A. 8367 2
TITLE II
COMPTROLLER CAMPAIGN FINANCE REFORM ACT
SECTION 14-200. SHORT TITLE.
14-201. DECLARATION OF LEGISLATIVE FINDINGS AND INTENT.
14-202. APPLICABILITY AND DEFINITIONS.
14-203. REPORTING REQUIREMENTS.
14-204. CONTRIBUTION AND RECEIPT LIMITATIONS.
14-205. PROOF OF COMPLIANCE.
14-206. ELIGIBILITY.
14-207. VOLUNTARY SPENDING LIMITS FOR PARTICIPATING CANDIDATES.
14-208. PAYMENT OF PUBLIC MATCHING FUNDS.
14-209. USE OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN EXPEND-
ITURES.
14-210. CAMPAIGN FINANCE FUND BOARD; GENERAL POWERS AND DUTIES.
14-211. AUDITS AND REPAYMENTS.
14-212. CIVIL ENFORCEMENT.
14-213. CRIMINAL PENALTIES.
14-214. REPORTS.
14-215. DEBATES.
14-216. DISTRIBUTIONS FROM CAMPAIGN FINANCE FUND.
S 14-200. SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS
THE "COMPTROLLER CAMPAIGN FINANCE REFORM ACT".
S 14-201. DECLARATION OF LEGISLATIVE FINDINGS AND INTENT. THE LEGISLA-
TURE IS COMMITTED TO REFORMING NEW YORK'S CAMPAIGN FINANCE SYSTEM AND TO
BOLSTERING PUBLIC CONFIDENCE IN THE DEMOCRATIC PROCESS. AT TIMES, THE
CURRENT SYSTEM OF CAMPAIGN FINANCING HAS LED TO AN APPEARANCE AND
PERCEPTION OF UNFAIR INFLUENCE IN THE POLITICAL PROCESS. THIS PERCEPTION
HAS GIVEN RISE TO MISTRUST IN GOVERNMENT AND CITIZEN APATHY THEREBY
UNDERMINING THE PARTICIPATION OF ALL NEW YORKERS IN THE DEMOCRATIC POLI-
TICAL PROCESS.
THE LEGISLATURE ALSO FINDS THAT THE HIGH COST OF FINANCING A CAMPAIGN
FOR STATEWIDE OFFICE IN NEW YORK DISCOURAGES QUALIFIED CANDIDATES FROM
SUBMITTING THEIR NAMES FOR ELECTION AND INEVITABLY FORCES CANDIDATES IN
OFFICE TO SPEND TOO MUCH TIME RAISING MONEY RATHER THAN ATTENDING TO
OFFICIAL DUTIES AND CONCENTRATING ON THE ISSUES THAT CONCERN NEW YORK'S
CITIZENS. IN RECOGNITION OF THESE ISSUES, THIS ACT PROVIDES FOR THE
PUBLIC FINANCING OF THE CAMPAIGN FOR THE OFFICE OF THE STATE COMPTROLLER
AS THE FIRST STEP TOWARDS THE REVISION OF THE STATE'S CAMPAIGN FINANCE
LAWS TO REDUCE ANY REAL OR PERCEIVED UNJUST INFLUENCE ON GOVERNMENT.
THE INCLUSION OF VOLUNTARY EXPENDITURE CAPS COMBINED WITH PUBLIC
FINANCING AND A MINIMAL THRESHOLD FOR PARTICIPATION IN THE CAMPAIGN
FINANCE PROGRAM AS CREATED BY THIS TITLE FURTHERS THE STATE'S INTEREST
IN ENCOURAGING QUALIFIED CANDIDATES TO RUN FOR OFFICE REGARDLESS OF
THEIR ACCESS TO WEALTH, THUS INCREASING PUBLIC DEBATE AND PARTICIPATION
IN THE DEMOCRATIC PROCESS.
FINALLY, THE LEGISLATURE FINDS THAT AN INDEPENDENT ENTITY TO OVERSEE
THIS PROGRAM IS NECESSARY TO CARRY OUT THIS ACT'S MANDATES. THIS ACT
CREATES A CAMPAIGN FINANCE FUND BOARD TO MONITOR AND ENFORCE THE PROGRAM
AND ITS PROVISIONS TO ENSURE THAT THE INTENT OF THIS ACT IS FULLY IMPLE-
MENTED.
S 14-202. APPLICABILITY AND DEFINITIONS. THIS TITLE SHALL APPLY EXCLU-
SIVELY TO CAMPAIGN FINANCING OF CANDIDATES FOR THE NOMINATION FOR
ELECTION, AND FOR ELECTION TO, THE OFFICE OF STATE COMPTROLLER. FOR
PURPOSES OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
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1. "AUTHORIZED COMMITTEE" MEANS THE SINGLE COMMITTEE DESIGNATED BY A
CANDIDATE PURSUANT TO SECTION 14-203 OF THIS TITLE TO RECEIVE CONTRIB-
UTIONS AND MAKE EXPENDITURES IN SUPPORT OF SUCH CANDIDATE'S CAMPAIGN.
2. "BOARD" OR "CAMPAIGN FINANCE FUND BOARD" MEANS THE BOARD CREATED BY
SECTION 14-210 OF THIS TITLE TO ADMINISTER THE CAMPAIGN FINANCE FUND.
3. "CANDIDATE" MEANS ANY CANDIDATE FOR NOMINATION FOR ELECTION, OR FOR
ELECTION TO, THE OFFICE OF STATE COMPTROLLER WHETHER SUCH CANDIDATE IS A
"PARTICIPATING CANDIDATE" OR "NONPARTICIPATING CANDIDATE" AS DEFINED IN
THIS SECTION.
4. "CONTRIBUTION" MEANS:
(A) ANY GIFT, SUBSCRIPTION, OUTSTANDING LOAN (TO THE EXTENT PROVIDED
FOR IN SECTION 14-114 OF THIS ARTICLE), ADVANCE, OR DEPOSIT OF MONEY OR
ANYTHING OF VALUE, MADE IN CONNECTION WITH THE NOMINATION FOR ELECTION,
OR ELECTION, OF ANY CANDIDATE, OR MADE TO PROMOTE THE SUCCESS OR DEFEAT
OF A POLITICAL PARTY OR PRINCIPLE, OR OF ANY BALLOT PROPOSAL;
(B) ANY FUNDS RECEIVED BY A POLITICAL COMMITTEE FROM ANOTHER POLITICAL
COMMITTEE TO THE EXTENT SUCH FUNDS DO NOT CONSTITUTE A TRANSFER; AND
(C) ANY PAYMENT, BY ANY PERSON OTHER THAN A CANDIDATE OR AN AUTHORIZED
COMMITTEE, MADE IN CONNECTION WITH THE NOMINATION FOR ELECTION OR
ELECTION OF ANY CANDIDATE, OR ANY PAYMENT MADE TO PROMOTE THE SUCCESS OR
DEFEAT OF A POLITICAL PARTY OR PRINCIPLE, OR OF ANY BALLOT PROPOSAL
INCLUDING BUT NOT LIMITED TO COMPENSATION FOR THE PERSONAL SERVICES OF
ANY INDIVIDUAL WHICH ARE RENDERED IN CONNECTION WITH A CANDIDATE'S
ELECTION OR NOMINATION WITHOUT CHARGE; PROVIDED HOWEVER, THAT NONE OF
THE FOREGOING SHALL BE DEEMED A CONTRIBUTION IF IT IS MADE, TAKEN OR
PERFORMED BY A CANDIDATE OR HIS OR HER SPOUSE OR BY A PERSON OR A POLI-
TICAL COMMITTEE INDEPENDENT OF THE CANDIDATE OR HIS OR HER AGENTS OR
COMMITTEE. FOR PURPOSES OF THIS TITLE, THE TERM "INDEPENDENT OF THE
CANDIDATE OR HIS OR HER AGENTS OR AUTHORIZED COMMITTEE" SHALL MEAN THAT
THE CANDIDATE OR HIS OR HER AGENTS OR AUTHORIZED COMMITTEE DID NOT
AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN ANY SUCH ACTIVITY;
AND PROVIDED FURTHER, THAT THE TERM CONTRIBUTION SHALL NOT INCLUDE:
(I) THE VALUE OF SERVICES PROVIDED WITHOUT COMPENSATION BY INDIVIDUALS
WHO VOLUNTEER A PORTION OR ALL OF THEIR TIME ON BEHALF OF A CANDIDATE OR
POLITICAL COMMITTEE;
(II) THE USE OF REAL OR PERSONAL PROPERTY AND THE COST OF INVITATIONS,
FOOD AND BEVERAGES VOLUNTARILY PROVIDED BY AN INDIVIDUAL TO A CANDIDATE
OR POLITICAL COMMITTEE ON THE INDIVIDUAL'S RESIDENTIAL PREMISES FOR
CANDIDATE-RELATED ACTIVITIES TO THE EXTENT SUCH SERVICES DO NOT EXCEED
FIVE HUNDRED DOLLARS IN VALUE;
(III) THE TRAVEL EXPENSES OF ANY INDIVIDUAL WHO ON HIS OR HER OWN
BEHALF VOLUNTEERS HIS OR HER PERSONAL SERVICES TO ANY CANDIDATE OR POLI-
TICAL COMMITTEE TO THE EXTENT SUCH EXPENSES ARE UNREIMBURSED AND DO NOT
EXCEED FIVE HUNDRED DOLLARS IN VALUE; AND
(IV) EXPENDITURES BY A BONA FIDE MEMBERSHIP ORGANIZATION IN SUPPORT OF
THE FOLLOWING ACTIVITIES BY MEMBERS OF THE ORGANIZATION WHO ARE VOLUN-
TEERING THEIR TIME ON BEHALF OF A CANDIDATE, NOT TO EXCEED TWENTY-FIVE
DOLLARS PER MEMBER WHO VOLUNTEER FOR: (1) TRANSPORTATION OF VOLUNTEERS
TO AND FROM CAMPAIGN ACTIVITIES; (2) COST OF FEEDING VOLUNTEERS WHILE
VOLUNTEERING FOR THE CAMPAIGN; AND (3) MATERIALS SUCH AS BADGES AND
CLOTHING THAT IDENTIFIES THE NAME OF THE ORGANIZATION OR CANDIDATE.
5. "CONTRIBUTOR" MEANS AN ENTITY, INCLUDING, BUT NOT LIMITED TO,
NATURAL PERSONS, ASSOCIATIONS, BONA FIDE MEMBERSHIP ORGANIZATIONS, PART-
NERSHIPS AND CORPORATIONS, THAT MAKES A CONTRIBUTION, AS DEFINED IN
SUBDIVISION FOUR OF THIS SECTION.
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6. "COVERED ELECTION" MEANS ANY PRIMARY ELECTION FOR NOMINATION, OR
GENERAL ELECTION FOR ELECTION, TO THE OFFICE OF STATE COMPTROLLER.
7. "ELECTION CYCLE" MEANS THE FOUR-YEAR PERIOD STARTING AFTER THE DAY
AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR STATEWIDE OFFICE.
8. "ELECTIONEERING COMMUNICATION" MEANS ANY COMMUNICATION BROADCAST BY
TELEVISION OR RADIO, TELECAST BY CABLE OR SATELLITE, PRINTED IN A NEWS-
PAPER, MAGAZINE, APPEARING ON AN INTERNET WEBSITE, OTHER PERIODICAL
PUBLICATION, OR ON A BILLBOARD, DIRECTLY MAILED OR DELIVERED BY HAND TO
PERSONAL RESIDENCES, OR OTHERWISE DISTRIBUTED THAT:
(A) UNAMBIGUOUSLY REFERS TO ANY CANDIDATE; AND
(B) IS BROADCAST, TELECAST, PRINTED, MAILED, DELIVERED, OR DISTRIBUTED
WITHIN NINETY DAYS BEFORE A PRIMARY ELECTION OR SIXTY DAYS BEFORE A
GENERAL ELECTION TO AN AUDIENCE THAT INCLUDES AT LEAST FIVE THOUSAND
VOTERS.
THE TERM "ELECTIONEERING COMMUNICATION" DOES NOT INCLUDE: ANY NEWS
STORY, COMMENTARY, OR EDITORIAL BY A BROADCASTING STATION, CABLE
STATION, SATELLITE STATION, NEWSPAPER, MAGAZINE, APPEARING ON AN INTER-
NET WEBSITE, OR OTHER PERIODICAL PUBLICATION UNLESS THE FACILITY IS
OWNED OR CONTROLLED BY A CANDIDATE, PARTY COMMITTEE, OR POLITICAL
COMMITTEE; OR A COMMUNICATION PRINTED OR PUBLISHED ON THE INTERNET,
UNLESS THE COMMUNICATION IS A PAID ADVERTISEMENT.
9. "EXPENDITURE" MEANS ANY GIFT, SUBSCRIPTION, ADVANCE, PAYMENT, OR
DEPOSIT OF MONEY OR ANYTHING OF VALUE, OR A CONTRACT TO MAKE ANY GIFT,
SUBSCRIPTION, PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF VALUE, MADE IN
CONNECTION WITH THE NOMINATION FOR ELECTION, OR ELECTION, OF ANY CANDI-
DATE. EXPENDITURES MADE BY CONTRACT ARE DEEMED MADE WHEN SUCH FUNDS ARE
OBLIGATED.
10. "FUND" MEANS THE CAMPAIGN FINANCE FUND CREATED BY SECTION NINETY-
NINE-U OF THE STATE FINANCE LAW.
11. "HIGH SPENDING NONPARTICIPATING CANDIDATE" MEANS SUCH NONPARTIC-
IPATING CANDIDATE WHO INCURS EXPENDITURES IN AMOUNTS SUCH THAT AN
INCREASE IN MATCHING CONTRIBUTIONS AND ADJUSTMENTS TO SPENDING LIMITS AS
PROVIDED FOR IN SUBDIVISION FIVE OF SECTION 14-208 OF THIS TITLE APPLY.
12. "IMMEDIATE FAMILY" MEANS A SPOUSE, DOMESTIC PARTNER, CHILD,
SIBLING OR PARENT.
13. "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: (A) EXPRESSLY
ADVOCATES THE ELECTION OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE OR
THE SUCCESS OR DEFEAT OF A BALLOT PROPOSAL; AND (B) SUCH CANDIDATE, THE
CANDIDATE'S AUTHORIZED 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.
INDEPENDENT EXPENDITURE DOES NOT INCLUDE:
(I) A COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY, OR
EDITORIAL OR DISTRIBUTED THROUGH 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 ELECTION; OR
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(IV) THE COSTS OF INTERNAL COMMUNICATION BY MEMBERS TO OTHER MEMBERS
OF A BONA FIDE MEMBERSHIP ORGANIZATION, FOR THE PURPOSE OF SUPPORTING OR
OPPOSING A CANDIDATE OR CANDIDATES FOR THE OFFICE OF STATE COMPTROLLER,
PROVIDED SUCH PAYMENTS ARE NOT USED FOR THE COSTS OF CAMPAIGN MATERIAL
OR COMMUNICATIONS USED IN CONNECTION WITH BROADCASTING, TELECASTING,
NEWSPAPER, MAGAZINE, APPEARING ON AN INTERNET WEBSITE, OR OTHER PERIOD-
ICAL PUBLICATION, BILLBOARD, OR SIMILAR TYPES OF GENERAL PUBLIC COMMUNI-
CATIONS.
14. "ITEM WITH SIGNIFICANT VALUE" MEANS ANY ITEM, INCLUDING ANY ITEM
VALUED AT TWENTY-FIVE DOLLARS OR MORE.
15. "LEGISLATIVE LEADER" MEANS ANY OF THE FOLLOWING: THE TEMPORARY
PRESIDENT OF THE SENATE; THE SPEAKER OF THE ASSEMBLY; THE MINORITY LEAD-
ER OF THE SENATE; OR THE MINORITY LEADER OF THE ASSEMBLY.
16. "MATCHABLE CONTRIBUTION" MEANS A CONTRIBUTION, CONTRIBUTIONS OR
SUCH PORTION OF A CONTRIBUTION OR CONTRIBUTIONS MADE BY A NATURAL PERSON
RESIDING IN THE STATE OF NEW YORK AT THE TIME OF SUCH CONTRIBUTION WITH
A VALUE NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS, MADE TO A PARTICIPATING
CANDIDATE BY A CONTRIBUTOR FOR ANY PRIMARY AND A CONTRIBUTION, CONTRIB-
UTIONS OR SUCH PORTION OF A CONTRIBUTION OR CONTRIBUTIONS MADE BY A
NATURAL PERSON RESIDING IN THE STATE OF NEW YORK AT THE TIME OF SUCH
CONTRIBUTION WITH A VALUE NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS MADE
TO A PARTICIPATING CANDIDATE FOR A GENERAL ELECTION HELD IN THE SAME
ELECTION CYCLE THAT HAS BEEN REPORTED IN FULL TO THE STATE BOARD OF
ELECTIONS IN ACCORDANCE WITH SECTIONS 14-102 AND 14-104 OF THIS ARTICLE
BY THE CANDIDATE'S AUTHORIZED COMMITTEE AND HAS BEEN CONTRIBUTED ON OR
BEFORE THE DATE OF THE APPLICABLE PRIMARY OR GENERAL ELECTION. ANY
CONTRIBUTION, CONTRIBUTIONS, OR SUCH PORTION OF A CONTRIBUTION DETER-
MINED TO BE INVALID FOR MATCHING FUNDS BY THE BOARD PURSUANT TO THE
PROVISIONS OF THIS TITLE MAY NOT BE TREATED AS A MATCHABLE CONTRIBUTION.
IN ADDITION, THE FOLLOWING CONTRIBUTIONS ARE NOT MATCHABLE: (A) LOANS;
(B) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES; (C) CONTRIB-
UTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM WITH SIGNIF-
ICANT VALUE; (D) ANONYMOUS CONTRIBUTIONS OR CONTRIBUTIONS WHOSE SOURCE
IS NOT ITEMIZED AS REQUIRED BY SECTION 14-203 OF THIS TITLE; (E)
CONTRIBUTIONS GATHERED DURING A PREVIOUS ELECTION CYCLE; (F) ILLEGAL
CONTRIBUTIONS; AND (G) CONTRIBUTIONS FROM INDIVIDUALS UNDER THE AGE OF
EIGHTEEN YEARS.
17. "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR THE OFFICE
OF STATE COMPTROLLER FOR A COVERED ELECTION WHO FAILS TO FILE A WRITTEN
CERTIFICATION IN THE FORM OF AN AFFIDAVIT PURSUANT TO SECTION 14-206 OF
THIS TITLE.
18. "OPPOSING FUNDS" SHALL MEAN FUNDS SPENT OPPOSING A CAMPAIGN OF A
PARTICIPATING CANDIDATE OR SUPPORTING A NONPARTICIPATING OPPONENT OF A
PARTICIPATING CANDIDATE DURING A COVERED ELECTION. OPPOSING FUNDS SHALL
BE CALCULATED BY FIRST DETERMINING THE NONPARTICIPATING OPPONENT OF THE
PARTICIPATING CANDIDATE WHO HAS THE HIGHEST TOTAL OF: (A) EITHER TOTAL
CONTRIBUTIONS RECEIVED OR TOTAL EXPENDITURES MADE; AND (B) INDEPENDENT
EXPENDITURES SUPPORTIVE OF SUCH NONPARTICIPATING CANDIDATE. THE AMOUNT
OF OPPOSING FUNDS SHALL THEN BE CALCULATED BY TOTALING: (I) THE HIGHER
OF THE TOTAL CONTRIBUTIONS RECEIVED, OR TOTAL EXPENDITURES MADE, BY THAT
OPPONENT; (II) THE AMOUNT SPENT ON INDEPENDENT EXPENDITURES IN SUPPORT
OF THAT NONPARTICIPATING OPPONENT; AND, (III) THE AMOUNT SPENT ON INDE-
PENDENT EXPENDITURES IN OPPOSITION TO THE PARTICIPATING CANDIDATE. ANY
OPPOSING FUNDS SPENT OR OBLIGATED SHALL BE CONSIDERED TO HAVE BEEN SPENT
OR OBLIGATED FOR THE COVERED ELECTION THAT IS UPCOMING AND MOST PROXI-
MATE IN TIME. IN THE CASE OF A MULTIPLE CANDIDATE RACE WHERE THERE IS
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ONE NONPARTICIPATING CANDIDATE AND TWO OR MORE PARTICIPATING CANDIDATES,
OPPOSING FUNDS SHALL BE CALCULATED IN THE SAME WAY AS DESCRIBED IN THIS
SUBDIVISION SO THAT SPENDING IN SUPPORT OF EACH NONPARTICIPATING CANDI-
DATE SHALL BE CONSIDERED AS PART OF OPPOSING FUNDS FOR EACH INDIVIDUAL
PARTICIPATING CANDIDATE AND SHALL NOT BE PRORATED AMONG THE PARTICIPAT-
ING CANDIDATES.
19. "PARTICIPATING CANDIDATE" SHALL MEAN ANY CANDIDATE FOR NOMINATION
FOR ELECTION, OR ELECTION, TO THE OFFICE OF STATE COMPTROLLER WHO FILES
A WRITTEN CERTIFICATION IN THE FORM OF AN AFFIDAVIT PURSUANT TO SECTION
14-206 OF THIS TITLE.
20. "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE FOR
WHICH PUBLIC MATCHING FUNDS MAY BE USED.
21. "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF MATCHABLE
CONTRIBUTIONS THAT A CANDIDATE'S AUTHORIZED COMMITTEE MUST RECEIVE IN
TOTAL IN ORDER FOR SUCH CANDIDATE TO QUALIFY FOR VOLUNTARY PUBLIC
FINANCING UNDER THIS ARTICLE.
22. "TRANSFER" SHALL MEAN ANY EXCHANGE OF FUNDS BETWEEN A PARTY OR
CONSTITUTED COMMITTEE AND A CANDIDATE'S AUTHORIZED COMMITTEE.
S 14-203. REPORTING REQUIREMENTS. 1. EVERY CANDIDATE SHALL HAVE NO
MORE THAN ONE AUTHORIZED COMMITTEE. BEFORE RECEIVING ANY CONTRIBUTION OR
MAKING ANY EXPENDITURE FOR A COVERED ELECTION, EACH CANDIDATE SHALL
NOTIFY THE STATE BOARD OF ELECTIONS AND THE BOARD AS TO THE EXISTENCE OF
HIS OR HER AUTHORIZED COMMITTEE THAT HAS BEEN DESIGNATED AND APPROVED BY
SUCH CANDIDATE. EACH SUCH AUTHORIZED COMMITTEE SHALL, BEFORE OPENING A
COMMITTEE BANK ACCOUNT, RECEIVING ANY CONTRIBUTION OR MAKING ANY EXPEND-
ITURE FOR A COVERED ELECTION: (A) DESIGNATE A TREASURER; AND (B) OBTAIN
A TAX IDENTIFICATION NUMBER FROM THE INTERNAL REVENUE SERVICE.
2. DISCLOSURE. (A) IN ADDITION TO THE REQUIREMENTS IMPOSED UPON EACH
CANDIDATE AND POLITICAL COMMITTEE TO REPORT CONTRIBUTIONS AND LOANS
PURSUANT TO TITLE ONE OF THIS ARTICLE, EACH CANDIDATE AND POLITICAL
COMMITTEE SHALL ALSO SUBMIT REPORTS ON MARCH FIFTEENTH AND JULY
FIFTEENTH OF EACH ELECTION YEAR TO THE STATE BOARD OF ELECTIONS OF EVERY
CONTRIBUTION AND LOAN RECEIVED AND EVERY EXPENDITURE MADE.
(B) EVERY NONPARTICIPATING CANDIDATE MUST FILE ELECTRONICALLY AN AFFI-
DAVIT WITH THE BOARD WITHIN FORTY-EIGHT HOURS OF SPENDING OR BECOMING
OBLIGATED TO INCUR EXPENSES EQUAL TO FIFTY PERCENT OF THE APPLICABLE
SPENDING CAP AND AT SUCH TIMES, THEREAFTER, AS EXPENSES EQUAL
SEVENTY-FIVE PERCENT AND ONE HUNDRED PERCENT OF THE SPENDING CAPS FOR
PARTICIPATING CANDIDATES ESTABLISHED PURSUANT TO SECTION 14-207 OF THIS
TITLE. UPON RECEIPT OF EACH SUCH AFFIDAVIT, THE BOARD SHALL NOTIFY ALL
OPPOSING CANDIDATES THAT HIS OR HER OPPONENT HAS FILED SUCH AN AFFIDA-
VIT. THE BOARD SHALL PREPARE AND POST SUCH FORMS AS MAY BE NECESSARY ON
ITS WEBSITE.
(C) ANY PERSON, POLITICAL COMMITTEE, CORPORATION, ORGANIZATION OR
OTHER ENTITY THAT MAKES ONE OR MORE INDEPENDENT EXPENDITURES WITH
RESPECT TO A COVERED ELECTION THAT IS IN AN AGGREGATE AMOUNT GREATER
THAN FIVE THOUSAND DOLLARS DURING AN ELECTION YEAR SHALL FILE AN INDE-
PENDENT EXPENDITURE STATEMENT WITH THE BOARD OF ELECTIONS. IN ADDITION,
ANY PERSON, POLITICAL COMMITTEE, CORPORATION, ORGANIZATION OR OTHER
ENTITY THAT MAKES AN INDEPENDENT EXPENDITURE WITHIN SIXTY DAYS OF ANY
COVERED ELECTION, MUST FILE ELECTRONICALLY WITHIN FORTY-EIGHT HOURS OF
INCURRING SUCH EXPENDITURE A REPORT WITH SUCH BOARD OF ALL SUCH INDE-
PENDENT EXPENDITURES EXCEEDING FIVE THOUSAND DOLLARS. EACH REPORT SHALL
STATE WHETHER THE INDEPENDENT EXPENDITURE SUPPORTED OR OPPOSED A CANDI-
DATE AND WHICH CANDIDATE OR CANDIDATES WAS SUPPORTED OR OPPOSED. THE
BOARD OF ELECTIONS SHALL PREPARE AND POST SUCH FORMS ON ITS WEBSITE.
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(D) THE BOARD SHALL REVIEW EACH DISCLOSURE REPORT FILED WITH THE STATE
BOARD OF ELECTIONS AND SHALL INFORM CANDIDATES AND POLITICAL COMMITTEES
OF RELEVANT QUESTIONS THE BOARD HAS CONCERNING: (I) COMPLIANCE WITH
REQUIREMENTS OF THIS TITLE AND OF THE RULES ISSUED BY THE BOARD; AND
(II) QUALIFICATION FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO THIS
TITLE. IN THE COURSE OF SUCH REVIEW, THE BOARD SHALL GIVE CANDIDATES AND
POLITICAL COMMITTEES AN OPPORTUNITY TO RESPOND TO AND CORRECT POTENTIAL
VIOLATIONS AND GIVE CANDIDATES AN OPPORTUNITY TO ADDRESS QUESTIONS THE
BOARD HAS CONCERNING THEIR MATCHABLE CONTRIBUTION CLAIMS OR OTHER ISSUES
CONCERNING ELIGIBILITY FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO
THIS TITLE. NOTHING IN THIS PARAGRAPH SHALL PRECLUDE THE BOARD FROM
SUBSEQUENTLY REVIEWING SUCH A DISCLOSURE REPORT AND TAKING ANY ACTION
OTHERWISE AUTHORIZED BY THIS TITLE.
(E) ONLY ITEMIZED CONTRIBUTIONS CONTAINED IN REPORTS FILED WITH THE
STATE BOARD OF ELECTIONS SHALL BE ELIGIBLE FOR MATCHING FUNDS PURSUANT
TO THIS TITLE.
(F) PARTICIPATING CANDIDATES MAY FILE REPORTS OF CONTRIBUTIONS AS
FREQUENTLY AS ONCE A WEEK ON FRIDAYS.
S 14-204. CONTRIBUTION AND RECEIPT LIMITATIONS. 1. A PARTICIPATING
CANDIDATE AND HIS OR HER AUTHORIZED COMMITTEE SHALL NOT ACCEPT, EITHER
DIRECTLY OR INDIRECTLY:
(A) TOTAL CONTRIBUTIONS FROM ANY ONE CONTRIBUTOR THAT EXCEED TWO THOU-
SAND DOLLARS IN ANY PRIMARY IN AN ELECTION CYCLE FOR THE OFFICE OF STATE
COMPTROLLER BY ANY STATE PARTY COMMITTEE IN ACCORDANCE WITH SECTION
2-100 OF THIS CHAPTER AND TWO THOUSAND DOLLARS FOR A GENERAL ELECTION IN
AN ELECTION CYCLE; OR
(B) ANY CONTRIBUTION FROM A POLITICAL COMMITTEE THAT HAS NOT REGIS-
TERED WITH THE STATE BOARD OF ELECTIONS.
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 STATE COMPTROLLER IN A PRIMARY OR GENERAL
ELECTION OR SUCH CANDIDATE'S AUTHORIZED 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 MILLION DOLLARS;
PROVIDED, HOWEVER, THAT TWENTY-FIVE PERCENT OF SUCH AMOUNT MAY BE
ACCEPTED IN THE FORM OF A TRANSFER.
(B) FOR PURPOSES OF THIS SUBDIVISION, THE TERM "STATE PARTY COMMITTEE"
INCLUDES ANY OF ITS SUBCOMMITTEES.
3. NOTWITHSTANDING ANY EXPENDITURE LIMIT SET FORTH IN THIS TITLE, EACH
COUNTY COMMITTEE OF ANY PARTY WHICH NOMINATES A CANDIDATE FOR STATE
COMPTROLLER, INCLUDING WITHIN THE TERM "COUNTY COMMITTEE" ANY OF ITS
SUBCOMMITTEES, MAY EXPEND IN SUPPORT OF EACH SUCH CANDIDATE 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 RECORD 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 OF ELECTIONS 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
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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. ANY PERSON SEEKING ELECTION TO THE OFFICE OF STATE COMPTROLLER AS
WELL AS ANY OTHER POLITICAL OFFICE MAY NOT TRANSFER FUNDS BETWEEN OR
AMONG HIS OR HER AUTHORIZED POLITICAL COMMITTEE OR ANY OTHER POLITICAL
COMMITTEE.
6. NOTWITHSTANDING ANY OTHER CONTRIBUTION LIMIT SPECIFIED IN THIS
SECTION, PARTICIPATING CANDIDATES MAY GIVE, OUT OF THEIR OWN MONEY,
THREE TIMES THE APPLICABLE CONTRIBUTION LIMIT TO THEIR OWN CAMPAIGNS,
PROVIDED THAT NONE OF THE MONEY SO CONTRIBUTED SHALL QUALIFY FOR MATCH-
ING FUNDS, BUT SHALL QUALIFY TOWARDS SATISFYING THE SPENDING LIMITS
ESTABLISHED BY SECTION 14-207 OF THIS TITLE.
7. ALL MONETARY CONTRIBUTIONS AND ALL PUBLIC MATCHING FUNDS ACCEPTED
BY A CANDIDATE'S AUTHORIZED COMMITTEE SHALL BE DEPOSITED INTO AN ACCOUNT
WITH A BANK LICENSED BY THE NEW YORK STATE DEPARTMENT OF BANKING OR
SUCCESSOR ENTITY HELD IN THE NAME OF THE AUTHORIZED POLITICAL COMMITTEE
WITHIN TEN BUSINESS DAYS OF RECEIPT. EACH AUTHORIZED COMMITTEE SHALL
HAVE NO MORE THAN ONE CHECKING ACCOUNT.
8. CONTRIBUTIONS TO CANDIDATES IN COVERED ELECTIONS SHALL, FOR EACH
ELECTION CYCLE, IN ALL OTHER RESPECTS, BE SUBJECT TO THE LIMITATIONS AND
PROVISIONS OF TITLE ONE OF THIS ARTICLE.
S 14-205. PROOF OF COMPLIANCE. CANDIDATES AND POLITICAL COMMITTEES
SHALL MAINTAIN SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR A COVERED
ELECTION AS MAY BE REQUIRED BY THE BOARD. CANDIDATES AND POLITICAL
COMMITTEES SHALL OBTAIN AND FURNISH TO THE BOARD ANY INFORMATION IT MAY
REQUEST RELATING TO FINANCIAL TRANSACTIONS OR CONTRIBUTIONS AND FURNISH
SUCH DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS TITLE AS MAY
BE REQUESTED BY THE BOARD. CANDIDATES AND POLITICAL COMMITTEES SHALL
MAINTAIN COPIES OF SUCH RECORDS FOR A PERIOD OF FIVE YEARS FOLLOWING THE
GENERAL ELECTION.
S 14-206. ELIGIBILITY. 1. TO BE ELIGIBLE FOR PUBLIC FINANCING PURSUANT
TO THIS TITLE, A CANDIDATE MUST: (A) BE A CANDIDATE IN A COVERED
ELECTION; (B) SATISFY ALL THE REQUIREMENTS OF LAW TO HAVE HIS OR HER
NAME ON THE BALLOT; (C) IN THE CASE OF A COVERED GENERAL ELECTION, BE
OPPOSED BY ANOTHER CANDIDATE ON THE BALLOT WHO IS NOT A WRITE-IN CANDI-
DATE; (D) SUBMIT A CERTIFICATION IN THE FORM OF AN AFFIDAVIT, IN SUCH
FORM AS MAY BE PRESCRIBED BY THE BOARD, THAT SETS FORTH HIS OR HER
AGREEMENT TO COMPLY WITH THE TERMS AND CONDITIONS FOR THE PROVISION OF
SUCH FUNDS IN EACH COVERED ELECTION WHICH SHALL BE FILED WITH THE BOARD
BY JUNE FIRST DIRECTLY BEFORE THE ELECTION; (E) BE CERTIFIED AS A
PARTICIPATING CANDIDATE BY THE BOARD; (F) NOT MAKE, AND NOT HAVE MADE,
EXPENDITURES FROM, OR USE, HIS OR HER PERSONAL FUNDS OR PROPERTY OR
PERSONAL FUNDS OR PROPERTY JOINTLY HELD WITH HIS OR HER SPOUSE, DOMESTIC
PARTNER, OR CHILD IN CONNECTION WITH HIS OR HER NOMINATION FOR ELECTION
OR ELECTION TO A COVERED OFFICE EXCEPT AS A CONTRIBUTION TO HIS OR HER
AUTHORIZED COMMITTEE IN AN AMOUNT THAT EXCEEDS THREE TIMES THE APPLICA-
BLE CONTRIBUTION LIMIT FROM AN INDIVIDUAL CONTRIBUTOR TO CANDIDATES FOR
THE OFFICE THAT HE OR SHE IS SEEKING; (G) NOT MAKE, AND NOT HAVE MADE,
AND HIS OR HER AUTHORIZED COMMITTEE MUST NOT MAKE, AND NOT HAVE MADE,
EXPENDITURES THAT IN THE AGGREGATE EXCEED THE APPLICABLE SPENDING LIMIT
AS PROVIDED IN THIS TITLE; (H) MEET THE THRESHOLD FOR ELIGIBILITY SET
FORTH IN SUBDIVISION TWO OF THIS SECTION; AND (I) ABIDE BY THE REQUIRE-
MENTS SET FORTH IN THIS TITLE AND CHAPTER DURING THE POST-ELECTION PERI-
OD.
A. 8367 9
2. (A) THE THRESHOLD FOR ELIGIBILITY FOR PUBLIC FUNDING FOR PARTIC-
IPATING CANDIDATES SHALL BE THE RECEIPT OF CONTRIBUTIONS TOTALING ONE
HUNDRED FIFTY THOUSAND DOLLARS IN MATCHABLE CONTRIBUTIONS IN SINGLE
AMOUNTS OF NO LESS THAN TEN DOLLARS AND NO MORE THAN TWO HUNDRED FIFTY
DOLLARS, INCLUDING AT LEAST FIFTY MATCHABLE CONTRIBUTIONS FROM NATURAL
PERSONS REGISTERED TO VOTE IN EACH OF AT LEAST SEVENTY-FIVE PERCENT OF
THE TOTAL NUMBER OF CONGRESSIONAL DISTRICTS IN THE STATE AT THE TIME OF
SUCH COVERED ELECTION.
(B) ANY PARTICIPATING CANDIDATE MEETING THE THRESHOLD FOR ELIGIBILITY
IN A PRIMARY ELECTION SHALL BE DEEMED TO HAVE MET THE THRESHOLD FOR
ELIGIBILITY FOR SUCH OFFICE IN ANY OTHER ELECTION HELD IN THE SAME
ELECTION CYCLE.
S 14-207. VOLUNTARY EXPENDITURE LIMITS FOR PARTICIPATING CANDIDATES.
1. PARTICIPATING CANDIDATES MAY SPEND NO MORE THAN FIVE MILLION DOLLARS
FOR THE PRIMARY ELECTION. EXPENDITURES MADE BEFORE OR ON THE DATE OF A
PRIMARY ELECTION SHALL BE DEEMED TO HAVE BEEN MADE FOR SUCH PRIMARY
ELECTION.
2. PARTICIPATING CANDIDATES MAY SPEND NO MORE THAN SEVEN MILLION FIVE
HUNDRED THOUSAND DOLLARS IN A GENERAL ELECTION CAMPAIGN.
3. EXPENDITURES MADE FOR THE PURPOSE OF COMPLYING WITH THIS TITLE OR
CHAPTER, INCLUDING LEGAL FEES, ACCOUNTING FEES, THE COST OF RECORD
CREATION AND RETENTION, AND OTHER NECESSARY COMPLIANCE EXPENDITURES, AND
EXPENSES TO CHALLENGE OR DEFEND THE VALIDITY OF PETITIONS OF DESIGNATION
OR NOMINATION OR CERTIFICATES OF NOMINATION, ACCEPTANCE, AUTHORIZATION,
DECLINATION OR SUBSTITUTION, AND EXPENSES RELATED TO THE CANVASSING OF
ELECTION RESULTS, SHALL NOT BE LIMITED BY THE SPENDING LIMITS OF THIS
SECTION. THE BURDEN IS ON THE CANDIDATE TO SUBSTANTIATE EXEMPT EXPENDI-
TURES. THE BOARD SHALL PROMULGATE RULES TO IMPLEMENT THIS SECTION.
4. IF A PARTICIPATING CANDIDATE IS OPPOSED BY A HIGH SPENDING NONPAR-
TICIPATING OPPONENT, THEN SUBDIVISION FIVE OF SECTION 14-208 OF THIS
TITLE SHALL GOVERN SPENDING LIMITS.
S 14-208. PAYMENT OF PUBLIC MATCHING FUNDS. 1. NO PUBLIC MATCHING
FUNDS SHALL BE PAID TO AN AUTHORIZED COMMITTEE UNLESS THE BOARD DETER-
MINES THAT THE PARTICIPATING CANDIDATE HAS QUALIFIED PURSUANT TO THIS
TITLE. PAYMENT SHALL NOT EXCEED THE AMOUNTS SPECIFIED IN THIS SECTION
AND MAY BE MADE ONLY TO THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMIT-
TEE. NO PUBLIC MATCHING FUNDS SHALL BE USED EXCEPT TO REIMBURSE OR PAY
FOR QUALIFIED CAMPAIGN EXPENDITURES ACTUALLY AND LAWFULLY INCURRED OR TO
REPAY LOANS USED TO PAY QUALIFIED CAMPAIGN EXPENDITURES.
2. IF THE THRESHOLD FOR ELIGIBILITY IS MET, THE PARTICIPATING CANDI-
DATE'S AUTHORIZED COMMITTEE SHALL RECEIVE PAYMENT FOR QUALIFIED CAMPAIGN
EXPENDITURES OF SIX DOLLARS OF PUBLIC MATCHING FUNDS FOR EACH ONE DOLLAR
OF MATCHABLE CONTRIBUTIONS FOR A PRIMARY ELECTION AND SIX DOLLARS OF
PUBLIC MATCHING FUNDS FOR EACH ONE DOLLAR OF MATCHABLE CONTRIBUTIONS FOR
A GENERAL ELECTION RECEIVED AND REPORTED TO THE BOARD.
3. THE BOARD SHALL MAKE ALL PAYMENTS OF PUBLIC MATCHING FUNDS TO
PARTICIPATING CANDIDATES AS SOON AS IS PRACTICABLE. THE BOARD SHALL
VERIFY ELIGIBILITY FOR PUBLIC MATCHING FUNDS WITHIN FOUR DAYS OF RECEIV-
ING A CAMPAIGN CONTRIBUTION REPORT FILED WITH THE STATE BOARD OF
ELECTIONS IN COMPLIANCE WITH THIS ARTICLE. IMMEDIATELY UPON DETERMINING
THAT A CANDIDATE IS ELIGIBLE FOR PUBLIC MATCHING FUNDS, THE BOARD SHALL
SUBMIT A DULY APPROVED, CERTIFIED AND EXECUTED VOUCHER TO THE OFFICE OF
THE STATE COMPTROLLER REQUESTING PAYMENT OF SUCH MATCHING FUNDS AND
PAYMENT THEREOF SHALL BE MADE NOT LESS THAN TWO DAYS AFTER SUCH VOUCHER
IS RECEIVED BY THE OFFICE OF THE STATE COMPTROLLER. HOWEVER, THE BOARD
SHALL NOT MAKE ANY PAYMENTS OF PUBLIC MONEY EARLIER THAN THE EARLIEST
A. 8367 10
DATES FOR MAKING SUCH PAYMENTS AS PROVIDED IN THIS TITLE. IF ANY OF THE
TIME LIMITS IN THIS TITLE FOR PAYMENT FALL ON A WEEKEND OR HOLIDAY,
PAYMENT SHALL BE MADE ON THE NEXT BUSINESS DAY.
4. THE BOARD SHALL PROMULGATE RULES TO FACILITATE ELECTRONIC FUND
TRANSFERS DIRECTLY FROM THE FUND INTO AN AUTHORIZED COMMITTEE'S BANK
ACCOUNT.
5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
BOARD HAS DETERMINED THAT OPPOSING FUNDS OF A CANDIDATE FOR A COVERED
ELECTION:
(A) EXCEED ONE HUNDRED PERCENT OF THE APPLICABLE SPENDING LIMIT ESTAB-
LISHED BY SECTION 14-207 OF THIS TITLE, THE AUTHORIZED COMMITTEE OF EACH
PARTICIPATING CANDIDATE SHALL RECEIVE PAYMENT FOR QUALIFIED CAMPAIGN
EXPENDITURES FOR SUCH ELECTION IN EXCESS OF THE SPENDING LIMIT OF SEVEN
DOLLARS FOR EVERY ONE DOLLAR OF EACH MATCHABLE CONTRIBUTION RECEIVED FOR
A PRIMARY ELECTION FOR THE FIRST TWO HUNDRED FIFTY DOLLARS OF EACH SUCH
CONTRIBUTION; (II) SEVEN DOLLARS FOR EVERY ONE DOLLAR OF EACH MATCHABLE
CONTRIBUTION IN PUBLIC MATCHING FUNDS PER CONTRIBUTOR FOR A GENERAL
ELECTION FOR THE FIRST TWO HUNDRED FIFTY DOLLARS OF EACH SUCH CONTRIB-
UTION; AND (III) SUCH PARTICIPATING CANDIDATE SHALL NO LONGER BE BOUND
BY THE APPLICABLE SPENDING LIMITS ESTABLISHED BY SECTION 14-207 OF THIS
TITLE, BUT RATHER SHALL BE BOUND BY AN EXPENDITURE LIMIT EQUAL TO THE
OPPOSING FUNDS UP TO TWO HUNDRED PERCENT OF THE APPLICABLE SPENDING
LIMITS SET FORTH IN SECTION 14-207 OF THIS TITLE; OR
(B) EXCEED TWO HUNDRED PERCENT OF THE APPLICABLE SPENDING LIMITS
ESTABLISHED BY SECTION 14-207 OF THIS TITLE, THE AUTHORIZED COMMITTEE OF
THAT PARTICIPATING CANDIDATE SHALL NO LONGER BE BOUND BY SUCH LIMITS.
S 14-209. USE OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN EXPENDI-
TURES. 1. PUBLIC MATCHING FUNDS PROVIDED UNDER THE PROVISIONS OF THIS
TITLE MAY BE USED ONLY BY AN AUTHORIZED COMMITTEE FOR EXPENDITURES TO
FURTHER THE PARTICIPATING CANDIDATE'S NOMINATION FOR ELECTION, OR
ELECTION, INCLUDING PAYING FOR DEBTS INCURRED WITHIN ONE YEAR BEFORE AN
ELECTION TO FURTHER THE PARTICIPATING CANDIDATE'S NOMINATION FOR
ELECTION OR ELECTION.
2. SUCH PUBLIC MATCHING FUNDS MAY NOT BE USED FOR: (A) AN EXPENDITURE
THAT VIOLATES ANY LAW OR REGULATION; (B) AN EXPENDITURE IN EXCESS OF THE
FAIR MARKET VALUE OF SERVICES, MATERIALS, FACILITIES OR OTHER ITEM OF
SIGNIFICANT VALUE RECEIVED IN EXCHANGE; (C) AN EXPENDITURE MADE AFTER
THE CANDIDATE HAS BEEN FINALLY DISQUALIFIED FROM THE BALLOT; (D) AN
EXPENDITURE FOR AN OBLIGATION INCURRED AFTER THE ONLY REMAINING OPPONENT
OF THE CANDIDATE HAS BEEN FINALLY DISQUALIFIED FROM THE BALLOT; (E) AN
EXPENDITURE MADE BY CASH PAYMENT; (F) A CONTRIBUTION OR LOAN MADE TO
ANOTHER CANDIDATE OR POLITICAL COMMITTEE; (G) AN INDEPENDENT EXPENDITURE
TO SUPPORT OR OPPOSE ANOTHER CANDIDATE OR POLITICAL COMMITTEE; (H)
GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED CAMPAIGN MATE-
RIAL; (I) LEGAL FEES TO DEFEND AGAINST A CRIMINAL CHARGE; OR (J) A
PAYMENT TO AN IMMEDIATE FAMILY MEMBER OF THE PARTICIPATING CANDIDATE.
S 14-210. CAMPAIGN FINANCE FUND BOARD; GENERAL POWERS AND DUTIES. 1.
THERE SHALL BE A BOARD KNOWN AS THE "CAMPAIGN FINANCE FUND BOARD"
COMPOSED OF SEVEN MEMBERS, OF WHICH ONE MEMBER SHALL BE APPOINTED BY THE
GOVERNOR, ONE MEMBER SHALL BE APPOINTED BY EACH LEGISLATIVE LEADER OF
THE SENATE AND ASSEMBLY. TWO ADDITIONAL MEMBERS WHO SHALL BE REPRESEN-
TATIVE OF NON-PARTISAN CITIZENS' GROUPS SHALL BE APPOINTED BY THE GOVER-
NOR UPON CONSULTATION WITH THE LEGISLATIVE LEADERS AND THE GOVERNOR
SHALL DESIGNATE ONE TO BE THE CHAIR. NO MEMBER OF THE BOARD SHALL HOLD
ELECTIVE OFFICE, NOR SHALL ANY MEMBER BE A LOBBYIST AS DEFINED IN SUBDI-
VISION (A) OF SECTION ONE-C OF THE LEGISLATIVE LAW. THE CHAIR SHALL BE
A. 8367 11
RESPONSIBLE FOR MANAGING THE BOARD. THE MEMBERS SHALL EACH SERVE FOR A
TERM OF FOUR YEARS.
2. EACH MEMBER'S TERM SHALL COMMENCE ON JUNE FIRST, TWO THOUSAND
TWELVE. IN CASE OF A VACANCY IN THE OFFICE OF A MEMBER, A MEMBER SHALL
BE APPOINTED ACCORDING TO THE ORIGINAL MANNER OF APPOINTMENT. EACH
MEMBER SHALL BE A RESIDENT OF THE STATE OF NEW YORK AND REGISTERED TO
VOTE THEREIN. EACH MEMBER SHALL AGREE NOT TO MAKE AND SHALL NOT MAKE
CONTRIBUTIONS TO ANY CANDIDATE OR AUTHORIZED COMMITTEE FOR NOMINATION
FOR ELECTION OR FOR ELECTION TO THE OFFICE OF STATE COMPTROLLER. NO
MEMBER SHALL SERVE AS AN OFFICER OF A POLITICAL PARTY OR COMMITTEE OR BE
A CANDIDATE OR PARTICIPATE IN ANY CAPACITY IN A CAMPAIGN BY A CANDIDATE
FOR NOMINATION FOR ELECTION, OR FOR ELECTION TO THE OFFICE OF STATE
COMPTROLLER. AN OFFICER OR EMPLOYEE OF THE STATE OR ANY STATE AGENCY
SHALL NOT BE ELIGIBLE TO BE A MEMBER OF THE BOARD.
3. THE MEMBERS OF THE BOARD SHALL BE ENTITLED TO RECEIVE PAYMENT FOR
ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR
DUTIES AS MEMBERS OF THE BOARD.
4. THE BOARD MAY EMPLOY SUCH STAFF AS MAY BE NECESSARY, INCLUDING AN
EXECUTIVE DIRECTOR AND A COUNSEL, AND MAKE NECESSARY EXPENDITURES
SUBJECT TO APPROPRIATION. SUCH STAFF MAY ALSO INCLUDE SUCH COUNSEL,
ACCOUNTANTS AND OTHER EMPLOYEES AS MAY BE NECESSARY TO IMPLEMENT THE
PROVISIONS OF THIS TITLE. THE BOARD SHALL RETAIN AN INDEPENDENT AUDITOR
TO PERFORM ONGOING AUDITS OF EACH COVERED ELECTION BY CONTRACT ENTERED
INTO PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE
LAW.
5. A MEMBER OF THE BOARD MAY BE REMOVED FOR CAUSE BY THE APPOINTING
AUTHORITY UPON NOTICE AND AN OPPORTUNITY FOR A HEARING.
6. IN ADDITION TO THE ENFORCEMENT POWERS, AND ANY OTHER POWERS AND
DUTIES SPECIFIED BY LAW, THE BOARD SHALL:
(A) (I) RENDER ADVISORY OPINIONS WITH RESPECT TO QUESTIONS ARISING
UNDER THIS TITLE UPON THE WRITTEN REQUEST OF A CANDIDATE, AN OFFICER OF
A POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITI-
ATIVE; (II) PROMULGATE RULES REGARDING REASONABLE TIMES TO RESPOND TO
SUCH REQUESTS; AND (III) MAKE PUBLIC THE QUESTIONS OF INTERPRETATION FOR
WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE BOARD AND ITS ADVISORY
OPINIONS, INCLUDING BY PUBLICATION ON ITS WEBSITE;
(B) DEVELOP A PROGRAM FOR INFORMING CANDIDATES AND THE PUBLIC AS TO
THE PURPOSE AND EFFECT OF THE PROVISIONS OF THIS TITLE, INCLUDING BY
MEANS OF A WEBSITE;
(C) HAVE THE AUTHORITY TO PROMULGATE SUCH RULES AND REGULATIONS AND
PRESCRIBE SUCH FORMS AS THE BOARD DEEMS NECESSARY FOR THE ADMINISTRATION
OF THIS TITLE; AND
(D) IN CONJUNCTION WITH THE STATE BOARD OF ELECTIONS DEVELOP AN INTER-
ACTIVE, SEARCHABLE COMPUTER DATABASE THAT SHALL CONTAIN ALL INFORMATION
NECESSARY FOR THE PROPER ADMINISTRATION OF THIS TITLE INCLUDING INFORMA-
TION ON CONTRIBUTIONS TO AND EXPENDITURES BY CANDIDATES AND THEIR
AUTHORIZED COMMITTEES, INDEPENDENT EXPENDITURES IN SUPPORT OR OPPOSITION
OF CANDIDATES FOR COVERED OFFICES, AND DISTRIBUTIONS OF MONEYS FROM THE
FUND AND SHALL BE ACCESSIBLE TO THE PUBLIC ON THE BOARD'S WEBSITE.
7. CONSISTENT WITH THE PROVISIONS OF THE CIVIL SERVICE LAW AND SUBDI-
VISION SEVENTEEN OF SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW,
AND NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, ALL
POSITIONS ON THE STAFF OF THE BOARD SHALL BE CLASSIFIED IN THE EXEMPT
CLASS OF THE CIVIL SERVICE AND SUCH POSITIONS SHALL BE FILLED, TO THE
EXTENT POSSIBLE, WITH AN EQUAL NUMBER OF PERSONS FROM EACH OF THE TWO
POLITICAL PARTIES FOR WHICH THE HIGHEST AND THE NEXT HIGHEST NUMBER OF
A. 8367 12
VOTES WERE CAST FOR THE OFFICE OF STATE COMPTROLLER AT THE LAST PRECED-
ING GENERAL ELECTION FOR SUCH OFFICE.
8. THE BOARD'S ADMINISTRATION OF THE FUND SHALL BE GOVERNED BY THE
PROVISIONS OF THIS TITLE AND SECTION NINETY-NINE-U OF THE STATE FINANCE
LAW.
9. THE BOARD AND ITS PROCEEDINGS SHALL BE GOVERNED BY THE STATE ADMIN-
ISTRATIVE PROCEDURE ACT AND SUBJECT TO ARTICLES SIX AND SEVEN OF THE
PUBLIC OFFICERS LAW.
10. THE BOARD MAY TAKE SUCH OTHER ACTIONS AS ARE NECESSARY AND PROPER
TO CARRY OUT THE PURPOSES OF THIS TITLE.
S 14-211. AUDITS AND REPAYMENTS. 1. THE BOARD IS HEREBY EMPOWERED TO
AUDIT AND EXAMINE ALL MATTERS RELATING TO THE PERFORMANCE OF ITS FUNC-
TIONS AND ANY OTHER MATTER RELATING TO THE ADMINISTRATION OF THIS TITLE.
SUCH AUDITS SHALL BE CONDUCTED AS FREQUENTLY AS THE BOARD DEEMS NECES-
SARY TO ENSURE COMPLIANCE WITH THIS TITLE. EVERY CANDIDATE WHO RECEIVES
PUBLIC FUNDS UNDER THIS TITLE SHALL ALSO BE AUDITED BY THE BOARD. THE
COST OF COMPLYING WITH A POST-ELECTION AUDIT SHALL BE BORNE BY THE
CANDIDATE'S AUTHORIZED COMMITTEE. A CANDIDATE WHO HAS RECEIVED PUBLIC
FUNDS UNDER THIS TITLE MUST MAINTAIN A RESERVE OF AT LEAST ONE PERCENT
OF HIS OR HER SPENDING LIMIT AS DEFINED BY SECTION 14-207 OF THIS TITLE
IN HIS OR HER CAMPAIGN ACCOUNT TO COMPLY WITH THE POST-ELECTION AUDIT. A
CANDIDATE WHO RUNS IN BOTH A PRIMARY AND A GENERAL ELECTION, MUST MAIN-
TAIN A RESERVE OF ONE PERCENT OF BOTH HIS OR HER PRIMARY AND GENERAL
ELECTION SPENDING LIMITS AS DEFINED BY SECTION 14-207 OF THIS TITLE. A
CANDIDATE MAY USE PUBLIC FUNDS, PRIVATE FUNDS OR A COMBINATION OF PUBLIC
AND PRIVATE FUNDS TO COMPLY WITH A POST-ELECTION AUDIT. THE BOARD SHALL
ISSUE TO EACH CAMPAIGN AUDITED A FINAL AUDIT REPORT THAT DETAILS ITS
FINDINGS AND SHALL PROVIDE SUCH AUDIT TO THE GOVERNOR AND LEGISLATIVE
LEADERS AND MAKE SUCH AUDIT REPORT AVAILABLE ON THE BOARD'S WEBSITE.
2. IF THE BOARD DETERMINES THAT ANY PORTION OF A PAYMENT MADE TO A
CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND EXCEEDED THE AMOUNT THAT
SUCH CANDIDATE WAS ELIGIBLE TO RECEIVE PURSUANT TO THIS TITLE, THE BOARD
SHALL NOTIFY SUCH COMMITTEE AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN
AMOUNT EQUAL TO THE AMOUNT OF THE EXCESS PAYMENT; PROVIDED, HOWEVER,
THAT IF THE ERRONEOUS PAYMENT WAS DUE TO AN ERROR MADE BY THE BOARD,
THEN THE ERRONEOUS PAYMENT WILL BE OFFSET AGAINST ANY FUTURE PAYMENT, IF
ANY. THE CANDIDATE AND THE CANDIDATE'S AUTHORIZED COMMITTEE SHALL BE
JOINTLY AND SEVERALLY LIABLE FOR ANY REPAYMENTS DUE TO THE BOARD.
3. IF THE BOARD DETERMINES THAT ANY PORTION OF A PAYMENT MADE TO A
CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS USED FOR PURPOSES
OTHER THAN QUALIFIED CAMPAIGN EXPENDITURES, THE BOARD SHALL NOTIFY SUCH
COMMITTEE OF THE AMOUNT SO DISQUALIFIED AND SUCH COMMITTEE SHALL PAY TO
THE BOARD AN AMOUNT EQUAL TO SUCH DISQUALIFIED AMOUNT. THE CANDIDATE AND
THE CANDIDATE'S AUTHORIZED COMMITTEE SHALL BE JOINTLY AND SEVERALLY
LIABLE FOR ANY REPAYMENTS DUE TO THE BOARD.
4. IF THE TOTAL OF CONTRIBUTIONS, OTHER RECEIPTS, AND PAYMENTS FROM
THE FUND RECEIVED BY A PARTICIPATING CANDIDATE AND HIS OR HER AUTHORIZED
COMMITTEE EXCEEDS THE TOTAL CAMPAIGN EXPENDITURES OF SUCH CANDIDATE AND
COMMITTEE FOR ALL COVERED ELECTIONS HELD IN THE SAME CALENDAR YEAR, SUCH
CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS FUNDS TO REIMBURSE THE
FUND FOR PAYMENTS RECEIVED BY SUCH COMMITTEE FROM THE FUND DURING SUCH
CALENDAR YEAR. A PARTICIPATING CANDIDATE SHALL PAY TO THE BOARD FOR
DEPOSIT INTO THE FUND UNSPENT PUBLIC CAMPAIGN FUNDS FOR AN ELECTION NOT
LATER THAN THIRTY DAYS AFTER ALL LIABILITIES FOR THE ELECTION CAMPAIGN
HAVE BEEN PAID AND IN ANY EVENT, NOT LATER THAN TWENTY DAYS AFTER THE
DATE ON WHICH THE BOARD ISSUES ITS FINAL AUDIT REPORT FOR THE PARTIC-
A. 8367 13
IPATING CANDIDATE'S COMMITTEE; PROVIDED, HOWEVER, THAT ALL UNSPENT
PUBLIC CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE SHALL BE IMMEDIATELY
DUE AND PAYABLE TO THE BOARD FOR DEPOSIT INTO THE FUND UPON ITS DETERMI-
NATION THAT THE PARTICIPANT WILLFULLY DELAYED THE POST-ELECTION AUDIT
PROCESS. A PARTICIPATING CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES
ONLY FOR ROUTINE ACTIVITIES INVOLVING NOMINAL COSTS ASSOCIATED WITH
WINDING UP A CAMPAIGN AND RESPONDING TO THE POST-ELECTION AUDIT. FOR
ACCOUNTING PURPOSES, ALL PRIVATE AND PERSONAL CONTRIBUTIONS SHALL BE
CONSIDERED SPENT BEFORE REVENUE FROM THE FUND IS SPENT OR COMMITTED.
S 14-212. CIVIL ENFORCEMENT. 1. ANY PERSON OR AUTHORIZED COMMITTEE WHO
KNOWINGLY AND INTENTIONALLY FAILS TO MAKE A FILING REQUIRED BY THE
PROVISIONS OF THIS TITLE SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO
EXCEED THE AMOUNT OF FIVE THOUSAND DOLLARS.
2. ANY PERSON OR AUTHORIZED COMMITTEE WHO KNOWINGLY AND INTENTIONALLY
VIOLATES ANY OTHER PROVISION OF THIS TITLE OR ANY RULE PROMULGATED HERE-
UNDER SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THE AMOUNT OF
TEN THOUSAND DOLLARS.
3. IF THE AGGREGATE AMOUNT OF EXPENDITURES BY A PARTICIPATING CANDI-
DATE AND SUCH CANDIDATE'S AUTHORIZED COMMITTEE EXCEED THE SPENDING LIMIT
ESTABLISHED BY SECTION 14-207 OF THIS TITLE AND SUCH PARTICIPATING
CANDIDATE OR SUCH CANDIDATE'S AUTHORIZED COMMITTEE WAS NOT AUTHORIZED TO
EXCEED SUCH LIMITS PURSUANT TO SUBDIVISION FIVE OF SECTION 14-208 OF
THIS TITLE, SUCH CANDIDATE AND AUTHORIZED COMMITTEE SHALL BE SUBJECT TO
A CIVIL PENALTY NOT TO EXCEED THREE TIMES THE SUM BY WHICH SUCH EXPENDI-
TURES SURPASS THE APPLICABLE SPENDING LIMIT.
4. FINES AUTHORIZED UNDER THIS SECTION WILL BE IMPOSED BY THE BOARD
AFTER A HEARING AT WHICH THE SUBJECT PERSON OR AUTHORIZED COMMITTEE
SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD. SUCH HEARING SHALL BE HELD IN
SUCH MANNER AND UPON SUCH NOTICE AS MAY BE PRESCRIBED BY THE RULES OF
THE BOARD. FOR PURPOSES OF CONDUCTING SUCH HEARINGS, THE BOARD SHALL BE
DEEMED TO BE AN AGENCY WITHIN THE MEANING OF ARTICLE THREE OF THE STATE
ADMINISTRATIVE PROCEDURE ACT AND SHALL ADOPT RULES GOVERNING THE CONDUCT
OF ADJUDICATORY PROCEEDINGS AND APPEALS TAKEN PURSUANT TO A PROCEEDING
COMMENCED UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND
RULES RELATING TO THE ASSESSMENT OF THE CIVIL PENALTIES HEREIN AUTHOR-
IZED.
5. THE BOARD SHALL PUBLISH ON ITS WEBSITE THE FINAL ORDER ADJUDICATING
ANY MATTER BROUGHT PURSUANT TO THIS SECTION.
S 14-213. CRIMINAL PENALTIES. 1. ANY PERSON WHO KNOWINGLY AND WILLFUL-
LY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS OF THIS TITLE WITH-
IN TEN DAYS AFTER THE DATE PROVIDED FOR SUCH, OR ANYONE THAT KNOWINGLY
AND WILLFULLY VIOLATES ANY OTHER PROVISION OF THIS TITLE SHALL BE GUILTY
OF A MISDEMEANOR AND, IN ADDITION TO SUCH OTHER PENALTIES AS MAY BE
PROVIDED BY LAW, SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT OF
TEN THOUSAND DOLLARS.
2. ANY PERSON WHO KNOWINGLY AND WILLFULLY CONTRIBUTES, ACCEPTS OR AIDS
OR PARTICIPATES IN THE CONTRIBUTION OR ACCEPTANCE OF A CONTRIBUTION IN
AN AMOUNT EXCEEDING AN APPLICABLE MAXIMUM SPECIFIED IN THIS ARTICLE
SHALL BE GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A FINE NOT TO
EXCEED THE AMOUNT OF TEN THOUSAND DOLLARS.
3. ANY PERSON WHO KNOWINGLY MAKES A FALSE STATEMENT OR KNOWINGLY OMITS
A MATERIAL FACT TO THE BOARD OR AN AUDITOR DESIGNATED BY THE BOARD
DURING ANY AUDIT CONDUCTED PURSUANT TO SECTION 14-211 OF THIS TITLE
SHALL BE GUILTY OF A CLASS E FELONY.
4. IN ADDITION ANY OTHER SENTENCE LAWFULLY IMPOSED UPON A FINDING OF
GUILT IN A CRIMINAL PROSECUTION COMMENCED PURSUANT TO THE PROVISIONS OF
A. 8367 14
THIS SECTION, THE COURT MAY ORDER A DEFENDANT TO REPAY TO THE BOARD ANY
PUBLIC MATCHING FUNDS OBTAINED AS A RESULT OF ANY CRIMINAL CONDUCT.
5. ALL SUCH PROSECUTIONS FOR CRIMINAL ACTS UNDER THIS ARTICLE SHALL BE
PROSECUTED BY THE ATTORNEY GENERAL OF THE STATE OF NEW YORK.
S 14-214. REPORTS. THE BOARD SHALL SUBMIT A REPORT TO THE GOVERNOR AND
LEGISLATIVE LEADERS ON OR BEFORE FEBRUARY FIRST, TWO THOUSAND FIFTEEN,
AND EVERY FOUR YEARS THEREAFTER, WHICH SHALL INCLUDE:
1. A LIST OF THE PARTICIPATING AND NONPARTICIPATING CANDIDATES IN
COVERED ELECTIONS AND THE VOTES RECEIVED BY EACH CANDIDATE IN THOSE
ELECTIONS;
2. THE AMOUNT OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES
MADE, ON BEHALF OF PARTICIPATING AND NONPARTICIPATING CANDIDATES;
3. THE AMOUNT OF PUBLIC MATCHING FUNDS EACH PARTICIPATING CANDIDATE
RECEIVED, SPENT, AND REPAID PURSUANT TO THIS ARTICLE;
4. ANALYSIS OF THE EFFECT OF THIS TITLE ON THE ELECTION CAMPAIGN FOR
THE OFFICE OF STATE COMPTROLLER AND THE UTILITY OF APPLYING THE PROGRAM
TO OTHER CAMPAIGNS FOR STATEWIDE ELECTIVE OFFICE, INCLUDING ITS EFFECT
ON THE SOURCES AND AMOUNTS OF PRIVATE FINANCING, THE LEVEL OF CAMPAIGN
EXPENDITURES, VOTER PARTICIPATION, THE NUMBER OF CANDIDATES, THE CANDI-
DATES' ABILITIES TO CAMPAIGN EFFECTIVELY FOR PUBLIC OFFICE, AND THE
DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
5. RECOMMENDATIONS FOR CHANGES OR AMENDMENTS TO THIS TITLE, INCLUDING
CHANGES IN CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY AND SPENDING
LIMITS AS WELL AS INSTITUTING A PROGRAM OF FULL PUBLIC CAMPAIGN FINANC-
ING FOR ELECTION FOR ALL STATEWIDE OFFICES; AND
6. ANY OTHER INFORMATION THAT THE BOARD DEEMS RELEVANT.
S 14-215. DEBATES. THE BOARD SHALL PROMULGATE REGULATIONS TO FACILI-
TATE DEBATES AMONG PARTICIPATING CANDIDATES. PARTICIPATING CANDIDATES
ARE REQUIRED TO PARTICIPATE IN AT LEAST ONE DEBATE BEFORE THE PRIMARY
ELECTION AND IN AT LEAST ONE DEBATE BEFORE THE GENERAL ELECTION FOR
WHICH THE CANDIDATE RECEIVES PUBLIC FUNDS, UNLESS THE PARTICIPATING
CANDIDATE IS RUNNING UNOPPOSED. A NONPARTICIPATING CANDIDATE MAY BE A
PARTY TO SUCH DEBATES.
S 14-216. DISTRIBUTIONS FROM CAMPAIGN FINANCE FUND. 1. THIS SECTION
GOVERNS THE BOARD'S DISTRIBUTION OF FUNDS FROM THE CAMPAIGN FINANCE FUND
CREATED BY SECTION NINETY-NINE-U OF THE STATE FINANCE LAW, EXCEPT AS
OTHERWISE PROVIDED IN THIS TITLE.
2. NO MONEYS SHALL BE PAID TO PARTICIPATING CANDIDATES IN A PRIMARY
ELECTION ANY EARLIER THAN TWO WEEKS AFTER THE LAST DAY TO FILE DESIGNAT-
ING PETITIONS FOR SUCH PRIMARY ELECTION.
3. NO MONEYS SHALL BE PAID TO PARTICIPATING CANDIDATES IN A GENERAL
ELECTION ANY EARLIER THAN A WEEK AFTER THE PRIMARY ELECTION HELD TO
NOMINATE CANDIDATES FOR SUCH ELECTION.
4. NO MONEYS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO HAS BEEN
DISQUALIFIED BY THE BOARD OR WHOSE DESIGNATING PETITIONS HAVE BEEN
DECLARED INVALID BY THE STATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY AN APPELLATE
COURT.
5. NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDIDATE OR
SUCH A CANDIDATE'S AUTHORIZED COMMITTEE ON THE DATE OF SUCH DISQUALI-
FICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY PURPOSE
EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE THAT DATE. ALL EXCESS
PUBLIC MONEYS PAID TO A DISQUALIFIED CANDIDATE SHALL BE RETURNED TO THE
FUND NOT LESS THAN THIRTY DAYS AFTER THE GENERAL ELECTION FOR THOSE
PARTICIPATING CANDIDATES WHO RECEIVED PUBLIC MONEYS FOR THE GENERAL
ELECTION, AND OTHERWISE, NOT LESS THAN THIRTY DAYS AFTER THE PRIMARY
A. 8367 15
ELECTION FOR THOSE PARTICIPATING CANDIDATES WHO RECEIVED PUBLIC MONEYS
SOLELY FOR THE PRIMARY ELECTION.
6. (A) PARTICIPATING CANDIDATES SHALL PAY TO THE BOARD UNSPENT PUBLIC
CAMPAIGN FUNDS FROM AN ELECTION NOT LATER THAN THIRTY DAYS AFTER ALL
LIABILITIES FOR THE ELECTION HAVE BEEN PAID AND, IN ANY EVENT, NOT LESS
THAN TWENTY DAYS AFTER THE DATE UPON WHICH THE BOARD ISSUES ITS FINAL
AUDIT REPORT FOR THE PARTICIPATING CANDIDATE'S COMMITTEE; PROVIDED,
HOWEVER, THAT ALL UNSPENT PUBLIC CAMPAIGN FUNDS FOR A PARTICIPATING
CANDIDATE SHALL BE IMMEDIATELY DUE AND PAYABLE TO THE BOARD UPON ITS
DETERMINATION THAT THE PARTICIPATING CANDIDATE HAS, WITHOUT JUST CAUSE,
DELAYED THE POST-ELECTION AUDIT PROCESS. UNSPENT CAMPAIGN FUNDS DETERMI-
NATIONS MADE BY THE BOARD SHALL BE BASED ON THE PARTICIPATING CANDIDATE
COMMITTEE'S RECEIPTS AND EXPENDITURES. THE BOARD MAY ALSO CONSIDER ANY
OTHER RELEVANT INFORMATION REVEALED IN THE COURSE OF ITS AUDITS OR
INVESTIGATIONS OR THE INVESTIGATIONS BY ANY OTHER AGENCY.
(B) (I) A PARTICIPATING CANDIDATE MAY NOT USE RECEIPTS FOR ANY PURPOSE
OTHER THAN DISBURSEMENTS IN THE PRECEDING ELECTION UNTIL ALL UNSPENT
PUBLIC CAMPAIGN FUNDS HAVE BEEN REPAID. A PARTICIPATING CANDIDATE SHALL
HAVE THE BURDEN OF DEMONSTRATING THAT A POST-ELECTION EXPENDITURE IS FOR
THE PRECEDING ELECTION.
(II) BEFORE REPAYING UNSPENT PUBLIC CAMPAIGN FUNDS, A PARTICIPATING
CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES ONLY FOR ROUTINE ACTIV-
ITIES INVOLVING NOMINAL COSTS ASSOCIATED WITH WINDING UP A CAMPAIGN AND
RESPONDING TO THE POST-ELECTION AUDIT. SUCH EXPENDITURES MAY INCLUDE:
PAYMENT OF UTILITY BILLS AND RENT; REASONABLE STAFF SALARIES AND
CONSULTANT FEES FOR RESPONDING TO A POST-ELECTION AUDIT; REASONABLE
MOVING EXPENSES RELATED TO CLOSING A CAMPAIGN OFFICE; A HOLIDAY CARD
MAILING TO CONTRIBUTORS, CAMPAIGN VOLUNTEERS, AND STAFF MEMBERS; THANK
YOU NOTES FOR CONTRIBUTORS, CAMPAIGN VOLUNTEERS, AND STAFF MEMBERS;
PAYMENT OF TAXES AND OTHER REASONABLE EXPENSES FOR COMPLIANCE WITH
APPLICABLE TAX LAWS; AND INTEREST EXPENSES. ROUTINE POST-ELECTION
EXPENDITURES THAT MAY BE PAID FOR WITH UNSPENT CAMPAIGN FUNDS DO NOT
INCLUDE SUCH ITEMS AS POST-ELECTION MAILINGS OTHER THAN AS SPECIFICALLY
PROVIDED FOR IN THIS SUBPARAGRAPH; MAKING CONTRIBUTIONS; MAKING BONUS
PAYMENTS OR GIFTS TO STAFF MEMBERS OR VOLUNTEERS, OR HOLDING ANY POST-E-
LECTION DAY EVENT, INCLUDING, BUT NOT LIMITED TO, ANY MEAL OR ANY PARTY.
UNSPENT CAMPAIGN FUNDS MAY NOT BE USED FOR TRANSITION OR INAUGURATION
ACTIVITIES.
S 4. The general business law is amended by adding a new section 359-
gg to read as follows:
S 359-GG. ADDITIONAL SURCHARGE. IN ADDITION TO ANY PENALTY AUTHORIZED
BY SECTION THREE HUNDRED FIFTY-NINE-G OF THIS ARTICLE OR ANY DAMAGES OR
OTHER COMPENSATION RECOVERABLE INCLUDING, BUT NOT LIMITED TO, ANY
SETTLEMENT AUTHORIZED BY SECTION SIXTY-THREE OR SIXTY-THREE-C OF THE
EXECUTIVE LAW, THERE SHALL BE ASSESSED THEREON AN ADDITIONAL SURCHARGE
IN THE AMOUNT OF TEN PERCENT OF THE TOTAL AMOUNT OF SUCH PENALTY,
DAMAGES OR SETTLEMENT. SUCH SURCHARGE SHALL BE DEPOSITED IN THE NEW YORK
STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-NINE-U OF THE
STATE FINANCE LAW.
S 5. The state finance law is amended by adding a new section 99-u to
read as follows:
S 99-U. 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.
A. 8367 16
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE SURCHARGE
IMPOSED PURSUANT TO SECTION THREE HUNDRED FIFTY-NINE-GG OF THE GENERAL
BUSINESS LAW, REVENUES RECEIVED FROM CAMPAIGN FINANCE FUND CHECK-OFF
PURSUANT TO SUBSECTION (F) OF SECTION SIX HUNDRED FIFTY-EIGHT OF THE TAX
LAW AND ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER
FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION SHALL
PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS, BEQUESTS OR VOLUNTARY
CONTRIBUTIONS FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION
AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT
TO TITLE TWO OF ARTICLE FOURTEEN OF THE ELECTION LAW. MONEYS SHALL BE
PAID OUT OF THE FUND ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER
ON VOUCHERS CERTIFIED OR APPROVED BY THE CAMPAIGN FINANCE FUND BOARD
ESTABLISHED PURSUANT TO TITLE TWO OF ARTICLE FOURTEEN OF THE ELECTION
LAW, OR THE DULY DESIGNATED REPRESENTATIVE OF SUCH BOARD, IN THE MANNER
PRESCRIBED BY LAW, NOT MORE THAN FOUR WORKING DAYS AFTER A VOUCHER DULY
CERTIFIED, APPROVED AND EXECUTED BY SUCH BOARD OR ITS REPRESENTATIVE IN
THE FORM PRESCRIBED BY THE STATE COMPTROLLER 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 CAMPAIGN FINANCE FUND BOARD, 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 AN ELECTION CYCLE EXCEEDS TWENTY-FIVE
PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER THE PREVIOUS FOUR YEARS,
THE EXCESS SHALL REVERT TO THE GENERAL FUND OF THE STATE.
6. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
PRIMARY ELECTION ANY EARLIER THAN THE DAY THAT SUCH CANDIDATE IS CERTI-
FIED AS BEING ON THE BALLOT FOR SUCH PRIMARY ELECTION.
7. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF THE PRIMARY
ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
8. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN DECLARED
INVALID BY THE APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER
AUTHORITY. NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDI-
DATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON THE DATE OF SUCH
DISQUALIFICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY
PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE. ALL
SUCH MONEYS SHALL BE REPAID TO THE FUND.
S 6. 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 TAXA-
BLE YEAR BEGINNING ON AND AFTER JANUARY FIRST, TWO THOUSAND TWELVE,
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-NINE-U 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
A. 8367 17
RETURN IS FILED OF TEN DOLLARS OR MORE, OR FILE SEPARATE RETURNS ON A
SINGLE FORM, EACH SUCH TAXPAYER MAY MAKE SEPARATE DESIGNATIONS 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-NINE-U 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 TWELVE, 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 7. Severability. If any clause, sentence, subdivision, paragraph,
section or part of this act be adjudged by any court of competent juris-
diction to be invalid, such judgment shall not affect, impair or invali-
date 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 8. This act shall take effect January 1, 2012.