A. 4116 2
eliminate the deleterious influence of large contributions on the poli-
tical process, remove access to wealth as a major determinant of a citi-
zen's influence within the political process, and restore the meaning of
the principle of "one person, one vote." It would also help restore the
rights of all citizens to equal and meaningful participation in the
democratic process.
Instituting a public financing program would restore the free-speech
rights of non-wealthy candidates and voters by providing candidates with
resources with which to communicate ideas with the electorate. Such a
system would thus help enhance the First Amendment rights of the elec-
torate and candidates to be heard in the political process. It would
help restore the core First Amendment value of open and robust debate in
the political process. It would also diminish the electorate's percep-
tion of domination of special interests and strengthen the public's
confidence in the democratic process and institutions. By providing for
public financing, this act also addresses the genuine concern about the
amount of time and effort that a candidate must devote to raising
campaign funds.
S 2. The election law is amended by adding a new article 14-A to read
as follows:
ARTICLE 14-A
CLEAN ELECTION
CAMPAIGN FINANCING
SECTION 14-150. DEFINITIONS.
14-152. ELIGIBILITY AND OTHER REQUIREMENTS.
14-154. QUALIFIED CAMPAIGN EXPENDITURES.
14-156. CAMPAIGN CONTRIBUTIONS.
14-158. OPTIONAL CLEAN ELECTION CAMPAIGN FINANCING.
14-160. RECEIPT AND EXPENDITURE LIMITATIONS; ADDITIONAL FINANC-
ING AND LIMITS.
14-162. POWER OF BOARD OF ELECTIONS.
14-164. NEW YORK STATE CLEAN ELECTION CAMPAIGN FINANCE FUND.
14-166. DISBURSAL OF REVENUE FOR CLEAN ELECTION CAMPAIGN FINANC-
ING.
14-168. EXAMINATIONS AND AUDITS; REPAYMENTS.
14-170. PENALTIES.
14-172. CAMPAIGNS FOR OFFICE NOT SUBJECT TO THIS ARTICLE.
14-174. REPORTS.
14-176. CONSTRUCTION.
14-178. JOINT CAMPAIGN ACTIVITIES.
S 14-150. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. THE TERM "QUALIFIED CANDIDATE" SHALL MEAN ANY CANDIDATE FOR NOMI-
NATION FOR ELECTION, OR ELECTION, TO THE OFFICE OF GOVERNOR, LIEUTENANT
GOVERNOR, COMPTROLLER, ATTORNEY GENERAL, STATE SENATOR, MEMBER OF ASSEM-
BLY OR DISTRICT ATTORNEY WHO QUALIFIES FOR CLEAN ELECTIONS FUNDS BY
COLLECTING THE REQUIRED NUMBER OF QUALIFIED CONTRIBUTIONS AND AGREEING
TO OTHER REQUIREMENTS SPECIFIED HEREIN.
2. THE TERM "PRINCIPAL COMMITTEE" SHALL MEAN THE AUTHORIZED COMMITTEE
DESIGNATED BY A CANDIDATE PURSUANT TO THIS ARTICLE.
3. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE
FOR WHICH CLEAN ELECTION CAMPAIGN FUNDS MAY BE USED.
4. THE TERM "FUND" SHALL MEAN THE NEW YORK STATE CLEAN ELECTION
CAMPAIGN FUND.
5. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE TOTAL AMOUNT OF
QUALIFYING CONTRIBUTIONS THAT A PARTICIPATING CANDIDATE AND THE AUTHOR-
A. 4116 3
IZED COMMITTEES OF SUCH CANDIDATE MUST RECEIVE IN ORDER FOR SUCH CANDI-
DATE TO QUALIFY FOR CLEAN ELECTION FUNDING PURSUANT TO THIS ARTICLE.
6. THE TERM "AUTHORIZED COMMITTEE" SHALL MEAN A POLITICAL COMMITTEE
WHICH HAS BEEN AUTHORIZED BY ONE OR MORE CANDIDATES TO AID OR TAKE PART
IN THE ELECTIONS OF SUCH CANDIDATE OR CANDIDATES AND WHICH HAS FILED A
STATEMENT THAT SUCH CANDIDATE OR CANDIDATES HAVE AUTHORIZED SUCH POLI-
TICAL COMMITTEE PURSUANT TO SECTION 14-112 OF THIS CHAPTER.
7. THE TERM "CONTRIBUTION" SHALL MEAN: (A) ANY GIFT, SUBSCRIPTION,
ADVANCE, OR DEPOSIT OF MONEY OR ANY THING OF VALUE, MADE IN CONNECTION
WITH THE NOMINATION FOR ELECTION, OR ELECTION, OF ANY CANDIDATE; (B) ANY
FUNDS RECEIVED BY A POLITICAL COMMITTEE FROM ANOTHER POLITICAL COMMITTEE
TO THE EXTENT SUCH FUNDS DO NOT CONSTITUTE A TRANSFER; (C) ANY PAYMENT,
BY ANY PERSON OTHER THAN A CANDIDATE OR A POLITICAL COMMITTEE AUTHORIZED
BY THE CANDIDATE, MADE IN CONNECTION WITH THE NOMINATION FOR ELECTION,
OR ELECTION, OF ANY CANDIDATE, 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 CONTRIB-
UTION IF IT IS MADE, TAKEN OR PERFORMED BY A PERSON OR A POLITICAL
COMMITTEE INDEPENDENT OF THE CANDIDATE OR HIS OR HER AGENTS OR POLITICAL
COMMITTEES AUTHORIZED BY SUCH CANDIDATE PURSUANT TO SECTION 14-112 OF
THIS CHAPTER. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "INDEPENDENT OF
THE CANDIDATE OR HIS OR HER AGENTS OR POLITICAL COMMITTEES AUTHORIZED BY
SUCH CANDIDATE PURSUANT TO SECTION 14-112 OF THIS CHAPTER" SHALL MEAN
THAT THE CANDIDATE OR HIS OR HER AGENTS OR POLITICAL COMMITTEES SO
AUTHORIZED BY SUCH CANDIDATE 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, AND
(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.
A LOAN MADE TO A QUALIFIED CANDIDATE OR AN AUTHORIZED COMMITTEE OF
SUCH CANDIDATE OTHER THAN IN THE REGULAR COURSE OF THE LENDER'S BUSINESS
SHALL BE DEEMED, TO THE EXTENT NOT REPAID BY THE DATE OF THE PRIMARY OR
GENERAL ELECTION, AS THE CASE MAY BE, A CONTRIBUTION BY THE LENDER. A
LOAN MADE TO A QUALIFIED CANDIDATE OR AN AUTHORIZED COMMITTEE OF SUCH
CANDIDATE IN THE REGULAR COURSE OF THE LENDER'S BUSINESS SHALL BE
DEEMED, TO THE EXTENT NOT REPAID BY THE DATE OF THE PRIMARY OR GENERAL
ELECTION, AS THE CASE MAY BE, A CONTRIBUTION BY THE OBLIGOR ON THE LOAN
AND BY ANY OTHER PERSON ENDORSING, COSIGNING, GUARANTEEING, COLLATERAL-
IZING OR OTHERWISE PROVIDING SECURITY FOR THE LOAN.
8. THE TERM "QUALIFYING CONTRIBUTION" SHALL MEAN A CONTRIBUTION OF
FIVE DOLLARS PER CONTRIBUTION TO THE CLEAN ELECTION CAMPAIGN FUND AND
WHICH IS COUNTED TOWARD THE AGGREGATE NUMBER OF QUALIFYING CONTRIBUTIONS
NEEDED TO MEET THE THRESHOLD AMOUNT FOR A SPECIFIC OFFICE. A CONTRIB-
UTION SHALL BE DEEMED A QUALIFYING CONTRIBUTION ONLY IF MADE BY CHECK,
MONEY ORDER OR IN CASH AND ONLY IF ACCOMPANIED BY A SIGNED STATEMENT
A. 4116 4
THAT IT IS INTENDED TO BE A CONTRIBUTION TO A CLEAN ELECTION CAMPAIGN
FUND. FOR A CANDIDATE SEEKING THE NOMINATION OF A POLITICAL PARTY, THE
NUMBER OF QUALIFYING CONTRIBUTIONS FROM THE CANDIDATE'S PARTY MUST BE
EQUAL TO FIVE PERCENT OF THE VOTERS REGISTERED IN THAT PARTY IN THAT
DISTRICT OR THE MINIMUM NUMBER OF QUALIFYING CONTRIBUTIONS NEEDED,
WHICHEVER IS LESS.
9. THE TERM "TRANSFER" SHALL MEAN ANY EXCHANGE OF FUNDS OR ANY THING
OF VALUE BETWEEN POLITICAL COMMITTEES AUTHORIZED BY THE SAME CANDIDATE
PURSUANT TO SECTION 14-112 OF THIS CHAPTER AND TAKING PART IN HIS OR HER
CAMPAIGN.
10. THE TERM "COVERED ELECTION" SHALL MEAN ANY PRIMARY ELECTION FOR
NOMINATION, SPECIAL OR GENERAL ELECTION FOR ELECTION FOR THE OFFICE OF
GOVERNOR, LIEUTENANT GOVERNOR, COMPTROLLER, ATTORNEY GENERAL, STATE
SENATOR, MEMBER OF ASSEMBLY OR DISTRICT ATTORNEY.
11. THE TERM "POLITICAL COMMITTEE" SHALL MEAN ANY CORPORATION AIDING
OR PROMOTING AND ANY COMMITTEE, POLITICAL CLUB OR COMBINATION OF ONE OR
MORE PERSONS OPERATING OR COOPERATING TO AID OR TO PROMOTE THE SUCCESS
OR DEFEAT OF A POLITICAL QUESTION OR PRINCIPLE, OR TO AID OR TAKE PART
IN THE ELECTION OR DEFEAT OF A CANDIDATE FOR PUBLIC OFFICE OR TO AID OR
TAKE PART IN THE ELECTION OR DEFEAT OF A CANDIDATE FOR NOMINATION AT A
PRIMARY ELECTION OR CONVENTION, INCLUDING ALL PROCEEDINGS PRIOR TO SUCH
PRIMARY ELECTION, OR OF A CANDIDATE FOR ANY PARTY POSITION VOTED FOR AT
A PRIMARY ELECTION, OR TO AID OR DEFEAT THE NOMINATION BY PETITION OF AN
INDEPENDENT CANDIDATE FOR PUBLIC OFFICE; BUT NOTHING IN THIS ARTICLE
SHALL APPLY TO ANY COMMITTEE OR ORGANIZATION FOR THE DISCUSSION OR
ADVANCEMENT OF POLITICAL QUESTIONS OR PRINCIPLES WITHOUT CONNECTION WITH
ANY VOTE. "POLITICAL COMMITTEE" SHALL INCLUDE ANY PARTY COMMITTEE OR
CONSTITUTED COMMITTEE, AS SUCH COMMITTEES ARE DEFINED IN THIS CHAPTER.
12. THE TERM "INTERMEDIARY" SHALL MEAN AN INDIVIDUAL, CORPORATION,
PARTNERSHIP, POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER ENTITY
WHICH, OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIV-
ERY OR MESSENGER SERVICE, DELIVERS ANY CONTRIBUTION FROM ANOTHER PERSON
OR ENTITY TO A CANDIDATE OR AN AUTHORIZED COMMITTEE. "INTERMEDIARY"
SHALL NOT INCLUDE SPOUSES, PARENTS, CHILDREN OR SIBLINGS OF THE PERSON
MAKING SUCH CONTRIBUTION.
13. THE TERM "ALLOWABLE CONTRIBUTION" SHALL MEAN A SEED MONEY CONTRIB-
UTION OR PERSONAL CONTRIBUTION PERMITTED UNDER THE TERMS OF THIS ARTI-
CLE.
14. THE TERM "SEED MONEY CONTRIBUTION" SHALL MEAN A SINGLE CONTRIB-
UTION FROM A NATURAL PERSON ONLY OF NO MORE THAN ONE HUNDRED DOLLARS PER
CONTRIBUTION, WHICH IS COLLECTED BEFORE THE END OF THE QUALIFYING PERI-
OD. THIS MONEY CAN ONLY BE SPENT FOR START-UP COSTS PRIOR TO QUALIFYING
FOR PUBLIC FINANCING. THE AGGREGATE AMOUNT OF SEED MONEY ALLOWED TO BE
RAISED PER CANDIDATE SHALL BE SET ACCORDING TO THE OFFICE SOUGHT AND
SPECIFIED IN SECTION 14-160 OF THIS ARTICLE.
15. THE TERM "PRIMARY ELECTION CAMPAIGN PERIOD" SHALL MEAN THE PERIOD
AFTER THE QUALIFYING PERIOD ENDING ON THE PRIMARY DAY.
16. THE TERM "GENERAL ELECTION CAMPAIGN PERIOD" SHALL MEAN THE PERIOD
BEGINNING THE DAY AFTER THE PRIMARY AND ENDING THIRTY DAYS AFTER THE
GENERAL ELECTION.
17. THE TERM "INDEPENDENT EXPENDITURE" SHALL MEAN AN EXPENDITURE BY
ANY PERSON, POLITICAL PARTY OR OTHER ENTITY OTHER THAN A CANDIDATE OR A
CANDIDATE'S AUTHORIZED COMMITTEE THAT IS MADE FOR A COMMUNICATION THAT
EXPRESSLY ADVOCATES THE ELECTION OR DEFEAT OF A CLEARLY IDENTIFIED
CANDIDATE WHICH IS MADE WITHOUT PARTICIPATION, COOPERATION OR COORDI-
NATION OR CONSULTATION WITH ANY CANDIDATE, CANDIDATE'S COMMITTEE OR
A. 4116 5
PERSONS WORKING ON BEHALF OF A CANDIDATE. A PERSON, POLITICAL PARTY OR
ENTITY IS PRESUMED TO BE IN COOPERATION OR COORDINATION WITH A CANDIDATE
IF THEY PROVIDE THE CANDIDATE WITH ANYTHING OF VALUE, DISCUSS DEMOGRAPH-
ICS, POLLING OR RELATED CAMPAIGN STRATEGY WITH A CANDIDATE, ANY CAMPAIGN
CONSULTANT OR AGENT; OR ENGAGE IN JOINT FUNDRAISING WITH THE CAMPAIGN,
ONCE ANY TYPE OF COORDINATION IS ESTABLISHED, THE PERIOD OF COORDINATION
IS PRESUMED TO BE THE ENTIRE CAMPAIGN.
18. THE TERM "NON-PARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE WHO
REJECTS CLEAN ELECTION CAMPAIGN FINANCING AND CHOOSES TO RUN IN AN
ELECTION WITH CAMPAIGN CONTRIBUTIONS RAISED FROM PRIVATE SOURCES, OR WHO
OTHERWISE IS INELIGIBLE OR FAILS TO QUALIFY FOR CLEAN ELECTION CAMPAIGN
FINANCING. NON-PARTICIPATING CANDIDATES ARE INELIGIBLE TO RECEIVE CLEAN
ELECTION CAMPAIGN FINANCING OR OTHER BENEFITS AS DEFINED BY THIS ARTI-
CLE.
19. THE TERM "START-UP COSTS" SHALL MEAN THE COSTS AND SERVICE NECES-
SARY FOR A CANDIDATE TO ADEQUATELY EXPLORE THE POSSIBILITY OF RUNNING
FOR ELECTED OFFICE.
20. THE TERM "INDEPENDENT ELECTION DEBIT CARD" SHALL MEAN A DEBIT CARD
ISSUED BY THE NEW YORK STATE BOARD OF ELECTIONS ENTITLING A CANDIDATE
AND DESIGNATED MEMBERS OF THE CANDIDATE STAFF TO DRAW MONEY FROM A NEW
YORK STATE CLEAN ELECTION CAMPAIGN FUND TO PAY ALL CAMPAIGN COSTS AND
EXPENSES.
21. THE TERM "QUALIFYING PERIOD" SHALL MEAN THE PERIOD DURING WHICH
PARTICIPATING CANDIDATES COLLECT QUALIFYING CONTRIBUTIONS.
S 14-152. ELIGIBILITY AND OTHER REQUIREMENTS. 1. TO BE ELIGIBLE FOR
CLEAN ELECTION FUNDING UNDER THIS ARTICLE, A CANDIDATE FOR NOMINATION
FOR ELECTION OR ELECTION MUST:
(A) MEET ALL THE REQUIREMENTS OF LAW TO HAVE HIS OR HER NAME ON THE
BALLOT;
(B) BE A CANDIDATE FOR GOVERNOR, LIEUTENANT GOVERNOR, COMPTROLLER,
ATTORNEY GENERAL, STATE SENATE OR ASSEMBLY OR DISTRICT ATTORNEY IN A
PRIMARY OR GENERAL ELECTION AND MEET THE THRESHOLD FOR ELIGIBILITY SET
FORTH IN SUBDIVISION TWO OF THIS SECTION;
(C) CHOOSE TO PARTICIPATE IN THE CLEAN ELECTION CAMPAIGN FUNDING
PROVISIONS OF THIS ARTICLE, BY FILING A WRITTEN CERTIFICATION IN SUCH
FORM AS MAY BE PRESCRIBED BY THE BOARD OF ELECTIONS, WHICH SETS FORTH
HIS OR HER ACCEPTANCE OF AND AGREEMENT TO COMPLY WITH THE TERMS AND
CONDITIONS FOR THE PROVISION OF SUCH FUNDS; SUCH CERTIFICATION TO BE
FILED WITH THE BOARD OF ELECTIONS AS FOLLOWS:
(I) THE QUALIFYING PERIOD SHALL COMMENCE ON NOVEMBER FIRST OF THE YEAR
PRIOR TO THE ELECTION AND END ON MAY THIRTY-FIRST OF THE YEAR OF THE
ELECTION;
(II) CANDIDATES WHO QUALIFY FOR FUNDS AUTOMATICALLY ACHIEVE BALLOT
STATUS AND DO NOT NEED TO ESTABLISH BALLOT STATUS THROUGH THE ESTAB-
LISHED PETITION PROCESS;
(III) CANDIDATES WHO QUALIFY FOR FUNDS MAY BEGIN DRAWING ON SUCH FUNDS
AS OF APRIL FIRST OR FIVE DAYS AFTER QUALIFYING, WHICHEVER IS LATER;
(IV) CANDIDATES WHO WIN A PRIMARY ELECTION SHALL RECEIVE FUNDS WITHIN
FIVE DAYS AFTER THE DATE OF THE PRIMARY;
(V) THE QUALIFICATION PERIOD IN A SPECIAL ELECTION SHALL BEGIN THE DAY
THE ELECTION IS ANNOUNCED. CANDIDATES SHALL HAVE UP TO FOURTEEN DAYS
BEFORE THE DATE OF THE SPECIAL ELECTION TO COLLECT QUALIFYING CONTRIB-
UTIONS. THE NUMBER OF QUALIFYING CONTRIBUTIONS SHALL BE HALF OF THE
NUMBER OF CONTRIBUTIONS REQUIRED IN A GENERAL ELECTION. FUNDS SHALL BE
RELEASED TO SPECIAL ELECTION CANDIDATES WITHIN THREE DAYS OF SUBMISSION
OF QUALIFYING CONTRIBUTIONS;
A. 4116 6
(D) OBTAIN AND FURNISH TO THE BOARD ANY INFORMATION IT MAY REQUEST
RELATING TO HIS OR HER CAMPAIGN EXPENDITURES OR CONTRIBUTIONS AND
FURNISH SUCH DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS ARTI-
CLE AS MAY BE REQUESTED BY SUCH BOARD;
(E) NOTIFY THE BOARD AS TO THE EXISTENCE OF EACH AUTHORIZED COMMITTEE
AUTHORIZED BY SUCH CANDIDATE, WHETHER ANY SUCH COMMITTEE HAS BEEN SO
AUTHORIZED BY ANY OTHER CANDIDATE, AND, IF THE CANDIDATE HAS AUTHORIZED
MORE THAN ONE AUTHORIZED COMMITTEE, WHICH HAS BEEN DESIGNATED BY THE
CANDIDATE AS THE PRINCIPAL COMMITTEE PURSUANT TO THIS ARTICLE;
(F) NOT ACCEPT AND HIS OR HER PRINCIPAL COMMITTEE AND ANY OTHER POLI-
TICAL COMMITTEE AUTHORIZED BY SUCH CANDIDATE MUST NOT ACCEPT, EITHER
DIRECTLY OR BY TRANSFER, ANY CONTRIBUTION OR CONTRIBUTIONS FROM ANY
INDIVIDUAL, CORPORATION, PARTNERSHIP, POLITICAL COMMITTEE, EMPLOYEE
ORGANIZATION OR OTHER ENTITY FOR ALL COVERED ELECTIONS HELD IN THE SAME
CALENDAR YEAR IN WHICH HE OR SHE IS A PARTICIPATING CANDIDATE EXCEPT FOR
SEED MONEY AS FOLLOWS: CANDIDATES MAY EXPEND SEED MONEY TO COVER
EXPENSES RELATED TO EXPLORING THE FEASIBILITY OF RUNNING FOR OFFICE AND
COLLECTING QUALIFYING CONTRIBUTIONS. NO PERSON, INCLUDING THE CANDIDATE
MAY MAKE A SEED MONEY CONTRIBUTION TO A CANDIDATE IN EXCESS OF ONE
HUNDRED DOLLARS AND SEED MONEY MAY ONLY BE CONTRIBUTED BY INDIVIDUALS.
SEED MONEY MAY ONLY BE COLLECTED AND SEED MONEY FUNDS USED DURING THE
QUALIFYING PERIOD.
(G) MAINTAIN SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR A COVERED
ELECTION AS REQUIRED BY THE BOARD;
(H) NOT MAKE AND HIS OR HER PRINCIPAL COMMITTEE AND ANY OTHER POLI-
TICAL COMMITTEE AUTHORIZED BY SUCH CANDIDATE MUST NOT MAKE EXPENDITURES
WHICH IN THE AGGREGATE EXCEED THE APPLICABLE EXPENDITURE LIMITATIONS SET
FORTH IN SECTION 14-160 OF THIS ARTICLE;
(I) AGREE TO PARTICIPATE IN AT LEAST TWO PUBLIC DEBATES WITH OTHER
QUALIFIED CANDIDATES PRIOR TO THE DATE OF A PRIMARY ELECTION AND AT
LEAST THREE DEBATES WITH OTHER QUALIFIED CANDIDATES PRIOR TO THE DATE OF
A GENERAL OR SPECIAL ELECTION. SUCH DEBATES SHALL BE ESTABLISHED UNDER
REGULATIONS PROMULGATED BY THE BOARD OF ELECTIONS. IF A CANDIDATE FAILS
TO PARTICIPATE IN ANY DEBATE REQUIRED UNDER THIS SECTION BEFORE AN
ELECTION, THE CANDIDATE SHALL BE LIABLE FOR RETURN OF MONEYS PREVIOUSLY
RECEIVED FOR USE BY THE CANDIDATE TO PAY ELECTION CAMPAIGN EXPENSES AND
SHALL BE INELIGIBLE TO RECEIVE ANY FURTHER CLEAN ELECTION CAMPAIGN FUNDS
FOR THAT ELECTION. FOR PURPOSES OF THIS SUBDIVISION, EACH PRIMARY,
GENERAL, SPECIAL OR RUN OFF ELECTION SHALL BE CONSIDERED A SEPARATE
ELECTION; AND
(J) MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION TWO OF
THIS SECTION.
2. (A) THE THRESHOLD FOR ELIGIBILITY FOR CLEAN ELECTION CAMPAIGN FUND-
ING FOR PARTICIPATING CANDIDATES IN A GENERAL ELECTION SHALL BE IN THE
CASE OF:
(I) CANDIDATES FOR STATE SENATE MUST COLLECT AT LEAST ONE THOUSAND
QUALIFYING CONTRIBUTIONS FROM PERSONS ELIGIBLE TO VOTE IN THE STATE
SENATE DISTRICT;
(II) CANDIDATES FOR STATE ASSEMBLY MUST COLLECT FOUR HUNDRED QUALIFY-
ING CONTRIBUTIONS FROM PERSONS ELIGIBLE TO VOTE IN THE STATE ASSEMBLY
DISTRICT;
(III) CANDIDATES FOR GOVERNOR MUST COLLECT FIFTEEN THOUSAND QUALIFYING
CONTRIBUTIONS, INCLUDING AT LEAST TWO HUNDRED FIFTY CONTRIBUTIONS FROM
PERSONS ELIGIBLE TO VOTE IN EACH OF A MAJORITY OF THE CONGRESSIONAL
DISTRICTS OF THE STATE;
A. 4116 7
(IV) CANDIDATES FOR LIEUTENANT GOVERNOR, ATTORNEY GENERAL AND COMP-
TROLLER MUST COLLECT TEN THOUSAND QUALIFYING CONTRIBUTIONS, INCLUDING AT
LEAST ONE HUNDRED FIFTY CONTRIBUTIONS FROM PERSONS ELIGIBLE TO VOTE FROM
A MAJORITY OF THE CONGRESSIONAL DISTRICTS OF THE STATE;
(V) CANDIDATES FOR DISTRICT ATTORNEY MUST COLLECT THE NUMBER OF QUALI-
FYING CONTRIBUTIONS FROM PERSONS ELIGIBLE TO VOTE IN THE COUNTY EQUAL TO
THE POPULATION OF THE COUNTY POPULATION ACCORDING TO THE LAST CENSUS
MULTIPLIED BY 0.0033, BUT NO LESS THAN ONE HUNDRED.
(B) IN ADDITION TO THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION IN ORDER TO BE ELIGIBLE FOR CLEAN ELECTION CAMPAIGN FINANCING FOR
THE GENERAL ELECTIONS, THE CANDIDATE MUST HAVE PARTICIPATED IN THE
PRIMARY ELECTION AND RECEIVE THE HIGHEST NUMBER OF VOTES OF THE CANDI-
DATES CONTESTING THE PRIMARY ELECTION FROM HIS OR HER RESPECTIVE PARTY
AND HAVE WON THE PARTY'S NOMINATION. THIS PROVISION SHALL NOT APPLY TO
INDEPENDENT CANDIDATES, WHOSE ELIGIBILITY REQUIREMENTS ARE SET FORTH IN
THIS SECTION.
3. (A) IN ORDER TO BE ELIGIBLE TO RECEIVE CLEAN ELECTION CAMPAIGN
FUNDS IN A PRIMARY ELECTION A QUALIFIED CANDIDATE MUST AGREE THAT IN THE
EVENT HE OR SHE IS A CANDIDATE FOR SUCH OFFICE IN ANY OTHER ELECTION
HELD IN THE SAME CALENDAR YEAR, THAT HE OR SHE WILL BE BOUND IN EACH
SUCH OTHER ELECTION BY THE ELIGIBILITY REQUIREMENTS AND ALL OTHER
PROVISIONS OF THIS ARTICLE.
(B) ANY QUALIFIED CANDIDATE MEETING THE THRESHOLD FOR ELIGIBILITY IN A
PRIMARY ELECTION FOR ONE OF THE OFFICES OUTLINED IN THIS ARTICLE SHALL
BE DEEMED TO HAVE MET THE THRESHOLD FOR ELIGIBILITY FOR SUCH OFFICE IN
ANY OTHER ELECTION HELD IN THE SAME CALENDAR YEAR.
4. QUALIFIED CANDIDATES WHO ARE CONTESTED IN A PRIMARY ELECTION FOR
NOMINATION FOR ELECTION TO OFFICE AND WHO DO NOT FILE A WRITTEN CERTIF-
ICATION PURSUANT TO PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION
SHALL NOT BE ELIGIBLE FOR CLEAN ELECTION CAMPAIGN FUNDS FOR ANY ELECTION
TO SUCH OFFICE HELD IN THE SAME CALENDAR YEAR.
5. QUALIFIED CANDIDATES WHO ARE UNOPPOSED IN A COVERED ELECTION SHALL
BE ELIGIBLE TO RECEIVE THIRTY-FIVE PERCENT OF THE FULL CLEAN ELECTION
CAMPAIGN FUNDS FOR SUCH ELECTION.
6. NO POLITICAL COMMITTEE AUTHORIZED BY A QUALIFIED CANDIDATE FOR A
COVERED ELECTION MAY BE AUTHORIZED TO AID OR TAKE PART IN THE ELECTIONS
OF MORE THAN ONE CANDIDATE.
7. ALL RECEIPTS OF SEED MONEY CONTRIBUTIONS ACCEPTED BY AN AUTHORIZED
COMMITTEE SHALL BE DEPOSITED IN AN ACCOUNT OF THE PRINCIPAL COMMITTEE.
THE TREASURER OF THE AUTHORIZED COMMITTEE SHALL BE RESPONSIBLE FOR
MAKING SUCH DEPOSITS. ALL DEPOSITS OF SEED MONEY CONTRIBUTIONS SHALL BE
MADE WITHIN TEN BUSINESS DAYS OF RECEIPT. EACH DISCLOSURE REPORT FILED
PURSUANT TO THIS ARTICLE SHALL INCLUDE THE DATE OF RECEIPT OF ALL SEED
MONEY CONTRIBUTIONS ACCEPTED.
8. REGARDLESS OF WHETHER A QUALIFIED CANDIDATE DEMONSTRATES ELIGIBIL-
ITY FOR CLEAN ELECTION CAMPAIGN FINANCING UNDER THIS ARTICLE, A QUALI-
FIED CANDIDATE AND HIS OR HER AUTHORIZED COMMITTEES ARE NONETHELESS
REQUIRED TO ABIDE BY THE REQUIREMENTS OF PARAGRAPHS (D), (E), (F), (G)
AND (H) OF SUBDIVISION ONE OF THIS SECTION.
9. A QUALIFIED CANDIDATE WHO RECEIVES CLEAN ELECTION CAMPAIGN FUNDS
SHALL NOT ACCEPT OR SPEND ANY FUNDS OTHER THAN SEED MONEY AND CLEAN
ELECTION CAMPAIGN FUNDS.
10. A QUALIFIED CANDIDATE WHO RECEIVES CLEAN ELECTION CAMPAIGN FUNDS
SHALL IDENTIFY THE NAME OF THE CANDIDATE ON ALL PRINTED CAMPAIGN LITERA-
TURE, AND ACKNOWLEDGE THEREIN THAT CLEAN ELECTION CAMPAIGN FUNDS WERE
A. 4116 8
USED IN PREPARATION OF THE SAME. ADDITIONALLY ALL TELEVISION ADVERTISE-
MENTS AND RADIO ADVERTISEMENTS, MUST INCLUDE THE VOICE OF THE CANDIDATE.
S 14-154. QUALIFIED CAMPAIGN EXPENDITURES. 1. CLEAN ELECTION CAMPAIGN
FUNDS PROVIDED UNDER THE PROVISIONS OF THIS ARTICLE MAY BE USED ONLY FOR
EXPENDITURES BY AN AUTHORIZED COMMITTEE ON BEHALF OF A CANDIDATE TO
FURTHER THE CANDIDATE'S NOMINATION FOR ELECTION OR ELECTION DURING THE
CALENDAR YEAR IN WHICH THE PRIMARY OR GENERAL ELECTION IN WHICH THE
CANDIDATE IS SEEKING NOMINATION FOR ELECTION OR ELECTION IS HELD.
2. SUCH FUNDS MAY NOT BE USED FOR:
(A) AN EXPENDITURE IN VIOLATION OF ANY LAW;
(B) PAYMENTS MADE TO THE CANDIDATE OR A SPOUSE, CHILD, GRANDCHILD,
PARENT, GRANDPARENT, BROTHER OR SISTER OF THE CANDIDATE OR SPOUSE OF
SUCH CHILD, GRANDCHILD, PARENT, GRANDPARENT, BROTHER OR SISTER, OR TO A
BUSINESS ENTITY IN WHICH THE CANDIDATE OR ANY SUCH PERSON HAS A TEN
PERCENT OR GREATER OWNERSHIP INTEREST;
(C) PAYMENTS IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES, MATERI-
ALS, FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
(D) (I) ANY EXPENDITURES MADE AFTER THE CANDIDATE HAS BEEN FINALLY
DISQUALIFIED EXCEPT AS EXPENDITURES FOR A DIFFERENT COVERED ELECTION
HELD LATER IN THE SAME CALENDAR YEAR IN WHICH THE CANDIDATE SEEKS
ELECTION FOR THE SAME OFFICE; AND
(II) ANY EXPENDITURE MADE AFTER THE ONLY REMAINING OPPONENT OF THE
CANDIDATE HAS BEEN FINALLY DISQUALIFIED EXCEPT AS EXPENDITURES FOR A
DIFFERENT COVERED ELECTION HELD LATER IN THE SAME CALENDAR YEAR IN WHICH
THE CANDIDATE SEEKS ELECTION FOR THE SAME OFFICE;
(E) PAYMENTS IN CASH, EXCEPT AS PRESCRIBED IN SUBDIVISION FOUR OF
SECTION 14-166 OF THIS ARTICLE;
(F) ANY CONTRIBUTION OR LOAN MADE TO ANOTHER CANDIDATE OR POLITICAL
COMMITTEE; OR
(G) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED
CAMPAIGN MATERIAL.
S 14-156. CAMPAIGN CONTRIBUTIONS. QUALIFIED CANDIDATES MUST FURNISH
COMPLETE CAMPAIGN RECORDS, INCLUDING ALL RECORDS OF SEED MONEY CONTRIB-
UTIONS, QUALIFYING CONTRIBUTIONS AND EXPENDITURES TO THE BOARD OF
ELECTIONS ON A QUARTERLY BASIS OR ON REQUEST BY THE BOARD.
S 14-158. OPTIONAL CLEAN ELECTION CAMPAIGN FINANCING. EACH QUALIFIED
CANDIDATE FOR NOMINATION FOR ELECTION OR ELECTION IN A COVERED ELECTION
MAY OBTAIN PAYMENT TO THE AUTHORIZED COMMITTEE DESIGNATED BY SUCH CANDI-
DATE PURSUANT TO THIS ARTICLE FROM CLEAN ELECTION CAMPAIGN FUNDS FOR
QUALIFIED CAMPAIGN EXPENDITURES, IN ACCORDANCE WITH THE PROVISIONS OF
THIS ARTICLE, AND SUBJECT TO APPROPRIATION.
1. NO SUCH CLEAN ELECTION CAMPAIGN FUNDS SHALL BE PAID TO A PRINCIPAL
COMMITTEE UNLESS THE BOARD DETERMINES THAT THE QUALIFIED CANDIDATE HAS
MET THE ELIGIBILITY REQUIREMENTS OF THIS ARTICLE. PAYMENT SHALL NOT
EXCEED THE AMOUNTS SPECIFIED IN THIS ARTICLE, AND SHALL BE MADE ONLY IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. SUCH PAYMENT MAY BE MADE
ONLY TO THE QUALIFIED CANDIDATE'S PRINCIPAL COMMITTEE. NO CLEAN ELECTION
CAMPAIGN FUNDS SHALL BE USED EXCEPT AS REIMBURSEMENT OR PAYMENT FOR
QUALIFIED CAMPAIGN EXPENDITURES ACTUALLY AND LAWFULLY INCURRED OR TO
REPAY LOANS USED TO PAY QUALIFIED CAMPAIGN EXPENDITURES.
2. A QUALIFIED CANDIDATE SEEKING OR OBTAINING NOMINATION FOR ELECTION
BY MORE THAN ONE PARTY SHALL BE DEEMED ONE CANDIDATE, AND SHALL NOT
RECEIVE ADDITIONAL CLEAN ELECTION CAMPAIGN FUNDS OR BE AUTHORIZED TO
ACCEPT CONTRIBUTIONS IN EXCESS OF THE MAXIMUM CONTRIBUTION APPLICABLE
PURSUANT TO PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION 14-152 OF THIS
A. 4116 9
ARTICLE OR MAKE ADDITIONAL EXPENDITURES BY REASON OF SUCH CANDIDATE
SEEKING OR OBTAINING NOMINATION FOR ELECTION BY MORE THAN ONE PARTY.
3. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, IF THERE IS AN
ADDITIONAL DAY FOR VOTING HELD PURSUANT TO SECTION 3-108 OF THIS CHAPTER
OR AN ELECTION HELD PURSUANT TO COURT ORDER, A QUALIFIED CANDIDATE IN
SUCH ELECTION SHALL OBTAIN PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES
IN AN AMOUNT EQUAL TO TWENTY-FIVE CENTS FOR EACH ONE DOLLAR OF CLEAN
ELECTION CAMPAIGN FUNDS PAID PURSUANT TO THIS ARTICLE TO THE CANDIDATE'S
PRINCIPAL COMMITTEE FOR THE PRECEDING ELECTION. EXCEPT AS PROVIDED BY
THIS SUBDIVISION, NO ADDITIONAL CLEAN ELECTION CAMPAIGN FUNDS SHALL BE
PROVIDED TO ANY CANDIDATE FOR SUCH ELECTION OR ADDITIONAL DAY FOR
VOTING.
S 14-160. RECEIPT AND EXPENDITURE LIMITATIONS; ADDITIONAL FINANCING
AND LIMITS. 1. (A) THE FOLLOWING LIMITATIONS APPLY TO ALL RECEIPTS MADE
FROM A CLEAN ELECTION CAMPAIGN FUND AND ALL EXPENDITURES MADE BY A
CANDIDATE AND HIS OR HER AUTHORIZED COMMITTEES ON OR AFTER THE FIRST DAY
OF JANUARY PRECEDING THE ELECTION FOR WHICH SUCH CANDIDATE CHOOSES TO
PARTICIPATE IN THE CLEAN ELECTION CAMPAIGN FUNDING PROVISIONS OF THIS
ARTICLE AND TO EXPENDITURES MADE AT ANY TIME PRIOR TO SUCH DATE FOR
SERVICES, MATERIALS, FACILITIES, ADVERTISING OR OTHER THINGS OF VALUE
RECEIVED, RENDERED, PUBLISHED, DISTRIBUTED OR BROADCAST ON OR AFTER SUCH
DATE. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, IN EACH
GENERAL ELECTION, RECEIPTS FROM A CLEAN ELECTION CAMPAIGN FUND AND
EXPENDITURES BY A PARTICIPATING CANDIDATE FOR ONE OF THE FOLLOWING
OFFICES AND HIS OR HER AUTHORIZED COMMITTEES SHALL NOT EXCEED THE
FOLLOWING AMOUNTS:
OFFICE GENERAL ELECTION PRIMARY ELECTION
GOVERNOR $7,000,000 75 CENTS/ENROLLED VOTER
LT. GOV. N.A. 75 CENTS/ENROLLED VOTER
BUT NOT TO EXCEED
$1,250,000
ATT. GENERAL $2,500,000 75 CENTS/ENROLLED VOTER
BUT NOT TO EXCEED
$1,250,000
COMPTROLLER $2,500,000 75 CENTS/ ENROLLED VOTER
BUT NOT TO EXCEED
$1,250,000
DISTRICT ATTORNEY $7,000,000 X COUNTY POP. $3,000,000 X COUNTY POP.
----------- ------------
STATE POP. STATE POP.
STATE SENATE $ 150,000 $1.75/ENROLLED VOTER
BUT NOT TO EXCEED
$30,000
STATE ASSEMBLY $ 75,000 $1.75/ENROLLED VOTER
BUT NOT TO EXCEED
$15,000
(B) NOT LATER THAN THE FIRST DAY OF MARCH IN THE YEAR TWO THOUSAND
TWENTY-ONE, AND EVERY FOURTH YEAR THEREAFTER THE BOARD SHALL (I) DETER-
MINE THE PERCENTAGE DIFFERENCE BETWEEN THE AVERAGE OVER A CALENDAR YEAR
OF THE CONSUMER PRICE INDEX FOR ALL URBAN AREAS PUBLISHED BY THE UNITED
STATES BUREAU OF LABOR STATISTICS FOR THE TWELVE MONTHS PRECEDING THE
BEGINNING OF SUCH CALENDAR YEAR AND THE AVERAGE OVER THE CALENDAR YEAR
TWO THOUSAND TEN OF SUCH CONSUMER PRICE INDEX; (II) ADJUST EACH EXPENDI-
TURE LIMITATION APPLICABLE PURSUANT TO THIS SUBDIVISION BY THE AMOUNT OF
SUCH PERCENTAGE DIFFERENCE TO THE NEAREST THOUSAND DOLLARS; AND (III)
PUBLISH SUCH ADJUSTED EXPENDITURE LIMITATION IN THE STATE REGISTER. SUCH
A. 4116 10
ADJUSTED EXPENDITURE LIMITATION SHALL BE IN EFFECT FOR ANY ELECTION HELD
BEFORE THE NEXT SUCH ADJUSTMENT.
2. THE FOLLOWING SEED MONEY LIMITATIONS APPLY TO ALL EXPENDITURES MADE
BY A CANDIDATE AND HIS OR HER AUTHORIZED COMMITTEES PRIOR TO THE END OF
THE CLEAN ELECTION CAMPAIGN FINANCING QUALIFYING PERIOD FOR WHICH SUCH
CANDIDATE CHOOSES TO PARTICIPATE IN THE CLEAN ELECTION CAMPAIGN FUNDING
PROVISIONS OF THIS ARTICLE AND TO EXPENDITURES MADE AT ANY TIME PRIOR TO
SUCH DATE FOR SERVICES, MATERIALS, FACILITIES, ADVERTISING OR OTHER
THINGS OF VALUE RECEIVED, RENDERED, PUBLISHED, DISTRIBUTED OR BROADCAST
IN SUCH CALENDAR YEAR. SUCH EXPENDITURES BY A QUALIFIED CANDIDATE FOR
ONE OF THE FOLLOWING OFFICES AND HIS OR HER AUTHORIZED COMMITTEES SHALL
NOT EXCEED THE FOLLOWING AMOUNTS:
GOVERNOR: $200,000
ATTORNEY GENERAL: $150,000
COMPTROLLER: $150,000
LIEUTENANT GOVERNOR: $150,000
STATE SENATE: $ 20,000
MEMBER OF ASSEMBLY: $ 10,000
DISTRICT ATTORNEY: $25.00 MULTIPLIED BY THE NUMBER OF QUALIFIED
CONTRIBUTIONS RECEIVED
3. ADDITIONAL FUNDS FROM THE FUND SHALL BE AWARDED TO A QUALIFIED
CANDIDATE WHEN THE TOTAL OF CAMPAIGN EXPENDITURES BY NON-PARTICIPATING
CANDIDATES WHO OPPOSE A QUALIFIED CANDIDATE AND INDEPENDENT EXPENDITURES
DIRECTED AGAINST THE QUALIFIED CANDIDATE OR IN SUPPORT OF THE QUALIFIED
CANDIDATE'S OPPONENT, EXCEEDS ONE HUNDRED TEN PERCENT OF THE SPENDING
LIMITS ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION. AN ADDITIONAL
DOLLAR SHALL BE AWARDED FOR EACH DOLLAR IN EXCESS OF ONE HUNDRED TEN
PERCENT OF THE LIMIT, UP TO A TOTAL OF THREE HUNDRED PERCENT OF SAID
EXPENDITURE LIMITS.
4. NON-PARTICIPATING CANDIDATES AND PERSONS OR COMMITTEES MAKING INDE-
PENDENT EXPENDITURES SHALL COMPLY WITH ALL REPORTING REQUIREMENTS FOR
POLITICAL COMMITTEES, AND IN ADDITION SHALL, THREE WEEKS BEFORE THE DATE
OF THE ELECTION, REPORT ANY AND ALL EXPENDITURES EXPECTED TO BE MADE ON
THE ELECTION AND MAY NOT SPEND ANY AMOUNTS NOT SO REPORTED.
5. IN ADDITION TO ANY OTHER PROVISION OF THIS ARTICLE LIMITING OR
QUALIFYING OR DEFINING A QUALIFIED CAMPAIGN EXPENDITURE, THE FOLLOWING
EXPENDITURE SHALL BE DEEMED INDEPENDENT EXPENDITURES FOR THE PURPOSE OF
THIS ARTICLE:
(A) ANY WRITTEN ADVERTISEMENT DISTRIBUTED WITHIN SIXTY DAYS PRIOR TO A
PRIMARY, GENERAL OR SPECIAL ELECTION IN WHICH A CANDIDATE'S NAME OR A
CANDIDATE'S POLITICAL PARTY IS INCLUDED SHALL BE DEEMED A CAMPAIGN
EXPENDITURE; AND
(B) ANY ADVERTISEMENT DISTRIBUTED WITHIN SIXTY DAYS PRIOR TO A PRIMA-
RY, GENERAL OR SPECIAL ELECTION WHICH, AS INDICATED BY ITS TIMING PLACE-
MENT, MESSAGE, CONTEXT OR OTHER OBJECTIVE AND APPARENT MESSAGE OR OTHER
CRITERIA WHICH IN THE OPINION OF THE BOARD OF ELECTIONS IS INTENDED TO
INFLUENCE THE OUTCOME OF SUCH ELECTION SHALL BE DEEMED A CAMPAIGN
EXPENDITURE.
6. ANY PERSON OR COMMITTEE WHO DISTRIBUTES AN ADVERTISEMENT WHICH
INCLUDES THE NAME OF A CANDIDATE NOMINATED FOR A PRIMARY, GENERAL OR
SPECIAL ELECTION SHALL COMPLY WITH ALL OF THE DISCLOSURE REQUIREMENTS
IMPOSED ON POLITICAL COMMITTEES PURSUANT TO THIS CHAPTER.
7. ANY EXPENDITURE MADE BY A MEMBERSHIP ORGANIZATION, AS DEFINED BY
THE FEDERAL ELECTION COMMISSION, TO A MEMBER IN GOOD STANDING OF SUCH
ORGANIZATION SHALL NOT BE DEEMED TO BE A CAMPAIGN EXPENDITURE BUT THE
A. 4116 11
AMOUNT THEREOF SHALL BE DISCLOSED IN THE SAME MANNER AS A CAMPAIGN
EXPENDITURE IS DISCLOSED PURSUANT TO THIS ARTICLE.
S 14-162. POWER OF BOARD OF ELECTIONS. 1. THE BOARD SHALL HAVE THE
POWER TO INVESTIGATE ALL MATTERS RELATING TO THE PERFORMANCE OF ITS
FUNCTIONS AND ANY OTHER MATTER RELATING TO THE PROPER ADMINISTRATION OF
THIS ARTICLE AND FOR SUCH PURPOSES SHALL HAVE THE POWER TO REQUIRE THE
ATTENDANCE AND EXAMINE AND TAKE THE TESTIMONY UNDER OATH OF SUCH PERSONS
AS IT SHALL DEEM NECESSARY AND TO REQUIRE THE PRODUCTION OF BOOKS,
ACCOUNTS, PAPERS AND OTHER EVIDENCE RELATIVE TO SUCH INVESTIGATION.
2. THE BOARD SHALL PUBLICIZE, AS IT DEEMS APPROPRIATE, THE NAMES OF
CANDIDATES FOR NOMINATION OR ELECTION TO THE OFFICES OF GOVERNOR, LIEU-
TENANT GOVERNOR, COMPTROLLER, ATTORNEY GENERAL, STATE SENATE, MEMBER OF
ASSEMBLY OR DISTRICT ATTORNEY WHO VIOLATE ANY OF THE PROVISIONS OF THIS
ARTICLE.
3. THE BOARD MAY RENDER ADVISORY OPINIONS WITH RESPECT TO QUESTIONS
ARISING UNDER THIS ARTICLE. SUCH ADVISORY OPINIONS MAY BE RENDERED ON
THE WRITTEN REQUEST OF A CANDIDATE, AN OFFICER OF A POLITICAL COMMITTEE
OR MEMBER OF THE PUBLIC, OR MAY BE RENDERED ON ITS OWN INITIATIVE. THE
BOARD SHALL MAKE PUBLIC ITS ADVISORY OPINIONS. THE BOARD SHALL DEVELOP A
PROGRAM FOR INFORMING CANDIDATES AND THE PUBLIC AS TO THE PURPOSE AND
EFFECT OF THE PROVISIONS OF THIS ARTICLE. THE BOARD SHALL PREPARE AND
MAKE AVAILABLE EDUCATIONAL MATERIALS, INCLUDING COMPLIANCE MANUALS AND
SUMMARIES AND EXPLANATIONS OF THE PURPOSES AND PROVISIONS OF THIS ARTI-
CLE. THESE MATERIALS SHALL BE PREPARED IN PLAIN LANGUAGE. THE BOARD
SHALL PREPARE AND MAKE AVAILABLE MATERIALS, INCLUDING, TO THE EXTENT
FEASIBLE, COMPUTER SOFTWARE, TO FACILITATE THE TASK OF COMPLIANCE WITH
THE DISCLOSURE AND RECORD-KEEPING REQUIREMENTS OF THIS ARTICLE.
4. THE BOARD SHALL HAVE THE AUTHORITY TO PROMULGATE SUCH RULES AND
REGULATIONS AND PROVIDE SUCH FORMS AS IT DEEMS NECESSARY FOR THE ADMIN-
ISTRATION OF THIS ARTICLE. THE BOARD SHALL PROMULGATE REGULATIONS
CONCERNING THE FORM IN WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO BE
REPORTED, THE PERIODS DURING WHICH SUCH REPORTS MUST BE FILED AND THE
VERIFICATION REQUIRED. THE BOARD SHALL REQUIRE THE FILING OF REPORTS OF
CONTRIBUTIONS AND EXPENDITURES FOR PURPOSES OF DETERMINING COMPLIANCE
WITH PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION 14-152 AND SECTION
14-160 OF THIS ARTICLE IN ACCORDANCE WITH THE SCHEDULE SPECIFIED BY THE
STATE BOARD OF ELECTIONS FOR THE FILING OF CAMPAIGN RECEIPT AND EXPENDI-
TURE STATEMENTS.
5. THE BOARD SHALL DEVELOP A COMPUTER DATA BASE THAT SHALL CONTAIN ALL
INFORMATION NECESSARY FOR THE PROPER ADMINISTRATION OF THIS CHAPTER
INCLUDING INFORMATION ON CONTRIBUTIONS TO AND EXPENDITURES BY CANDIDATES
AND THEIR AUTHORIZED COMMITTEES AND DISTRIBUTIONS OF MONEYS FROM THE
CAMPAIGN FINANCE FUND. SUCH DATA BASE SHALL BE ACCESSIBLE TO THE PUBLIC.
6. THE BOARD SHALL PROMULGATE REGULATIONS REGARDING PUBLIC DEBATES AS
PROVIDED IN SECTION 14-152 OF THIS ARTICLE.
7. THE BOARD MAY TAKE SUCH OTHER ACTIONS AS ARE NECESSARY AND PROPER
TO CARRY OUT THE PURPOSES OF THIS ARTICLE.
S 14-164. NEW YORK STATE CLEAN ELECTION CAMPAIGN FINANCE FUND. 1.
THERE IS HEREBY ESTABLISHED A SPECIAL FUND, TO BE KNOWN AS THE "NEW YORK
STATE CLEAN ELECTION CAMPAIGN FINANCE FUND". THE MONIES IN SUCH FUND MAY
BE EXPENDED BY THE BOARD OF ELECTIONS ONLY AS PAYMENTS FOR QUALIFIED
CANDIDATES IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
2. THE FUND SHALL BE KEPT SEPARATE AND SHALL BE CREDITED WITH ALL SUMS
APPROPRIATED THEREOF, ANY DONATIONS RECEIVED PURSUANT TO SUBDIVISION
SEVEN OF THIS SECTION, ALL EARNINGS ACCRUING ON SUCH FUNDS AND ANY
A. 4116 12
MONIES REALIZED FROM THE PROVISIONS OF SUBDIVISION THREE OF SECTION
14-170 OF THIS ARTICLE.
3. IF AT ANY TIME THE BOARD OF ELECTIONS DETERMINES THAT THE CLEAN
ELECTIONS CAMPAIGN FINANCE FUND DOES NOT HAVE SUFFICIENT REVENUES, OR IS
LIKELY TO NOT HAVE SUFFICIENT REVENUES, FOR PAYMENT TO QUALIFYING CANDI-
DATES UNDER THIS ARTICLE THEN IT SHALL REPORT THIS DETERMINATION TO THE
COMPTROLLER, ALONG WITH THE AMOUNT WHICH WILL BE NECESSARY TO PROVIDE
QUALIFYING CANDIDATES WITH FINANCING PURSUANT TO THIS ARTICLE AND A
DETAILED STATEMENT OF THE ASSUMPTIONS AND METHODOLOGY ON WHICH SUCH
DETERMINATION WAS BASED. NO MORE THAN FOUR DAYS AFTER RECEIVING SUCH A
DETERMINATION THE COMPTROLLER SHALL TRANSFER THE AMOUNT DETERMINED BY
THE BOARD OF ELECTIONS TO BE NECESSARY FROM THE GENERAL FUND TO THE
CLEAN ELECTIONS CAMPAIGN FINANCE FUND.
4. THE MONEYS IN SUCH FUND SHALL BE MADE AVAILABLE TO PARTICIPATING
CANDIDATES BY THE BOARD UPON ITS CERTIFICATION THAT SUCH CANDIDATES
QUALIFY FOR SUCH FUNDS.
5. NO MONEYS SHALL BE MADE AVAILABLE TO QUALIFIED CANDIDATES IN A
GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF THE PRIMARY
ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
6. NO MONEYS SHALL BE MADE AVAILABLE TO ANY QUALIFIED CANDIDATE WHO
HAS BEEN FINALLY DISQUALIFIED. ANY PAYMENT FROM THE FUND IN THE
POSSESSION OF SUCH A CANDIDATE OR HIS OR HER AUTHORIZED COMMITTEES ON
THE DATE OF SUCH FINAL DISQUALIFICATION OR INVALIDATION MAY NOT THERE-
AFTER BE EXPENDED FOR ANY PURPOSE EXCEPT THE PAYMENT OF LIABILITIES
INCURRED IN QUALIFIED CAMPAIGN EXPENDITURES BEFORE SUCH DATE AND SHALL
BE PROMPTLY REPAID TO THE FUND.
7. THE BOARD SHALL BE EMPOWERED TO ACCEPT DONATIONS TO BE CREDITED TO
THE FUND. THE BOARD MAY DEVISE SUCH METHODS OF SOLICITING AND COLLECTING
DONATIONS AS IT MAY DEEM FEASIBLE AND APPROPRIATE.
8. (A) A QUALIFIED CANDIDATE WHO HAS BEEN DEFEATED IN A PRIMARY
ELECTION OR WHO FAILS TO REMAIN AS A CANDIDATE THROUGHOUT A PRIMARY OR
GENERAL ELECTION PERIOD SHALL RETURN ALL UNSPENT FUNDS THAT WERE RAISED
OR DISTRIBUTED TO HIM OR HER TO THE FUND.
(B) ALL OTHER QUALIFIED CANDIDATES SHALL RETURN ALL UNSPENT QUALIFYING
CAMPAIGN CONTRIBUTIONS AND OTHER FUND REVENUES AND ALL UNEXPENDED SEED
MONEY THAT WERE DISTRIBUTED TO HIM OR HER TO THE FUND.
THE AGGREGATE AMOUNT WHICH MAY BE PROVIDED TO QUALIFIED CANDIDATES IN
ANY FOUR-YEAR ELECTION CYCLE FROM THE FUND SHALL NOT EXCEED
ONE-TENTH-OF-ONE-PERCENT OF THE TOTAL EXPENDITURES MADE PURSUANT TO
APPROPRIATIONS MADE BY LAW DURING SUCH TIME PERIOD. IF THE AMOUNT OF
FUNDS FOR WHICH QUALIFIED CANDIDATES HAVE QUALIFIED REACHES OR EXCEEDS
THIS LEVEL, THE BOARD OF ELECTIONS SHALL REDUCE, BY AN EQUAL PERCENTAGE
FOR ALL CANDIDATES, THE RESPECTIVE AMOUNT OF PUBLIC FINANCING MADE
AVAILABLE TO QUALIFIED CANDIDATES.
S 14-166. DISBURSAL OF REVENUE FOR CLEAN ELECTION CAMPAIGN FINANCING.
1. UPON CERTIFYING THAT A CANDIDATE IS ELIGIBLE FOR CLEAN ELECTION
CAMPAIGN FINANCING, THE BOARD OF ELECTIONS SHALL ISSUE A NEW YORK STATE
CLEAN ELECTION CAMPAIGN FINANCE FUND DEBIT CARD TO THE PARTICIPATING
CANDIDATE ENTITLING THE CANDIDATE AND DESIGNATED MEMBERS OF HIS OR HER
STAFF THE RIGHT TO DRAW MONEY FROM THE NEW YORK STATE CLEAN ELECTION
CAMPAIGN FINANCE FUND ACCOUNT TO PAY ALL CAMPAIGN COSTS AND EXPENSES.
2. A QUALIFIED CANDIDATE AND HIS OR HER REPRESENTATIVE ARE PROHIBITED
FROM PAYING FOR CAMPAIGN EXPENSES IN ANY WAY OTHER THAN BY USE OF THE
NEW YORK STATE CLEAN ELECTION CAMPAIGN FINANCE FUND DEBIT CARD EXCEPT AS
EXEMPTED IN SUBDIVISION FOUR OF THIS SECTION. THE USE OF THE NEW YORK
A. 4116 13
STATE CLEAN ELECTION CAMPAIGN FUND DEBIT CARD TO GENERATE PERSONAL CRED-
IT OR A LOAN IS PROHIBITED.
3. CASH, CASHIER'S CHECKS, MONEY ORDERS, OR OTHER FORMS OF PAYMENT
SHALL BE PERMISSIBLE ONLY IF THEY ARE DRAWN DIRECTLY FROM THE NEW YORK
STATE CLEAN ELECTION CAMPAIGN FINANCE FUND, EXCEPT AS EXEMPTED IN SUBDI-
VISION FOUR OF THIS SECTION.
(A) ALL CAMPAIGN PURCHASES FOR GOODS AND SERVICES SHALL BE PAID FOR
WITH MONEY DRAWN FROM THE NEW YORK STATE CLEAN ELECTION CAMPAIGN FUND AT
THE TIME OF PURCHASE, EXCEPT THAT FEES FOR SERVICES, INCLUDING SALARIES
AND FEES FOR STAFF MEMBERS AND CONSULTANTS, MAY BE MADE AVAILABLE AT ANY
TIME UP UNTIL THE LAST DAY OF THE RELEVANT PRIMARY, SPECIAL OR GENERAL
CAMPAIGN PERIODS.
(B) ESTIMATED PAYMENTS FOR UTILITY BILLS, INCLUDING TELEPHONE, HEAT
AND ELECTRICITY CHARGES, SHALL BE MADE AVAILABLE BY THE LAST DAY OF THE
RELEVANT ELECTION PERIOD. IN BUDGETING THEIR PROJECTED EXPENSES, QUALI-
FIED CANDIDATES MUST ESTIMATE THE COST OF UTILITIES. THE CAMPAIGN
FINANCE BOARD IS AUTHORIZED TO PROVIDE A FORMULA FOR SUCH ESTIMATES.
4. A PETTY CASH FUND MAY BE ESTABLISHED CONSISTENT WITH THE OTHER
PROVISIONS OF THIS ARTICLE.
(A) QUALIFIED CANDIDATES MAY HAVE A DAILY PETTY CASH FUND, FOR DAILY
EXPENSES, INCLUDING FOOD, NEWSPAPERS, MAGAZINES, PUBLIC TELEPHONES, AND
OTHER MINOR NECESSITIES UNRELATED TO THE DIRECT OPERATING COSTS OF THE
CAMPAIGN. THE DAILY MAXIMUM AMOUNT OF THE PETTY CASH FUND SHALL BE
ESTABLISHED BY THE BOARD.
(B) ALL CASH EXPENDITURES IN EXCESS OF TWENTY-FIVE DOLLARS REQUIRE A
CASH RECEIPT SPECIFYING THE ITEM PURCHASED AND ITS PURPOSE, ITS COST,
AND THE PLACE OF PURCHASE.
S 14-168. EXAMINATIONS AND AUDITS; REPAYMENTS. 1. THE BOARD OF
ELECTIONS IS HEREBY EMPOWERED TO AUDIT AND EXAMINE ALL MATTERS RELATING
TO THE PERFORMANCE OF ITS FUNCTIONS AND ANY OTHER MATTER RELATING TO THE
PROPER ADMINISTRATION OF THIS ARTICLE.
2. (A) IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO
THE PRINCIPAL COMMITTEE OF A QUALIFIED CANDIDATE FROM THE FUND WAS IN
EXCESS OF THE AGGREGATE AMOUNT OF PAYMENTS WHICH SUCH CANDIDATE WAS
ELIGIBLE TO RECEIVE PURSUANT TO THIS ARTICLE, IT SHALL NOTIFY SUCH
COMMITTEE AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN AMOUNT EQUAL TO
THE AMOUNT OF EXCESS PAYMENTS.
(B) IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO A
PRINCIPAL COMMITTEE OF A QUALIFIED CANDIDATE FROM THE FUND WAS USED FOR
PURPOSES OTHER THAN QUALIFIED CAMPAIGN EXPENDITURES, IT SHALL NOTIFY
SUCH COMMITTEE OF THE AMOUNT SO DISQUALIFIED AND SUCH COMMITTEE SHALL
PAY TO THE BOARD AN AMOUNT EQUAL TO SUCH DISQUALIFIED AMOUNT.
(C) IF THE TOTAL OF CONTRIBUTIONS, OTHER RECEIPTS, AND PAYMENTS FROM
THE FUND RECEIVED BY A QUALIFIED CANDIDATE AND HIS OR HER AUTHORIZED
COMMITTEES EXCEED THE TOTAL CAMPAIGN EXPENDITURES OF SUCH CANDIDATE AND
COMMITTEES FOR ALL COVERED ELECTIONS HELD IN THE SAME CALENDAR YEAR OR
FOR A SPECIAL ELECTION TO FILL A VACANCY SUCH CANDIDATE AND COMMITTEES
SHALL USE SUCH EXCESS FUNDS TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED
BY THE PRINCIPAL COMMITTEE FROM THE FUND DURING SUCH CALENDAR YEAR. SUCH
REIMBURSEMENT SHALL BE MADE NOT LATER THAN TEN DAYS AFTER ALL LIABIL-
ITIES HAVE BEEN PAID AND IN ANY EVENT, NOT LATER THAN JUNE THIRTIETH OF
THE YEAR FOLLOWING SUCH CALENDAR YEAR. NO SUCH EXCESS FUNDS SHALL BE
USED FOR ANY OTHER PURPOSE, UNLESS THE TOTAL AMOUNT OF THE PAYMENTS
RECEIVED FROM THE FUND BY THE AUTHORIZED COMMITTEE HAS BEEN REPAID.
3. IF A QUALIFIED CANDIDATE WHOSE PRINCIPAL COMMITTEE HAS RECEIVED
CLEAN ELECTION CAMPAIGN FUNDS IS DISQUALIFIED BY A COURT OF COMPETENT
A. 4116 14
JURISDICTION ON THE GROUNDS THAT SUCH CANDIDATE COMMITTED FRAUDULENT
ACTS IN ORDER TO OBTAIN A PLACE ON THE BALLOT AND SUCH DECISION IS NOT
REVERSED, SUCH CANDIDATE AND HIS OR HER PRINCIPAL COMMITTEE SHALL PAY TO
THE BOARD AN AMOUNT EQUAL TO THE TOTAL OF CLEAN ELECTION CAMPAIGN FUNDS
RECEIVED BY SUCH PRINCIPAL COMMITTEE.
S 14-170. PENALTIES. 1. ANY QUALIFIED CANDIDATE WHOSE PRINCIPAL
COMMITTEE FAILS TO FILE IN A TIMELY MANNER A STATEMENT OR RECORD
REQUIRED TO BE FILED BY THIS ARTICLE OR THE RULES OF THE BOARD IN IMPLE-
MENTATION THEREOF OR WHO VIOLATES ANY OTHER PROVISION OF THIS ARTICLE OR
RULE PROMULGATED THEREUNDER, AND ANY PRINCIPAL COMMITTEE TREASURER OR
ANY OTHER AGENT OF A QUALIFIED CANDIDATE WHO COMMITS SUCH A VIOLATION,
SHALL BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT NOT IN EXCESS OF TEN
THOUSAND DOLLARS.
2. IN ADDITION TO THE PENALTIES PROVIDED IN SUBDIVISION ONE OF THIS
SECTION, IF THE AGGREGATE AMOUNT OF EXPENDITURES BY A QUALIFIED CANDI-
DATE AND SUCH CANDIDATE'S AUTHORIZED COMMITTEES EXCEED THE EXPENDITURE
LIMITATIONS CONTAINED IN THIS ARTICLE SUCH CANDIDATE AND AUTHORIZED
COMMITTEES SHALL BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT NOT TO
EXCEED THREE TIMES THE SUM BY WHICH SUCH EXPENDITURES EXCEED THE APPLI-
CABLE EXPENDITURE LIMITATION.
3. THE INTENTIONAL OR KNOWING FURNISHING OF ANY FALSE OR FICTITIOUS
EVIDENCE, BOOKS OR INFORMATION TO THE BOARD UNDER THIS ARTICLE, OR THE
INCLUSION IN ANY EVIDENCE, BOOKS, OR INFORMATION SO FURNISHED OF A
MISREPRESENTATION OF A MATERIAL FACT, OR THE FALSIFYING OR CONCEALMENT
OF ANY EVIDENCE, BOOKS, OR INFORMATION RELEVANT TO ANY AUDIT BY THE
BOARD OR THE INTENTIONAL OR KNOWING VIOLATION OF ANY OTHER PROVISION OF
THIS ARTICLE SHALL BE PUNISHABLE AS A CLASS A MISDEMEANOR IN ADDITION TO
ANY OTHER PENALTY AS MAY BE PROVIDED UNDER LAW. THE BOARD SHALL SEEK TO
RECOVER ANY CLEAN ELECTION CAMPAIGN FUNDS OBTAINED AS A RESULT OF SUCH
CONDUCT. ANY MONIES SO OBTAINED SHALL BE DEPOSITED INTO THE FUND.
S 14-172. CAMPAIGNS FOR OFFICE NOT SUBJECT TO THIS ARTICLE. CONTRIB-
UTIONS, LOANS, GUARANTEES AND OTHER SECURITY FOR SUCH LOANS USED AND
EXPENDITURES MADE TOWARD THE PAYMENT OF LIABILITIES INCURRED BY A CANDI-
DATE IN AN ELECTION HELD PRIOR TO THE EFFECTIVE DATE OF THIS SECTION OR
IN WHICH HE OR SHE DID NOT CHOOSE TO PARTICIPATE IN THE CLEAN ELECTION
CAMPAIGN FUNDING PROVISIONS OF THIS ARTICLE, OR IN A CAMPAIGN FOR PUBLIC
OFFICE OTHER THAN ONE COVERED BY THIS ARTICLE, SHALL NOT BE SUBJECT TO
THE REQUIREMENTS AND LIMITATIONS OF THIS ARTICLE.
S 14-174. REPORTS. 1. THE BOARD OF ELECTIONS SHALL REVIEW AND EVALUATE
THE EFFECT OF THIS ARTICLE UPON THE CONDUCT OF ELECTION CAMPAIGNS IN THE
STATE AND SHALL SUBMIT A REPORT TO THE GOVERNOR AND THE LEGISLATURE ON
OR BEFORE SEPTEMBER FIRST, TWO THOUSAND FOURTEEN, AND EVERY FOURTH YEAR
THEREAFTER, AND AT ANY OTHER TIME UPON THE REQUEST OF THE GOVERNOR OR
THE LEGISLATURE AND AT SUCH OTHER TIMES AS THE BOARD DEEMS APPROPRIATE,
CONTAINING:
(A) THE NUMBER AND NAMES OF CANDIDATES QUALIFYING FOR AND CHOOSING TO
RECEIVE CLEAN ELECTION CAMPAIGN FUNDS PURSUANT TO THIS ARTICLE, AND OF
CANDIDATES FAILING TO QUALIFY OR OTHERWISE NOT CHOOSING TO RECEIVE SUCH
FUNDS, IN EACH ELECTION DURING THE FOUR PRECEDING CALENDAR YEARS;
(B) THE AMOUNT OF CLEAN ELECTION CAMPAIGN FUNDS PROVIDED TO THE
AUTHORIZED COMMITTEES OF EACH CANDIDATE PURSUANT TO THIS ARTICLE AND THE
CONTRIBUTIONS RECEIVED AND EXPENDITURES MADE BY EACH SUCH CANDIDATE AND
THE AUTHORIZED COMMITTEES OF SUCH CANDIDATE, IN EACH ELECTION DURING THE
FOUR PRECEDING CALENDAR YEARS;
(C) RECOMMENDATIONS AS TO WHETHER THE PROVISIONS OF THIS ARTICLE
GOVERNING MAXIMUM CONTRIBUTION AMOUNTS, THRESHOLDS FOR ELIGIBILITY AND
A. 4116 15
EXPENDITURE LIMITATIONS SHOULD BE AMENDED AND SETTING FORTH THE AMOUNT
OF, AND REASONS FOR, ANY AMENDMENTS IT RECOMMENDS;
(D) ANALYSIS OF THE EFFECT OF THIS ARTICLE ON POLITICAL CAMPAIGNS,
INCLUDING ITS EFFECT ON THE SOURCES AND AMOUNTS OF PRIVATE FINANCING,
THE LEVEL OF CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE NUMBER OF
CANDIDATES AND THE CANDIDATE'S ABILITY TO CAMPAIGN EFFECTIVELY FOR
PUBLIC OFFICE;
(E) A REVIEW OF THE PROCEDURES UTILIZED IN PROVIDING CLEAN ELECTION
CAMPAIGN FUNDS TO CANDIDATES; AND
(F) SUCH RECOMMENDATIONS FOR CHANGES IN THIS ARTICLE AS IT DEEMS
APPROPRIATE.
2. FOR THE REPORT SUBMITTED IN THE YEAR TWO THOUSAND FOURTEEN, THE
BOARD ALSO SHALL REVIEW ANY CONTRIBUTIONS MADE TO CANDIDATES AND AUTHOR-
IZED COMMITTEES PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE WHICH EXCEED
THE AMOUNT OF THE MAXIMUM CONTRIBUTION APPLICABLE PURSUANT TO PARAGRAPH
(F) OF SUBDIVISION ONE OF SECTION 14-152 OF THIS ARTICLE AND REPORT AS
TO WHETHER SUCH CONTRIBUTIONS WERE RETURNED, EXPENDED OR OTHERWISE USED
AND THE PURPOSES OF SUCH EXPENDITURES OR OTHER USES.
S 14-176. CONSTRUCTION. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
PROHIBIT THE MAKING OR RECEIPT OF CONTRIBUTIONS TO THE EXTENT PERMITTED
BY THIS CHAPTER OR TO PERMIT THE MAKING OR RECEIPT OF CONTRIBUTIONS
OTHERWISE PROHIBITED.
S 14-178. JOINT CAMPAIGN ACTIVITIES. NOTHING IN THIS ARTICLE SHALL BE
CONSTRUED TO RESTRICT CANDIDATES FROM AUTHORIZING EXPENDITURES FOR JOINT
CAMPAIGN MATERIALS AND OTHER JOINT CAMPAIGN ACTIVITIES, PROVIDED THAT
THE BENEFIT EACH CANDIDATE DERIVES FROM THE JOINT MATERIAL OR ACTIVITY
IS PROPORTIONALLY EQUIVALENT TO THE EXPENDITURES AUTHORIZED BY SUCH
CANDIDATE.
S 3. The tax law is amended by adding a new section 626-a to read as
follows:
S 626-A. THE CLEAN ELECTION CAMPAIGN FINANCE FUND. EFFECTIVE FOR ANY
TAXABLE YEAR COMMENCING ON OR AFTER THE FIRST OF JANUARY NEXT SUCCEEDING
THE EFFECTIVE DATE OF THIS SECTION, AN INDIVIDUAL IN ANY TAXABLE YEAR
MAY ELECT TO HAVE AN AMOUNT UP TO ONE HUNDRED DOLLARS OF ANY TAX OTHER-
WISE PAYABLE DEPOSITED TO THE CLEAN ELECTION CAMPAIGN FINANCE FUND.
SUCH CONTRIBUTION SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH
INDIVIDUAL. THE COMMISSIONER SHALL INCLUDE A SPACE ON THE PERSONAL
INCOME TAX RETURN TO ENABLE A TAXPAYER TO AUTHORIZE SUCH DEPOSIT.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ALL REVENUES
COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE CLEAN
ELECTION CAMPAIGN FINANCE FUND AND USED ONLY FOR THOSE PURPOSES ENUMER-
ATED IN SECTION 14-164 OF THE ELECTION LAW.
S 4. Subdivision (e) of section 1-e of the legislative law, as amended
by section 1 of part S of chapter 62 of the laws of 2003, is amended to
read as follows:
(e) (i) The first statement of registration filed annually by each
lobbyist for calendar years through two thousand three shall be accompa-
nied by a registration fee of fifty dollars except that no registration
fee shall be required of a public corporation. A fee of fifty dollars
shall be required for any subsequent statement of registration filed by
a lobbyist during the same calendar year; (ii) The first statement of
registration filed annually by each lobbyist for calendar year two thou-
sand four shall be accompanied by a registration fee of one hundred
dollars except that no registration fee shall be required from any
lobbyist who in any year does not expend, incur or receive an amount in
excess of five thousand dollars of reportable compensation and expenses,
A. 4116 16
as provided in paragraph five of subdivision (b) of section one-h of
this article, for the purposes of lobbying or of a public corporation. A
fee of one hundred dollars shall be required for any subsequent state-
ment of registration filed by a lobbyist during the same calendar year;
(iii) The first statement of registration filed biennially by each
lobbyist for the first biennial registration requirements for calendar
years two thousand five and two thousand six and thereafter, shall be
accompanied by a registration fee of two hundred dollars except that no
registration fee shall be required from any lobbyist who in any year
does not expend, incur or receive an amount in excess of five thousand
dollars of reportable compensation and expenses, as provided in para-
graph five of subdivision (b) of section one-h of this article, for the
purposes of lobbying or of a public corporation. A fee of two hundred
dollars shall be required for any subsequent statement of registration
filed by a lobbyist during the same biennial period; (iv) The statement
of registration filed after the due date of a biennial registration
shall be accompanied by a registration fee that is prorated to one
hundred dollars for any registration filed after January first of the
second calendar year covered by the biennial reporting requirement. In
addition to the fees authorized by this section, the commission may
impose a fee for late filing of a registration statement required by
this section not to exceed twenty-five dollars for each day that the
statement required to be filed is late, except that if the lobbyist
making a late filing has not previously been required by statute to file
such a statement, the fee for late filing shall not exceed ten dollars
for each day that the statement required to be filed is late; (V) FIFTY
DOLLARS OF ANY REGISTRATION FEE THAT IS EQUAL TO OR GREATER THAN ONE
HUNDRED DOLLARS AND THAT IS PAID AFTER JANUARY FIRST, TWO THOUSAND FOUR-
TEEN, SHALL BE DEPOSITED TO THE CREDIT OF THE CLEAN ELECTION CAMPAIGN
FINANCE FUND ESTABLISHED IN SECTION 14-164 OF THE ELECTION LAW.
S 5. Subdivision 1 of section 14-102 of the election law, as amended
by chapter 8 and as redesignated by chapter 9 of the laws of 1978, is
amended to read as follows:
1. The treasurer of every political committee which, or any officer,
member or agent of any such committee who, in connection with any
election, receives or expends any money or other valuable thing or
incurs any liability to pay money or its equivalent shall file state-
ments sworn, or subscribed and bearing a form notice that false state-
ments made therein are punishable as a class A misdemeanor pursuant to
section 210.45 of the penal law, at the times prescribed by this article
setting forth all the receipts, contributions to and the expenditures by
and liabilities of the committee, and of its officers, members and
agents in its behalf. Such statements shall include the dollar amount of
any receipt, contribution or transfer, or the fair market value of any
receipt, contribution or transfer, which is other than of money, the
name [and], address AND OCCUPATION of the transferor, contributor or
person from whom received, THE NAME, ADDRESS AND OCCUPATION OF THE
TRANSFEROR'S OR CONTRIBUTOR'S EMPLOYER, IF ANY, and if the transferor,
contributor or person is a political committee; the name of and the
political unit represented by the committee, the date of its receipt,
the dollar amount of every expenditure, the name and address of the
person to whom it was made or the name of and the political unit repres-
ented by the committee to which it was made and the date thereof, and
shall state clearly the purpose of such expenditure. Any statement
reporting a loan shall have attached to it a copy of the evidence of
indebtedness. Expenditures in sums under fifty dollars need not be
A. 4116 17
specifically accounted for by separate items in said statements, and
receipts and contributions aggregating not more than ninety-nine
dollars, from any one contributor need not be specifically accounted for
by separate items in said statements, provided however, that such
expenditures, receipts and contributions shall be subject to the other
provisions of section 14-118 of this article. ANY RECEIPT, CONTRIBUTION
OR TRANSFER FOR WHICH THE INFORMATION REQUIRED BY THIS SUBDIVISION IS
NOT PROVIDED, SHALL NOT BE DEEMED AVAILABLE FOR USE BY A POLITICAL
COMMITTEE.
S 6. Subdivision 1 of section 14-108 of the election law, as amended
by chapter 955 of the laws of 1983, is amended to read as follows:
1. The statements required by this article shall be filed at such
times as the state board of elections, by rule or regulation, shall
specify; provided, however, that in no event shall the board provide for
fewer than three filings in the aggregate in connection with any prima-
ry, general or special election, or in connection with a question to be
voted on and two of said filings shall be before any such election,
including one such filing not less than thirty days nor more than
forty-five days prior to such election [and], one such filing not less
than eleven days nor more than fifteen days prior to such election, ONE
SUCH FILING SHALL INCLUDE THE PERIOD FROM JANUARY ELEVENTH, THROUGH
MARCH THIRTY-FIRST, AND ONE SUCH FILING SHALL INCLUDE THE PERIOD FROM
APRIL FIRST THROUGH MAY THIRTY-FIRST. In addition, the board shall
provide that every political committee which has filed a statement of
treasurer and depository shall make at least one filing every six months
between the time such statement of treasurer and depository is filed and
the time such committee goes out of business. If any candidate or
committee shall be required by the provisions of this section, or by
rule or regulation hereunder, to effect two filings within a period of
five days, the state board of elections may, by rule or regulation,
waive the requirement of filing the earlier of such statements. If a
statement filed by a candidate or committee after the election to which
it pertains is not a final statement showing satisfaction of all liabil-
ities and disposition of all assets, such candidate or committee shall
file such additional statements as the board shall, by rule or regu-
lation provide until such a final statement is filed.
S 7. Section 14-114 of the election law, subdivision 1 as amended and
subdivision 10 as added by chapter 79 of the laws of 1992, paragraphs a
and b of subdivision 1 as amended by chapter 659 of the laws of 1994,
subdivision 3 as amended by chapter 517 of the laws of 1986, subdivi-
sions 4, 5, 7 and 8 as amended by chapter 8 of the laws of 1978, para-
graph a of subdivision 6 as amended and subdivisions 2, 4, 5, 6, 7, 8
and paragraph b of subdivision 6 as redesignated by chapter 9 of the
laws of 1978, is amended to read as follows:
S 14-114. Contribution and receipt limitations. 1. The following limi-
tations apply to all contributions to candidates for election to any
public office or for nomination for any such office, or for election to
any party positions, and to all contributions to political committees
working directly or indirectly with any candidate to aid or participate
in such candidate's nomination or election[, other than any contrib-
utions to any party committee or constituted committee]:
a. In any election for a public office to be voted on by the voters of
the entire state, or for nomination to any such office, no contributor
may make a contribution to any candidate or political committee, and no
candidate or political committee may accept any contribution from any
contributor, which is in the aggregate amount greater than[: (i) in the
A. 4116 18
case of any nomination to public office, the product of the total number
of enrolled voters in the candidate's party in the state, excluding
voters in inactive status, multiplied by $.005, but such amount shall be
not less than four thousand dollars nor more than twelve] ONE thousand
dollars [as increased or decreased by the cost of living adjustment
described in paragraph c of this subdivision, and (ii) in the case of
any election to a public office, twenty-five thousand dollars as
increased or decreased by the cost of living adjustment described in
paragraph c of this subdivision; provided however, that the maximum
amount which may be so contributed or accepted, in the aggregate, from
any candidate's child, parent, grandparent, brother and sister, and the
spouse of any such persons, shall not exceed in the case of any nomi-
nation to public office an amount equivalent to the product of the
number of enrolled voters in the candidate's party in the state, exclud-
ing voters in inactive status, multiplied by $.025, and in the case of
any election for a public office, an amount equivalent to the product of
the number of registered voters in the state excluding voters in inac-
tive status, multiplied by $.025].
b. In any other election for party position or for election to a
public office or for nomination for any such office, no contributor may
make a contribution to any candidate or political committee and no
candidate or political committee may accept any contribution from any
contributor, which is in the aggregate amount greater than[: (i) in the
case of any election for party position, or for nomination to public
office, the product of the total number of enrolled voters in the candi-
date's party in the district in which he is a candidate, excluding
voters in inactive status, multiplied by $.05, and (ii) in the case of
any election for a public office, the product of the total number of
registered voters in the district, excluding voters in inactive status,
multiplied by $.05, however in the case of a nomination within the city
of New York for the office of mayor, public advocate or comptroller,
such amount shall be not less than four thousand dollars nor more than
twelve thousand dollars as increased or decreased by the cost of living
adjustment described in paragraph c of this subdivision; in the case of
an election within the city of New York for the office of mayor, public
advocate or comptroller, twenty-five thousand dollars as increased or
decreased by the cost of living adjustment described in paragraph c of
this subdivision; in the case of a nomination for state senator, four
thousand dollars as increased or decreased by the cost of living adjust-
ment described in paragraph c of this subdivision; in the case of an
election for state senator, six thousand two hundred fifty dollars as
increased or decreased by the cost of living adjustment described in
paragraph c of this subdivision; in the case of an election or nomi-
nation for a member of the assembly, twenty-five hundred dollars as
increased or decreased by the cost of living adjustment described in
paragraph c of this subdivision; but in no event shall any such maximum
exceed fifty thousand dollars or be less than one thousand dollars;
provided however, that the maximum amount which may be so contributed or
accepted, in the aggregate, from any candidate's child, parent, grand-
parent, brother and sister, and the spouse of any such persons, shall
not exceed in the case of any election for party position or nomination
for public office an amount equivalent to the number of enrolled voters
in the candidate's party in the district in which he is a candidate,
excluding voters in inactive status, multiplied by $.25 and in the case
of any election to public office, an amount equivalent to the number of
registered voters in the district, excluding voters in inactive status,
A. 4116 19
multiplied by $.25; or twelve hundred fifty dollars, whichever is great-
er, or in the case of a nomination or election of a state senator, twen-
ty thousand dollars, whichever is greater, or in the case of a nomi-
nation or election of a member of the assembly twelve thousand five
hundred dollars, whichever is greater, but in no event shall any such
maximum exceed] one [hundred] thousand dollars.
c. At the beginning of each fourth calendar year, commencing in nine-
teen hundred ninety-five, the state board shall determine the percentage
of the difference between the most recent available monthly consumer
price index for all urban consumers published by the United States
bureau of labor statistics and such consumer price index published for
the same month four years previously. The amount of each contribution
limit fixed in this subdivision shall be adjusted by the amount of such
percentage difference to the closest one hundred dollars by the state
board which, not later than the first day of February in each such year,
shall issue a regulation publishing the amount of each such contribution
limit. Each contribution limit as so adjusted shall be the contribution
limit in effect for any election held before the next such adjustment.
2. For purposes of this section, contributions other than of money
shall be evaluated at their fair market value. The state board of
elections shall promulgate regulations, consistent with law, governing
the manner of computing fair market value.
3. [As used in this section the term "contributor" shall not include a
party committee supporting the candidate of such party or a constituted
committee supporting the candidate of such party.
4.] For purposes of this section, a portion of every contribution to a
party committee, expended as other than non-candidate expenditures, and
a portion of every contribution to a political committee authorized to
support more than one candidate, shall be deemed contributed to every
candidate supported by such committee. That portion shall be determined
by allocating the contributions received by the committee among all the
candidates supported by the committee in accordance with any formula
based upon reasonable standards established by the committee. The state-
ments filed by such committee in accordance with this article shall set
forth, in addition to the other information required to be set forth,
the total amount received by the committee from each contributor on
behalf of all such candidates and the amount of each such contribution
allocated to each candidate by dollar amount and percentage. Nothing in
this subdivision shall require allocating contributions expended on
non-candidate expenditures to candidates.
[5. No constituted committee may expend, in any twelve month period
terminating on the day of a general election, other than as non-candi-
date expenditures, any portion of any individual contribution which
exceeds, in the case of a state committee, one-half of one cent for each
registered voter in the state, or, in the case of any other constituted
committee, the greater of one cent for each registered voter in the
district in which the committee is organized or five hundred dollars.
The number of such voters shall be determined as of the date of such
general election or as of the date of the general election in whichever
of the preceding four years shall result in the greatest number.
6] 4. a. A loan made to a candidate or political committee, other
than a constituted committee, by any person, firm, association or corpo-
ration other than in the regular course of the lender's business shall
be deemed, to the extent not repaid by the date of the primary, general
or special election, as the case may be, a contribution by such person,
firm, association or corporation.
A. 4116 20
b. A loan made to a candidate or political committee, other than a
constituted committee, by any person, firm, association or corporation
in the regular course of the lender's business shall be deemed, to the
extent not repaid by the date of the primary, general or special
election, as the case may be, a contribution by the obligor on the loan
and by any other person endorsing, cosigning, guaranteeing, collateral-
izing or otherwise providing security for the loan.
[7. For the purposes of this section, the number of registered or
enrolled voters shall be determined as of the date of the general,
special or primary election, as the case may be or as of the date of the
general election in any of the preceding four years, whichever date
shall result in the greatest number and candidates running jointly for
the offices of governor and lieutenant governor in a general or special
election shall be deemed to be one candidate.
8] 5. Except as may otherwise be provided for a candidate and his
family, no person may contribute, loan or guarantee in excess of [one
hundred fifty] TWENTY-FIVE thousand dollars within the state in
connection with the nomination or election of persons to state and local
public offices and party positions within the state of New York in any
one calendar year. For the purposes of this subdivision "loan" or "guar-
antee" shall mean a loan or guarantee which is not repaid or discharged
in the calendar year in which it is made.
[10. a. No contributor may make a contribution to a party or consti-
tuted committee and no such committee may accept a contribution from any
contributor which, in the aggregate, is greater than sixty-two thousand
five hundred dollars per annum.
b. At the beginning of each fourth calendar year, commencing in nine-
teen hundred ninety-five, the state board shall determine the percentage
of the difference between the most recent available monthly consumer
price index for all urban consumers published by the United States
bureau of labor statistics and such consumer price index published for
the same month four years previously. The amount of such contribution
limit fixed in paragraph a of this subdivision shall be adjusted by the
amount of such percentage difference to the closest one hundred dollars
by the state board which, not later than the first day of February in
each such year, shall issue a regulation publishing the amount of such
contribution limit. Such contribution limit as so adjusted shall be the
contribution limit in effect for any election held before the next such
adjustment.]
S 8. Section 3-100 of the election law is REPEALED and a new section
3-100 is added to read as follows:
S 3-100. STATE BOARD OF ELECTIONS. 1. THERE SHALL BE A STATE BOARD OF
ELECTIONS CONSISTING OF FIVE MEMBERS. ONE MEMBER OF THE BOARD SHALL BE
APPOINTED BY THE GOVERNOR, WHO SHALL BE THE CHAIRPERSON, ONE MEMBER
SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, ONE MEMBER
SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE MEMBER SHALL BE
APPOINTED BY THE SENATE MINORITY LEADER, ONE MEMBER SHALL BE APPOINTED
BY THE ASSEMBLY MINORITY LEADER. THE MEMBERS SHALL FIRST BE APPOINTED TO
SERVE AS FOLLOWS:
(A) ONE MEMBER APPOINTED BY THE GOVERNOR, AS CHAIRPERSON, FOR A TERM
OF FIVE YEARS;
(B) ONE MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY FOR A TERM OF
THREE YEARS;
(C) ONE MEMBER APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE FOR
A TERM OF THREE YEARS;
A. 4116 21
(D) ONE MEMBER APPOINTED BY THE SENATE MINORITY LEADER FOR A TERM OF
TWO YEARS;
(E) ONE MEMBER APPOINTED BY THE ASSEMBLY MINORITY LEADER FOR A TERM OF
TWO YEARS.
EACH TERM SHALL COMMENCE ON APRIL FIRST, TWO THOUSAND FOURTEEN. THER-
EAFTER, EACH MEMBER SHALL BE APPOINTED FOR A TERM OF FIVE YEARS ACCORD-
ING TO THE ORIGINAL MANNER OF APPOINTMENT. IN CASE OF A VACANCY IN THE
OFFICE OF A MEMBER, A MEMBER SHALL BE APPOINTED TO SERVE FOR THE REMAIN-
DER OF THE UNEXPIRED TERM ACCORDING TO THE ORIGINAL MANNER OF APPOINT-
MENT. EACH MEMBER SHALL BE A RESIDENT OF THE STATE, REGISTERED TO VOTE
THEREIN. EACH MEMBER SHALL AGREE NOT TO MAKE CONTRIBUTIONS TO ANY CANDI-
DATE FOR NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE OF GOVER-
NOR, LIEUTENANT GOVERNOR, COMPTROLLER, ATTORNEY GENERAL OR MEMBER OF THE
LEGISLATURE. NO MEMBER SHALL SERVE AS AN OFFICER OF A POLITICAL PARTY
OR BE A CANDIDATE OR PARTICIPATE IN ANY CAPACITY IN A CAMPAIGN BY A
CANDIDATE FOR NOMINATION FOR ELECTION OR ELECTION TO THE OFFICE OF
GOVERNOR, LIEUTENANT GOVERNOR, COMPTROLLER, ATTORNEY GENERAL OR MEMBER
OF THE LEGISLATURE. OFFICERS AND EMPLOYEES OF THE STATE OR ANY STATE
AGENCY, LOBBYISTS REQUIRED TO FILE A STATEMENT OF REGISTRATION UNDER THE
LOBBYING ACT AND THE EMPLOYEES OF SUCH LOBBYISTS SHALL NOT BE ELIGIBLE
TO BE MEMBERS OF THE BOARD. MEMBERS OF THE BOARD SHALL BE SELECTED
SOLELY ON THE BASIS OF MERIT AND WITHOUT REGARD TO POLITICAL AFFILIATION
AND SHALL NOT BE DISQUALIFIED FROM CONTINUING IN OFFICE FOR ANY REASON
OTHER THAN UNFITNESS OR INABILITY TO PERFORM THE DUTIES INVOLVED.
2. THE MEMBERS OF THE BOARD SHALL BE COMPENSATED AT THE RATE OF ONE
HUNDRED DOLLARS PER CALENDAR DAY WHEN PERFORMING THE WORK OF THE BOARD.
3. THE BOARD MAY EMPLOY NECESSARY STAFF, INCLUDING AN EXECUTIVE DIREC-
TOR AND A COUNSEL, AND MAKE NECESSARY EXPENDITURES SUBJECT TO APPROPRI-
ATION. THE BOARD MAY EMPLOY SUCH STAFF, INCLUDING LEGAL AND ACCOUNTING
STAFF, AS ARE NECESSARY FOR PROVIDING TECHNICAL ASSISTANCE TO PROSPEC-
TIVE AND PARTICIPATING CANDIDATES, FOR THE PURPOSE OF PROMOTING UNDER-
STANDING OF, PARTICIPATION IN, AND COMPLIANCE WITH THE REQUIREMENTS OF
THE CAMPAIGN FINANCE PROGRAM CREATED BY ARTICLE FOURTEEN-A OF THIS CHAP-
TER.
4. NO MEMBER OF THE BOARD SHALL BE REMOVED FROM OFFICE EXCEPT FOR
CAUSE AND UPON NOTICE AND HEARING.
S 9. Section 3-104 of the election law is amended by adding a new
subdivision 3-a to read as follows:
3-A. IF AFTER AN INVESTIGATION, THE STATE BOARD OF ELECTIONS FINDS
REASONABLE CAUSE TO BELIEVE THAT A VIOLATION OF ARTICLE FOURTEEN OF THIS
CHAPTER HAS TAKEN PLACE, IT MAY INSTITUTE AN ADJUDICATORY PROCEEDING IN
ACCORDANCE WITH SECTION 3-105 OF THIS TITLE FOR THE PURPOSE OF DETERMIN-
ING WHETHER OR NOT A VIOLATION HAS TAKEN PLACE AND ASSESSING A CIVIL
PENALTY PURSUANT TO SECTION 14-126 OF THIS CHAPTER.
S 10. Subdivision 4 of section 3-104 of the election law, as redesig-
nated by chapter 9 of the laws of 1978, is amended to read as follows:
4. The state [or other] board of elections may, where appropriate,
commence a judicial proceeding [with respect to the filing or failure to
file any statement of receipts, expenditures, or contributions, under
the provisions] SEEKING CIVIL PENALTIES PURSUANT TO SUBDIVISION ONE OF
SECTION 14-126 of this chapter[, and the state board of elections may
direct the appropriate other board of elections to commence such
proceeding].
S 11. The election law is amended by adding a new section 3-109 to
read as follows:
A. 4116 22
S 3-109. ADJUDICATORY PROCEEDING. 1. EXCEPT AS OTHERWISE PROVIDED IN
THIS SECTION, AN ADJUDICATORY PROCEEDING TO DETERMINE WHETHER OR NOT A
VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER HAS TAKEN PLACE AND TO
ASSESS A CIVIL PENALTY PURSUANT TO SECTION 14-126 OF THIS CHAPTER SHALL
BE CONDUCTED IN ACCORDANCE WITH ARTICLE THREE OF THE STATE ADMINISTRA-
TIVE PROCEDURE ACT.
2. SUCH PROCEEDING SHALL BE CONDUCTED BY A HEARING OFFICER SELECTED ON
A RANDOM BASIS BY THE STATE BOARD OF ELECTIONS FROM AN ACTIVE LIST OF AT
LEAST SIX ATTORNEYS WHO HAVE APPLIED FOR AND BEEN APPROVED BY THE BOARD
AS HEARING OFFICERS. SUCH HEARING OFFICER SHALL BE A STATE BOARD OF
ELECTIONS COMMISSIONER OR AN INDEPENDENT CONTRACTOR WHO SHALL BE COMPEN-
SATED ON A PER DIEM BASIS AT A RATE FIXED BY THE BOARD IN ITS REGU-
LATIONS PROMULGATED PURSUANT TO THIS SECTION.
3. THE HEARING OFFICER SHALL PREPARE AND SUBMIT TO THE STATE BOARD OF
ELECTIONS, TOGETHER WITH THE ENTIRE RECORD OF THE PROCEEDING, A WRITTEN
REPORT CONTAINING FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDA-
TIONS CONCERNING THE IMPOSITION OF A CIVIL PENALTY.
4. AFTER REVIEWING THE RECORD, FINDINGS, AND RECOMMENDATIONS OF THE
HEARING OFFICER, THE STATE BOARD SHALL MAKE A DETERMINATION AS TO WHETH-
ER OR NOT A VIOLATION HAS OCCURRED AND, WHENEVER APPROPRIATE, IMPOSE A
PENALTY CONSISTENT WITH SECTION 14-126 OF THIS CHAPTER. REGARDLESS OF
WHETHER OR NOT A PENALTY IS ASSESSED, THE STATE BOARD OF ELECTIONS SHALL
ISSUE A WRITTEN DETERMINATION SETTING FORTH ITS FINDINGS AND CONCLU-
SIONS.
5. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES AND REGULATIONS
TO IMPLEMENT THE PROVISIONS OF THIS SECTION AND SUBDIVISION THREE-A OF
SECTION 3-104 OF THIS TITLE, INCLUDING, BUT NOT LIMITED TO, PROCEDURAL
RULES AS PROVIDED FOR IN SUBDIVISION THREE OF SECTION THREE HUNDRED ONE
OF THE STATE ADMINISTRATIVE PROCEDURE ACT, FACTORS TO BE CONSIDERED IN
SETTING A PENALTY AMOUNT PURSUANT TO SUBDIVISION ONE OF SECTION 14-126
OF THIS CHAPTER, A PER DIEM COMPENSATION RATE FOR HEARING OFFICERS, AND
ANY QUALIFICATIONS FOR HEARING OFFICERS WHICH THE BOARD DEEMS NECESSARY
IN ORDER TO INSURE THEIR OBJECTIVITY AND INDEPENDENCE. CONCERNING SUCH
QUALIFICATIONS, THE RULES AND REGULATIONS SHALL PROVIDE, AT A MINIMUM,
THAT HEARING OFFICERS BE MEMBERS IN GOOD STANDING OF THE BAR OF THIS
STATE, THAT THEY REFRAIN FROM APPEARING BEFORE THE STATE BOARD OF
ELECTIONS OR FROM ANY ACTIVITIES AS A LOBBYIST, AND THAT THEY HOLD NO
PUBLIC OFFICE OR PARTY POSITION.
6. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS LIMITING ANY EXISTING
POWERS OF THE STATE BOARD OF ELECTIONS, INCLUDING, BUT NOT LIMITED TO,
ITS INVESTIGATIVE POWERS AND ITS POWER TO REFER VIOLATIONS WARRANTING
CRIMINAL PROSECUTION TO THE APPROPRIATE DISTRICT ATTORNEY.
S 12. If any section of this act or any part thereof shall be adjudged
by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder or any other
section or part thereof.
S 13. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.