Senate Bill S4009

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

                                  4009

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 4, 2013
                               ___________

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

AN ACT enacting the "2013 Campaign Finance Reform  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 election law, in relation to
  limiting personal use of campaign funds, establishing certain contrib-
  ution limits, identification of the source of certain political commu-
  nications  and  providing  for  a state board of elections enforcement
  unit and counsel

  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 Campaign Finance Reform 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  3. The article heading of article 14 of the election law is amended
to read as follows:

          CAMPAIGN RECEIPTS AND EXPENDITURES; PUBLIC FINANCING

  S 4. Section 14-100 of the election law is amended by adding four  new
subdivisions 12, 13, 14 and 15 to read as follows:
  12. "CLEARLY IDENTIFIED CANDIDATE" MEANS THAT:
  (A) THE NAME OF THE CANDIDATE INVOLVED APPEARS;
  (B) A PHOTOGRAPH OR DRAWING OF THE CANDIDATE APPEARS; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09405-01-3
              

S. 4009                             2

  (C)  THE  IDENTITY  OF THE CANDIDATE IS APPARENT BY UNAMBIGUOUS REFER-
ENCE.
  13. "GENERAL PUBLIC AUDIENCE" MEANS AN AUDIENCE COMPOSED OF MEMBERS OF
THE  PUBLIC,  INCLUDING  A  TARGETED  SUBGROUP OF MEMBERS OF THE PUBLIC;
PROVIDED, HOWEVER, IT DOES NOT MEAN  AN  AUDIENCE  SOLELY  COMPRISED  OF
MEMBERS,  RETIREES  AND STAFF OF A LABOR ORGANIZATION OR THEIR IMMEDIATE
FAMILY MEMBERS OR AN AUDIENCE SOLELY COMPRISED OF EMPLOYEES OF  A  BUSI-
NESS ENTITY.
  14.  "LABOR  ORGANIZATION"  MEANS  ANY  ORGANIZATION OF ANY KIND WHICH
EXISTS FOR THE PURPOSE, IN WHOLE OR IN PART, OF  REPRESENTING  EMPLOYEES
EMPLOYED  WITHIN  THE  STATE  OF  NEW  YORK IN DEALING WITH EMPLOYERS OR
EMPLOYER ORGANIZATIONS OR WITH A STATE GOVERNMENT, OR ANY  POLITICAL  OR
CIVIL  SUBDIVISION  OR OTHER AGENCY THEREOF, CONCERNING TERMS AND CONDI-
TIONS OF EMPLOYMENT, GRIEVANCES, LABOR DISPUTES, OR OTHER MATTERS  INCI-
DENTAL  TO  THE EMPLOYMENT RELATIONSHIP.  FOR THE PURPOSES OF THIS ARTI-
CLE, EACH LOCAL, PARENT NATIONAL OR PARENT INTERNATIONAL ORGANIZATION OF
A STATEWIDE LABOR ORGANIZATION, AND EACH STATEWIDE FEDERATION  RECEIVING
DUES FROM SUBSIDIARY LABOR ORGANIZATIONS, SHALL BE CONSIDERED A SEPARATE
LABOR ORGANIZATION.
  15.  "INTERMEDIARY"  MEANS  AN  INDIVIDUAL,  CORPORATION, PARTNERSHIP,
POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION, OR OTHER ENTITY WHICH, OTHER
THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY, OR MESSEN-
GER 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.
  S  5.  Section  14-106 of the election law, as amended by section 2 of
part E of chapter 399 of the  laws  of  2011,  is  amended  to  read  as
follows:
  S 14-106. Political communication. The statements required to be filed
under  the provisions of this [article] TITLE next succeeding a primary,
general or special election shall be accompanied by a copy of all broad-
cast, cable or satellite schedules  and  scripts,  internet,  print  and
other  types of advertisements, pamphlets, circulars, flyers, brochures,
letterheads and other printed matter purchased or produced, AND  REPROD-
UCTIONS  OF  STATEMENTS  OR INFORMATION CONVEYED TO FIVE HUNDRED OR MORE
MEMBERS OF A GENERAL PUBLIC AUDIENCE BY  COMPUTER  OR  OTHER  ELECTRONIC
MEANS,  purchased  in  connection  with  such  election  by or under the
authority of the person filing the statement or  the  committee  or  the
person  on  whose  behalf  it is filed, as the case may be. Such copies,
schedules and scripts shall be preserved by the officer with whom or the
board with which it is required to be filed for a  period  of  one  year
from the date of filing thereof.
  S  6.  The  election  law is amended by adding a new section 14-107 to
read as follows:
  S 14-107. INDEPENDENT EXPENDITURE REPORTING. 1. FOR PURPOSES  OF  THIS
TITLE:
  (A)  "INDEPENDENT  EXPENDITURE"  MEANS AN EXPENDITURE MADE BY A PERSON
FOR AN AUDIO OR VIDEO COMMUNICATION TO A  GENERAL  PUBLIC  AUDIENCE  VIA
BROADCAST,  CABLE  OR  SATELLITE OR A WRITTEN COMMUNICATION TO A GENERAL
PUBLIC  AUDIENCE  VIA  ADVERTISEMENTS,  PAMPHLETS,  CIRCULARS,   FLYERS,
BROCHURES,  LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
MATION CONVEYED TO FIVE HUNDRED OR MORE  MEMBERS  OF  A  GENERAL  PUBLIC
AUDIENCE  BY  COMPUTER  OR OTHER ELECTRONIC DEVICES WHICH: (I) EXPRESSLY
ADVOCATES THE ELECTION OR DEFEAT OF A CLEARLY  IDENTIFIED  CANDIDATE  OR
THE  SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE, THE

S. 4009                             3

CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL  COMMITTEE
FORMED  TO  PROMOTE  THE  SUCCESS  OR DEFEAT OF A BALLOT PROPOSAL OR ITS
AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN  ANY
SUCH COMMUNICATION.
  (B) INDEPENDENT EXPENDITURES DO NOT INCLUDE:
  (I)  A COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY, OR
EDITORIAL OR DISTRIBUTED THROUGH  THE  FACILITIES  OF  ANY  BROADCASTING
STATION,  CABLE  OR  SATELLITE UNLESS SUCH PUBLICATION OR FACILITIES ARE
OWNED OR CONTROLLED BY  ANY  POLITICAL  PARTY,  POLITICAL  COMMITTEE  OR
CANDIDATE; OR
  (II) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR
  (III)  A  COMMUNICATION  WHICH  CONSTITUTES  AN EXPENDITURE MADE BY AN
ENTITY REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.
  (C) "ELECTIONEERING COMMUNICATION" MEANS A COMMUNICATION THAT:  (I) IS
DISSEMINATED BY MEANS OF A RADIO, TELEVISION, CABLE, OR SATELLITE BROAD-
CAST, A PAID ADVERTISEMENT SUCH AS IN A PERIODICAL OR ON A BILLBOARD, OR
A MASS MAILING; (II) IS DISSEMINATED WITHIN THIRTY  DAYS  OF  A  COVERED
PRIMARY  OR  SPECIAL ELECTION, OR WITHIN SIXTY DAYS OF A COVERED GENERAL
ELECTION; AND (III) REFERS TO ONE  OR  MORE  CLEARLY  IDENTIFIED  BALLOT
PROPOSALS  AND/OR  CANDIDATES  FOR  A COVERED ELECTION.   ELECTIONEERING
COMMUNICATION SHALL NOT INCLUDE A CANDIDATE-RELATED  COMMUNICATION  MADE
BY  AN  ORGANIZATION  OPERATING  AND  REMAINING  IN  GOOD STANDING UNDER
SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986.
  (D) FOR THE PURPOSES OF THIS SECTION, THE TERM "MASS MAILING" MEANS  A
MAILING BY UNITED STATES MAIL, COMMON CARRIER, OR FACSIMILE OF MORE THAN
FIVE  HUNDRED  PIECES  OF  MAIL  MATTER OF AN IDENTICAL OR SUBSTANTIALLY
SIMILAR NATURE WITHIN ANY THIRTY-DAY PERIOD.
  (E) FOR PURPOSES OF THIS SECTION, THE TERM "PERSON" SHALL MEAN PERSON,
GROUP OF PERSONS, ENTITY, ORGANIZATION, CORPORATION OR ASSOCIATION.
  (F) FOR PURPOSES OF THIS SECTION, THE TERM "INDEPENDENT SPENDER" SHALL
MEAN AN INDIVIDUAL OR ENTITY THAT MAKES AN INDEPENDENT EXPENDITURE.
  2. WHENEVER ANY PERSON MAKES ONE OR MORE INDEPENDENT EXPENDITURES THAT
IN THE AGGREGATE EXCEEDS ONE THOUSAND DOLLARS IN ANY CALENDAR YEAR, SUCH
COMMUNICATION DESCRIBED IN SUBDIVISION ONE OF THIS SECTION SHALL CLEARLY
STATE, WITH RESPECT TO COMMUNICATIONS  REGARDING  CANDIDATES,  THAT  THE
COMMUNICATION  IS NOT AUTHORIZED BY ANY CANDIDATE, ANY CANDIDATE'S POLI-
TICAL COMMITTEE OR ANY OF ITS AGENTS.  A KNOWING AND  WILLFUL  VIOLATION
OF  THE  PROVISIONS  OF  THIS  SUBDIVISION SHALL SUBJECT THE PERSON TO A
CIVIL PENALTY EQUAL TO ONE THOUSAND DOLLARS OR THE COST OF THE  COMMUNI-
CATION,  WHICHEVER  IS  GREATER, IN A SPECIAL PROCEEDING OR CIVIL ACTION
BROUGHT BY THE STATE BOARD OF ELECTIONS.
  3. (A) ANY PERSON WHICH MAKES INDEPENDENT EXPENDITURES OR ELECTIONEER-
ING COMMUNICATIONS THAT COST MORE  THAN  ONE  THOUSAND  DOLLARS  IN  THE
AGGREGATE  SHALL  REPORT SUCH INDEPENDENT EXPENDITURES OR ELECTIONEERING
COMMUNICATIONS TO THE STATE BOARD OF ELECTIONS IN THE  MANNER  SPECIFIED
IN SECTION 14-108 OF THIS TITLE.
  (B)  ANY  INDEPENDENT EXPENDITURE OR ELECTIONEERING COMMUNICATION MADE
AFTER THE CLOSE OF THE PERIOD TO BE COVERED IN THE LAST STATEMENT  FILED
BEFORE  ANY  PRIMARY,  GENERAL  OR  SPECIAL  ELECTION,  BUT  BEFORE SUCH
ELECTION, SHALL BE REPORTED WITHIN TWENTY-FOUR HOURS IN THE SAME  MANNER
AS PROVIDED FOR IN SUBDIVISION TWO OF SECTION 14-108 OF THIS TITLE.
  4. EACH SUCH STATEMENT SHALL INCLUDE:
  (A) THE NAME AND ADDRESS OF THE PERSON MAKING THE STATEMENT;
  (B)  THE  NAME, ADDRESS, OCCUPATION, AND EMPLOYER OF THE PERSON MAKING
THE INDEPENDENT EXPENDITURE OR ELECTIONEERING COMMUNICATION;

S. 4009                             4

  (C) THE NAME, ADDRESS, OCCUPATION, AND EMPLOYER OF ANY PERSON OR ENTI-
TY PROVIDING A GIFT, LOAN, ADVANCE OR DEPOSIT OF ONE HUNDRED DOLLARS  OR
MORE FOR THE INDEPENDENT EXPENDITURE OR ELECTIONEERING COMMUNICATION, OR
THE  PROVISION  OF  SERVICES  FOR  THE  SAME, AND THE DATE IT WAS GIVEN;
PROVIDED, HOWEVER, THE NAME AND ADDRESS OF A MEMBER OF A LABOR ORGANIZA-
TION IS NOT REQUIRED FOR A GIFT, LOAN, ADVANCE OR DEPOSIT OF ONE HUNDRED
DOLLARS  OR  MORE  TO A LABOR ORGANIZATION OR A LABOR ORGANIZATION POLI-
TICAL ACTION COMMITTEE;
  (D) THE DOLLAR AMOUNT PAID FOR EACH INDEPENDENT EXPENDITURE OR ELECTI-
ONEERING COMMUNICATION, THE NAME AND ADDRESS OF  THE  PERSON  OR  ENTITY
RECEIVING  THE  PAYMENT, THE DATE THE PAYMENT WAS MADE AND A DESCRIPTION
OF THE INDEPENDENT EXPENDITURE OR ELECTIONEERING COMMUNICATION; AND
  (E) THE ELECTION TO WHICH THE INDEPENDENT EXPENDITURE OR  ELECTIONEER-
ING COMMUNICATION PERTAINS AND THE NAME OF THE CLEARLY IDENTIFIED CANDI-
DATE OR THE BALLOT PROPOSAL REFERENCED.
  5.  ANY  REPORT  MADE PURSUANT TO THIS SECTION SHALL INCLUDE A COPY OF
ALL MATERIALS THAT PERTAIN TO THE INDEPENDENT  EXPENDITURE  OR  ELECTIO-
NEERING  COMMUNICATION, INCLUDING BUT NOT LIMITED TO BROADCAST, CABLE OR
SATELLITE SCHEDULE AND SCRIPTS,  ADVERTISEMENTS,  PAMPHLETS,  CIRCULARS,
FLYERS, BROCHURES, LETTERHEADS AND OTHER PRINTED MATTER.
  6. ANY REPORT OF A LOAN THAT IS MADE FOR AN INDEPENDENT EXPENDITURE OR
ELECTIONEERING  COMMUNICATION  SHALL  INCLUDE  WRITTEN  EVIDENCE  OF THE
INDEBTEDNESS.
  7. CONTRIBUTIONS:
  (A) WHEN AN INDEPENDENT  SPENDER  THAT  IS  AN  ENTITY  MAKES  COVERED
EXPENDITURES  OF  ONE  HUNDRED DOLLARS OR MORE AGGREGATING FIVE THOUSAND
DOLLARS OR MORE IN THE TWELVE MONTHS PRECEDING THE ELECTION FOR COMMUNI-
CATIONS THAT REFER TO ANY SINGLE CANDIDATE, IT IS REQUIRED TO REPORT:
  (I) ALL CONTRIBUTIONS ACCEPTED FROM OTHER ENTITIES SINCE THE FIRST DAY
OF THE CALENDAR YEAR PRECEDING THE YEAR OF THE COVERED ELECTION; AND
  (II) ALL  CONTRIBUTIONS  AGGREGATING  ONE  THOUSAND  DOLLARS  OR  MORE
ACCEPTED  FROM  AN  INDIVIDUAL  DURING  THE  TWELVE MONTHS PRECEDING THE
ELECTION.
  (B) EACH CONTRIBUTIONS SHALL BE DISCLOSED IN THE REPORTING  PERIOD  IN
WHICH IT WAS RECEIVED. THE INDEPENDENT SPENDER SHALL PROVIDE:
  (I)  FOR  EACH CONTRIBUTION ACCEPTED FROM ANOTHER ENTITY, THE ENTITY'S
NAME, ADDRESS, AND TYPE OF ORGANIZATION;
  (II) FOR EACH CONTRIBUTION ACCEPTED FROM AN INDIVIDUAL,  THE  INDIVID-
UAL'S NAME, ADDRESS, OCCUPATION, AND EMPLOYER INFORMATION;
  (III)  FOR  EACH  CONTRIBUTION  THE DATE OF RECEIPT AND AMOUNT OF EACH
SUCH CONTRIBUTION ACCEPTED; AND
  (IV) FOR EACH CONTRIBUTION SUCH OTHER SIMILAR INFORMATION AS THE STATE
BOARD OF ELECTIONS MAY REQUIRE.
  (C) CONTRIBUTIONS THAT ARE EARMARKED FOR AN ELECTION  THAT  IS  NOT  A
COVERED ELECTION, OR FOR AN EXPLICITLY STATED NON-ELECTORAL PURPOSE, ARE
NOT  REQUIRED  TO  BE  REPORTED; PROVIDED, HOWEVER THAT RECORDS OF THESE
CONTRIBUTIONS MUST BE MAINTAINED AND MAY BE REQUESTED BY THE STATE BOARD
OF ELECTIONS TO VERIFY THEIR QUALIFICATION FOR THIS EXEMPTION.
  8. EVERY STATEMENT REQUIRED TO BE FILED PURSUANT TO THIS SECTION SHALL
BE FILED BY ELECTRONIC REPORTING PROCESS OR OVERNIGHT MAIL TO THE  STATE
BOARD OF ELECTIONS.
  9.  THE  STATE  BOARD  OF  ELECTIONS SHALL PROMULGATE REGULATIONS WITH
RESPECT TO THE STATEMENTS REQUIRED TO BE FILED BY THIS SECTION AND SHALL
PROVIDE FORMS SUITABLE FOR SUCH STATEMENTS.
  S 7. Section 14-112 of the election law, as amended by chapter 930  of
the laws of 1981, is amended to read as follows:

S. 4009                             5

  S 14-112.  Political committee authorization statement.  Any political
committee  aiding  or  taking  part in the election or nomination of any
candidate, other than by making contributions, shall file, in the office
in which the statements of such committee are to be  filed  pursuant  to
this [article] TITLE, either a sworn verified statement by the treasurer
of  such  committee  that  the  candidate  has  authorized the political
committee to aid or take part in his election or that the candidate  has
not authorized the committee to aid or take part in his election.
  S  8.  Section  14-126 of the election law, as amended by section 3 of
part E of chapter 399 of the  laws  of  2011,  is  amended  to  read  as
follows:
  S  14-126.  Violations;  penalties.  1. Any person who fails to file a
statement required to be filed by this [article] TITLE shall be  subject
to  a civil penalty, not in excess of one thousand dollars, to be recov-
erable in a special proceeding or civil action  to  be  brought  by  the
state  board  of  elections or other board of elections. Any person who,
three or more times within a given  election  cycle  for  such  term  of
office,  fails to file a statement or statements required to be filed by
this [article] TITLE, shall be subject to a civil penalty, not in excess
of ten thousand dollars, to be  recoverable  as  provided  for  in  this
subdivision.
  2.  ANY PERSON WHO KNOWINGLY AND WILLFULLY FAILS TO IDENTIFY INDEPEND-
ENT  EXPENDITURES  AS  REQUIRED  BY SUBDIVISION TWO OF SECTION 14-107 OF
THIS TITLE OR KNOWINGLY  AND  WILLFULLY  FAILS  TO  FILE  THE  STATEMENT
REQUIRED  BY  SUBDIVISION  TWO  OF SECTION 14-112 OF THIS TITLE SHALL BE
SUBJECT TO A CIVIL PENALTY IN  A  SPECIAL  PROCEEDING  OR  CIVIL  ACTION
BROUGHT BY THE STATE BOARD OF ELECTIONS.
  3.  Any person who, acting as or on behalf of a candidate or political
committee, under circumstances evincing an intent to violate  such  law,
unlawfully accepts a contribution in excess of a contribution limitation
established  in  this  [article] TITLE, shall be required to refund such
excess amount and shall be subject to  a  civil  penalty  equal  to  the
excess amount plus a fine of up to ten thousand dollars, to be recovera-
ble  in  a special proceeding or civil action to be brought by the state
board of elections.
  [3.] 4. Any person who knowingly and willfully fails to file a  state-
ment  required to be filed by this [article] TITLE within ten days after
the date provided for filing such statement or any person who  knowingly
and willfully violates any other provision of this [article] TITLE shall
be guilty of a misdemeanor.
  [4.] 5. Any person who knowingly and willfully contributes, accepts or
aids  or  participates  in the acceptance of a contribution in an amount
exceeding an applicable maximum specified in this [article] TITLE  shall
be guilty of a misdemeanor.
  [5.] 6. Any person who shall, acting on behalf of a candidate or poli-
tical committee, knowingly and willfully solicit, organize or coordinate
the formation of activities of one or more unauthorized committees, make
expenditures  in connection with the nomination for election or election
of any candidate, or solicit any person to make any  such  expenditures,
for  the  purpose of evading the contribution limitations of this [arti-
cle] TITLE, shall be guilty of a class E felony.
  S 9. Sections 14-100 through 14-132 of article 14 of the election  law
are  designated  title  1  and  a  new title heading is added to read as
follows:
                   CAMPAIGN RECEIPTS AND EXPENDITURES

S. 4009                             6

  S 10. 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. ELIGIBILITY.
        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. EXAMINATIONS AND AUDITS; REPAYMENTS.
        14-214. CIVIL PENALTIES.
        14-216. DEBATES.
  S  14-200.  DEFINITIONS. AS USED IN THIS TITLE, UNLESS ANOTHER MEANING
IS CLEARLY INDICATED:
  1. THE TERM "STATE BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
  2. THE TERM "ELIGIBLE CANDIDATE" SHALL MEAN A CANDIDATE FOR 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  POLITICAL
COMMITTEE  WHICH A CANDIDATE CERTIFIES IS THE COMMITTEE THAT WILL SOLELY
BE USED TO PARTICIPATE IN THE PUBLIC  FINANCING  SYSTEM  ESTABLISHED  BY
THIS TITLE AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY, GENERAL
OR  SPECIAL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT.  A MULTI-CAN-
DIDATE 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 "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 ONE HUNDRED SEVENTY-FIVE DOLLARS,  WHICH  HAVE  BEEN
REPORTED IN FULL BY THE CANDIDATE'S PARTICIPATING COMMITTEE TO THE STATE
BOARD,  INCLUDING THE CONTRIBUTOR'S FULL NAME AND RESIDENTIAL ADDRESS. A
LOAN MAY NOT BE TREATED AS A MATCHABLE CONTRIBUTION.
  THE FOLLOWING CONTRIBUTIONS ARE NOT MATCHABLE:
  (I) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;
  (II) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR AN  ITEM
WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
  (III)  CONTRIBUTIONS  IN  THE  FORM  OF THE PURCHASE PRICE PAID FOR OR
OTHERWISE INDUCED BY A CHANCE TO PARTICIPATE IN A  RAFFLE,  LOTTERY,  OR
SIMILAR DRAWING FOR VALUABLE PRIZES;
  (IV)  MONEY  ORDER CONTRIBUTIONS FROM ANY ONE CONTRIBUTOR THAT ARE, IN
THE AGGREGATE, GREATER THAN ONE HUNDRED DOLLARS;
  (V) CONTRIBUTIONS FROM INDIVIDUALS UNDER THE AGE OF EIGHTEEN YEARS;
  (VI) CONTRIBUTIONS FROM INDIVIDUAL VENDORS TO WHOM  THE  PARTICIPATING
CANDIDATE  OR  HIS  OR  HER PRINCIPAL COMMITTEE MAKES AN EXPENDITURE, IN
FURTHERANCE OF THE NOMINATION FOR ELECTION OR ELECTION  COVERED  BY  THE

S. 4009                             7

CANDIDATE'S  CERTIFICATION,  UNLESS  SUCH  EXPENDITURE IS REIMBURSING AN
ADVANCE; AND
  (VII) CONTRIBUTION FROM LOBBYISTS REGISTERED PURSUANT TO ARTICLE ONE-A
OF THE LEGISLATIVE LAW.
  6. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE
FOR WHICH PUBLIC FUNDS MAY BE USED.
  7.  THE  TERM  "FUND"  SHALL  MEAN THE NEW YORK STATE CAMPAIGN FINANCE
FUND.
  8. 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 14-202  OF  THIS
TITLE,  IN  ORDER  TO  QUALIFY FOR OPTIONAL PUBLIC FINANCING PURSUANT TO
THIS TITLE.
  9. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS IN  SUBDIVI-
SION NINE OF SECTION 14-100 OF THIS ARTICLE.
  10.  THE  TERM  "PUBLIC  FUNDING LIMIT" SHALL MEAN THE TOTAL AMOUNT OF
PUBLIC FUNDS THAT A PARTICIPATING CANDIDATE MAY RECEIVE FOR ANY  PRIMARY
OR GENERAL ELECTION.
  S 14-202. 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-
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 STATE BOARD ANY EVIDENCE IT MAY
REASONABLY  REQUEST  RELATING  TO  HIS  OR  HER CAMPAIGN EXPENDITURES OR
CONTRIBUTIONS AND FURNISH SUCH OTHER PROOF OF COMPLIANCE WITH THIS TITLE
AS MAY BE REQUESTED BY THE STATE BOARD;
  (E) HAVE A SINGLE AUTHORIZED  POLITICAL  COMMITTEE  WHICH  HE  OR  SHE
CERTIFIES AS THE 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-FIVE THOUSAND DOLLARS FROM AT  LEAST  TWO
HUNDRED  FIFTY  MATCHABLE  CONTRIBUTIONS  MADE  UP  OF SUMS OF UP TO TWO
HUNDRED FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK

S. 4009                             8

STATE INCLUDING AT LEAST TWELVE THOUSAND FIVE HUNDRED  DOLLARS  FROM  AT
LEAST  ONE HUNDRED TWENTY-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  CONDITIONAL 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.
  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.
  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 AT LEAST
ONE OTHER CANDIDATE FOR SUCH OFFICE IN SUCH ELECTION HAS ALSO  QUALIFIED
FOR THE BALLOT.
  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  FOR 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, IN EXCESS OF  THE  FAIR
MARKET  VALUE OF THE SERVICES, MATERIALS, FACILITIES, OR OTHER THINGS OF
VALUE RECEIVED IN EXCHANGE;
  (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

S. 4009                             9

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, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER CAMPAIGN MATERI-
AL.
  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 STATE 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 STATE BOARD  IN  ACCORD-
ANCE  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 EXPENDITURE 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 STATE BOARD SHALL PROMPTLY EXAMINE ALL REPORTS OF CONTRIBUTIONS
TO  DETERMINE  WHETHER THEY MEET THE REQUIREMENTS FOR MATCHABLE CONTRIB-
UTIONS, AND SHALL KEEP A RECORD OF SUCH CONTRIBUTIONS.
  5. THE STATE BOARD SHALL PROMULGATE REGULATIONS FOR THE  CERTIFICATION
OF  THE AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER, FROM THE FUND ESTAB-
LISHED 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  STATE  BOARD  SHALL INSTITUTE PROCEDURES WHICH WILL MAKE
POSSIBLE PAYMENT BY THE FUND WITHIN FOUR 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

S. 4009                            10

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 EXPENDITURE 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 COMMITTEE MAY
ACCEPT FROM A STATE PARTY 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 EXPENDITURE 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  COMMITTEE  MAY
ACCEPT  FROM  A STATE PARTY COMMITTEE WHICH HAS NOMINATED SUCH CANDIDATE
SERVICES IN AN AMOUNT WHICH, IN  THE  AGGREGATE,  DOES  NOT  EXCEED  ONE
MILLION  DOLLARS;  PROVIDED,  HOWEVER,  THAT TWENTY-FIVE PERCENT OF SUCH
AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (C) NOTWITHSTANDING THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED  BY
THIS  TITLE  FOR  CANDIDATES  WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, A
PARTICIPATING CANDIDATE FOR STATE  SENATOR  IN  A  PRIMARY,  GENERAL  OR
SPECIAL  ELECTION OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE MAY ACCEPT
FROM A  STATE  PARTY  COMMITTEE  WHICH  HAS  NOMINATED  SUCH  CANDIDATE,
SERVICES  IN  AN  AMOUNT  WHICH,  IN  THE AGGREGATE, DOES NOT EXCEED ONE
HUNDRED THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE PERCENT OF
SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (D) NOTWITHSTANDING THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED  BY
THIS  TITLE  FOR  CANDIDATES  WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, A
PARTICIPATING CANDIDATE FOR MEMBER OF THE ASSEMBLY IN A PRIMARY, GENERAL
OR SPECIAL ELECTION OR  SUCH  CANDIDATE'S  PARTICIPATING  COMMITTEE  MAY
ACCEPT  FROM A STATE PARTY 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.
  (E) NOTWITHSTANDING THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED  BY
THIS  TITLE  FOR  CANDIDATES  WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, A
PARTICIPATING  CANDIDATE  FOR  DELEGATE  AT-LARGE  TO  A  CONSTITUTIONAL
CONVENTION  IN  A  GENERAL  ELECTION  OR  SUCH CANDIDATE'S PARTICIPATING
COMMITTEE MAY ACCEPT FROM A STATE PARTY 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 EXPENDITURE 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  CONSTITUTIONAL
CONVENTION IN A  GENERAL  ELECTION  OR  SUCH  CANDIDATE'S  PARTICIPATING
COMMITTEE  MAY  ACCEPT  FROM A STATE PARTY 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 PARTY COMMITTEE
INCLUDES ANY OF ITS SUBCOMMITTEES.

S. 4009                            11

  3. NOTWITHSTANDING ANY EXPENDITURE 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 EACH SUCH
CANDIDATE  FOR  STATEWIDE  OFFICE OF SUCH PARTY WHO HAS AGREED TO ACCEPT
PUBLIC FINANCING, AN AMOUNT WHICH SHALL NOT EXCEED THE SUM OF TWO  CENTS
FOR EACH VOTER REGISTERED IN SUCH COUNTY AS DETERMINED BY THE 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  PARTY  COMMITTEE  OR  A  COUNTY
COMMITTEE IN SUPPORT OF MORE THAN ONE CANDIDATE SHALL BE ALLOCATED AMONG
SUCH  CANDIDATES  SUPPORTED BY THE COMMITTEE IN ACCORDANCE WITH FORMULAS
PROMULGATED BY THE STATE BOARD OR,  IN  THE  ABSENCE  OF  SUCH  OFFICIAL
FORMULAS,  IN ACCORDANCE WITH A FORMULA BASED UPON REASONABLE STANDARDS.
THE STATEMENTS FILED BY SUCH PARTY COMMITTEE  IN  ACCORDANCE  WITH  THIS
CHAPTER  SHALL SET FORTH, IN ADDITION TO THE OTHER INFORMATION REQUIRED,
THE TOTAL AMOUNT EXPENDED BY THE PARTY COMMITTEE ON BEHALF OF  ALL  SUCH
CANDIDATES  AND  THE AMOUNT ALLOCATED TO EACH CANDIDATE BY DOLLAR AMOUNT
AND PERCENTAGE.  EXPENDITURES BY A PARTY FOR  ACTIVITIES  WHICH  DO  NOT
SUPPORT OR OPPOSE THE ELECTION OF ANY CANDIDATE OR CANDIDATES BY NAME OR
BY CLEAR INFERENCE SHALL NOT BE REGARDED AS EXPENDITURES ON BEHALF OF OR
IN OPPOSITION TO A CANDIDATE.
  5.  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
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.   CONTRIBUTIONS TO A PARTICIPATING CANDIDATE OR
PARTICIPATING COMMITTEE WHICH WERE RECEIVED BEFORE JANUARY FIRST OF  THE
YEAR  IN  WHICH  THE  PRIMARY OR GENERAL ELECTION IS HELD FOR THE PUBLIC
OFFICE SOUGHT OR, IN THE CASE OF A SPECIAL ELECTION RECEIVED  MORE  THAN
SIX  MONTHS  BEFORE  THE  SPECIAL  ELECTION,  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
EXPENDITURE  LIMITATIONS APPLY TO THE RECEIPT OF PUBLIC FUNDS BY PARTIC-
IPATING CANDIDATES AND THEIR  PARTICIPATING  COMMITTEES  RECEIVING  SUCH
PUBLIC FUNDS PURSUANT TO THE PROVISIONS OF THIS TITLE:
  1. (A) IN ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS BY PARTICIPAT-
ING CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
  (I)  FOR  GOVERNOR, THE SUM OF ONE DOLLAR AND TEN CENTS FOR EACH VOTER
ENROLLED IN THE CANDIDATE'S PARTY IN THE STATE; PROVIDED, HOWEVER,  SUCH
SUM  SHALL  NOT BE LESS THAN NINE HUNDRED THOUSAND DOLLARS NOR MORE THAN
NINE MILLION DOLLARS;
  (II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
OF ONE DOLLAR AND TEN CENTS FOR EACH VOTER ENROLLED IN  THE  CANDIDATE'S
PARTY  IN  THE STATE; PROVIDED, HOWEVER, SUCH SUM SHALL NOT BE LESS THAN
SIX HUNDRED THOUSAND DOLLARS NOR MORE THAN SIX MILLION DOLLARS;
  (III) FOR SENATOR, THE SUM OF TWO DOLLARS AND  FIFTY  CENTS  FOR  EACH
VOTER  ENROLLED  IN  THE  CANDIDATE'S  PARTY  IN  THE  SENATE  DISTRICT;

S. 4009                            12

PROVIDED, HOWEVER, SUCH SUM SHALL NOT BE LESS THAN THIRTY-FIVE  THOUSAND
DOLLARS NOR MORE THAN THREE HUNDRED FIFTY THOUSAND DOLLARS;
  (IV)  FOR  MEMBER  OF  THE  ASSEMBLY, THE SUM OF TWO DOLLARS AND FIFTY
CENTS FOR EACH VOTER ENROLLED IN THE CANDIDATE'S PARTY IN  THE  ASSEMBLY
DISTRICT;  PROVIDED,  HOWEVER,  SUCH  SUM SHALL NOT BE LESS THAN FIFTEEN
THOUSAND DOLLARS NOR MORE THAN ONE HUNDRED FIFTY THOUSAND DOLLARS;
  (V) FOR AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION, THE  SUM  OF
FIFTEEN  CENTS  FOR  EACH VOTER ENROLLED IN THE CANDIDATE'S PARTY IN THE
STATE; PROVIDED, HOWEVER, SUCH SUM SHALL NOT BE LESS  THAN  SEVENTY-FIVE
THOUSAND  DOLLARS  NOR  MORE  THAN  ONE  HUNDRED  SEVENTY-FIVE  THOUSAND
DOLLARS;
  (VI) FOR DISTRICT DELEGATES TO A CONSTITUTIONAL CONVENTION, THE SUM OF
ONE DOLLAR AND TEN CENTS FOR EACH  VOTER  ENROLLED  IN  THE  CANDIDATE'S
PARTY  IN  THE  DISTRICT;  PROVIDED, HOWEVER, SUCH SUM SHALL NOT BE LESS
THAN FIVE THOUSAND DOLLARS NOR MORE THAN FIFTY THOUSAND DOLLARS;
  (B) THE ENROLLMENT NUMBERS USED TO CALCULATE THE PUBLIC FUNDS  RECEIPT
LIMITS  PROVIDED  FOR  IN THIS SUBDIVISION SHALL BE THE ENROLLMENTS DULY
REPORTED BY THE APPROPRIATE BOARD OR  BOARDS  AS  OF  THE  LAST  GENERAL
ELECTION PRECEDING THE PRIMARY ELECTION.
  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             $12,000,000
 (COMBINED)
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        $350,000
 CONVENTION
DISTRICT DELEGATE TO A CONSTITUTIONAL        $75,000
 CONVENTION
  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.
  5.  EXPENDITURES  FOR LEGAL FEES AND REASONABLE EXPENSES TO DEFEND THE
VALIDITY OF PETITIONS OF DESIGNATION OR NOMINATION  OR  CERTIFICATES  OF
NOMINATION,  ACCEPTANCE,  AUTHORIZATION, DECLINATION OR SUBSTITUTION, OR
TO SUCCESSFULLY CHALLENGE ANY SUCH PETITION OR CERTIFICATE ON GROUNDS OF
FRAUD, OR FOR EXPENSES INCURRED TO  COMPLY  WITH  THE  CAMPAIGN  FINANCE
REPORTING  REQUIREMENTS  OF  THIS  ARTICLE,  SHALL NOT BE SUBJECT TO THE
EXPENDITURE LIMITS OF THIS SUBDIVISION.
  S 14-212. EXAMINATIONS AND AUDITS; REPAYMENTS. 1. THE ENFORCEMENT UNIT
OF THE STATE BOARD SHALL CONDUCT A THOROUGH EXAMINATION AND AUDIT OF THE
CONTRIBUTIONS AND  QUALIFIED  CAMPAIGN  EXPENSES  OF  THE  PARTICIPATING
COMMITTEE  OF EVERY PARTICIPATING CANDIDATE WHO RECEIVED PAYMENTS PURSU-
ANT TO SECTION 14-206 OF THIS TITLE.

S. 4009                            13

  2. (A) IF THE STATE 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 CANDIDATE WAS  ENTI-
TLED  PURSUANT  TO  SECTION  14-206  OF THIS TITLE, IT SHALL NOTIFY SUCH
COMMITTEE OF THE EXCESS AMOUNT AND SUCH COMMITTEE SHALL PAY TO THE STATE
BOARD AN AMOUNT EQUAL TO THE AMOUNT OF EXCESS PAYMENTS.
  (B) IF THE STATE BOARD DETERMINES THAT ANY AMOUNT OF PAYMENT MADE TO 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 STATE BOARD AN AMOUNT EQUAL  TO  SUCH  DISQUALIFIED
AMOUNT.
  (C)  IF THE TOTAL OF CONTRIBUTIONS AND PAYMENTS FROM THE FUND RECEIVED
BY  ANY  PARTICIPATING  CANDIDATE  AND  SUCH  CANDIDATE'S  PARTICIPATING
COMMITTEE,  EXCEEDS  THE  CAMPAIGN  EXPENDITURES  OF  SUCH CANDIDATE AND
COMMITTEE, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS  FUNDS  TO
REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH COMMITTEE FROM THE FUND
NOT LATER THAN TEN DAYS AFTER ALL PERMISSIBLE LIABILITIES HAVE BEEN PAID
AND  IN ANY EVENT, NOT LATER THAN MARCH THIRTY-FIRST OF THE YEAR FOLLOW-
ING THE YEAR OF THE ELECTION FOR WHICH SUCH PAYMENTS WERE  INTENDED.  NO
SUCH EXCESS FUNDS SHALL BE USED FOR ANY OTHER PURPOSE.
  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
STATE  BOARD  AN  AMOUNT  EQUAL TO THE TOTAL OF PUBLIC FUNDS RECEIVED BY
SUCH PARTICIPATING COMMITTEE.
  4. THE STATE BOARD MUST PROVIDE WRITTEN NOTICE  OF  ALL  PAYMENTS  DUE
FROM  A  PARTICIPATING  CANDIDATE  OR  SUCH CANDIDATE'S COMMITTEE TO THE
STATE 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 STATE BOARD, THE AMOUNT DUE SHALL BE  PAID  TO  THE
STATE BOARD WITHIN THIRTY DAYS OF SUCH DETERMINATION.
  5.  ALL  PAYMENTS RECEIVED BY THE STATE BOARD PURSUANT TO THIS SECTION
SHALL BE DEPOSITED IN THE NEW YORK STATE CAMPAIGN  FINANCE  FUND  ESTAB-
LISHED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  S 14-214. CIVIL PENALTIES. 1. ANY PERSON WHO FAILS TO FILE A STATEMENT
OR RECORD REQUIRED TO BE FILED BY THIS TITLE OR THE RULES OR REGULATIONS
OF THE STATE BOARD IN IMPLEMENTATION THEREOF SHALL BE SUBJECT TO A CIVIL
PENALTY,  NOT IN EXCESS OF FIVE THOUSAND DOLLARS, TO BE RECOVERABLE IN A
SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE STATE BOARD.
  2. ALL PAYMENTS RECEIVED BY THE STATE BOARD PURSUANT TO  THIS  SECTION
SHALL  BE  DEPOSITED  IN THE NEW YORK STATE CAMPAIGN FINANCE FUND ESTAB-
LISHED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  S 14-216. DEBATES. THE STATE BOARD  SHALL  PROMULGATE  REGULATIONS  TO
FACILITATE  DEBATES AMONG PARTICIPATING CANDIDATES. PARTICIPATING CANDI-
DATES ARE REQUIRED TO PARTICIPATE IN AT  LEAST  ONE  DEBATE  BEFORE  THE
PRIMARY  ELECTION AND IN AT LEAST ONE DEBATE BEFORE THE GENERAL ELECTION
FOR WHICH THE CANDIDATE RECEIVES PUBLIC FUNDS, UNLESS THE  PARTICIPATING
CANDIDATE  IS  RUNNING  UNOPPOSED. A NONPARTICIPATING CANDIDATE MAY BE A
PARTY TO SUCH DEBATES.
  S 11. 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 14-202 OF THIS CHAPTER AND ANY  QUESTION

S. 4009                            14

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  STATE BOARD SHALL BE MADE A PARTY TO ANY SUCH
PROCEEDING.
  3. UPON THE STATE 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 SUBDIVISION FOUR OF
SECTION  14-212 OF THIS CHAPTER, THE STATE BOARD IS AUTHORIZED TO INSTI-
TUTE A SPECIAL PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY COUN-
TY, TO OBTAIN A JUDGMENT FOR ANY AMOUNTS DETERMINED TO BE PAYABLE TO THE
STATE BOARD AS A RESULT OF AN EXAMINATION AND  AUDIT  MADE  PURSUANT  TO
TITLE II OF ARTICLE FOURTEEN OF THIS CHAPTER.
  4.  THE STATE 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 STATE BOARD PURSUANT TO
SECTION 14-214 OF THIS CHAPTER.
  S 12. 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 OF ELECTIONS 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  OF  ELECTIONS  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.
  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 13. 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  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW  YORK
STATE CAMPAIGN FINANCE FUND.

S. 4009                            15

  2.  SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE NEW YORK
STATE CAMPAIGN FINANCE FUND CHECK-OFF  PURSUANT  TO  SUBSECTION  (F)  OF
SECTION  SIX  HUNDRED FIFTY-EIGHT OF THE TAX LAW, FROM THE GENERAL FUND,
AND FROM ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER
FUND OR SOURCE PURSUANT TO LAW.
  3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE  EXPENDED  FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT
TO TITLE II OF ARTICLE FOURTEEN OF THE ELECTION  LAW.  MONEYS  SHALL  BE
PAID  OUT  OF THE FUND ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER
ON VOUCHERS CERTIFIED OR APPROVED BY THE STATE BOARD  OF  ELECTIONS,  OR
ITS DULY DESIGNATED REPRESENTATIVE, IN THE MANNER PRESCRIBED BY LAW, NOT
MORE  THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS RECEIVED BY THE STATE
COMPTROLLER.
  4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  IF,  IN  ANY
STATE  FISCAL  YEAR, THE STATE CAMPAIGN FINANCE FUND LACKS THE AMOUNT OF
MONEY TO PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES  AND  CERTIFIED
OR  APPROVED  BY THE STATE BOARD OF ELECTIONS, ANY SUCH DEFICIENCY SHALL
BE PAID, UPON AUDIT AND WARRANT OF THE  STATE  COMPTROLLER,  FROM  FUNDS
DEPOSITED  IN  THE  GENERAL FUND OF THE STATE NOT MORE THAN FOUR WORKING
DAYS AFTER SUCH VOUCHER IS RECEIVED BY THE STATE COMPTROLLER.
  5. COMMENCING IN TWO THOUSAND EIGHTEEN, IF THE SURPLUS IN THE FUND  ON
APRIL  FIRST  OF  THE  YEAR  AFTER A YEAR IN WHICH A GOVERNOR IS ELECTED
EXCEEDS TWENTY-FIVE PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER  THE
PREVIOUS  FOUR YEARS, THE EXCESS SHALL REVERT TO THE GENERAL FUND OF THE
STATE.
  6. NO 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 CANDIDATES IN  A
SPECIAL  ELECTION  ANY  EARLIER  THAN THE DAY AFTER THE LAST DAY TO FILE
CERTIFICATES OF PARTY NOMINATION FOR SUCH SPECIAL ELECTION.
  9. NO 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 14. Section 658 of the tax law is amended by adding a new subsection
(f) to read as follows:
  (F)  NEW  YORK  STATE  CAMPAIGN FINANCE FUND CHECK-OFF.   (1) FOR EACH
TAXABLE YEAR BEGINNING ON AND AFTER JANUARY FIRST,  TWO  THOUSAND  THIR-
TEEN, EVERY INDIVIDUAL WHOSE NEW YORK STATE INCOME TAX LIABILITY FOR THE
TAXABLE  YEAR  FOR WHICH THE RETURN IS FILED IS FIVE DOLLARS OR MORE MAY
DESIGNATE ON SUCH RETURN THAT FIVE DOLLARS BE PAID  INTO  THE  NEW  YORK
STATE  CAMPAIGN  FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T OF THE
STATE FINANCE LAW.  WHERE A HUSBAND AND WIFE FILE  A  JOINT  RETURN  AND
HAVE  A  NEW  YORK  STATE  INCOME TAX LIABILITY FOR THE TAXABLE YEAR FOR
WHICH THE RETURN IS FILED OF TEN  DOLLARS  OR  MORE,  OR  FILE  SEPARATE
RETURNS  ON  A  SINGLE FORM, EACH SUCH TAXPAYER MAY MAKE SEPARATE DESIG-

S. 4009                            16

NATIONS ON SUCH RETURN OF FIVE DOLLARS TO BE  PAID  INTO  THE  NEW  YORK
STATE CAMPAIGN FINANCE FUND.
  (2)  THE  COMMISSIONER  SHALL  TRANSFER TO THE NEW YORK STATE CAMPAIGN
FINANCE FUND, ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE  STATE
FINANCE LAW, AN AMOUNT EQUAL TO FIVE DOLLARS MULTIPLIED BY THE NUMBER OF
DESIGNATIONS.
  (3)  FOR  PURPOSES  OF THIS SUBSECTION, THE INCOME TAX LIABILITY OF AN
INDIVIDUAL FOR ANY TAXABLE YEAR IS THE AMOUNT OF TAX IMPOSED UNDER  THIS
ARTICLE  REDUCED  BY  THE  SUM  OF  THE  CREDITS (AS SHOWN IN HIS OR HER
RETURN) ALLOWABLE UNDER THIS ARTICLE.
  (4) THE DEPARTMENT SHALL INCLUDE A PLACE ON EVERY PERSONAL INCOME  TAX
RETURN  FORM TO BE FILED BY AN INDIVIDUAL FOR A TAX YEAR BEGINNING ON OR
AFTER JANUARY  FIRST,  TWO  THOUSAND  THIRTEEN,  IMMEDIATELY  ABOVE  THE
CERTIFICATION  UNDER  WHICH  THE TAXPAYER IS REQUIRED TO SIGN SUCH FORM,
FOR SUCH TAXPAYER TO MAKE THE DESIGNATIONS DESCRIBED IN PARAGRAPH ONE OF
THIS SUBSECTION. SUCH RETURN FORM SHALL CONTAIN A CONCISE EXPLANATION OF
THE PURPOSE OF SUCH OPTIONAL DESIGNATIONS.
  S 15. Campaign finance review panel. 1. There is  hereby  created  and
established the "campaign finance review panel". The panel shall consist
of  the  commissioner of taxation and finance, the director of the divi-
sion of the budget, the state comptroller and the  two  members  of  the
state  board  of  elections  who rotate as chairperson of the board. The
commissioner of taxation and finance shall be chairperson.
  2. The panel is empowered and it shall be  its  duty  to  monitor  and
review  the  implementation of the 2012 Campaign Finance Reform Act. The
panel shall report to the governor and the legislature on March 31, 2014
and on March 31, 2016 and on March 31 of every  other  year  thereafter.
The  report  shall  include: (a) the number of candidates qualifying and
opting for public financing, the amounts expended for  this  purpose  in
the  preceding  fiscal year and a projection of the number of candidates
likely to qualify and opt for public financing and their expenditures in
future elections; (b) an analysis of the effect  of  the  2012  Campaign
Finance  Reform  Act on political campaigns, including its effect on the
sources and amounts of private financing, the level of campaign expendi-
tures, voter participation, the number of candidates and the candidate's
ability to campaign effectively for public office; (c) a review  of  the
procedures  utilized  in  providing  public funds to candidates; and (d)
such recommended changes in the 2012 Campaign Finance Reform Act  as  it
deems appropriate.
  S  16.  Subdivision 9 of section 14-100 of the election law is amended
by adding a new paragraph 4 to read as follows:
  (4) THE TERM "CONTRIBUTION" DOES NOT INCLUDE EXPENDITURES  BY  A  BONA
FIDE  MEMBERSHIP  ORGANIZATION IN SUPPORT OF THE FOLLOWING ACTIVITIES BY
MEMBERS OF THE ORGANIZATION WHO ARE VOLUNTEERING THEIR TIME ON BEHALF OF
A CANDIDATE, NOT TO EXCEED TWENTY-FIVE DOLLARS  PER  MEMBER  WHO  VOLUN-
TEERS,  FOR:  TRANSPORTATION  OF  VOLUNTEERS TO AND FROM CAMPAIGN ACTIV-
ITIES; COST OF FEEDING VOLUNTEERS WHILE VOLUNTEERING FOR  THE  CAMPAIGN;
AND  MATERIALS  SUCH  AS BADGES AND CLOTHING THAT IDENTIFIES THE NAME OF
THE ORGANIZATION AND/OR CANDIDATE.
  S 17. Paragraphs a and b of subdivision 1 of  section  14-114  of  the
election law, as amended by chapter 659 of the laws of 1994, are amended
to read as follows:
  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

S. 4009                            17

contributor, which is in the aggregate amount greater than:  (i) in  the
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]  MORE than [four] TWO 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, and (ii) in the
case  of  any  election  to  a public office, [twenty-five] TWO 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 aggre-
gate, 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  nomination to public office an amount equivalent to the product
of the number of enrolled voters in the candidate's party in the  state,
excluding  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 inactive 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 OR SHE is a candidate, exclud-
ing 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] MORE than [four] TWO 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]  TWO  thousand
dollars as increased or decreased  by  the  cost  of  living  adjustment
described  in  paragraph  c  of this subdivision; in the case of a nomi-
nation for state senator, [four] TWO 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 for  state  senator,  [six]
TWO  thousand  [two  hundred fifty] dollars as increased or decreased by
the cost of living adjustment described in paragraph c of this  subdivi-
sion;  in  the  case  of  an  election or nomination for a member of the
assembly, [twenty-five hundred] TWO THOUSAND  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 howev-
er, 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 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  OR  SHE  is  a  candidate,  excluding
voters  in  inactive  status,  multiplied by $.25 and in the case of any

S. 4009                            18

election to public office, an amount equivalent to the number of  regis-
tered  voters  in  the  district,  excluding  voters in inactive status,
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.
  S 18. Section 14-130 of the election law, as added by chapter  152  of
the laws of 1985, is amended to read as follows:
  S  14-130.  Campaign funds for personal use. 1. Contributions received
by a candidate or a political committee may ONLY be  expended  for  [any
lawful  purpose.  Such  funds  shall not be converted by any person to a
personal use which is unrelated to a political campaign or  the  holding
of  a  public  office  or  party  position]  BONA FIDE PURPOSES DIRECTLY
RELATED TO EITHER:
  A. PROMOTING THE NOMINATION OR ELECTION OF A CANDIDATE; OR
  B. PERFORMING THOSE DUTIES OF PUBLIC OFFICE OR  PARTY  POSITION  WHICH
ARE NOT PAID FOR OR ELIGIBLE FOR REIMBURSEMENT BY THE STATE OR ANY POLI-
TICAL SUBDIVISION OR PRIVATE PARTY.
  2. PERMISSIBLE ORDINARY AND NECESSARY EXPENSES RELATING TO THE HOLDING
OF PUBLIC OFFICE OR PARTY POSITION SHALL INCLUDE:
  A.  PRODUCTION  AND  CIRCULATION  OF FLYERS OR OTHER WRITTEN MATERIALS
RELATED TO DUTIES OF OFFICEHOLDER; THE PLACEMENT  OF  HOLIDAY  GREETINGS
AND  CONGRATULATORY  ADS AND MEMORIAL NOTICES IN LOCAL NEWSPAPERS, MAGA-
ZINES, JOURNALS OR OTHER PUBLICATION;
  B. SPONSORSHIP OR HOSTING OF COMMUNITY MEETINGS; TICKETS OR  DONATIONS
TO  LOCAL  CHARITABLE,  NON-PROFIT OR POLITICAL EVENTS, ORGANIZATIONS OR
ACTIVITIES  THAT  PROMOTE  THE  WELFARE  OF  CONSTITUENTS  OR  POLITICAL
CAMPAIGNS;
  C.  INCIDENTAL  EXPENDITURES FOR THE OPERATION OF LEGISLATIVE OFFICES,
INCLUDING PURCHASE OF ITEMS SUCH AS MEMORIAL OR GET-WELL GIFTS,  FLOWERS
OR SIMILAR ITEMS OF NOMINAL VALUE FOR CONSTITUENTS OR OTHERS;
  D. MEMBERSHIP IN ORGANIZATIONS RELATED TO OFFICIAL DUTIES AND COSTS OF
ATTENDING  INFORMATIONAL  MEETINGS  ATTENDED  IN  CONNECTION  WITH  SUCH
DUTIES; AND
  E. TRAVEL RELATED TO DUTIES OF OFFICE, PROVIDED THAT THE TRAVEL IS NOT
UNDERTAKEN FOR ANY PURPOSE RESULTING IN A PERSONAL OR FINANCIAL  BENEFIT
TO THE CANDIDATE OR OFFICEHOLDER. IF SUCH EXPENSES INVOLVE BOTH PERSONAL
ACTIVITY  AND  CAMPAIGN OR OFFICIAL ACTIVITIES, THE INCREMENTAL EXPENSES
ASSOCIATED WITH THE PERSONAL ACTIVITIES ARE  PERSONAL  USES  UNLESS  THE
CAMPAIGN  IS  REIMBURSED  FOR  SUCH  SUMS FROM OTHER THAN CAMPAIGN FUNDS
WITHIN THIRTY DAYS OF THE EXPENDITURE.
  NOTHING IN THIS SECTION SHALL PROHIBIT  A  CANDIDATE  FROM  PURCHASING
OFFICE  EQUIPMENT WITH PERSONAL FUNDS AND LEASING OR RENTING SUCH EQUIP-
MENT OR PROPERTY TO A COMMITTEE  WORKING  WITH  OR  FOR  THE  CANDIDATE,
PROVIDED THE CANDIDATE OR THE CAMPAIGN TREASURER SIGN A WRITTEN LEASE OR
RENTAL  AGREEMENT  AND  FILES  IT WITH THE APPROPRIATE REQUIRED CAMPAIGN
FINANCIAL FILING WHICH SHALL INCLUDE THE LEASE  OR  RENTAL  PRICE  WHICH
SHALL  NOT  EXCEED THE FAIR LEASE OR RENTAL VALUE OF THE EQUIPMENT OR IN
THE AGGREGATE EXCEED THE COST OF ITS PURCHASE.
  3. CAMPAIGN FUNDS SHALL NOT BE CONVERTED TO PERSONAL USE, WHICH  SHALL
BE DEFINED AS EXPENDITURES THAT:
  A. ARE FOR THE PERSONAL BENEFIT OF OR TO DEFRAY NORMAL LIVING EXPENSES
OF THE CANDIDATE, OFFICEHOLDER, IMMEDIATE FAMILY OR PARTNER OF EITHER OR
ANY OTHER PERSON;

S. 4009                            19

  B.  ARE  USED  TO  FULFILL ANY COMMITMENT, OBLIGATION, OR EXPENSE THAT
WOULD EXIST IRRESPECTIVE OF THE CANDIDATE'S CAMPAIGN  OR  DUTIES  AS  AN
OFFICEHOLDER; OR
  C. ARE PUT TO ANY USE FOR WHICH THE CANDIDATE OR OFFICEHOLDER WOULD BE
REQUIRED  TO  TREAT  THE AMOUNT OF THE EXPENDITURE AS GROSS INCOME UNDER
SECTION 61 OF THE INTERNAL REVENUE CODE.
  4. EXPENDITURES FOR PERSONAL USE  SHALL  ALSO  INCLUDE,  BUT  ARE  NOT
LIMITED TO, EXPENDITURES FOR:
  A.  RESIDENTIAL  OR  HOUSEHOLD  ITEMS,  SUPPLIES, MAINTENANCE OR OTHER
EXPENDITURES, INCLUDING MORTGAGE, RENT, UTILITIES, REPAIRS, OR  IMPROVE-
MENTS  FOR  ANY PART OF ANY PERSONAL RESIDENCE OF A CANDIDATE OR OFFICE-
HOLDER, HIS OR HER IMMEDIATE FAMILY OR PARTNER;
  B. RENT OR UTILITY PAYMENTS THAT EXCEED FAIR MARKET VALUE FOR  USE  OF
ANY  PART  OF  ANY  NON-RESIDENTIAL  PROPERTY OWNED BY A CANDIDATE, OR A
MEMBER OF A CANDIDATE'S FAMILY OR PARTNER USED FOR CAMPAIGN PURPOSES;
  C. SALARY AND OTHER FEES FOR BONA  FIDE  SERVICES  TO  A  CAMPAIGN  OR
LEGISLATIVE  OFFICE THAT EXCEED FAIR AND REASONABLE MARKET VALUE OF SUCH
SERVICES;
  D. INTEREST OR ANY OTHER FINANCE CHARGES  FOR  MONIES  LOANED  TO  THE
CAMPAIGN BY THE CANDIDATE OR THE SPOUSE OR PARTNER OF SUCH CANDIDATE;
  E. TUITION PAYMENTS;
  F. DUES, FEES, OR GRATUITIES AT PRIVATE CLUBS, RECREATIONAL FACILITIES
OR  OTHER  NONPOLITICAL  ORGANIZATIONS,  UNLESS  CONNECTED TO A SPECIFIC
WIDELY ATTENDED FUNDRAISING EVENT THAT TAKES PLACE ON THE ORGANIZATION'S
PREMISES;
  G. AUTOMOBILE PURCHASES OR LONG TERM LEASES; SHORT  TERM  CAR  RENTALS
AND  CELLULAR  EQUIPMENT  AND SERVICES NOT USED EXCLUSIVELY FOR CAMPAIGN
PURPOSES OR DUTIES AS AN OFFICEHOLDER;
  H. ADMISSION TO SPORTING EVENTS, CONCERTS, THEATERS, OR OTHER FORMS OF
ENTERTAINMENT, UNLESS  PART  OF  A  SPECIFIC  CAMPAIGN  OR  OFFICEHOLDER
RELATED ACTIVITY; AND
  I.  PAYMENT OF ANY FINES, FEES, OR PENALTIES ASSESSED PURSUANT TO THIS
CHAPTER.
  5. NO CAMPAIGN FUNDS SHALL BE USED TO PAY ATTORNEY'S FEES OR ANY COSTS
OF DEFENDING AGAINST ANY CIVIL OR CRIMINAL INVESTIGATION OR  PROSECUTION
FOR  ALLEGED  VIOLATIONS  OF  STATE  OR FEDERAL LAW ALLEGED TO HAVE BEEN
COMMITTED WHILE HOLDING PUBLIC OFFICE OR AS A CANDIDATE FOR OFFICE WHERE
THE CANDIDATE OR PUBLIC OR PARTY OFFICIAL, MEMBERS  OF  THEIR  IMMEDIATE
FAMILIES OR PARTNERS OR THE CAMPAIGN IS THE TARGET OF SUCH INVESTIGATION
OR  PROSECUTION  UNLESS  SUCH  EXPENDITURE IS USED EXCLUSIVELY FOR COSTS
RELATED TO CIVIL OR CRIMINAL ACTIONS FOR ALLEGED VIOLATIONS  RELATED  TO
ACTIVITIES PROMOTING THE NOMINATION OR ELECTION OF A CANDIDATE.
  S  19.  The  election law is amended by adding a new section 14-132 to
read as follows:
  S 14-132. DISPOSITION OF CAMPAIGN FUNDS. 1. AN  AUTHORIZED  CONTINUING
CANDIDATE COMMITTEE MUST DISPOSE OF ALL FUNDS AND CLOSE WITHIN TWO YEARS
AFTER  THE  LATER OF (A) THE END OF THE INDIVIDUAL'S MOST RECENT TERM OF
OFFICE, OR (B) THE DATE OF THE ELECTION IN WHICH THE INDIVIDUAL LAST WAS
A FILED CANDIDATE.
  2. ANY CANDIDATE OR POLITICAL COMMITTEE REQUIRED TO DISPOSE  OF  FUNDS
PURSUANT  TO  THIS SECTION SHALL, AT THE OPTION OF THE CANDIDATE, OR THE
TREASURER OF A POLITICAL COMMITTEE FORMED SOLELY TO PROMOTE THE  PASSAGE
OR  DEFEAT  OF  A  BALLOT  PROPOSAL, DISPOSE OF SUCH FUNDS BY ANY OF THE
FOLLOWING MEANS, OR ANY COMBINATION THEREOF:
  A. RETURNING, PRO RATA, TO EACH CONTRIBUTOR THE FUNDS  THAT  HAVE  NOT
BEEN SPENT OR OBLIGATED;

S. 4009                            20

  B.  DONATING  THE  FUNDS TO A CHARITABLE ORGANIZATION OR ORGANIZATIONS
THAT MEET THE QUALIFICATIONS OF SECTION 501(C)(3) OF THE INTERNAL REVEN-
UE CODE;
  C. DONATING THE FUNDS TO THE STATE UNIVERSITY;
  D. DONATING THE FUNDS TO THE STATE'S GENERAL FUND;
  E.  TRANSFERRING  THE  FUNDS TO A POLITICAL PARTY COMMITTEE REGISTERED
WITH THE STATE BOARD OF ELECTIONS; OR
  F. CONTRIBUTING THE FUNDS TO A CANDIDATE OR POLITICAL  COMMITTEE  SUCH
THAT THIS DOES NOT EXCEED THE LIMITS SET FORTH IN SECTION 14-114 OF THIS
TITLE.
  3. NO CANDIDATE OR POLITICAL COMMITTEE SHALL DISPOSE OF CAMPAIGN FUNDS
BY  MAKING EXPENDITURES FOR PERSONAL USE AS DEFINED IN SECTION 14-130 OF
THIS TITLE.
  4. UPON THE DEATH OF A CANDIDATE, FORMER CANDIDATE OR HOLDER OF  ELEC-
TIVE  OFFICE,  WHO  RECEIVED  CAMPAIGN  CONTRIBUTIONS, ALL CONTRIBUTIONS
SHALL BE DISPOSED OF ACCORDING TO THIS SECTION WITHIN TWELVE  MONTHS  OF
THE DEATH OF THE CANDIDATE.
  S  20. Subdivision 1 of section 14-102 of the election law, as amended
by chapter 8 and 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 [arti-
cle] TITLE 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 of the transferor, contributor,
INTERMEDIARY, or person from whom received,  IF  THE  CONTRIBUTOR  IS  A
LOBBYIST REGISTERED PURSUANT TO ARTICLE ONE-A OF THE LEGISLATIVE LAW and
if  the  transferor, contributor, INTERMEDIARY, or person is a political
committee; the name of and the political unit represented by the commit-
tee, 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 represented by the committee to which it was made
and the date thereof, and  shall  state  clearly  the  purpose  of  such
expenditure.    AN  INTERMEDIARY NEED NOT BE REPORTED FOR A CONTRIBUTION
THAT WAS COLLECTED FROM A CONTRIBUTOR IN  CONNECTION  WITH  A  PARTY  OR
OTHER CANDIDATE-RELATED EVENT HELD AT THE RESIDENCE OF THE PERSON DELIV-
ERING  THE CONTRIBUTION, UNLESS THE EXPENSES OF SUCH EVENT AT SUCH RESI-
DENCE FOR SUCH CANDIDATE EXCEED FIVE HUNDRED DOLLARS  OR  THE  AGGREGATE
CONTRIBUTIONS  RECEIVED  FROM THAT CONTRIBUTOR AT SUCH EVENT EXCEED FIVE
HUNDRED DOLLARS. 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 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  specif-
ically  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]
TITLE.

S. 4009                            21

  S 21. Subdivision 3 of section 3-100 of the election law,  as  amended
by chapter 220 of the laws of 2005, is amended to read as follows:
  3.  The  commissioners  of  the state board of elections shall have no
other public employment. The commissioners shall receive an annual sala-
ry of twenty-five thousand dollars, within the  amounts  made  available
therefor by appropriation. The board shall, for the purposes of sections
seventy-three  and  seventy-four of the public officers law, be a "state
agency", and such commissioners shall be "officers" of the  state  board
of  elections for the purposes of such sections. Within the amounts made
available by appropriation therefor, the state board of elections  shall
appoint  two co-executive directors, [counsel] AN ENFORCEMENT COUNSEL, A
DEPUTY ENFORCEMENT COUNSEL, WHO SHALL BE A MEMBER OF A  DIFFERENT  MAJOR
POLITICAL PARTY THAN THE ENFORCEMENT COUNSEL, A SPECIAL COUNSEL, A DEPU-
TY SPECIAL COUNSEL, WHO SHALL BE A MEMBER OF A DIFFERENT MAJOR POLITICAL
PARTY  THAN  THE  SPECIAL  COUNSEL, A DIRECTOR OF ELECTION OPERATIONS, A
DEPUTY DIRECTOR OF ELECTION OPERATIONS, WHO  SHALL  BE  A  MEMBER  OF  A
DIFFERENT  MAJOR  POLITICAL  PARTY  THAN  THE DIRECTOR OF ELECTION OPER-
ATIONS, A DIRECTOR OF PUBLIC INFORMATION, A DEPUTY  DIRECTOR  OF  PUBLIC
INFORMATION,  WHO SHALL BE A MEMBER OF A DIFFERENT MAJOR POLITICAL PARTY
THAN THE DIRECTOR OF PUBLIC INFORMATION and such other staff members  as
are  necessary  in  the  exercise  of  its  functions, and may fix their
compensation. [Anytime after the effective date of the  chapter  of  the
laws  of  two  thousand  five  which  amended this subdivision, the] THE
commissioners or, in the case of a vacancy on the board, the commission-
er of each of the major political parties shall appoint one co-executive
director. Each co-executive director shall serve a term of  four  years.
THE  ENFORCEMENT COUNSEL AND THE SPECIAL COUNSEL SHALL EACH SERVE A TERM
OF FOUR YEARS AND MAY ONLY BE REMOVED FOR CAUSE.   ANY  TIME  AFTER  THE
EFFECTIVE  DATE  OF  THE  CHAPTER  OF  THE LAWS OF TWO THOUSAND THIRTEEN
AMENDING THIS SUBDIVISION, THE COMMISSIONERS, OR IN THE CASE OF A VACAN-
CY ON THE BOARD, THE COMMISSIONER, OF EACH OF THE SAME  MAJOR  POLITICAL
PARTY  AS THE INCUMBENT ENFORCEMENT COUNSEL, DEPUTY ENFORCEMENT COUNSEL,
SPECIAL COUNSEL, DEPUTY SPECIAL  COUNSEL,  DIRECTOR  OF  ELECTION  OPER-
ATIONS,  DEPUTY  DIRECTOR  OF  ELECTION  OPERATIONS,  DIRECTOR OF PUBLIC
INFORMATION AND DEPUTY DIRECTOR OF  PUBLIC  INFORMATION,  SHALL  APPOINT
SUCH  COUNSELS,  DIRECTORS  AND  DEPUTIES.  Any vacancy in the office of
co-executive director, ENFORCEMENT COUNSEL, DEPUTY ENFORCEMENT  COUNSEL,
SPECIAL  COUNSEL,  DEPUTY  SPECIAL  COUNSEL,  DIRECTOR OF ELECTION OPER-
ATIONS, DEPUTY DIRECTOR  OF  ELECTION  OPERATIONS,  DIRECTOR  OF  PUBLIC
INFORMATION  AND  DEPUTY DIRECTOR OF PUBLIC INFORMATION, shall be filled
by the commissioners or, in the case of a  vacancy  on  the  board,  the
commissioner of the same major political party as the vacating incumbent
for the remaining period of the term of such vacating incumbent, FOR THE
REMAINING PERIOD OF THE TERM OF SUCH VACATING INCUMBENT.
  S  22. Subdivision 3, paragraph (c) of subdivision 9-A and subdivision
17 of section 3-102 of the  election  law,  subdivisions  3  and  17  as
amended  by  chapter 9 of the laws of 1978, paragraph (c) of subdivision
9-A as added by chapter 430 of the laws of 1997 and  subdivision  17  as
renumbered  by  chapter  23  of the laws of 2005, are amended to read as
follows:
  3. conduct any investigation necessary to carry out the provisions  of
this  chapter,  PROVIDED,  HOWEVER,  THAT  THE  STATE BOARD OF ELECTIONS
ENFORCEMENT COUNSEL, ESTABLISHED PURSUANT TO SECTION 3-104 OF THIS ARTI-
CLE, SHALL CONDUCT ANY INVESTIGATION NECESSARY TO ENFORCE THE PROVISIONS
OF ARTICLE FOURTEEN OF THIS CHAPTER ON BEHALF OF THE BOARD OF ELECTIONS;

S. 4009                            22

  (c) establish [a] AN EDUCATIONAL AND training program on ALL REPORTING
REQUIREMENTS INCLUDING BUT NOT LIMITED TO the electronic reporting proc-
ess and make it EASILY AND READILY available to any  such  candidate  or
committee AND NOTIFY ANY SUCH CANDIDATE OR COMMITTEE OF THE AVAILABILITY
OF THE MOST RECENT CAMPAIGN FINANCE HANDBOOK;
  17.    HEAR  AND  CONSIDER  THE  RECOMMENDATIONS OF THE STATE BOARD OF
ELECTIONS ENFORCEMENT COUNSEL REGARDING THE ENFORCEMENT OF VIOLATIONS OF
ARTICLE FOURTEEN OF THIS CHAPTER;
  18. perform such other acts as may  be  necessary  to  carry  out  the
purposes of this chapter.
  S 23. Section 3-104 of the election law, subdivisions 1, 3, 4 and 5 as
redesignated  and  subdivision  2 as amended by chapter 9 of the laws of
1978, is amended to read as follows:
  S 3-104. State board of elections AND THE  STATE  BOARD  OF  ELECTIONS
ENFORCEMENT  COUNSEL;  enforcement powers.  1. (A) THERE SHALL BE A UNIT
KNOWN AS THE STATE BOARD OF ELECTIONS ENFORCEMENT UNIT ESTABLISHED WITH-
IN THE STATE BOARD OF ELECTIONS. THE HEAD OF  SUCH  UNIT  SHALL  BE  THE
ENFORCEMENT COUNSEL.
  (B)  The  state  board of elections shall have jurisdiction of, and be
responsible for, the execution and  enforcement  of  the  provisions  of
[article   fourteen  of  this  chapter  and  other]  statutes  governing
campaigns, elections and related procedures; PROVIDED HOWEVER  THAT  THE
ENFORCEMENT  COUNSEL SHALL HAVE SOLE AUTHORITY WITHIN THE STATE BOARD OF
ELECTIONS TO INVESTIGATE ON HIS OR HER OWN INITIATIVE OR UPON COMPLAINT,
ALLEGED  VIOLATIONS  OF  ARTICLE  FOURTEEN  OF  THIS  CHAPTER  AND   ALL
COMPLAINTS  ALLEGING  ARTICLE  FOURTEEN VIOLATIONS SHALL BE FORWARDED TO
THE ENFORCEMENT UNIT. NOTHING IN THIS  SECTION  SHALL  BE  CONSTRUED  TO
DIMINISH OR ALTER THE STATE BOARD OF ELECTIONS' JURISDICTION PURSUANT TO
THIS CHAPTER.
  2.  Whenever  [the state board of elections or other] A LOCAL board of
elections shall determine, on its own initiative or upon  complaint,  or
otherwise,  that  there  is substantial reason to believe a violation of
this chapter or  any  code  or  regulation  promulgated  thereunder  has
[occurred]  BEEN  COMMITTED  BY  A CANDIDATE OR POLITICAL COMMITTEE THAT
FILES STATEMENTS OR IS REQUIRED TO DO SO PURSUANT TO ARTICLE FOURTEEN OF
THIS CHAPTER SOLELY WITH SUCH LOCAL BOARD, it shall  expeditiously  make
an  investigation  which shall also include investigation of reports and
statements made or failed to be made by the complainant  and  any  poli-
tical  committee supporting his candidacy if the complainant is a candi-
date or, if the complaint was made by an officer or member  of  a  poli-
tical  committee, of reports and statements made or failed to be made by
such political committee and any candidates supported by it. [The  state
board  of elections, in lieu of making such an investigation, may direct
the appropriate board of elections to make an investigation.] The  state
board of elections may request, and shall receive, the assistance of the
state police in any investigation it shall conduct.
  3.  [If, after an investigation, the state or other board of elections
finds reasonable cause to believe that a violation  warranting  criminal
prosecution  has taken place, it shall forthwith refer the matter to the
district attorney of the appropriate county and shall make available  to
such  district  attorney  all  relevant papers, documents, testimony and
findings relevant to its investigation.
  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  of  this  chapter, and the state board of elections may

S. 4009                            23

direct the  appropriate  other  board  of  elections  to  commence  such
proceeding.
  5.]   IF THE ENFORCEMENT COUNSEL DETERMINES THAT A VIOLATION OF SUBDI-
VISION ONE OF SECTION 14-126 OF THIS CHAPTER HAS  OCCURRED  WHICH  COULD
WARRANT  A CIVIL PENALTY, THE ENFORCEMENT COUNSEL SHALL, UPON HIS OR HER
DISCRETION, SEEK TO RESOLVE THE MATTER EXTRA-JUDICIALLY  OR  COMMENCE  A
SPECIAL  PROCEEDING  IN  THE SUPREME COURT PURSUANT TO SECTION 16-114 OF
THIS CHAPTER.
  4. UPON RECEIPT OF A COMPLAINT AND SUPPORTING INFORMATION OR AN INTER-
NAL REFERRAL FROM THE ENFORCEMENT UNIT ALLEGING ANY OTHER  VIOLATION  OF
ARTICLE  FOURTEEN OF THIS CHAPTER, THE ENFORCEMENT COUNSEL SHALL ANALYZE
THE FACTS AND THE LAW RELEVANT TO SUCH COMPLAINT OR REFERRAL  TO  DETER-
MINE  IF  AN INVESTIGATION SHOULD BE UNDERTAKEN. THE ENFORCEMENT COUNSEL
SHALL, IF NECESSARY, REQUEST ADDITIONAL INFORMATION FROM THE COMPLAINANT
TO ASSIST SUCH COUNSEL IN MAKING THIS DETERMINATION. SUCH ANALYSIS SHALL
INCLUDE THE FOLLOWING: FIRST, WHETHER THE ALLEGATIONS,  IF  TRUE,  WOULD
CONSTITUTE  A VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER AND, SECOND,
WHETHER THE ALLEGATIONS ARE SUPPORTED BY CREDIBLE EVIDENCE.
  5.  IF  THE  ENFORCEMENT  COUNSEL  DETERMINES  THAT  THE   ALLEGATIONS
CONTAINED  IN  A COMPLAINT, IF TRUE, WOULD NOT CONSTITUTE A VIOLATION OF
ARTICLE FOURTEEN OF  THIS  CHAPTER  OR  THAT  THE  ALLEGATIONS  ARE  NOT
SUPPORTED  BY  CREDIBLE EVIDENCE, HE OR SHE SHALL: (A) NOTIFY THE DEPUTY
ENFORCEMENT COUNSEL OF SUCH DETERMINATION AND (B)  PUBLICLY  NOTIFY  THE
STATE  BOARD  OF  ELECTIONS OF SUCH DETERMINATION. IF THE STATE BOARD OF
ELECTIONS PUBLICLY DETERMINES, AS PROVIDED IN THIS TITLE, THAT THE ALLE-
GATIONS, IF TRUE, WOULD CONSTITUTE A VIOLATION OF  ARTICLE  FOURTEEN  OF
THIS CHAPTER AND THAT THE ALLEGATIONS APPEAR TO BE SUPPORTED BY CREDIBLE
EVIDENCE, IT SHALL DIRECT THAT THE ENFORCEMENT COUNSEL CONDUCT AN INVES-
TIGATION.  LACKING  SUCH  A DETERMINATION, THE ENFORCEMENT COUNSEL SHALL
ISSUE A LETTER TO THE COMPLAINANT DISMISSING THE COMPLAINT.
  6. IF THE ENFORCEMENT COUNSEL  DETERMINES  THAT  THE  ALLEGATIONS,  IF
TRUE,  WOULD  CONSTITUTE A VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER
AND THAT THE ALLEGATIONS APPEAR TO BE SUPPORTED BY CREDIBLE EVIDENCE, HE
OR SHE SHALL: (A) NOTIFY THE DEPUTY ENFORCEMENT COUNSEL OF  (I)  HIS  OR
HER  INTENT TO RESOLVE THE MATTER EXTRA-JUDICIALLY DUE TO THE DE MINIMIS
NATURE OF THE VIOLATION; OR (II) HIS OR HER INTENT TO COMMENCE AN INVES-
TIGATION, AND (B) PUBLICLY NOTIFY THE STATE BOARD OF ELECTIONS  OF  SUCH
INTENT  NO  LATER  THAN  THE  BOARD'S  NEXT REGULARLY SCHEDULED MEETING.
NOTIFICATION SHALL SUMMARIZE THE RELEVANT FACTS AND THE  APPLICABLE  LAW
AND  SHALL,  TO  THE EXTENT POSSIBLE, PROTECT FROM PUBLIC DISCLOSURE THE
IDENTITY OF THE COMPLAINANT AND THE INDIVIDUAL SUBJECT TO THE COMPLAINT.
THE DEPUTY ENFORCEMENT COUNSEL SHALL HAVE THE OPPORTUNITY TO REVIEW  THE
ENTIRE  FILE  OF ANY PRELIMINARY INVESTIGATION CONDUCTED BY THE ENFORCE-
MENT COUNSEL A MINIMUM OF TEN DAYS PRIOR  TO  SAID  REGULARLY  SCHEDULED
MEETING OF THE BOARD AND TO SUBMIT A PUBLIC, WRITTEN CONCURRENCE WITH OR
DISSENT FROM THE ENFORCEMENT COUNSEL'S PROPOSAL.
  7.  IF, UPON CONSIDERING THE ENFORCEMENT COUNSEL'S NOTICE OF INTENT TO
COMMENCE AN INVESTIGATION AND THE DEPUTY ENFORCEMENT COUNSEL'S RECOMMEN-
DATION, THE STATE BOARD OF ELECTIONS BELIEVES THAT THE  ALLEGATIONS,  IF
TRUE, WOULD NOT CONSTITUTE A VIOLATION OF ARTICLE FOURTEEN OF THIS CHAP-
TER,  OR THE ALLEGATIONS ARE NOT SUPPORTED BY CREDIBLE EVIDENCE OR, THAT
ON BALANCE, THE EQUITIES FAVOR A DISMISSAL OF THE COMPLAINT,  THE  BOARD
SHALL  PUBLICLY  DIRECT THAT AN INVESTIGATION NOT BE UNDERTAKEN NO LATER
THAN SIXTY DAYS AFTER THE RECEIPT OF NOTIFICATION FROM  THE  ENFORCEMENT
COUNSEL  OF HIS OR HER INTENT TO COMMENCE AN INVESTIGATION. IN DETERMIN-
ING WHETHER THE EQUITIES FAVOR A DISMISSAL OF THE COMPLAINT,  THE  STATE

S. 4009                            24

BOARD OF ELECTIONS SHALL CONSIDER THE FOLLOWING FACTORS: (A) WHETHER THE
COMPLAINT  ALLEGES  A  DE  MINIMIS VIOLATION OF ARTICLE FOURTEEN OF THIS
CHAPTER; (B) WHETHER THE SUBJECT OF THE COMPLAINT HAS MADE A GOOD  FAITH
EFFORT  TO  CORRECT  THE  VIOLATION;  AND (C) WHETHER THE SUBJECT OF THE
COMPLAINT HAS A HISTORY OF SIMILAR VIOLATIONS.   DETERMINATIONS  OF  THE
STATE  BOARD  OF ELECTIONS TO DISMISS A COMPLAINT AND NOT PROCEED WITH A
FORMAL INVESTIGATION SHALL BE VOTED UPON AS PROVIDED IN SUBDIVISION FOUR
OF SECTION 3-100 OF THIS TITLE AT AN OPEN MEETING  PURSUANT  TO  ARTICLE
SEVEN  OF THE PUBLIC OFFICERS LAW, AND SHALL BE MADE ON A FAIR AND EQUI-
TABLE BASIS AND WITHOUT REGARD TO THE  STATUS  OF  THE  SUBJECT  OF  THE
COMPLAINT.
  8.  ABSENT A TIMELY DETERMINATION BY THE STATE BOARD OF ELECTIONS THAT
AN INVESTIGATION SHALL NOT BE UNDERTAKEN, THE ENFORCEMENT COUNSEL  SHALL
COMMENCE  AN INVESTIGATION ON A TIMELY BASIS. IF THE ENFORCEMENT COUNSEL
DETERMINES THAT ADDITIONAL INVESTIGATIVE  POWERS,  AS  PROVIDED  FOR  IN
SUBDIVISIONS  FOUR,  FIVE  AND  SIX  OF SECTION 3-102 OF THIS TITLE, ARE
NEEDED TO COMPLETE THE COUNSEL'S INVESTIGATION, HE OR SHE SHALL  REQUEST
SUCH  ADDITIONAL  POWERS  FROM THE STATE BOARD OF ELECTIONS. SUCH POWERS
SHALL BE GRANTED BY THE BOARD IN PUBLIC ONLY WHEN THE BOARD  FINDS  THAT
FURTHER INVESTIGATION IS WARRANTED AND JUSTIFIED.
  9.  AT  THE  CONCLUSION  OF ITS INVESTIGATION, THE ENFORCEMENT COUNSEL
SHALL PROVIDE THE DEPUTY ENFORCEMENT COUNSEL  AND  THE  STATE  BOARD  OF
ELECTIONS  WITH  A WRITTEN RECOMMENDATION AS TO: (A) WHETHER SUBSTANTIAL
REASON EXISTS TO BELIEVE A VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER
HAS OCCURRED AND, IF SO, THE NATURE OF THE VIOLATION AND ANY  APPLICABLE
PENALTY,  AS  DEFINED  IN  SECTION  14-126 OF THIS CHAPTER, BASED ON THE
NATURE OF THE VIOLATION; (B)  WHETHER  THE  MATTER  SHOULD  BE  RESOLVED
EXTRA-JUDICIALLY;  (C)  WHETHER A SPECIAL PROCEEDING SHOULD BE COMMENCED
IN THE SUPREME COURT TO RECOVER A  CIVIL  PENALTY;  AND  (D)  WHETHER  A
REFERRAL  SHOULD  BE MADE TO A DISTRICT ATTORNEY PURSUANT TO SUBDIVISION
ELEVEN OF THIS SECTION BECAUSE REASONABLE  CAUSE  EXISTS  TO  BELIEVE  A
VIOLATION  WARRANTING  CRIMINAL  PROSECUTION HAS TAKEN PLACE. THE DEPUTY
ENFORCEMENT COUNSEL SHALL HAVE THE OPPORTUNITY TO REVIEW THE ENTIRE FILE
OF ANY INVESTIGATION CONDUCTED BY THE ENFORCEMENT COUNSEL A  MINIMUM  OF
TEN  DAYS  PRIOR TO SAID REGULARLY SCHEDULED MEETING OF THE BOARD AND TO
SUBMIT A PUBLIC, WRITTEN CONCURRENCE WITH OR DISSENT FROM  THE  ENFORCE-
MENT COUNSEL'S RECOMMENDATION.
  10.  THE  STATE  BOARD OF ELECTIONS SHALL ACCEPT, MODIFY OR REJECT THE
ENFORCEMENT COUNSEL'S RECOMMENDATION NO  LATER  THAN  SIXTY  DAYS  AFTER
RECEIPT  OF  SUCH RECOMMENDATION. IN MAKING ITS DETERMINATION, THE BOARD
SHALL AGAIN CONSIDER: (A) WHETHER THE COMPLAINT  ALLEGES  A  DE  MINIMIS
VIOLATION  OF  ARTICLE FOURTEEN OF THIS CHAPTER; (B) WHETHER THE SUBJECT
OF THE COMPLAINT HAS MADE A GOOD FAITH EFFORT TO CORRECT THE  VIOLATION;
AND  (C)  WHETHER  THE SUBJECT OF THE COMPLAINT HAS A HISTORY OF SIMILAR
VIOLATIONS. ALL SUCH DETERMINATIONS SHALL BE VOTED UPON AS  PROVIDED  IN
SUBDIVISION  FOUR  OF  SECTION  3-100  OF  THIS TITLE AT AN OPEN MEETING
PURSUANT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW, AND SHALL BE  MADE
ON  A  FAIR  AND  EQUITABLE  BASIS,  WITHOUT REGARD TO THE STATUS OF THE
SUBJECT OF THE COMPLAINT.
  11. (A) IF THE STATE BOARD OF ELECTIONS  DETERMINES,  AS  PROVIDED  IN
SUBDIVISION  TEN  OF  THIS  SECTION,  THAT  SUBSTANTIAL REASON EXISTS TO
BELIEVE THAT A PERSON, ACTING AS OR ON BEHALF OF A  CANDIDATE  OR  POLI-
TICAL  COMMITTEE  UNDER CIRCUMSTANCES EVINCING AN INTENT TO VIOLATE SUCH
LAW, HAS UNLAWFULLY ACCEPTED A CONTRIBUTION IN EXCESS OF A  CONTRIBUTION
LIMITATION  ESTABLISHED IN ARTICLE FOURTEEN OF THIS CHAPTER, WHICH COULD
WARRANT A CIVIL PENALTY AS PROVIDED FOR IN SUBDIVISION THREE OF  SECTION

S. 4009                            25

14-126  OF  THIS  CHAPTER,  THE BOARD SHALL DIRECT THE COMMENCEMENT OF A
SPECIAL PROCEEDING IN THE SUPREME COURT.
  (B)  IF THE STATE BOARD OF ELECTIONS DETERMINES, AS PROVIDED IN SUBDI-
VISION TEN OF THIS SECTION THAT REASONABLE CAUSE  EXISTS  TO  BELIEVE  A
VIOLATION  WARRANTING  CRIMINAL  PROSECUTION  HAS TAKEN PLACE, THE BOARD
SHALL REFER THE MATTER TO A DISTRICT ATTORNEY AND SHALL  MAKE  AVAILABLE
TO  SUCH DISTRICT ATTORNEY ALL PAPERS, DOCUMENTS, TESTIMONY AND FINDINGS
RELEVANT TO ITS INVESTIGATION.
  12. UPON NOTIFICATION THAT A SPECIAL PROCEEDING HAS BEEN COMMENCED  BY
A  PARTY  OTHER  THAN  THE STATE BOARD OF ELECTIONS, PURSUANT TO SECTION
16-114 OF THIS CHAPTER, THE STATE BOARD OF ELECTIONS  SHALL  DIRECT  THE
ENFORCEMENT  COUNSEL TO INVESTIGATE THE ALLEGED VIOLATIONS UNLESS OTHER-
WISE DIRECTED BY THE COURT.
  13. THE ENFORCEMENT COUNSEL SHALL PREPARE A REPORT, TO BE INCLUDED  IN
THE  ANNUAL  REPORT  TO  THE  GOVERNOR  AND LEGISLATURE, SUMMARIZING THE
ACTIVITIES OF THE UNIT DURING  THE  PREVIOUS  YEAR.  SUCH  REPORT  SHALL
INCLUDE:  (A)  THE  NUMBER  OF  COMPLAINTS  RECEIVED;  (B) THE NUMBER OF
COMPLAINTS THAT WERE FOUND TO NEED INVESTIGATION AND THE NATURE OF  EACH
COMPLAINT;  AND  (C) THE NUMBER OF MATTERS THAT HAVE BEEN RESOLVED.  THE
REPORT SHALL NOT CONTAIN ANY INFORMATION FOR  WHICH  DISCLOSURE  IS  NOT
PERMITTED.
  14.  The state board of elections may promulgate rules and regulations
consistent with law to effectuate the provisions of this section.
  S 24. The state of New York shall appropriate during each fiscal  year
to the New York state board of elections enforcement unit, not less than
thirty-five percent of the appropriation available from the general fund
for  the  state  board  of  elections  to  pay  for the expenses of such
enforcement unit. The enforcement counsel shall have independent author-
ity over said appropriation including the power to hire necessary staff.
  S 25. Severability. If any clause, sentence,  subdivision,  paragraph,
section  or part of title II of article 14 of the election law, as added
by section ten of this act be adjudged by any court of competent  juris-
diction to be invalid, such judgment shall not affect, impair or invali-
date  the  remainder  thereof, but shall be confined in its operation to
the clause, sentence, subdivision, paragraph, section  or  part  thereof
directly  involved  in the controversy in which such judgment shall have
been rendered.
  S 26. This act shall take effect immediately; provided,  however,  all
state  candidates and constitutional convention delegates will be eligi-
ble to participate in the public financing  system  beginning  with  the
2017  election  and  state  legislature  candidates  will be eligible to
participate in the public  financing  system  beginning  with  the  2019
election.