIONS, AN AMOUNT
EXCEEDING ONE-THIRD THE EXPENDITURE LIMIT FOR SUCH OFFICE FIXED BY THIS
TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT SUCH PUBLIC FUNDS, THEN
THE AUTHORIZED COMMITTEE OF EACH ELIGIBLE CANDIDATE FOR SUCH OFFICE
SHALL BE ENTITLED TO PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES NOT TO
EXCEED FOUR DOLLARS FOR EACH SUCH DOLLAR OF MATCHABLE CONTRIBUTIONS. IF
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A CANDIDATE WHO ELECTS NOT TO ACCEPT SUCH PUBLIC FUNDS, SPENDS, OR
CONTRACTS OR OBLIGATES TO SPEND, OR CONTRIBUTES TO SUCH CANDIDATE'S
AUTHORIZED COMMITTEE AN AMOUNT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS OF
SUCH CANDIDATE'S PERSONAL FUNDS, OR IF SUCH A CANDIDATE AND THE COMMIT-
TEE OF SUCH A CANDIDATE, SPENDS OR CONTRACTS OR OBLIGATES TO SPEND, OR
RECEIVES IN LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING ONE-THIRD THE
EXPENDITURE LIMIT FOR SUCH OFFICE, SUCH CANDIDATE OR COMMITTEE MUST
NOTIFY THE STATE BOARD OF THE FACT WITHIN TWENTY-FOUR HOURS VIA THE
ELECTRONIC REPORTING SYSTEM, OR IF SUCH CANDIDATE DOES NOT FILE USING
SUCH REPORTING SYSTEM, BY EXPRESS MAIL.
3. NO CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS UNOPPOSED IN A
PRIMARY ELECTION SHALL BE ENTITLED TO PAYMENT FROM THE FUND FOR QUALI-
FIED CAMPAIGN EXPENDITURES, UNLESS THERE IS A CONTEST IN SUCH PRIMARY
FOR THE NOMINATION OF AT LEAST ONE OTHER PARTY FOR SUCH OFFICE. WHERE
THERE IS SUCH A CONTEST, THE AUTHORIZED COMMITTEE OF AN UNOPPOSED CANDI-
DATE FOR NOMINATION MAY RECEIVE ONE-HALF THE PAYMENT PROVIDED IN SUBDI-
VISION TWO OF THIS SECTION, PROVIDED THAT SUCH CANDIDATE OTHERWISE QUAL-
IFIES PURSUANT TO THE PROVISIONS OF THIS TITLE. SUCH PAYMENT CAN ONLY BE
EXPENDED FOR PROPERTY, SERVICES OR FACILITIES USED ON OR BEFORE THE DATE
OF SUCH PRIMARY.
4. THE TOTAL PAYMENTS FROM THE FUND RECEIVED BY THE AUTHORIZED COMMIT-
TEE OF ANY CANDIDATE, WHEN ADDED TO THE TOTAL OF CONTRIBUTIONS RECEIVED
BY SUCH CANDIDATE AND SUCH CANDIDATE'S AUTHORIZED COMMITTEE, SHALL NOT
EXCEED THE AMOUNT WHICH MAY BE EXPENDED BY SUCH CANDIDATE PURSUANT TO
THE PROVISIONS OF THIS TITLE.
5. THE STATE BOARD SHALL PROMPTLY EXAMINE ALL REPORTS OF CONTRIBUTIONS
TO DETERMINE THAT, ON THEIR FACE, THEY MEET THE REQUIREMENTS FOR MATCHA-
BLE CONTRIBUTIONS, AND SHALL KEEP A RECORD OF SUCH CONTRIBUTIONS.
6. THE STATE BOARD SHALL PROMULGATE REGULATIONS FOR THE CERTIFICATION,
FOR APPROVAL OF PAYMENT BY THE NEW YORK STATE JUDICIAL ELECTION CAMPAIGN
FUND PURSUANT TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW, OF THE
SUM OF PUBLIC FUNDS THAT SUCH CANDIDATE HAS QUALIFIED TO RECEIVE FROM
THE ELECTION CAMPAIGN FUND. THESE REGULATIONS SHALL INCLUDE THE PROMUL-
GATION 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 ENDEAVOR TO INSTI-
TUTE PROCEDURES WHICH WILL MAKE POSSIBLE PAYMENT BY THE ELECTION
CAMPAIGN FUND WITHIN FOUR BUSINESS DAYS AFTER RECEIPT OF THE REQUIRED
FORMS AND VERIFICATIONS.
S 18-108. CONTRIBUTION AND RECEIPT LIMITATIONS. 1. (A) NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW, IN ANY ELECTION FOR JUDICIAL OFFICE, NO
CONTRIBUTOR MAY MAKE A CONTRIBUTION TO ANY CANDIDATE OR AUTHORIZED
COMMITTEE, AND NO CANDIDATE OR AUTHORIZED COMMITTEE MAY ACCEPT ANY
CONTRIBUTION FROM ANY CONTRIBUTOR, WHICH, IN THE AGGREGATE AMOUNT, IS
GREATER THAN FIVE HUNDRED DOLLARS EXCEPT THAT A CANDIDATE WHO HAS
ELECTED TO PARTICIPATE IN SUCH OPTIONAL PUBLIC FINANCING OR SUCH CANDI-
DATE'S AUTHORIZED COMMITTEE MAY ACCEPT FROM SUCH PARTY OR CONSTITUTED
COMMITTEES AN AMOUNT WHICH IN THE AGGREGATE DOES NOT EXCEED FIVE THOU-
SAND DOLLARS. A CANDIDATE WHO HAS ELECTED NOT TO PARTICIPATE IN SUCH
OPTIONAL PUBLIC FINANCING MAY ACCEPT FROM SUCH PARTY OR CONSTITUTED
COMMITTEES AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT EXCEED TWO THOU-
SAND FIVE HUNDRED DOLLARS.
(B) HOWEVER, IF ANY CANDIDATE IN ANY ELECTION FOR WHICH PUBLIC FUNDS
ARE AVAILABLE PURSUANT TO THE PROVISIONS OF THIS TITLE, ELECTS NOT TO
ACCEPT SUCH PUBLIC FUNDS AND EITHER, SUCH CANDIDATE SPENDS, OR CONTRACTS
OR OBLIGATES TO SPEND, OR CONTRIBUTES TO SUCH CANDIDATE'S COMMITTEE AN
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AMOUNT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS OF SUCH CANDIDATE'S
PERSONAL FUNDS, OR IF SUCH CANDIDATE AND SUCH CANDIDATE'S COMMITTEE
SPEND OR CONTRACT OR OBLIGATE TO SPEND, OR RECEIVE IN LOANS OR CONTRIB-
UTIONS, AN AMOUNT EXCEEDING ONE-THIRD THE EXPENDITURE FIXED BY THIS
TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT SUCH PUBLIC FUNDS,
CONTRIBUTORS TO THOSE CANDIDATES FOR SUCH OFFICE WHO HAVE ELECTED TO
RECEIVE PUBLIC FUNDS SHALL BE ALLOWED TO CONTRIBUTE AND SUCH CANDIDATES
OR AUTHORIZED COMMITTEES SHALL BE ALLOWED TO ACCEPT CONTRIBUTIONS FROM
ANY CONTRIBUTOR, WHICH, IN THE AGGREGATE, ARE TWICE THE AMOUNT WHICH
WOULD OTHERWISE BE ALLOWED BY PARAGRAPH (A) OF THIS SUBDIVISION. IF A
CANDIDATE WHO ELECTS NOT TO ACCEPT SUCH PUBLIC FUNDS, SPENDS, OR
CONTRACTS OR OBLIGATES TO SPEND, OR CONTRIBUTES TO SUCH CANDIDATE'S
COMMITTEE AN AMOUNT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS OF SUCH
CANDIDATE'S PERSONAL FUNDS, OR IF SUCH CANDIDATE AND THE COMMITTEE OF
SUCH CANDIDATE SPENDS OR CONTRACTS OR OBLIGATES TO SPEND, OR RECEIVES IN
LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING ONE-THIRD THE EXPENDITURE
LIMIT FOR SUCH OFFICE, SUCH CANDIDATE OR COMMITTEE MUST NOTIFY THE STATE
BOARD OF THE FACT WITHIN TWENTY-FOUR HOURS VIA THE ELECTRONIC REPORTING
SYSTEM, OR IF SUCH CANDIDATE DOES NOT FILE USING SUCH REPORTING SYSTEM,
BY EXPRESS MAIL.
(C) AT THE BEGINNING OF THE CALENDAR YEAR TWO THOUSAND THIRTEEN AND
EACH FOURTH CALENDAR YEAR THEREAFTER, THE STATE BOARD SHALL DETERMINE
THE PERCENTAGE DIFFERENCE BETWEEN THE MOST RECENT AVAILABLE MONTHLY
CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS PUBLISHED BY THE UNITED
STATES BUREAU OF LABOR STATISTICS AND SUCH CONSUMER PRICE INDEX
PUBLISHED FOR THE SAME MONTH FOUR YEARS PREVIOUSLY. THE AMOUNT OF EACH
CONTRIBUTION LIMIT FIXED IN THIS SUBDIVISION SHALL BE ADJUSTED BY THE
AMOUNT OF SUCH PERCENTAGE DIFFERENCE TO THE CLOSEST ONE HUNDRED DOLLARS
BY THE STATE BOARD WHICH, NOT LATER THAN THE FIRST DAY OF FEBRUARY IN
EACH SUCH YEAR, SHALL ISSUE A REGULATION SETTING FORTH THE AMOUNT OF
EACH SUCH CONTRIBUTION LIMIT. EACH CONTRIBUTION LIMIT AS SO ADJUSTED
SHALL BE THE CONTRIBUTION LIMIT IN EFFECT FOR ANY ELECTION HELD BEFORE
THE NEXT SUCH ADJUSTMENT.
2. (A) CONTRIBUTIONS RECEIVED BEFORE THE EFFECTIVE DATE OF THIS TITLE
MAY BE EXPENDED ONLY TO THE EXTENT THAT THEY DO NOT EXCEED THE CONTRIB-
UTION LIMITS IMPOSED BY THIS SECTION. INTEREST EARNED ON ANY SUCH
CONTRIBUTIONS MAY BE EXPENDED ONLY TO THE EXTENT THAT SUCH INTEREST WAS
EARNED ON CONTRIBUTIONS WHICH MAY BE EXPENDED PURSUANT TO THE PROVISIONS
OF THIS SUBDIVISION.
(B) HOWEVER, IF ANY CANDIDATE IN ANY ELECTION FOR WHICH PUBLIC FUNDS
ARE AVAILABLE PURSUANT TO THE PROVISIONS OF THIS TITLE, ELECTS NOT TO
ACCEPT SUCH PUBLIC FUNDS AND SUCH CANDIDATE SPENDS, OR CONTRACTS OR
OBLIGATES TO SPEND, OR CONTRIBUTES TO SUCH CANDIDATE'S COMMITTEE AN
AMOUNT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS OF SUCH CANDIDATE'S
PERSONAL FUNDS, OR SUCH CANDIDATE AND SUCH CANDIDATE'S COMMITTEE SPEND
OR CONTRACT OR OBLIGATE TO SPEND, OR RECEIVE IN LOANS OR CONTRIBUTIONS,
AN AMOUNT EXCEEDING ONE-THIRD THE EXPENDITURE LIMIT FOR SUCH OFFICE
FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT SUCH
PUBLIC FUNDS, CANDIDATES FOR SUCH OFFICE WHO HAVE ELECTED TO RECEIVE
PUBLIC FUNDS AND THE AUTHORIZED COMMITTEES OF SUCH CANDIDATES SHALL BE
ALLOWED TO EXPEND ALL CONTRIBUTIONS RECEIVED BEFORE THE EFFECTIVE DATE
OF THIS TITLE.
3. (A) A CANDIDATE OR THE AUTHORIZED COMMITTEE OF SUCH A CANDIDATE WHO
HAS NOT ELECTED TO PARTICIPATE IN SUCH PUBLIC FUNDING PROVISIONS OF THIS
TITLE, SHALL NOT ACCEPT ANY CONTRIBUTIONS ANY EARLIER THAN ONE YEAR
BEFORE THE FIRST DAY TO CIRCULATE DESIGNATING PETITIONS FOR THE OFFICE
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WHICH SUCH CANDIDATE IS SEEKING, OR ANY LATER THAN THE END OF THE CALEN-
DAR YEAR IN WHICH THE ELECTION OCCURS, EXCEPT THAT A CANDIDATE OR
AUTHORIZED COMMITTEE WHICH HAS A DEFICIT AT THE END OF SUCH CALENDAR
YEAR MAY, AFTER SUCH CALENDAR YEAR, ACCEPT CONTRIBUTIONS WHICH DO NOT
EXCEED THE AMOUNT OF SUCH DEFICIT AND THE EXPENSES INCURRED IN RAISING
SUCH CONTRIBUTIONS. CONTRIBUTIONS TO SUCH A CANDIDATE OR AUTHORIZED
COMMITTEE WHICH WERE RECEIVED BEFORE THE EFFECTIVE DATE OF THIS TITLE
MAY NOT BE EXPENDED IN ANY ELECTION FOR ANY SUCH OFFICE.
(B) A CANDIDATE FOR SUCH AN OFFICE TO BE FILLED AT A SPECIAL ELECTION,
OR THE AUTHORIZED COMMITTEE OF SUCH A CANDIDATE WHO HAS NOT ELECTED TO
PARTICIPATE IN THE PUBLIC FUNDING PROVISIONS OF THIS TITLE, SHALL NOT
ACCEPT ANY CONTRIBUTIONS ANY EARLIER THAN THE DATE SUCH OFFICE BECOMES
VACANT OR FOUR MONTHS BEFORE SUCH SPECIAL ELECTION, WHICHEVER IS EARLI-
ER, OR ANY LATER THAN TWO MONTHS AFTER SUCH ELECTION EXCEPT THAT A
CANDIDATE OR AUTHORIZED COMMITTEE WHICH HAS A DEFICIT TWO MONTHS AFTER
SUCH ELECTION MAY, AFTER SUCH DATE, ACCEPT CONTRIBUTIONS WHICH DO NOT
EXCEED THE AMOUNT OF SUCH DEFICIT AND THE EXPENSES INCURRED IN RAISING
SUCH CONTRIBUTIONS.
S 18-110. EXPENDITURE LIMITATIONS. 1. THE FOLLOWING LIMITATIONS APPLY
TO ALL EXPENDITURES BY ELIGIBLE CANDIDATES AND THEIR COMMITTEES RECEIV-
ING PUBLIC FUNDS PURSUANT TO THE PROVISIONS OF THIS TITLE.
2. (A) IN ANY PRIMARY ELECTION, EXPENDITURES BY ELIGIBLE CANDIDATES
FOR JUDICIAL OFFICE AND BY THEIR COMMITTEES SHALL NOT EXCEED THE SUM OF
ONE DOLLAR AND SEVENTY-FIVE CENTS FOR EACH VOTER ENROLLED IN THE CANDI-
DATE'S PARTY IN THE DISTRICT FOR WHICH SUCH CANDIDATE IS A CANDIDATE, AS
DETERMINED BY THE RECORDS OF THE APPROPRIATE BOARD OR BOARDS OF ELECTION
AS OF THE LAST GENERAL ELECTION PRECEDING THE PRIMARY ELECTION; PROVIDED
HOWEVER, SUCH EXPENDITURES SHALL NOT EXCEED SEVENTY-FIVE THOUSAND
DOLLARS IN A PRIMARY ELECTION.
(B) IN ANY GENERAL OR SPECIAL ELECTION, EXPENDITURES BY ELIGIBLE
CANDIDATES AND BY THEIR COMMITTEES SHALL NOT EXCEED THE SUM OF ONE
DOLLAR AND SEVENTY-FIVE CENTS FOR EACH VOTER REGISTERED IN THE DISTRICT
FOR WHICH THE CANDIDATE IS A CANDIDATE, AS DETERMINED BY THE RECORDS OF
THE APPROPRIATE BOARD OR BOARDS OF ELECTIONS AS OF THE LAST GENERAL
ELECTION; PROVIDED HOWEVER, SUCH EXPENDITURES SHALL NOT EXCEED SEVENTY-
FIVE THOUSAND DOLLARS IN A GENERAL OR SPECIAL ELECTION.
(C) HOWEVER, IF ANY CANDIDATE IN ANY ELECTION FOR WHICH PUBLIC FUNDS
ARE AVAILABLE PURSUANT TO THE PROVISIONS OF THIS TITLE, ELECTS NOT TO
ACCEPT SUCH PUBLIC FUNDS AND EITHER, SUCH CANDIDATE SPENDS, OR CONTRACTS
OR OBLIGATES TO SPEND, OR CONTRIBUTES TO SUCH CANDIDATE'S COMMITTEE AN
AMOUNT EXCEEDING TWENTY-FIVE THOUSAND DOLLARS OF SUCH CANDIDATE'S
PERSONAL FUNDS, OR IF SUCH CANDIDATE AND SUCH CANDIDATE'S AUTHORIZED
COMMITTEE SPEND OR CONTRACT OR OBLIGATE TO SPEND, OR RECEIVE IN LOANS OR
CONTRIBUTIONS, AN AMOUNT EXCEEDING ONE-THIRD OF THE EXPENDITURE LIMIT
FOR SUCH OFFICE FIXED BY PARAGRAPH (A) OR (B) OF THIS SUBDIVISION,
WHICHEVER IS APPLICABLE, FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT SUCH
PUBLIC FUNDS, THERE SHALL BE NO EXPENDITURE LIMIT FOR THOSE CANDIDATES
FOR SUCH OFFICE WHO HAVE ELECTED TO RECEIVE PUBLIC FUNDS. IF A CANDIDATE
WHO ELECTS NOT TO ACCEPT SUCH PUBLIC FUNDS, SPENDS OR CONTRACTS OR OBLI-
GATES TO SPEND, OR CONTRIBUTES TO SUCH CANDIDATE'S COMMITTEE AN AMOUNT
EXCEEDING TWENTY-FIVE THOUSAND DOLLARS OF SUCH CANDIDATE'S PERSONAL
FUNDS, OR IF SUCH A CANDIDATE AND THE AUTHORIZED COMMITTEE OF SUCH A
CANDIDATE SPENDS OR CONTRACTS OR OBLIGATES TO SPEND, OR RECEIVES IN
LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING ONE-THIRD OF THE EXPENDITURE
LIMIT FOR SUCH OFFICE, SUCH CANDIDATE OR COMMITTEE MUST NOTIFY THE STATE
BOARD OF THAT FACT WITHIN TWENTY-FOUR HOURS VIA THE ELECTRONIC REPORTING
A. 6728 8
SYSTEM, OR IF SUCH CANDIDATE DOES NOT FILE USING SUCH REPORTING SYSTEM,
BY EXPRESS MAIL.
(D) CANDIDATES FOR OFFICE WHO ARE UNOPPOSED IN THE PRIMARY ELECTION
MAY EXPEND BEFORE THE PRIMARY ELECTION, FOR SERVICES, MATERIALS OR
FACILITIES USED ON OR BEFORE THE DATE OF SUCH PRIMARY ELECTION, AN
AMOUNT EQUAL TO HALF THE SUM SUCH CANDIDATES WOULD BE ENTITLED TO SPEND
IF THEIR NOMINATION WAS CONTESTED IN SUCH PRIMARY ELECTION PROVIDED THAT
THERE IS A CONTEST IN SUCH PRIMARY FOR THE NOMINATION OF AT LEAST ONE
OTHER PARTY FOR SUCH OFFICE.
(E) EXPENDITURES FOR LEGAL FEES AND EXPENSES TO DEFEND THE VALIDITY OF
PETITIONS OF DESIGNATION OR NOMINATION OR CERTIFICATES OF NOMINATION,
ACCEPTANCE, AUTHORIZATION, DECLINATION OR SUBSTITUTION, OR TO CHALLENGE
SUCCESSFULLY, ANY SUCH PETITION OR CERTIFICATE ON GROUNDS OF FRAUD AND
FOR EXPENSES INCURRED TO COMPLY WITH THE CAMPAIGN FINANCE REPORTING
REQUIREMENTS OF THIS ARTICLE AND ARTICLE FOURTEEN OF THIS CHAPTER SHALL
NOT BE SUBJECT TO THE EXPENDITURE LIMITS OF THIS SUBDIVISION.
(F) AT THE BEGINNING OF THE CALENDAR YEAR TWO THOUSAND THIRTEEN AND
EACH FOURTH CALENDAR YEAR THEREAFTER, THE STATE BOARD SHALL DETERMINE
THE PERCENTAGE DIFFERENCE BETWEEN THE MOST RECENT AVAILABLE MONTHLY
CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS PUBLISHED BY THE UNITED
STATES BUREAU OF LABOR STATISTICS AND SUCH CONSUMER PRICE INDEX
PUBLISHED FOUR YEARS PREVIOUSLY. THE AMOUNT OF EACH EXPENDITURE LIMIT
FIXED IN THIS SUBDIVISION SHALL BE ADJUSTED BY THE AMOUNT OF SUCH
PERCENTAGE DIFFERENCE TO THE CLOSEST ONE THOUSAND DOLLARS BY THE STATE
BOARD WHICH, NOT LATER THAN THE FIRST DAY OF FEBRUARY IN EACH SUCH YEAR,
SHALL ISSUE A REGULATION SETTING FORTH THE AMOUNT OF EACH SUCH CONTRIB-
UTION LIMIT. EACH CONTRIBUTION LIMIT AS SO ADJUSTED SHALL BE THE
CONTRIBUTION LIMIT IN EFFECT FOR ANY ELECTION HELD BEFORE THE NEXT SUCH
ADJUSTMENT.
3. IN COMPUTING THE AGGREGATE AMOUNT EXPENDED FOR PURPOSES OF THIS
SECTION, EXPENDITURES MADE BY A COMMITTEE IN SUPPORT OF MORE THAN ONE
CANDIDATE SHALL BE ALLOCATED AMONG SUCH CANDIDATES SUPPORTED BY THE
COMMITTEE IN ACCORDANCE WITH FORMULAS PROMULGATED BY THE STATE BOARD OR,
IN THE ABSENCE OF SUCH OFFICIAL FORMULAS, IN ACCORDANCE WITH ANY FORMULA
BASED UPON REASONABLE STANDARDS. THE STATEMENTS FILED BY SUCH COMMITTEE
IN ACCORDANCE WITH THIS CHAPTER SHALL SET FORTH, IN ADDITION TO THE
OTHER INFORMATION REQUIRED, THE TOTAL AMOUNT EXPENDED BY THE COMMITTEE
ON BEHALF OF ALL SUCH CANDIDATES AND THE AMOUNT ALLOCATED TO EACH CANDI-
DATE BY DOLLAR AMOUNT AND PERCENTAGE. EXPENDITURES BY A STATE OR OTHER
COMMITTEE OF A POLITICAL PARTY FOR ACTIVITIES WHICH DO NOT SUPPORT OR
OPPOSE THE ELECTION OF ANY CANDIDATE OR CANDIDATES BY NAME OR BY CLEAR
INFERENCE SHALL NOT BE REGARDED AS EXPENDITURES ON BEHALF OF OR IN OPPO-
SITION TO A CANDIDATE.
S 18-112. EXAMINATIONS AND AUDITS; REPAYMENTS. 1. THE STATE BOARD
SHALL CONDUCT A THOROUGH EXAMINATION AND AUDIT OF THE CONTRIBUTIONS AND
QUALIFIED CAMPAIGN EXPENSES OF THE AUTHORIZED COMMITTEE OF EVERY ELIGI-
BLE CANDIDATE WHO RECEIVED PAYMENTS PURSUANT TO SECTION 18-106 OF THIS
TITLE.
2. (A) IF THE STATE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT
MADE TO SUCH AUTHORIZED COMMITTEE FROM THE NEW YORK STATE JUDICIAL
ELECTION CAMPAIGN FUND WAS IN EXCESS OF THE AGGREGATE AMOUNT OF PAYMENTS
TO WHICH SUCH ELIGIBLE CANDIDATE WAS ENTITLED PURSUANT TO SECTION 18-106
OF THIS TITLE, IT SHALL NOTIFY SUCH COMMITTEE AND SUCH COMMITTEE SHALL
PAY TO THE STATE BOARD AN AMOUNT EQUAL TO THE AMOUNT OF EXCESS PAYMENTS.
(B) IF THE STATE BOARD DETERMINES THAT ANY AMOUNT OF PAYMENT MADE TO
AN AUTHORIZED COMMITTEE OF AN ELIGIBLE CANDIDATE FROM THE NEW YORK STATE
A. 6728 9
JUDICIAL ELECTION CAMPAIGN FUND WAS USED FOR PURPOSES OTHER THAN TO
DEFRAY QUALIFIED CAMPAIGN EXPENSES, IT SHALL NOTIFY THE SAID AUTHORIZED
COMMITTEE OF THE AMOUNT DISQUALIFIED AND THE SAID AUTHORIZED COMMITTEE
SHALL PAY TO THE STATE BOARD AN AMOUNT EQUAL TO SUCH DISQUALIFIED
AMOUNT.
(C) IF THE TOTAL OF CONTRIBUTIONS AND PAYMENTS FROM THE NEW YORK STATE
JUDICIAL ELECTION CAMPAIGN FUND RECEIVED BY ANY CANDIDATE AND SUCH
CANDIDATE'S AUTHORIZED COMMITTEE, EXCEEDS THE CAMPAIGN EXPENDITURES OF
SUCH CANDIDATE AND COMMITTEE, SUCH CANDIDATE AND COMMITTEE SHALL USE
SUCH EXCESS FUNDS TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH
COMMITTEE FROM THE FUND NOT LATER THAN TEN DAYS AFTER ALL LIABILITIES
HAVE BEEN PAID AND IN ANY EVENT, NOT LATER THAN MARCH THIRTY-FIRST OF
THE YEAR FOLLOWING THE YEAR OF THE ELECTION FOR WHICH SUCH PAYMENTS WERE
INTENDED. NO SUCH EXCESS FUNDS SHALL BE USED FOR ANY OTHER PURPOSE,
UNLESS THE TOTAL AMOUNT DUE THE NEW YORK STATE JUDICIAL ELECTION
CAMPAIGN FUND FROM SUCH CANDIDATE AND COMMITTEE HAS BEEN REPAID.
3. IF A COURT OF COMPETENT JURISDICTION DISQUALIFIES A CANDIDATE WHOSE
AUTHORIZED COMMITTEE HAS RECEIVED PUBLIC FUNDS ON THE GROUNDS THAT SUCH
CANDIDATE COMMITTED FRAUDULENT ACTS IN ORDER TO OBTAIN A PLACE ON THE
BALLOT AND SUCH DECISION IS NOT REVERSED BY A HIGHER COURT, SUCH CANDI-
DATE AND SUCH CANDIDATE'S AUTHORIZED COMMITTEE SHALL PAY TO THE STATE
BOARD AN AMOUNT EQUAL TO THE TOTAL OF PUBLIC FUNDS RECEIVED BY SUCH
AUTHORIZED COMMITTEE.
4. ALL PAYMENTS RECEIVED BY THE STATE BOARD PURSUANT TO THIS SECTION
SHALL BE DEPOSITED IN THE NEW YORK STATE JUDICIAL ELECTION CAMPAIGN FUND
ESTABLISHED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
S 18-114. PENALTIES. 1. ANY PERSON WHO KNOWINGLY AND WILLFULLY FAILS
TO FILE A STATEMENT REQUIRED TO BE FILED BY THIS TITLE OR THE RULES OR
REGULATIONS OF THE STATE BOARD IN IMPLEMENTATION THEREOF WITHIN FIVE
DAYS AFTER THE DATE PROVIDED FOR FILING SUCH STATEMENT, OR ANY PERSON
WHO KNOWINGLY AND WILLFULLY VIOLATES ANY OTHER PROVISION OF THIS TITLE
SHALL BE GUILTY OF A CLASS A MISDEMEANOR, UNLESS A GREATER PENALTY IS
SPECIFICALLY PRESCRIBED IN ANOTHER APPLICABLE STATUTE.
2. ANY PERSON WHO KNOWINGLY AND WILLFULLY CONTRIBUTES OR EXPENDS OR
AIDS OR PARTICIPATES IN THE CONTRIBUTION OR EXPENDITURE OF FUNDS IN AN
AMOUNT EXCEEDING AN APPLICABLE MAXIMUM SPECIFIED IN THIS TITLE, OR WHO
KNOWINGLY AND WILLFULLY ACCEPTS OR AIDS OR PARTICIPATES IN THE ACCEPT-
ANCE OF A CONTRIBUTION IN AN AMOUNT EXCEEDING AN APPLICABLE MAXIMUM
SPECIFIED IN THIS TITLE SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
3. ANY PERSON WHO KNOWINGLY AND WILLFULLY NEGLECTS OR REFUSES TO
FURNISH ANY INFORMATION REQUIRED OR AUTHORIZED BY THIS TITLE, OR TO
EXHIBIT RECORDS, PAPERS OR DOCUMENTS AUTHORIZED BY THIS TITLE TO BE
INSPECTED OR WHICH ARE REQUIRED TO BE EXHIBITED, SHALL BE GUILTY OF A
CLASS A MISDEMEANOR.
4. ANY PERSON WHO KNOWINGLY AND WILLFULLY EXPENDS OR AIDS OR PARTIC-
IPATES IN THE EXPENDITURE OF FUNDS FOR A PURPOSE OR IN A MANNER WHICH
VIOLATES THE PROVISIONS OF THIS TITLE SHALL BE GUILTY OF A CLASS A
MISDEMEANOR.
5. ANY PERSON WHO KNOWINGLY AND WILLFULLY FAILS TO RETURN OR AIDS OR
PARTICIPATES IN THE FAILURE TO RETURN TO THE STATE BOARD ANY FUNDS
REQUIRED TO BE RETURNED TO SUCH BOARD PURSUANT TO THE PROVISIONS OF THIS
TITLE SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
6. ANY PERSON WHO FURNISHES ANY FALSE, FICTITIOUS OR FRAUDULENT
EVIDENCE, BOOKS OR INFORMATION TO THE STATE BOARD OF ELECTIONS UNDER
THIS TITLE OR INCLUDES IN ANY EVIDENCE, BOOKS, OR INFORMATION SO
FURNISHED ANY MISREPRESENTATION OF A MATERIAL FACT, OR FALSIFIES OR
A. 6728 10
CONCEALS ANY EVIDENCE, BOOKS, OR INFORMATION RELEVANT TO ANY AUDIT BY
THE STATE BOARD OF ELECTIONS OR KNOWINGLY AND WILLFULLY VIOLATES ANY
OTHER PROVISION OF THIS TITLE SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
7. THE ATTORNEY GENERAL SHALL BE PRIMARILY RESPONSIBLE FOR INSTITUTING
AND CONDUCTING PROSECUTIONS UNDER THIS SECTION. IN SUCH CASES THE ATTOR-
NEY GENERAL OR THE ATTORNEY GENERAL'S DEPUTY SHALL EXERCISE ALL THE
POWERS AND PERFORM ALL THE DUTIES WHICH THE DISTRICT ATTORNEY WOULD
OTHERWISE BE AUTHORIZED OR REQUIRED TO EXERCISE OR PERFORM; WHENEVER ANY
SUCH PROSECUTION IS INSTITUTED BY THE ATTORNEY GENERAL, THE DISTRICT
ATTORNEY SHALL ONLY EXERCISE SUCH POWERS AND PERFORM SUCH DUTIES AS ARE
REQUIRED OF THE DISTRICT ATTORNEY BY THE ATTORNEY GENERAL OR THE DEPUTY
ATTORNEY GENERAL. UNTIL AND UNLESS THE ATTORNEY GENERAL EXERCISES
AUTHORITY UNDER THIS SECTION AN OTHERWISE AUTHORIZED DISTRICT ATTORNEY
MAY INSTITUTE AND CONDUCT A PROSECUTION UNDER THIS SECTION.
8. WHENEVER THE ATTORNEY GENERAL IS AUTHORIZED UNDER THIS CHAPTER TO
PROSECUTE A CRIMINAL PROCEEDING ON BEHALF OF THE STATE BOARD, THE ATTOR-
NEY GENERAL SHALL HAVE THE DISCRETION TO DELEGATE THE AUTHORITY TO
INITIATE OR CONDUCT ANY SUCH PROSECUTION TO THE STATE BOARD OF
ELECTIONS.
S 18-116. CIVIL PENALTIES. 1. ANY PERSON WHO FAILS TO FILE A STATEMENT
OR RECORD REQUIRED TO BE FILED BY THIS TITLE OR THE RULES OR REGULATIONS
OF THE STATE BOARD IN IMPLEMENTATION THEREOF SHALL BE SUBJECT TO A CIVIL
PENALTY, NOT IN EXCESS OF ONE THOUSAND DOLLARS, TO BE RECOVERABLE IN A
CIVIL PROCEEDING BROUGHT BY THE STATE BOARD.
2. IF THE AGGREGATE AMOUNT OF EXPENDITURES BY A CANDIDATE AND SUCH
CANDIDATE'S AUTHORIZED COMMITTEE EXCEEDS THE EXPENDITURE LIMITATIONS
CONTAINED IN THIS TITLE SUCH CANDIDATE SHALL BE LIABLE FOR A CIVIL
PENALTY IN AN AMOUNT EQUAL TO THREE TIMES THE SUM BY WHICH SUCH EXPENDI-
TURES EXCEED THE PERMITTED AMOUNT.
TITLE II
LOCAL OPTION PUBLIC FINANCING FOR JUDICIAL CANDIDATES
SECTION 18-200. PUBLIC CAMPAIGN FINANCING IN COUNTIES, CITIES OR TOWNS
BY LOCAL OPTION.
S 18-200. PUBLIC CAMPAIGN FINANCING IN COUNTIES, CITIES OR TOWNS BY
LOCAL OPTION. 1. UPON PASSAGE OF A LOCAL LAW BY ANY COUNTY, CITY, TOWN
OR VILLAGE, SUCH MUNICIPALITY MAY ESTABLISH A LOCAL CAMPAIGN FINANCING
LAW FOR ELECTIONS FOR JUDICIAL OFFICES IN SUCH COUNTY, CITY, TOWN OR
VILLAGE.
2. SUCH LOCAL PUBLIC CAMPAIGN FINANCE LAW SHALL INCLUDE, BUT NOT BE
LIMITED TO: WHICH OFFICES SHALL BE INCLUDED IN PUBLIC FINANCING; THE
AMOUNT OF PUBLIC FINANCING FOR EACH OFFICE; CONTRIBUTION AND EXPENDITURE
LIMITS; AND THE METHOD OF FUNDING PUBLIC FINANCING.
3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO DIMINISH ANY EXISTING
AUTHORITY OF A COUNTY, CITY, TOWN OR VILLAGE.
S 4. Subdivision 3 of section 14-114 of the election law, as amended
by chapter 517 of the laws of 1986, is amended to read as follows:
3. As used in this section the term "contributor" shall not include a
party committee supporting [the candidate] CANDIDATES of such party FOR
NON-JUDICIAL OFFICES or a constituted committee supporting [the candi-
date] CANDIDATES of such party FOR NON-JUDICIAL OFFICES.
S 5. The state finance law is amended by adding a new section 92-t to
read as follows:
S 92-T. NEW YORK STATE JUDICIAL ELECTION CAMPAIGN 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 JUDICIAL ELECTION CAMPAIGN FUND.
A. 6728 11
2. SUCH FUND SHALL CONSIST OF 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 ONE OF ARTICLE EIGHTEEN 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 JUDICIAL ELECTION CAMPAIGN 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 DEFI-
CIENCY SHALL BE PAID, UPON AUDIT AND WARRANT OF THE COMPTROLLER, FROM
FUNDS DEPOSITED IN THE GENERAL FUND OF THE STATE NOT MORE THAN FOUR
WORKING DAYS AFTER SUCH VOUCHER IS RECEIVED BY THE COMPTROLLER.
5. COMMENCING IN TWO THOUSAND THIRTEEN, 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 MONEYS SHALL BE PAID TO CANDIDATES IN A PRIMARY ELECTION ANY
EARLIER THAN TWO WEEKS AFTER THE LAST DAY TO FILE DESIGNATING PETITIONS
FOR SUCH PRIMARY ELECTION.
7. NO MONEYS SHALL BE PAID TO CANDIDATES IN A GENERAL ELECTION ANY
EARLIER THAN THE DAY AFTER THE DAY OF THE PRIMARY ELECTION HELD TO NOMI-
NATE CANDIDATES FOR SUCH ELECTION.
8. NO MONEYS SHALL BE PAID TO 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 MONEYS SHALL BE PAID TO ANY CANDIDATE WHO HAS BEEN DISQUALIFIED
OR WHOSE DESIGNATING PETITIONS HAVE BEEN DECLARED INVALID BY THE APPRO-
PRIATE 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 CANDIDATE OR SUCH CANDIDATE'S
AUTHORIZED COMMITTEE ON THE DATE OF SUCH DISQUALIFICATION OR INVALI-
DATION 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 6. This act shall take effect immediately, except that the
provisions of title I of article 18 of the election law, as added by
section three of this act shall first apply in elections held in 2010.