Senate Bill S839

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

                                   839

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Elections

AN ACT to amend the election law, in relation to enacting the "2013 Fair
  Elections Act"; to amend the election law, the state finance  law  and
  the  tax  law,  in  relation  to providing for optional partial public
  financing of certain election campaigns in this state;  and  to  amend
  the general business law, in relation to additional surcharges

  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 "2013 Fair Elections Act".
  S  2.  Legislative findings and declaration.  The legislature declares
that it is in the public interest to create and ensure a truly democrat-
ic political system in which citizens,  irrespective  of  their  income,
status,  or financial connections, are enabled and encouraged to compete
for public office. Therefore, the  legislature  finds  it  necessary  to
establish  a system of public financing for all qualified candidates for
state elective offices and constitutional convention delegates.
  S 2-a.  Sections  14-100,  14-102,  14-104,  14-106,  14-108,  14-110,
14-112,  14-114, 14-116, 14-118, 14-120, 14-122, 14-124, 14-126, 14-127,
14-128 and 14-130 of the election law are designated title 1 and  a  new
title heading is added to read as follows:
                    RECEIPTS AND EXPENDITURES; GENERAL
  S 3. Article 14 of the election law is amended by adding a new title 2
to read as follows:
                                 TITLE II
                            PUBLIC FINANCING
SECTION 14-200. DEFINITIONS.
        14-202. REPORTING REQUIREMENTS.
        14-203. ELIGIBILITY.

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

                                                           LBD02247-01-3

S. 839                              2

        14-204. QUALIFIED CAMPAIGN EXPENDITURES.
        14-206. OPTIONAL PUBLIC FINANCING.
        14-208. CONTRIBUTION AND RECEIPT LIMITATIONS.
        14-210. LIMITATIONS ON THE RECEIPT OF PUBLIC FUNDS.
        14-212. CAMPAIGN FINANCE BOARD; GENERAL POWERS AND DUTIES.
        14-214. EXAMINATIONS AND AUDITS.
        14-216. CIVIL ENFORCEMENT.
        14-218. CRIMINAL PENALTIES.
        14-220. REPORTS.
        14-222. DEBATES.
        14-224. DISTRIBUTIONS FROM CAMPAIGN FINANCE FUND.
  S  14-200.  DEFINITIONS. AS USED IN THIS TITLE, UNLESS ANOTHER MEANING
IS CLEARLY INDICATED:
  1. THE TERM "BOARD"  OR  "CAMPAIGN  FINANCE  BOARD"  MEANS  THE  BOARD
CREATED  BY  SECTION  14-212  OF  THIS  TITLE TO ADMINISTER THE CAMPAIGN
FINANCE FUND.
  2. THE TERM "ELIGIBLE CANDIDATE" SHALL MEAN A CANDIDATE FOR NOMINATION
OR ELECTION TO ANY OF THE  OFFICES  OF  GOVERNOR,  LIEUTENANT  GOVERNOR,
COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE STATE LEGISLATURE, AT-LARGE
DELEGATE  TO  A  CONSTITUTIONAL  CONVENTION  OR  DISTRICT  DELEGATE TO A
CONSTITUTIONAL CONVENTION.
  3. THE TERM "PARTICIPATING COMMITTEE" SHALL MEAN A  SINGLE  AUTHORIZED
POLITICAL  COMMITTEE  WHICH  A CANDIDATE CERTIFIES IS THE COMMITTEE THAT
WILL SOLELY BE USED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM ESTAB-
LISHED BY THIS TITLE AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMA-
RY, GENERAL OR SPECIAL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT.  A
MULTI-CANDIDATE COMMITTEE MAY NOT BE A PARTICIPATING COMMITTEE.
  4. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN A  CANDIDATE  WHO  IS
ELIGIBLE  TO  PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEM ESTAB-
LISHED BY THIS TITLE, HAS MET THE  THRESHOLD  FOR  ELIGIBILITY  AND  HAS
ELECTED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM.
  5.  THE  TERM  "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR
ANY OFFICE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING UNDER THIS TITLE FOR A
COVERED ELECTION WHO FAILS TO FILE A STATEMENT IN THE FORM OF AN AFFIDA-
VIT PURSUANT TO SECTION 14-206 OF THIS TITLE.
  6. THE TERM "MATCHABLE CONTRIBUTIONS" SHALL MEAN THAT PORTION  OF  THE
AGGREGATE  CONTRIBUTIONS  MADE  (A)  IN THE CASE OF A PRIMARY OR GENERAL
ELECTION, AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY OR GENER-
AL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT OR (B) IN THE CASE OF A
SPECIAL ELECTION, WITHIN SIX MONTHS OF SUCH ELECTION BY NATURAL  PERSONS
RESIDENT  IN  THE  STATE  OF  NEW  YORK TO A CANDIDATE FOR NOMINATION OR
ELECTION TO ANY OF THE OFFICES COVERED BY THE PROVISIONS OF  THIS  TITLE
WHICH  DO NOT EXCEED TWO HUNDRED FIFTY DOLLARS, WHICH HAVE BEEN REPORTED
IN FULL BY THE  CANDIDATE'S  PARTICIPATING  COMMITTEE  TO  THE  CAMPAIGN
FINANCE  BOARD,  INCLUDING  THE  CONTRIBUTOR'S FULL NAME AND RESIDENTIAL
ADDRESS. "MATCHABLE CONTRIBUTIONS" SHALL BE THE NET AMOUNT OF ANY  MONE-
TARY  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 CONTRIB-
UTIONS 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 MAY NOT BE TREATED AS A  MATCHABLE
CONTRIBUTION.

S. 839                              3

  7. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE
FOR WHICH PUBLIC FUNDS MAY BE USED.
  8. THE TERM "FUND" SHALL MEAN THE NEW YORK STATE CAMPAIGN FINANCE FUND
CREATED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  9. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF TOTAL
MATCHABLE CONTRIBUTIONS THAT THE PARTICIPATING COMMITTEE OF AN OTHERWISE
ELIGIBLE  CANDIDATE  MUST RECEIVE, AS REQUIRED BY SECTION 14-203 OF THIS
TITLE, IN ORDER TO QUALIFY FOR OPTIONAL  PUBLIC  FINANCING  PURSUANT  TO
THIS TITLE.
  10. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS IN SUBDIVI-
SION NINE OF SECTION 14-100 OF THIS ARTICLE.
  S  14-202.  REPORTING  REQUIREMENTS.  1. EVERY PARTICIPATING CANDIDATE
SHALL NOT DESIGNATE MORE THAN ONE AUTHORIZED COMMITTEE. BEFORE RECEIVING
ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR A COVERED ELECTION,  EACH
PARTICIPATING  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 EXPENDITURE FOR A COVERED ELECTION:
  (A) DESIGNATE A TREASURER; AND
  (B) OBTAIN A TAX  IDENTIFICATION  NUMBER  FROM  THE  INTERNAL  REVENUE
SERVICE.
  2.  DISCLOSURE. (A) EVERY PARTICIPATING CANDIDATE SHALL FILE FINANCIAL
DISCLOSURE REPORTS WITH THE STATE BOARD  OF  ELECTIONS  AS  REQUIRED  BY
TITLE  ONE OF THIS ARTICLE. COPIES OF SUCH REPORTS SHALL ALSO BE SUBMIT-
TED TO THE CAMPAIGN FINANCE BOARD CREATED PURSUANT TO  THIS  ARTICLE  AT
THE SAME TIME SUCH REPORTS ARE FILED WITH THE STATE BOARD OF ELECTIONS.
  (B)  THE  CAMPAIGN  FINANCE  BOARD SHALL REVIEW EACH DISCLOSURE REPORT
FILED WITH THE STATE BOARD OF ELECTIONS PURSUANT TO TITLE  ONE  OF  THIS
ARTICLE  AND SHALL INFORM PARTICIPATING CANDIDATES AND POLITICAL COMMIT-
TEES INCLUDING THE  AUTHORIZED  COMMITTEE,  OF  RELEVANT  QUESTIONS  THE
CAMPAIGN  FINANCE BOARD HAS CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS
OF THIS TITLE AND OF THE RULES ISSUED BY THE CAMPAIGN FINANCE BOARD; AND
(II) QUALIFICATION FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO  THIS
TITLE.  IN  THE  COURSE OF SUCH REVIEW, THE CAMPAIGN FINANCE BOARD SHALL
GIVE  CANDIDATES  AND  POLITICAL  COMMITTEES  INCLUDING  THE  AUTHORIZED
COMMITTEE, 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  CONCERN-
ING  ELIGIBILITY  FOR  RECEIVING  PUBLIC MATCHING FUNDS PURSUANT TO THIS
TITLE. NOTHING IN THIS PARAGRAPH SHALL PRECLUDE THE  BOARD  FROM  SUBSE-
QUENTLY  REVIEWING SUCH A DISCLOSURE REPORT AND TAKING ANY ACTION OTHER-
WISE AUTHORIZED BY THIS TITLE.
  (C) ONLY ITEMIZED CONTRIBUTIONS CONTAINED IN REPORTS  FILED  WITH  THE
STATE  BOARD  OF ELECTIONS SHALL BE ELIGIBLE FOR MATCHING FUNDS PURSUANT
TO THIS TITLE.
  S 14-203. ELIGIBILITY. 1. TO BE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING
UNDER THIS TITLE, A CANDIDATE FOR NOMINATION OR ELECTION MUST:
  (A) MEET ALL THE REQUIREMENTS OF THIS CHAPTER AND OTHER PROVISIONS  OF
LAW TO HAVE HIS OR HER NAME ON THE BALLOT;
  (B)  BE  A  CANDIDATE  FOR  STATEWIDE OFFICE, THE STATE LEGISLATURE OR
DELEGATE TO A CONSTITUTIONAL CONVENTION AT A PRIMARY, GENERAL OR SPECIAL
ELECTION AND MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION
TWO OF THIS SECTION;
  (C) ELECT TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM ESTABLISHED BY
THIS TITLE NOT LATER THAN SEVEN DAYS AFTER THE LAST DAY TO  FILE  DESIG-

S. 839                              4

NATING  PETITIONS  FOR  THE  OFFICE SUCH CANDIDATE IS SEEKING OR, IN THE
CASE OF A SPECIAL ELECTION, NOT LATER THAN THE LAST DAY TO FILE NOMINAT-
ING CERTIFICATES FOR SUCH OFFICE;
  (D)  AGREE  TO  OBTAIN  AND  FURNISH TO THE CAMPAIGN FINANCE 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 BOARD;
  (E)  HAVE  A  SINGLE  AUTHORIZED  POLITICAL  COMMITTEE WHICH HE OR SHE
CERTIFIES AS THE PARTICIPATING COMMITTEE FOR THE PURPOSES OF THIS TITLE;
AND
  (F) AGREE TO IDENTIFY ACCURATELY IN ALL CAMPAIGN MATERIALS THE  PERSON
OR ENTITY THAT PAID FOR SUCH CAMPAIGN MATERIAL.
  2.  THE THRESHOLD FOR ELIGIBILITY FOR PUBLIC FUNDING FOR CANDIDATES IN
A PRIMARY, GENERAL OR SPECIAL ELECTION FOR THE FOLLOWING  OFFICES  SHALL
BE:
  (A)  GOVERNOR  IN  A  PRIMARY  OR  GENERAL ELECTION. NOT LESS THAN SIX
HUNDRED FIFTY THOUSAND DOLLARS FROM AT LEAST SIX THOUSAND  FIVE  HUNDRED
MATCHABLE  CONTRIBUTIONS  MADE  UP  OF  SUMS  OF UP TO TWO HUNDRED FIFTY
DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
  (B) LIEUTENANT GOVERNOR IN  A  PRIMARY  ELECTION  AND  COMPTROLLER  OR
ATTORNEY  GENERAL  IN  A PRIMARY OR GENERAL ELECTION.  NOT LESS THAN TWO
HUNDRED THOUSAND DOLLARS FROM AT LEAST TWO THOUSAND  MATCHABLE  CONTRIB-
UTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY DOLLARS PER INDIVIDUAL
CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
  (C)  MEMBERS  OF  THE  STATE  SENATE  IN A PRIMARY, GENERAL OR SPECIAL
ELECTION. NOT LESS THAN  TWENTY  THOUSAND  DOLLARS  FROM  AT  LEAST  TWO
HUNDRED  MATCHABLE  CONTRIBUTIONS  MADE  UP OF SUMS OF UP TO TWO HUNDRED
FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW  YORK  STATE
INCLUDING  AT LEAST TEN THOUSAND DOLLARS FROM AT LEAST ONE HUNDRED TWEN-
TY-FIVE INDIVIDUAL CONTRIBUTORS WHO RESIDE IN  THE  SENATE  DISTRICT  IN
WHICH THE SEAT IS TO BE FILLED.
  (D) MEMBERS OF THE ASSEMBLY IN A PRIMARY, GENERAL OR SPECIAL ELECTION.
NOT  LESS  THAN TEN THOUSAND DOLLARS FROM AT LEAST ONE HUNDRED MATCHABLE
CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO  HUNDRED  FIFTY  DOLLARS  PER
INDIVIDUAL  CONTRIBUTOR WHO RESIDES IN NEW YORK STATE INCLUDING AT LEAST
FIVE THOUSAND DOLLARS FROM AT LEAST FIFTY INDIVIDUALS WHO RESIDE IN  THE
ASSEMBLY DISTRICT IN WHICH THE SEAT IS TO BE FILLED.
  (E)  AT-LARGE  DELEGATE TO A CONSTITUTIONAL CONVENTION IN A PRIMARY OR
GENERAL ELECTION. NOT LESS THAN TWENTY THOUSAND DOLLARS  FROM  AT  LEAST
TWO HUNDRED MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED
FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
  (F)  DISTRICT  DELEGATE TO A CONSTITUTIONAL CONVENTION IN A PRIMARY OR
GENERAL ELECTION. NOT LESS THAN FIVE  THOUSAND  DOLLARS  FROM  AT  LEAST
FIFTY MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY
DOLLARS  PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN THE DISTRICT IN WHICH
THE SEAT IS TO BE FILLED.
  3. IN ORDER TO BE ELIGIBLE  TO  RECEIVE  PUBLIC  FUNDS  IN  A  PRIMARY
ELECTION  A  CANDIDATE MUST AGREE, THAT IN THE EVENT SUCH CANDIDATE IS A
CANDIDATE FOR SUCH OFFICE IN THE GENERAL ELECTION  IN  SUCH  YEAR,  THAT
SUCH CANDIDATE WILL BE BOUND BY THE PROVISIONS OF THIS TITLE, INCLUDING,
BUT NOT LIMITED TO, THE PUBLIC FUNDS RECEIPT LIMITS OF THIS TITLE.
  4.  CANDIDATES  WHO ARE CONTESTED IN A PRIMARY ELECTION AND WHO DO NOT
SEEK PUBLIC FUNDS SHALL NOT BE ELIGIBLE FOR PUBLIC FUNDS FOR THE GENERAL
ELECTION IN THAT YEAR. THE PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT
APPLY TO CANDIDATES FOR THE OFFICE OF LIEUTENANT GOVERNOR.

S. 839                              5

  5. CANDIDATES WHO ARE UNOPPOSED IN A GENERAL OR SPECIAL ELECTION SHALL
NOT BE ELIGIBLE TO RECEIVE PUBLIC FUNDS.
  6.  NO  CANDIDATE  FOR  ELECTION TO AN OFFICE IN A PRIMARY, GENERAL OR
SPECIAL ELECTION WHO HAS ELECTED TO PARTICIPATE IN THE PUBLIC  FINANCING
SYSTEM  SHALL BE DEEMED OPPOSED AND RECEIVE PUBLIC FUNDS UNLESS THERE IS
AT LEAST ONE OTHER CANDIDATE FOR SUCH OFFICE IN SUCH ELECTION  AND  SUCH
OTHER  CANDIDATE RAISES AT LEAST TEN PERCENT OF THE PARTICIPATING CANDI-
DATE'S PRIMARY RECEIPT LIMIT.
  S 14-204. QUALIFIED CAMPAIGN EXPENDITURES. 1.  PUBLIC  FUNDS  PROVIDED
UNDER  THE PROVISIONS OF THIS TITLE MAY ONLY BE USED FOR EXPENDITURES BY
THE PARTICIPATING COMMITTEE AUTHORIZED BY THE CANDIDATE TO MAKE EXPENDI-
TURES ON SUCH CANDIDATE'S BEHALF, TO FURTHER THE CANDIDATE'S  NOMINATION
OR  ELECTION  AFTER  JANUARY  FIRST  OF THE YEAR IN WHICH THE PRIMARY OR
GENERAL ELECTION IS HELD FOR THE OFFICE SOUGHT, FOR SERVICES, MATERIALS,
FACILITIES OR OTHER THINGS OF VALUE USED DURING THAT CAMPAIGN CYCLE  OR,
IN  THE  CASE  OF A SPECIAL ELECTION, FOR EXPENDITURES DURING THE PERIOD
COMMENCING THREE MONTHS BEFORE AND ENDING ONE MONTH AFTER  SUCH  SPECIAL
ELECTION.
  2. SUCH PUBLIC FUNDS MAY NOT BE USED FOR:
  (A)  AN EXPENDITURE IN VIOLATION OF ANY LAW OF THE UNITED STATES OR OF
THIS STATE;
  (B) PAYMENTS OR ANYTHING OF VALUE GIVEN OR MADE TO  THE  CANDIDATE,  A
RELATIVE  OF  THE  CANDIDATE,  OR TO A BUSINESS ENTITY IN WHICH ANY SUCH
PERSON HAS A TEN PERCENT OR GREATER OWNERSHIP INTEREST OR OF  WHICH  ANY
SUCH PERSON IS AN OFFICER, DIRECTOR OR EMPLOYEE;
  (C) PAYMENT IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES, MATERIALS,
FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
  (D)  ANY  EXPENDITURE  MADE  AFTER THE PARTICIPATING CANDIDATE, OR THE
ONLY REMAINING OPPONENT OF SUCH CANDIDATE, HAS BEEN DISQUALIFIED OR  HAD
SUCH CANDIDATE'S PETITIONS DECLARED INVALID BY A BOARD OF ELECTIONS OR A
COURT  OF  COMPETENT  JURISDICTION  UNTIL  AND  UNLESS  SUCH  FINDING IS
REVERSED BY A HIGHER AUTHORITY.
  (E) ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION  OF
DESIGNATION  OR NOMINATION OR ANY CERTIFICATE OF NOMINATION, ACCEPTANCE,
AUTHORIZATION, DECLINATION OR SUBSTITUTION;
  (F) EXPENDITURE FOR NONCAMPAIGN RELATED FOOD, DRINK OR  ENTERTAINMENT;
AND
  (G) GIFTS.
  S  14-206.  OPTIONAL PUBLIC FINANCING. 1. PARTICIPATING CANDIDATES FOR
NOMINATION OR ELECTION IN PRIMARY, GENERAL  AND  SPECIAL  ELECTIONS  MAY
OBTAIN PAYMENT TO A PARTICIPATING COMMITTEE FROM PUBLIC FUNDS FOR QUALI-
FIED  CAMPAIGN  EXPENDITURES.  NO  SUCH  PUBLIC FUNDS SHALL BE PAID TO A
PARTICIPATING COMMITTEE UNTIL THE CANDIDATE HAS QUALIFIED TO  APPEAR  ON
THE  BALLOT  AND FILED A SWORN STATEMENT WITH THE CAMPAIGN FINANCE BOARD
ELECTING TO PARTICIPATE IN THE  OPTIONAL  PUBLIC  FINANCING  SYSTEM  AND
AGREEING TO ABIDE BY THE REQUIREMENTS OF THIS TITLE.  PAYMENTS SHALL NOT
EXCEED  THE  AMOUNTS  SPECIFIED IN THIS TITLE, AND SHALL BE MADE ONLY IN
ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. SUCH PAYMENTS MAY ONLY  BE
MADE  TO  A PARTICIPATING CANDIDATE'S PARTICIPATING COMMITTEE. NO PUBLIC
FUNDS SHALL BE USED EXCEPT AS REIMBURSEMENT  OR  PAYMENT  FOR  QUALIFIED
CAMPAIGN  EXPENDITURES  ACTUALLY AND LAWFULLY INCURRED OR TO REPAY LOANS
USED TO PAY QUALIFIED CAMPAIGN EXPENDITURES.
  2. THE PARTICIPATING COMMITTEE OF EACH PARTICIPATING  CANDIDATE  SHALL
BE ENTITLED TO SIX DOLLARS IN PUBLIC FUNDS FOR EACH ONE DOLLAR OF MATCH-
ABLE  CONTRIBUTIONS  OBTAINED AND REPORTED TO THE CAMPAIGN FINANCE BOARD

S. 839                              6

IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE, PROVIDED, HOWEVER, SUCH
PUBLIC FUNDS SHALL ONLY BE USED FOR QUALIFIED CAMPAIGN EXPENDITURES.
  3.  (A) NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS
UNOPPOSED IN A PRIMARY ELECTION SHALL BE ENTITLED TO  PAYMENT  FROM  THE
FUND FOR QUALIFIED CAMPAIGN EXPENDITURES.
  (B)  WHERE THERE IS A CONTEST IN SUCH PRIMARY FOR THE NOMINATION OF AT
LEAST ONE OTHER PARTY FOR SUCH OFFICE, THE PARTICIPATING COMMITTEE OF AN
UNOPPOSED PARTICIPATING CANDIDATE FOR NOMINATION MAY RAISE AND SPEND  AN
AMOUNT EQUAL TO ONE-HALF THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE,
AS  FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
FUNDS, WITH CONTRIBUTIONS OF UP TO TWO THOUSAND DOLLARS PER CONTRIBUTOR.
SUCH PAYMENT CAN ONLY BE EXPENDED FOR PROPERTY, SERVICES  OR  FACILITIES
USED ON OR BEFORE THE DATE OF SUCH PRIMARY ELECTION.
  4.  THE  CAMPAIGN  FINANCE BOARD SHALL PROMPTLY EXAMINE ALL REPORTS OF
CONTRIBUTIONS TO  DETERMINE  WHETHER,  ON  THEIR  FACE,  THEY  MEET  THE
REQUIREMENTS  FOR  MATCHABLE  CONTRIBUTIONS,  AND SHALL KEEP A RECORD OF
SUCH CONTRIBUTIONS.
  5. THE CAMPAIGN FINANCE BOARD SHALL  PROMULGATE  REGULATIONS  FOR  THE
CERTIFICATION  OF  THE  AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER, FROM
THE FUND ESTABLISHED PURSUANT  TO  SECTION  NINETY-TWO-T  OF  THE  STATE
FINANCE  LAW, TO A PARTICIPATING CANDIDATE THAT HAS QUALIFIED TO RECEIVE
SUCH PAYMENT. THESE  REGULATIONS  SHALL  INCLUDE  THE  PROMULGATION  AND
DISTRIBUTION  OF FORMS ON WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO BE
REPORTED, THE PERIODS DURING WHICH SUCH REPORTS MUST BE  FILED  AND  THE
VERIFICATION  REQUIRED.  THE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL
MAKE POSSIBLE PAYMENT BY THE FUND WITHIN TWO BUSINESS DAYS AFTER RECEIPT
OF THE REQUIRED FORMS AND VERIFICATIONS.
  S 14-208. CONTRIBUTION AND RECEIPT LIMITATIONS. 1.   IN  ANY  PRIMARY,
SPECIAL  OR GENERAL ELECTION FOR ANY STATEWIDE OFFICE, STATE LEGISLATIVE
OFFICE OR CONSTITUTIONAL CONVENTION DELEGATE NO CONTRIBUTOR MAY  MAKE  A
CONTRIBUTION  TO ANY PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S PARTIC-
IPATING COMMITTEE,  AND  NO  PARTICIPATING  CANDIDATE  OR  PARTICIPATING
COMMITTEE MAY ACCEPT ANY CONTRIBUTION FROM ANY CONTRIBUTOR WHICH, IN THE
AGGREGATE AMOUNT, IS GREATER THAN TWO THOUSAND DOLLARS.
  2.  (A) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE
AS FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT  PUBLIC
FUNDS,  A PARTICIPATING CANDIDATE FOR GOVERNOR OR LIEUTENANT GOVERNOR IN
A PRIMARY OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING  COMMIT-
TEE  MAY  ACCEPT  FROM A STATE CONSTITUTED COMMITTEE WHICH HAS NOMINATED
SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE,  DOES  NOT
EXCEED  TWO  MILLION  FIVE  HUNDRED THOUSAND DOLLARS; PROVIDED, HOWEVER,
THAT TWENTY-FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A
TRANSFER.
  (B) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE  AS
FIXED  BY  THIS  TITLE  FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
FUNDS, A PARTICIPATING CANDIDATE FOR ATTORNEY GENERAL OR COMPTROLLER  IN
A  PRIMARY OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING COMMIT-
TEE MAY ACCEPT FROM A STATE CONSTITUTED COMMITTEE  WHICH  HAS  NOMINATED
SUCH  CANDIDATE  SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT
EXCEED ONE MILLION DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE  PERCENT
OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (C)  NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS
FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE  ELECTED  TO  ACCEPT  PUBLIC
FUNDS, A PARTICIPATING CANDIDATE FOR STATE SENATOR IN A PRIMARY, GENERAL
OR  SPECIAL  ELECTION  OR  SUCH  CANDIDATE'S PARTICIPATING COMMITTEE MAY
ACCEPT FROM A STATE  CONSTITUTED  COMMITTEE  WHICH  HAS  NOMINATED  SUCH

S. 839                              7

CANDIDATE  SERVICES  IN    AN  AMOUNT  WHICH, IN THE AGGREGATE, DOES NOT
EXCEED ONE HUNDRED THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE
PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (D)  NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS
FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE  ELECTED  TO  ACCEPT  PUBLIC
FUNDS,  A PARTICIPATING CANDIDATE FOR MEMBER OF THE ASSEMBLY IN A PRIMA-
RY, GENERAL  OR  SPECIAL  ELECTION  OR  SUCH  CANDIDATE'S  PARTICIPATING
COMMITTEE  MAY ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS NOMI-
NATED SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES
NOT EXCEED FIFTY THOUSAND DOLLARS; PROVIDED, HOWEVER,  THAT  TWENTY-FIVE
PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (E)  NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS
FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE  ELECTED  TO  ACCEPT  PUBLIC
FUNDS,  A  PARTICIPATING  CANDIDATE FOR DELEGATE AT-LARGE TO A CONSTITU-
TIONAL CONVENTION IN A GENERAL ELECTION OR SUCH CANDIDATE'S  PARTICIPAT-
ING  COMMITTEE  MAY  ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS
NOMINATED SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE  AGGREGATE,
DOES  NOT EXCEED FIFTY THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-
FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (F) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE  AS
FIXED  BY  THIS  TITLE  FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
FUNDS, A PARTICIPATING CANDIDATE FOR DISTRICT DELEGATE  TO  A  CONSTITU-
TIONAL  CONVENTION IN A GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPAT-
ING COMMITTEE MAY ACCEPT FROM A STATE CONSTITUTED  COMMITTEE  WHICH  HAS
NOMINATED  SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE,
DOES  NOT  EXCEED  TEN  THOUSAND  DOLLARS;   PROVIDED,   HOWEVER,   THAT
TWENTY-FIVE  PERCENT  OF  SUCH  AMOUNT  MAY BE ACCEPTED IN THE FORM OF A
TRANSFER.
  (G) FOR PURPOSES OF  THIS  SUBDIVISION,  THE  TERM  STATE  CONSTITUTED
COMMITTEE INCLUDES ANY OF ITS SUBCOMMITTEES.
  3. NOTWITHSTANDING ANY PUBLIC FUNDS RECEIPT LIMIT IN THIS SUBDIVISION,
EACH  COUNTY  COMMITTEE  OF  ANY  PARTY  WHICH NOMINATES A CANDIDATE FOR
STATEWIDE OFFICE OR STATE LEGISLATIVE OFFICE, INCLUDING WITHIN THE  TERM
COUNTY COMMITTEE ANY OF ITS SUBCOMMITTEES, MAY EXPEND IN SUPPORT OF SUCH
PARTY'S  CANDIDATES FOR STATEWIDE OFFICE OR STATE LEGISLATIVE OFFICE WHO
HAS AGREED TO ACCEPT PUBLIC FINANCING, AN AMOUNT WHICH SHALL NOT  EXCEED
THE  SUM OF TWO CENTS FOR EACH VOTER REGISTERED IN SUCH COUNTY AS DETER-
MINED BY THE RECORDS OF THE APPROPRIATE BOARD OF  ELECTIONS  AS  OF  THE
PRECEDING GENERAL ELECTION.
  4.  IN  COMPUTING  THE  AGGREGATE AMOUNT EXPENDED FOR PURPOSES OF THIS
SECTION, EXPENDITURES MADE BY A STATE CONSTITUTED 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 CAMPAIGN FINANCE BOARD OR, IN  THE  ABSENCE  OF  SUCH
OFFICIAL  FORMULAS,  IN  ACCORDANCE WITH A FORMULA BASED UPON REASONABLE
STANDARDS. THE STATEMENTS FILED BY SUCH CONSTITUTED COMMITTEE IN ACCORD-
ANCE WITH THIS CHAPTER SHALL SET FORTH, IN ADDITION TO THE OTHER  INFOR-
MATION  REQUIRED,  THE  TOTAL  AMOUNT EXPENDED BY THE PARTY COMMITTEE ON
BEHALF OF ALL SUCH CANDIDATES AND THE AMOUNT ALLOCATED TO EACH CANDIDATE
BY DOLLAR AMOUNT AND PERCENTAGE.  EXPENDITURES BY A PARTY FOR ACTIVITIES
WHICH DO NOT SUPPORT OR OPPOSE THE ELECTION OF ANY CANDIDATE  OR  CANDI-
DATES  BY  NAME  OR BY CLEAR INFERENCE SHALL NOT BE REGARDED AS EXPENDI-
TURES ON BEHALF OF OR IN OPPOSITION TO A CANDIDATE.
  5. A PARTICIPATING CANDIDATE FOR A  PUBLIC  OFFICE  FOR  WHICH  PUBLIC
FUNDS ARE AVAILABLE PURSUANT TO THIS TITLE SHALL NOT ACCEPT ANY CONTRIB-
UTIONS  ANY EARLIER THAN ONE DAY AFTER THE PREVIOUS GENERAL ELECTION FOR

S. 839                              8

THE OFFICE WHICH SUCH CANDIDATE IS SEEKING, OR ANY LATER THAN THE DAY OF
THE GENERAL ELECTION FOR THE OFFICE SOUGHT, EXCEPT THAT A  PARTICIPATING
CANDIDATE  OR  PARTICIPATING COMMITTEE WHICH HAS A DEFICIT ON THE DAY OF
THE GENERAL ELECTION MAY, AFTER SUCH DATE, ACCEPT CONTRIBUTIONS WHICH DO
NOT EXCEED THE AMOUNT OF SUCH DEFICIT AND THE EXPENSES INCURRED IN RAIS-
ING SUCH CONTRIBUTIONS OR THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED
BY  THIS  TITLE  FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS.
CONTRIBUTIONS TO A PARTICIPATING CANDIDATE  OR  PARTICIPATING  COMMITTEE
WHICH  WERE  RECEIVED BEFORE THE EFFECTIVE DATE OF THIS TITLE MAY NOT BE
EXPENDED IN ANY ELECTION FOR ANY SUCH OFFICE.
  6. EXCEPT FOR THE LIMITATIONS SPECIFICALLY SET FORTH IN THIS  SECTION,
PARTICIPATING  CANDIDATES  SHALL  BE  SUBJECT  TO THE PROVISIONS OF THIS
ARTICLE.
  S 14-210. LIMITATIONS ON THE RECEIPT OF PUBLIC FUNDS.   THE  FOLLOWING
LIMITATIONS APPLY TO THE RECEIPT OF PUBLIC FUNDS BY PARTICIPATING CANDI-
DATES  AND  THEIR  PARTICIPATING  COMMITTEES RECEIVING SUCH PUBLIC FUNDS
PURSUANT TO THE PROVISIONS OF THIS TITLE:
  1. IN ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS  BY  PARTICIPATING
CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
  (I) FOR GOVERNOR, THE SUM OF NINE MILLION DOLLARS;
  (II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
OF SIX MILLION DOLLARS;
  (III) FOR SENATOR, THE SUM OF THREE HUNDRED FIFTY THOUSAND DOLLARS;
  (IV) FOR MEMBER OF THE ASSEMBLY, THE SUM OF ONE HUNDRED FIFTY THOUSAND
DOLLARS;
  (V)  FOR  AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION, THE SUM OF
ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS;
  (VI) FOR DISTRICT DELEGATES TO A CONSTITUTIONAL CONVENTION, THE SUM OF
FIFTY THOUSAND DOLLARS.
  2. IN ANY GENERAL OR SPECIAL ELECTION,  RECEIPT  OF  PUBLIC  FUNDS  BY
PARTICIPATING  CANDIDATES FOR THE FOLLOWING OFFICES AND BY THEIR PARTIC-
IPATING COMMITTEES SHALL NOT EXCEED THE FOLLOWING AMOUNTS:
  CANDIDATES FOR ELECTION TO THE OFFICE OF:
  GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED)                $12,000,000
  ATTORNEY GENERAL                                           $8,000,000
  COMPTROLLER                                                $8,000,000
  MEMBER OF SENATE                                           $350,000
  MEMBER OF ASSEMBLY                                         $150,000
  DELEGATE AT-LARGE TO A CONSTITUTIONAL CONVENTION           $350,000
  DISTRICT DELEGATE TO A CONSTITUTIONAL CONVENTION           $75,000
  3. PARTICIPATING CANDIDATES FOR OFFICE WHO ARE UNOPPOSED IN THE PRIMA-
RY ELECTION MAY RECEIVE PUBLIC FUNDS 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 RECEIVE IF THEIR NOMINATION WAS CONTESTED IN SUCH PRIMARY
ELECTION  PROVIDED  THERE  IS A PRIMARY CONTEST FOR THE NOMINATION OF AT
LEAST ONE OTHER PARTY FOR SUCH OFFICE.
  4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  AMOUNT  OF
PRIVATE  FUNDS  A  PARTICIPATING  CANDIDATE  MAY  RECEIVE SUBJECT TO THE
CONTRIBUTION LIMITS CONTAINED IN SECTION 14-208 OF THIS TITLE.
  S 14-212. CAMPAIGN FINANCE BOARD; GENERAL POWERS AND DUTIES. 1.  THERE
SHALL BE A BOARD WITHIN THE  STATE  BOARD  OF  ELECTIONS  KNOWN  AS  THE
"CAMPAIGN  FINANCE  BOARD" COMPOSED OF FIVE MEMBERS, OF WHICH ONE MEMBER
SHALL BE APPOINTED BY THE GOVERNOR AND ONE MEMBER SHALL BE APPOINTED  BY
EACH  LEGISLATIVE  LEADER  OF THE SENATE AND ASSEMBLY.  NO MEMBER OF THE
CAMPAIGN FINANCE BOARD SHALL HOLD ELECTIVE OFFICE, NOR SHALL ANY  MEMBER

S. 839                              9

BE  A  LOBBYIST  AS  DEFINED  IN SUBDIVISION (A) OF SECTION ONE-C OF THE
LEGISLATIVE LAW.  THE  CHAIR  SHALL  BE  RESPONSIBLE  FOR  MANAGING  THE
CAMPAIGN  FINANCE BOARD. THE MEMBERS SHALL EACH SERVE FOR A TERM OF FOUR
YEARS.
  2. EACH MEMBER'S TERM SHALL COMMENCE ON JUNE FIRST, TWO THOUSAND FOUR-
TEEN.  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 CONTRIB-
UTIONS 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 CAMPAIGN FINANCE BOARD.
  3. THE MEMBERS OF THE CAMPAIGN FINANCE  BOARD  SHALL  BE  ENTITLED  TO
RECEIVE  PAYMENT  FOR  ACTUAL  AND  NECESSARY  EXPENSES  INCURRED IN THE
PERFORMANCE OF THEIR DUTIES AS MEMBERS OF SUCH BOARD.
  4.  THE CAMPAIGN FINANCE BOARD MAY EMPLOY OR  SHALL  UTILIZE  EXISTING
STAFF  OF THE STATE BOARD OF ELECTIONS AS MAY BE NECESSARY, INCLUDING AN
EXECUTIVE DIRECTOR  AND  A  COUNSEL,  AND  MAKE  NECESSARY  EXPENDITURES
SUBJECT  TO  APPROPRIATION.  THE  CAMPAIGN FINANCE 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 CAMPAIGN FINANCE 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 CAMPAIGN FINANCE 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 CAMPAIGN FINANCE BOARD
AND ITS ADVISORY OPINIONS, INCLUDING BY PUBLICATION ON ITS WEB SITE;
  (B) DEVELOP A PROGRAM FOR INFORMING AND TRAINING  CANDIDATES  AND  THE
PUBLIC  AS  TO  THE  PURPOSE AND EFFECT OF THE PROVISIONS OF THIS TITLE,
INCLUDING BY MEANS OF A WEB SITE;
  (C) HAVE THE AUTHORITY TO PROMULGATE SUCH RULES  AND  REGULATIONS  AND
PRESCRIBE  SUCH  FORMS AS THE CAMPAIGN FINANCE 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 AND DISTRIBUTIONS OF  MONEYS  FROM  THE  FUND  AND
SHALL  BE  ACCESSIBLE TO THE PUBLIC ON THE STATE BOARD OF ELECTIONS' WEB
SITE.
  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 CAMPAIGN FINANCE 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

S. 839                             10

EACH OF THE TWO POLITICAL PARTIES FOR WHICH THE  HIGHEST  AND  THE  NEXT
HIGHEST NUMBER OF VOTES WERE CAST FOR THE OFFICE OF STATE COMPTROLLER AT
THE LAST PRECEDING GENERAL ELECTION FOR SUCH OFFICE.
  8.  THE  CAMPAIGN  FINANCE BOARD'S ADMINISTRATION OF THE FUND SHALL BE
GOVERNED BY THE PROVISIONS OF THIS TITLE AND SECTION NINETY-TWO-T OF THE
STATE FINANCE LAW.
  9. THE CAMPAIGN FINANCE BOARD AND ITS PROCEEDINGS SHALL BE GOVERNED BY
THE STATE ADMINISTRATIVE PROCEDURE ACT AND SUBJECT TO ARTICLES  SIX  AND
SEVEN OF THE PUBLIC OFFICERS LAW.
  10.  THE  CAMPAIGN  FINANCE  BOARD  MAY TAKE SUCH OTHER ACTIONS AS ARE
NECESSARY AND PROPER TO CARRY OUT THE PURPOSES OF THIS TITLE.
  S 14-214. EXAMINATIONS AND AUDITS. 1. THE CAMPAIGN FINANCE BOARD SHALL
CONDUCT A THOROUGH EXAMINATION AND AUDIT OF THE CONTRIBUTIONS AND QUALI-
FIED CAMPAIGN EXPENSES OF THE PARTICIPATING COMMITTEE OF  EVERY  PARTIC-
IPATING  CANDIDATE  WHO  RECEIVED PAYMENTS PURSUANT TO SECTION 14-206 OF
THIS TITLE.   SUCH AUDITS  SHALL  BE  CONDUCTED  AS  FREQUENTLY  AS  THE
CAMPAIGN  FINANCE  BOARD  DEEMS NECESSARY TO ENSURE COMPLIANCE WITH THIS
TITLE.  EVERY CANDIDATE WHO RECEIVES PUBLIC MATCHING  FUNDS  UNDER  THIS
TITLE SHALL ALSO BE AUDITED BY THE CAMPAIGN FINANCE BOARD POST-ELECTION.
THE  COST  OF COMPLYING WITH A POST-ELECTION AUDIT SHALL BE BORNE BY THE
CANDIDATE'S AUTHORIZED COMMITTEE. A CANDIDATE WHO  HAS  RECEIVED  PUBLIC
MATCHING  FUNDS UNDER THIS TITLE MUST MAINTAIN A RESERVE OF AT LEAST ONE
PERCENT OF THE TOTAL AMOUNT OF MATCHING FUNDS RECEIVED BY SUCH CANDIDATE
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 THE TOTAL AMOUNT OF PUBLIC MATCHING
FUNDS RECEIVED BY SUCH CANDIDATE FOR BOTH HIS OR HER PRIMARY AND GENERAL
ELECTION. A CANDIDATE MAY USE PUBLIC MATCHING FUNDS, PRIVATE FUNDS OR  A
COMBINATION  OF  PUBLIC AND PRIVATE FUNDS TO COMPLY WITH A POST-ELECTION
AUDIT. THE CAMPAIGN FINANCE BOARD SHALL ISSUE TO EACH  CAMPAIGN  AUDITED
THE FINAL POST-ELECTION 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 STATE BOARD OF ELECTIONS' WEB SITE.
  2.  (A)  IF  THE CAMPAIGN FINANCE BOARD DETERMINES THAT ANY PORTION OF
THE PAYMENT MADE TO A PARTICIPATING  COMMITTEE  FROM  THE  FUND  WAS  IN
EXCESS OF THE AGGREGATE AMOUNT OF PAYMENTS TO WHICH SUCH ELIGIBLE CANDI-
DATE  WAS  ENTITLED  PURSUANT  TO SECTION 14-206 OF THIS TITLE, IT SHALL
NOTIFY SUCH COMMITTEE OF THE EXCESS AMOUNT AND SUCH COMMITTEE SHALL  PAY
TO  THE  CAMPAIGN  FINANCE BOARD AN AMOUNT EQUAL TO THE AMOUNT OF EXCESS
PAYMENTS; PROVIDED, HOWEVER, THAT IF THE ERRONEOUS PAYMENT WAS DUE TO AN
ERROR MADE BY THE CAMPAIGN FINANCE BOARD,  THEN  THE  ERRONEOUS  PAYMENT
WILL  BE  OFFSET  AGAINST  ANY FUTURE PAYMENT, IF ANY. THE PARTICIPATING
CANDIDATE AND HIS OR HER PARTICIPATING COMMITTEE SHALL  BE  JOINTLY  AND
SEVERALLY  LIABLE  FOR  ANY REPAYMENTS DUE TO THE CAMPAIGN FINANCE BOARD
FOR DEPOSIT BY SUCH BOARD INTO THE NEW YORK STATE CAMPAIGN FUND.
  (B) IF THE BOARD DETERMINES THAT ANY  AMOUNT  OF  PAYMENT  MADE  TO  A
PARTICIPATING  COMMITTEE  FROM THE FUND WAS USED FOR PURPOSES OTHER THAN
TO DEFRAY QUALIFIED CAMPAIGN EXPENSES, IT SHALL NOTIFY SUCH  PARTICIPAT-
ING  COMMITTEE OF THE AMOUNT DISQUALIFIED AND SUCH PARTICIPATING COMMIT-
TEE SHALL PAY TO THE CAMPAIGN FINANCE BOARD  AN  AMOUNT  EQUAL  TO  SUCH
DISQUALIFIED  AMOUNT.   SUCH MONIES SHALL BE DEPOSITED INTO THE NEW YORK
STATE CAMPAIGN FINANCE FUND CREATED PURSUANT TO SECTION NINETY-TWO-T  OF
THE  STATE  FINANCE  LAW.   THE CANDIDATE AND THE CANDIDATE'S AUTHORIZED
COMMITTEE SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY  REPAYMENTS  DUE
TO THE CAMPAIGN FINANCE BOARD.

S. 839                             11

  (C)  IF THE TOTAL OF CONTRIBUTIONS AND PAYMENTS FROM THE FUND RECEIVED
BY  ANY  PARTICIPATING  CANDIDATE  AND  SUCH  CANDIDATE'S  PARTICIPATING
COMMITTEE,  EXCEEDS THE PUBLIC FUNDING RECEIPT LIMITATION OF SUCH CANDI-
DATE AND COMMITTEE, SUCH CANDIDATE AND COMMITTEE SHALL USE  SUCH  EXCESS
FUNDS TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH COMMITTEE FROM
THE  FUND NOT LATER THAN TEN DAYS AFTER ALL PERMISSIBLE LIABILITIES HAVE
BEEN PAID AND IN ANY EVENT, NOT LATER THAN TWENTY DAYS AFTER THE DATE ON
WHICH THE CAMPAIGN FINANCE BOARD ISSUES ITS FINAL AUDIT REPORT  FOR  THE
PARTICIPATING CANDIDATE'S COMMITTEE; PROVIDED, HOWEVER, THAT ALL UNSPENT
MATCHING  FUNDS  FOR  A PARTICIPATING CANDIDATE SHALL BE IMMEDIATELY DUE
AND PAYABLE TO THE CAMPAIGN FINANCE BOARD FOR DEPOSIT INTO THE NEW  YORK
STATE  CAMPAIGN FINANCE FUND UPON ITS DETERMINATION THAT THE PARTICIPANT
WILLFULLY DELAYED  THE  POST-ELECTION  AUDIT  PROCESS.  A  PARTICIPATING
CANDIDATE  MAY  MAKE  POST-ELECTION EXPENDITURES ONLY FOR ROUTINE ACTIV-
ITIES INVOLVING NOMINAL COSTS ASSOCIATED  WITH  ENDING  A  CAMPAIGN  AND
RESPONDING TO THE POST-ELECTION AUDIT.
  3. IF A COURT OF COMPETENT JURISDICTION DISQUALIFIES A CANDIDATE WHOSE
PARTICIPATING  COMMITTEE  HAS  RECEIVED PUBLIC FUNDS ON THE GROUNDS THAT
SUCH CANDIDATE COMMITTED FRAUDULENT ACTS IN ORDER TO OBTAIN A  PLACE  ON
THE  BALLOT  AND  SUCH  DECISION IS NOT REVERSED BY A HIGHER COURT, SUCH
CANDIDATE AND SUCH CANDIDATE'S PARTICIPATING COMMITTEE SHALL PAY TO  THE
CAMPAIGN  FINANCE  BOARD  AN  AMOUNT  EQUAL TO THE TOTAL OF PUBLIC FUNDS
RECEIVED BY SUCH PARTICIPATING COMMITTEE.
  4. THE BOARD MUST PROVIDE WRITTEN NOTICE OF ALL PAYMENTS  DUE  FROM  A
PARTICIPATING  CANDIDATE  OR SUCH CANDIDATE'S COMMITTEE TO THE BOARD AND
PROVIDE AN OPPORTUNITY FOR THE CANDIDATE OR COMMITTEE TO REBUT, IN WHOLE
OR IN PART, THE ALLEGED AMOUNT DUE. UPON A FINAL  WRITTEN  DETERMINATION
BY  THE  BOARD,  THE AMOUNT DUE SHALL BE PAID TO THE BOARD WITHIN THIRTY
DAYS OF SUCH DETERMINATION.
  5. ALL PAYMENTS RECEIVED BY THE BOARD PURSUANT TO THIS  SECTION  SHALL
BE  DEPOSITED IN THE NEW YORK STATE CAMPAIGN FINANCE FUND ESTABLISHED BY
SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  S 14-216. CIVIL ENFORCEMENT. 1. ANY PERSON OR AUTHORIZED COMMITTEE WHO
KNOWINGLY AND WILFULLY 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. FINES AUTHORIZED UNDER THIS SECTION WILL BE IMPOSED BY THE CAMPAIGN
FINANCE  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 CAMPAIGN FINANCE BOARD. FOR  PURPOSES  OF  CONDUCTING  SUCH
HEARINGS,  THE  CAMPAIGN  FINANCE  BOARD SHALL BE DEEMED TO BE AN AGENCY
WITHIN THE MEANING OF ARTICLE THREE OF THE STATE  ADMINISTRATIVE  PROCE-
DURE  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 AUTHORIZED.
  4. THE CAMPAIGN FINANCE BOARD SHALL PUBLISH  ON  THE  STATE  BOARD  OF
ELECTIONS'  WEB  SITE  THE  FINAL  ORDER ADJUDICATING ANY MATTER BROUGHT
PURSUANT TO THIS SECTION.

S. 839                             12

  5. ALL PAYMENTS RECEIVED BY THE CAMPAIGN  FINANCE  BOARD  PURSUANT  TO
THIS  SECTION  SHALL BE DEPOSITED IN THE NEW YORK STATE CAMPAIGN FINANCE
FUND ESTABLISHED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  S 14-218. 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 AND WILLFULLY MAKES A FALSE STATEMENT OR
KNOWINGLY OMITS A MATERIAL FACT TO THE  CAMPAIGN  FINANCE  BOARD  OR  AN
AUDITOR  DESIGNATED  BY  THE  CAMPAIGN  FINANCE  BOARD  DURING ANY AUDIT
CONDUCTED PURSUANT TO SECTION 14-214 OF THIS TITLE SHALL BE GUILTY OF  A
CLASS E FELONY.
  4.  IN  ADDITION TO ANY OTHER SENTENCE LAWFULLY IMPOSED UPON A FINDING
OF GUILT IN A CRIMINAL PROSECUTION COMMENCED PURSUANT TO THE  PROVISIONS
OF  THIS  SECTION,  THE  COURT  MAY  ORDER  A  DEFENDANT TO REPAY TO THE
CAMPAIGN FINANCE BOARD ANY PUBLIC MATCHING FUNDS OBTAINED AS A RESULT OF
ANY CRIMINAL CONDUCT.
  5. ALL SUCH PROSECUTIONS FOR CRIMINAL ACTS UNDER THIS TITLE  SHALL  BE
PROSECUTED BY THE ATTORNEY GENERAL OF THE STATE OF NEW YORK.
  6.  ANY  AND  ALL FINES IMPOSED PURSUANT TO THIS SECTION SHALL BE MADE
PAYABLE TO THE CAMPAIGN FINANCE BOARD FOR  DEPOSIT  INTO  THE  NEW  YORK
STATE CAMPAIGN FINANCE FUND.
  S 14-220. REPORTS. THE CAMPAIGN FINANCE BOARD SHALL SUBMIT A REPORT TO
THE  GOVERNOR  AND  LEGISLATIVE LEADERS ON OR BEFORE FEBRUARY FIRST, TWO
THOUSAND  SEVENTEEN,  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 CAMPAIGNS FOR
ALL OFFICES COVERED UNDER SECTION 14-203 OF THIS  TITLE,  INCLUDING  ITS
EFFECT  ON  THE  SOURCES  AND AMOUNTS OF PRIVATE FINANCING, THE LEVEL OF
CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE  NUMBER  OF  CANDIDATES,
THE CANDIDATES' 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
CHARGES IN CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY AND LIMITS ON
TOTAL MATCHING FUNDS AS WELL AS INSTITUTING A  PROGRAM  OF  FULL  PUBLIC
CAMPAIGN FINANCING FOR ELECTION FOR ALL STATEWIDE OFFICES; AND
  6.  ANY  OTHER INFORMATION THAT THE CAMPAIGN FINANCE BOARD DEEMS RELE-
VANT.
  S 14-222. DEBATES. THE CAMPAIGN FINANCE BOARD SHALL  PROMULGATE  REGU-
LATIONS  TO  FACILITATE DEBATES AMONG PARTICIPATING CANDIDATES.  PARTIC-
IPATING CANDIDATES ARE REQUIRED TO PARTICIPATE IN AT  LEAST  ONE  DEBATE

S. 839                             13

BEFORE THE PRIMARY ELECTION AND IN AT LEAST ONE DEBATE BEFORE THE GENER-
AL  ELECTION  FOR  WHICH THE CANDIDATE RECEIVES PUBLIC FUNDS, UNLESS THE
PARTICIPATING CANDIDATE IS RUNNING UNOPPOSED. A NONPARTICIPATING  CANDI-
DATE MAY BE A PARTY TO SUCH DEBATES.
  S  14-224.  DISTRIBUTIONS  FROM CAMPAIGN FINANCE FUND. 1. THIS SECTION
GOVERNS THE CAMPAIGN FINANCE BOARD'S DISTRIBUTION   OF  FUNDS  FROM  THE
CAMPAIGN  FINANCE  FUND  CREATED  BY  SECTION  NINETY-TWO-T 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  CAMPAIGN  FINANCE  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
ELECTION FOR THOSE PARTICIPATING CANDIDATES WHO RECEIVED  PUBLIC  MONEYS
SOLELY FOR THE PRIMARY ELECTION.
  6.  (A)  PARTICIPATING  CANDIDATES  SHALL  PAY TO THE CAMPAIGN FINANCE
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
CAMPAIGN FINANCE BOARD ISSUES ITS FINAL AUDIT REPORT FOR THE PARTICIPAT-
ING  CANDIDATE'S  COMMITTEE;  PROVIDED, HOWEVER, THAT ALL UNSPENT PUBLIC
CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE SHALL  BE  IMMEDIATELY  DUE
AND  PAYABLE  TO  THE CAMPAIGN FINANCE BOARD UPON ITS DETERMINATION THAT
THE PARTICIPATING CANDIDATE HAS, WITHOUT JUST CAUSE, DELAYED THE POST-E-
LECTION AUDIT PROCESS. UNSPENT CAMPAIGN FUNDS DETERMINATIONS MADE BY THE
CAMPAIGN FINANCE BOARD SHALL BE BASED  ON  THE  PARTICIPATING  CANDIDATE
COMMITTEE'S  RECEIPTS  AND  EXPENDITURES. THE CAMPAIGN FINANCE 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

S. 839                             14

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.
  7.  ALL MONIES RECEIVED BY THE CAMPAIGN FINANCE BOARD PURSUANT TO THIS
SECTION SHALL BE DEPOSITED INTO THE NEW YORK STATE CAMPAIGN FINANCE FUND
PURSUANT TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  S 4. The election law is amended by adding a  new  section  16-103  to
read as follows:
  S  16-103. PROCEEDINGS AS TO PUBLIC FINANCING. 1. THE DETERMINATION OF
ELIGIBILITY PURSUANT TO SECTION 14-203 OF THIS CHAPTER AND ANY  QUESTION
OR ISSUE RELATING TO PAYMENTS FOR QUALIFIED CAMPAIGN EXPENDITURES PURSU-
ANT  TO  SECTION 14-206 OF THIS CHAPTER MAY BE CONTESTED IN A PROCEEDING
INSTITUTED IN THE SUPREME COURT, ALBANY COUNTY, BY ANY AGGRIEVED  CANDI-
DATE.
  2. A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY OR
PAYMENT  FOR  QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO SECTION 14-206
OF THIS CHAPTER SHALL BE INSTITUTED WITHIN SEVEN DAYS AFTER SUCH  DETER-
MINATION  WAS  MADE. THE CAMPAIGN FINANCE BOARD SHALL BE MADE A PARTY TO
ANY SUCH PROCEEDING.
  3. UPON THE CAMPAIGN FINANCE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE
FROM A PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE  AFTER  THE
ISSUANCE  OF  WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED BY SUBDIVI-
SION FOUR OF SECTION 14-214 OF THIS CHAPTER, SUCH BOARD IS AUTHORIZED TO
INSTITUTE A SPECIAL PROCEEDING OR CIVIL ACTION IN SUPREME COURT,  ALBANY
COUNTY, TO OBTAIN A JUDGMENT FOR ANY AMOUNTS DETERMINED TO BE PAYABLE TO
THE  CAMPAIGN FINANCE BOARD AS A RESULT OF AN EXAMINATION AND AUDIT MADE
PURSUANT TO TITLE II OF ARTICLE FOURTEEN OF THIS CHAPTER.
  4. THE CAMPAIGN FINANCE BOARD IS AUTHORIZED  TO  INSTITUTE  A  SPECIAL
PROCEEDING  OR CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A
JUDGMENT FOR CIVIL PENALTIES DETERMINED TO BE PAYABLE  TO  THE  CAMPAIGN
FINANCE BOARD PURSUANT TO SECTION 14-214 OF THIS CHAPTER.
  S 5. The election law is amended by adding a new section 4-115 to read
as follows:
  S  4-115. NOTICE TO THE STATE BOARD OF ELECTIONS OF CANDIDATES FOR THE
LEGISLATURE. 1. EACH BOARD OF ELECTIONS WITH WHICH PETITIONS  ARE  FILED
FOR MEMBER OF THE STATE LEGISLATURE SHALL, NOT LATER THAN ONE WEEK AFTER
THE  LAST  DAY TO FILE SUCH PETITIONS, SEND NOTICE TO THE STATE BOARD OF
ELECTIONS OF SUCH INFORMATION ABOUT EACH  SUCH  PETITION  AS  THE  STATE
BOARD SHALL REQUIRE.
  2.  EACH  SUCH COUNTY BOARD OF ELECTIONS SHALL, NOT LATER THAN THE DAY
AFTER THE LAST DAY TO FILE A PETITION OR CERTIFICATE OF NOMINATION FOR A
GENERAL OR SPECIAL ELECTION OR A CERTIFICATE OF ACCEPTANCE,  DECLINATION
OR  SUBSTITUTION FOR A GENERAL, PRIMARY OR SPECIAL ELECTION FOR ANY SUCH
OFFICE, SEND TO THE STATE BOARD OF ELECTIONS SUCH INFORMATION ABOUT EACH
SUCH PETITION OR CERTIFICATE AS THE STATE BOARD SHALL REQUIRE.
  3. IF ANY SUCH COUNTY BOARD OF ELECTIONS SHOULD  DISQUALIFY  ANY  SUCH
CANDIDATE  OR RULE THE PETITION OR CERTIFICATE DESIGNATING OR NOMINATING
ANY SUCH CANDIDATE INVALID, IT SHALL FORTHWITH NOTIFY THE STATE BOARD OF
ELECTIONS OF SUCH DECISION.

S. 839                             15

  4. IF ANY SUCH COUNTY BOARD OF ELECTIONS SHALL BE NOTIFIED OF A  DECI-
SION  OF A COURT OF COMPETENT JURISDICTION DISQUALIFYING ANY SUCH CANDI-
DATE OR DECLARING ANY SUCH PETITION INVALID OR REVERSING ANY SUCH  DECI-
SION  BY  SUCH  BOARD  OF  ELECTIONS  OR  ANOTHER  COURT,  SUCH BOARD OF
ELECTIONS  SHALL  FORTHWITH  NOTIFY THE STATE BOARD OF ELECTIONS OF SUCH
DECISION.
  5. THE STATE BOARD OF ELECTIONS MAY PRESCRIBE FORMS  FOR  THE  NOTICES
REQUIRED  BY  THIS  SECTION AND SHALL PRESCRIBE THE MANNER IN WHICH SUCH
NOTICES SHALL BE GIVEN.
  S 6. 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-TWO-T OF THE
STATE FINANCE LAW.
  S 7. The state finance law is amended by adding a new section 92-t  to
read as follows:
  S  92-T.  NEW  YORK  STATE  CAMPAIGN  FINANCE FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE A
SPECIAL FUND TO BE KNOWN AS THE NEW YORK STATE CAMPAIGN FINANCE FUND.
  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 SECTION SIX HUNDRED THIRTY-C 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. MONIES IN THE FUND SHALL BE KEPT
SEPARATE FROM AND NOT COMMINGLED WITH OTHER FUNDS HELD IN THE CUSTODY OF
THE COMMISSIONER OF TAXATION AND FINANCE.
  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 BY THE COMMISSIONER  OF  TAXATION  AND  FINANCE  ON
VOUCHERS CERTIFIED OR APPROVED BY THE CAMPAIGN FINANCE 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 ONE WORKING DAY AFTER A VOUCHER DULY CERTIFIED,
APPROVED AND EXECUTED BY SUCH BOARD OR ITS REPRESENTATIVE  IN  THE  FORM
PRESCRIBED  BY  THE  COMMISSIONER OF TAXATION AND FINANCE IS RECEIVED BY
THE COMMISSIONER OF TAXATION AND FINANCE.
  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 BOARD, ANY SUCH DEFICIENCY SHALL BE
PAID, UPON AUDIT AND WARRANT OF THE STATE COMPTROLLER, FROM FUNDS DEPOS-
ITED IN THE GENERAL FUND OF THE STATE NOT  MORE  THAN  ONE  WORKING  DAY
AFTER SUCH VOUCHER IS RECEIVED BY THE STATE COMPTROLLER.
  5. COMMENCING IN TWO THOUSAND SEVENTEEN, IF THE SURPLUS IN THE FUND ON
APRIL  FIRST  OF  THE  YEAR  AFTER AN ELECTION CYCLE EXCEEDS TWENTY-FIVE

S. 839                             16

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 8. The tax law is amended by adding a new section 630-c to  read  as
follows:
  S 630-C. CONTRIBUTION TO NEW YORK STATE CAMPAIGN FINANCE FUND.  EFFEC-
TIVE  FOR  ANY  TAXABLE  YEAR  COMMENCING ON OR AFTER JANUARY FIRST, TWO
THOUSAND THIRTEEN, AN INDIVIDUAL  IN  ANY  TAXABLE  YEAR  MAY  ELECT  TO
CONTRIBUTE  TO  THE  NEW YORK STATE CAMPAIGN FINANCE FUND. SUCH CONTRIB-
UTION SHALL BE IN THE AMOUNT OF FIVE DOLLARS AND SHALL  NOT  REDUCE  THE
AMOUNT  OF  STATE  TAX  OWED  BY SUCH INDIVIDUAL. THE COMMISSIONER SHALL
INCLUDE SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER  TO
MAKE  SUCH  CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW ALL
REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE NEW
YORK STATE CAMPAIGN FINANCE  FUND  AND  USED  ONLY  FOR  THOSE  PURPOSES
ENUMERATED IN SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  S  9.  Severability.  If any clause, sentence, subdivision, paragraph,
section or part of title II of article 14 of the election law, as  added
by  section  three  of  this  act  be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not  affect,  impair  or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, subdivision, paragraph, section or part thereof
directly  involved  in the controversy in which such judgment shall have
been rendered.
  S 10. This act  shall  take  effect  immediately;  provided,  however,
candidates  for state comptroller will be eligible to participate in the
public financing system beginning with  the  2015  election,  all  state
legislature  candidates  will  be  eligible to participate in the public
financing system beginning with the 2017 election and all  state  candi-
dates  and  constitutional  convention  delegates  will  be  eligible to
participate in the public  financing  system  beginning  with  the  2019
election.