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

                                  8071

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 27, 2011
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Election Law

AN  ACT to amend the election law, in relation to enacting the "New York
  clean election act"; and to amend the state finance law,  in  relation
  to creating the New York clean election fund

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

  Section 1. This act shall be known and may be cited as the  "New  York
clean election act".
  S 2. The election law is amended by adding a new article 18 to read as
follows:
                               ARTICLE 18
                       NEW YORK CLEAN ELECTION ACT
SECTION 18-100. DEFINITIONS.
        18-102. ALTERNATIVE CAMPAIGN FINANCING OPTION.
        18-104. TERMS OF PARTICIPATION.
        18-106. COMMISSION TO ADOPT RULES.
        18-108. VIOLATIONS.
        18-110. STUDY REPORT.
  S  18-100.  DEFINITIONS.  AS  USED IN THIS ARTICLE, UNLESS THE CONTEXT
OTHERWISE INDICATES, THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS:
  1.  CERTIFIED  CANDIDATE.  "CERTIFIED  CANDIDATE"  MEANS  A  CANDIDATE
RUNNING FOR GOVERNOR, STATE COMPTROLLER, ATTORNEY GENERAL, STATE SENATOR
OR  STATE  ASSEMBLYMAN  WHO CHOOSES TO PARTICIPATE IN THE NEW YORK CLEAN
ELECTION ACT AND WHO IS CERTIFIED AS  A  NEW  YORK  CLEAN  ELECTION  ACT
CANDIDATE  PURSUANT  TO SUBDIVISION FIVE OF SECTION 18-104 OF THIS ARTI-
CLE.
  2. COMMISSION. "COMMISSION" MEANS THE STATE ETHICS COMMISSION.
  3. CONTRIBUTION. "CONTRIBUTION" HAS THE SAME MEANING AS SET  FORTH  IN
SUBDIVISION NINE OF SECTION 14-100 OF THIS CHAPTER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11608-02-1

              

A. 8071                             2

  4.  FUND.  "FUND"  MEANS  THE NEW YORK CLEAN ELECTION FUND ESTABLISHED
PURSUANT TO SECTION NINETY-NINE-U OF THE STATE FINANCE LAW.
  5.  NONPARTICIPATING  CANDIDATE.  "NONPARTICIPATING CANDIDATE" MEANS A
CANDIDATE RUNNING FOR GOVERNOR,  STATE  COMPTROLLER,  ATTORNEY  GENERAL,
STATE SENATOR OR STATE ASSEMBLYMAN WHO DOES NOT CHOOSE TO PARTICIPATE IN
THE  NEW  YORK CLEAN ELECTION ACT AND WHO IS NOT SEEKING TO BE CERTIFIED
AS A NEW YORK CLEAN ELECTION ACT CANDIDATE PURSUANT TO SUBDIVISION  FIVE
OF SECTION 18-104 OF THIS ARTICLE.
  6.  PARTICIPATING  CANDIDATE. "PARTICIPATING CANDIDATE" MEANS A CANDI-
DATE WHO IS RUNNING FOR GOVERNOR, STATE COMPTROLLER,  ATTORNEY  GENERAL,
STATE  SENATOR  OR STATE ASSEMBLYMAN WHO IS SEEKING TO BE CERTIFIED AS A
NEW YORK CLEAN ELECTION ACT CANDIDATE PURSUANT TO  SUBDIVISION  FIVE  OF
SECTION 18-104 OF THIS ARTICLE.
  7.   QUALIFYING   CONTRIBUTION.   "QUALIFYING  CONTRIBUTION"  MEANS  A
DONATION:
  A. OF TWENTY-FIVE DOLLARS IN THE FORM OF A  CHECK  OR  A  MONEY  ORDER
PAYABLE TO THE FUND IN SUPPORT OF A CANDIDATE;
  B.  MADE  BY  A REGISTERED VOTER WITHIN THE ELECTORAL DIVISION FOR THE
OFFICE A CANDIDATE IS SEEKING;
  C. MADE DURING THE DESIGNATED QUALIFYING PERIOD AND OBTAINED WITH  THE
KNOWLEDGE AND APPROVAL OF THE CANDIDATE; AND
  D.  THAT IS ACKNOWLEDGED BY A WRITTEN RECEIPT THAT IDENTIFIES THE NAME
AND ADDRESS OF THE DONOR ON FORMS PROVIDED BY THE COMMISSION.
  8. QUALIFYING PERIOD. "QUALIFYING PERIOD" MEANS THE FOLLOWING:
  A. FOR A GUBERNATORIAL, STATE COMPTROLLER OR ATTORNEY GENERAL  PARTIC-
IPATING  CANDIDATE,  THE  QUALIFYING  PERIOD BEGINS NOVEMBER FIRST IMME-
DIATELY PRECEDING THE ELECTION YEAR AND ENDS:  (I) IN THE CASE OF  PARTY
CANDIDATES,  ON MAY FIFTEENTH OF THE ELECTION YEAR; AND (II) IN THE CASE
OF INDEPENDENT NOMINATIONS, ON AUGUST FIRST OF THE ELECTION YEAR.
  B. FOR STATE SENATE OR STATE ASSEMBLY  PARTICIPATING  CANDIDATES,  THE
QUALIFYING  PERIOD  BEGINS  JANUARY FIRST OF THE ELECTION YEAR AND ENDS:
(I) IN THE CASE OF PARTY CANDIDATES, ON JULY FIRST OF THE ELECTION YEAR;
AND (II) IN THE CASE OF INDEPENDENT NOMINATIONS, ON AUGUST FIRST OF  THE
ELECTION YEAR.
  9. SEED MONEY CONTRIBUTION. "SEED MONEY CONTRIBUTION" MEANS A CONTRIB-
UTION  OF  NO  MORE  THAN  ONE  HUNDRED DOLLARS PER INDIVIDUAL MADE TO A
CANDIDATE, INCLUDING A CONTRIBUTION FROM THE  CANDIDATE  OR  THE  CANDI-
DATE'S FAMILY. TO BE ELIGIBLE FOR CERTIFICATION, A CANDIDATE MAY COLLECT
AND  SPEND ONLY SEED MONEY CONTRIBUTIONS SUBSEQUENT TO BECOMING A CANDI-
DATE AND THROUGHOUT THE QUALIFYING PERIOD. A CANDIDATE MAY  NOT  COLLECT
OR  SPEND  SEED  MONEY  CONTRIBUTIONS  AFTER CERTIFICATION AS A NEW YORK
CLEAN ELECTION ACT CANDIDATE.  THE  PRIMARY  PURPOSE  OF  A  SEED  MONEY
CONTRIBUTION  IS TO ENABLE A PARTICIPATING CANDIDATE TO COLLECT QUALIFY-
ING CONTRIBUTIONS. A SEED MONEY CONTRIBUTION MUST BE REPORTED  ACCORDING
TO PROCEDURES DEVELOPED BY THE COMMISSION.
  S  18-102.  ALTERNATIVE  CAMPAIGN  FINANCING  OPTION.  THERE IS HEREBY
ESTABLISHED AN ALTERNATIVE CAMPAIGN FINANCING OPTION AVAILABLE TO CANDI-
DATES RUNNING FOR GOVERNOR, STATE COMPTROLLER, ATTORNEY  GENERAL,  STATE
SENATOR  AND  STATE  ASSEMBLYMAN.    THIS ALTERNATIVE CAMPAIGN FINANCING
OPTION IS AVAILABLE TO CANDIDATES FOR ELECTIONS TO BE HELD BEGINNING  IN
THE  YEAR  TWO  THOUSAND  TWELVE.   THE COMMISSION SHALL ADMINISTER THIS
ARTICLE AND THE FUND. CANDIDATES PARTICIPATING IN  THE  NEW  YORK  CLEAN
ELECTION  ACT  SHALL  ALSO COMPLY WITH ALL OTHER APPLICABLE ELECTION AND
CAMPAIGN LAWS AND REGULATIONS.
  S 18-104. TERMS OF PARTICIPATION. 1. DECLARATION OF INTENT. A  PARTIC-
IPATING  CANDIDATE  SHALL  FILE  A DECLARATION OF INTENT TO SEEK CERTIF-

A. 8071                             3

ICATION AS A NEW YORK CLEAN ELECTION ACT CANDIDATE AND  TO  COMPLY  WITH
THE  REQUIREMENTS  OF  THIS  ARTICLE. THE DECLARATION OF INTENT SHALL BE
FILED WITH THE COMMISSION PRIOR  TO  OR  DURING  THE  QUALIFYING  PERIOD
ACCORDING TO FORMS AND PROCEDURES DEVELOPED BY THE COMMISSION. A PARTIC-
IPATING CANDIDATE SHALL SUBMIT A DECLARATION OF INTENT PRIOR TO COLLECT-
ING QUALIFYING CONTRIBUTIONS PURSUANT TO THIS ARTICLE.
  2. RESTRICTIONS ON CONTRIBUTIONS FOR PARTICIPATING CANDIDATES.  SUBSE-
QUENT  TO BECOMING A CANDIDATE AND PRIOR TO CERTIFICATION, A PARTICIPAT-
ING CANDIDATE MAY  NOT  ACCEPT  CONTRIBUTIONS,  EXCEPT  FOR  SEED  MONEY
CONTRIBUTIONS.  A  PARTICIPATING  CANDIDATE  SHALL LIMIT THE CANDIDATE'S
SEED MONEY CONTRIBUTIONS TO THE FOLLOWING AMOUNTS:
  A. ONE HUNDRED THOUSAND DOLLARS FOR A GUBERNATORIAL CANDIDATE;
  B. FIFTY THOUSAND DOLLARS FOR A CANDIDATE  FOR  THE  OFFICE  OF  STATE
COMPTROLLER OR ATTORNEY GENERAL;
  C. TEN THOUSAND DOLLARS FOR A CANDIDATE FOR THE STATE SENATE; OR
  D. FIVE THOUSAND DOLLARS FOR A CANDIDATE FOR THE STATE ASSEMBLY.
  THE COMMISSION MAY, BY RULE, REVISE THESE AMOUNTS TO ENSURE THE EFFEC-
TIVE IMPLEMENTATION OF THIS ARTICLE.
  3.  QUALIFYING  CONTRIBUTIONS.  PARTICIPATING  CANDIDATES  MUST OBTAIN
QUALIFYING CONTRIBUTIONS DURING THE QUALIFYING PERIOD AS FOLLOWS:
  A. FOR A GUBERNATORIAL CANDIDATE,  AT  LEAST  FIVE  THOUSAND  VERIFIED
REGISTERED  VOTERS OF THE STATE SHALL SUPPORT THE CANDIDACY BY PROVIDING
A QUALIFYING CONTRIBUTION TO THAT CANDIDATE;
  B. FOR A CANDIDATE FOR THE OFFICE OF  STATE  COMPTROLLER  OR  ATTORNEY
GENERAL,  AT  LEAST TWO THOUSAND FIVE HUNDRED VERIFIED REGISTERED VOTERS
OF THE STATE SHALL SUPPORT  THE  CANDIDACY  BY  PROVIDING  A  QUALIFYING
CONTRIBUTION TO THAT CANDIDATE;
  C.  FOR  A  CANDIDATE FOR THE STATE SENATE, AT LEAST TWO HUNDRED FIFTY
VERIFIED REGISTERED VOTERS FROM THE CANDIDATE'S ELECTORAL DISTRICT SHALL
SUPPORT THE CANDIDACY BY PROVIDING A  QUALIFYING  CONTRIBUTION  TO  THAT
CANDIDATE; OR
  D.  FOR A CANDIDATE FOR THE STATE ASSEMBLY, AT LEAST ONE HUNDRED VERI-
FIED REGISTERED VOTERS FROM THE  CANDIDATE'S  ELECTORAL  DISTRICT  SHALL
SUPPORT  THE  CANDIDACY  BY  PROVIDING A QUALIFYING CONTRIBUTION TO THAT
CANDIDATE.
  A PAYMENT, GIFT OR ANYTHING OF VALUE MAY NOT BE GIVEN IN EXCHANGE  FOR
A QUALIFYING CONTRIBUTION.
  4.  FILING  WITH  COMMISSION.  A  PARTICIPATING CANDIDATE SHALL SUBMIT
QUALIFYING CONTRIBUTIONS TO THE COMMISSION DURING THE QUALIFYING  PERIOD
ACCORDING TO PROCEDURES DEVELOPED BY THE COMMISSION.
  5.  CERTIFICATION  OF  NEW  YORK  CLEAN  ELECTION ACT CANDIDATES. UPON
RECEIPT OF A FINAL SUBMITTAL OF QUALIFYING CONTRIBUTIONS  BY  A  PARTIC-
IPATING  CANDIDATE,  THE  COMMISSION  SHALL DETERMINE WHETHER OR NOT THE
CANDIDATE HAS:
  A. SIGNED AND FILED A DECLARATION OF INTENT  TO  PARTICIPATE  IN  THIS
ARTICLE;
  B. SUBMITTED THE APPROPRIATE NUMBER OF VALID QUALIFYING CONTRIBUTIONS;
  C. QUALIFIED AS A CANDIDATE BY PETITION OR OTHER MEANS;
  D.  NOT  ACCEPTED  CONTRIBUTIONS, EXCEPT FOR SEED MONEY CONTRIBUTIONS,
AND OTHERWISE COMPLIED WITH SEED MONEY RESTRICTIONS; AND
  E. OTHERWISE MET THE REQUIREMENTS FOR PARTICIPATING IN THIS ARTICLE.
  THE COMMISSION SHALL CERTIFY A CANDIDATE COMPLYING WITH  THE  REQUIRE-
MENTS OF THIS SECTION AS A NEW YORK CLEAN ELECTION ACT CANDIDATE AS SOON
AS  POSSIBLE  AND  NO  LATER  THAN THREE DAYS AFTER ALL REQUIREMENTS FOR
PARTICIPATION AS PROVIDED BY THIS SUBDIVISION HAVE BEEN COMPLIED WITH.

A. 8071                             4

  UPON CERTIFICATION, A CANDIDATE SHALL TRANSFER TO THE FUND ANY UNSPENT
SEED MONEY CONTRIBUTIONS. A CERTIFIED CANDIDATE  MUST  COMPLY  WITH  ALL
REQUIREMENTS  OF  THIS  ARTICLE  AFTER  CERTIFICATION AND THROUGHOUT THE
PRIMARY AND GENERAL ELECTION PERIODS. FAILURE TO DO SO IS A VIOLATION OF
THIS ARTICLE.
  6. RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES FOR CERTIFIED CANDI-
DATES.    AFTER  CERTIFICATION,  A CANDIDATE SHALL LIMIT THE CANDIDATE'S
CAMPAIGN  EXPENDITURES  AND  OBLIGATIONS,  INCLUDING  OUTSTANDING  OBLI-
GATIONS,  TO THE REVENUES DISTRIBUTED TO THE CANDIDATE FROM THE FUND AND
MAY NOT ACCEPT ANY CONTRIBUTIONS UNLESS SPECIFICALLY AUTHORIZED  BY  THE
COMMISSION.  ALL  REVENUES  DISTRIBUTED TO CERTIFIED CANDIDATES FROM THE
FUND SHALL BE USED FOR CAMPAIGN-RELATED PURPOSES. THE  COMMISSION  SHALL
PUBLISH GUIDELINES OUTLINING PERMISSIBLE CAMPAIGN-RELATED EXPENDITURES.
  7.  TIMING  OF  FUND  DISTRIBUTION. THE COMMISSION SHALL DISTRIBUTE TO
CERTIFIED CANDIDATES REVENUES FROM THE FUND IN AMOUNTS DETERMINED  UNDER
SUBDIVISION EIGHT OF THIS SECTION IN THE FOLLOWING MANNER:
  A. WITHIN THREE DAYS AFTER CERTIFICATION, REVENUES FROM THE FUND SHALL
BE  DISTRIBUTED  ACCORDING TO WHETHER THE CANDIDATE IS IN A CONTESTED OR
UNCONTESTED PRIMARY ELECTION.
  B. WITHIN THREE DAYS AFTER THE PRIMARY ELECTION, FOR GENERAL  ELECTION
CERTIFIED  CANDIDATES,  REVENUES  FROM  THE  FUND  SHALL  BE DISTRIBUTED
ACCORDING TO WHETHER THE CANDIDATE IS IN A CONTESTED  GENERAL  ELECTION.
FUNDS MAY NOT BE DISTRIBUTED FOR UNCONTESTED GENERAL ELECTIONS.
  FUNDS MAY BE DISTRIBUTED TO CERTIFIED CANDIDATES UNDER THIS SECTION BY
ANY MECHANISM THAT IS EXPEDITIOUS, ENSURES ACCOUNTABILITY AND SAFEGUARDS
THE INTEGRITY OF THE FUND.
  8.  AMOUNT  OF  FUND DISTRIBUTION. BY JULY FIRST, TWO THOUSAND TWELVE,
AND AT LEAST EVERY FOUR YEARS AFTER  SUCH  DATE,  THE  COMMISSION  SHALL
DETERMINE  THE AMOUNT OF FUNDS TO BE DISTRIBUTED TO PARTICIPATING CANDI-
DATES BASED ON THE TYPE OF ELECTION AND OFFICE AS FOLLOWS:
  A. FOR CONTESTED PRIMARY ELECTIONS,  THE  AMOUNT  OF  REVENUES  TO  BE
DISTRIBUTED  IS THE AVERAGE AMOUNT OF CAMPAIGN EXPENDITURES MADE BY EACH
CANDIDATE DURING ALL CONTESTED PRIMARY ELECTION RACES FOR THE IMMEDIATE-
LY PRECEDING TWO PRIMARY ELECTIONS AS REPORTED  IN  THE  INITIAL  FILING
PERIOD  SUBSEQUENT TO THE PRIMARY ELECTION FOR THE RESPECTIVE OFFICES OF
GOVERNOR, STATE COMPTROLLER, ATTORNEY GENERAL, STATE  SENATE  AND  STATE
ASSEMBLY.
  B.  FOR UNCONTESTED PRIMARY ELECTIONS, THE AMOUNT OF REVENUES DISTRIB-
UTED IS THE AVERAGE AMOUNT OF CAMPAIGN EXPENDITURES MADE BY EACH  CANDI-
DATE  DURING  ALL  UNCONTESTED  PRIMARY ELECTION RACES, OR FOR CONTESTED
RACES IF THAT AMOUNT IS LOWER, FOR THE IMMEDIATELY PRECEDING TWO PRIMARY
ELECTIONS AS REPORTED IN THE INITIAL FILING  PERIOD  SUBSEQUENT  TO  THE
PRIMARY  ELECTION  FOR  THE  RESPECTIVE OFFICES OF GOVERNOR, STATE COMP-
TROLLER, ATTORNEY GENERAL, STATE SENATE AND STATE ASSEMBLY.
  C. FOR CONTESTED GENERAL ELECTIONS, THE AMOUNT OF REVENUES DISTRIBUTED
IS THE AVERAGE AMOUNT OF CAMPAIGN EXPENDITURES MADE  BY  EACH  CANDIDATE
DURING  ALL CONTESTED GENERAL ELECTION RACES FOR THE IMMEDIATELY PRECED-
ING TWO GENERAL ELECTIONS AS  REPORTED  IN  THE  INITIAL  FILING  PERIOD
SUBSEQUENT  TO THE GENERAL ELECTION FOR THE RESPECTIVE OFFICES OF GOVER-
NOR, STATE SENATE AND STATE ASSEMBLY.
  D. REVENUES MAY NOT BE DISTRIBUTED FOR UNCONTESTED GENERAL ELECTIONS.
  IF THE IMMEDIATELY PRECEDING TWO ELECTION CYCLES DO NOT CONTAIN SUFFI-
CIENT ELECTORAL DATA, THE COMMISSION SHALL USE INFORMATION FROM THE MOST
RECENT APPLICABLE ELECTIONS.  FOR ONLY THE  INITIAL  COMPUTATIONS  UNDER
PARAGRAPHS  A,  B  AND  C OF THIS SUBDIVISION THAT ARE CONDUCTED BY JULY

A. 8071                             5

FIRST, TWO THOUSAND TWELVE, THE COMMISSION SHALL REDUCE THE  AMOUNTS  TO
BE DISTRIBUTED BY TWENTY-FIVE PERCENT.
  9.  MATCHING  FUNDS.    WHEN  ANY CAMPAIGN, FINANCE OR ELECTION REPORT
SHOWS THAT THE SUM OF A  CANDIDATE'S  EXPENDITURES  OR  OBLIGATIONS,  OR
FUNDS  RAISED OR BORROWED, WHICHEVER IS GREATER, ALONE OR IN CONJUNCTION
WITH INDEPENDENT EXPENDITURES EXCEEDS THE DISTRIBUTION AMOUNT CALCULATED
PURSUANT TO SUBDIVISION EIGHT OF  THIS  SECTION,  THE  COMMISSION  SHALL
ISSUE  IMMEDIATELY TO ANY OPPOSING NEW YORK CLEAN ELECTION ACT CANDIDATE
AN ADDITIONAL AMOUNT EQUIVALENT TO THE REPORTED EXCESS.  MATCHING  FUNDS
ARE  LIMITED  TO TWO TIMES THE AMOUNT ORIGINALLY DISTRIBUTED UNDER PARA-
GRAPH A OR C OF SUBDIVISION EIGHT OF THIS SECTION, WHICHEVER IS APPLICA-
BLE.
  10.  INDEPENDENT CANDIDATES. A CANDIDATE NOMINATED BY  AN  INDEPENDENT
BODY CERTIFIED AS PROVIDED BY THIS SECTION IS ELIGIBLE FOR REVENUES FROM
THE  FUND  IN THE SAME AMOUNTS AS AN UNCONTESTED PRIMARY ELECTION CANDI-
DATE AND A GENERAL ELECTION CANDIDATE AS SPECIFIED IN SUBDIVISIONS SEVEN
AND EIGHT OF THIS SECTION.
  11. OTHER PROCEDURES.  THE COMMISSION SHALL ESTABLISH BY  RULE  PROCE-
DURES  FOR  QUALIFICATION,  CERTIFICATION, DISBURSEMENT OF FUND REVENUES
AND  RETURN  OF  UNSPENT  FUND  REVENUES  FOR  RACES  INVOLVING  SPECIAL
ELECTIONS, RECOUNTS, VACANCIES, WITHDRAWALS OR REPLACEMENT CANDIDATES.
  12.  REPORTING;  UNSPENT REVENUE.  NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, PARTICIPATING AND CERTIFIED CANDIDATES SHALL  REPORT  ANY  MONEY
COLLECTED, ALL CAMPAIGN EXPENDITURES, OBLIGATIONS AND RELATED ACTIVITIES
TO  THE  COMMISSION ACCORDING TO PROCEDURES DEVELOPED BY THE COMMISSION.
UPON THE FILING OF A FINAL REPORT FOR ANY PRIMARY ELECTION IN WHICH  THE
CANDIDATE  WAS  DEFEATED  AND  FOR  ALL GENERAL ELECTIONS THAT CANDIDATE
SHALL RETURN ALL UNSPENT FUND REVENUES TO THE COMMISSION.  IN DEVELOPING
THESE PROCEDURES, THE COMMISSION SHALL UTILIZE EXISTING CAMPAIGN REPORT-
ING PROCEDURES WHENEVER PRACTICABLE.  THE COMMISSION SHALL ENSURE TIMELY
PUBLIC ACCESS TO CAMPAIGN FINANCE DATA AND MAY UTILIZE ELECTRONIC  MEANS
OF REPORTING AND STORING INFORMATION.
  13.  DISTRIBUTIONS  NOT  TO EXCEED AMOUNT IN FUND.  THE COMMISSION MAY
NOT DISTRIBUTE REVENUES TO CERTIFIED CANDIDATES IN EXCESS OF  THE  TOTAL
AMOUNT  OF MONEY DEPOSITED IN THE FUND AS ESTABLISHED IN SECTION NINETY-
NINE-U OF THE STATE FINANCE LAW.  NOTWITHSTANDING ANY  OTHER  PROVISIONS
OF  THIS  ARTICLE, IF THE COMMISSION DETERMINES THAT THE REVENUES IN THE
FUND ARE INSUFFICIENT TO MEET DISTRIBUTIONS UNDER SUBDIVISION  EIGHT  OR
NINE  OF THIS SECTION, THE COMMISSION MAY PERMIT CERTIFIED CANDIDATES TO
ACCEPT AND SPEND CONTRIBUTIONS, REDUCED BY ANY SEED MONEY CONTRIBUTIONS,
AGGREGATING NO MORE THAN FIVE HUNDRED DOLLARS PER DONOR PER ELECTION FOR
GUBERNATORIAL, STATE COMPTROLLER, ATTORNEY GENERAL  CANDIDATES  AND  TWO
HUNDRED  FIFTY DOLLARS PER DONOR PER ELECTION FOR STATE SENATE AND STATE
ASSEMBLY CANDIDATES, UP TO THE APPLICABLE AMOUNTS SET FORTH IN  SUBDIVI-
SIONS  EIGHT  AND NINE OF THIS SECTION ACCORDING TO RULES ADOPTED BY THE
COMMISSION.
  14. APPEALS. A CANDIDATE WHO HAS BEEN DENIED CERTIFICATION  AS  A  NEW
YORK CLEAN ELECTION ACT CANDIDATE OR THE OPPONENT OF A CANDIDATE WHO HAS
BEEN  GRANTED  CERTIFICATION  AS A NEW YORK CLEAN ELECTION ACT CANDIDATE
MAY CHALLENGE A CERTIFICATION DECISION BY THE COMMISSION AS FOLLOWS:
  A. A CHALLENGER MAY APPEAL TO THE FULL COMMISSION WITHIN THREE DAYS OF
THE CERTIFICATION DECISION. THE APPEAL SHALL BE IN WRITING AND SHALL SET
FORTH THE REASONS FOR THE APPEAL.
  B. WITHIN FIVE DAYS AFTER AN APPEAL IS PROPERLY MADE AND AFTER  NOTICE
IS GIVEN TO THE CHALLENGER AND ANY OPPONENT, THE COMMISSION SHALL HOLD A
HEARING.  THE  APPELLANT  HAS THE BURDEN OF PROVIDING EVIDENCE TO DEMON-

A. 8071                             6

STRATE THAT THE COMMISSION DECISION WAS IMPROPER. THE  COMMISSION  SHALL
RULE  ON  THE APPEAL WITHIN THREE DAYS AFTER THE COMPLETION OF THE HEAR-
ING.
  C. A CHALLENGER MAY APPEAL THE DECISION OF THE COMMISSION IN PARAGRAPH
B OF THIS SUBDIVISION BY COMMENCING AN ACTION IN SUPREME COURT.
  D.  A  CANDIDATE  WHOSE  CERTIFICATION BY THE COMMISSION AS A NEW YORK
CLEAN ELECTION ACT CANDIDATE IS REVOKED ON APPEAL  MUST  RETURN  TO  THE
COMMISSION  ANY  UNSPENT  REVENUES  DISTRIBUTED  FROM  THE  FUND. IF THE
COMMISSION OR COURT FIND THAT AN APPEAL WAS MADE FRIVOLOUSLY OR TO CAUSE
DELAY OR HARDSHIP, THE COMMISSION OR COURT MAY REQUIRE THE MOVING  PARTY
TO PAY COSTS OF THE COMMISSION, COURT AND OPPOSING PARTIES, IF ANY.
  S 18-106. COMMISSION TO ADOPT RULES.  THE COMMISSION SHALL ADOPT RULES
TO  ENSURE  EFFECTIVE  ADMINISTRATION  OF THIS ARTICLE. SUCH RULES SHALL
INCLUDE, BUT NOT BE LIMITED  TO,  PROCEDURES  FOR  OBTAINING  QUALIFYING
CONTRIBUTIONS, CERTIFICATION AS A NEW YORK CLEAN ELECTION ACT CANDIDATE,
CIRCUMSTANCES  INVOLVING  SPECIAL  ELECTIONS, VACANCIES, RECOUNTS, WITH-
DRAWALS OR REPLACEMENTS, COLLECTION OF REVENUES FOR THE  FUND,  DISTRIB-
UTION  OF  FUND  REVENUE TO CERTIFIED CANDIDATES, RETURN OF UNSPENT FUND
DISBURSEMENTS AND COMPLIANCE WITH THE NEW YORK CLEAN ELECTION ACT.
  S 18-108. VIOLATIONS. 1. CIVIL  PENALTY.  IN  ADDITION  TO  ANY  OTHER
PENALTIES THAT MAY BE APPLICABLE, A PERSON WHO VIOLATES ANY PROVISION OF
THIS  ARTICLE  IS  SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND
DOLLARS PER VIOLATION PAYABLE TO THE FUND. THIS PENALTY  IS  RECOVERABLE
IN  A  CIVIL  ACTION.   IN ADDITION TO ANY FINE, FOR GOOD CAUSE SHOWN, A
CANDIDATE FOUND IN VIOLATION OF THIS ARTICLE MAY BE REQUIRED  TO  RETURN
TO  THE  FUND ALL AMOUNTS DISTRIBUTED TO THE CANDIDATE FROM THE FUND. IF
THE COMMISSION MAKES A DETERMINATION THAT A VIOLATION  OF  THIS  ARTICLE
HAS OCCURRED, THE COMMISSION SHALL ASSESS A FINE OR TRANSMIT THE FINDING
TO  THE  ATTORNEY GENERAL FOR PROSECUTION. FINES PAID UNDER THIS SECTION
SHALL BE DEPOSITED IN THE FUND. IN DETERMINING WHETHER OR NOT  A  CANDI-
DATE  IS  IN  VIOLATION  OF  THE EXPENDITURE LIMITS OF THIS ARTICLE, THE
COMMISSION MAY CONSIDER AS A MITIGATING FACTOR ANY CIRCUMSTANCES OUT  OF
THE CANDIDATE'S CONTROL.
  2.  CLASS  E FELONY. A PERSON WHO WILLFULLY OR KNOWINGLY VIOLATES THIS
ARTICLE OR RULES OF THE COMMISSION OR WHO WILLFULLY OR KNOWINGLY MAKES A
FALSE STATEMENT IN ANY REPORT REQUIRED BY THIS ARTICLE SHALL  BE  GUILTY
OF  A  CLASS E FELONY AND, IF CERTIFIED AS A NEW YORK CLEAN ELECTION ACT
CANDIDATE, SHALL RETURN TO THE  FUND  ALL  AMOUNTS  DISTRIBUTED  TO  THE
CANDIDATE.
  S  18-110.  STUDY REPORT. ON OR BEFORE JANUARY THIRTIETH, TWO THOUSAND
TWELVE AND EVERY FOUR  YEARS  AFTER  THAT  DATE,  THE  COMMISSION  SHALL
PREPARE  FOR  THE  JOINT  STANDING  COMMITTEE  OF THE LEGISLATURE HAVING
JURISDICTION OVER LEGAL AFFAIRS A  REPORT  DOCUMENTING,  EVALUATING  AND
MAKING  RECOMMENDATIONS  RELATING  TO THE ADMINISTRATION, IMPLEMENTATION
AND ENFORCEMENT OF THE NEW YORK CLEAN ELECTION  ACT  AND  THE  NEW  YORK
CLEAN  ELECTION  FUND,  AS  ESTABLISHED  IN SECTION NINETY-NINE-U OF THE
STATE FINANCE LAW.
  S 3. The state finance law is amended by adding a new section 99-u  to
read as follows:
  S  99-U.  NEW  YORK  CLEAN ELECTION FUND. 1. ESTABLISHED. THE NEW YORK
CLEAN ELECTION FUND  IS  HEREBY  ESTABLISHED  TO  FINANCE  THE  ELECTION
CAMPAIGNS  OF  CERTIFIED  NEW YORK CLEAN ELECTION ACT CANDIDATES RUNNING
FOR GOVERNOR, STATE SENATOR AND STATE ASSEMBLYMAN AND TO PAY ADMINISTRA-
TIVE AND ENFORCEMENT COSTS OF THE STATE  ETHICS  COMMISSION  RELATED  TO
ARTICLE  EIGHTEEN OF THE ELECTION LAW.  THE FUND IS A SPECIAL, DEDICATED

A. 8071                             7

FUND AND ANY INTEREST GENERATED BY THE FUND IS CREDITED TO THE FUND. THE
STATE ETHICS COMMISSION SHALL ADMINISTER THE FUND.
  2. SOURCES OF FUNDING. THE FOLLOWING SHALL BE DEPOSITED IN THE FUND:
  A. THE QUALIFYING CONTRIBUTIONS REQUIRED PURSUANT TO SECTION 18-104 OF
THE  ELECTION  LAW  WHEN  THOSE CONTRIBUTIONS ARE SUBMITTED TO THE STATE
ETHICS COMMISSION;
  B. TWO MILLION DOLLARS, TRANSFERRED TO THE FUND BY THE COMMISSIONER OF
TAXATION AND FINANCE ON OR BEFORE JANUARY FIRST OF EACH YEAR,  BEGINNING
JANUARY FIRST, TWO THOUSAND TWELVE. THESE REVENUES SHALL BE OFFSET IN AN
EQUITABLE  MANNER  BY  AN EQUIVALENT REDUCTION WITHIN THE ADMINISTRATIVE
DIVISIONS OF THE LEGISLATIVE BRANCH AND EXECUTIVE BRANCH AGENCIES;
  C. REVENUE FROM A TAX CHECKOFF PROGRAM  ALLOWING  A  RESIDENT  OF  THE
STATE  WHO  FILES  A  STATE  INCOME  TAX  RETURN TO DESIGNATE THAT THREE
DOLLARS BE PAID INTO THE FUND. IF  A  HUSBAND  AND  WIFE  FILE  A  JOINT
RETURN,  EACH  SPOUSE  MAY  DESIGNATE  THAT  THREE  DOLLARS BE PAID. THE
COMMISSIONER OF TAXATION AND FINANCE SHALL REPORT ANNUALLY  THE  AMOUNTS
DESIGNATED  FOR  THE  FUND  TO THE STATE COMPTROLLER, WHO SHALL TRANSFER
THAT AMOUNT TO THE FUND;
  D. SEED MONEY CONTRIBUTIONS REMAINING UNSPENT AFTER  A  CANDIDATE  HAS
BEEN CERTIFIED AS A NEW YORK CLEAN ELECTION ACT CANDIDATE;
  E.  FUND  REVENUES  THAT WERE DISTRIBUTED TO A NEW YORK CLEAN ELECTION
ACT CANDIDATE AND THAT REMAIN UNSPENT AFTER THE  CANDIDATE  HAS  LOST  A
PRIMARY ELECTION OR AFTER ALL GENERAL ELECTIONS;
  F.  OTHER  UNSPENT  FUND  REVENUES  DISTRIBUTED  TO ANY NEW YORK CLEAN
ELECTION ACT CANDIDATE WHO DOES NOT  REMAIN  A  CANDIDATE  THROUGHOUT  A
PRIMARY OR GENERAL ELECTION CYCLE;
  G. VOLUNTARY DONATIONS MADE DIRECTLY TO THE FUND; AND
  H. FINES COLLECTED PURSUANT TO SECTION 18-108 OF THE ELECTION LAW.
  3.  DETERMINATION  OF  FUND  AMOUNT. BY SEPTEMBER FIRST PRECEDING EACH
ELECTION YEAR, THE STATE ETHICS COMMISSION SHALL PUBLISH AN ESTIMATE  OF
REVENUE  IN  THE FUND AVAILABLE FOR DISTRIBUTION TO CERTIFIED CANDIDATES
DURING THE UPCOMING YEAR'S ELECTIONS.
  S 4. This act shall take effect immediately.