senate Bill S4705A

2013-2014 Legislative Session

Enacts the "2014 Fair Elections Act"

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 06, 2014 print number 4705c
amend and recommit to elections
Feb 26, 2014 print number 4705b
amend (t) and recommit to elections
Jan 08, 2014 referred to elections
May 03, 2013 print number 4705a
amend and recommit to elections
Apr 18, 2013 referred to elections

Bill Amendments

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Co-Sponsors

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S4705 - Bill Details

Current Committee:
Law Section:
Election Law
Laws Affected:
Amd El L, generally; add §359-gg, Gen Bus L; add §92-t, St Fin L; add §630-d, Tax L
Versions Introduced in 2011-2012 Legislative Session:
A9885D

S4705 - Bill Texts

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Enacts the "2014 fair elections act"; relates to providing for optional partial public financing of certain election campaigns in this state; relates to identification of the source of certain political contributions.

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BILL NUMBER:S4705

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

SUBJECT AND PURPOSE:

To provide optional public financing of campaigns for statewide and
state legislative offices and constitutional convention delegates as
well as to provide for more disclosure of independent expenditures and
tougher enforcement of campaign finance laws.

SUMMARY AND DESCRIPTION OF PROVISIONS:

This bill concerns two integral issues of campaign finance reform in
New York State: optional public financing of certain elections and
enhanced disclosure of independent expenditures in elections.

The bill adds a new Title II to Article 14 to provide for public
financing of primary and general election campaigns for statewide
office, primary, general and special election campaigns for state
legislative office and primary and general election campaigns for
constitutional convention delegates.

In addition, the bill defines for the first time in New York law
"independent expenditures" and "express advocacy" to allow for greater
disclosure of outside money in campaigns for public office.

The bill further establishes an enforcement counsel in the new fair
elections board (within the state board of elections} who will be
responsible for all campaign finance enforcement and investigation.

OPTIONAL PUBLIC FINANCING OF ELECTIONS:

CRITERIA FOR PARTICIPATION:

To be eligible for public financing, a candidate for nomination or
election to a statewide office, state legislative office or as a
constitutional convention delegate must satisfy the legal requirements
for having his or her name on the ballot, elect to participate in the
public financing system, meet the threshold for eligibility and agree
to file required statements and authorize a single participating
committee.

ELIGIBILITY THRESHOLD:

Governor: Must collect not less than $650,000 from at least 6,500
matchable contributions made up of sums of up to $250 per individual
contributor who resides in New York State.

Lt. Governor (primary only), Attorney Gen, & Comptroller: Must collect
not less than $200,000 from at least 2,000 matchable contributions


made up of sums of up to $250 per individual contributor who resides
in New York State.

Senate: Must collect not less than $20,000 from at least 200 matchable
contributions made up of sums of up to $250 per individual contributor
who resides in New York State including at least $10,000 from at least
100 individual contributors who reside in the senate district, or in
any part of any county in the Senate district, in which the seat is to
be filled.

Assembly: Must collect not less than $10,000 from at least 100
matchable contributions made up of sums of up to $250 per individual
contributor who resides in New York State including at least $5,000
from at least 50 individual contributors who reside in the assembly
district, or in any part of any county in the Assembly district, in
which the seat is to be filled.

At-large Delegate to a Constitutional Convention: Must collect not
less than $20,000 from at least 200 matchable contributions made up of
sums of up to $250 per individual contributor who resides in New York
State.

District Delegate to a Constitutional Convention: Must collect not
less than $5,000 from at least 50 matchable contributions made up of
sums of up to $250 per individual contributor who resides in the
district, or any part of any county in the district, in which the seat
is to be filled.

MATCHABLE CONTRIBUTIONS:

Matchable contributions may be collected after January first of the
year of the primary or general election. For a special election, may
be collected up to six months before the election. Consist of the net
amount of contributions after deduction of the value of any food,
drink or entertainment provided in exchange for the contribution.
Only contributions from persons who reside in New York State are
matchable.

THE MATCH:

Eligible contributions up to $250 are matched at the rate of $6 for
every $1.

MISC. RULES:

To receive public funds for a. primary election, a participating
candidate must agree to receive public funding for the general
election.

Participating candidates who are unopposed in a primary election may
not receive public funds. Participating candidates are deemed
unopposed unless there is at least one other candidate, as defined by
§ 14-100(7) of the election law, in the race for the same office.

Participating candidates that are unopposed may raise private funds of
up to 50% of the expenditure limit if there is a contest in the


primary for at least one other party for such office. Such funds may
only be raised with contributions of up to $2000 per contributor.

Candidates who are challenged in a primary and who do not seek public
funds are not eligible for public funds for the general election.

Candidates who are unopposed in a general or special election may not
receive public funds.

PERMISSIBLE AND PROHIBITED USES OF PUBLIC FUNDS:

Public funds may be used only for qualified campaign expenditures
during the year of the primary or general election. For a special
election, such funds may only be used in the 3 months prior to the
election. They may not be used for expenditures in violation of law,
for payments to a candidate or to a relative of the candidate (or to
any business entity of which such a person is an officer or employee
or has a ten percent or greater ownership interest) in excess of the
fair market value for services rendered, for payments in excess of
fair market value, for any expenditure after the candidate or the
candidate's only remaining opponent has been disqualified (until and
unless reversed), to challenge an opponent's petitions or
certificates, for non-campaign related food, drink or entertainment,
or for gifts.

CONTRIBUTION LIMIT:

All candidates who choose to participate in the public financing
system have a contribution limit of $2,000 per contributor.

PUBLIC FUNDS RECEIPT LIMITS:

The following limits on public funds apply to all candidates who
participate in the public financing system:

General Election Primary

Governor $12,000,000 $9,000,000
Lt. Governor -- $6,000,000
Attorney General & Comptroller $8,000,000 Same as
Lt.Governor
State Senator $400,000 $350,000
Member of Assembly $200,000 $150,000
At-Large Delegate $350,000 $175,000
District Delegate $75,000 $50,000

NOTE: A participating candidate may raise unlimited amounts of private
money subject to the $2,000 per contributor limitation.

PARTY EXPENDITURES IN SUPPORT OF PARTICIPATING CANDIDATES

NOTWITHSTANDING THE EXPENDITURE LIMITS FOR PARTICIPATING CANDIDATES, A
STATE PARTY COMMITTEE MAY MAKE THE FOLLOWING EXPENDITURES FOR SERVICES
TO PARTICIPATING CANDIDATES THE PARTY HAS NOMINATED:

GOV AND LT. GOV. $2,500,000


ATT. GEN OR COMP. $1,000,000
SENATE $100,000
STATE ASSEMBLY $50,000
AT-LARGE DELEGATE $50,000
DISTRICT DELEGATE $10,000

* TRANSFERS TO A PARTICIPATING CANDIDATE MAY CONSTITUTE UP TO 25%- OF
SUCH PARTY EXPENDITURES.

ENFORCEMENT:

Enforcement of the new Title II as well as all other campaign finance
matters under article 14 will be handled by a newly created fair
elections board which will sit within the state board of elections.
The fair elections board will be comprised of five members. The
members of the board will be appointed as follows: one by the Governor
and one by each of the four legislative leaders.

The fair elections board will appoint an enforcement counsel who will
oversee and enforce all campaign finance laws, rules and regulations
on behalf of the fair elections board. The new enforcement counsel
will conduct investigations pursuant to article 14 of the election
law. All actions, rules and regulations issued by the fair elections
board are subject to review at the discretion of the state board of
elections.

DEBATES:

Participating candidates are required to participate in at least one
debate before the primary election and in at least one debate before
the general election for which the candidate receives public funds,
unless the participating candidate is running unopposed. A
non-participating candidate may be a party to such debates.

SOURCES OF FUNDING:

The bill provides for three separate sources of funding for the public
financing regime:

1) The bill provides an income tax check-off of $5. Such monies would
be paid into a separate fund, known as the New York State Campaign
Finance Fund. The taxpayers' tax liability would not be affected by
making this designation.

2) In addition, the bill imposes an additional 10% surcharge on
recoveries for fraudulent practices relating to stocks, bonds, other
securities as well as all other recoveries having to do with fraud by
the Attorney General.

3) If the state campaign finance fund lacks the money to pay all
properly certified claims, the deficiency will be paid from the
general fund.

PENALTIES:

CIVIL


*The failure to make proper campaign finance filings, as required by
Title II and rules and regulations promulgated thereunder, shall
subject the offender to a civil penalty of up to $5000.
*Any person or authorized committee who knowingly and willfully
violates any other provision of Title II or any regulations
promulgated thereunder shall subject the offender to a civil penalty
of up to $10,000.

CRIMINAL

*All prosecutions under Title II for criminal acts shall be prosecuted
by the Attorney General.

*The failure to make proper campaign finance filings, as required by
Title II within 10 days or anyone that willfully violates any other
provision of this title shall be guilty of a misdemeanor, and in
addition to such other penalties as may be provided by law, shall be
subject to a fine not to exceed the amount of $10,000.

*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 shall be
guilty of a misdemeanor and shall be subject to a fine not to exceed
the amount of $10,000.

*Any person who knowingly and willfully makes a false statement or
knowingly omits a material fact to the fair election board or an
auditor designated by the fair elections board during any audit
conducted pursuant to new section 14-214 of the Election Law shall be
guilty of a class E felony.

*In addition to any other sentence lawfully imposed upon a finding of
guilt in a criminal prosecution commenced under the provisions of this
bill, a court may order a defendant to repay to the fair elections
board any public matching funds obtained as a result of any criminal
conduct.

CAMPAIGN FINANCE DISCLOSURE

The bill adds a new subdivision 12 to § 14-100 and a new § 14-107 of
the Election Law to define "express advocacy" and "independent
expenditure", respectively.

The new definition of "express advocacy" captures, and subjects to
full disclosure under the Election Law, those entities that are
engaged in express advocacy activity which has heretofore not been
captured by the statute.

The new definition of "independent expenditure" expands the definition
of this term as recently adopted by the New York State Board of
Elections in its regulations. This new definition states that
independent expenditures also include references to "clearly
identified candidates" as set forth in the definition of "express
advocacy."

Communications between bonafide membership organizations and their
members as well as corporations and their shareholders are not


considered independent expenditures or campaign contributions under
this bill.

In addition, this bill defines "electioneering communications" as a
communication, to a general public audience (also defined in the bill)
which refers to a clearly identified candidate and is broadcast or
published within 60 days of a general election or 30 days of a primary
election.

This bill states that all independent expenditures costing more than
$1,000 shall clearly state the name of the person or organization
behind it and that such expenditure is not authorized by any candidate
or his or her agents. Such independent expenditures shall be reported
to the state board of elections.

Further, this bill requires than independent spenders who are entities
must disclose all contributions from other entities and all
contributions over $1,000 from individuals. The bill also includes
reporting exemptions for those contributions to independent spenders
which are explicitly earmarked for non-electoral purposes.

This bill also requires disclosure for "bundlers". Bundlers are those
individuals or organizations who aggregate a number of contributions
from others and deliver them to a candidate or a candidate's
authorized committee.

LEGISLATIVE HISTORY:

A9885-D of 2012 & A8902-A of 2009.

JUSTIFICATION:

This public financing bill provides a comprehensive yet balanced
approach to the public financing of political campaigns. It contains
significant but realistic limitations on expenditures and contribution
receipts, a means for recovering Public funds when they are unspent,
excessive or used for prohibited purposes, and penalties for
violations of the filing requirements or the expenditure limitations
for participants.

The "matching grant" structure of the program has several advantages.
It will reduce the amount of time a candidate must spend raising
money, leaving more time to address the issues that are important to
the public. The matching component allows fox participation by private
citizens throughout the campaign while also conserving resources by
ensuring that only candidates who can show substantial voter support
and face opposition will be eligible to receive public funds.

Overall, the bill strikes a balance that allows challengers and
incumbents to compete fairly while capping the amount of public funds
that will be expended:

FISCAL IMPLICATIONS:

There will be no cost in 2013. In 2014, there could be costs
associated with participating candidates seeking election to the
office of state comptroller. There would be no cost in 2013. In 2016,


there could be costs associated with participating candidates seeking
election to state legislative office. In 2018, there could be costs
associated with participating candidates seeking election to a
statewide office or as a constitutional delegate. Other states that
have public financing systems in place have had very low participation
rates at first with increasing participation in later elections. The
long term cost of the system in New York is unknown.

EFFECTIVE DATE:

This act takes effect immediately provided, however, that candidates
for state comptroller will be eligible to participate in the public
financing system beginning with the 2014 election, state legislative
candidates will be eligible to participate in 2016 and all statewide
candidates and constitutional delegates will be eligible to
participate in 2018.

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

                                  4705

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 18, 2013
                               ___________

Introduced  by  Sens. STEWART-COUSINS, GIANARIS, ADAMS, ADDABBO, AVELLA,
  BRESLIN, DILAN, ESPAILLAT, GIPSON, HOYLMAN, KENNEDY, KRUEGER, LATIMER,
  PERALTA, PERKINS, RIVERA, SERRANO, SQUADRON, STAVISKY, TKACZYK -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Elections

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

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

  Section  1.  Short title.  This act shall be known and may be cited as
the "2013 Fair Elections Act".
  S 2. Legislative findings and declarations. The  legislature  declares
that  is  in the public interest to create and ensure a truly democratic
political system  in  which  citizens,  irrespective  of  their  income,
status,  or financial connections, are enabled and encouraged to compete
for public office. The  legislature  further  declares  that  large  and
unregulated  independent  expenditures  deliberately  distort issues and
facts  thereby  giving  their  financial  backers  undue  influence   in
elections.  Therefore, the legislature finds it necessary to establish a
system of public financing for all qualified candidates for state  elec-
tive  offices  and  constitutional convention delegates. The legislature
further finds that a new system of public financing would be best admin-
istered by a new "fair elections board" empowered with  effective  over-
sight and enforcement capabilities dedicated to working with and assist-
ing candidates excel in the public financing system.
  S  3.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02247-11-3

S. 4705                             2

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 FAIR ELECTIONS BOARD ENFORCEMENT
COUNSEL, ESTABLISHED PURSUANT TO SUBDIVISION FIVE OF SECTION  14-216  OF
THIS  CHAPTER,  AS IT MAY DEEM NECESSARY, AFTER THE FAIR ELECTIONS BOARD
HAS CONSIDERED THE MATTER OR MATTERS  IN  QUESTION;  SHALL  CONDUCT  ANY
INVESTIGATION NECESSARY TO ENFORCE THE PROVISIONS OF ARTICLE FOURTEEN OF
THIS CHAPTER ON BEHALF OF THE BOARD OF ELECTIONS.
  (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 FAIR ELECTIONS  BOARD
ENFORCEMENT  COUNSEL  REGARDING THE ENFORCEMENT OF VIOLATIONS OF ARTICLE
FOURTEEN OF THIS CHAPTER, AS IT  MAY  DEEM  NECESSARY,  AFTER  THE  FAIR
ELECTIONS BOARD HAS CONSIDERED THE MATTER OR MATTERS IN QUESTION;
  18.  THE  STATE  BOARD  OF  ELECTIONS SHALL, AS IT MAY DEEM NECESSARY,
ACCEPT, MODIFY OR REJECT  ANY  ACTION  OR  ACTIONS  TAKEN  BY  THE  FAIR
ELECTIONS  BOARD PURSUANT TO SUCH FAIR ELECTIONS BOARD'S AUTHORITY UNDER
SUBDIVISION FOURTEEN OF SECTION 3-104 AND SECTIONS 3-111 AND  14-216  OF
THIS CHAPTER.
  19.  perform  such  other  acts  as  may be necessary to carry out the
purposes of this chapter.
  S 4.  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  FAIR ELECTIONS BOARD
ENFORCEMENT COUNSEL; enforcement powers.  1. (A) THERE SHALL BE  A  UNIT
KNOWN AS THE FAIR ELECTIONS ENFORCEMENT UNIT ESTABLISHED WITHIN THE FAIR
ELECTIONS  BOARD.   THE HEAD OF SUCH UNIT SHALL BE THE ENFORCEMENT COUN-
SEL.
  (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. (A) 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 REQUIRED BY 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  political  committee
supporting his OR HER candidacy if the complainant is a candidate or, if
the complaint was made by an officer or member of a political committee,

S. 4705                             3

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.]
  (B)  The  state  board  of  elections AND THE FAIR ELECTIONS BOARD 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
direct the  appropriate  other  board  of  elections  to  commence  such
proceeding.
  5.]  3.  IF  THE  ENFORCEMENT  COUNSEL  DETERMINES THAT A VIOLATION OF
SUBDIVISION ONE OF SECTION 14-126 OR SUBDIVISION ONE OF  SECTION  14-220
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  ALLEGING
ANY OTHER VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER, THE ENFORCEMENT
COUNSEL  SHALL  ANALYZE  THE  COMPLAINT TO DETERMINE IF AN INVESTIGATION
SHOULD BE UNDERTAKEN.  THE  ENFORCEMENT  COUNSEL  SHALL,  IF  NECESSARY,
REQUEST ADDITIONAL INFORMATION FROM THE COMPLAINANT TO ASSIST SUCH COUN-
SEL  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,  IF
TRUE, WOULD NOT CONSTITUTE A VIOLATION OF ARTICLE FOURTEEN OF THIS CHAP-
TER  OR  THAT THE ALLEGATIONS ARE NOT SUPPORTED BY CREDIBLE EVIDENCE, HE
OR SHE 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 NOTIFY THE FAIR ELECTIONS BOARD OF (A) HIS OR HER INTENT TO
RESOLVE THE MATTER EXTRA-JUDICIALLY DUE TO THE DE MINIMUS NATURE OF  THE
VIOLATION;  OR  (B)  HIS  OR HER INTENT TO COMMENCE AN INVESTIGATION, NO
LATER THAN THE FAIR ELECTIONS 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.
  7.  IF, UPON CONSIDERING THE ENFORCEMENT COUNSEL'S NOTICE OF INTENT TO
COMMENCE AN INVESTIGATION, THE FAIR ELECTIONS BOARD  BELIEVES  THAT  THE
ALLEGATIONS,  IF TRUE, WOULD NOT CONSTITUTE A VIOLATION OF ARTICLE FOUR-
TEEN OF THIS CHAPTER, 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  INVES-

S. 4705                             4

TIGATION.   IN DETERMINING WHETHER THE EQUITIES FAVOR A DISMISSAL OF THE
COMPLAINT,  THE  FAIR  ELECTIONS  BOARD  SHALL  CONSIDER  THE  FOLLOWING
FACTORS:  (A)  WHETHER  THE  COMPLAINT ALLEGES A DE MINIMUS 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 FAIR ELECTIONS BOARD TO DISMISS A
COMPLAINT AND NOT PROCEED WITH A FORMAL  INVESTIGATION  SHALL  BE  VOTED
UPON  AS  PROVIDED IN SUBDIVISION TEN OF SECTION 14-216 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 AND WITHOUT REGARD TO
THE STATUS OF THE SUBJECT OF THE COMPLAINT.
  8. ABSENT A TIMELY DETERMINATION BY THE FAIR ELECTIONS BOARD  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,
UPON  APPROVAL  OF THE FAIR ELECTIONS BOARD, SUCH ADDITIONAL POWERS FROM
THE STATE BOARD OF ELECTIONS. SUCH POWERS SHALL BE GRANTED BY THE  BOARD
IN  PUBLIC,  AS  PROVIDED  IN  SUBDIVISION FOUR OF SECTION 3-100 OF THIS
TITLE, 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 FAIR ELECTIONS BOARD 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,
14-220  OR 14-222 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  OR THE ATTORNEY GENERAL PURSUANT TO SUBDIVISION ELEVEN OF THIS
SECTION BECAUSE REASONABLE CAUSE EXISTS TO BELIEVE A VIOLATION  WARRANT-
ING CRIMINAL PROSECUTION HAS TAKEN PLACE.
  10.  THE  FAIR  ELECTIONS  BOARD  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  MINIMUS
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  TEN  OF  SECTION  14-216 OF THIS CHAPTER 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 FAIR ELECTIONS BOARD DETERMINES, AS PROVIDED IN  SUBDI-
VISION  TEN  OF  THIS SECTION, THAT SUBSTANTIAL REASON EXISTS TO BELIEVE
THAT A PERSON, ACTING AS OR  ON  BEHALF  OF  A  CANDIDATE  OR  POLITICAL
COMMITTEE  UNDER  CIRCUMSTANCES  EVINCING AN INTENT TO VIOLATE SUCH LAW,
HAS UNLAWFULLY ACCEPTED A CONTRIBUTION IN EXCESS OF A CONTRIBUTION LIMI-
TATION ESTABLISHED IN ARTICLE FOURTEEN  OF  THIS  CHAPTER,  WHICH  COULD
WARRANT  A CIVIL PENALTY AS PROVIDED FOR IN SUBDIVISION THREE OF SECTION
14-126 OR SUBDIVISION TWO OF SECTION 14-222 OF THIS CHAPTER,  THE  BOARD

S. 4705                             5

SHALL  DIRECT  THE  COMMENCEMENT  OF A SPECIAL PROCEEDING IN THE SUPREME
COURT PURSUANT TO SECTION 16-122 OF THIS CHAPTER.
  (B) IF THE FAIR ELECTIONS BOARD DETERMINES, AS PROVIDED IN SUBDIVISION
TEN  OF THIS SECTION THAT REASONABLE CAUSE EXISTS TO BELIEVE A VIOLATION
OF TITLE ONE OF ARTICLE FOURTEEN OF  THIS  CHAPTER  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.
WHERE REASONABLE CAUSE EXISTS TO BELIEVE THAT A CANDIDATE FOR THE OFFICE
OF ATTORNEY GENERAL HAS VIOLATED TITLE TWO OF ARTICLE FOURTEEN  OF  THIS
CHAPTER,  THE  BOARD  SHALL REFER THE MATTER TO THE DISTRICT ATTORNEY OF
THE APPROPRIATE COUNTY.
  (C) IF THE FAIR ELECTIONS BOARD DETERMINES, AS PROVIDED IN SUBDIVISION
TEN OF THIS SECTION THAT REASONABLE CAUSE EXISTS TO BELIEVE A  VIOLATION
OF  TITLE  TWO  OF ARTICLE FOURTEEN OF THIS CHAPTER, WARRANTING CRIMINAL
PROSECUTION HAS TAKEN PLACE, THE BOARD  SHALL,  EXCEPT  AS  PROVIDED  IN
PARAGRAPH  (B)  OF  THIS  SUBDIVISION,  REFER THE MATTER TO THE ATTORNEY
GENERAL AND SHALL MAKE AVAILABLE TO  THE  SAME  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 FAIR ELECTIONS BOARD, PURSUANT TO SECTION  16-114
OF  THIS  CHAPTER, THE FAIR ELECTIONS BOARD SHALL DIRECT THE ENFORCEMENT
COUNSEL TO INVESTIGATE THE ALLEGED VIOLATIONS UNLESS OTHERWISE  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: (I) THE NUMBER OF  COMPLAINTS  RECEIVED;  (II)  THE  NUMBER  OF
COMPLAINTS  THAT WERE FOUND TO NEED INVESTIGATION AND THE NATURE OF EACH
COMPLAINT; AND (III) THE NUMBER OF MATTERS THAT HAVE BEEN RESOLVED.  THE
REPORT SHALL NOT CONTAIN ANY INFORMATION FOR  WHICH  DISCLOSURE  IS  NOT
PERMITTED.
  14.  THE  FAIR  ELECTIONS  BOARD  MAY PROMULGATE RULES AND REGULATIONS
CONSISTENT WITH LAW TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
  S 5. The state of New York shall appropriate during each  fiscal  year
to  the  New  York state fair elections board 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.    Notwithstanding  section  fifty-one  of  the state
finance law, such funding shall not be decreased by interchange with any
other appropriation.
  S 6. The election law is amended by adding a new section 3-111 to read
as follows:
  S 3-111. PERSONAL USE OF CAMPAIGN FUNDS. UPON WRITTEN REQUEST FROM ANY
PERSON WHO IS SUBJECT TO THE REQUIREMENTS  OF  SECTION  14-130  OF  THIS
CHAPTER,  THE  FAIR  ELECTIONS BOARD SHALL RENDER FORMAL OPINIONS ON THE
REQUIREMENTS OF SAID PROVISION. AN OPINION RENDERED BY THE BOARD,  UNTIL
AND  UNLESS  AMENDED  OR  REVOKED,  SHALL BE BINDING ON THE BOARD IN ANY
SUBSEQUENT PROCEEDING CONCERNING THE PERSON WHO  REQUESTED  THE  OPINION
AND  WHO  ACTED  IN  GOOD  FAITH,  UNLESS MATERIAL FACTS WERE OMITTED OR
MISSTATED BY THE PERSON IN THE REQUEST FOR AN OPINION. SUCH OPINION  MAY
ALSO  BE  RELIED UPON BY SUCH PERSON, AND MAY BE INTRODUCED AND SHALL BE
DEFENSE IN ANY CRIMINAL OR CIVIL ACTION. SUCH REQUEST SHALL BE CONFIDEN-
TIAL, BUT THE BOARD SHALL PUBLISH SUCH OPINIONS PROVIDED THAT  THE  NAME
OF  THE  REQUESTING  PERSON  AND  OTHER IDENTIFYING DETAILS SHALL NOT BE
INCLUDED IN THE PUBLICATION.

S. 4705                             6

  S 7. Subdivision 9 of section 14-100 of the election law is amended by
adding two new paragraphs 4 and 5 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 PER CANDIDATE
WHO VOLUNTEERS FOR: TRANSPORTATION OF VOLUNTEERS TO  AND  FROM  CAMPAIGN
ACTIVITIES;  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.
  (5)  EXPENDITURES  FOR COMMUNICATIONS TO MEMBERS OR SHAREHOLDERS OF AN
ORGANIZATION FOR THE PURPOSE OF SUPPORTING OR OPPOSING A CANDIDATE OR  A
BALLOT  MEASURE  ARE  NOT  CONTRIBUTIONS OR EXPENDITURES, PROVIDED THOSE
EXPENDITURES ARE NOT MADE TO A GENERAL PUBLIC AUDIENCE.
  S 8. Section 14-100 of the election law is amended by adding five  new
subdivisions 12, 13, 14, 15 and 16 to read as follows:
  12. "EXPRESS ADVOCACY" MEANS A COMMUNICATION:
  (1)  THAT CONTAINS EXPRESS WORDS SUCH AS VOTE, OPPOSE, SUPPORT, ELECT,
DEFEAT, OR REJECT, WHICH CALL FOR THE ELECTION OR DEFEAT OF A CANDIDATE,
OR
  (2) WHEN TAKEN AS A WHOLE WITH LIMITED REFERENCE TO  EXTERNAL  EVENTS,
SUCH  AS  THE  PROXIMITY TO THE ELECTION, COULD ONLY BE INTERPRETED BY A
REASONABLE PERSON AS CONTAINING ADVOCACY OF THE ELECTION  OR  DEFEAT  OF
ONE OR MORE CLEARLY IDENTIFIED CANDIDATES BECAUSE:
  (A)  THE ELECTORAL PORTION OF THE COMMUNICATION IS UNMISTAKABLE, UNAM-
BIGUOUS, AND SUGGESTIVE OF ONLY ONE MEANING; AND
  (B) REASONABLE MINDS COULD NOT DIFFER  AS  TO  WHETHER  IT  ENCOURAGES
ACTIONS  TO ELECT OR DEFEAT ONE OR MORE CLEARLY IDENTIFIED CANDIDATES OR
ENCOURAGES SOME OTHER KIND OF ACTION.
  13. "CLEARLY IDENTIFIED CANDIDATE" MEANS THAT:
  (A) THE NAME OF THE CANDIDATE INVOLVED APPEARS;
  (B) A PHOTOGRAPH OR DRAWING OF THE CANDIDATE APPEARS; OR
  (C) THE IDENTITY OF THE CANDIDATE IS APPARENT  BY  UNAMBIGUOUS  REFER-
ENCE.
  14. "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 SHAREHOLDERS AND EXEC-
UTIVES OF A BUSINESS ENTITY.
  15. "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 ARTICLE,
EACH LOCAL, STATEWIDE, NATIONAL AND INTERNATIONAL LABOR ORGANIZATION AND
EACH NATIONAL, STATE, AREA AND LABOR CENTRAL LABOR BODY  RECEIVING  DUES
FROM  AFFILIATED  LABOR  ORGANIZATIONS,  SHALL  BE CONSIDERED A SEPARATE
LABOR ORGANIZATION.
  16. "INTERMEDIARY"  MEANS  AN  INDIVIDUAL,  CORPORATION,  PARTNERSHIP,
POLITICAL  COMMITTEE,  LABOR  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.

S. 4705                             7

  "INTERMEDIARY"  SHALL  NOT  INCLUDE  SPOUSES,  PARENTS,  CHILDREN,  OR
SIBLINGS OF THE PERSON MAKING SUCH CONTRIBUTION.
  S  9.  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 [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,  and  if  the  transferor,
contributor,  INTERMEDIARY, 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
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 DELIVERING THE CONTRIBUTION, UNLESS
THE EXPENSES OF SUCH EVENT AT SUCH RESIDENCE 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 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] TITLE.
  S  10.  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
ARTICLE:
  (A)  "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE IN SUPPORT OR
OPPOSITION OF A CANDIDATE: 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 COMMUNICATIONS CONVEYED TO FIVE HUNDRED OR MORE MEMBERS OF  A
GENERAL  PUBLIC  AUDIENCE BY PHONE, COMPUTER OR OTHER ELECTRONIC DEVICES
THAT:
  (I) EXPRESSLY ADVOCATES FOR THE ELECTION OR DEFEAT OF A CLEARLY  IDEN-
TIFIED CANDIDATE; AND
  (II)  THAT  THE CANDIDATE OR HIS OR HER AGENTS OR AUTHORIZED POLITICAL
COMMITTEE OR COMMITTEES DID NOT AUTHORIZE, REQUEST, SUGGEST,  FOSTER  OR
COOPERATE WITH IN ANY WAY.

S. 4705                             8

  (B)  "INDEPENDENT SPENDER" MEANS AN INDIVIDUAL OR ENTITY THAT MAKES AN
INDEPENDENT EXPENDITURE OR ELECTIONEERING COMMUNICATION.
  (C) "ELECTIONEERING COMMUNICATION" MEANS:
  (I)  AN  AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC AUDIENCE VIA
BROADCAST, CABLE OR SATELLITE, OR A COMMUNICATION MADE BY PAID ADVERTIS-
ING THAT IS PUBLISHED ON THE INTERNET OR IN A  NEWSPAPER  OR  PERIODICAL
DISTRIBUTED  TO  A  GENERAL  PUBLIC AUDIENCE, OR A COMMUNICATION TO FIVE
HUNDRED OR MORE MEMBERS OF A GENERAL PUBLIC AUDIENCE BY PHONE,  COMPUTER
OR OTHER ELECTRONIC DEVICES,
  (II)  WHICH  IS  BROADCAST OR PUBLISHED WITHIN SIXTY DAYS OF A GENERAL
ELECTION OR THIRTY DAYS OF A PRIMARY ELECTION,
  (III) WHICH  REFERS  TO  A  CLEARLY  IDENTIFIED  CANDIDATE  OR  BALLOT
PROPOSAL, AND
  (IV)  SUCH  CANDIDATE,  THE  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.
  (D) INDEPENDENT EXPENDITURES AND ELECTIONEERING COMMUNICATIONS 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.
  (E) FOR PURPOSES OF THIS SECTION, THE TERM "PERSON" SHALL MEAN PERSON,
GROUP OF PERSONS, ENTITY, ORGANIZATION OR ASSOCIATION.
  2. WHENEVER ANY PERSON MAKES AN INDEPENDENT  EXPENDITURE  OR  ELECTIO-
NEERING  COMMUNICATION  THAT COSTS MORE THAN ONE THOUSAND DOLLARS IN THE
AGGREGATE, SUCH COMMUNICATION SHALL CLEARLY STATE THE NAME OF THE PERSON
WHO PAID FOR, OR OTHERWISE PUBLISHED OR DISTRIBUTED,  THE  COMMUNICATION
AND 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 COMMUNICATION,
WHICHEVER IS GREATER, IN A SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY
THE FAIR ELECTIONS BOARD.
  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 ON STATEMENTS AS PROVIDED
FOR 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, ADDRESS, AND IF A NATURAL PERSON, OCCUPATION AND EMPLOY-
ER OF THE PERSON MAKING THE STATEMENT;
  (B) THE NAME, ADDRESS, AND IF A NATURAL PERSON, OCCUPATION AND EMPLOY-
ER OF THE PERSON MAKING THE INDEPENDENT  EXPENDITURE  OR  ELECTIONEERING
COMMUNICATION;

S. 4705                             9

  (C) IF THE INDEPENDENT SPENDER MAKES INDEPENDENT EXPENDITURES OR ELEC-
TIONEERING  COMMUNICATIONS  USING EXCLUSIVELY FUNDS IN A SEGREGATED BANK
ACCOUNT CONSISTING OF FUNDS THAT WERE PAID DIRECTLY TO SUCH  ACCOUNT  BY
PERSONS  OTHER  THAN  THE INDEPENDENT SPENDER THAT CONTROLS THE ACCOUNT,
FOR EACH SUCH PAYMENT TO THE ACCOUNT:
  (I) THE NAME, ADDRESS, AND IF A NATURAL PERSON, OCCUPATION AND EMPLOY-
ER OF EACH PERSON WHO MADE SUCH PAYMENT DURING THE PERIOD COVERED BY THE
STATEMENT;
  (II) THE DATE AND AMOUNT OF SUCH PAYMENT; AND
  (III)  THE  AGGREGATE  AMOUNT  OF ALL SUCH PAYMENTS MADE BY THE PERSON
AFTER JANUARY FIRST OF THE  YEAR  IN  WHICH  THE  PRIMARY,  GENERAL,  OR
SPECIAL  ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT; BUT ONLY IF SUCH
PAYMENT WAS MADE BY A PERSON WHO MADE PAYMENTS  TO  THE  ACCOUNT  IN  AN
AGGREGATE  AMOUNT OF ONE THOUSAND DOLLARS OR MORE AFTER JANUARY FIRST OF
THE YEAR IN WHICH THE PRIMARY, GENERAL, OR SPECIAL ELECTION IS HELD  FOR
THE PUBLIC OFFICE SOUGHT.
  (D) IF THE INDEPENDENT SPENDER MAKES INDEPENDENT EXPENDITURES OR ELEC-
TIONEERING  COMMUNICATIONS  USING FUNDS OTHER THAN FUNDS IN A SEGREGATED
BANK ACCOUNT DESCRIBED IN PARAGRAPH (E) OF THIS  SUBDIVISION,  FOR  EACH
PAYMENT TO THE INDEPENDENT SPENDER:
  (I) THE NAME, ADDRESS, AND IF A NATURAL PERSON, OCCUPATION AND EMPLOY-
ER OF EACH PERSON WHO MADE SUCH PAYMENT DURING THE PERIOD COVERED BY THE
STATEMENT;
  (II) THE DATE AND AMOUNT OF SUCH PAYMENT; AND
  (III)  THE  AGGREGATE  AMOUNT  OF ALL SUCH PAYMENTS MADE BY THE PERSON
AFTER JANUARY FIRST OF THE  YEAR  IN  WHICH  THE  PRIMARY,  GENERAL,  OR
SPECIAL  ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT; BUT ONLY IF SUCH
PAYMENT WAS MADE BY A PERSON WHO MADE PAYMENTS TO THE INDEPENDENT SPEND-
ER IN AN AGGREGATE AMOUNT OF ONE THOUSAND DOLLARS OR MORE AFTER  JANUARY
FIRST  OF THE YEAR IN WHICH THE PRIMARY, GENERAL, OR SPECIAL ELECTION IS
HELD FOR THE PUBLIC OFFICE SOUGHT.
  (E) 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
  (F) 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  INDEPENDENT
EXPENDITURES  OR ELECTIONEERING COMMUNICATIONS OF ONE HUNDRED DOLLARS OR
MORE AGGREGATING FIVE THOUSAND DOLLARS OR  MORE  IN  THE  TWELVE  MONTHS
PRECEDING  THE  ELECTION  FOR  COMMUNICATIONS  THAT  REFER TO ANY SINGLE
CANDIDATE, IT IS REQUIRED TO REPORT:
  (I) ALL CONTRIBUTIONS FROM OTHER ENTITIES SINCE THE FIRST DAY  OF  THE
CALENDAR YEAR PRECEDING THE YEAR OF THE ELECTION; AND

S. 4705                            10

  (II)  ALL  CONTRIBUTIONS  AGGREGATING  ONE  THOUSAND  DOLLARS  OR MORE
ACCEPTED FROM AN INDIVIDUAL  DURING  THE  TWELVE  MONTHS  PRECEDING  THE
ELECTION.
  (B)  EACH  CONTRIBUTION  SHALL BE DISCLOSED IN THE REPORTING PERIOD IN
WHICH IT WAS RECEIVED. FOR EACH CONTRIBUTION,  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; AND
  (III) THE DATE OF RECEIPT AND AMOUNT OF EACH SUCH CONTRIBUTIONS.
  (C)  EXEMPTION  FOR  EARMARKED  CONTRIBUTIONS.  CONTRIBUTIONS THAT ARE
EARMARKED  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  BOARD  TO
VERIFY THEIR QUALIFICATIONS 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 FAIR ELECTIONS BOARD SHALL PROMULGATE REGULATIONS WITH  RESPECT
TO THE STATEMENTS REQUIRED TO BE FILED BY THIS SECTION AND SHALL PROVIDE
FORMS SUITABLE FOR SUCH STATEMENTS.
  S  11. Section 14-110 of the election law, as amended by chapter 46 of
the laws of 1984, is amended to read as follows:
  S 14-110. Place for filing  statements.  The  places  for  filing  the
statements required by this article shall be determined by rule or regu-
lation  of  the  state  board  of elections; provided, however, that the
statements of a candidate for election to the office of governor,  lieu-
tenant  governor,  attorney general, comptroller, member of the legisla-
ture, delegate to a constitutional convention, justice  of  the  supreme
court or for nomination for any such office at a primary election and of
any  committee  aiding  or  taking  part in the designation, nomination,
election or defeat of candidates for one or  more  of  such  offices  or
promoting  the  success  or  defeat  of a question to be voted on by the
voters of the entire state shall  be  filed  with  the  state  board  of
elections  and in such other places as the state board of elections may,
by rule or  regulation  provide.    UPON  FILING,  THE  STATE  BOARD  OF
ELECTIONS  SHALL  MAKE  ALL STATEMENTS FILED THEREWITH READILY AVAILABLE
AND ACCESSIBLE TO THE FAIR ELECTIONS BOARD.
  S 12. Section 14-112 of the election law, as amended by chapter 930 of
the laws of 1981, is amended to read as follows:
  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 13. Sections 14-100, 14-102, 14-104, 14-106, 14-107, 14-108, 14-110,
14-112,  14-114, 14-116, 14-118, 14-120, 14-122, 14-124, 14-126, 14-127,
14-128 and 14-130 of the election law are designated title 1 and  a  new
title heading is added to read as follows:
                    RECEIPTS AND EXPENDITURES; GENERAL
  S  14. Article 14 of the election law is amended by adding a new title
2 to read as follows:

S. 4705                            11

                                TITLE II
                            PUBLIC FINANCING
SECTION 14-200. APPLICABILITY OF TITLE.
        14-202. DEFINITIONS.
        14-204. REPORTING REQUIREMENTS.
        14-206. ELIGIBILITY.
        14-208. QUALIFIED CAMPAIGN EXPENDITURES.
        14-210. OPTIONAL PUBLIC FINANCING.
        14-212. CONTRIBUTION AND RECEIPT LIMITATIONS.
        14-214. LIMITATIONS ON THE RECEIPT OF PUBLIC FUNDS.
        14-216. FAIR ELECTIONS BOARD; GENERAL POWERS AND DUTIES.
        14-218. EXAMINATIONS AND AUDITS.
        14-220. CIVIL ENFORCEMENT.
        14-222. CRIMINAL PENALTIES.
        14-224. REPORTS.
        14-226. DEBATES.
        14-228. DISTRIBUTIONS FROM CAMPAIGN FINANCE FUND.
  S 14-200. APPLICABILITY OF TITLE. THIS TITLE SHALL ONLY APPLY TO THOSE
CANDIDATES  WHO  ELECT  TO  PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING
SYSTEM.
  S 14-202. DEFINITIONS. AS USED IN THIS TITLE, UNLESS  ANOTHER  MEANING
IS CLEARLY INDICATED:
  1.  THE TERM "BOARD" OR "FAIR ELECTIONS BOARD" MEANS THE BOARD CREATED
BY SECTION 14-216 OF THIS TITLE TO ADMINISTER THE CAMPAIGN FINANCE FUND.
  2. THE TERM "ELIGIBLE CANDIDATE" SHALL MEAN A CANDIDATE FOR NOMINATION
OR ELECTION TO ANY OF THE  OFFICES  OF  GOVERNOR,  LIEUTENANT  GOVERNOR,
COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE STATE LEGISLATURE, AT-LARGE
DELEGATE  TO  A  CONSTITUTIONAL  CONVENTION  OR  DISTRICT  DELEGATE TO A
CONSTITUTIONAL CONVENTION.
  3. THE TERM "PARTICIPATING COMMITTEE" SHALL MEAN A  SINGLE  AUTHORIZED
POLITICAL  COMMITTEE  WHICH  A CANDIDATE CERTIFIES IS THE COMMITTEE THAT
WILL SOLELY BE USED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM ESTAB-
LISHED BY THIS TITLE AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMA-
RY, GENERAL OR SPECIAL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT.  A
MULTI-CANDIDATE COMMITTEE MAY NOT BE A PARTICIPATING COMMITTEE.
  4. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN A  CANDIDATE  WHO  IS
ELIGIBLE  TO  PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEM ESTAB-
LISHED BY THIS TITLE, HAS MET THE  THRESHOLD  FOR  ELIGIBILITY  AND  HAS
ELECTED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM.
  5.  THE  TERM  "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR
ANY OFFICE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING UNDER THIS TITLE FOR A
COVERED ELECTION WHO FAILS TO FILE A STATEMENT IN THE FORM OF AN AFFIDA-
VIT PURSUANT TO SECTION 14-210 OF THIS TITLE.
  6. THE TERM "MATCHABLE CONTRIBUTIONS" SHALL MEAN THAT PORTION  OF  THE
AGGREGATE  CONTRIBUTIONS  MADE  (A)  IN THE CASE OF A PRIMARY OR GENERAL
ELECTION, AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY OR GENER-
AL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT OR (B) IN THE CASE OF A
SPECIAL ELECTION, WITHIN SIX MONTHS OF SUCH ELECTION BY NATURAL  PERSONS
RESIDENT  IN  THE  STATE  OF  NEW  YORK TO A CANDIDATE FOR NOMINATION OR
ELECTION TO ANY OF THE OFFICES COVERED BY THE PROVISIONS OF  THIS  TITLE
WHICH  DO NOT EXCEED TWO HUNDRED FIFTY DOLLARS, WHICH HAVE BEEN REPORTED
IN FULL BY THE CANDIDATE'S PARTICIPATING COMMITTEE TO THE FAIR ELECTIONS
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:
  (A) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;

S. 4705                            12

  (B)  CONTRIBUTIONS  IN THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM
WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
  (C) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR OR OTHER-
WISE INDUCED BY A CHANCE TO PARTICIPATE IN A RAFFLE, LOTTERY, OR SIMILAR
DRAWING FOR VALUABLE PRIZES;
  (D)  MONEY  ORDER  CONTRIBUTIONS FROM ANY ONE CONTRIBUTOR THAT ARE, IN
THE AGGREGATE, GREATER THAN ONE HUNDRED DOLLARS;
  (E) CONTRIBUTIONS FROM INDIVIDUALS UNDER THE AGE OF EIGHTEEN YEARS;
  (F) 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
CANDIDATE'S  CERTIFICATION,  UNLESS  SUCH  EXPENDITURE IS REIMBURSING AN
ADVANCE.
  7. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE
FOR WHICH PUBLIC FUNDS MAY BE USED.
  8. THE TERM "FUND" SHALL MEAN THE NEW YORK STATE CAMPAIGN FINANCE FUND
CREATED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  9. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF TOTAL
MATCHABLE CONTRIBUTIONS THAT THE PARTICIPATING COMMITTEE OF AN OTHERWISE
ELIGIBLE CANDIDATE MUST RECEIVE, AS REQUIRED BY SECTION 14-206  OF  THIS
TITLE,  IN  ORDER  TO  QUALIFY FOR OPTIONAL PUBLIC FINANCING PURSUANT TO
THIS TITLE.
  10. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS IN SUBDIVI-
SION NINE OF SECTION 14-100 OF THIS ARTICLE.
  S 14-204. REPORTING REQUIREMENTS.  1.  EVERY  PARTICIPATING  CANDIDATE
SHALL NOT DESIGNATE MORE THAN ONE AUTHORIZED COMMITTEE. BEFORE RECEIVING
ANY  CONTRIBUTION OR MAKING ANY EXPENDITURE FOR A COVERED ELECTION, EACH
PARTICIPATING CANDIDATE SHALL NOTIFY THE FAIR ELECTIONS BOARD AS TO  THE
EXISTENCE  OF  HIS  OR HER AUTHORIZED COMMITTEE THAT HAS BEEN DESIGNATED
AND APPROVED BY SUCH CANDIDATE. EACH SUCH  AUTHORIZED  COMMITTEE  SHALL,
BEFORE  OPENING  A COMMITTEE BANK ACCOUNT, RECEIVING ANY CONTRIBUTION OR
MAKING ANY EXPENDITURE FOR A COVERED ELECTION:
  (A) DESIGNATE A TREASURER; AND
  (B) OBTAIN A TAX  IDENTIFICATION  NUMBER  FROM  THE  INTERNAL  REVENUE
SERVICE.
  2.  DISCLOSURE. (A) EVERY PARTICIPATING CANDIDATE SHALL FILE FINANCIAL
DISCLOSURE REPORTS WITH THE STATE BOARD  OF  ELECTIONS  AS  REQUIRED  BY
TITLE  ONE OF THIS ARTICLE. COPIES OF SUCH REPORTS SHALL ALSO BE SUBMIT-
TED TO THE FAIR ELECTIONS BOARD CREATED PURSUANT TO THIS ARTICLE AT  THE
SAME TIME SUCH REPORTS ARE FILED WITH THE STATE BOARD OF ELECTIONS.
  (B) THE FAIR ELECTIONS BOARD SHALL REVIEW EACH DISCLOSURE REPORT FILED
WITH  THE STATE BOARD OF ELECTIONS PURSUANT TO TITLE ONE OF THIS ARTICLE
AND SHALL  INFORM  PARTICIPATING  CANDIDATES  AND  POLITICAL  COMMITTEES
INCLUDING  THE  AUTHORIZED  COMMITTEE,  OF  RELEVANT  QUESTIONS THE FAIR
ELECTIONS BOARD HAS CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS OF THIS
TITLE AND OF THE RULES ISSUED BY THE  FAIR  ELECTIONS  BOARD;  AND  (II)
QUALIFICATION  FOR  RECEIVING  PUBLIC  MATCHING  FUNDS  PURSUANT TO THIS
TITLE. IN THE COURSE OF SUCH REVIEW, THE FAIR ELECTIONS BOARD SHALL GIVE
CANDIDATES AND POLITICAL COMMITTEES INCLUDING THE AUTHORIZED  COMMITTEE,
AN  OPPORTUNITY  TO RESPOND TO AND CORRECT POTENTIAL VIOLATIONS AND GIVE
CANDIDATES AN OPPORTUNITY TO ADDRESS QUESTIONS THE BOARD HAS  CONCERNING
THEIR MATCHABLE CONTRIBUTION CLAIMS OR OTHER ISSUES CONCERNING ELIGIBIL-
ITY  FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. NOTHING
IN THIS PARAGRAPH SHALL PRECLUDE THE BOARD FROM  SUBSEQUENTLY  REVIEWING
SUCH  A  DISCLOSURE REPORT AND TAKING ANY ACTION OTHERWISE AUTHORIZED BY
THIS TITLE.

S. 4705                            13

  (C) ONLY ITEMIZED CONTRIBUTIONS CONTAINED IN REPORTS  FILED  WITH  THE
FAIR  ELECTIONS  BOARD  SHALL BE ELIGIBLE FOR MATCHING FUNDS PURSUANT TO
THIS TITLE.
  S 14-206. 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 FAIR ELECTIONS BOARD ANY
EVIDENCE IT MAY REASONABLY REQUEST  RELATING  TO  HIS  OR  HER  CAMPAIGN
EXPENDITURES OR CONTRIBUTIONS AND FURNISH SUCH OTHER PROOF OF COMPLIANCE
WITH THIS TITLE AS MAY BE REQUESTED BY THE BOARD;
  (E)  HAVE  A  SINGLE  AUTHORIZED  POLITICAL  COMMITTEE WHICH HE OR SHE
CERTIFIES AS THE PARTICIPATING COMMITTEE FOR THE PURPOSES OF THIS TITLE;
  (F) AGREE TO IDENTIFY ACCURATELY IN ALL CAMPAIGN MATERIALS THE  PERSON
OR ENTITY THAT PAID FOR SUCH CAMPAIGN MATERIAL; AND
  (G)  AGREE NOT TO EXPEND FOR CAMPAIGN PURPOSES ANY PORTION OF ANY PRE-
EXISTING FUNDS RAISED FOR ANY PUBLIC OFFICE OR PARTY POSITION  PRIOR  TO
THE  DATE  OF  ELECTING TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM AS
SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION.  NOTHING IN  THIS  PARA-
GRAPH  SHALL  BE CONSTRUED TO LIMIT, IN ANY WAY, ANY CANDIDATE OR PUBLIC
OFFICIAL FROM EXPENDING ANY PORTION OF PRE-EXISTING CAMPAIGN  FUNDS  FOR
ANY LAWFUL PURPOSE OTHER THAN THOSE RELATED TO HIS OR HER CAMPAIGN.
  2.  THE THRESHOLD FOR ELIGIBILITY FOR PUBLIC FUNDING FOR CANDIDATES IN
A PRIMARY, GENERAL OR SPECIAL ELECTION FOR THE FOLLOWING  OFFICES  SHALL
BE:
  (A)  GOVERNOR  IN  A  PRIMARY  OR  GENERAL ELECTION. NOT LESS THAN SIX
HUNDRED FIFTY THOUSAND DOLLARS FROM AT LEAST SIX THOUSAND  FIVE  HUNDRED
MATCHABLE  CONTRIBUTIONS  MADE  UP  OF  SUMS  OF UP TO TWO HUNDRED FIFTY
DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
  (B) LIEUTENANT GOVERNOR IN  A  PRIMARY  ELECTION  AND  COMPTROLLER  OR
ATTORNEY  GENERAL  IN  A PRIMARY OR GENERAL ELECTION.  NOT LESS THAN TWO
HUNDRED THOUSAND DOLLARS FROM AT LEAST TWO THOUSAND  MATCHABLE  CONTRIB-
UTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY DOLLARS PER INDIVIDUAL
CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
  (C)  MEMBERS  OF  THE  STATE  SENATE  IN A PRIMARY, GENERAL OR SPECIAL
ELECTION. NOT LESS THAN  TWENTY  THOUSAND  DOLLARS  FROM  AT  LEAST  TWO
HUNDRED  MATCHABLE  CONTRIBUTIONS  MADE  UP OF SUMS OF UP TO TWO HUNDRED
FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW  YORK  STATE
INCLUDING  AT LEAST TEN THOUSAND DOLLARS FROM AT LEAST ONE HUNDRED INDI-
VIDUAL CONTRIBUTORS WHO RESIDE IN THE SENATE DISTRICT OR RESIDE  IN  ANY
PORTION  OF  ANY COUNTY WHICH CONSTITUTES ANY MEASURE OF THE 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

S. 4705                            14

ASSEMBLY DISTRICT OR RESIDE IN ANY PORTION OF ANY COUNTY  WHICH  CONSTI-
TUTES ANY MEASURE OF THE DISTRICT IN WHICH THE SEAT IS TO BE FILLED.
  (E)  AT-LARGE  DELEGATE TO A CONSTITUTIONAL CONVENTION IN A PRIMARY OR
GENERAL ELECTION. NOT LESS THAN TWENTY THOUSAND DOLLARS  FROM  AT  LEAST
TWO HUNDRED MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED
FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
  (F)  DISTRICT  DELEGATE TO A CONSTITUTIONAL CONVENTION IN A PRIMARY OR
GENERAL ELECTION. NOT LESS THAN FIVE  THOUSAND  DOLLARS  FROM  AT  LEAST
FIFTY MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY
DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN THE DISTRICT OR IN THE
CONSTITUENT COUNTY OR RESIDES IN ANY PORTION OF ANY COUNTY WHICH CONSTI-
TUTES ANY MEASURE OF THE DISTRICT IN WHICH THE SEAT IS TO BE FILLED.
  3.  IN  ORDER  TO  BE  ELIGIBLE  TO  RECEIVE PUBLIC FUNDS IN A PRIMARY
ELECTION A CANDIDATE MUST AGREE, THAT IN THE EVENT SUCH CANDIDATE  IS  A
CANDIDATE  FOR  SUCH  OFFICE  IN THE GENERAL ELECTION IN SUCH YEAR, THAT
SUCH CANDIDATE WILL BE BOUND BY THE PROVISIONS OF THIS TITLE, INCLUDING,
BUT NOT LIMITED TO, THE PUBLIC FUNDS RECEIPT LIMITS OF THIS TITLE.
  4. CANDIDATES WHO ARE CONTESTED IN A PRIMARY ELECTION AND WHO  DO  NOT
SEEK PUBLIC FUNDS SHALL NOT BE ELIGIBLE FOR PUBLIC FUNDS FOR THE GENERAL
ELECTION  IN  THAT  YEAR.  THE  PROVISIONS OF THIS SUBDIVISION SHALL NOT
APPLY TO CANDIDATES FOR THE OFFICE OF LIEUTENANT GOVERNOR.
  5. CANDIDATES WHO ARE UNOPPOSED IN A GENERAL OR SPECIAL ELECTION SHALL
NOT BE ELIGIBLE TO RECEIVE PUBLIC FUNDS.
  6. NO CANDIDATE FOR ELECTION TO AN OFFICE IN  A  PRIMARY,  GENERAL  OR
SPECIAL  ELECTION WHO HAS ELECTED TO PARTICIPATE IN THE PUBLIC FINANCING
SYSTEM SHALL BE DEEMED OPPOSED AND RECEIVE PUBLIC FUNDS UNLESS THERE  IS
AT LEAST ONE OTHER CANDIDATE, AS DEFINED BY SUBDIVISION SEVEN OF SECTION
14-100 OF THIS TITLE FOR SUCH OFFICE IN SUCH ELECTION.
  S  14-208.  QUALIFIED  CAMPAIGN EXPENDITURES. 1. PUBLIC FUNDS PROVIDED
UNDER THE PROVISIONS OF THIS TITLE MAY ONLY BE USED FOR EXPENDITURES  BY
THE PARTICIPATING COMMITTEE AUTHORIZED BY THE CANDIDATE TO MAKE EXPENDI-
TURES  ON SUCH CANDIDATE'S BEHALF, TO FURTHER THE CANDIDATE'S NOMINATION
OR ELECTION AFTER JANUARY FIRST OF THE YEAR  IN  WHICH  THE  PRIMARY  OR
GENERAL ELECTION IS HELD FOR THE OFFICE SOUGHT, FOR SERVICES, MATERIALS,
FACILITIES  OR OTHER THINGS OF VALUE USED DURING THAT CAMPAIGN CYCLE OR,
IN THE CASE OF A SPECIAL ELECTION, FOR EXPENDITURES  DURING  THE  PERIOD
COMMENCING  THREE  MONTHS BEFORE AND ENDING ONE MONTH AFTER SUCH SPECIAL
ELECTION.
  2. SUCH PUBLIC FUNDS MAY NOT BE USED FOR:
  (A) AN EXPENDITURE IN VIOLATION OF ANY LAW OF THE UNITED STATES OR  OF
THIS STATE;
  (B)  PAYMENTS  OR  ANYTHING OF VALUE GIVEN OR MADE TO THE CANDIDATE, A
RELATIVE OF THE CANDIDATE, OR TO A BUSINESS ENTITY  IN  WHICH  ANY  SUCH
PERSON  HAS  A TEN PERCENT OR GREATER OWNERSHIP INTEREST OR OF WHICH ANY
SUCH PERSON IS AN OFFICER, DIRECTOR OR EMPLOYEE IN EXCESS  OF  THE  FAIR
MARKET  VALUE OF SUCH 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
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.

S. 4705                            15

  (E)  ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION,  ACCEPTANCE,
AUTHORIZATION, DECLINATION OR SUBSTITUTION;
  (F)  EXPENDITURE FOR NONCAMPAIGN RELATED FOOD, DRINK OR ENTERTAINMENT;
AND
  (G) GIFTS.
  S 14-210. 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  FAIR  ELECTIONS  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 FAIR ELECTIONS BOARD  IN
ACCORDANCE  WITH  THE  PROVISIONS OF THIS TITLE, PROVIDED, HOWEVER, SUCH
PUBLIC FUNDS SHALL ONLY BE USED FOR QUALIFIED CAMPAIGN EXPENDITURES.
  3. (A) NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO  IS
UNOPPOSED  IN  A  PRIMARY ELECTION SHALL BE ENTITLED TO PAYMENT FROM THE
FUND FOR QUALIFIED CAMPAIGN EXPENDITURES.
  (B) WHERE THERE IS A CONTEST IN SUCH PRIMARY FOR THE NOMINATION OF  AT
LEAST ONE OTHER PARTY FOR SUCH OFFICE, THE PARTICIPATING COMMITTEE OF AN
UNOPPOSED  PARTICIPATING CANDIDATE FOR NOMINATION MAY RAISE AND SPEND AN
AMOUNT EQUAL TO ONE-HALF THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE,
AS FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT  PUBLIC
FUNDS, WITH CONTRIBUTIONS OF UP TO TWO THOUSAND DOLLARS PER CONTRIBUTOR.
SUCH  PAYMENT  CAN ONLY BE EXPENDED FOR PROPERTY, SERVICES OR FACILITIES
USED ON OR BEFORE THE DATE OF SUCH PRIMARY ELECTION.
  4. THE FAIR ELECTIONS BOARD SHALL  PROMPTLY  EXAMINE  ALL  REPORTS  OF
CONTRIBUTIONS  TO  DETERMINE  WHETHER,  ON  THEIR  FACE,  THEY  MEET THE
REQUIREMENTS FOR MATCHABLE CONTRIBUTIONS, AND SHALL  KEEP  A  RECORD  OF
SUCH CONTRIBUTIONS.
  5.  THE  FAIR  ELECTIONS  BOARD  SHALL  PROMULGATE REGULATIONS FOR THE
CERTIFICATION OF THE AMOUNT OF FUNDS PAYABLE BY  THE  COMPTROLLER,  FROM
THE  FUND  ESTABLISHED  PURSUANT  TO  SECTION  NINETY-TWO-T OF THE STATE
FINANCE LAW, TO A PARTICIPATING CANDIDATE THAT HAS QUALIFIED TO  RECEIVE
SUCH  PAYMENT.  THESE  REGULATIONS  SHALL  INCLUDE  THE PROMULGATION AND
DISTRIBUTION OF FORMS ON WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO  BE
REPORTED,  THE  PERIODS  DURING WHICH SUCH REPORTS MUST BE FILED AND THE
VERIFICATION REQUIRED. THE BOARD SHALL INSTITUTE PROCEDURES  WHICH  WILL
MAKE POSSIBLE PAYMENT BY THE FUND WITHIN TWO BUSINESS DAYS AFTER RECEIPT
OF THE REQUIRED FORMS AND VERIFICATIONS.
  S  14-212.  CONTRIBUTION  AND RECEIPT LIMITATIONS. 1.  IN ANY PRIMARY,
SPECIAL OR GENERAL ELECTION FOR ANY STATEWIDE OFFICE, STATE  LEGISLATIVE
OFFICE  OR  CONSTITUTIONAL CONVENTION DELEGATE NO CONTRIBUTOR MAY MAKE A
CONTRIBUTION TO ANY PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S  PARTIC-
IPATING  COMMITTEE,  AND  NO  PARTICIPATING  CANDIDATE  OR PARTICIPATING

S. 4705                            16

COMMITTEE MAY ACCEPT ANY CONTRIBUTION FROM ANY CONTRIBUTOR WHICH, IN THE
AGGREGATE AMOUNT, IS GREATER THAN TWO THOUSAND DOLLARS.
  2.  (A) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE
AS FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT  PUBLIC
FUNDS,  A PARTICIPATING CANDIDATE FOR GOVERNOR OR LIEUTENANT GOVERNOR IN
A PRIMARY OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING  COMMIT-
TEE  MAY  ACCEPT  FROM A STATE CONSTITUTED COMMITTEE WHICH HAS NOMINATED
SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE,  DOES  NOT
EXCEED  TWO  MILLION  FIVE  HUNDRED THOUSAND DOLLARS; PROVIDED, HOWEVER,
THAT TWENTY-FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A
TRANSFER.
  (B) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE  AS
FIXED  BY  THIS  TITLE  FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
FUNDS, A PARTICIPATING CANDIDATE FOR ATTORNEY GENERAL OR COMPTROLLER  IN
A  PRIMARY OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING COMMIT-
TEE MAY ACCEPT FROM A STATE CONSTITUTED COMMITTEE  WHICH  HAS  NOMINATED
SUCH  CANDIDATE  SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT
EXCEED ONE MILLION DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE  PERCENT
OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (C)  NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS
FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE  ELECTED  TO  ACCEPT  PUBLIC
FUNDS, A PARTICIPATING CANDIDATE FOR STATE SENATOR IN A PRIMARY, GENERAL
OR  SPECIAL  ELECTION  OR  SUCH  CANDIDATE'S PARTICIPATING COMMITTEE MAY
ACCEPT FROM A STATE  CONSTITUTED  COMMITTEE  WHICH  HAS  NOMINATED  SUCH
CANDIDATE  SERVICES  IN    AN  AMOUNT  WHICH, IN THE AGGREGATE, DOES NOT
EXCEED ONE HUNDRED THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE
PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (D) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE  AS
FIXED  BY  THIS  TITLE  FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
FUNDS, A PARTICIPATING CANDIDATE FOR MEMBER OF THE ASSEMBLY IN A  PRIMA-
RY,  GENERAL  OR  SPECIAL  ELECTION  OR  SUCH  CANDIDATE'S PARTICIPATING
COMMITTEE MAY ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS  NOMI-
NATED SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES
NOT  EXCEED  FIFTY THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE
PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (E) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE  AS
FIXED  BY  THIS  TITLE  FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
FUNDS, A PARTICIPATING CANDIDATE FOR DELEGATE AT-LARGE  TO  A  CONSTITU-
TIONAL  CONVENTION IN A GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPAT-
ING COMMITTEE MAY ACCEPT FROM A STATE CONSTITUTED  COMMITTEE  WHICH  HAS
NOMINATED  SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE,
DOES NOT EXCEED FIFTY THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT  TWENTY-
FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (F)  NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS
FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE  ELECTED  TO  ACCEPT  PUBLIC
FUNDS,  A  PARTICIPATING  CANDIDATE FOR DISTRICT DELEGATE TO A CONSTITU-
TIONAL CONVENTION IN A GENERAL ELECTION OR SUCH CANDIDATE'S  PARTICIPAT-
ING  COMMITTEE  MAY  ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS
NOMINATED SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE  AGGREGATE,
DOES   NOT   EXCEED   TEN  THOUSAND  DOLLARS;  PROVIDED,  HOWEVER,  THAT
TWENTY-FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED  IN  THE  FORM  OF  A
TRANSFER.
  (G)  FOR  PURPOSES  OF  THIS  SUBDIVISION,  THE TERM STATE CONSTITUTED
COMMITTEE INCLUDES ANY OF ITS SUBCOMMITTEES.
  3. NOTWITHSTANDING ANY PUBLIC FUNDS RECEIPT LIMIT IN THIS SUBDIVISION,
EACH COUNTY COMMITTEE OF ANY  PARTY  WHICH  NOMINATES  A  CANDIDATE  FOR

S. 4705                            17

STATEWIDE  OFFICE OR STATE LEGISLATIVE OFFICE, INCLUDING WITHIN THE TERM
COUNTY COMMITTEE ANY OF ITS SUBCOMMITTEES, MAY EXPEND IN SUPPORT OF SUCH
PARTY'S CANDIDATES FOR STATEWIDE OFFICE OR STATE LEGISLATIVE OFFICE  WHO
HAS  AGREED TO ACCEPT PUBLIC FINANCING, AN AMOUNT WHICH SHALL NOT EXCEED
THE SUM OF TWO CENTS FOR EACH VOTER REGISTERED IN SUCH COUNTY AS  DETER-
MINED  BY  THE  RECORDS  OF THE APPROPRIATE BOARD OF ELECTIONS AS OF THE
PRECEDING GENERAL ELECTION.
  4. IN COMPUTING THE AGGREGATE AMOUNT EXPENDED  FOR  PURPOSES  OF  THIS
SECTION,  EXPENDITURES MADE BY A STATE CONSTITUTED COMMITTEE OR A COUNTY
COMMITTEE IN SUPPORT OF MORE THAN ONE CANDIDATE SHALL BE ALLOCATED AMONG
SUCH CANDIDATES SUPPORTED BY THE COMMITTEE IN ACCORDANCE  WITH  FORMULAS
PROMULGATED BY THE FAIR ELECTIONS BOARD OR, IN THE ABSENCE OF SUCH OFFI-
CIAL FORMULAS, IN ACCORDANCE WITH A FORMULA BASED UPON REASONABLE STAND-
ARDS.  THE  STATEMENTS FILED BY SUCH CONSTITUTED 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 OR THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED
BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS.
  6.  EXCEPT FOR THE LIMITATIONS SPECIFICALLY SET FORTH IN THIS SECTION,
PARTICIPATING CANDIDATES SHALL BE SUBJECT  TO  THE  PROVISIONS  OF  THIS
ARTICLE.
  S  14-214.  LIMITATIONS ON THE RECEIPT OF PUBLIC FUNDS.  THE FOLLOWING
LIMITATIONS APPLY TO THE RECEIPT OF PUBLIC FUNDS BY PARTICIPATING CANDI-
DATES AND THEIR PARTICIPATING COMMITTEES  RECEIVING  SUCH  PUBLIC  FUNDS
PURSUANT TO THE PROVISIONS OF THIS TITLE:
  1.  IN  ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS BY PARTICIPATING
CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
  (I) FOR GOVERNOR, THE SUM OF NINE MILLION DOLLARS;
  (II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
OF SIX MILLION DOLLARS;
  (III) FOR SENATOR, THE SUM OF THREE HUNDRED FIFTY THOUSAND DOLLARS;
  (IV) FOR MEMBER OF THE ASSEMBLY, THE SUM OF ONE HUNDRED FIFTY THOUSAND
DOLLARS;
  (V) FOR AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION, THE  SUM  OF
ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS;
  (VI) FOR DISTRICT DELEGATES TO A CONSTITUTIONAL CONVENTION, THE SUM OF
FIFTY THOUSAND DOLLARS;
  2.  IN  ANY  GENERAL  OR  SPECIAL ELECTION, RECEIPT OF PUBLIC FUNDS BY
PARTICIPATING CANDIDATES FOR THE FOLLOWING OFFICES AND BY THEIR  PARTIC-
IPATING COMMITTEES SHALL NOT EXCEED THE FOLLOWING AMOUNTS:
  CANDIDATES FOR ELECTION TO THE OFFICE OF:
  GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED)                $12,000,000
  ATTORNEY GENERAL                                           $8,000,000

S. 4705                            18

  COMPTROLLER                                                $8,000,000
  MEMBER OF SENATE                                           $400,000
  MEMBER OF ASSEMBLY                                         $200,000
  DELEGATE AT-LARGE TO A CONSTITUTIONAL CONVENTION           $350,000
  DISTRICT DELEGATE TO A CONSTITUTIONAL CONVENTION           $75,000
  3. PARTICIPATING CANDIDATES FOR OFFICE WHO ARE UNOPPOSED IN THE PRIMA-
RY  ELECTION  MAY  RECEIVE PUBLIC FUNDS BEFORE THE PRIMARY ELECTION, FOR
SERVICES, MATERIALS OR FACILITIES USED ON OR BEFORE  THE  DATE  OF  SUCH
PRIMARY  ELECTION, AN AMOUNT EQUAL TO HALF THE SUM SUCH CANDIDATES WOULD
BE ENTITLED TO RECEIVE IF THEIR NOMINATION WAS CONTESTED IN SUCH PRIMARY
ELECTION PROVIDED THERE IS A PRIMARY CONTEST FOR THE  NOMINATION  OF  AT
LEAST ONE OTHER PARTY FOR SUCH OFFICE.
  4.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE AMOUNT OF
PRIVATE FUNDS A PARTICIPATING  CANDIDATE  MAY  RECEIVE  SUBJECT  TO  THE
CONTRIBUTION LIMITS CONTAINED IN SECTION 14-212 OF THIS TITLE.
  5.  AT  THE  BEGINNING OF EACH SECOND CALENDAR YEAR, COMMENCING IN TWO
THOUSAND SIXTEEN, THE FAIR ELECTIONS BOARD SHALL DETERMINE THE  PERCENT-
AGE OF THE DIFFERENCE BETWEEN THE MOST RECENT AVAILABLE MONTHLY CONSUMER
PRICE  INDEX  FOR ALL URBAN CONSUMERS PUBLISHED BY THE THE UNITED STATES
BUREAU OF LABOR STATISTICS AND SUCH CONSUMER PRICE INDEX  PUBLISHED  FOR
THE  SAME  MONTH  FOUR YEARS PREVIOUSLY. THE AMOUNT OF EACH PUBLIC FUNDS
RECEIPT LIMITATION FIXED IN THIS SECTION 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 PUBLIC FUND RECEIPT LIMIT AS SO ADJUSTED  SHALL
BE THE PUBLIC FUNDS RECEIPT LIMIT IN EFFECT FOR ANY ELECTION HELD BEFORE
THE NEXT SUCH ADJUSTMENT.
  S  14-216.  FAIR ELECTIONS BOARD; GENERAL POWERS AND DUTIES. 1.  THERE
SHALL BE A BOARD WITHIN THE STATE BOARD OF ELECTIONS KNOWN AS THE  "FAIR
ELECTIONS  BOARD" COMPOSED OF FIVE MEMBERS, OF WHICH ONE MEMBER SHALL BE
APPOINTED BY THE GOVERNOR AND ONE MEMBER  SHALL  BE  APPOINTED  BY  EACH
LEGISLATIVE  LEADER  OF  THE SENATE AND ASSEMBLY.  NO MEMBER OF THE FAIR
ELECTIONS BOARD SHALL HOLD ELECTIVE OFFICE, NOR SHALL ANY  MEMBER  BE  A
LOBBYIST  AS DEFINED IN SUBDIVISION (A) OF SECTION ONE-C OF THE LEGISLA-
TIVE LAW. THE CHAIR SHALL BE RESPONSIBLE FOR MANAGING THE FAIR ELECTIONS
BOARD. THE MEMBERS SHALL EACH SERVE FOR A TERM OF FOUR YEARS.
  2. EACH MEMBER'S TERM SHALL COMMENCE ON JANUARY  FIRST,  TWO  THOUSAND
FOURTEEN. IN CASE OF A VACANCY IN THE OFFICE OF A MEMBER, A MEMBER SHALL
BE  APPOINTED  ACCORDING  TO  THE  ORIGINAL  MANNER OF APPOINTMENT. EACH
MEMBER SHALL BE A RESIDENT OF THE STATE OF NEW YORK  AND  REGISTERED  TO
VOTE  THEREIN.  EACH  MEMBER  SHALL AGREE NOT TO MAKE AND SHALL NOT MAKE
CONTRIBUTIONS TO ANY CANDIDATE OR AUTHORIZED  COMMITTEE  FOR  NOMINATION
FOR  ELECTION  OR  FOR  ELECTION  TO THE OFFICE OF STATE COMPTROLLER. NO
MEMBER SHALL SERVE AS AN OFFICER OF A POLITICAL PARTY OR COMMITTEE OR BE
A CANDIDATE OR PARTICIPATE IN ANY CAPACITY IN A CAMPAIGN BY A  CANDIDATE
FOR  NOMINATION  FOR  ELECTION,  OR  FOR ELECTION TO THE OFFICE OF STATE
COMPTROLLER. AN OFFICER OR EMPLOYEE OF THE STATE  OR  ANY  STATE  AGENCY
SHALL NOT BE ELIGIBLE TO BE A MEMBER OF THE FAIR ELECTIONS BOARD.
  3.  THE  MEMBERS  OF  THE  FAIR  ELECTIONS  BOARD SHALL BE ENTITLED TO
RECEIVE PAYMENT FOR  ACTUAL  AND  NECESSARY  EXPENSES  INCURRED  IN  THE
PERFORMANCE OF THEIR DUTIES AS MEMBERS OF SUCH BOARD.
  4.  A  MEMBER  OF THE FAIR ELECTIONS BOARD MAY BE REMOVED FOR CAUSE BY
THE APPOINTING AUTHORITY UPON NOTICE AND AN OPPORTUNITY FOR A HEARING.
  5.  THE FAIR ELECTIONS BOARD SHALL APPOINT AN ENFORCEMENT  COUNSEL,  A
DEPUTY  ENFORCEMENT  COUNSEL, WHO SHALL BE A MEMBER OF A DIFFERENT MAJOR

S. 4705                            19

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  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.
THE FAIR ELECTIONS BOARD MAY UTILIZE EXISTING STAFF OF THE  STATE  BOARD
OF  ELECTIONS  AS  MAY  BE  NECESSARY,  AND  MAKE NECESSARY EXPENDITURES
SUBJECT TO APPROPRIATION. THE FAIR ELECTIONS BOARD SHALL RETAIN AN INDE-
PENDENT AUDITOR TO PERFORM ONGOING AUDITS OF EACH  COVERED  ELECTION  BY
CONTRACT ENTERED INTO PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE OF THE
STATE FINANCE LAW.
  6.  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 THIS SECTION, THE MEMBERS, OR IN THE CASE OF A VACANCY
ON THE FAIR ELECTIONS BOARD, THE MEMBERS, OF  EACH  OF  THE  SAME  MAJOR
POLITICAL PARTY AS THE INCUMBENT ENFORCEMENT COUNSEL, DEPUTY ENFORCEMENT
COUNSEL,  SHALL  APPOINT SUCH COUNSELS, AND DEPUTIES. ANY VACANCY IN THE
OFFICE OF ENFORCEMENT COUNSEL, DEPUTY ENFORCEMENT COUNSEL, SPECIAL COUN-
SEL, SPECIAL DEPUTY COUNSEL, DIRECTOR OF PUBLIC INFORMATION  AND  DEPUTY
DIRECTOR  OF  PUBLIC  INFORMATION  SHALL BE FILLED BY THE MEMBERS OF THE
FAIR ELECTIONS BOARD OR IN THE CASE OF  A  VACANCY  ON  THE  BOARD,  THE
MEMBERS  OF THE SAME MAJOR POLITICAL PARTY AS THE VACATING INCUMBENT FOR
THE REMAINING PERIOD OF THE TERM OF SUCH VACATING INCUMBENT.
  7. IN ADDITION TO THE ENFORCEMENT POWERS, AND  ANY  OTHER  POWERS  AND
DUTIES SPECIFIED BY LAW, THE FAIR ELECTIONS BOARD SHALL:
  (A)(I)  RENDER  ADVISORY  OPINIONS  WITH  RESPECT TO QUESTIONS ARISING
UNDER THIS TITLE UPON THE WRITTEN REQUEST OF A CANDIDATE, AN OFFICER  OF
A  POLITICAL  COMMITTEE  OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITI-
ATIVE; (II) PROMULGATE RULES REGARDING REASONABLE TIMES  TO  RESPOND  TO
SUCH REQUESTS; AND (III) MAKE PUBLIC THE QUESTIONS OF INTERPRETATION FOR
WHICH  ADVISORY  OPINIONS WILL BE CONSIDERED BY THE FAIR ELECTIONS BOARD
AND ITS ADVISORY OPINIONS, INCLUDING BY PUBLICATION ON ITS WEBSITE;
  (B) DEVELOP A PROGRAM FOR INFORMING AND TRAINING  CANDIDATES  AND  THE
PUBLIC  AS  TO  THE  PURPOSE AND EFFECT OF THE PROVISIONS OF THIS TITLE,
INCLUDING BY MEANS OF A WEBSITE;
  (C) HAVE THE AUTHORITY TO PROMULGATE SUCH RULES  AND  REGULATIONS  AND
PRESCRIBE SUCH FORMS AS THE FAIR ELECTIONS BOARD DEEMS NECESSARY FOR THE
ADMINISTRATION OF THIS TITLE; AND
  (D) IN CONJUNCTION WITH THE STATE BOARD OF ELECTIONS DEVELOP AN INTER-
ACTIVE,  SEARCHABLE COMPUTER DATABASE THAT SHALL CONTAIN ALL INFORMATION
NECESSARY FOR THE PROPER ADMINISTRATION OF THIS TITLE INCLUDING INFORMA-
TION ON CONTRIBUTIONS  TO  AND  EXPENDITURES  BY  CANDIDATES  AND  THEIR
AUTHORIZED  COMMITTEES  AND  DISTRIBUTIONS  OF  MONEYS FROM THE FUND AND
SHALL BE ACCESSIBLE TO THE PUBLIC  ON  THE  STATE  BOARD  OF  ELECTIONS'
WEBSITE.
  8.  CONSISTENT WITH THE PROVISIONS OF THE CIVIL SERVICE LAW AND SUBDI-
VISION SEVENTEEN OF SECTION SEVENTY-THREE OF THE  PUBLIC  OFFICERS  LAW,
AND NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, ALL
POSITIONS  ON  THE STAFF OF THE FAIR ELECTIONS BOARD SHALL BE CLASSIFIED
IN THE EXEMPT CLASS OF THE CIVIL SERVICE AND  SUCH  POSITIONS  SHALL  BE
FILLED,  TO  THE  EXTENT  POSSIBLE, WITH AN EQUAL NUMBER OF PERSONS FROM
EACH OF THE TWO POLITICAL PARTIES FOR WHICH THE  HIGHEST  AND  THE  NEXT
HIGHEST NUMBER OF VOTES WERE CAST FOR THE OFFICE OF STATE COMPTROLLER AT
THE LAST PRECEDING GENERAL ELECTION FOR SUCH OFFICE.

S. 4705                            20

  9.  THE  FAIR  ELECTIONS  BOARD'S  ADMINISTRATION OF THE FUND SHALL BE
GOVERNED BY THE PROVISIONS OF THIS TITLE AND SECTION NINETY-TWO-T OF THE
STATE FINANCE LAW.
  10.  THE FAIR ELECTIONS BOARD AND ITS PROCEEDINGS SHALL BE GOVERNED BY
THE STATE ADMINISTRATIVE PROCEDURE ACT AND SUBJECT TO ARTICLES  SIX  AND
SEVEN OF THE PUBLIC OFFICERS LAW.
  11. THE FAIR ELECTIONS BOARD MAY TAKE SUCH OTHER ACTIONS AS ARE NECES-
SARY AND PROPER TO CARRY OUT THE PURPOSES OF THIS TITLE.
  S  14-218.  EXAMINATIONS AND AUDITS. 1. THE FAIR ELECTIONS BOARD SHALL
CONDUCT A THOROUGH EXAMINATION AND AUDIT OF THE CONTRIBUTIONS AND QUALI-
FIED CAMPAIGN EXPENSES OF THE PARTICIPATING COMMITTEE OF  EVERY  PARTIC-
IPATING  CANDIDATE  WHO  RECEIVED PAYMENTS PURSUANT TO SECTION 14-210 OF
THIS TITLE.  SUCH AUDITS SHALL BE CONDUCTED AS FREQUENTLY  AS  THE  FAIR
ELECTIONS  BOARD  DEEMS  NECESSARY TO ENSURE COMPLIANCE WITH THIS TITLE.
EVERY CANDIDATE WHO RECEIVES PUBLIC  MATCHING  FUNDS  UNDER  THIS  TITLE
SHALL  ALSO  BE  AUDITED  BY THE FAIR ELECTIONS BOARD POST-ELECTION. THE
COST OF COMPLYING WITH A POST-ELECTION  AUDIT  SHALL  BE  BORNE  BY  THE
CANDIDATE'S  AUTHORIZED  COMMITTEE.  A CANDIDATE WHO HAS RECEIVED PUBLIC
MATCHING FUNDS UNDER THIS TITLE MUST MAINTAIN A RESERVE OF AT LEAST  ONE
PERCENT OF THE TOTAL AMOUNT OF MATCHING FUNDS RECEIVED BY SUCH CANDIDATE
IN HIS OR HER CAMPAIGN ACCOUNT TO COMPLY WITH THE POST-ELECTION AUDIT. A
CANDIDATE  WHO RUNS IN BOTH A PRIMARY AND A GENERAL ELECTION, MUST MAIN-
TAIN A RESERVE OF ONE PERCENT OF THE TOTAL  AMOUNT  OF  PUBLIC  MATCHING
FUNDS RECEIVED BY SUCH CANDIDATE FOR BOTH HIS OR HER PRIMARY AND GENERAL
ELECTION.  A CANDIDATE MAY USE PUBLIC MATCHING FUNDS, PRIVATE FUNDS OR A
COMBINATION OF PUBLIC AND PRIVATE FUNDS TO COMPLY WITH  A  POST-ELECTION
AUDIT. THE FAIR ELECTIONS BOARD SHALL ISSUE TO EACH CAMPAIGN AUDITED THE
FINAL  POST-ELECTION  AUDIT  REPORT  THAT DETAILS ITS FINDINGS AND SHALL
PROVIDE SUCH AUDIT TO THE GOVERNOR AND LEGISLATIVE LEADERS AND MAKE SUCH
AUDIT REPORT AVAILABLE ON THE STATE BOARD OF ELECTIONS' WEBSITE.
  2. (A) IF THE FAIR ELECTIONS 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
ENTITLED PURSUANT TO SECTION 14-210 OF THIS TITLE, IT SHALL NOTIFY  SUCH
COMMITTEE  OF THE EXCESS AMOUNT AND SUCH COMMITTEE SHALL PAY TO THE FAIR
ELECTIONS BOARD AN AMOUNT  EQUAL  TO  THE  AMOUNT  OF  EXCESS  PAYMENTS;
PROVIDED,  HOWEVER,  THAT  IF  THE ERRONEOUS PAYMENT WAS DUE TO AN ERROR
MADE BY THE FAIR ELECTIONS BOARD, THEN THE  ERRONEOUS  PAYMENT  WILL  BE
OFFSET  AGAINST  ANY FUTURE PAYMENT, IF ANY. THE PARTICIPATING CANDIDATE
AND HIS OR HER PARTICIPATING COMMITTEE SHALL BE  JOINTLY  AND  SEVERALLY
LIABLE FOR ANY REPAYMENTS DUE TO THE FAIR ELECTIONS BOARD FOR DEPOSIT BY
SUCH BOARD INTO THE NEW YORK STATE CAMPAIGN FUND.
  (B)  IF  THE  BOARD  DETERMINES  THAT  ANY AMOUNT OF PAYMENT MADE TO A
PARTICIPATING COMMITTEE FROM THE FUND WAS USED FOR PURPOSES  OTHER  THAN
TO  DEFRAY QUALIFIED CAMPAIGN EXPENSES, IT SHALL NOTIFY SUCH PARTICIPAT-
ING COMMITTEE OF THE AMOUNT DISQUALIFIED AND SUCH PARTICIPATING  COMMIT-
TEE  SHALL  PAY  TO  THE  FAIR  ELECTIONS  BOARD AN AMOUNT EQUAL TO SUCH
DISQUALIFIED AMOUNT.  SUCH MONIES SHALL BE DEPOSITED INTO THE  NEW  YORK
STATE  CAMPAIGN FINANCE FUND CREATED PURSUANT TO SECTION NINETY-TWO-T OF
THE STATE FINANCE LAW.   THE CANDIDATE AND  THE  CANDIDATE'S  AUTHORIZED
COMMITTEE  SHALL  BE JOINTLY AND SEVERALLY LIABLE FOR ANY REPAYMENTS DUE
TO THE FAIR ELECTIONS BOARD.
  (C) IF THE TOTAL OF CONTRIBUTIONS AND PAYMENTS FROM THE FUND  RECEIVED
BY  ANY  PARTICIPATING  CANDIDATE  AND  SUCH  CANDIDATE'S  PARTICIPATING
COMMITTEE, EXCEEDS THE PUBLIC FUNDING RECEIPT LIMITATION OF SUCH  CANDI-
DATE  AND  COMMITTEE, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS

S. 4705                            21

FUNDS TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH COMMITTEE FROM
THE FUND NOT LATER THAN TEN DAYS AFTER ALL PERMISSIBLE LIABILITIES  HAVE
BEEN PAID AND IN ANY EVENT, NOT LATER THAN TWENTY DAYS AFTER THE DATE ON
WHICH  THE  FAIR  ELECTIONS  BOARD ISSUES ITS FINAL AUDIT REPORT FOR THE
PARTICIPATING CANDIDATE'S COMMITTEE; PROVIDED, HOWEVER, THAT ALL UNSPENT
MATCHING FUNDS FOR A PARTICIPATING CANDIDATE SHALL  BE  IMMEDIATELY  DUE
AND  PAYABLE  TO  THE FAIR ELECTIONS BOARD FOR DEPOSIT INTO THE NEW YORK
STATE CAMPAIGN FINANCE FUND UPON ITS DETERMINATION THAT THE  PARTICIPANT
WILLFULLY  DELAYED  THE  POST-ELECTION  AUDIT  PROCESS.  A PARTICIPATING
CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES ONLY  FOR  ROUTINE  ACTIV-
ITIES  INVOLVING  NOMINAL  COSTS  ASSOCIATED  WITH ENDING A CAMPAIGN AND
RESPONDING TO THE POST-ELECTION AUDIT.
  3. IF A COURT OF COMPETENT JURISDICTION DISQUALIFIES A CANDIDATE WHOSE
PARTICIPATING COMMITTEE HAS RECEIVED PUBLIC FUNDS ON  THE  GROUNDS  THAT
SUCH  CANDIDATE  COMMITTED FRAUDULENT ACTS IN ORDER TO OBTAIN A PLACE ON
THE BALLOT AND SUCH DECISION IS NOT REVERSED BY  A  HIGHER  COURT,  SUCH
CANDIDATE  AND SUCH CANDIDATE'S PARTICIPATING COMMITTEE SHALL PAY TO THE
FAIR ELECTIONS BOARD AN AMOUNT  EQUAL  TO  THE  TOTAL  OF  PUBLIC  FUNDS
RECEIVED BY SUCH PARTICIPATING COMMITTEE.
  4.  THE  BOARD  MUST PROVIDE WRITTEN NOTICE OF ALL PAYMENTS DUE FROM A
PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE TO THE  BOARD  AND
PROVIDE AN OPPORTUNITY FOR THE CANDIDATE OR COMMITTEE TO REBUT, IN WHOLE
OR  IN  PART, THE ALLEGED AMOUNT DUE. UPON A FINAL WRITTEN DETERMINATION
BY THE BOARD, THE AMOUNT DUE SHALL BE PAID TO THE  BOARD  WITHIN  THIRTY
DAYS OF SUCH DETERMINATION.
  5.  ALL  PAYMENTS RECEIVED BY THE BOARD PURSUANT TO THIS SECTION SHALL
BE DEPOSITED IN THE NEW YORK STATE CAMPAIGN FINANCE FUND ESTABLISHED  BY
SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  S 14-220. CIVIL ENFORCEMENT. 1. ANY PERSON OR AUTHORIZED COMMITTEE WHO
KNOWINGLY AND WILFULLY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS
OF  THIS  TITLE  SHALL  BE  SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THE
AMOUNT OF FIVE THOUSAND DOLLARS.
  2. ANY PERSON OR AUTHORIZED COMMITTEE WHO KNOWINGLY AND  INTENTIONALLY
VIOLATES ANY OTHER PROVISION OF THIS TITLE OR ANY RULE PROMULGATED HERE-
UNDER  SHALL  BE  SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THE AMOUNT OF
TEN THOUSAND DOLLARS.
  3. FINES AUTHORIZED UNDER THIS SECTION WILL BE  IMPOSED  BY  THE  FAIR
ELECTIONS  BOARD  AFTER A HEARING AT WHICH THE SUBJECT PERSON OR AUTHOR-
IZED COMMITTEE SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD.  SUCH  HEARING
SHALL  BE  HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY BE PRESCRIBED
BY THE RULES OF THE FAIR ELECTIONS BOARD.  FOR  PURPOSES  OF  CONDUCTING
SUCH  HEARINGS, THE FAIR ELECTIONS BOARD SHALL BE DEEMED TO BE AN AGENCY
WITHIN THE MEANING OF ARTICLE THREE OF THE STATE  ADMINISTRATIVE  PROCE-
DURE  ACT  AND  SHALL  ADOPT RULES GOVERNING THE CONDUCT OF ADJUDICATORY
PROCEEDINGS AND APPEALS TAKEN PURSUANT TO A PROCEEDING  COMMENCED  UNDER
ARTICLE  SEVENTY-EIGHT  OF  THE CIVIL PRACTICE LAW AND RULES RELATING TO
THE ASSESSMENT OF THE CIVIL PENALTIES HEREIN AUTHORIZED.
  4. THE FAIR ELECTIONS BOARD  SHALL  PUBLISH  ON  THE  STATE  BOARD  OF
ELECTIONS'  WEBSITE  THE  FINAL  ORDER  ADJUDICATING  ANY MATTER BROUGHT
PURSUANT TO THIS SECTION.
  5. ALL PAYMENTS RECEIVED BY THE FAIR ELECTIONS BOARD PURSUANT TO  THIS
SECTION  SHALL  BE  DEPOSITED  IN THE NEW YORK STATE FAIR ELECTIONS FUND
ESTABLISHED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  S 14-222. CRIMINAL PENALTIES. 1. ANY PERSON WHO KNOWINGLY AND WILLFUL-
LY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS OF THIS TITLE WITH-
IN TEN DAYS AFTER THE DATE PROVIDED FOR SUCH, OR ANYONE  THAT  KNOWINGLY

S. 4705                            22

AND WILLFULLY VIOLATES ANY OTHER PROVISION OF THIS TITLE SHALL BE GUILTY
OF  A  MISDEMEANOR  AND,  IN  ADDITION TO SUCH OTHER PENALTIES AS MAY BE
PROVIDED BY LAW, SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT  OF
TEN THOUSAND DOLLARS.
  2. ANY PERSON WHO KNOWINGLY AND WILLFULLY CONTRIBUTES, ACCEPTS OR AIDS
OR  PARTICIPATES  IN THE CONTRIBUTION OR ACCEPTANCE OF A CONTRIBUTION IN
AN AMOUNT EXCEEDING AN APPLICABLE  MAXIMUM  SPECIFIED  IN  THIS  ARTICLE
SHALL  BE  GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A FINE NOT TO
EXCEED THE AMOUNT OF TEN THOUSAND DOLLARS.
  3. ANY PERSON WHO KNOWINGLY AND WILLFULLY MAKES A FALSE  STATEMENT  OR
KNOWINGLY  OMITS A MATERIAL FACT TO THE FAIR ELECTIONS BOARD OR AN AUDI-
TOR DESIGNATED BY THE FAIR ELECTIONS BOARD DURING  ANY  AUDIT  CONDUCTED
PURSUANT  TO  SECTION  14-218 OF THIS TITLE SHALL BE GUILTY OF A CLASS E
FELONY.
  4. IN ADDITION TO ANY OTHER SENTENCE LAWFULLY IMPOSED UPON  A  FINDING
OF  GUILT IN A CRIMINAL PROSECUTION COMMENCED PURSUANT TO THE PROVISIONS
OF THIS SECTION, THE COURT MAY ORDER A DEFENDANT TO REPAY  TO  THE  FAIR
ELECTIONS  BOARD  ANY  PUBLIC MATCHING FUNDS OBTAINED AS A RESULT OF ANY
CRIMINAL CONDUCT.
  5. ALL SUCH PROSECUTIONS FOR CRIMINAL ACTS UNDER THIS TITLE  SHALL  BE
PROSECUTED  BY  THE  ATTORNEY GENERAL OF THE STATE OF NEW YORK EXCEPT AS
PROVIDED IN PARAGRAPH (B) OF SUBDIVISION ELEVEN OF SECTION 3-104 OF THIS
CHAPTER.
  6. ANY AND ALL FINES IMPOSED PURSUANT TO THIS SECTION  SHALL  BE  MADE
PAYABLE  TO THE FAIR ELECTIONS BOARD FOR DEPOSIT INTO THE NEW YORK STATE
CAMPAIGN FINANCE FUND.
  S 14-224. REPORTS. THE FAIR ELECTIONS BOARD SHALL SUBMIT A  REPORT  TO
THE  GOVERNOR  AND  LEGISLATIVE LEADERS ON OR BEFORE FEBRUARY FIRST, TWO
THOUSAND SIXTEEN, AND EVERY FOUR YEARS THEREAFTER, WHICH SHALL INCLUDE:
  1. A LIST OF THE  PARTICIPATING  AND  NONPARTICIPATING  CANDIDATES  IN
COVERED  ELECTIONS  AND  THE  VOTES  RECEIVED BY EACH CANDIDATE IN THOSE
ELECTIONS;
  2. THE AMOUNT OF CONTRIBUTIONS AND LOANS  RECEIVED,  AND  EXPENDITURES
MADE, ON BEHALF OF PARTICIPATING AND NONPARTICIPATING CANDIDATES;
  3.  THE  AMOUNT  OF PUBLIC MATCHING FUNDS EACH PARTICIPATING CANDIDATE
RECEIVED, SPENT, AND REPAID PURSUANT TO THIS ARTICLE;
  4. ANALYSIS OF THE EFFECT OF THIS TITLE ON THE ELECTION CAMPAIGNS  FOR
ALL  OFFICES  COVERED  UNDER SECTION 14-206 OF THIS TITLE, INCLUDING ITS
EFFECT ON THE SOURCES AND AMOUNTS OF PRIVATE  FINANCING,  THE  LEVEL  OF
CAMPAIGN  EXPENDITURES,  VOTER  PARTICIPATION, THE NUMBER OF CANDIDATES,
THE CANDIDATES' ABILITIES TO CAMPAIGN EFFECTIVELY FOR PUBLIC OFFICE, AND
THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
  5. RECOMMENDATIONS FOR CHANGES OR AMENDMENTS TO THIS TITLE,  INCLUDING
CHARGES IN CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY AND LIMITS ON
TOTAL  MATCHING  FUNDS  AS  WELL AS INSTITUTING A PROGRAM OF FULL PUBLIC
CAMPAIGN FINANCING FOR ELECTION FOR ALL STATEWIDE OFFICES; AND
  6. ANY OTHER INFORMATION THAT THE FAIR ELECTIONS BOARD DEEMS RELEVANT.
  S 14-226. DEBATES. THE FAIR ELECTIONS  BOARD  SHALL  PROMULGATE  REGU-
LATIONS  TO  FACILITATE DEBATES AMONG PARTICIPATING CANDIDATES.  PARTIC-
IPATING CANDIDATES ARE REQUIRED TO PARTICIPATE IN AT  LEAST  ONE  DEBATE
BEFORE THE PRIMARY ELECTION AND IN AT LEAST ONE DEBATE BEFORE THE GENER-
AL  ELECTION  FOR  WHICH THE CANDIDATE RECEIVES PUBLIC FUNDS, UNLESS THE
PARTICIPATING CANDIDATE IS RUNNING UNOPPOSED. A NONPARTICIPATING  CANDI-
DATE MAY BE A PARTY TO SUCH DEBATES.
  S  14-228.  DISTRIBUTIONS  FROM CAMPAIGN FINANCE FUND. 1. THIS SECTION
GOVERNS THE FAIR ELECTIONS BOARD'S  DISTRIBUTION    OF  FUNDS  FROM  THE

S. 4705                            23

CAMPAIGN  FINANCE  FUND  CREATED  BY  SECTION  NINETY-TWO-T OF THE STATE
FINANCE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE.
  2.  NO  MONEYS  SHALL BE PAID TO PARTICIPATING CANDIDATES IN A PRIMARY
ELECTION ANY EARLIER THAN TWO WEEKS AFTER THE LAST DAY TO FILE DESIGNAT-
ING PETITIONS FOR SUCH PRIMARY ELECTION.
  3. NO MONEYS SHALL BE PAID TO PARTICIPATING CANDIDATES  IN  A  GENERAL
ELECTION  ANY  EARLIER  THAN  A  WEEK AFTER THE PRIMARY ELECTION HELD TO
NOMINATE CANDIDATES FOR SUCH ELECTION.
  4. NO MONEYS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO HAS BEEN
DISQUALIFIED BY THE FAIR ELECTIONS BOARD OR WHOSE DESIGNATING  PETITIONS
HAVE BEEN DECLARED INVALID BY THE STATE BOARD OF ELECTIONS OR A COURT OF
COMPETENT  JURISDICTION  UNTIL AND UNLESS SUCH FINDING IS REVERSED BY AN
APPELLATE COURT.
  5. NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A  CANDIDATE  OR
SUCH  A  CANDIDATE'S  AUTHORIZED COMMITTEE ON THE DATE OF SUCH DISQUALI-
FICATION OR INVALIDATION MAY THEREAFTER  BE  EXPENDED  FOR  ANY  PURPOSE
EXCEPT  THE PAYMENT OF LIABILITIES INCURRED BEFORE THAT DATE. ALL EXCESS
PUBLIC MONEYS PAID TO A DISQUALIFIED CANDIDATE SHALL BE RETURNED TO  THE
FUND  NOT  LESS  THAN  THIRTY  DAYS AFTER THE GENERAL ELECTION FOR THOSE
PARTICIPATING CANDIDATES WHO RECEIVED  PUBLIC  MONEYS  FOR  THE  GENERAL
ELECTION,  AND  OTHERWISE,  NOT  LESS THAN THIRTY DAYS AFTER THE PRIMARY
ELECTION FOR THOSE PARTICIPATING CANDIDATES WHO RECEIVED  PUBLIC  MONEYS
SOLELY FOR THE PRIMARY ELECTION.
  6.  (A) PARTICIPATING CANDIDATES SHALL PAY TO THE FAIR ELECTIONS BOARD
UNSPENT PUBLIC CAMPAIGN FUNDS FROM AN ELECTION  NOT  LATER  THAN  THIRTY
DAYS  AFTER  ALL LIABILITIES FOR THE ELECTION HAVE BEEN PAID AND, IN ANY
EVENT, NOT LESS THAN TWENTY DAYS AFTER THE  DATE  UPON  WHICH  THE  FAIR
ELECTIONS  BOARD  ISSUES  ITS  FINAL  AUDIT REPORT FOR THE PARTICIPATING
CANDIDATE'S  COMMITTEE;  PROVIDED,  HOWEVER,  THAT  ALL  UNSPENT  PUBLIC
CAMPAIGN  FUNDS  FOR  A PARTICIPATING CANDIDATE SHALL BE IMMEDIATELY DUE
AND PAYABLE TO THE FAIR ELECTIONS BOARD UPON ITS DETERMINATION THAT  THE
PARTICIPATING  CANDIDATE HAS, WITHOUT JUST CAUSE, DELAYED THE POST-ELEC-
TION AUDIT PROCESS. UNSPENT CAMPAIGN FUNDS DETERMINATIONS  MADE  BY  THE
FAIR  ELECTIONS  BOARD  SHALL  BE  BASED  ON THE PARTICIPATING CANDIDATE
COMMITTEE'S RECEIPTS AND EXPENDITURES. THE FAIR ELECTIONS BOARD MAY ALSO
CONSIDER ANY OTHER RELEVANT INFORMATION REVEALED IN THE  COURSE  OF  ITS
AUDITS OR INVESTIGATIONS OR THE INVESTIGATIONS BY ANY OTHER AGENCY.
  (B)(I)  A PARTICIPATING CANDIDATE MAY NOT USE RECEIPTS FOR ANY PURPOSE
OTHER THAN DISBURSEMENTS IN THE PRECEDING  ELECTION  UNTIL  ALL  UNSPENT
PUBLIC  CAMPAIGN FUNDS HAVE BEEN REPAID. A PARTICIPATING CANDIDATE SHALL
HAVE THE BURDEN OF DEMONSTRATING THAT A POST-ELECTION EXPENDITURE IS FOR
THE PRECEDING ELECTION.
  (II) BEFORE REPAYING UNSPENT PUBLIC CAMPAIGN  FUNDS,  A  PARTICIPATING
CANDIDATE  MAY  MAKE  POST-ELECTION EXPENDITURES ONLY FOR ROUTINE ACTIV-
ITIES INVOLVING NOMINAL COSTS ASSOCIATED WITH WINDING UP A CAMPAIGN  AND
RESPONDING  TO  THE  POST-ELECTION AUDIT. SUCH EXPENDITURES MAY INCLUDE:
PAYMENT OF  UTILITY  BILLS  AND  RENT;  REASONABLE  STAFF  SALARIES  AND
CONSULTANT  FEES  FOR  RESPONDING  TO  A POST-ELECTION AUDIT; REASONABLE
MOVING EXPENSES RELATED TO CLOSING A CAMPAIGN  OFFICE;  A  HOLIDAY  CARD
MAILING  TO  CONTRIBUTORS, CAMPAIGN VOLUNTEERS, AND STAFF MEMBERS; THANK
YOU NOTES FOR CONTRIBUTORS,  CAMPAIGN  VOLUNTEERS,  AND  STAFF  MEMBERS;
PAYMENT  OF  TAXES  AND  OTHER  REASONABLE  EXPENSES FOR COMPLIANCE WITH
APPLICABLE  TAX  LAWS;  AND  INTEREST  EXPENSES.  ROUTINE  POST-ELECTION
EXPENDITURES  THAT  MAY  BE  PAID FOR WITH UNSPENT CAMPAIGN FUNDS DO NOT
INCLUDE SUCH ITEMS AS POST-ELECTION MAILINGS OTHER THAN AS  SPECIFICALLY
PROVIDED  FOR  IN  THIS SUBPARAGRAPH; MAKING CONTRIBUTIONS; MAKING BONUS

S. 4705                            24

PAYMENTS OR GIFTS TO STAFF MEMBERS OR VOLUNTEERS; OR HOLDING ANY POST-E-
LECTION DAY EVENT, INCLUDING, BUT NOT LIMITED TO, ANY MEAL OR ANY PARTY.
UNSPENT CAMPAIGN FUNDS MAY NOT BE USED FOR  TRANSITION  OR  INAUGURATION
ACTIVITIES.
  7.  ALL  MONIES  RECEIVED BY THE FAIR ELECTIONS BOARD PURSUANT TO THIS
SECTION SHALL BE DEPOSITED INTO THE NEW YORK STATE CAMPAIGN FINANCE FUND
PURSUANT TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  S 15. 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 14-206 OF THIS CHAPTER AND ANY  QUESTION
OR ISSUE RELATING TO PAYMENTS FOR QUALIFIED CAMPAIGN EXPENDITURES PURSU-
ANT  TO  SECTION 14-210 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 14-210
OF THIS CHAPTER SHALL BE INSTITUTED WITHIN SEVEN DAYS AFTER SUCH  DETER-
MINATION WAS MADE. THE FAIR ELECTIONS BOARD SHALL BE MADE A PARTY TO ANY
SUCH PROCEEDING.
  3.  UPON  THE FAIR ELECTIONS BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE
FROM A PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE  AFTER  THE
ISSUANCE  OF  WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED BY SUBDIVI-
SION FOUR OF SECTION 14-218 OF THIS CHAPTER, SUCH BOARD IS AUTHORIZED TO
INSTITUTE A SPECIAL PROCEEDING OR CIVIL ACTION IN SUPREME COURT,  ALBANY
COUNTY, TO OBTAIN A JUDGMENT FOR ANY AMOUNTS DETERMINED TO BE PAYABLE TO
THE  FAIR  ELECTIONS  BOARD AS A RESULT OF AN EXAMINATION AND AUDIT MADE
PURSUANT TO TITLE TWO OF ARTICLE FOURTEEN OF THIS CHAPTER.
  4. THE FAIR ELECTIONS 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  FAIR
ELECTIONS BOARD PURSUANT TO SECTION 14-218 OF THIS CHAPTER.
  S  16.  The  election  law is amended by adding a new section 4-115 to
read as follows:
  S 4-115. NOTICE TO THE STATE BOARD OF ELECTIONS OF CANDIDATES FOR  THE
LEGISLATURE.  1.  EACH BOARD OF ELECTIONS WITH WHICH PETITIONS ARE FILED
FOR MEMBER OF THE STATE LEGISLATURE SHALL, NOT LATER THAN ONE WEEK AFTER
THE LAST DAY TO FILE SUCH PETITIONS, SEND NOTICE TO THE STATE  BOARD  OF
ELECTIONS  OF  SUCH  INFORMATION  ABOUT  EACH SUCH PETITION AS THE STATE
BOARD SHALL REQUIRE.
  2. EACH SUCH COUNTY BOARD OF ELECTIONS SHALL, NOT LATER THAN  THE  DAY
AFTER THE LAST DAY TO FILE A PETITION OR CERTIFICATE OF NOMINATION FOR A
GENERAL  OR SPECIAL ELECTION OR A CERTIFICATE OF ACCEPTANCE, DECLINATION
OR SUBSTITUTION FOR A GENERAL, PRIMARY OR SPECIAL ELECTION FOR ANY  SUCH
OFFICE, SEND TO THE STATE BOARD OF ELECTIONS SUCH INFORMATION ABOUT EACH
SUCH PETITION OR CERTIFICATE AS THE STATE BOARD SHALL REQUIRE.
  3.  IF  ANY  SUCH COUNTY BOARD OF ELECTIONS SHOULD DISQUALIFY ANY SUCH
CANDIDATE OR RULE THE PETITION OR CERTIFICATE DESIGNATING OR  NOMINATING
ANY SUCH CANDIDATE INVALID, IT SHALL FORTHWITH NOTIFY THE STATE BOARD OF
ELECTIONS OF SUCH DECISION.
  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.

S. 4705                            25

  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  17.  The  general  business  law is amended by adding a new section
359-gg to read as follows:
  S 359-GG. ADDITIONAL SURCHARGE. IN ADDITION TO ANY PENALTY  AUTHORIZED
BY  SECTION THREE HUNDRED FIFTY-NINE-G OF THIS ARTICLE OR ANY DAMAGES OR
OTHER COMPENSATION  RECOVERABLE  INCLUDING,  BUT  NOT  LIMITED  TO,  ANY
SETTLEMENT  AUTHORIZED  BY  SECTION  SIXTY-THREE OR SIXTY-THREE-C OF THE
EXECUTIVE LAW, THERE SHALL BE ASSESSED THEREON AN  ADDITIONAL  SURCHARGE
IN  THE  AMOUNT  OF  TEN  PERCENT  OF  THE TOTAL AMOUNT OF SUCH PENALTY,
DAMAGES OR SETTLEMENT. SUCH SURCHARGE SHALL BE DEPOSITED IN THE NEW YORK
STATE FAIR ELECTIONS FUND ESTABLISHED BY  SECTION  NINETY-TWO-T  OF  THE
STATE FINANCE LAW.
  S 18. The state finance law is amended by adding a new section 92-t to
read as follows:
  S  92-T.  NEW  YORK  STATE  CAMPAIGN  FINANCE FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE A
SPECIAL FUND TO BE KNOWN AS THE NEW YORK STATE CAMPAIGN FINANCE FUND.
  2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE SURCHARGE
IMPOSED PURSUANT TO SECTION THREE HUNDRED FIFTY-NINE-GG OF  THE  GENERAL
BUSINESS  LAW,  REVENUES  RECEIVED  FROM CAMPAIGN FINANCE FUND CHECK-OFF
PURSUANT TO SECTION SIX HUNDRED THIRTY-D OF THE TAX LAW  AND  ALL  OTHER
MONEYS  CREDITED  OR  TRANSFERRED  THERETO FROM ANY OTHER FUND OR SOURCE
PURSUANT TO LAW. NOTHING CONTAINED IN THIS  SECTION  SHALL  PREVENT  THE
STATE  FROM RECEIVING GRANTS, GIFTS, BEQUESTS OR VOLUNTARY CONTRIBUTIONS
FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION  AND  DEPOSITING
THEM  INTO  THE  FUND ACCORDING TO LAW. MONIES IN THE FUND SHALL BE KEPT
SEPARATE FROM AND NOT COMMINGLED WITH OTHER FUNDS HELD IN THE CUSTODY OF
THE COMMISSIONER OF TAXATION AND FINANCE.
  3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO  CANDIDATES  PURSUANT
TO  TITLE  TWO  OF ARTICLE FOURTEEN OF THE ELECTION LAW. MONEYS SHALL BE
PAID OUT OF THE FUND BY THE COMMISSIONER  OF  TAXATION  AND  FINANCE  ON
VOUCHERS  CERTIFIED  OR APPROVED BY THE FAIR ELECTIONS BOARD ESTABLISHED
PURSUANT TO TITLE TWO OF ARTICLE FOURTEEN OF THE ELECTION  LAW,  OR  THE
DULY  DESIGNATED  REPRESENTATIVE OF SUCH BOARD, IN THE MANNER PRESCRIBED
BY LAW, NOT MORE THAN ONE WORKING DAY AFTER A  VOUCHER  DULY  CERTIFIED,
APPROVED  AND  EXECUTED  BY SUCH BOARD OR ITS REPRESENTATIVE IN THE FORM
PRESCRIBED BY THE COMMISSIONER OF TAXATION AND FINANCE  IS  RECEIVED  BY
THE COMMISSIONER OF TAXATION AND FINANCE.
  4.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, IF, IN ANY
STATE FISCAL YEAR, THE STATE CAMPAIGN FINANCE FUND LACKS THE  AMOUNT  OF
MONEY  TO  PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES AND CERTIFIED
OR APPROVED BY THE FAIR ELECTIONS BOARD, ANY SUCH  DEFICIENCY  SHALL  BE
PAID, UPON AUDIT AND WARRANT OF THE STATE COMPTROLLER, FROM FUNDS DEPOS-
ITED  IN  THE  GENERAL  FUND  OF THE STATE NOT MORE THAN ONE WORKING DAY
AFTER SUCH VOUCHER IS RECEIVED BY THE STATE COMPTROLLER.
  5. COMMENCING IN TWO THOUSAND SIXTEEN, IF THE SURPLUS IN THE  FUND  ON
APRIL  FIRST  OF  THE  YEAR  AFTER AN ELECTION CYCLE EXCEEDS TWENTY-FIVE
PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER THE PREVIOUS FOUR YEARS,
THE EXCESS SHALL REVERT TO THE GENERAL FUND OF THE STATE.
  6. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN  A
PRIMARY  ELECTION ANY EARLIER THAN THE DAY THAT SUCH CANDIDATE IS CERTI-
FIED AS BEING ON THE BALLOT FOR SUCH PRIMARY ELECTION.

S. 4705                            26

  7. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN  A
GENERAL  ELECTION  ANY EARLIER THAN THE DAY AFTER THE DAY OF THE PRIMARY
ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
  8.  NO  PUBLIC  FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN  DECLARED
INVALID  BY  THE  APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
JURISDICTION UNTIL AND UNLESS SUCH  FINDING  IS  REVERSED  BY  A  HIGHER
AUTHORITY.  NO  PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDI-
DATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON  THE  DATE  OF  SUCH
DISQUALIFICATION  OR  INVALIDATION  MAY  THEREAFTER  BE EXPENDED FOR ANY
PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE. ALL
SUCH MONEYS SHALL BE REPAID TO THE FUND.
  S 19. The tax law is amended by adding a new section 630-d to read  as
follows:
  S 630-D. CONTRIBUTION TO NEW YORK STATE CAMPAIGN FINANCE FUND.  EFFEC-
TIVE  FOR  ANY  TAXABLE  YEAR  COMMENCING ON OR AFTER JANUARY FIRST, TWO
THOUSAND THIRTEEN, AN INDIVIDUAL  IN  ANY  TAXABLE  YEAR  MAY  ELECT  TO
CONTRIBUTE  TO  THE  NEW YORK STATE CAMPAIGN FINANCE FUND. SUCH CONTRIB-
UTION SHALL BE IN THE AMOUNT OF FIVE DOLLARS AND SHALL  NOT  REDUCE  THE
AMOUNT  OF  STATE  TAX  OWED  BY SUCH INDIVIDUAL. THE COMMISSIONER SHALL
INCLUDE SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER  TO
MAKE  SUCH  CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW ALL
REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE NEW
YORK STATE CAMPAIGN FINANCE  FUND  AND  USED  ONLY  FOR  THOSE  PURPOSES
ENUMERATED IN SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  S  20.  Severability. If any clause, sentence, subdivision, paragraph,
section or part of title 2 of article 14 of the election law,  as  added
by  section  thirteen  of this act be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not  affect,  impair  or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, subdivision, paragraph, section or part thereof
directly  involved  in the controversy in which such judgment shall have
been rendered.
  S 21. This act  shall  take  effect  immediately;  provided,  however,
candidates  for state comptroller will be eligible to participate in the
public financing system beginning with  the  2014  election,  all  state
legislature  candidates  will  be  eligible to participate in the public
financing system beginning with the 2016 election and all  state  candi-
dates  and  constitutional  convention  delegates  will  be  eligible to
participate in the public  financing  system  beginning  with  the  2018
election.

Co-Sponsors

view additional co-sponsors

S4705A - Bill Details

Current Committee:
Law Section:
Election Law
Laws Affected:
Amd El L, generally; add §359-gg, Gen Bus L; add §92-t, St Fin L; add §630-d, Tax L
Versions Introduced in 2011-2012 Legislative Session:
A9885D

S4705A - Bill Texts

view summary

Enacts the "2014 fair elections act"; relates to providing for optional partial public financing of certain election campaigns in this state; relates to identification of the source of certain political contributions.

view sponsor memo
BILL NUMBER:S4705A

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

SUBJECT AND PURPOSE:

To provide optional public financing of campaigns for statewide and
state legislative offices and constitutional convention delegates as
well as to provide for more disclosure of independent expenditures and
tougher enforcement of campaign finance laws.

SUMMARY AND DESCRIPTION OF PROVISIONS:

This bill concerns two integral issues of campaign finance reform in
New York State: optional public financing of certain elections and
enhanced disclosure of independent expenditures in elections.

The bill adds a new Title II to Article 14 to provide for public
financing of primary and general election campaigns for statewide
office, primary, general and special election campaigns for state
legislative office and primary and general election campaigns for
constitutional convention delegates.

In addition, the bill defines for the first time in New York law
"independent expenditures" and "express advocacy" to allow for greater
disclosure of outside money in campaigns for public office.

The bill further establishes an enforcement counsel in the new fair
elections board (within the state board of elections) who will be
responsible for all campaign finance enforcement and investigation.

OPTIONAL PUBLIC FINANCING OF ELECTIONS

Criteria for Participation:

To be eligible for public financing, a candidate for nomination or
election to a statewide office, state legislative office or as a
constitutional convention delegate must satisfy the legal requirements
for having his or her name on the ballot, elect to participate in the
public financing system, meet the threshold for eligibility and agree
to file required statements and authorize a single participating
committee.

Eligibility Threshold:

Governor: Must collect not less than $650,000 from at least 6,500
matchable contributions made up of sums of up to $250 per individual
contributor who resides in New York State.

Lt. Governor (primary only), Attorney Gen, & Comptroller: Must collect
not less than $200,000 from at least 2,000 matchable contributions


made up of sums of up to $250 per individual contributor who resides
in New York State.

Senate: Must collect not less than $20,000 from at least 200 matchable
contributions made up of sums of up to $250 per individual contributor
who resides in New York State including at least $10,000 from at least
100 individual contributors who reside in the senate district, or in
any part of any county in the Senate district, in which the seat is to
be filled.

Assembly: Must collect not less than $10,000 from at least 100
matchable contributions made up of sums of up to $250 per individual
contributor who resides in New York State including at least $5,000
from at least 50 individual contributors who reside in the assembly
district, or in any part of any county in the Assembly district, in
which the seat is to be filled.

At-large Delegate to a Constitutional Convention: Must collect not
less than $20,000 from at least 200 matchable contributions made up of
sums of up to $250 per individual contributor who resides in New York
State.

District Delegate to a Constitutional Convention: Must collect not
less than $5,000 from at least 50 matchable contributions made up of
sums of up to $250 per individual contributor who resides in the
district, or any part of any county in the district, in which the seat
is to be filled.

Matchable contributions:

Matchable contributions may be collected after January first of the
year of the primary or general election. For a special election, may
be collected up to six months before the election. Consist of the net
amount of contributions after deduction of the value of any food,
drink or entertainment provided in exchange for the contribution.
Only contributions from persons who reside in New York State are
matchable.

The Match:

Eligible contributions up to $250 are matched at the rate of $6 for
every $1.

Misc. Rules:

To receive public funds for a primary election, a participating
candidate must agree to receive public funding for the general
election.

Participating candidates who are unopposed in a primary election may
not receive public funds. Participating candidates are deemed
unopposed unless there is at least one other candidate, as defined by
§14-100(7) of the election law, in the race for the same office.

Participating candidates that are unopposed may raise private funds of
up to 50c of the expenditure limit if there is a contest in the


primary for at least one other party for such office. Such funds may
only be raised with contributions of up to $2000 per contributor.

Candidates who are challenged in a primary and who do not seek public
funds are not eligible for public funds for the general election.

Candidates who are unopposed in a general or special election may not
receive public funds.

Permissible and Prohibited Uses of Public Funds:

Public funds may be used only for qualified campaign expenditures
during the year of the primary or general election. For a special
election, such funds may only be used in the 3 months prior to the
election. They may not be used for expenditures in violation of law,
for payments to a candidate or to a relative of the candidate (or to
any business entity of which such a person is an officer or employee
or has a ten percent or greater ownership interest)in excess of the
fair market value for services rendered, for payments in excess of
fair market value, for any expenditure after the candidate or the
candidate's only remaining opponent has been disqualified (until and
unless reversed), to challenge an opponent's petitions or
certificates, for non-campaign related food, drink or entertainment,
or for gifts.

Contribution Limit:

All candidates who choose to participate in the public financing
system have a contribution limit of $2,000 per contributor.

Public Funds Receipt Limits:

The following limits on public funds apply to all candidates who
participate in the public financing system:

General Election Primary

Governor $12,000,000 $9,000,000

Lt. Governor $6,000,000

Attorney General & $8,000,000 Same as Lt. Governor
Comptroller

State Senator $400,000 $350,000

Member of Assembly $200,000 $150,000

At-Large Delegate $350,000 $175,000

District Delegate $75,000 $50,000

NOTE: A participating candidate may raise unlimited amounts of private
money subject to the $2,000 per contributor limitation.


Party Expenditures in Support of Participating Candidates

Notwithstanding the expenditure limits for participating candidates, a
state party committee may make the following expenditures for services
to participating candidates the party has nominated:

Gov. and Lt. Gov. $2,500,000
Att. Gen or Comp. $1,000,000
Senate $100,000
State Assembly $50,000
At-large Delegate $50,000
District Delegate $10,000

*Transfers to a participating candidate may constitute up to 25W of
such party expenditures.

Enforcement:

Enforcement of the new Title II as well as all other campaign finance
matters under article 14 will be handled by a newly created fair
elections board which will sit within the state board of elections.
The fair elections board will be comprised of five members. The
members of the board will be appointed as follows: one by the Governor
and one by each of the four legislative leaders.

The fair elections board will appoint an enforcement counsel who will
oversee and enforce all campaign finance laws, rules and regulations
on behalf of the fair elections board. The new enforcement counsel
will conduct investigations pursuant to article 14 of the election
law.

All actions, rules and regulations issued by the fair elections board
are subject to review at the discretion of the state board of
elections.

Debates:

Participating candidates are required to participate in at least one
debate before the primary election and in at least one debate before
the general election for which the candidate receives public funds,
unless the participating candidate is running unopposed. A
non-participating candidate may be a party to such debates.

Sources of Funding:

The bill provides for three separate sources of funding for the public
financing regime:

1) The bill provides an income tax check-off of $5. Such monies would
be paid into a separate fund, known as the New York State Fair
elections fund. The taxpayers' tax liability would not be affected by
making this designation.

2) In addition, the bill imposes an additional 10% surcharge on
recoveries for fraudulent practices relating to stocks, bonds, other


securities as well as all other recoveries having to do with fraud by
the Attorney General.

3) If the state fair elections fund lacks the money to pay all
properly certified claims, the deficiency will be paid from the
general fund.

Penalties:

Civil

*The failure to make proper campaign finance filings, as required by
Title II and rules and regulations promulgated thereunder, shall
subject the offender to a civil penalty of up to $5000.

*Any person or authorized committee who knowingly and willfully
violates any other provision of Title II or any regulations
promulgated thereunder shall subject the offender to a civil penalty
of up to $10,000.

Criminal

*All prosecutions under Title II for criminal acts shall be prosecuted
by the Attorney General.

*The failure to make proper campaign finance filings, as required by
Title II within 10 days or anyone that willfully violates any other
provision of this title shall be guilty of a misdemeanor, and in
addition to such other penalties as may be provided by law, shall be
subject to a fine not to exceed the amount of $10,000.

*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 shall be
guilty of a misdemeanor and shall be subject to a fine not to exceed
the amount of $10,000.

*Any person who knowingly and willfully makes a false statement or
knowingly omits a material fact to the fair election board or an
auditor designated by the fair elections board during any audit
conducted pursuant to new section 14-214 of the Election Law shall be
guilty of a class E felony.

*In addition to any other sentence lawfully imposed upon a finding of
guilt in a criminal prosecution commenced under the provisions of this
bill, a court may order a defendant to repay to the fair elections
board any public matching funds obtained as a result of any criminal
conduct.

CAMPAIGN FINANCE DISCLOSURE

The bill adds a new subdivision 12 to §14-100 and a new §14-107 of the
Election Law to define "express advocacy" and "independent
expenditure", respectively.


The new definition of "express advocacy" captures, and subjects to
full disclosure under the Election Law, those entities that are
engaged in express advocacy activity which has heretofore not been
captured by the statute.

The new definition of "independent expenditure" expands the definition
of this term as recently adopted by the New York State Board of
Elections in its regulations. This new definition states that
independent expenditures also include references to "clearly
identified candidates" as set forth in the definition of "express
advocacy."

Communications between bonafide membership organizations and their
members as well as corporations and their shareholders are not
considered independent expenditure rules or campaign contributions
under this bill.

In addition, this bill defines "electioneering communications" as a
communication, to a general public audience (also defined in the bill)
which refers to a clearly identified candidate and is broadcast or
published within 6O days of a general election or 30 days of a primary
election.

This bill states that all independent expenditures costing more than
$1,000 shall clearly state the name of the person or organization
behind it and that such expenditure is not authorized by any candidate
or his or her agents. Such independent expenditures shall be reported
to the state board of elections.

Further, this bill requires than independent spenders who are entities
must disclose all contributions from other entities and all
contributions over $1,000 from individuals. The bill also includes
reporting exemptions for those contributions to independent spenders
which are explicitly earmarked for non-electoral purposes.

This bill also requires disclosure for "bundlers". Bundlers are those
individuals or organizations who aggregate a number of contributions
from others and deliver them to a candidate or a candidate's
authorized committee.

LEGISLATIVE HISTORY:

A9885-D of 2012 & A8902-A of 2009.

JUSTIFICATION:

This public financing bill provides a comprehensive yet balanced
approach to the public financing of political campaigns. It contains
significant but realistic limitations on expenditures and contribution
receipts, a means for recovering public funds when they are unspent,
excessive or used for prohibited purposes, and penalties for
violations of the filing requirements or the expenditure limitations
for participants.

The "matching grant" structure of the program has several advantages.
It will reduce the amount of time a candidate must spend raising
money, leaving more time to address the issues that are important to


the public. The matching component allows for participation by private
citizens throughout the campaign while also conserving resources by
ensuring that only candidates who can show substantial voter support
and face opposition will be eligible to receive public funds.

Overall, the bill strikes a balance that allows challengers and
incumbents to compete fairly while capping the amount of public funds
that will be expended.

FISCAL IMPLICATIONS:

There will be no cost in 2013. In 2014, there could be costs
associated with participating candidates seeking election to the
office of state comptroller. There would be no cost in 2013. In 2016,
there could be costs associated with participating candidates seeking
election to state legislative office. In 2018, there could be costs
associated with participating candidates seeking election to a
statewide office or as a constitutional delegate. Other states that
have public financing systems in place have had very low participation
rates at first with increasing participation in later elections. The
long term cost of the system in New York is unknown.

EFFECTIVE DATE:

This act takes effect immediately; provided, however, that candidates
for state comptroller will be eligible to participate in the Public
financing system beginning with the 2014 election, state legislative
candidates will be eligible to participate in 2016 and all statewide
candidates and constitutional delegates will be eligible to
participate in 2018.

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

                                 4705--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 18, 2013
                               ___________

Introduced  by  Sens. STEWART-COUSINS, GIANARIS, ADAMS, ADDABBO, AVELLA,
  BRESLIN, DILAN, ESPAILLAT, GIPSON, HOYLMAN, KENNEDY, KRUEGER, LATIMER,
  PERALTA, PERKINS, RIVERA, SERRANO, SQUADRON, STAVISKY, TKACZYK -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on Elections -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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

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

  Section 1. Short title.  This act shall be known and may be  cited  as
the "2013 Fair Elections Act".
  S  2.  Legislative findings and declarations. The legislature declares
that is in the public interest to create and ensure a  truly  democratic
political  system  in  which  citizens,  irrespective  of  their income,
status, or financial connections, are enabled and encouraged to  compete
for  public  office.  The  legislature  further  declares that large and
unregulated independent expenditures  deliberately  distort  issues  and
facts   thereby  giving  their  financial  backers  undue  influence  in
elections. Therefore, the legislature finds it necessary to establish  a
system  of public financing for all qualified candidates for state elec-
tive offices and constitutional convention  delegates.  The  legislature
further finds that a new system of public financing would be best admin-
istered  by  a new "fair elections board" empowered with effective over-
sight and enforcement capabilities dedicated to working with and assist-
ing candidates excel in the public financing system.
  S 3. Subdivision 3, paragraph (c) of subdivision 9-A  and  subdivision
17  of  section  3-102  of  the  election  law, subdivisions 3 and 17 as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02247-20-3

S. 4705--A                          2

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 FAIR ELECTIONS BOARD ENFORCEMENT
COUNSEL, ESTABLISHED PURSUANT TO SUBDIVISION SIX OF  SECTION  14-216  OF
THIS  CHAPTER,  AS IT MAY DEEM NECESSARY, AFTER THE FAIR ELECTIONS BOARD
HAS CONSIDERED THE MATTER OR MATTERS  IN  QUESTION;  SHALL  CONDUCT  ANY
INVESTIGATION NECESSARY TO ENFORCE THE PROVISIONS OF ARTICLE FOURTEEN OF
THIS CHAPTER ON BEHALF OF THE BOARD OF ELECTIONS.
  (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 FAIR ELECTIONS  BOARD
ENFORCEMENT  COUNSEL  REGARDING THE ENFORCEMENT OF VIOLATIONS OF ARTICLE
FOURTEEN OF THIS CHAPTER, AS IT  MAY  DEEM  NECESSARY,  AFTER  THE  FAIR
ELECTIONS BOARD HAS CONSIDERED THE MATTER OR MATTERS IN QUESTION;
  18.  THE  STATE  BOARD  OF  ELECTIONS SHALL, AS IT MAY DEEM NECESSARY,
ACCEPT, MODIFY OR REJECT  ANY  ACTION  OR  ACTIONS  TAKEN  BY  THE  FAIR
ELECTIONS  BOARD PURSUANT TO SUCH FAIR ELECTIONS BOARD'S AUTHORITY UNDER
SUBDIVISION FOURTEEN OF SECTION 3-104 AND SECTIONS 3-111 AND  14-216  OF
THIS CHAPTER.
  19.  perform  such  other  acts  as  may be necessary to carry out the
purposes of this chapter.
  S 4.  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  FAIR ELECTIONS BOARD
ENFORCEMENT COUNSEL; enforcement powers.  1. (A) THERE SHALL BE  A  UNIT
KNOWN AS THE FAIR ELECTIONS ENFORCEMENT UNIT ESTABLISHED WITHIN THE FAIR
ELECTIONS  BOARD.   THE HEAD OF SUCH UNIT SHALL BE THE ENFORCEMENT COUN-
SEL.
  (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. (A) 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 REQUIRED BY 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  political  committee
supporting his OR HER candidacy if the complainant is a candidate or, if

S. 4705--A                          3

the complaint was made by an officer or member of a political 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.]
  (B) The state board of elections AND  THE  FAIR  ELECTIONS  BOARD  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
direct  the  appropriate  other  board  of  elections  to  commence such
proceeding.
  5.] 3. IF THE ENFORCEMENT  COUNSEL  DETERMINES  THAT  A  VIOLATION  OF
SUBDIVISION  ONE  OF SECTION 14-126 OR SUBDIVISION ONE OF SECTION 14-220
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 ALLEGING
ANY OTHER VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER, THE ENFORCEMENT
COUNSEL SHALL ANALYZE THE COMPLAINT TO  DETERMINE  IF  AN  INVESTIGATION
SHOULD  BE  UNDERTAKEN.  THE  ENFORCEMENT  COUNSEL  SHALL, IF NECESSARY,
REQUEST ADDITIONAL INFORMATION FROM THE COMPLAINANT TO ASSIST SUCH COUN-
SEL 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, IF
TRUE, WOULD NOT CONSTITUTE A VIOLATION OF ARTICLE FOURTEEN OF THIS CHAP-
TER OR THAT THE ALLEGATIONS ARE NOT SUPPORTED BY CREDIBLE  EVIDENCE,  HE
OR SHE 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 NOTIFY THE FAIR ELECTIONS BOARD OF (A) HIS OR HER INTENT TO
RESOLVE  THE MATTER EXTRA-JUDICIALLY DUE TO THE DE MINIMUS NATURE OF THE
VIOLATION; OR (B) HIS OR HER INTENT TO  COMMENCE  AN  INVESTIGATION,  NO
LATER  THAN THE FAIR ELECTIONS 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.
  7. IF, UPON CONSIDERING THE ENFORCEMENT COUNSEL'S NOTICE OF INTENT  TO
COMMENCE  AN  INVESTIGATION,  THE FAIR ELECTIONS BOARD BELIEVES THAT THE
ALLEGATIONS, IF TRUE, WOULD NOT CONSTITUTE A VIOLATION OF ARTICLE  FOUR-
TEEN  OF  THIS CHAPTER, 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

S. 4705--A                          4

FROM  THE ENFORCEMENT COUNSEL OF HIS OR HER INTENT TO COMMENCE AN INVES-
TIGATION.  IN DETERMINING WHETHER THE EQUITIES FAVOR A DISMISSAL OF  THE
COMPLAINT,  THE  FAIR  ELECTIONS  BOARD  SHALL  CONSIDER  THE  FOLLOWING
FACTORS:  (A)  WHETHER  THE  COMPLAINT ALLEGES A DE MINIMUS 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 FAIR ELECTIONS  BOARD  TO  DISMISS  A
COMPLAINT  AND  NOT  PROCEED  WITH A FORMAL INVESTIGATION SHALL BE VOTED
UPON AS PROVIDED IN SUBDIVISION TWELVE OF SECTION 14-216 OF THIS CHAPTER
AT AN OPEN MEETING PURSUANT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW,
AND SHALL BE MADE ON A FAIR AND EQUITABLE BASIS AND  WITHOUT  REGARD  TO
THE STATUS OF THE SUBJECT OF THE COMPLAINT.
  8.  ABSENT  A TIMELY DETERMINATION BY THE FAIR ELECTIONS BOARD 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,
UPON APPROVAL OF THE FAIR ELECTIONS BOARD, SUCH ADDITIONAL  POWERS  FROM
THE  STATE BOARD OF ELECTIONS. SUCH POWERS SHALL BE GRANTED BY THE BOARD
IN PUBLIC, AS PROVIDED IN SUBDIVISION FOUR  OF  SECTION  3-100  OF  THIS
TITLE, 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 FAIR ELECTIONS BOARD 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,
14-220 OR 14-222 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 OR THE ATTORNEY GENERAL PURSUANT TO SUBDIVISION ELEVEN OF  THIS
SECTION  BECAUSE REASONABLE CAUSE EXISTS TO BELIEVE A VIOLATION WARRANT-
ING CRIMINAL PROSECUTION HAS TAKEN PLACE.
  10. THE FAIR ELECTIONS  BOARD  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 MINIMUS
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 TWELVE OF SECTION 14-216 OF THIS CHAPTER 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 FAIR ELECTIONS BOARD DETERMINES, AS PROVIDED IN SUBDI-
VISION TEN OF THIS SECTION, THAT SUBSTANTIAL REASON  EXISTS  TO  BELIEVE
THAT  A  PERSON,  ACTING  AS  OR  ON  BEHALF OF A CANDIDATE OR POLITICAL
COMMITTEE UNDER CIRCUMSTANCES EVINCING AN INTENT TO  VIOLATE  SUCH  LAW,
HAS UNLAWFULLY ACCEPTED A CONTRIBUTION IN EXCESS OF A CONTRIBUTION LIMI-
TATION  ESTABLISHED  IN  ARTICLE  FOURTEEN  OF THIS CHAPTER, WHICH COULD
WARRANT A CIVIL PENALTY AS PROVIDED FOR IN SUBDIVISION THREE OF  SECTION
14-126  OR  SUBDIVISION TWO OF SECTION 14-222 OF THIS CHAPTER, THE BOARD

S. 4705--A                          5

SHALL DIRECT THE COMMENCEMENT OF A SPECIAL  PROCEEDING  IN  THE  SUPREME
COURT PURSUANT TO SECTION 16-122 OF THIS CHAPTER.
  (B) IF THE FAIR ELECTIONS BOARD DETERMINES, AS PROVIDED IN SUBDIVISION
TEN  OF THIS SECTION THAT REASONABLE CAUSE EXISTS TO BELIEVE A VIOLATION
OF TITLE ONE OF ARTICLE FOURTEEN OF  THIS  CHAPTER  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.
WHERE REASONABLE CAUSE EXISTS TO BELIEVE THAT A CANDIDATE FOR THE OFFICE
OF ATTORNEY GENERAL HAS VIOLATED TITLE TWO OF ARTICLE FOURTEEN  OF  THIS
CHAPTER,  THE  BOARD  SHALL REFER THE MATTER TO THE DISTRICT ATTORNEY OF
THE APPROPRIATE COUNTY.
  (C) IF THE FAIR ELECTIONS BOARD DETERMINES, AS PROVIDED IN SUBDIVISION
TEN OF THIS SECTION THAT REASONABLE CAUSE EXISTS TO BELIEVE A  VIOLATION
OF  TITLE  TWO  OF ARTICLE FOURTEEN OF THIS CHAPTER, WARRANTING CRIMINAL
PROSECUTION HAS TAKEN PLACE, THE BOARD  SHALL,  EXCEPT  AS  PROVIDED  IN
PARAGRAPH  (B)  OF  THIS  SUBDIVISION,  REFER THE MATTER TO THE ATTORNEY
GENERAL AND SHALL MAKE AVAILABLE TO  THE  SAME  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 FAIR ELECTIONS BOARD, PURSUANT TO SECTION  16-114
OF  THIS  CHAPTER, THE FAIR ELECTIONS BOARD SHALL DIRECT THE ENFORCEMENT
COUNSEL TO INVESTIGATE THE ALLEGED VIOLATIONS UNLESS OTHERWISE  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: (I) THE NUMBER OF  COMPLAINTS  RECEIVED;  (II)  THE  NUMBER  OF
COMPLAINTS  THAT WERE FOUND TO NEED INVESTIGATION AND THE NATURE OF EACH
COMPLAINT; AND (III) THE NUMBER OF MATTERS THAT HAVE BEEN RESOLVED.  THE
REPORT SHALL NOT CONTAIN ANY INFORMATION FOR  WHICH  DISCLOSURE  IS  NOT
PERMITTED.
  14.  THE  FAIR  ELECTIONS  BOARD  MAY PROMULGATE RULES AND REGULATIONS
CONSISTENT WITH LAW TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
  S 5. The state of New York shall appropriate during each  fiscal  year
to  the  New  York state fair elections board 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.    Notwithstanding  section  fifty-one  of  the state
finance law, such funding shall not be decreased by interchange with any
other appropriation.
  S 6. The election law is amended by adding a new section 3-111 to read
as follows:
  S 3-111. PERSONAL USE OF CAMPAIGN FUNDS. UPON WRITTEN REQUEST FROM ANY
PERSON WHO IS SUBJECT TO THE REQUIREMENTS  OF  SECTION  14-130  OF  THIS
CHAPTER,  THE  FAIR  ELECTIONS BOARD SHALL RENDER FORMAL OPINIONS ON THE
REQUIREMENTS OF SAID PROVISION. AN OPINION RENDERED BY THE BOARD,  UNTIL
AND  UNLESS  AMENDED  OR  REVOKED,  SHALL BE BINDING ON THE BOARD IN ANY
SUBSEQUENT PROCEEDING CONCERNING THE PERSON WHO  REQUESTED  THE  OPINION
AND  WHO  ACTED  IN  GOOD  FAITH,  UNLESS MATERIAL FACTS WERE OMITTED OR
MISSTATED BY THE PERSON IN THE REQUEST FOR AN OPINION. SUCH OPINION  MAY
ALSO  BE  RELIED UPON BY SUCH PERSON, AND MAY BE INTRODUCED AND SHALL BE
DEFENSE IN ANY CRIMINAL OR CIVIL ACTION. SUCH REQUEST SHALL BE CONFIDEN-
TIAL, BUT THE BOARD SHALL PUBLISH SUCH OPINIONS PROVIDED THAT  THE  NAME
OF  THE  REQUESTING  PERSON  AND  OTHER IDENTIFYING DETAILS SHALL NOT BE
INCLUDED IN THE PUBLICATION.

S. 4705--A                          6

  S 7. Subdivision 9 of section 14-100 of the election law is amended by
adding two new paragraphs 4 and 5 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 PER CANDIDATE
WHO VOLUNTEERS FOR: TRANSPORTATION OF VOLUNTEERS TO  AND  FROM  CAMPAIGN
ACTIVITIES;  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.
  (5)  EXPENDITURES  FOR COMMUNICATIONS TO MEMBERS OR SHAREHOLDERS OF AN
ORGANIZATION FOR THE PURPOSE OF SUPPORTING OR OPPOSING A CANDIDATE OR  A
BALLOT  MEASURE  ARE  NOT  CONTRIBUTIONS OR EXPENDITURES, PROVIDED THOSE
EXPENDITURES ARE NOT MADE TO A GENERAL PUBLIC AUDIENCE.
  S 8. Section 14-100 of the election law is amended by adding five  new
subdivisions 12, 13, 14, 15 and 16 to read as follows:
  12. "EXPRESS ADVOCACY" MEANS A COMMUNICATION:
  (1)  THAT CONTAINS EXPRESS WORDS SUCH AS VOTE, OPPOSE, SUPPORT, ELECT,
DEFEAT, OR REJECT, WHICH CALL FOR THE ELECTION OR DEFEAT OF A CANDIDATE,
OR
  (2) WHEN TAKEN AS A WHOLE WITH LIMITED REFERENCE TO  EXTERNAL  EVENTS,
SUCH  AS  THE  PROXIMITY TO THE ELECTION, COULD ONLY BE INTERPRETED BY A
REASONABLE PERSON AS CONTAINING ADVOCACY OF THE ELECTION  OR  DEFEAT  OF
ONE OR MORE CLEARLY IDENTIFIED CANDIDATES BECAUSE:
  (A)  THE ELECTORAL PORTION OF THE COMMUNICATION IS UNMISTAKABLE, UNAM-
BIGUOUS, AND SUGGESTIVE OF ONLY ONE MEANING; AND
  (B) REASONABLE MINDS COULD NOT DIFFER  AS  TO  WHETHER  IT  ENCOURAGES
ACTIONS  TO ELECT OR DEFEAT ONE OR MORE CLEARLY IDENTIFIED CANDIDATES OR
ENCOURAGES SOME OTHER KIND OF ACTION.
  13. "CLEARLY IDENTIFIED CANDIDATE" MEANS THAT:
  (A) THE NAME OF THE CANDIDATE INVOLVED APPEARS;
  (B) A PHOTOGRAPH OR DRAWING OF THE CANDIDATE APPEARS; OR
  (C) THE IDENTITY OF THE CANDIDATE IS APPARENT  BY  UNAMBIGUOUS  REFER-
ENCE.
  14. "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 SHAREHOLDERS AND EXEC-
UTIVES OF A BUSINESS ENTITY.
  15. "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 ARTICLE,
EACH LOCAL, STATEWIDE, NATIONAL AND INTERNATIONAL LABOR ORGANIZATION AND
EACH NATIONAL, STATE, AREA AND LABOR CENTRAL LABOR BODY  RECEIVING  DUES
FROM  AFFILIATED  LABOR  ORGANIZATIONS,  SHALL  BE CONSIDERED A SEPARATE
LABOR ORGANIZATION.
  16. "INTERMEDIARY"  MEANS  AN  INDIVIDUAL,  CORPORATION,  PARTNERSHIP,
POLITICAL  COMMITTEE,  LABOR  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.

S. 4705--A                          7

  "INTERMEDIARY"  SHALL  NOT  INCLUDE  SPOUSES,  PARENTS,  CHILDREN,  OR
SIBLINGS OF THE PERSON MAKING SUCH CONTRIBUTION.
  S  9.  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 [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,  and  if  the  transferor,
contributor,  INTERMEDIARY, 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
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 DELIVERING THE CONTRIBUTION, UNLESS
THE EXPENSES OF SUCH EVENT AT SUCH RESIDENCE 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 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] TITLE.
  S  10.  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
ARTICLE:
  (A)  "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE IN SUPPORT OR
OPPOSITION OF A CANDIDATE: 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 COMMUNICATIONS CONVEYED TO FIVE HUNDRED OR MORE MEMBERS OF  A
GENERAL  PUBLIC  AUDIENCE BY PHONE, COMPUTER OR OTHER ELECTRONIC DEVICES
THAT:
  (I) EXPRESSLY ADVOCATES FOR THE ELECTION OR DEFEAT OF A CLEARLY  IDEN-
TIFIED CANDIDATE; AND
  (II)  THAT  THE CANDIDATE OR HIS OR HER AGENTS OR AUTHORIZED POLITICAL
COMMITTEE OR COMMITTEES DID NOT AUTHORIZE, REQUEST, SUGGEST,  FOSTER  OR
COOPERATE WITH IN ANY WAY.

S. 4705--A                          8

  (B)  "INDEPENDENT SPENDER" MEANS AN INDIVIDUAL OR ENTITY THAT MAKES AN
INDEPENDENT EXPENDITURE OR ELECTIONEERING COMMUNICATION.
  (C) "ELECTIONEERING COMMUNICATION" MEANS:
  (I)  AN  AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC AUDIENCE VIA
BROADCAST, CABLE OR SATELLITE, OR A COMMUNICATION MADE BY PAID ADVERTIS-
ING THAT IS PUBLISHED ON THE INTERNET OR IN A  NEWSPAPER  OR  PERIODICAL
DISTRIBUTED  TO  A  GENERAL  PUBLIC AUDIENCE, OR A COMMUNICATION TO FIVE
HUNDRED OR MORE MEMBERS OF A GENERAL PUBLIC AUDIENCE BY PHONE,  COMPUTER
OR OTHER ELECTRONIC DEVICES,
  (II)  WHICH  IS  BROADCAST OR PUBLISHED WITHIN SIXTY DAYS OF A GENERAL
ELECTION OR THIRTY DAYS OF A PRIMARY ELECTION,
  (III) WHICH  REFERS  TO  A  CLEARLY  IDENTIFIED  CANDIDATE  OR  BALLOT
PROPOSAL, AND
  (IV)  SUCH  CANDIDATE,  THE  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.
  (D) INDEPENDENT EXPENDITURES AND ELECTIONEERING COMMUNICATIONS 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.
  (E) FOR PURPOSES OF THIS SECTION, THE TERM "PERSON" SHALL MEAN PERSON,
GROUP OF PERSONS, ENTITY, ORGANIZATION OR ASSOCIATION.
  2. WHENEVER ANY PERSON MAKES AN INDEPENDENT  EXPENDITURE  OR  ELECTIO-
NEERING  COMMUNICATION  THAT COSTS MORE THAN ONE THOUSAND DOLLARS IN THE
AGGREGATE, SUCH COMMUNICATION SHALL CLEARLY STATE THE NAME OF THE PERSON
WHO PAID FOR, OR OTHERWISE PUBLISHED OR DISTRIBUTED,  THE  COMMUNICATION
AND 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 COMMUNICATION,
WHICHEVER IS GREATER, IN A SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY
THE FAIR ELECTIONS BOARD.
  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 ON STATEMENTS AS PROVIDED
FOR 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, ADDRESS, AND IF A NATURAL PERSON, OCCUPATION AND EMPLOY-
ER OF THE PERSON MAKING THE STATEMENT;
  (B) THE NAME, ADDRESS, AND IF A NATURAL PERSON, OCCUPATION AND EMPLOY-
ER OF THE PERSON MAKING THE INDEPENDENT  EXPENDITURE  OR  ELECTIONEERING
COMMUNICATION;

S. 4705--A                          9

  (C) IF THE INDEPENDENT SPENDER MAKES INDEPENDENT EXPENDITURES OR ELEC-
TIONEERING  COMMUNICATIONS  USING EXCLUSIVELY FUNDS IN A SEGREGATED BANK
ACCOUNT CONSISTING OF FUNDS THAT WERE PAID DIRECTLY TO SUCH  ACCOUNT  BY
PERSONS  OTHER  THAN  THE INDEPENDENT SPENDER THAT CONTROLS THE ACCOUNT,
FOR EACH SUCH PAYMENT TO THE ACCOUNT:
  (I) THE NAME, ADDRESS, AND IF A NATURAL PERSON, OCCUPATION AND EMPLOY-
ER OF EACH PERSON WHO MADE SUCH PAYMENT DURING THE PERIOD COVERED BY THE
STATEMENT;
  (II) THE DATE AND AMOUNT OF SUCH PAYMENT; AND
  (III)  THE  AGGREGATE  AMOUNT  OF ALL SUCH PAYMENTS MADE BY THE PERSON
AFTER JANUARY FIRST OF THE  YEAR  IN  WHICH  THE  PRIMARY,  GENERAL,  OR
SPECIAL  ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT; BUT ONLY IF SUCH
PAYMENT WAS MADE BY A PERSON WHO MADE PAYMENTS  TO  THE  ACCOUNT  IN  AN
AGGREGATE  AMOUNT OF ONE THOUSAND DOLLARS OR MORE AFTER JANUARY FIRST OF
THE YEAR IN WHICH THE PRIMARY, GENERAL, OR SPECIAL ELECTION IS HELD  FOR
THE PUBLIC OFFICE SOUGHT.
  (D) IF THE INDEPENDENT SPENDER MAKES INDEPENDENT EXPENDITURES OR ELEC-
TIONEERING  COMMUNICATIONS  USING FUNDS OTHER THAN FUNDS IN A SEGREGATED
BANK ACCOUNT DESCRIBED IN PARAGRAPH (E) OF THIS  SUBDIVISION,  FOR  EACH
PAYMENT TO THE INDEPENDENT SPENDER:
  (I) THE NAME, ADDRESS, AND IF A NATURAL PERSON, OCCUPATION AND EMPLOY-
ER OF EACH PERSON WHO MADE SUCH PAYMENT DURING THE PERIOD COVERED BY THE
STATEMENT;
  (II) THE DATE AND AMOUNT OF SUCH PAYMENT; AND
  (III)  THE  AGGREGATE  AMOUNT  OF ALL SUCH PAYMENTS MADE BY THE PERSON
AFTER JANUARY FIRST OF THE  YEAR  IN  WHICH  THE  PRIMARY,  GENERAL,  OR
SPECIAL  ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT; BUT ONLY IF SUCH
PAYMENT WAS MADE BY A PERSON WHO MADE PAYMENTS TO THE INDEPENDENT SPEND-
ER IN AN AGGREGATE AMOUNT OF ONE THOUSAND DOLLARS OR MORE AFTER  JANUARY
FIRST  OF THE YEAR IN WHICH THE PRIMARY, GENERAL, OR SPECIAL ELECTION IS
HELD FOR THE PUBLIC OFFICE SOUGHT.
  (E) 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
  (F) 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  INDEPENDENT
EXPENDITURES  OR ELECTIONEERING COMMUNICATIONS OF ONE HUNDRED DOLLARS OR
MORE AGGREGATING FIVE THOUSAND DOLLARS OR  MORE  IN  THE  TWELVE  MONTHS
PRECEDING  THE  ELECTION  FOR  COMMUNICATIONS  THAT  REFER TO ANY SINGLE
CANDIDATE, IT IS REQUIRED TO REPORT:
  (I) ALL CONTRIBUTIONS FROM OTHER ENTITIES SINCE THE FIRST DAY  OF  THE
CALENDAR YEAR PRECEDING THE YEAR OF THE ELECTION; AND

S. 4705--A                         10

  (II)  ALL  CONTRIBUTIONS  AGGREGATING  ONE  THOUSAND  DOLLARS  OR MORE
ACCEPTED FROM AN INDIVIDUAL  DURING  THE  TWELVE  MONTHS  PRECEDING  THE
ELECTION.
  (B)  EACH  CONTRIBUTION  SHALL BE DISCLOSED IN THE REPORTING PERIOD IN
WHICH IT WAS RECEIVED. FOR EACH CONTRIBUTION,  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; AND
  (III) THE DATE OF RECEIPT AND AMOUNT OF EACH SUCH CONTRIBUTIONS.
  (C)  EXEMPTION  FOR  EARMARKED  CONTRIBUTIONS.  CONTRIBUTIONS THAT ARE
EARMARKED  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  BOARD  TO
VERIFY THEIR QUALIFICATIONS 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 FAIR ELECTIONS BOARD SHALL PROMULGATE REGULATIONS WITH  RESPECT
TO THE STATEMENTS REQUIRED TO BE FILED BY THIS SECTION AND SHALL PROVIDE
FORMS SUITABLE FOR SUCH STATEMENTS.
  S  11. Section 14-110 of the election law, as amended by chapter 46 of
the laws of 1984, is amended to read as follows:
  S 14-110. Place for filing  statements.  The  places  for  filing  the
statements required by this article shall be determined by rule or regu-
lation  of  the  state  board  of elections; provided, however, that the
statements of a candidate for election to the office of governor,  lieu-
tenant  governor,  attorney general, comptroller, member of the legisla-
ture, delegate to a constitutional convention, justice  of  the  supreme
court or for nomination for any such office at a primary election and of
any  committee  aiding  or  taking  part in the designation, nomination,
election or defeat of candidates for one or  more  of  such  offices  or
promoting  the  success  or  defeat  of a question to be voted on by the
voters of the entire state shall  be  filed  with  the  state  board  of
elections  and in such other places as the state board of elections may,
by rule or  regulation  provide.    UPON  FILING,  THE  STATE  BOARD  OF
ELECTIONS  SHALL  MAKE  ALL STATEMENTS FILED THEREWITH READILY AVAILABLE
AND ACCESSIBLE TO THE FAIR ELECTIONS BOARD.
  S 12. Section 14-112 of the election law, as amended by chapter 930 of
the laws of 1981, is amended to read as follows:
  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 13. Sections 14-100, 14-102, 14-104, 14-106, 14-107, 14-108, 14-110,
14-112,  14-114, 14-116, 14-118, 14-120, 14-122, 14-124, 14-126, 14-127,
14-128 and 14-130 of the election law are designated title 1 and  a  new
title heading is added to read as follows:
                    RECEIPTS AND EXPENDITURES; GENERAL
  S  14. Article 14 of the election law is amended by adding a new title
2 to read as follows:

S. 4705--A                         11

                                TITLE II
                            PUBLIC FINANCING
SECTION 14-200. APPLICABILITY OF TITLE.
        14-202. DEFINITIONS.
        14-204. REPORTING REQUIREMENTS.
        14-206. ELIGIBILITY.
        14-208. QUALIFIED CAMPAIGN EXPENDITURES.
        14-210. OPTIONAL PUBLIC FINANCING.
        14-212. CONTRIBUTION AND RECEIPT LIMITATIONS.
        14-214. LIMITATIONS ON THE RECEIPT OF PUBLIC FUNDS.
        14-216. FAIR ELECTIONS BOARD; GENERAL POWERS AND DUTIES.
        14-218. EXAMINATIONS AND AUDITS.
        14-220. CIVIL ENFORCEMENT.
        14-222. CRIMINAL PENALTIES.
        14-224. REPORTS.
        14-226. DEBATES.
        14-228. DISTRIBUTIONS FROM FAIR ELECTIONS FUND.
  S 14-200. APPLICABILITY OF TITLE. THIS TITLE SHALL ONLY APPLY TO THOSE
CANDIDATES  WHO  ELECT  TO  PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING
SYSTEM.
  S 14-202. DEFINITIONS. AS USED IN THIS TITLE, UNLESS  ANOTHER  MEANING
IS CLEARLY INDICATED:
  1.  THE TERM "BOARD" OR "FAIR ELECTIONS BOARD" MEANS THE BOARD CREATED
BY SECTION 14-216 OF THIS TITLE TO ADMINISTER THE FAIR ELECTIONS FUND.
  2. THE TERM "ELIGIBLE CANDIDATE" SHALL MEAN A CANDIDATE FOR NOMINATION
OR ELECTION TO ANY OF THE  OFFICES  OF  GOVERNOR,  LIEUTENANT  GOVERNOR,
COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE STATE LEGISLATURE, AT-LARGE
DELEGATE  TO  A  CONSTITUTIONAL  CONVENTION  OR  DISTRICT  DELEGATE TO A
CONSTITUTIONAL CONVENTION.
  3. THE TERM "PARTICIPATING COMMITTEE" SHALL MEAN A  SINGLE  AUTHORIZED
POLITICAL  COMMITTEE  WHICH  A CANDIDATE CERTIFIES IS THE COMMITTEE THAT
WILL SOLELY BE USED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM ESTAB-
LISHED BY THIS TITLE AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMA-
RY, GENERAL OR SPECIAL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT.  A
MULTI-CANDIDATE COMMITTEE MAY NOT BE A PARTICIPATING COMMITTEE.
  4. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN A  CANDIDATE  WHO  IS
ELIGIBLE  TO  PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEM ESTAB-
LISHED BY THIS TITLE, HAS MET THE  THRESHOLD  FOR  ELIGIBILITY  AND  HAS
ELECTED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM.
  5.  THE  TERM  "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR
ANY OFFICE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING UNDER THIS TITLE FOR A
COVERED ELECTION WHO FAILS TO FILE A STATEMENT IN THE FORM OF AN AFFIDA-
VIT PURSUANT TO SECTION 14-210 OF THIS TITLE.
  6. THE TERM "MATCHABLE CONTRIBUTIONS" SHALL MEAN THAT PORTION  OF  THE
AGGREGATE  CONTRIBUTIONS  MADE  (A)  IN THE CASE OF A PRIMARY OR GENERAL
ELECTION, AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY OR GENER-
AL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT OR (B) IN THE CASE OF A
SPECIAL ELECTION, WITHIN SIX MONTHS OF SUCH ELECTION BY NATURAL  PERSONS
RESIDENT  IN  THE  STATE  OF  NEW  YORK TO A CANDIDATE FOR NOMINATION OR
ELECTION TO ANY OF THE OFFICES COVERED BY THE PROVISIONS OF  THIS  TITLE
WHICH  DO NOT EXCEED TWO HUNDRED FIFTY DOLLARS, WHICH HAVE BEEN REPORTED
IN FULL BY THE CANDIDATE'S PARTICIPATING COMMITTEE TO THE FAIR ELECTIONS
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:
  (A) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;

S. 4705--A                         12

  (B)  CONTRIBUTIONS  IN THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM
WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
  (C) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR OR OTHER-
WISE INDUCED BY A CHANCE TO PARTICIPATE IN A RAFFLE, LOTTERY, OR SIMILAR
DRAWING FOR VALUABLE PRIZES;
  (D)  MONEY  ORDER  CONTRIBUTIONS FROM ANY ONE CONTRIBUTOR THAT ARE, IN
THE AGGREGATE, GREATER THAN ONE HUNDRED DOLLARS;
  (E) CONTRIBUTIONS FROM INDIVIDUALS UNDER THE AGE OF EIGHTEEN YEARS;
  (F) 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
CANDIDATE'S  CERTIFICATION,  UNLESS  SUCH  EXPENDITURE IS REIMBURSING AN
ADVANCE.
  7. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE
FOR WHICH PUBLIC FUNDS MAY BE USED.
  8. THE TERM "FUND" SHALL MEAN THE NEW YORK STATE FAIR  ELECTIONS  FUND
CREATED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  9. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF TOTAL
MATCHABLE CONTRIBUTIONS THAT THE PARTICIPATING COMMITTEE OF AN OTHERWISE
ELIGIBLE  CANDIDATE  MUST RECEIVE, AS REQUIRED BY SECTION 14-206 OF THIS
TITLE, IN ORDER TO QUALIFY FOR OPTIONAL  PUBLIC  FINANCING  PURSUANT  TO
THIS TITLE.
  10. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS IN SUBDIVI-
SION NINE OF SECTION 14-100 OF THIS ARTICLE.
  S  14-204.  REPORTING  REQUIREMENTS.  1. EVERY PARTICIPATING CANDIDATE
SHALL NOT DESIGNATE MORE THAN ONE AUTHORIZED COMMITTEE. BEFORE RECEIVING
ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR A COVERED ELECTION,  EACH
PARTICIPATING  CANDIDATE SHALL NOTIFY THE FAIR ELECTIONS BOARD AS TO THE
EXISTENCE OF HIS OR HER AUTHORIZED COMMITTEE THAT  HAS  BEEN  DESIGNATED
AND  APPROVED  BY  SUCH CANDIDATE. EACH SUCH AUTHORIZED COMMITTEE SHALL,
BEFORE OPENING A COMMITTEE BANK ACCOUNT, RECEIVING ANY  CONTRIBUTION  OR
MAKING ANY EXPENDITURE FOR A COVERED ELECTION:
  (A) DESIGNATE A TREASURER; AND
  (B)  OBTAIN  A  TAX  IDENTIFICATION  NUMBER  FROM THE INTERNAL REVENUE
SERVICE.
  2. DISCLOSURE. (A) EVERY PARTICIPATING CANDIDATE SHALL FILE  FINANCIAL
DISCLOSURE  REPORTS  WITH  THE  STATE  BOARD OF ELECTIONS AS REQUIRED BY
TITLE ONE OF THIS ARTICLE. COPIES OF SUCH REPORTS SHALL ALSO BE  SUBMIT-
TED  TO THE FAIR ELECTIONS BOARD CREATED PURSUANT TO THIS ARTICLE AT THE
SAME TIME SUCH REPORTS ARE FILED WITH THE STATE BOARD OF ELECTIONS.
  (B) THE FAIR ELECTIONS BOARD SHALL REVIEW EACH DISCLOSURE REPORT FILED
WITH THE STATE BOARD OF ELECTIONS PURSUANT TO TITLE ONE OF THIS  ARTICLE
AND  SHALL  INFORM  PARTICIPATING  CANDIDATES  AND  POLITICAL COMMITTEES
INCLUDING THE AUTHORIZED  COMMITTEE,  OF  RELEVANT  QUESTIONS  THE  FAIR
ELECTIONS BOARD HAS CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS OF THIS
TITLE  AND  OF  THE  RULES  ISSUED BY THE FAIR ELECTIONS BOARD; AND (II)
QUALIFICATION FOR RECEIVING  PUBLIC  MATCHING  FUNDS  PURSUANT  TO  THIS
TITLE. IN THE COURSE OF SUCH REVIEW, THE FAIR ELECTIONS BOARD SHALL GIVE
CANDIDATES  AND POLITICAL COMMITTEES INCLUDING THE AUTHORIZED COMMITTEE,
AN OPPORTUNITY TO RESPOND TO AND CORRECT POTENTIAL VIOLATIONS  AND  GIVE
CANDIDATES  AN OPPORTUNITY TO ADDRESS QUESTIONS THE BOARD HAS CONCERNING
THEIR MATCHABLE CONTRIBUTION CLAIMS OR OTHER ISSUES CONCERNING ELIGIBIL-
ITY FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE.  NOTHING
IN  THIS  PARAGRAPH SHALL PRECLUDE THE BOARD FROM SUBSEQUENTLY REVIEWING
SUCH A DISCLOSURE REPORT AND TAKING ANY ACTION OTHERWISE  AUTHORIZED  BY
THIS TITLE.

S. 4705--A                         13

  (C)  ONLY  ITEMIZED  CONTRIBUTIONS CONTAINED IN REPORTS FILED WITH THE
FAIR ELECTIONS BOARD SHALL BE ELIGIBLE FOR MATCHING  FUNDS  PURSUANT  TO
THIS TITLE.
  S 14-206. 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 FAIR ELECTIONS BOARD ANY
EVIDENCE IT MAY REASONABLY REQUEST  RELATING  TO  HIS  OR  HER  CAMPAIGN
EXPENDITURES OR CONTRIBUTIONS AND FURNISH SUCH OTHER PROOF OF COMPLIANCE
WITH THIS TITLE AS MAY BE REQUESTED BY THE BOARD;
  (E)  HAVE  A  SINGLE  AUTHORIZED  POLITICAL  COMMITTEE WHICH HE OR SHE
CERTIFIES AS THE PARTICIPATING COMMITTEE FOR THE PURPOSES OF THIS TITLE;
  (F) AGREE TO IDENTIFY ACCURATELY IN ALL CAMPAIGN MATERIALS THE  PERSON
OR ENTITY THAT PAID FOR SUCH CAMPAIGN MATERIAL; AND
  (G)  AGREE NOT TO EXPEND FOR CAMPAIGN PURPOSES ANY PORTION OF ANY PRE-
EXISTING FUNDS RAISED FOR ANY PUBLIC OFFICE OR PARTY POSITION  PRIOR  TO
THE  DATE  OF  ELECTING TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM AS
SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION.  NOTHING IN  THIS  PARA-
GRAPH  SHALL  BE CONSTRUED TO LIMIT, IN ANY WAY, ANY CANDIDATE OR PUBLIC
OFFICIAL FROM EXPENDING ANY PORTION OF PRE-EXISTING CAMPAIGN  FUNDS  FOR
ANY LAWFUL PURPOSE OTHER THAN THOSE RELATED TO HIS OR HER CAMPAIGN.
  2.  THE THRESHOLD FOR ELIGIBILITY FOR PUBLIC FUNDING FOR CANDIDATES IN
A PRIMARY, GENERAL OR SPECIAL ELECTION FOR THE FOLLOWING  OFFICES  SHALL
BE:
  (A)  GOVERNOR  IN  A  PRIMARY  OR  GENERAL ELECTION. NOT LESS THAN SIX
HUNDRED FIFTY THOUSAND DOLLARS FROM AT LEAST SIX THOUSAND  FIVE  HUNDRED
MATCHABLE  CONTRIBUTIONS  MADE  UP  OF  SUMS  OF UP TO TWO HUNDRED FIFTY
DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
  (B) LIEUTENANT GOVERNOR IN  A  PRIMARY  ELECTION  AND  COMPTROLLER  OR
ATTORNEY  GENERAL  IN  A PRIMARY OR GENERAL ELECTION.  NOT LESS THAN TWO
HUNDRED THOUSAND DOLLARS FROM AT LEAST TWO THOUSAND  MATCHABLE  CONTRIB-
UTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY DOLLARS PER INDIVIDUAL
CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
  (C)  MEMBERS  OF  THE  STATE  SENATE  IN A PRIMARY, GENERAL OR SPECIAL
ELECTION. NOT LESS THAN  TWENTY  THOUSAND  DOLLARS  FROM  AT  LEAST  TWO
HUNDRED  MATCHABLE  CONTRIBUTIONS  MADE  UP OF SUMS OF UP TO TWO HUNDRED
FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW  YORK  STATE
INCLUDING  AT LEAST TEN THOUSAND DOLLARS FROM AT LEAST ONE HUNDRED INDI-
VIDUAL CONTRIBUTORS WHO RESIDE IN THE SENATE DISTRICT OR RESIDE  IN  ANY
PORTION  OF  ANY COUNTY WHICH CONSTITUTES ANY MEASURE OF THE 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

S. 4705--A                         14

ASSEMBLY DISTRICT OR RESIDE IN ANY PORTION OF ANY COUNTY  WHICH  CONSTI-
TUTES ANY MEASURE OF THE DISTRICT IN WHICH THE SEAT IS TO BE FILLED.
  (E)  AT-LARGE  DELEGATE TO A CONSTITUTIONAL CONVENTION IN A PRIMARY OR
GENERAL ELECTION. NOT LESS THAN TWENTY THOUSAND DOLLARS  FROM  AT  LEAST
TWO HUNDRED MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED
FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
  (F)  DISTRICT  DELEGATE TO A CONSTITUTIONAL CONVENTION IN A PRIMARY OR
GENERAL ELECTION. NOT LESS THAN FIVE  THOUSAND  DOLLARS  FROM  AT  LEAST
FIFTY MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY
DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN THE DISTRICT OR IN THE
CONSTITUENT COUNTY OR RESIDES IN ANY PORTION OF ANY COUNTY WHICH CONSTI-
TUTES ANY MEASURE OF THE DISTRICT IN WHICH THE SEAT IS TO BE FILLED.
  3.  IN  ORDER  TO  BE  ELIGIBLE  TO  RECEIVE PUBLIC FUNDS IN A PRIMARY
ELECTION A CANDIDATE MUST AGREE, THAT IN THE EVENT SUCH CANDIDATE  IS  A
CANDIDATE  FOR  SUCH  OFFICE  IN THE GENERAL ELECTION IN SUCH YEAR, THAT
SUCH CANDIDATE WILL BE BOUND BY THE PROVISIONS OF THIS TITLE, INCLUDING,
BUT NOT LIMITED TO, THE PUBLIC FUNDS RECEIPT LIMITS OF THIS TITLE.
  4. CANDIDATES WHO ARE CONTESTED IN A PRIMARY ELECTION AND WHO  DO  NOT
SEEK PUBLIC FUNDS SHALL NOT BE ELIGIBLE FOR PUBLIC FUNDS FOR THE GENERAL
ELECTION  IN  THAT  YEAR.  THE  PROVISIONS OF THIS SUBDIVISION SHALL NOT
APPLY TO CANDIDATES FOR THE OFFICE OF LIEUTENANT GOVERNOR.
  5. CANDIDATES WHO ARE UNOPPOSED IN A GENERAL OR SPECIAL ELECTION SHALL
NOT BE ELIGIBLE TO RECEIVE PUBLIC FUNDS.
  6. NO CANDIDATE FOR ELECTION TO AN OFFICE IN  A  PRIMARY,  GENERAL  OR
SPECIAL  ELECTION WHO HAS ELECTED TO PARTICIPATE IN THE PUBLIC FINANCING
SYSTEM SHALL BE DEEMED OPPOSED AND RECEIVE PUBLIC FUNDS UNLESS THERE  IS
AT LEAST ONE OTHER CANDIDATE, AS DEFINED BY SUBDIVISION SEVEN OF SECTION
14-100 OF THIS TITLE FOR SUCH OFFICE IN SUCH ELECTION.
  S  14-208.  QUALIFIED  CAMPAIGN EXPENDITURES. 1. PUBLIC FUNDS PROVIDED
UNDER THE PROVISIONS OF THIS TITLE MAY ONLY BE USED FOR EXPENDITURES  BY
THE PARTICIPATING COMMITTEE AUTHORIZED BY THE CANDIDATE TO MAKE EXPENDI-
TURES  ON SUCH CANDIDATE'S BEHALF, TO FURTHER THE CANDIDATE'S NOMINATION
OR ELECTION AFTER JANUARY FIRST OF THE YEAR  IN  WHICH  THE  PRIMARY  OR
GENERAL ELECTION IS HELD FOR THE OFFICE SOUGHT, FOR SERVICES, MATERIALS,
FACILITIES  OR OTHER THINGS OF VALUE USED DURING THAT CAMPAIGN CYCLE OR,
IN THE CASE OF A SPECIAL ELECTION, FOR EXPENDITURES  DURING  THE  PERIOD
COMMENCING  THREE  MONTHS BEFORE AND ENDING ONE MONTH AFTER SUCH SPECIAL
ELECTION.
  2. SUCH PUBLIC FUNDS MAY NOT BE USED FOR:
  (A) AN EXPENDITURE IN VIOLATION OF ANY LAW OF THE UNITED STATES OR  OF
THIS STATE;
  (B)  PAYMENTS  OR  ANYTHING OF VALUE GIVEN OR MADE TO THE CANDIDATE, A
RELATIVE OF THE CANDIDATE, OR TO A BUSINESS ENTITY  IN  WHICH  ANY  SUCH
PERSON  HAS  A TEN PERCENT OR GREATER OWNERSHIP INTEREST OR OF WHICH ANY
SUCH PERSON IS AN OFFICER, DIRECTOR OR EMPLOYEE IN EXCESS  OF  THE  FAIR
MARKET  VALUE OF SUCH 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
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.

S. 4705--A                         15

  (E)  ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION,  ACCEPTANCE,
AUTHORIZATION, DECLINATION OR SUBSTITUTION;
  (F)  EXPENDITURE FOR NONCAMPAIGN RELATED FOOD, DRINK OR ENTERTAINMENT;
AND
  (G) GIFTS.
  S 14-210. 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  FAIR  ELECTIONS  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 FAIR ELECTIONS BOARD  IN
ACCORDANCE  WITH  THE  PROVISIONS OF THIS TITLE, PROVIDED, HOWEVER, SUCH
PUBLIC FUNDS SHALL ONLY BE USED FOR QUALIFIED CAMPAIGN EXPENDITURES.
  3. (A) NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO  IS
UNOPPOSED  IN  A  PRIMARY ELECTION SHALL BE ENTITLED TO PAYMENT FROM THE
FUND FOR QUALIFIED CAMPAIGN EXPENDITURES.
  (B) WHERE THERE IS A CONTEST IN SUCH PRIMARY FOR THE NOMINATION OF  AT
LEAST ONE OTHER PARTY FOR SUCH OFFICE, THE PARTICIPATING COMMITTEE OF AN
UNOPPOSED  PARTICIPATING CANDIDATE FOR NOMINATION MAY RAISE AND SPEND AN
AMOUNT EQUAL TO ONE-HALF THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE,
AS FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT  PUBLIC
FUNDS, WITH CONTRIBUTIONS OF UP TO TWO THOUSAND DOLLARS PER CONTRIBUTOR.
SUCH  PAYMENT  CAN ONLY BE EXPENDED FOR PROPERTY, SERVICES OR FACILITIES
USED ON OR BEFORE THE DATE OF SUCH PRIMARY ELECTION.
  4. THE FAIR ELECTIONS BOARD SHALL  PROMPTLY  EXAMINE  ALL  REPORTS  OF
CONTRIBUTIONS  TO  DETERMINE  WHETHER,  ON  THEIR  FACE,  THEY  MEET THE
REQUIREMENTS FOR MATCHABLE CONTRIBUTIONS, AND SHALL  KEEP  A  RECORD  OF
SUCH CONTRIBUTIONS.
  5.  THE  FAIR  ELECTIONS  BOARD  SHALL  PROMULGATE REGULATIONS FOR THE
CERTIFICATION OF THE AMOUNT OF FUNDS PAYABLE BY  THE  COMPTROLLER,  FROM
THE  FUND  ESTABLISHED  PURSUANT  TO  SECTION  NINETY-TWO-T OF THE STATE
FINANCE LAW, TO A PARTICIPATING CANDIDATE THAT HAS QUALIFIED TO  RECEIVE
SUCH  PAYMENT.  THESE  REGULATIONS  SHALL  INCLUDE  THE PROMULGATION AND
DISTRIBUTION OF FORMS ON WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO  BE
REPORTED,  THE  PERIODS  DURING WHICH SUCH REPORTS MUST BE FILED AND THE
VERIFICATION REQUIRED. THE BOARD SHALL INSTITUTE PROCEDURES  WHICH  WILL
MAKE POSSIBLE PAYMENT BY THE FUND WITHIN TWO BUSINESS DAYS AFTER RECEIPT
OF THE REQUIRED FORMS AND VERIFICATIONS.
  S  14-212.  CONTRIBUTION  AND RECEIPT LIMITATIONS. 1.  IN ANY PRIMARY,
SPECIAL OR GENERAL ELECTION FOR ANY STATEWIDE OFFICE, STATE  LEGISLATIVE
OFFICE  OR  CONSTITUTIONAL CONVENTION DELEGATE NO CONTRIBUTOR MAY MAKE A
CONTRIBUTION TO ANY PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S  PARTIC-
IPATING  COMMITTEE,  AND  NO  PARTICIPATING  CANDIDATE  OR PARTICIPATING

S. 4705--A                         16

COMMITTEE MAY ACCEPT ANY CONTRIBUTION FROM ANY CONTRIBUTOR WHICH, IN THE
AGGREGATE AMOUNT, IS GREATER THAN TWO THOUSAND DOLLARS.
  2.  (A) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE
AS FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT  PUBLIC
FUNDS,  A PARTICIPATING CANDIDATE FOR GOVERNOR OR LIEUTENANT GOVERNOR IN
A PRIMARY OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING  COMMIT-
TEE  MAY  ACCEPT  FROM A STATE CONSTITUTED COMMITTEE WHICH HAS NOMINATED
SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE,  DOES  NOT
EXCEED  TWO  MILLION  FIVE  HUNDRED THOUSAND DOLLARS; PROVIDED, HOWEVER,
THAT TWENTY-FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A
TRANSFER.
  (B) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE  AS
FIXED  BY  THIS  TITLE  FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
FUNDS, A PARTICIPATING CANDIDATE FOR ATTORNEY GENERAL OR COMPTROLLER  IN
A  PRIMARY OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING COMMIT-
TEE MAY ACCEPT FROM A STATE CONSTITUTED COMMITTEE  WHICH  HAS  NOMINATED
SUCH  CANDIDATE  SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT
EXCEED ONE MILLION DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE  PERCENT
OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (C)  NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS
FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE  ELECTED  TO  ACCEPT  PUBLIC
FUNDS, A PARTICIPATING CANDIDATE FOR STATE SENATOR IN A PRIMARY, GENERAL
OR  SPECIAL  ELECTION  OR  SUCH  CANDIDATE'S PARTICIPATING COMMITTEE MAY
ACCEPT FROM A STATE  CONSTITUTED  COMMITTEE  WHICH  HAS  NOMINATED  SUCH
CANDIDATE  SERVICES  IN    AN  AMOUNT  WHICH, IN THE AGGREGATE, DOES NOT
EXCEED ONE HUNDRED THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE
PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (D) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE  AS
FIXED  BY  THIS  TITLE  FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
FUNDS, A PARTICIPATING CANDIDATE FOR MEMBER OF THE ASSEMBLY IN A  PRIMA-
RY,  GENERAL  OR  SPECIAL  ELECTION  OR  SUCH  CANDIDATE'S PARTICIPATING
COMMITTEE MAY ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS  NOMI-
NATED SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES
NOT  EXCEED  FIFTY THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE
PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (E) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE  AS
FIXED  BY  THIS  TITLE  FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
FUNDS, A PARTICIPATING CANDIDATE FOR DELEGATE AT-LARGE  TO  A  CONSTITU-
TIONAL  CONVENTION IN A GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPAT-
ING COMMITTEE MAY ACCEPT FROM A STATE CONSTITUTED  COMMITTEE  WHICH  HAS
NOMINATED  SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE,
DOES NOT EXCEED FIFTY THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT  TWENTY-
FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (F)  NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS
FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE  ELECTED  TO  ACCEPT  PUBLIC
FUNDS,  A  PARTICIPATING  CANDIDATE FOR DISTRICT DELEGATE TO A CONSTITU-
TIONAL CONVENTION IN A GENERAL ELECTION OR SUCH CANDIDATE'S  PARTICIPAT-
ING  COMMITTEE  MAY  ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS
NOMINATED SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE  AGGREGATE,
DOES   NOT   EXCEED   TEN  THOUSAND  DOLLARS;  PROVIDED,  HOWEVER,  THAT
TWENTY-FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED  IN  THE  FORM  OF  A
TRANSFER.
  (G)  FOR  PURPOSES  OF  THIS  SUBDIVISION,  THE TERM STATE CONSTITUTED
COMMITTEE INCLUDES ANY OF ITS SUBCOMMITTEES.
  3. NOTWITHSTANDING ANY PUBLIC FUNDS RECEIPT LIMIT IN THIS SUBDIVISION,
EACH COUNTY COMMITTEE OF ANY  PARTY  WHICH  NOMINATES  A  CANDIDATE  FOR

S. 4705--A                         17

STATEWIDE  OFFICE OR STATE LEGISLATIVE OFFICE, INCLUDING WITHIN THE TERM
COUNTY COMMITTEE ANY OF ITS SUBCOMMITTEES, MAY EXPEND IN SUPPORT OF SUCH
PARTY'S CANDIDATES FOR STATEWIDE OFFICE OR STATE LEGISLATIVE OFFICE  WHO
HAS  AGREED TO ACCEPT PUBLIC FINANCING, AN AMOUNT WHICH SHALL NOT EXCEED
THE SUM OF TWO CENTS FOR EACH VOTER REGISTERED IN SUCH COUNTY AS  DETER-
MINED  BY  THE  RECORDS  OF THE APPROPRIATE BOARD OF ELECTIONS AS OF THE
PRECEDING GENERAL ELECTION.
  4. IN COMPUTING THE AGGREGATE AMOUNT EXPENDED  FOR  PURPOSES  OF  THIS
SECTION,  EXPENDITURES MADE BY A STATE CONSTITUTED COMMITTEE OR A COUNTY
COMMITTEE IN SUPPORT OF MORE THAN ONE CANDIDATE SHALL BE ALLOCATED AMONG
SUCH CANDIDATES SUPPORTED BY THE COMMITTEE IN ACCORDANCE  WITH  FORMULAS
PROMULGATED BY THE FAIR ELECTIONS BOARD OR, IN THE ABSENCE OF SUCH OFFI-
CIAL FORMULAS, IN ACCORDANCE WITH A FORMULA BASED UPON REASONABLE STAND-
ARDS.  THE  STATEMENTS FILED BY SUCH CONSTITUTED 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 OR THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED
BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS.
  6.  EXCEPT FOR THE LIMITATIONS SPECIFICALLY SET FORTH IN THIS SECTION,
PARTICIPATING CANDIDATES SHALL BE SUBJECT  TO  THE  PROVISIONS  OF  THIS
ARTICLE.
  S  14-214.  LIMITATIONS ON THE RECEIPT OF PUBLIC FUNDS.  THE FOLLOWING
LIMITATIONS APPLY TO THE RECEIPT OF PUBLIC FUNDS BY PARTICIPATING CANDI-
DATES AND THEIR PARTICIPATING COMMITTEES  RECEIVING  SUCH  PUBLIC  FUNDS
PURSUANT TO THE PROVISIONS OF THIS TITLE:
  1.  IN  ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS BY PARTICIPATING
CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
  (I) FOR GOVERNOR, THE SUM OF NINE MILLION DOLLARS;
  (II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
OF SIX MILLION DOLLARS;
  (III) FOR SENATOR, THE SUM OF THREE HUNDRED FIFTY THOUSAND DOLLARS;
  (IV) FOR MEMBER OF THE ASSEMBLY, THE SUM OF ONE HUNDRED FIFTY THOUSAND
DOLLARS;
  (V) FOR AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION, THE  SUM  OF
ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS;
  (VI) FOR DISTRICT DELEGATES TO A CONSTITUTIONAL CONVENTION, THE SUM OF
FIFTY THOUSAND DOLLARS;
  2.  IN  ANY  GENERAL  OR  SPECIAL ELECTION, RECEIPT OF PUBLIC FUNDS BY
PARTICIPATING CANDIDATES FOR THE FOLLOWING OFFICES AND BY THEIR  PARTIC-
IPATING COMMITTEES SHALL NOT EXCEED THE FOLLOWING AMOUNTS:
  CANDIDATES FOR ELECTION TO THE OFFICE OF:
  GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED)                $12,000,000
  ATTORNEY GENERAL                                           $8,000,000

S. 4705--A                         18

  COMPTROLLER                                                $8,000,000
  MEMBER OF SENATE                                           $400,000
  MEMBER OF ASSEMBLY                                         $200,000
  DELEGATE AT-LARGE TO A CONSTITUTIONAL CONVENTION           $350,000
  DISTRICT DELEGATE TO A CONSTITUTIONAL CONVENTION           $75,000
  3. PARTICIPATING CANDIDATES FOR OFFICE WHO ARE UNOPPOSED IN THE PRIMA-
RY  ELECTION  MAY  RECEIVE PUBLIC FUNDS BEFORE THE PRIMARY ELECTION, FOR
SERVICES, MATERIALS OR FACILITIES USED ON OR BEFORE  THE  DATE  OF  SUCH
PRIMARY  ELECTION, AN AMOUNT EQUAL TO HALF THE SUM SUCH CANDIDATES WOULD
BE ENTITLED TO RECEIVE IF THEIR NOMINATION WAS CONTESTED IN SUCH PRIMARY
ELECTION PROVIDED THERE IS A PRIMARY CONTEST FOR THE  NOMINATION  OF  AT
LEAST ONE OTHER PARTY FOR SUCH OFFICE.
  4.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE AMOUNT OF
PRIVATE FUNDS A PARTICIPATING  CANDIDATE  MAY  RECEIVE  SUBJECT  TO  THE
CONTRIBUTION LIMITS CONTAINED IN SECTION 14-212 OF THIS TITLE.
  5.  AT  THE  BEGINNING OF EACH SECOND CALENDAR YEAR, COMMENCING IN TWO
THOUSAND SIXTEEN, THE FAIR ELECTIONS BOARD SHALL DETERMINE THE  PERCENT-
AGE OF THE DIFFERENCE BETWEEN THE MOST RECENT AVAILABLE MONTHLY CONSUMER
PRICE  INDEX  FOR ALL URBAN CONSUMERS PUBLISHED BY THE THE UNITED STATES
BUREAU OF LABOR STATISTICS AND SUCH CONSUMER PRICE INDEX  PUBLISHED  FOR
THE  SAME  MONTH  FOUR YEARS PREVIOUSLY. THE AMOUNT OF EACH PUBLIC FUNDS
RECEIPT LIMITATION FIXED IN THIS SECTION 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 PUBLIC FUND RECEIPT LIMIT AS SO ADJUSTED  SHALL
BE THE PUBLIC FUNDS RECEIPT LIMIT IN EFFECT FOR ANY ELECTION HELD BEFORE
THE NEXT SUCH ADJUSTMENT.
  S  14-216.  FAIR ELECTIONS BOARD; GENERAL POWERS AND DUTIES. 1.  THERE
SHALL BE A BOARD WITHIN THE STATE BOARD OF ELECTIONS KNOWN AS THE  "FAIR
ELECTIONS  BOARD" COMPOSED OF FIVE MEMBERS, OF WHICH ONE MEMBER SHALL BE
APPOINTED BY THE GOVERNOR AND ONE MEMBER  SHALL  BE  APPOINTED  BY  EACH
LEGISLATIVE  LEADER  OF  THE SENATE AND ASSEMBLY.  NO MEMBER OF THE FAIR
ELECTIONS BOARD SHALL HOLD ELECTIVE OFFICE, NOR SHALL ANY  MEMBER  BE  A
LOBBYIST  AS DEFINED IN SUBDIVISION (A) OF SECTION ONE-C OF THE LEGISLA-
TIVE LAW. THE CHAIR SHALL BE RESPONSIBLE FOR MANAGING THE FAIR ELECTIONS
BOARD. THE MEMBERS SHALL EACH SERVE FOR A TERM OF FOUR YEARS.
  2.  THE MEMBERS OF THE FAIR ELECTIONS BOARD SHALL DESIGNATE THE CHAIR-
MAN OF THE FAIR ELECTIONS BOARD FROM  AMONG  THE  MEMBERS  THEREOF,  WHO
SHALL  SERVE  AS  CHAIRMAN  AT  THE  PLEASURE OF THE MEMBERS OF THE FAIR
ELECTIONS BOARD. THE CHAIRMAN OR ANY THREE MEMBERS OF THE FAIR ELECTIONS
BOARD MAY CALL A MEETING.
  3. EACH MEMBER'S TERM SHALL COMMENCE ON JANUARY  FIRST,  TWO  THOUSAND
FOURTEEN. IN CASE OF A VACANCY IN THE OFFICE OF A MEMBER, A MEMBER SHALL
BE  APPOINTED  ACCORDING  TO  THE  ORIGINAL  MANNER OF APPOINTMENT. EACH
MEMBER SHALL BE A RESIDENT OF THE STATE OF NEW YORK  AND  REGISTERED  TO
VOTE  THEREIN.  EACH  MEMBER  SHALL AGREE NOT TO MAKE AND SHALL NOT MAKE
CONTRIBUTIONS TO ANY CANDIDATE OR AUTHORIZED  COMMITTEE  FOR  NOMINATION
FOR  ELECTION  OR  FOR  ELECTION  TO THE OFFICE OF STATE COMPTROLLER. NO
MEMBER SHALL SERVE AS AN OFFICER OF A POLITICAL PARTY OR COMMITTEE OR BE
A CANDIDATE OR PARTICIPATE IN ANY CAPACITY IN A CAMPAIGN BY A  CANDIDATE
FOR  NOMINATION  FOR  ELECTION,  OR  FOR ELECTION TO THE OFFICE OF STATE
COMPTROLLER. AN OFFICER OR EMPLOYEE OF THE STATE  OR  ANY  STATE  AGENCY
SHALL NOT BE ELIGIBLE TO BE A MEMBER OF THE FAIR ELECTIONS BOARD.

S. 4705--A                         19

  4.  THE  MEMBERS  OF  THE  FAIR  ELECTIONS  BOARD SHALL BE ENTITLED TO
RECEIVE PAYMENT FOR  ACTUAL  AND  NECESSARY  EXPENSES  INCURRED  IN  THE
PERFORMANCE OF THEIR DUTIES AS MEMBERS OF SUCH BOARD.
  5.  A  MEMBER  OF THE FAIR ELECTIONS BOARD MAY BE REMOVED FOR CAUSE BY
THE APPOINTING AUTHORITY UPON NOTICE AND AN OPPORTUNITY FOR A HEARING.
  6.  THE FAIR ELECTIONS BOARD SHALL APPOINT 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  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.
THE FAIR ELECTIONS BOARD MAY UTILIZE EXISTING STAFF OF THE  STATE  BOARD
OF  ELECTIONS  AS  MAY  BE  NECESSARY,  AND  MAKE NECESSARY EXPENDITURES
SUBJECT TO APPROPRIATION, PROVIDED HOWEVER THAT THE ENFORCEMENT COUNSEL,
IN CONSULTATION WITH THE FAIR ELECTIONS BOARD, SHALL HAVE THE  AUTHORITY
TO  HIRE AT LEAST FOUR NEW FAIR ELECTIONS BOARD STAFF MEMBERS. SUCH FAIR
ELECTIONS BOARD STAFF MEMBERS SHALL BE DEDICATED TO TRAINING AND ASSIST-
ING PARTICIPATING CANDIDATES  IN  COMPLYING  WITH  THE  REQUIREMENTS  OF
OPTIONAL  PUBLIC FINANCING AS PROVIDED FOR UNDER THE PROVISIONS OF TITLE
TWO OF ARTICLE FOURTEEN OF THIS CHAPTER.  THE FAIR ELECTIONS BOARD SHALL
RETAIN AN INDEPENDENT AUDITOR TO PERFORM ONGOING AUDITS OF EACH  COVERED
ELECTION  BY  CONTRACT  ENTERED  INTO  PURSUANT  TO  SECTION ONE HUNDRED
SIXTY-THREE OF THE STATE FINANCE LAW.
  7. 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 THIS SECTION, THE MEMBERS, OR IN THE CASE OF A VACANCY
ON  THE  FAIR  ELECTIONS  BOARD,  THE MEMBERS, OF EACH OF THE SAME MAJOR
POLITICAL PARTY AS THE INCUMBENT ENFORCEMENT COUNSEL, DEPUTY ENFORCEMENT
COUNSEL, SHALL APPOINT SUCH COUNSELS, AND DEPUTIES. ANY VACANCY  IN  THE
OFFICE OF ENFORCEMENT COUNSEL, DEPUTY ENFORCEMENT COUNSEL, SPECIAL COUN-
SEL,  SPECIAL  DEPUTY COUNSEL, DIRECTOR OF PUBLIC INFORMATION AND DEPUTY
DIRECTOR OF PUBLIC INFORMATION SHALL BE FILLED BY  THE  MEMBERS  OF  THE
FAIR  ELECTIONS  BOARD  OR  IN  THE  CASE OF A VACANCY ON THE BOARD, THE
MEMBERS OF THE SAME MAJOR POLITICAL PARTY AS THE VACATING INCUMBENT  FOR
THE REMAINING PERIOD OF THE TERM OF SUCH VACATING INCUMBENT.
  8.  IN  ADDITION  TO  THE ENFORCEMENT POWERS, AND ANY OTHER POWERS AND
DUTIES SPECIFIED BY LAW, THE FAIR ELECTIONS BOARD SHALL:
  (A)(I) RENDER ADVISORY OPINIONS  WITH  RESPECT  TO  QUESTIONS  ARISING
UNDER  THIS  ARTICLE UPON THE WRITTEN REQUEST OF A CANDIDATE, AN OFFICER
OF A POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITI-
ATIVE; (II) PROMULGATE RULES REGARDING REASONABLE TIMES  TO  RESPOND  TO
SUCH REQUESTS; AND (III) MAKE PUBLIC THE QUESTIONS OF INTERPRETATION FOR
WHICH  ADVISORY  OPINIONS WILL BE CONSIDERED BY THE FAIR ELECTIONS BOARD
AND ITS ADVISORY OPINIONS, INCLUDING BY PUBLICATION ON ITS WEBSITE;
  (B) DEVELOP A PROGRAM FOR INFORMING AND TRAINING  CANDIDATES  AND  THE
PUBLIC  AS  TO  THE  PURPOSE AND EFFECT OF THE PROVISIONS OF THIS TITLE,
INCLUDING BY MEANS OF A WEBSITE;
  (C) HAVE THE AUTHORITY TO PROMULGATE SUCH RULES  AND  REGULATIONS  AND
PRESCRIBE SUCH FORMS AS THE FAIR ELECTIONS BOARD DEEMS NECESSARY FOR THE
ADMINISTRATION OF THIS TITLE; AND
  (D) IN CONJUNCTION WITH THE STATE BOARD OF ELECTIONS DEVELOP AN INTER-
ACTIVE,  SEARCHABLE COMPUTER DATABASE THAT SHALL CONTAIN ALL INFORMATION
NECESSARY FOR THE PROPER ADMINISTRATION OF THIS TITLE INCLUDING INFORMA-
TION ON CONTRIBUTIONS  TO  AND  EXPENDITURES  BY  CANDIDATES  AND  THEIR
AUTHORIZED  COMMITTEES  AND  DISTRIBUTIONS  OF  MONEYS FROM THE FUND AND

S. 4705--A                         20

SHALL BE ACCESSIBLE TO THE PUBLIC  ON  THE  STATE  BOARD  OF  ELECTIONS'
WEBSITE.
  9.  CONSISTENT WITH THE PROVISIONS OF THE CIVIL SERVICE LAW AND SUBDI-
VISION SEVENTEEN OF SECTION SEVENTY-THREE OF THE  PUBLIC  OFFICERS  LAW,
AND NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, ALL
POSITIONS  ON  THE STAFF OF THE FAIR ELECTIONS BOARD SHALL BE CLASSIFIED
IN THE EXEMPT CLASS OF THE CIVIL SERVICE AND  SUCH  POSITIONS  SHALL  BE
FILLED,  TO  THE  EXTENT  POSSIBLE, WITH AN EQUAL NUMBER OF PERSONS FROM
EACH OF THE TWO POLITICAL PARTIES FOR WHICH THE  HIGHEST  AND  THE  NEXT
HIGHEST NUMBER OF VOTES WERE CAST FOR THE OFFICE OF STATE COMPTROLLER AT
THE LAST PRECEDING GENERAL ELECTION FOR SUCH OFFICE.
  10.  THE  FAIR  ELECTIONS  BOARD'S ADMINISTRATION OF THE FUND SHALL BE
GOVERNED BY THE PROVISIONS OF THIS TITLE AND SECTION NINETY-TWO-T OF THE
STATE FINANCE LAW.
  11. THE FAIR ELECTIONS BOARD AND ITS PROCEEDINGS SHALL BE GOVERNED  BY
THE  STATE  ADMINISTRATIVE PROCEDURE ACT AND SUBJECT TO ARTICLES SIX AND
SEVEN OF THE PUBLIC OFFICERS LAW.
  12.  FOR THE PURPOSES OF MEETINGS, THREE COMMISSIONERS  SHALL  CONSTI-
TUTE  A  QUORUM.  THE  AFFIRMATIVE  VOTE OF THREE COMMISSIONERS SHALL BE
REQUIRED FOR ANY ACTION OF THE FAIR ELECTIONS BOARD.
  13. THE FAIR ELECTIONS BOARD  SHALL  KEEP  ALL  INFORMATION  REGARDING
PRELIMINARY,  APPROVED  OR  COMPLETED  INVESTIGATIONS CONFIDENTIAL UNTIL
SUCH INVESTIGATIONS ARE COMPLETED, DISMISSED, SUBJECT TO A  CIVIL  COURT
FILING OR REFERRED TO A LAW ENFORCEMENT AGENCY AS PROVIDED FOR IN SUBDI-
VISION ELEVEN OF SECTION 3-104 OF THIS CHAPTER.
  14. THE FAIR ELECTIONS BOARD MAY TAKE SUCH OTHER ACTIONS AS ARE NECES-
SARY AND PROPER TO CARRY OUT THE PURPOSES OF THIS TITLE.
  S  14-218.  EXAMINATIONS  AND  AUDITS. 1. THE FAIR ELECTIONS BOARD MAY
CONDUCT A THOROUGH EXAMINATION AND PRE-ELECTION AUDIT  OF  THE  CONTRIB-
UTIONS AND QUALIFIED CAMPAIGN EXPENSES OF THE PARTICIPATING COMMITTEE OF
EVERY  PARTICIPATING CANDIDATE WHO RECEIVED PAYMENTS PURSUANT TO SECTION
14-210 OF THIS TITLE.  SUCH AUDITS SHALL BE CONDUCTED AS  FREQUENTLY  AS
THE  FAIR ELECTIONS BOARD DEEMS NECESSARY TO ENSURE COMPLIANCE WITH THIS
TITLE. THE FAIR ELECTIONS BOARD SHALL NOTIFY,  IN  WRITING,  ANY  CANDI-
DATE'S  AUTHORIZED COMMITTEE PRIOR TO THE COMMENCEMENT OF SUCH PRE-ELEC-
TION AUDIT. NO PRE-ELECTION AUDIT SHALL COMMENCE IN THE ABSENCE  OF  THE
NOTICE  REQUIREMENT  OF THIS SUBDIVISION.   EVERY CANDIDATE WHO RECEIVES
PUBLIC MATCHING FUNDS UNDER THIS TITLE SHALL ALSO BE AUDITED BY THE FAIR
ELECTIONS BOARD POST-ELECTION. THE COST OF COMPLYING WITH  A  POST-ELEC-
TION  AUDIT  SHALL  BE  BORNE BY THE CANDIDATE'S AUTHORIZED COMMITTEE. A
CANDIDATE WHO HAS RECEIVED PUBLIC MATCHING FUNDS UNDER THIS  TITLE  MUST
MAINTAIN A RESERVE OF AT LEAST ONE PERCENT OF THE TOTAL AMOUNT OF MATCH-
ING  FUNDS  RECEIVED BY SUCH CANDIDATE IN HIS OR HER CAMPAIGN ACCOUNT TO
COMPLY WITH THE POST-ELECTION AUDIT. A CANDIDATE  WHO  RUNS  IN  BOTH  A
PRIMARY  AND  A GENERAL ELECTION, MUST MAINTAIN A RESERVE OF ONE PERCENT
OF THE TOTAL AMOUNT OF PUBLIC MATCHING FUNDS RECEIVED BY SUCH  CANDIDATE
FOR  BOTH  HIS  OR HER PRIMARY AND GENERAL ELECTION. A CANDIDATE MAY USE
PUBLIC MATCHING FUNDS, PRIVATE FUNDS OR  A  COMBINATION  OF  PUBLIC  AND
PRIVATE  FUNDS  TO COMPLY WITH A POST-ELECTION AUDIT. THE FAIR ELECTIONS
BOARD SHALL ISSUE TO EACH CAMPAIGN AUDITED THE FINAL POST-ELECTION AUDIT
REPORT THAT DETAILS ITS FINDINGS AND SHALL PROVIDE  SUCH  AUDIT  TO  THE
GOVERNOR AND LEGISLATIVE LEADERS AND MAKE SUCH AUDIT REPORT AVAILABLE ON
THE  STATE  BOARD  OF  ELECTIONS'  WEBSITE.    FINAL POST-ELECTION AUDIT
REPORTS SHALL BE COMPLETED NO LATER THAN TWELVE MONTHS AFTER THE DATE OF
THE ELECTION OR ELECTIONS FOR WHICH THE CANDIDATE RECEIVED PUBLIC FUNDS.
THIS AUDIT DEADLINE SHALL NOT APPLY IN CASES INVOLVING  POTENTIAL  CAMP-

S. 4705--A                         21

AIGN-RELATED  FRAUD,  KNOWING AND WILLFUL VIOLATIONS OF ARTICLE FOURTEEN
OF THIS CHAPTER OR CRIMINAL ACTIVITY.
  2.  (A) IF THE FAIR ELECTIONS 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
ENTITLED  PURSUANT TO SECTION 14-210 OF THIS TITLE, IT SHALL NOTIFY SUCH
COMMITTEE OF THE EXCESS AMOUNT AND SUCH COMMITTEE SHALL PAY TO THE  FAIR
ELECTIONS  BOARD  AN  AMOUNT  EQUAL  TO  THE  AMOUNT OF EXCESS PAYMENTS;
PROVIDED, HOWEVER, THAT IF THE ERRONEOUS PAYMENT WAS  DUE  TO  AN  ERROR
MADE  BY  THE  FAIR  ELECTIONS BOARD, THEN THE ERRONEOUS PAYMENT WILL BE
OFFSET AGAINST ANY FUTURE PAYMENT, IF ANY. THE  PARTICIPATING  CANDIDATE
AND  HIS  OR  HER PARTICIPATING COMMITTEE SHALL BE JOINTLY AND SEVERALLY
LIABLE FOR ANY REPAYMENTS DUE TO THE FAIR ELECTIONS BOARD FOR DEPOSIT BY
SUCH BOARD INTO THE NEW YORK STATE CAMPAIGN FUND.
  (B) IF THE BOARD DETERMINES THAT ANY  AMOUNT  OF  PAYMENT  MADE  TO  A
PARTICIPATING  COMMITTEE  FROM THE FUND WAS USED FOR PURPOSES OTHER THAN
TO DEFRAY QUALIFIED CAMPAIGN EXPENSES, IT SHALL NOTIFY SUCH  PARTICIPAT-
ING  COMMITTEE OF THE AMOUNT DISQUALIFIED AND SUCH PARTICIPATING COMMIT-
TEE SHALL PAY TO THE FAIR  ELECTIONS  BOARD  AN  AMOUNT  EQUAL  TO  SUCH
DISQUALIFIED  AMOUNT.   SUCH MONIES SHALL BE DEPOSITED INTO THE NEW YORK
STATE FAIR ELECTIONS FUND CREATED PURSUANT TO  SECTION  NINETY-TWO-T  OF
THE  STATE  FINANCE  LAW.   THE CANDIDATE AND THE CANDIDATE'S AUTHORIZED
COMMITTEE SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY  REPAYMENTS  DUE
TO THE FAIR ELECTIONS BOARD.
  (C)  IF THE TOTAL OF CONTRIBUTIONS AND PAYMENTS FROM THE FUND RECEIVED
BY  ANY  PARTICIPATING  CANDIDATE  AND  SUCH  CANDIDATE'S  PARTICIPATING
COMMITTEE,  EXCEEDS THE PUBLIC FUNDING RECEIPT LIMITATION OF SUCH CANDI-
DATE AND COMMITTEE, SUCH CANDIDATE AND COMMITTEE SHALL USE  SUCH  EXCESS
FUNDS TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH COMMITTEE FROM
THE  FUND NOT LATER THAN TEN DAYS AFTER ALL PERMISSIBLE LIABILITIES HAVE
BEEN PAID AND IN ANY EVENT, NOT LATER THAN TWENTY DAYS AFTER THE DATE ON
WHICH THE FAIR ELECTIONS BOARD ISSUES ITS FINAL  AUDIT  REPORT  FOR  THE
PARTICIPATING CANDIDATE'S COMMITTEE; PROVIDED, HOWEVER, THAT ALL UNSPENT
MATCHING  FUNDS  FOR  A PARTICIPATING CANDIDATE SHALL BE IMMEDIATELY DUE
AND PAYABLE TO THE FAIR ELECTIONS BOARD FOR DEPOSIT INTO  THE  NEW  YORK
STATE  FAIR  ELECTIONS  FUND UPON ITS DETERMINATION THAT THE PARTICIPANT
WILLFULLY DELAYED  THE  POST-ELECTION  AUDIT  PROCESS.  A  PARTICIPATING
CANDIDATE  MAY  MAKE  POST-ELECTION EXPENDITURES ONLY FOR ROUTINE ACTIV-
ITIES INVOLVING NOMINAL COSTS ASSOCIATED  WITH  ENDING  A  CAMPAIGN  AND
RESPONDING TO THE POST-ELECTION AUDIT.
  3. IF A COURT OF COMPETENT JURISDICTION DISQUALIFIES A CANDIDATE WHOSE
PARTICIPATING  COMMITTEE  HAS  RECEIVED PUBLIC FUNDS ON THE GROUNDS THAT
SUCH CANDIDATE COMMITTED FRAUDULENT ACTS IN ORDER TO OBTAIN A  PLACE  ON
THE  BALLOT  AND  SUCH  DECISION IS NOT REVERSED BY A HIGHER COURT, SUCH
CANDIDATE AND SUCH CANDIDATE'S PARTICIPATING COMMITTEE SHALL PAY TO  THE
FAIR  ELECTIONS  BOARD  AN  AMOUNT  EQUAL  TO  THE TOTAL OF PUBLIC FUNDS
RECEIVED BY SUCH PARTICIPATING COMMITTEE.
  4. THE BOARD MUST PROVIDE WRITTEN NOTICE OF ALL PAYMENTS  DUE  FROM  A
PARTICIPATING  CANDIDATE  OR SUCH CANDIDATE'S COMMITTEE TO THE BOARD AND
PROVIDE AN OPPORTUNITY FOR THE CANDIDATE OR COMMITTEE TO REBUT, IN WHOLE
OR IN PART, THE ALLEGED AMOUNT DUE. UPON A FINAL  WRITTEN  DETERMINATION
BY  THE  BOARD,  THE AMOUNT DUE SHALL BE PAID TO THE BOARD WITHIN THIRTY
DAYS OF SUCH DETERMINATION.
  5. ALL PAYMENTS RECEIVED BY THE BOARD PURSUANT TO THIS  SECTION  SHALL
BE  DEPOSITED  IN  THE NEW YORK STATE FAIR ELECTIONS FUND ESTABLISHED BY
SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.

S. 4705--A                         22

  6. ANY ADVICE PROVIDED BY THE STAFF OR MEMBERS OF THE  FAIR  ELECTIONS
BOARD  TO  A  PARTICIPATING OR NON-PARTICIPATING CANDIDATE IN CONNECTION
WITH ANY ACTION UNDER THIS ARTICLE, WHEN  RELIED  UPON  IN  GOOD  FAITH,
SHALL  BE PRESUMPTIVE EVIDENCE THAT SUCH CANDIDATE OR HIS OR HER COMMIT-
TEE DID NOT KNOWINGLY AND WILLFULLY VIOLATE THE PROVISIONS OF THIS ARTI-
CLE.
  S 14-220. CIVIL ENFORCEMENT. 1. ANY PERSON OR AUTHORIZED COMMITTEE WHO
KNOWINGLY AND WILFULLY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS
OF  THIS  TITLE  SHALL  BE  SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THE
AMOUNT OF FIVE THOUSAND DOLLARS.
  2. ANY PERSON OR AUTHORIZED COMMITTEE WHO KNOWINGLY AND  INTENTIONALLY
VIOLATES ANY OTHER PROVISION OF THIS TITLE OR ANY RULE PROMULGATED HERE-
UNDER  SHALL  BE  SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THE AMOUNT OF
TEN THOUSAND DOLLARS.
  3. FINES AUTHORIZED UNDER THIS SECTION WILL BE  IMPOSED  BY  THE  FAIR
ELECTIONS  BOARD  AFTER A HEARING AT WHICH THE SUBJECT PERSON OR AUTHOR-
IZED COMMITTEE SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD.  SUCH  HEARING
SHALL  BE  HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY BE PRESCRIBED
BY THE RULES OF THE FAIR ELECTIONS BOARD.  FOR  PURPOSES  OF  CONDUCTING
SUCH  HEARINGS, THE FAIR ELECTIONS BOARD SHALL BE DEEMED TO BE AN AGENCY
WITHIN THE MEANING OF ARTICLE THREE OF THE STATE  ADMINISTRATIVE  PROCE-
DURE  ACT  AND  SHALL  ADOPT RULES GOVERNING THE CONDUCT OF ADJUDICATORY
PROCEEDINGS AND APPEALS TAKEN PURSUANT TO A PROCEEDING  COMMENCED  UNDER
ARTICLE  SEVENTY-EIGHT  OF  THE CIVIL PRACTICE LAW AND RULES RELATING TO
THE ASSESSMENT OF THE CIVIL PENALTIES HEREIN AUTHORIZED.
  4. THE FAIR ELECTIONS BOARD  SHALL  PUBLISH  ON  THE  STATE  BOARD  OF
ELECTIONS'  WEBSITE  THE  FINAL  ORDER  ADJUDICATING  ANY MATTER BROUGHT
PURSUANT TO THIS SECTION.
  5. ALL PAYMENTS RECEIVED BY THE FAIR ELECTIONS BOARD PURSUANT TO  THIS
SECTION  SHALL  BE  DEPOSITED  IN THE NEW YORK STATE FAIR ELECTIONS FUND
ESTABLISHED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  S 14-222. CRIMINAL PENALTIES. 1. ANY PERSON WHO KNOWINGLY AND WILLFUL-
LY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS OF THIS TITLE WITH-
IN TEN DAYS AFTER THE DATE PROVIDED FOR SUCH, OR ANYONE  THAT  KNOWINGLY
AND WILLFULLY VIOLATES ANY OTHER PROVISION OF THIS TITLE SHALL BE GUILTY
OF  A  MISDEMEANOR  AND,  IN  ADDITION TO SUCH OTHER PENALTIES AS MAY BE
PROVIDED BY LAW, SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT  OF
TEN THOUSAND DOLLARS.
  2. ANY PERSON WHO KNOWINGLY AND WILLFULLY CONTRIBUTES, ACCEPTS OR AIDS
OR  PARTICIPATES  IN THE CONTRIBUTION OR ACCEPTANCE OF A CONTRIBUTION IN
AN AMOUNT EXCEEDING AN APPLICABLE  MAXIMUM  SPECIFIED  IN  THIS  ARTICLE
SHALL  BE  GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A FINE NOT TO
EXCEED THE AMOUNT OF TEN THOUSAND DOLLARS.
  3. ANY PERSON WHO KNOWINGLY AND WILLFULLY MAKES A FALSE  STATEMENT  OR
KNOWINGLY  OMITS A MATERIAL FACT TO THE FAIR ELECTIONS BOARD OR AN AUDI-
TOR DESIGNATED BY THE FAIR ELECTIONS BOARD DURING  ANY  AUDIT  CONDUCTED
PURSUANT  TO  SECTION  14-218 OF THIS TITLE SHALL BE GUILTY OF A CLASS E
FELONY.
  4. IN ADDITION TO ANY OTHER SENTENCE LAWFULLY IMPOSED UPON  A  FINDING
OF  GUILT IN A CRIMINAL PROSECUTION COMMENCED PURSUANT TO THE PROVISIONS
OF THIS SECTION, THE COURT MAY ORDER A DEFENDANT TO REPAY  TO  THE  FAIR
ELECTIONS  BOARD  ANY  PUBLIC MATCHING FUNDS OBTAINED AS A RESULT OF ANY
CRIMINAL CONDUCT.
  5. ALL SUCH PROSECUTIONS FOR CRIMINAL ACTS UNDER THIS TITLE  SHALL  BE
PROSECUTED  BY  THE  ATTORNEY GENERAL OF THE STATE OF NEW YORK EXCEPT AS

S. 4705--A                         23

PROVIDED IN PARAGRAPH (B) OF SUBDIVISION ELEVEN OF SECTION 3-104 OF THIS
CHAPTER.
  6.  ANY  AND  ALL FINES IMPOSED PURSUANT TO THIS SECTION SHALL BE MADE
PAYABLE TO THE FAIR ELECTIONS BOARD FOR DEPOSIT INTO THE NEW YORK  STATE
FAIR ELECTIONS FUND.
  S  14-224.  REPORTS. THE FAIR ELECTIONS BOARD SHALL SUBMIT A REPORT TO
THE GOVERNOR AND LEGISLATIVE LEADERS ON OR BEFORE  FEBRUARY  FIRST,  TWO
THOUSAND SIXTEEN, AND EVERY FOUR YEARS THEREAFTER, WHICH SHALL INCLUDE:
  1.  A  LIST  OF  THE  PARTICIPATING AND NONPARTICIPATING CANDIDATES IN
COVERED ELECTIONS AND THE VOTES RECEIVED  BY  EACH  CANDIDATE  IN  THOSE
ELECTIONS;
  2.  THE  AMOUNT  OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES
MADE, ON BEHALF OF PARTICIPATING AND NONPARTICIPATING CANDIDATES;
  3. THE AMOUNT OF PUBLIC MATCHING FUNDS  EACH  PARTICIPATING  CANDIDATE
RECEIVED, SPENT, AND REPAID PURSUANT TO THIS ARTICLE;
  4.  ANALYSIS OF THE EFFECT OF THIS TITLE ON THE ELECTION CAMPAIGNS FOR
ALL OFFICES COVERED UNDER SECTION 14-206 OF THIS  TITLE,  INCLUDING  ITS
EFFECT  ON  THE  SOURCES  AND AMOUNTS OF PRIVATE FINANCING, THE LEVEL OF
CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE  NUMBER  OF  CANDIDATES,
THE CANDIDATES' ABILITIES TO CAMPAIGN EFFECTIVELY FOR PUBLIC OFFICE, AND
THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
  5.  RECOMMENDATIONS FOR CHANGES OR AMENDMENTS TO THIS TITLE, INCLUDING
CHARGES IN CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY AND LIMITS ON
TOTAL MATCHING FUNDS AS WELL AS INSTITUTING A  PROGRAM  OF  FULL  PUBLIC
CAMPAIGN FINANCING FOR ELECTION FOR ALL STATEWIDE OFFICES; AND
  6. ANY OTHER INFORMATION THAT THE FAIR ELECTIONS BOARD DEEMS RELEVANT.
  S  14-226.  DEBATES.  THE  FAIR ELECTIONS BOARD SHALL PROMULGATE REGU-
LATIONS TO FACILITATE DEBATES AMONG PARTICIPATING CANDIDATES.    PARTIC-
IPATING  CANDIDATES  ARE  REQUIRED TO PARTICIPATE IN AT LEAST ONE DEBATE
BEFORE THE PRIMARY ELECTION AND IN AT LEAST ONE DEBATE BEFORE THE GENER-
AL ELECTION FOR WHICH THE CANDIDATE RECEIVES PUBLIC  FUNDS,  UNLESS  THE
PARTICIPATING  CANDIDATE IS RUNNING UNOPPOSED. A NONPARTICIPATING CANDI-
DATE MAY BE A PARTY TO SUCH DEBATES.
  S 14-228. DISTRIBUTIONS FROM FAIR  ELECTIONS  FUND.  1.  THIS  SECTION
GOVERNS  THE FAIR ELECTIONS BOARD'S DISTRIBUTION  OF FUNDS FROM THE FAIR
ELECTIONS FUND CREATED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW,
EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE.
  2. NO MONEYS SHALL BE PAID TO PARTICIPATING CANDIDATES  IN  A  PRIMARY
ELECTION ANY EARLIER THAN TWO WEEKS AFTER THE LAST DAY TO FILE DESIGNAT-
ING PETITIONS FOR SUCH PRIMARY ELECTION.
  3.  NO  MONEYS  SHALL BE PAID TO PARTICIPATING CANDIDATES IN A GENERAL
ELECTION ANY EARLIER THAN A WEEK AFTER  THE  PRIMARY  ELECTION  HELD  TO
NOMINATE CANDIDATES FOR SUCH ELECTION.
  4. NO MONEYS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO HAS BEEN
DISQUALIFIED  BY THE FAIR ELECTIONS BOARD OR WHOSE DESIGNATING PETITIONS
HAVE BEEN DECLARED INVALID BY THE STATE BOARD OF ELECTIONS OR A COURT OF
COMPETENT JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED  BY  AN
APPELLATE COURT.
  5.  NO  PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDIDATE OR
SUCH A CANDIDATE'S AUTHORIZED COMMITTEE ON THE DATE  OF  SUCH  DISQUALI-
FICATION  OR  INVALIDATION  MAY  THEREAFTER  BE EXPENDED FOR ANY PURPOSE
EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE THAT DATE. ALL  EXCESS
PUBLIC  MONEYS PAID TO A DISQUALIFIED CANDIDATE SHALL BE RETURNED TO THE
FUND NOT LESS THAN THIRTY DAYS AFTER  THE  GENERAL  ELECTION  FOR  THOSE
PARTICIPATING  CANDIDATES  WHO  RECEIVED  PUBLIC  MONEYS FOR THE GENERAL
ELECTION, AND OTHERWISE, NOT LESS THAN THIRTY  DAYS  AFTER  THE  PRIMARY

S. 4705--A                         24

ELECTION  FOR  THOSE PARTICIPATING CANDIDATES WHO RECEIVED PUBLIC MONEYS
SOLELY FOR THE PRIMARY ELECTION.
  6.  (A) PARTICIPATING CANDIDATES SHALL PAY TO THE FAIR ELECTIONS BOARD
UNSPENT PUBLIC CAMPAIGN FUNDS FROM AN ELECTION  NOT  LATER  THAN  THIRTY
DAYS  AFTER  ALL LIABILITIES FOR THE ELECTION HAVE BEEN PAID AND, IN ANY
EVENT, NOT LESS THAN TWENTY DAYS AFTER THE  DATE  UPON  WHICH  THE  FAIR
ELECTIONS  BOARD  ISSUES  ITS  FINAL  AUDIT REPORT FOR THE PARTICIPATING
CANDIDATE'S  COMMITTEE;  PROVIDED,  HOWEVER,  THAT  ALL  UNSPENT  PUBLIC
CAMPAIGN  FUNDS  FOR  A PARTICIPATING CANDIDATE SHALL BE IMMEDIATELY DUE
AND PAYABLE TO THE FAIR ELECTIONS BOARD UPON ITS DETERMINATION THAT  THE
PARTICIPATING  CANDIDATE HAS, WITHOUT JUST CAUSE, DELAYED THE POST-ELEC-
TION AUDIT PROCESS. UNSPENT CAMPAIGN FUNDS DETERMINATIONS  MADE  BY  THE
FAIR  ELECTIONS  BOARD  SHALL  BE  BASED  ON THE PARTICIPATING CANDIDATE
COMMITTEE'S RECEIPTS AND EXPENDITURES. THE FAIR ELECTIONS BOARD MAY ALSO
CONSIDER ANY OTHER RELEVANT INFORMATION REVEALED IN THE  COURSE  OF  ITS
AUDITS OR INVESTIGATIONS OR THE INVESTIGATIONS BY ANY OTHER AGENCY.
  (B)(I)  A PARTICIPATING CANDIDATE MAY NOT USE RECEIPTS FOR ANY PURPOSE
OTHER THAN DISBURSEMENTS IN THE PRECEDING  ELECTION  UNTIL  ALL  UNSPENT
PUBLIC  CAMPAIGN FUNDS HAVE BEEN REPAID. A PARTICIPATING CANDIDATE SHALL
HAVE THE BURDEN OF DEMONSTRATING THAT A POST-ELECTION EXPENDITURE IS FOR
THE PRECEDING ELECTION.
  (II) BEFORE REPAYING UNSPENT PUBLIC CAMPAIGN  FUNDS,  A  PARTICIPATING
CANDIDATE  MAY  MAKE  POST-ELECTION EXPENDITURES ONLY FOR ROUTINE ACTIV-
ITIES INVOLVING NOMINAL COSTS ASSOCIATED WITH WINDING UP A CAMPAIGN  AND
RESPONDING  TO  THE  POST-ELECTION AUDIT. SUCH EXPENDITURES MAY INCLUDE:
PAYMENT OF  UTILITY  BILLS  AND  RENT;  REASONABLE  STAFF  SALARIES  AND
CONSULTANT  FEES  FOR  RESPONDING  TO  A POST-ELECTION AUDIT; REASONABLE
MOVING EXPENSES RELATED TO CLOSING A CAMPAIGN  OFFICE;  A  HOLIDAY  CARD
MAILING  TO  CONTRIBUTORS, CAMPAIGN VOLUNTEERS, AND STAFF MEMBERS; THANK
YOU NOTES FOR CONTRIBUTORS,  CAMPAIGN  VOLUNTEERS,  AND  STAFF  MEMBERS;
PAYMENT  OF  TAXES  AND  OTHER  REASONABLE  EXPENSES FOR COMPLIANCE WITH
APPLICABLE  TAX  LAWS;  AND  INTEREST  EXPENSES.  ROUTINE  POST-ELECTION
EXPENDITURES  THAT  MAY  BE  PAID FOR WITH UNSPENT CAMPAIGN FUNDS DO NOT
INCLUDE SUCH ITEMS AS POST-ELECTION MAILINGS OTHER THAN AS  SPECIFICALLY
PROVIDED  FOR  IN  THIS SUBPARAGRAPH; MAKING CONTRIBUTIONS; MAKING BONUS
PAYMENTS OR GIFTS TO STAFF MEMBERS OR VOLUNTEERS; OR HOLDING ANY POST-E-
LECTION DAY EVENT, INCLUDING, BUT NOT LIMITED TO, ANY MEAL OR ANY PARTY.
UNSPENT CAMPAIGN FUNDS MAY NOT BE USED FOR  TRANSITION  OR  INAUGURATION
ACTIVITIES.
  7.  ALL  MONIES  RECEIVED BY THE FAIR ELECTIONS BOARD PURSUANT TO THIS
SECTION SHALL BE DEPOSITED INTO THE NEW YORK STATE FAIR  ELECTIONS  FUND
PURSUANT TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  S  15.  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 14-206 OF THIS CHAPTER AND ANY QUESTION
OR ISSUE RELATING TO PAYMENTS FOR QUALIFIED CAMPAIGN EXPENDITURES PURSU-
ANT TO SECTION 14-210 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  14-210
OF  THIS CHAPTER SHALL BE INSTITUTED WITHIN SEVEN DAYS AFTER SUCH DETER-
MINATION WAS MADE. THE FAIR ELECTIONS BOARD SHALL BE MADE A PARTY TO ANY
SUCH PROCEEDING.

S. 4705--A                         25

  3. UPON THE FAIR ELECTIONS BOARD'S FAILURE TO RECEIVE THE  AMOUNT  DUE
FROM  A  PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE AFTER THE
ISSUANCE OF WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED  BY  SUBDIVI-
SION FOUR OF SECTION 14-218 OF THIS CHAPTER, SUCH BOARD IS AUTHORIZED TO
INSTITUTE  A SPECIAL PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY
COUNTY, TO OBTAIN A JUDGMENT FOR ANY AMOUNTS DETERMINED TO BE PAYABLE TO
THE FAIR ELECTIONS BOARD AS A RESULT OF AN EXAMINATION  AND  AUDIT  MADE
PURSUANT TO TITLE TWO OF ARTICLE FOURTEEN OF THIS CHAPTER.
  4.  THE  FAIR  ELECTIONS  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 FAIR
ELECTIONS BOARD PURSUANT TO SECTION 14-218 OF THIS CHAPTER.
  S 16. The election law is amended by adding a  new  section  4-115  to
read as follows:
  S  4-115. NOTICE TO THE STATE BOARD OF ELECTIONS OF CANDIDATES FOR THE
LEGISLATURE. 1. EACH BOARD OF ELECTIONS WITH WHICH PETITIONS  ARE  FILED
FOR MEMBER OF THE STATE LEGISLATURE SHALL, NOT LATER THAN ONE WEEK AFTER
THE  LAST  DAY TO FILE SUCH PETITIONS, SEND NOTICE TO THE STATE BOARD OF
ELECTIONS OF SUCH INFORMATION ABOUT EACH  SUCH  PETITION  AS  THE  STATE
BOARD SHALL REQUIRE.
  2.  EACH  SUCH COUNTY BOARD OF ELECTIONS SHALL, NOT LATER THAN THE DAY
AFTER THE LAST DAY TO FILE A PETITION OR CERTIFICATE OF NOMINATION FOR A
GENERAL OR SPECIAL ELECTION OR A CERTIFICATE OF ACCEPTANCE,  DECLINATION
OR  SUBSTITUTION FOR A GENERAL, PRIMARY OR SPECIAL ELECTION FOR ANY SUCH
OFFICE, SEND TO THE STATE BOARD OF ELECTIONS SUCH INFORMATION ABOUT EACH
SUCH PETITION OR CERTIFICATE AS THE STATE BOARD SHALL REQUIRE.
  3. IF ANY SUCH COUNTY BOARD OF ELECTIONS SHOULD  DISQUALIFY  ANY  SUCH
CANDIDATE  OR RULE THE PETITION OR CERTIFICATE DESIGNATING OR NOMINATING
ANY SUCH CANDIDATE INVALID, IT SHALL FORTHWITH NOTIFY THE STATE BOARD OF
ELECTIONS OF SUCH DECISION.
  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  17.  The  general  business  law is amended by adding a new section
359-gg to read as follows:
  S 359-GG. ADDITIONAL SURCHARGE. IN ADDITION TO ANY PENALTY  AUTHORIZED
BY  SECTION THREE HUNDRED FIFTY-NINE-G OF THIS ARTICLE OR ANY DAMAGES OR
OTHER COMPENSATION  RECOVERABLE  INCLUDING,  BUT  NOT  LIMITED  TO,  ANY
SETTLEMENT  AUTHORIZED  BY  SECTION  SIXTY-THREE OR SIXTY-THREE-C OF THE
EXECUTIVE LAW, THERE SHALL BE ASSESSED THEREON AN  ADDITIONAL  SURCHARGE
IN  THE  AMOUNT  OF  TEN  PERCENT  OF  THE TOTAL AMOUNT OF SUCH PENALTY,
DAMAGES OR SETTLEMENT. SUCH SURCHARGE SHALL BE DEPOSITED IN THE NEW YORK
STATE FAIR ELECTIONS FUND ESTABLISHED BY  SECTION  NINETY-TWO-T  OF  THE
STATE FINANCE LAW.
  S 18. The state finance law is amended by adding a new section 92-t to
read as follows:
  S  92-T. NEW YORK STATE FAIR ELECTIONS FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE CUSTODY OF THE COMMISSIONER  OF  TAXATION  AND  FINANCE  A
SPECIAL FUND TO BE KNOWN AS THE NEW YORK STATE FAIR ELECTIONS FUND.

S. 4705--A                         26

  2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE SURCHARGE
IMPOSED  PURSUANT  TO SECTION THREE HUNDRED FIFTY-NINE-GG OF THE GENERAL
BUSINESS LAW, REVENUES  RECEIVED  FROM  FAIR  ELECTIONS  FUND  CHECK-OFF
PURSUANT  TO  SECTION  SIX HUNDRED THIRTY-D OF THE TAX LAW AND ALL OTHER
MONEYS  CREDITED  OR  TRANSFERRED  THERETO FROM ANY OTHER FUND OR SOURCE
PURSUANT TO LAW. NOTHING CONTAINED IN THIS  SECTION  SHALL  PREVENT  THE
STATE  FROM RECEIVING GRANTS, GIFTS, BEQUESTS OR VOLUNTARY CONTRIBUTIONS
FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION  AND  DEPOSITING
THEM  INTO  THE  FUND ACCORDING TO LAW. MONIES IN THE FUND SHALL BE KEPT
SEPARATE FROM AND NOT COMMINGLED WITH OTHER FUNDS HELD IN THE CUSTODY OF
THE COMMISSIONER OF TAXATION AND FINANCE.
  3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO  CANDIDATES  PURSUANT
TO  TITLE  TWO  OF ARTICLE FOURTEEN OF THE ELECTION LAW. MONEYS SHALL BE
PAID OUT OF THE FUND BY THE COMMISSIONER  OF  TAXATION  AND  FINANCE  ON
VOUCHERS  CERTIFIED  OR APPROVED BY THE FAIR ELECTIONS BOARD ESTABLISHED
PURSUANT TO TITLE TWO OF ARTICLE FOURTEEN OF THE ELECTION  LAW,  OR  THE
DULY  DESIGNATED  REPRESENTATIVE OF SUCH BOARD, IN THE MANNER PRESCRIBED
BY LAW, NOT MORE THAN ONE WORKING DAY AFTER A  VOUCHER  DULY  CERTIFIED,
APPROVED  AND  EXECUTED  BY SUCH BOARD OR ITS REPRESENTATIVE IN THE FORM
PRESCRIBED BY THE COMMISSIONER OF TAXATION AND FINANCE  IS  RECEIVED  BY
THE COMMISSIONER OF TAXATION AND FINANCE.
  4.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, IF, IN ANY
STATE FISCAL YEAR, THE STATE FAIR ELECTIONS FUND  LACKS  THE  AMOUNT  OF
MONEY  TO  PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES AND CERTIFIED
OR APPROVED BY THE FAIR ELECTIONS BOARD, ANY SUCH  DEFICIENCY  SHALL  BE
PAID, UPON AUDIT AND WARRANT OF THE STATE COMPTROLLER, FROM FUNDS DEPOS-
ITED  IN  THE  GENERAL  FUND  OF THE STATE NOT MORE THAN ONE WORKING DAY
AFTER SUCH VOUCHER IS RECEIVED BY THE STATE COMPTROLLER.
  5. COMMENCING IN TWO THOUSAND SIXTEEN, IF THE SURPLUS IN THE  FUND  ON
APRIL  FIRST  OF  THE  YEAR  AFTER AN ELECTION CYCLE EXCEEDS TWENTY-FIVE
PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER THE PREVIOUS FOUR YEARS,
THE EXCESS SHALL REVERT TO THE GENERAL FUND OF THE STATE.
  6. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN  A
PRIMARY  ELECTION ANY EARLIER THAN THE DAY THAT SUCH CANDIDATE IS CERTI-
FIED AS BEING ON THE BALLOT FOR SUCH PRIMARY ELECTION.
  7. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN  A
GENERAL  ELECTION  ANY EARLIER THAN THE DAY AFTER THE DAY OF THE PRIMARY
ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
  8. NO PUBLIC FUNDS SHALL BE PAID TO ANY  PARTICIPATING  CANDIDATE  WHO
HAS  BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN DECLARED
INVALID BY THE APPROPRIATE BOARD OF ELECTIONS OR A  COURT  OF  COMPETENT
JURISDICTION  UNTIL  AND  UNLESS  SUCH  FINDING  IS REVERSED BY A HIGHER
AUTHORITY. NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH  A  CANDI-
DATE  OR  SUCH  CANDIDATE'S  PARTICIPATING COMMITTEE ON THE DATE OF SUCH
DISQUALIFICATION OR INVALIDATION MAY  THEREAFTER  BE  EXPENDED  FOR  ANY
PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE. ALL
SUCH MONEYS SHALL BE REPAID TO THE FUND.
  S  19. The tax law is amended by adding a new section 630-d to read as
follows:
  S 630-D. CONTRIBUTION TO NEW YORK STATE FAIR ELECTIONS FUND.    EFFEC-
TIVE  FOR  ANY  TAXABLE  YEAR  COMMENCING ON OR AFTER JANUARY FIRST, TWO
THOUSAND THIRTEEN, AN INDIVIDUAL  IN  ANY  TAXABLE  YEAR  MAY  ELECT  TO
CONTRIBUTE  TO THE NEW YORK STATE FAIR ELECTIONS FUND. SUCH CONTRIBUTION
SHALL BE IN THE AMOUNT OF FIVE DOLLARS AND SHALL NOT REDUCE  THE  AMOUNT
OF  STATE  TAX  OWED  BY SUCH INDIVIDUAL. THE COMMISSIONER SHALL INCLUDE

S. 4705--A                         27

SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE  A  TAXPAYER  TO  MAKE
SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW ALL REVEN-
UES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE NEW YORK
STATE FAIR ELECTIONS FUND AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN
SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  S  20.  Severability. If any clause, sentence, subdivision, paragraph,
section or part of title 2 of article 14 of the election law,  as  added
by  section  thirteen  of this act be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not  affect,  impair  or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, subdivision, paragraph, section or part thereof
directly  involved  in the controversy in which such judgment shall have
been rendered.
  S 21. This act  shall  take  effect  immediately;  provided,  however,
candidates  for state comptroller will be eligible to participate in the
public financing system beginning with  the  2014  election,  all  state
legislature  candidates  will  be  eligible to participate in the public
financing system beginning with the 2016 election and all  state  candi-
dates  and  constitutional  convention  delegates  will  be  eligible to
participate in the public  financing  system  beginning  with  the  2018
election.

Co-Sponsors

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S4705B - Bill Details

Current Committee:
Law Section:
Election Law
Laws Affected:
Amd El L, generally; add §359-gg, Gen Bus L; add §92-t, St Fin L; add §630-d, Tax L
Versions Introduced in 2011-2012 Legislative Session:
A9885D

S4705B - Bill Texts

view summary

Enacts the "2014 fair elections act"; relates to providing for optional partial public financing of certain election campaigns in this state; relates to identification of the source of certain political contributions.

view sponsor memo
BILL NUMBER:S4705B

TITLE OF BILL: An act to amend the election law, in relation to
enacting the "2014 Fair Elections Act"; to amend the election law, the
state finance law and the tax law, in relation to providing for
optional partial public financing of certain election campaigns in
this state; and to amend the general business law, in relation to
additional surcharges

SUBJECT AND PURPOSE:

To provide optional public financing of campaigns for statewide and
state legislative offices and constitutional convention delegates as
well as to provide for more disclosure of independent expenditures and
tougher enforcement of campaign finance laws.

SUMMARY AND DESCRIPTION OF PROVISIONS:

This bill concerns two integral issues of campaign finance reform in
New York State: optional public financing of certain elections and
enhanced disclosure of independent expenditures in elections.

The bill adds a new Title II to Article 14 to provide for public
financing of Primary and general election campaigns for statewide
office, primary, general and special election campaigns for state
legislative office and primary and general election campaigns for
constitutional convention delegates.

In addition, the bill defines for the first time in New York law
"independent expenditures" and "express advocacy" to allow for greater
disclosure of outside money in campaigns for public office.

The bill further establishes an enforcement counsel in the new fair
elections board ;within the state board of elections) who will be
responsible for all campaign finance enforcement and investigation.

OPTIONAL PUBLIC FINANCING OF ELECTIONS:

CRITERIA FOR PARTICIPATION:

To be eligible for public financing, a candidate for nomination or
election to a statewide office, state legislative office or as a
constitutional convention delegate must satisfy the legal requirements
for having his or her name on the ballot, elect to participate in the
public financing system, meet the threshold for eligibility and agree
to file required statements and authorize a single participating
committee.

ELIGIBILITY THRESHOLD:

Governor: Must collect not less than $650,000 from at least 6,500
matchable contributions made up of sums of up to $250 per individual
contributor who resides in New York State.

Lt. Governor (primary only), Attorney Gen. & Comptroller: Must collect
not less than $200,000 from at least 2,000 matchable contributions


made up of sums of up to $250 per individual contributor who resides
in New York State.

Senate: Must collect not less than $20,000 from at least 200 matchable
contributions made up of sums of up to $250 per individual contributor
who resides in New York State including at least $10,000 from at least
100 individual contributors who reside in the senate district, or in
any part of any county in the Senate district, in which the seat is to
be filled.

Assembly: Must collect not less than $10,000 from at least 100
matchable contributions made up of sums of up to $250 per individual
contributor who resides in New York State including at least $5,000
from at least 50 individual contributors who reside in the assembly
district, or in any part of any county in the Assembly district, in
which the seat is to be filled.

At-large Delegate to a Constitutional Convention: Must collect not
less than $20,000 from at least 200 matchable contributions made an of
sums of up to $250 per individual contributor who resides in New York
State.

District Delegate to a Constitutional Convention: Must collect not
less than $5,000 from at least 50 matchable contributions made up of
sums of up to $250 per individual contributor who resides in the
district, or any part of any county in the district, in which the seat
is to be filled.

MATCHABLE CONTRIBUTIONS:

Matchable contributions may be collected after January first of the
year of the primary or general-election. For a special election, may
be collected up to six months before the election. Consist of the net
amount of contributions after deduction of the value of any food,
drink or entertainment provided in exchange for the contribution.
Only contributions from persons who reside in New York State are
matchable.

THE MATCH:

Eligible contributions up to $250 are matched at the rate of $6 for
every $1.

MISC. RULES:

To receive public funds for a primary election, a participating
candidate must agree to receive public funding for the general
election.

Participating candidates who are unopposed in a primary election may
not receive public funds. Participating candidates are deemed
unopposed unless there is at least one other candidate, as defined by
§ 14-100(7) of the election law, in the race for the same office.

Participating candidates that are unopposed may raise private funds of
up to 50% of the expenditure limit if there is a contest in the


primary for at least one other party for such office. Such funds may
only be raised with contributions of up to $2000 per contributor.

Candidates who are challenged in a primary and who do not seek public
funds are not eligible for public funds for the general election.

Candidates who are unopposed in a general or special election may not
receive public funds.

PERMISSIBLE AND PROHIBITED USES OF PUBLIC FUNDS:

Public funds may be used only for qualified campaign expenditures
during the year of the primary or general election. For a special
election, such funds may only be used in the 3 months prior to the
election. They may not be used for expenditures in violation of law,
for payments to a candidate or to a relative of the candidate (or to
any business entity of which such a person is an officer or employee
or has a ten percent or greater ownership interest) in excess of the
fair market value for services rendered, for payments in excess of
fair market value, for any expenditure after the candidate or the
candidate's only remaining opponent has been disqualified (until and
unless reversed), to challenge an opponent's petitions or
certificates, for non-campaign related food, drink or entertainment,
or for gifts. Public funds may not be given as a campaign contribution
or a transfer.

CONTRIBUTION LIMIT:

All candidates who choose to participate in the public financing
system have a contribution limit of $2,000 per contributor.

PUBLIC FUNDS RECEIPT LIMITS:

The following limits on public funds apply to all candidates who
participate in the public financing system:

General Election Primary

Governor $12,000,000 $9,000,000
Lt. Governor ------ $6,000,000
Attorney General $ 8,000,000 Same as Lt. Governor &
Comptroller
State Senator $ 400,000 $350,000
Member of Assembly $ 200,000 $150,000
At-Large Delegate $ 350,000 $ 75,000
District Delegate $ 75,000 $ 50,000

NOTE: A participating candidate may raise unlimited amounts of private
money subject to the $2,000 per contributor limitation.

PARTY EXPENDITURES IN SUPPORT OF PARTICIPATING CANDIDATES:

Notwithstanding the expenditure limits for participating candidates, a
state party committee may make the following expenditures for services
to participating candidates the party has nominated:


Gov. and Lt. Gov. $2,500,000 Att. Gen or Comp. $1,000,000 Senate
$100,000 State Assembly $50,000 At-large Delegate $50,000 District
Delegate $10,000

* Transfers to a participating candidate may constitute up to 25% of
such party expenditures.

ENFORCEMENT:

Enforcement of the new Title II as well as all other campaign finance
matters under article 14 will be handled by a newly created fair
elections board which will sit within the state board of elections.

The fair elections board will be comprised of five members. The
members of the board will be appointed as follows: one by the Governor
and one by each of the four legislative leaders.

The fair elections board will appoint an enforcement counsel who will
oversee and enforce all campaign finance laws, rules and regulations
on behalf of the fair elections board. The new enforcement counsel
will conduct investigations pursuant to article 14 of the election
law.

All actions, rules and regulations issued by the fair elections board
are subject to review at the discretion of the state board of
elections.

DEBATES:

Participating candidates are required to participate in at least one
debate before the primary election and in at least one debate before
the General election for which the candidate receives public funds,
unless The participating candidate is running unopposed. A
non-participating candidate may be a party to such debates.

SOURCES OF FUNDING:

The bill provides for three separate sources of funding for the public
financing regime:

1) The bill provides an income tax check-off of $5. Such monies would
be paid into a separate fund, known as the New York State Fair
elections fund. The taxpayers' tax liability would not be affected by
making this designation.

2) In addition, the bill imposes an additional 10% surcharge on
recoveries for fraudulent practices relating to stocks, bonds, other
securities as well as all other recoveries having to do with fraud by
the Attorney General.

3) If the state fair elections fund lacks the money to pay all
properly certified claims, the deficiency will be paid from the
general fund.

PENALTIES: CIVIL:


* The failure to make proper campaign finance filings, as required by
Title II and rules and regulations promulgated thereunder, shall
subject the offender to a civil penalty of up to $5000.

* Any person or authorized committee who knowingly and willfully
violates any other Provision of Title II or any regulations
promulgated thereunder shall subject the offender to a civil penalty
of up to $10,000.

CRIMINAL:

*All prosecutions under Title II for criminal acts shall be prosecuted
by the Attorney General.

*The failure to make proper campaign finance filings, as required by
Title II within 10 days or anyone that willfully violates any other
provision of this title shall be guilty of a misdemeanor, and in
addition to such other penalties as may be provided by law, shall be
subject to a fine not to exceed the amount of $10,000.

*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 shall be
guilty of a misdemeanor and shall be subject to a fine not to exceed
the amount of $10,000.

*Any person who knowingly and willfully makes a false statement or
knowingly omits a material fact to the fair election board or an
auditor designated by the fair elections board during any audit
conducted pursuant to new section 14-214 of the Election Law shall be
guilty of a class E felony.

*In addition to any other sentence lawfully imposed upon a finding of
guilt in a criminal prosecution commenced under the provisions of this
bill, a court may order a defendant to repay to the fair elections
board any public matching funds obtained as a result of any criminal
conduct.

CAMPAIGN FINANCE DISCLOSURE:

The bill adds a new subdivision 12 to § 14-100 and a new § 14-107 of
the Election Law to define "express advocacy" and "independent
expenditure", respectively.

The new definition of "express advocacy" captures, and subjects to
full disclosure under the Election Law, those entities that are
engaged in express advocacy activity which has heretofore not been
captured by the statute.

The new definition of "independent expenditure" expands the definition
of this term as recently adopted by the New York State Board of
Elections in its regulations. This new definition states that
independent expenditures also include references to "clearly
identified candidates" as set forth in the definition of "express
advocacy."


Communications between bona fide membership organizations and their
members as well as corporations and their shareholders are not
considered independent expenditure rules or campaign contributions
under this bill.

In addition, this bill defines "electioneering communications" as a
communication, to a general public audience (also defined in the bill)
which refers to a clearly identified candidate and is broadcast or
published within 60 days of a general election or 30 days of a primary
election.

This bill states that all independent expenditures costing more than
$1,000 shall clearly state the name of the person or organization
behind it and that such expenditure is not authorized by any candidate
or his or her agents. Such independent expenditures shall be reported
to the state board of elections.

Further, this bill requires than independent spenders who are entities
must disclose all contributions from other entities and all
contributions over $1,000 from individuals. The bill also includes
reporting exemptions for those contributions to independent spenders
which are explicitly earmarked for non-electoral purposes.

This bill also requires disclosure for "bundlers". Bundlers are those
individuals or organizations who aggregate a number of contributions
from others and deliver them to a candidate or a candidate's
authorized committee.

LEGISLATIVE HISTORY:

A9885--D of 2012 & A8902--A of 2009.

JUSTIFICATION:

This public financing bill provides a comprehensive yet balanced
approach to the public financing of political campaigns. It contains
significant but realistic limitations on expenditures and contribution
receipts, a means for recovering public funds when they are unspent,
excessive or used for prohibited purposes, and penalties for
violations of the filing requirements or the expenditure limitations
for participants.

The "matching grant" structure of the program has several advantages.
It will reduce the amount of time a candidate must spend raising
money, leaving more time to address the issues that are important to
the public. The matching component allows for participation by private
citizens throughout the campaign while also conserving resources by
ensuring that only candidates who can show substantial voter support
and face opposition will be eligible to receive public funds.

Overall, the bill strikes a balance that allows challengers and
incumbents to compete fairly while capping the amount of public funds
that will be expended.

FISCAL IMPLICATIONS:


In 2014, there could be costs associated with participating candidates
seeking election to the office of state comptroller. There would be no
cost in 2013. In 2016, there could be costs associated with
participating candidates seeking election to state legislative office.
In 2018, there could be costs associated with participating candidates
seeking election to a statewide office or as a constitutional
delegate. Other states that have public financing systems in place
have had very low participation rates at first with increasing
participation in later elections. The long term cost of the system in
New York is unknown.

EFFECTIVE DATE:

This act takes effect immediately; provided, however, that candidates
for state comptroller will be eligible to participate in the public
financing system beginning with the 2014 election, state legislative
candidates will be eligible to participate in 2016 and all statewide
candidates and constitutional delegates will be eligible to
participate in 2018.

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

                                 4705--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 18, 2013
                               ___________

Introduced by Sens. STEWART-COUSINS, GIANARIS, ADDABBO, AVELLA, BRESLIN,
  DILAN, ESPAILLAT, GIPSON, HOYLMAN, KENNEDY, KRUEGER, LATIMER, PERALTA,
  PERKINS,  RIVERA,  SERRANO,  SQUADRON, STAVISKY, TKACZYK -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Elections -- committee discharged, bill amended, ordered  reprinted
  as  amended  and  recommitted  to said committee -- recommitted to the
  Committee on Elections in accordance with Senate Rule  6,  sec.  8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the election law, in relation to enacting the "2014 Fair
  Elections Act"; to amend the election law, the state finance  law  and
  the  tax  law,  in  relation  to providing for optional partial public
  financing of certain election campaigns in this state;  and  to  amend
  the general business law, in relation to additional surcharges

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

  Section 1. Short title.  This act shall be known and may be  cited  as
the "2014 Fair Elections Act".
  S  2.  Legislative findings and declarations. The legislature declares
that is in the public interest to create and ensure a  truly  democratic
political  system  in  which  citizens,  irrespective  of  their income,
status, or financial connections, are enabled and encouraged to  compete
for  public  office.  The  legislature  further  declares that large and
unregulated independent expenditures  deliberately  distort  issues  and
facts   thereby  giving  their  financial  backers  undue  influence  in
elections. Therefore, the legislature finds it necessary to establish  a
system  of public financing for all qualified candidates for state elec-
tive offices and constitutional convention  delegates.  The  legislature
further finds that a new system of public financing would be best admin-
istered  by  a new "fair elections board" empowered with effective over-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02247-32-4

S. 4705--B                          2

sight and enforcement capabilities dedicated to working with and assist-
ing candidates excel in the public financing system.
  S  3.  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 FAIR ELECTIONS BOARD ENFORCEMENT
COUNSEL,  ESTABLISHED  PURSUANT  TO SUBDIVISION SIX OF SECTION 14-216 OF
THIS CHAPTER, AS IT MAY DEEM NECESSARY, AFTER THE FAIR  ELECTIONS  BOARD
HAS  CONSIDERED  THE  MATTER  OR  MATTERS IN QUESTION; SHALL CONDUCT ANY
INVESTIGATION NECESSARY TO ENFORCE THE PROVISIONS OF ARTICLE FOURTEEN OF
THIS CHAPTER ON BEHALF OF THE BOARD OF ELECTIONS.
  (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 FAIR ELECTIONS BOARD
ENFORCEMENT COUNSEL REGARDING THE ENFORCEMENT OF VIOLATIONS  OF  ARTICLE
FOURTEEN  OF  THIS  CHAPTER,  AS  IT  MAY DEEM NECESSARY, AFTER THE FAIR
ELECTIONS BOARD HAS CONSIDERED THE MATTER OR MATTERS IN QUESTION;
  18. THE STATE BOARD OF ELECTIONS SHALL,  AS  IT  MAY  DEEM  NECESSARY,
ACCEPT,  MODIFY  OR  REJECT  ANY  ACTION  OR  ACTIONS  TAKEN BY THE FAIR
ELECTIONS BOARD PURSUANT TO SUCH FAIR ELECTIONS BOARD'S AUTHORITY  UNDER
SUBDIVISION  FOURTEEN  OF SECTION 3-104 AND SECTIONS 3-111 AND 14-216 OF
THIS CHAPTER.
  19. perform such other acts as may  be  necessary  to  carry  out  the
purposes of this chapter.
  S 4.  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  FAIR  ELECTIONS  BOARD
ENFORCEMENT  COUNSEL;  enforcement powers.  1. (A) THERE SHALL BE A UNIT
KNOWN AS THE FAIR ELECTIONS ENFORCEMENT UNIT ESTABLISHED WITHIN THE FAIR
ELECTIONS BOARD.  THE HEAD OF SUCH UNIT SHALL BE THE  ENFORCEMENT  COUN-
SEL.
  (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.  (A) 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  REQUIRED  BY  ARTICLE FOURTEEN OF THIS CHAPTER SOLELY

S. 4705--B                          3

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 political committee
supporting his OR HER candidacy if the complainant is a candidate or, if
the complaint was made by an officer or member of a political 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.]
  (B) The state board of elections AND  THE  FAIR  ELECTIONS  BOARD  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
direct  the  appropriate  other  board  of  elections  to  commence such
proceeding.
  5.] 3. IF THE ENFORCEMENT  COUNSEL  DETERMINES  THAT  A  VIOLATION  OF
SUBDIVISION  ONE  OF SECTION 14-126 OR SUBDIVISION ONE OF SECTION 14-220
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 ALLEGING
ANY OTHER VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER, THE ENFORCEMENT
COUNSEL SHALL ANALYZE THE COMPLAINT TO  DETERMINE  IF  AN  INVESTIGATION
SHOULD  BE  UNDERTAKEN.  THE  ENFORCEMENT  COUNSEL  SHALL, IF NECESSARY,
REQUEST ADDITIONAL INFORMATION FROM THE COMPLAINANT TO ASSIST SUCH COUN-
SEL 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, IF
TRUE, WOULD NOT CONSTITUTE A VIOLATION OF ARTICLE FOURTEEN OF THIS CHAP-
TER OR THAT THE ALLEGATIONS ARE NOT SUPPORTED BY CREDIBLE  EVIDENCE,  HE
OR SHE 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 NOTIFY THE FAIR ELECTIONS BOARD OF (A) HIS OR HER INTENT TO
RESOLVE  THE MATTER EXTRA-JUDICIALLY DUE TO THE DE MINIMUS NATURE OF THE
VIOLATION; OR (B) HIS OR HER INTENT TO  COMMENCE  AN  INVESTIGATION,  NO
LATER  THAN THE FAIR ELECTIONS 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.
  7. IF, UPON CONSIDERING THE ENFORCEMENT COUNSEL'S NOTICE OF INTENT  TO
COMMENCE  AN  INVESTIGATION,  THE FAIR ELECTIONS BOARD BELIEVES THAT THE
ALLEGATIONS, IF TRUE, WOULD NOT CONSTITUTE A VIOLATION OF ARTICLE  FOUR-

S. 4705--B                          4

TEEN  OF  THIS CHAPTER, 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  INVES-
TIGATION.   IN DETERMINING WHETHER THE EQUITIES FAVOR A DISMISSAL OF THE
COMPLAINT,  THE  FAIR  ELECTIONS  BOARD  SHALL  CONSIDER  THE  FOLLOWING
FACTORS:  (A)  WHETHER  THE  COMPLAINT ALLEGES A DE MINIMUS 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 FAIR ELECTIONS  BOARD  TO  DISMISS  A
COMPLAINT  AND  NOT  PROCEED  WITH A FORMAL INVESTIGATION SHALL BE VOTED
UPON AS PROVIDED IN SUBDIVISION TWELVE OF SECTION 14-216 OF THIS CHAPTER
AT AN OPEN MEETING PURSUANT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW,
AND SHALL BE MADE ON A FAIR AND EQUITABLE BASIS AND  WITHOUT  REGARD  TO
THE STATUS OF THE SUBJECT OF THE COMPLAINT.
  8.  ABSENT  A TIMELY DETERMINATION BY THE FAIR ELECTIONS BOARD 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,
UPON APPROVAL OF THE FAIR ELECTIONS BOARD, SUCH ADDITIONAL  POWERS  FROM
THE  STATE BOARD OF ELECTIONS. SUCH POWERS SHALL BE GRANTED BY THE BOARD
IN PUBLIC, AS PROVIDED IN SUBDIVISION FOUR  OF  SECTION  3-100  OF  THIS
TITLE, 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 FAIR ELECTIONS BOARD 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,
14-220 OR 14-222 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 OR THE ATTORNEY GENERAL PURSUANT TO SUBDIVISION ELEVEN OF  THIS
SECTION  BECAUSE REASONABLE CAUSE EXISTS TO BELIEVE A VIOLATION WARRANT-
ING CRIMINAL PROSECUTION HAS TAKEN PLACE.
  10. THE FAIR ELECTIONS  BOARD  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 MINIMUS
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 TWELVE OF SECTION 14-216 OF THIS CHAPTER 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 FAIR ELECTIONS BOARD DETERMINES, AS PROVIDED IN SUBDI-
VISION TEN OF THIS SECTION, THAT SUBSTANTIAL REASON  EXISTS  TO  BELIEVE
THAT  A  PERSON,  ACTING  AS  OR  ON  BEHALF OF A CANDIDATE OR POLITICAL
COMMITTEE UNDER CIRCUMSTANCES EVINCING AN INTENT TO  VIOLATE  SUCH  LAW,

S. 4705--B                          5

HAS UNLAWFULLY ACCEPTED A CONTRIBUTION IN EXCESS OF A CONTRIBUTION LIMI-
TATION  ESTABLISHED  IN  ARTICLE  FOURTEEN  OF THIS CHAPTER, WHICH COULD
WARRANT A CIVIL PENALTY AS PROVIDED FOR IN SUBDIVISION THREE OF  SECTION
14-126  OR  SUBDIVISION TWO OF SECTION 14-222 OF THIS CHAPTER, THE BOARD
SHALL DIRECT THE COMMENCEMENT OF A SPECIAL  PROCEEDING  IN  THE  SUPREME
COURT PURSUANT TO SECTION 16-122 OF THIS CHAPTER.
  (B) IF THE FAIR ELECTIONS BOARD DETERMINES, AS PROVIDED IN SUBDIVISION
TEN  OF THIS SECTION THAT REASONABLE CAUSE EXISTS TO BELIEVE A VIOLATION
OF TITLE ONE OF ARTICLE FOURTEEN OF  THIS  CHAPTER  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.
WHERE REASONABLE CAUSE EXISTS TO BELIEVE THAT A CANDIDATE FOR THE OFFICE
OF ATTORNEY GENERAL HAS VIOLATED TITLE TWO OF ARTICLE FOURTEEN  OF  THIS
CHAPTER,  THE  BOARD  SHALL REFER THE MATTER TO THE DISTRICT ATTORNEY OF
THE APPROPRIATE COUNTY.
  (C) IF THE FAIR ELECTIONS BOARD DETERMINES, AS PROVIDED IN SUBDIVISION
TEN OF THIS SECTION THAT REASONABLE CAUSE EXISTS TO BELIEVE A  VIOLATION
OF  TITLE  TWO  OF ARTICLE FOURTEEN OF THIS CHAPTER, WARRANTING CRIMINAL
PROSECUTION HAS TAKEN PLACE, THE BOARD  SHALL,  EXCEPT  AS  PROVIDED  IN
PARAGRAPH  (B)  OF  THIS  SUBDIVISION,  REFER THE MATTER TO THE ATTORNEY
GENERAL AND SHALL MAKE AVAILABLE TO  THE  SAME  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 FAIR ELECTIONS BOARD, PURSUANT TO SECTION  16-114
OF  THIS  CHAPTER, THE FAIR ELECTIONS BOARD SHALL DIRECT THE ENFORCEMENT
COUNSEL TO INVESTIGATE THE ALLEGED VIOLATIONS UNLESS OTHERWISE  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: (I) THE NUMBER OF  COMPLAINTS  RECEIVED;  (II)  THE  NUMBER  OF
COMPLAINTS  THAT WERE FOUND TO NEED INVESTIGATION AND THE NATURE OF EACH
COMPLAINT; AND (III) THE NUMBER OF MATTERS THAT HAVE BEEN RESOLVED.  THE
REPORT SHALL NOT CONTAIN ANY INFORMATION FOR  WHICH  DISCLOSURE  IS  NOT
PERMITTED.
  14.  THE  FAIR  ELECTIONS  BOARD  MAY PROMULGATE RULES AND REGULATIONS
CONSISTENT WITH LAW TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
  S 5. The state of New York shall appropriate during each  fiscal  year
to  the  New  York state fair elections board 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.    Notwithstanding  section  fifty-one  of  the state
finance law, such funding shall not be decreased by interchange with any
other appropriation.
  S 6. The election law is amended by adding a new section 3-111 to read
as follows:
  S 3-111. PERSONAL USE OF CAMPAIGN FUNDS. UPON WRITTEN REQUEST FROM ANY
PERSON WHO IS SUBJECT TO THE REQUIREMENTS  OF  SECTION  14-130  OF  THIS
CHAPTER,  THE  FAIR  ELECTIONS BOARD SHALL RENDER FORMAL OPINIONS ON THE
REQUIREMENTS OF SAID PROVISION. AN OPINION RENDERED BY THE BOARD,  UNTIL
AND  UNLESS  AMENDED  OR  REVOKED,  SHALL BE BINDING ON THE BOARD IN ANY
SUBSEQUENT PROCEEDING CONCERNING THE PERSON WHO  REQUESTED  THE  OPINION
AND  WHO  ACTED  IN  GOOD  FAITH,  UNLESS MATERIAL FACTS WERE OMITTED OR
MISSTATED BY THE PERSON IN THE REQUEST FOR AN OPINION. SUCH OPINION  MAY
ALSO  BE  RELIED UPON BY SUCH PERSON, AND MAY BE INTRODUCED AND SHALL BE

S. 4705--B                          6

DEFENSE IN ANY CRIMINAL OR CIVIL ACTION. SUCH REQUEST SHALL BE CONFIDEN-
TIAL, BUT THE BOARD SHALL PUBLISH SUCH OPINIONS PROVIDED THAT  THE  NAME
OF  THE  REQUESTING  PERSON  AND  OTHER IDENTIFYING DETAILS SHALL NOT BE
INCLUDED IN THE PUBLICATION.
  S 7. Subdivision 9 of section 14-100 of the election law is amended by
adding two new paragraphs 4 and 5 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 PER CANDIDATE
WHO VOLUNTEERS FOR: TRANSPORTATION OF VOLUNTEERS TO  AND  FROM  CAMPAIGN
ACTIVITIES;  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.
  (5)  EXPENDITURES  FOR COMMUNICATIONS TO MEMBERS OR SHAREHOLDERS OF AN
ORGANIZATION FOR THE PURPOSE OF SUPPORTING OR OPPOSING A CANDIDATE OR  A
BALLOT  MEASURE  ARE  NOT  CONTRIBUTIONS OR EXPENDITURES, PROVIDED THOSE
EXPENDITURES ARE NOT MADE TO A GENERAL PUBLIC AUDIENCE.
  S 8. Section 14-100 of the election law is amended by adding five  new
subdivisions 12, 13, 14, 15 and 16 to read as follows:
  12. "EXPRESS ADVOCACY" MEANS A COMMUNICATION:
  (1)  THAT CONTAINS EXPRESS WORDS SUCH AS VOTE, OPPOSE, SUPPORT, ELECT,
DEFEAT, OR REJECT, WHICH CALL FOR THE ELECTION OR DEFEAT OF A CANDIDATE,
OR
  (2) WHEN TAKEN AS A WHOLE WITH LIMITED REFERENCE TO  EXTERNAL  EVENTS,
SUCH  AS  THE  PROXIMITY TO THE ELECTION, COULD ONLY BE INTERPRETED BY A
REASONABLE PERSON AS CONTAINING ADVOCACY OF THE ELECTION  OR  DEFEAT  OF
ONE OR MORE CLEARLY IDENTIFIED CANDIDATES BECAUSE:
  (A)  THE ELECTORAL PORTION OF THE COMMUNICATION IS UNMISTAKABLE, UNAM-
BIGUOUS, AND SUGGESTIVE OF ONLY ONE MEANING; AND
  (B) REASONABLE MINDS COULD NOT DIFFER  AS  TO  WHETHER  IT  ENCOURAGES
ACTIONS  TO ELECT OR DEFEAT ONE OR MORE CLEARLY IDENTIFIED CANDIDATES OR
ENCOURAGES SOME OTHER KIND OF ACTION.
  13. "CLEARLY IDENTIFIED CANDIDATE" MEANS THAT:
  (A) THE NAME OF THE CANDIDATE INVOLVED APPEARS;
  (B) A PHOTOGRAPH OR DRAWING OF THE CANDIDATE APPEARS; OR
  (C) THE IDENTITY OF THE CANDIDATE IS APPARENT  BY  UNAMBIGUOUS  REFER-
ENCE.
  14. "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 SHAREHOLDERS AND EXEC-
UTIVES OF A BUSINESS ENTITY.
  15. "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 ARTICLE,
EACH LOCAL, STATEWIDE, NATIONAL AND INTERNATIONAL LABOR ORGANIZATION AND
EACH NATIONAL, STATE, AREA AND LABOR CENTRAL LABOR BODY  RECEIVING  DUES
FROM  AFFILIATED  LABOR  ORGANIZATIONS,  SHALL  BE CONSIDERED A SEPARATE
LABOR ORGANIZATION.

S. 4705--B                          7

  16. "INTERMEDIARY"  MEANS  AN  INDIVIDUAL,  CORPORATION,  PARTNERSHIP,
POLITICAL  COMMITTEE,  LABOR  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 9. 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  [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,  and if the transferor,
contributor, INTERMEDIARY, 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
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 DELIVERING THE CONTRIBUTION,  UNLESS
THE  EXPENSES  OF SUCH EVENT AT SUCH RESIDENCE 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 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] TITLE.
  S 9-a. 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 next succeeding a primary,  general
or  special  election  shall  be accompanied by a copy of all broadcast,
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 PUBLISHED TO FIVE HUNDRED OR MORE
MEMBERS OF A GENERAL PUBLIC AUDIENCE BY  COMPUTER  OR  OTHER  ELECTRONIC
DEVICE  INCLUDING,  BUT NOT LIMITED TO, ELECTRONIC MAIL OR TEXT MESSAGE,

S. 4705--B                          8

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  10.  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
ARTICLE:
  (A)  "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE IN SUPPORT OR
OPPOSITION OF A CANDIDATE: 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 COMMUNICATIONS CONVEYED TO FIVE HUNDRED OR MORE MEMBERS OF  A
GENERAL  PUBLIC  AUDIENCE BY PHONE, COMPUTER OR OTHER ELECTRONIC DEVICES
THAT:
  (I) EXPRESSLY ADVOCATES FOR THE ELECTION OR DEFEAT OF A CLEARLY  IDEN-
TIFIED CANDIDATE; AND
  (II)  THAT  THE CANDIDATE OR HIS OR HER AGENTS OR AUTHORIZED POLITICAL
COMMITTEE OR COMMITTEES DID NOT AUTHORIZE, REQUEST, SUGGEST,  FOSTER  OR
COOPERATE WITH IN ANY WAY.
  (B)  "INDEPENDENT SPENDER" MEANS AN INDIVIDUAL OR ENTITY THAT MAKES AN
INDEPENDENT EXPENDITURE OR ELECTIONEERING COMMUNICATION.
  (C) "ELECTIONEERING COMMUNICATION" MEANS:
  (I) AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC  AUDIENCE  VIA
BROADCAST, CABLE OR SATELLITE, OR A COMMUNICATION MADE BY PAID ADVERTIS-
ING  THAT  IS  PUBLISHED ON THE INTERNET OR IN A NEWSPAPER OR PERIODICAL
DISTRIBUTED TO A GENERAL PUBLIC AUDIENCE, OR  A  COMMUNICATION  TO  FIVE
HUNDRED  OR MORE MEMBERS OF A GENERAL PUBLIC AUDIENCE BY PHONE, COMPUTER
OR OTHER ELECTRONIC DEVICES,
  (II) WHICH IS BROADCAST OR PUBLISHED WITHIN SIXTY DAYS  OF  A  GENERAL
ELECTION OR THIRTY DAYS OF A PRIMARY ELECTION,
  (III)  WHICH  REFERS  TO  A  CLEARLY  IDENTIFIED  CANDIDATE  OR BALLOT
PROPOSAL, AND
  (IV) SUCH  CANDIDATE,  THE  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.
  (D)  INDEPENDENT EXPENDITURES AND ELECTIONEERING COMMUNICATIONS 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.
  (E) FOR PURPOSES OF THIS SECTION, THE TERM "PERSON" SHALL MEAN PERSON,
GROUP OF PERSONS, ENTITY, ORGANIZATION OR ASSOCIATION.
  2.  WHENEVER  ANY  PERSON MAKES AN INDEPENDENT EXPENDITURE OR ELECTIO-
NEERING COMMUNICATION THAT COSTS MORE THAN ONE THOUSAND DOLLARS  IN  THE
AGGREGATE, SUCH COMMUNICATION SHALL CLEARLY STATE THE NAME OF THE PERSON
WHO  PAID  FOR, OR OTHERWISE PUBLISHED OR DISTRIBUTED, THE COMMUNICATION

S. 4705--B                          9

AND 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  COMMUNICATION,
WHICHEVER IS GREATER, IN A SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY
THE FAIR ELECTIONS BOARD.
  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 ON STATEMENTS AS PROVIDED
FOR 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, ADDRESS, AND IF A NATURAL PERSON, OCCUPATION AND EMPLOY-
ER OF THE PERSON MAKING THE STATEMENT;
  (B) THE NAME, ADDRESS, AND IF A NATURAL PERSON, OCCUPATION AND EMPLOY-
ER  OF  THE  PERSON MAKING THE INDEPENDENT EXPENDITURE OR ELECTIONEERING
COMMUNICATION;
  (C) IF THE INDEPENDENT SPENDER MAKES INDEPENDENT EXPENDITURES OR ELEC-
TIONEERING COMMUNICATIONS USING EXCLUSIVELY FUNDS IN A  SEGREGATED  BANK
ACCOUNT  CONSISTING  OF FUNDS THAT WERE PAID DIRECTLY TO SUCH ACCOUNT BY
PERSONS OTHER THAN THE INDEPENDENT SPENDER THAT  CONTROLS  THE  ACCOUNT,
FOR EACH SUCH PAYMENT TO THE ACCOUNT:
  (I) THE NAME, ADDRESS, AND IF A NATURAL PERSON, OCCUPATION AND EMPLOY-
ER OF EACH PERSON WHO MADE SUCH PAYMENT DURING THE PERIOD COVERED BY THE
STATEMENT;
  (II) THE DATE AND AMOUNT OF SUCH PAYMENT; AND
  (III)  THE  AGGREGATE  AMOUNT  OF ALL SUCH PAYMENTS MADE BY THE PERSON
AFTER JANUARY FIRST OF THE  YEAR  IN  WHICH  THE  PRIMARY,  GENERAL,  OR
SPECIAL  ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT; BUT ONLY IF SUCH
PAYMENT WAS MADE BY A PERSON WHO MADE PAYMENTS  TO  THE  ACCOUNT  IN  AN
AGGREGATE  AMOUNT OF ONE THOUSAND DOLLARS OR MORE AFTER JANUARY FIRST OF
THE YEAR IN WHICH THE PRIMARY, GENERAL, OR SPECIAL ELECTION IS HELD  FOR
THE PUBLIC OFFICE SOUGHT.
  (D) IF THE INDEPENDENT SPENDER MAKES INDEPENDENT EXPENDITURES OR ELEC-
TIONEERING  COMMUNICATIONS  USING FUNDS OTHER THAN FUNDS IN A SEGREGATED
BANK ACCOUNT DESCRIBED IN PARAGRAPH (E) OF THIS  SUBDIVISION,  FOR  EACH
PAYMENT TO THE INDEPENDENT SPENDER:
  (I) THE NAME, ADDRESS, AND IF A NATURAL PERSON, OCCUPATION AND EMPLOY-
ER OF EACH PERSON WHO MADE SUCH PAYMENT DURING THE PERIOD COVERED BY THE
STATEMENT;
  (II) THE DATE AND AMOUNT OF SUCH PAYMENT; AND
  (III)  THE  AGGREGATE  AMOUNT  OF ALL SUCH PAYMENTS MADE BY THE PERSON
AFTER JANUARY FIRST OF THE  YEAR  IN  WHICH  THE  PRIMARY,  GENERAL,  OR
SPECIAL  ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT; BUT ONLY IF SUCH
PAYMENT WAS MADE BY A PERSON WHO MADE PAYMENTS TO THE INDEPENDENT SPEND-
ER IN AN AGGREGATE AMOUNT OF ONE THOUSAND DOLLARS OR MORE AFTER  JANUARY
FIRST  OF THE YEAR IN WHICH THE PRIMARY, GENERAL, OR SPECIAL ELECTION IS
HELD FOR THE PUBLIC OFFICE SOUGHT.
  (E) THE DOLLAR AMOUNT PAID FOR EACH INDEPENDENT EXPENDITURE OR ELECTI-
ONEERING COMMUNICATION, THE NAME AND ADDRESS OF  THE  PERSON  OR  ENTITY

S. 4705--B                         10

RECEIVING  THE  PAYMENT, THE DATE THE PAYMENT WAS MADE AND A DESCRIPTION
OF THE INDEPENDENT EXPENDITURE OR ELECTIONEERING COMMUNICATION; AND
  (F)  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 INDEPENDENT
EXPENDITURES OR ELECTIONEERING COMMUNICATIONS OF ONE HUNDRED DOLLARS  OR
MORE  AGGREGATING  FIVE  THOUSAND  DOLLARS  OR MORE IN THE TWELVE MONTHS
PRECEDING THE ELECTION FOR  COMMUNICATIONS  THAT  REFER  TO  ANY  SINGLE
CANDIDATE, IT IS REQUIRED TO REPORT:
  (I)  ALL  CONTRIBUTIONS FROM OTHER ENTITIES SINCE THE FIRST DAY OF THE
CALENDAR YEAR PRECEDING THE YEAR OF THE ELECTION; AND
  (II) ALL  CONTRIBUTIONS  AGGREGATING  ONE  THOUSAND  DOLLARS  OR  MORE
ACCEPTED  FROM  AN  INDIVIDUAL  DURING  THE  TWELVE MONTHS PRECEDING THE
ELECTION.
  (B) EACH CONTRIBUTION SHALL BE DISCLOSED IN THE  REPORTING  PERIOD  IN
WHICH  IT  WAS  RECEIVED. FOR EACH CONTRIBUTION, 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; AND
  (III) THE DATE OF RECEIPT AND AMOUNT OF EACH SUCH CONTRIBUTIONS.
  (C) EXEMPTION FOR  EARMARKED  CONTRIBUTIONS.  CONTRIBUTIONS  THAT  ARE
EARMARKED  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 BOARD TO
VERIFY THEIR QUALIFICATIONS 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 FAIR ELECTIONS BOARD SHALL PROMULGATE REGULATIONS WITH RESPECT
TO THE STATEMENTS REQUIRED TO BE FILED BY THIS SECTION AND SHALL PROVIDE
FORMS SUITABLE FOR SUCH STATEMENTS.
  S 11. Section 14-110 of the election law, as amended by chapter 46  of
the laws of 1984, is amended to read as follows:
  S  14-110.  Place  for  filing  statements.  The places for filing the
statements required by this article shall be determined by rule or regu-
lation of the state board of  elections;  provided,  however,  that  the
statements  of a candidate for election to the office of governor, lieu-
tenant governor, attorney general, comptroller, member of  the  legisla-
ture,  delegate  to  a constitutional convention, justice of the supreme
court or for nomination for any such office at a primary election and of
any committee aiding or taking  part  in  the  designation,  nomination,
election  or  defeat  of  candidates  for one or more of such offices or
promoting the success or defeat of a question to  be  voted  on  by  the
voters  of  the  entire  state  shall  be  filed with the state board of

S. 4705--B                         11

elections and in such other places as the state board of elections  may,
by  rule  or  regulation  provide.    UPON  FILING,  THE  STATE BOARD OF
ELECTIONS SHALL MAKE ALL STATEMENTS FILED  THEREWITH  READILY  AVAILABLE
AND ACCESSIBLE TO THE FAIR ELECTIONS BOARD.
  S 12. Section 14-112 of the election law, as amended by chapter 930 of
the laws of 1981, is amended to read as follows:
  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 13. Sections 14-100, 14-102, 14-104, 14-106, 14-107, 14-108, 14-110,
14-112, 14-114, 14-116, 14-118, 14-120, 14-122, 14-124, 14-126,  14-127,
14-128  and  14-130 of the election law are designated title 1 and a new
title heading is added to read as follows:
                    RECEIPTS AND EXPENDITURES; GENERAL
  S 14. Section 14-116 of the election law, subdivision  1  as  redesig-
nated  by  chapter 9 of the laws of 1978 and subdivision 2 as amended by
chapter 260 of the laws of 1981, is amended to read as follows:
  S 14-116. Political contributions by certain  organizations.  1.    No
corporation,  LIMITED LIABILITY COMPANY or joint-stock association doing
business in this state, except [a corporation or association] AN  ENTITY
organized  or  maintained for political purposes only, shall directly or
indirectly pay or use or offer, consent or agree to pay or use any money
or property for or in aid of any political party, committee or organiza-
tion, or for, or in aid of, any corporation, LIMITED LIABILITY  COMPANY,
joint-stock  or  other association organized or maintained for political
purposes, or for, or in aid of, any candidate for  political  office  or
for  nomination  for such office, or for any political purpose whatever,
or for the reimbursement or indemnification of any person for moneys  or
property so used. Any officer, director, stock-holder, attorney or agent
of any corporation, LIMITED LIABILITY COMPANY or joint-stock association
which  violates  any of the provisions of this section, who participates
in, aids, abets or advises or consents to any such violations,  and  any
person  who  solicits  or  knowingly  receives  any money or property in
violation of this section, shall be guilty of a misdemeanor.
  2. Notwithstanding the provisions of subdivision one of this  section,
any  corporation or an organization financially supported in whole or in
part, by such corporation, AND ANY LIMITED LIABILITY  COMPANY  may  make
expenditures,  including contributions, not otherwise prohibited by law,
for political purposes, in an amount not to exceed five thousand dollars
in the aggregate in any calendar year; provided that no  public  utility
shall  use revenues received from the rendition of public service within
the state for contributions for political purposes unless such  cost  is
charged to the shareholders of such a public service corporation.
  S  15. Subdivision 3 of section 14-124 of the election law, as amended
by chapter 71 of the laws of 1988, is amended to read as follows:
  3. The contribution and receipt limits of this article shall not apply
to monies received and expenditures made by a party committee or consti-
tuted committee to maintain a permanent headquarters and staff and carry
on ordinary activities which are not for the express purpose of  promot-
ing  the  candidacy  of  specific  candidates.  PROVIDED  THAT THE FUNDS
DESCRIBED IN THIS SUBDIVISION SHALL  BE  PROHIBITED  FROM  BEING  TRANS-

S. 4705--B                         12

FERRED. PROVIDED FURTHER, THAT EXPENDITURES MADE BY A PARTY COMMITTEE OR
CONSTITUTED  COMMITTEE  FOR A POLITICAL COMMUNICATION IN ACCORDANCE WITH
THE PROVISIONS OF THIS SUBDIVISION SHALL NOT INCLUDE THE NAME,  LIKENESS
OR VOICE OF ANY CANDIDATE OR ELECTED OFFICIAL.
  S 16. Title 1 of article 14 of the election law is amended by adding a
new section 14-132 to read as follows:
  S  14-132.  USE  OF CONTRIBUTIONS IN VIOLATION OF FEDERAL POSTAL REGU-
LATIONS PROHIBITED. NO PARTY OR CONSTITUTED  COMMITTEE  WHICH  HAS  BEEN
DESIGNATED  AS A NOT-FOR-PROFIT ORGANIZATION BY THE UNITED STATES INTER-
NAL REVENUE SERVICE SHALL  MAKE  EXPENDITURES,  OF  DIRECT  OR  INDIRECT
CONTRIBUTIONS  OR  TRANSFERS RECEIVED BY SUCH COMMITTEE, IN VIOLATION OF
UNITED STATES POSTAL SERVICE REGULATIONS.
  S 17. 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. APPLICABILITY OF TITLE.
        14-202. DEFINITIONS.
        14-204. REPORTING REQUIREMENTS.
        14-206. ELIGIBILITY.
        14-208. QUALIFIED CAMPAIGN EXPENDITURES.
        14-210. OPTIONAL PUBLIC FINANCING.
        14-212. CONTRIBUTION AND RECEIPT LIMITATIONS.
        14-214. LIMITATIONS ON THE RECEIPT OF PUBLIC FUNDS.
        14-216. FAIR ELECTIONS BOARD; GENERAL POWERS AND DUTIES.
        14-218. EXAMINATIONS AND AUDITS.
        14-220. CIVIL ENFORCEMENT.
        14-222. CRIMINAL PENALTIES.
        14-224. REPORTS.
        14-226. DEBATES.
        14-228. DISTRIBUTIONS FROM FAIR ELECTIONS FUND.
  S 14-200. APPLICABILITY OF TITLE. THIS TITLE SHALL ONLY APPLY TO THOSE
CANDIDATES  WHO  ELECT  TO  PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING
SYSTEM.
  S 14-202. DEFINITIONS. AS USED IN THIS TITLE, UNLESS  ANOTHER  MEANING
IS CLEARLY INDICATED:
  1.  THE TERM "BOARD" OR "FAIR ELECTIONS BOARD" MEANS THE BOARD CREATED
BY SECTION 14-216 OF THIS TITLE TO ADMINISTER THE FAIR ELECTIONS FUND.
  2. THE TERM "ELIGIBLE CANDIDATE" SHALL MEAN A CANDIDATE FOR NOMINATION
OR ELECTION TO ANY OF THE  OFFICES  OF  GOVERNOR,  LIEUTENANT  GOVERNOR,
COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE STATE LEGISLATURE, AT-LARGE
DELEGATE  TO  A  CONSTITUTIONAL  CONVENTION  OR  DISTRICT  DELEGATE TO A
CONSTITUTIONAL CONVENTION.
  3. THE TERM "PARTICIPATING COMMITTEE" SHALL MEAN A  SINGLE  AUTHORIZED
POLITICAL  COMMITTEE  WHICH  A CANDIDATE CERTIFIES IS THE COMMITTEE THAT
WILL SOLELY BE USED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM ESTAB-
LISHED BY THIS TITLE AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMA-
RY, GENERAL OR SPECIAL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT.  A
MULTI-CANDIDATE COMMITTEE MAY NOT BE A PARTICIPATING COMMITTEE.
  4. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN A  CANDIDATE  WHO  IS
ELIGIBLE  TO  PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEM ESTAB-
LISHED BY THIS TITLE, HAS MET THE  THRESHOLD  FOR  ELIGIBILITY  AND  HAS
ELECTED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM.
  5.  THE  TERM  "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR
ANY OFFICE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING UNDER THIS TITLE FOR A

S. 4705--B                         13

COVERED ELECTION WHO FAILS TO FILE A STATEMENT IN THE FORM OF AN AFFIDA-
VIT PURSUANT TO SECTION 14-210 OF THIS TITLE.
  6.  THE  TERM "MATCHABLE CONTRIBUTIONS" SHALL MEAN THAT PORTION OF THE
AGGREGATE CONTRIBUTIONS MADE (A) IN THE CASE OF  A  PRIMARY  OR  GENERAL
ELECTION, AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY OR GENER-
AL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT OR (B) IN THE CASE OF A
SPECIAL  ELECTION, WITHIN SIX MONTHS OF SUCH ELECTION BY NATURAL PERSONS
RESIDENT IN THE STATE OF NEW YORK  TO  A  CANDIDATE  FOR  NOMINATION  OR
ELECTION  TO  ANY OF THE OFFICES COVERED BY THE PROVISIONS OF THIS TITLE
WHICH DO NOT EXCEED TWO HUNDRED FIFTY DOLLARS, WHICH HAVE BEEN  REPORTED
IN FULL BY THE CANDIDATE'S PARTICIPATING COMMITTEE TO THE FAIR ELECTIONS
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:
  (A) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;
  (B) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR  AN  ITEM
WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
  (C) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR OR OTHER-
WISE INDUCED BY A CHANCE TO PARTICIPATE IN A RAFFLE, LOTTERY, OR SIMILAR
DRAWING FOR VALUABLE PRIZES;
  (D)  MONEY  ORDER  CONTRIBUTIONS FROM ANY ONE CONTRIBUTOR THAT ARE, IN
THE AGGREGATE, GREATER THAN ONE HUNDRED DOLLARS;
  (E) CONTRIBUTIONS FROM INDIVIDUALS UNDER THE AGE OF EIGHTEEN YEARS;
  (F) 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
CANDIDATE'S  CERTIFICATION,  UNLESS  SUCH  EXPENDITURE IS REIMBURSING AN
ADVANCE.
  (G) ALL CONTRIBUTIONS RECEIVED  BETWEEN  THE  DAY  AFTER  THE  GENERAL
ELECTION  IN WHICH THE PARTICIPATING CANDIDATE IS SEEKING OFFICE AND THE
THIRTY-FIRST DAY OF DECEMBER OF THE YEAR BEFORE THE YEAR  IN  WHICH  THE
NEXT GENERAL ELECTION IS TO BE HELD, INCLUSIVELY.
  7. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE
FOR WHICH PUBLIC FUNDS MAY BE USED.
  8.  THE  TERM "FUND" SHALL MEAN THE NEW YORK STATE FAIR ELECTIONS FUND
CREATED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  9. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF TOTAL
MATCHABLE CONTRIBUTIONS THAT THE PARTICIPATING COMMITTEE OF AN OTHERWISE
ELIGIBLE CANDIDATE MUST RECEIVE, AS REQUIRED BY SECTION 14-206  OF  THIS
TITLE,  IN  ORDER  TO  QUALIFY FOR OPTIONAL PUBLIC FINANCING PURSUANT TO
THIS TITLE.
  10. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS IN SUBDIVI-
SION NINE OF SECTION 14-100 OF THIS ARTICLE.
  11. THE TERM "ELECTION CYCLE" SHALL MEAN THE TWO YEAR PERIOD  STARTING
THE  DAY  AFTER  THE  LAST GENERAL ELECTION FOR CANDIDATES FOR THE STATE
LEGISLATURE AND SHALL MEAN THE FOUR YEAR PERIOD STARTING AFTER  THE  DAY
AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR STATEWIDE OFFICE.
  S  14-204.  REPORTING  REQUIREMENTS.  1. EVERY PARTICIPATING CANDIDATE
SHALL NOT DESIGNATE MORE THAN ONE AUTHORIZED COMMITTEE. BEFORE RECEIVING
ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR A COVERED ELECTION,  EACH
PARTICIPATING  CANDIDATE SHALL NOTIFY THE FAIR ELECTIONS BOARD AS TO THE
EXISTENCE OF HIS OR HER AUTHORIZED COMMITTEE THAT  HAS  BEEN  DESIGNATED
AND  APPROVED  BY  SUCH CANDIDATE. EACH SUCH AUTHORIZED COMMITTEE SHALL,
BEFORE OPENING A COMMITTEE BANK ACCOUNT, RECEIVING ANY  CONTRIBUTION  OR
MAKING ANY EXPENDITURE FOR A COVERED ELECTION:
  (A) DESIGNATE A TREASURER; AND

S. 4705--B                         14

  (B)  OBTAIN  A  TAX  IDENTIFICATION  NUMBER  FROM THE INTERNAL REVENUE
SERVICE.
  2.  DISCLOSURE. (A) EVERY PARTICIPATING CANDIDATE SHALL FILE FINANCIAL
DISCLOSURE REPORTS WITH THE STATE BOARD  OF  ELECTIONS  AS  REQUIRED  BY
TITLE  ONE OF THIS ARTICLE. COPIES OF SUCH REPORTS SHALL ALSO BE SUBMIT-
TED TO THE FAIR ELECTIONS BOARD CREATED PURSUANT TO THIS ARTICLE AT  THE
SAME TIME SUCH REPORTS ARE FILED WITH THE STATE BOARD OF ELECTIONS.
  (B) THE FAIR ELECTIONS BOARD SHALL REVIEW EACH DISCLOSURE REPORT FILED
WITH  THE STATE BOARD OF ELECTIONS PURSUANT TO TITLE ONE OF THIS ARTICLE
AND SHALL  INFORM  PARTICIPATING  CANDIDATES  AND  POLITICAL  COMMITTEES
INCLUDING  THE  AUTHORIZED  COMMITTEE,  OF  RELEVANT  QUESTIONS THE FAIR
ELECTIONS BOARD HAS CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS OF THIS
TITLE AND OF THE RULES ISSUED BY THE  FAIR  ELECTIONS  BOARD;  AND  (II)
QUALIFICATION  FOR  RECEIVING  PUBLIC  MATCHING  FUNDS  PURSUANT TO THIS
TITLE. IN THE COURSE OF SUCH REVIEW, THE FAIR ELECTIONS BOARD SHALL GIVE
CANDIDATES AND POLITICAL COMMITTEES INCLUDING THE AUTHORIZED  COMMITTEE,
AN  OPPORTUNITY  TO RESPOND TO AND CORRECT POTENTIAL VIOLATIONS AND GIVE
CANDIDATES AN OPPORTUNITY TO ADDRESS QUESTIONS THE BOARD HAS  CONCERNING
THEIR MATCHABLE CONTRIBUTION CLAIMS OR OTHER ISSUES CONCERNING ELIGIBIL-
ITY  FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. NOTHING
IN THIS PARAGRAPH SHALL PRECLUDE THE BOARD FROM  SUBSEQUENTLY  REVIEWING
SUCH  A  DISCLOSURE REPORT AND TAKING ANY ACTION OTHERWISE AUTHORIZED BY
THIS TITLE.
  (C) ONLY ITEMIZED CONTRIBUTIONS CONTAINED IN REPORTS  FILED  WITH  THE
FAIR  ELECTIONS  BOARD  SHALL BE ELIGIBLE FOR MATCHING FUNDS PURSUANT TO
THIS TITLE.
  S 14-206. 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  FAIR  ELECTIONS  BOARD  ANY
EVIDENCE  IT  MAY  REASONABLY  REQUEST  RELATING  TO HIS OR HER CAMPAIGN
EXPENDITURES OR CONTRIBUTIONS AND FURNISH SUCH OTHER PROOF OF COMPLIANCE
WITH THIS TITLE AS MAY BE REQUESTED BY THE BOARD;
  (E) HAVE A SINGLE AUTHORIZED  POLITICAL  COMMITTEE  WHICH  HE  OR  SHE
CERTIFIES AS THE PARTICIPATING COMMITTEE FOR THE PURPOSES OF THIS TITLE;
  (F)  AGREE TO IDENTIFY ACCURATELY IN ALL CAMPAIGN MATERIALS THE PERSON
OR ENTITY THAT PAID FOR SUCH CAMPAIGN MATERIAL; AND
  (G) FOR ANY CANDIDATE ELECTING TO PARTICIPATE IN THE  OPTIONAL  PUBLIC
FINANCING  SYSTEM  IN  THE  YEAR IN WHICH SUCH OPTIONAL PUBLIC FINANCING
SYSTEM IS FIRST EFFECTIVE, FOR THE COVERED OFFICE BEING SOUGHT  BY  SUCH
CANDIDATE,  AND,  IN  EACH SUBSEQUENT YEAR, THOSE CANDIDATES WHO DID NOT
ELECT TO PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEM IN THE YEAR
IMMEDIATELY PRECEDING THE CURRENT YEAR, AGREE NOT TO EXPEND FOR CAMPAIGN
PURPOSES ANY PORTION OF ANY PRE-EXISTING FUNDS  RAISED  FOR  ANY  PUBLIC
OFFICE OR PARTY POSITION PRIOR TO THE DATE OF ELECTING TO PARTICIPATE IN
THE PUBLIC FINANCING SYSTEM AS SET FORTH IN PARAGRAPH (C) OF THIS SUBDI-

S. 4705--B                         15

VISION.    NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO LIMIT, IN ANY
WAY, ANY CANDIDATE OR PUBLIC OFFICIAL  FROM  EXPENDING  ANY  PORTION  OF
PRE-EXISTING  CAMPAIGN  FUNDS  FOR  ANY  LAWFUL PURPOSE OTHER THAN THOSE
RELATED TO HIS OR HER CAMPAIGN.
  (H)  AGREE  NOT  TO  ACCEPT  CONTRIBUTIONS IN EXCESS OF THE LIMITS SET
FORTH IN SECTION 14-212 OF THIS ARTICLE FROM THE TIME HE OR  SHE  ELECTS
TO  PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEM, AS SET FORTH BY
PARAGRAPH (C) OF THIS SECTION, THROUGH THE THIRTY-FIRST DAY OF  DECEMBER
OF  THE YEAR BEFORE THE YEAR IN WHICH THE NEXT GENERAL ELECTION IS TO BE
HELD.
  2. THE THRESHOLD FOR ELIGIBILITY FOR PUBLIC FUNDING FOR CANDIDATES  IN
A  PRIMARY,  GENERAL OR SPECIAL ELECTION FOR THE FOLLOWING OFFICES SHALL
BE:
  (A) GOVERNOR IN A PRIMARY OR  GENERAL  ELECTION.  NOT  LESS  THAN  SIX
HUNDRED  FIFTY  THOUSAND DOLLARS FROM AT LEAST SIX THOUSAND FIVE HUNDRED
MATCHABLE CONTRIBUTIONS MADE UP OF SUMS  OF  UP  TO  TWO  HUNDRED  FIFTY
DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
  (B)  LIEUTENANT  GOVERNOR  IN  A  PRIMARY  ELECTION AND COMPTROLLER OR
ATTORNEY GENERAL IN A PRIMARY OR GENERAL ELECTION.   NOT LESS  THAN  TWO
HUNDRED  THOUSAND  DOLLARS FROM AT LEAST TWO THOUSAND MATCHABLE CONTRIB-
UTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY DOLLARS PER INDIVIDUAL
CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
  (C) MEMBERS OF THE STATE SENATE  IN  A  PRIMARY,  GENERAL  OR  SPECIAL
ELECTION.  NOT  LESS  THAN  TWENTY  THOUSAND  DOLLARS  FROM AT LEAST TWO
HUNDRED MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF  UP  TO  TWO  HUNDRED
FIFTY  DOLLARS  PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE
INCLUDING AT LEAST TEN THOUSAND DOLLARS FROM AT LEAST ONE HUNDRED  INDI-
VIDUAL  CONTRIBUTORS  WHO RESIDE IN THE SENATE DISTRICT OR RESIDE IN ANY
PORTION OF ANY COUNTY WHICH CONSTITUTES ANY MEASURE OF THE  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  OR RESIDE IN ANY PORTION OF ANY COUNTY WHICH CONSTI-
TUTES ANY MEASURE OF THE DISTRICT IN WHICH THE SEAT IS TO BE FILLED.
  (E) AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION IN A  PRIMARY  OR
GENERAL  ELECTION.  NOT  LESS THAN TWENTY THOUSAND DOLLARS FROM AT LEAST
TWO HUNDRED MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED
FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
  (F) DISTRICT DELEGATE TO A CONSTITUTIONAL CONVENTION IN A  PRIMARY  OR
GENERAL  ELECTION.  NOT  LESS  THAN  FIVE THOUSAND DOLLARS FROM AT LEAST
FIFTY MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY
DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN THE DISTRICT OR IN THE
CONSTITUENT COUNTY OR RESIDES IN ANY PORTION OF ANY COUNTY WHICH CONSTI-
TUTES ANY MEASURE OF THE DISTRICT IN WHICH THE SEAT IS TO BE FILLED.
  3. IN ORDER TO BE ELIGIBLE  TO  RECEIVE  PUBLIC  FUNDS  IN  A  PRIMARY
ELECTION  A  CANDIDATE MUST AGREE, THAT IN THE EVENT SUCH CANDIDATE IS A
CANDIDATE FOR SUCH OFFICE IN THE GENERAL ELECTION  IN  SUCH  YEAR,  THAT
SUCH CANDIDATE WILL BE BOUND BY THE PROVISIONS OF THIS TITLE, INCLUDING,
BUT NOT LIMITED TO, THE PUBLIC FUNDS RECEIPT LIMITS OF THIS TITLE.
  4.  CANDIDATES  WHO ARE CONTESTED IN A PRIMARY ELECTION AND WHO DO NOT
SEEK PUBLIC FUNDS SHALL NOT BE ELIGIBLE FOR PUBLIC FUNDS FOR THE GENERAL
ELECTION IN THAT YEAR. THE PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT
APPLY TO CANDIDATES FOR THE OFFICE OF LIEUTENANT GOVERNOR.

S. 4705--B                         16

  5. CANDIDATES WHO ARE UNOPPOSED IN A GENERAL OR SPECIAL ELECTION SHALL
NOT BE ELIGIBLE TO RECEIVE PUBLIC FUNDS.
  6.  NO  CANDIDATE  FOR  ELECTION TO AN OFFICE IN A PRIMARY, GENERAL OR
SPECIAL ELECTION WHO HAS ELECTED TO PARTICIPATE IN THE PUBLIC  FINANCING
SYSTEM  SHALL BE DEEMED OPPOSED AND RECEIVE PUBLIC FUNDS UNLESS THERE IS
AT LEAST ONE OTHER CANDIDATE, AS DEFINED BY SUBDIVISION SEVEN OF SECTION
14-100 OF THIS TITLE FOR SUCH OFFICE IN SUCH ELECTION.
  S 14-208. 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 ELECTION CYCLE  OR,
IN  THE  CASE  OF A SPECIAL ELECTION, FOR EXPENDITURES DURING THE PERIOD
COMMENCING THREE MONTHS BEFORE AND ENDING ONE MONTH AFTER  SUCH  SPECIAL
ELECTION.
  2. SUCH PUBLIC FUNDS MAY NOT BE USED FOR:
  (A)  AN EXPENDITURE IN VIOLATION OF ANY LAW OF THE UNITED STATES OR OF
THIS STATE;
  (B) PAYMENTS OR ANYTHING OF VALUE GIVEN OR MADE TO  THE  CANDIDATE,  A
RELATIVE  OF  THE  CANDIDATE,  OR TO A BUSINESS ENTITY IN WHICH ANY SUCH
PERSON HAS A TEN PERCENT OR GREATER OWNERSHIP INTEREST OR OF  WHICH  ANY
SUCH  PERSON  IS  AN OFFICER, DIRECTOR OR EMPLOYEE IN EXCESS OF THE FAIR
MARKET VALUE OF SUCH 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
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;
  (G) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS, OR OTHER PRINTED CAMPAIGN
MATERIALS; AND
  (H) CONTRIBUTIONS OR TRANSFERS TO A POLITICAL COMMITTEE.
  S 14-210. 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  FAIR  ELECTIONS  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-

S. 4705--B                         17

ABLE CONTRIBUTIONS OBTAINED AND REPORTED TO THE FAIR ELECTIONS BOARD  IN
ACCORDANCE  WITH  THE  PROVISIONS OF THIS TITLE, PROVIDED, HOWEVER, SUCH
PUBLIC FUNDS SHALL ONLY BE USED FOR QUALIFIED CAMPAIGN EXPENDITURES.
  3.  (A) NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS
UNOPPOSED IN A PRIMARY ELECTION SHALL BE ENTITLED TO  PAYMENT  FROM  THE
FUND FOR QUALIFIED CAMPAIGN EXPENDITURES.
  (B)  WHERE THERE IS A CONTEST IN SUCH PRIMARY FOR THE NOMINATION OF AT
LEAST ONE OTHER PARTY FOR SUCH OFFICE, THE PARTICIPATING COMMITTEE OF AN
UNOPPOSED PARTICIPATING CANDIDATE FOR NOMINATION MAY RAISE AND SPEND  AN
AMOUNT EQUAL TO ONE-HALF THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE,
AS  FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
FUNDS, WITH CONTRIBUTIONS OF UP TO TWO THOUSAND DOLLARS PER CONTRIBUTOR.
SUCH PAYMENT CAN ONLY BE EXPENDED FOR PROPERTY, SERVICES  OR  FACILITIES
USED ON OR BEFORE THE DATE OF SUCH PRIMARY ELECTION.
  4.  THE  FAIR  ELECTIONS  BOARD  SHALL PROMPTLY EXAMINE ALL REPORTS OF
CONTRIBUTIONS TO  DETERMINE  WHETHER,  ON  THEIR  FACE,  THEY  MEET  THE
REQUIREMENTS  FOR  MATCHABLE  CONTRIBUTIONS,  AND SHALL KEEP A RECORD OF
SUCH CONTRIBUTIONS.
  5. THE FAIR ELECTIONS  BOARD  SHALL  PROMULGATE  REGULATIONS  FOR  THE
CERTIFICATION  OF  THE  AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER, FROM
THE FUND ESTABLISHED PURSUANT  TO  SECTION  NINETY-TWO-T  OF  THE  STATE
FINANCE  LAW, TO A PARTICIPATING CANDIDATE THAT HAS QUALIFIED TO RECEIVE
SUCH PAYMENT. THESE  REGULATIONS  SHALL  INCLUDE  THE  PROMULGATION  AND
DISTRIBUTION  OF FORMS ON WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO BE
REPORTED, THE PERIODS DURING WHICH SUCH REPORTS MUST BE  FILED  AND  THE
VERIFICATION  REQUIRED.  THE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL
MAKE POSSIBLE PAYMENT BY THE FUND WITHIN TWO BUSINESS DAYS AFTER RECEIPT
OF THE REQUIRED FORMS AND VERIFICATIONS.
  S 14-212. CONTRIBUTION AND RECEIPT LIMITATIONS. 1.   IN  ANY  PRIMARY,
SPECIAL  OR GENERAL ELECTION FOR ANY STATEWIDE OFFICE, STATE LEGISLATIVE
OFFICE OR CONSTITUTIONAL CONVENTION DELEGATE NO CONTRIBUTOR MAY  MAKE  A
CONTRIBUTION  TO ANY PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S PARTIC-
IPATING COMMITTEE,  AND  NO  PARTICIPATING  CANDIDATE  OR  PARTICIPATING
COMMITTEE MAY ACCEPT ANY CONTRIBUTION FROM ANY CONTRIBUTOR WHICH, IN THE
AGGREGATE AMOUNT, IS GREATER THAN TWO THOUSAND DOLLARS.
  2.  (A) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE
AS FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT  PUBLIC
FUNDS,  A PARTICIPATING CANDIDATE FOR GOVERNOR OR LIEUTENANT GOVERNOR IN
A PRIMARY OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING  COMMIT-
TEE  MAY  ACCEPT  FROM A STATE CONSTITUTED COMMITTEE WHICH HAS NOMINATED
SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE,  DOES  NOT
EXCEED  TWO  MILLION  FIVE  HUNDRED THOUSAND DOLLARS; PROVIDED, HOWEVER,
THAT TWENTY-FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A
TRANSFER.
  (B) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE  AS
FIXED  BY  THIS  TITLE  FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
FUNDS, A PARTICIPATING CANDIDATE FOR ATTORNEY GENERAL OR COMPTROLLER  IN
A  PRIMARY OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING COMMIT-
TEE MAY ACCEPT FROM A STATE CONSTITUTED COMMITTEE  WHICH  HAS  NOMINATED
SUCH  CANDIDATE  SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT
EXCEED ONE MILLION DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE  PERCENT
OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (C)  NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS
FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE  ELECTED  TO  ACCEPT  PUBLIC
FUNDS, A PARTICIPATING CANDIDATE FOR STATE SENATOR IN A PRIMARY, GENERAL
OR  SPECIAL  ELECTION  OR  SUCH  CANDIDATE'S PARTICIPATING COMMITTEE MAY

S. 4705--B                         18

ACCEPT FROM A STATE  CONSTITUTED  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 PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS
FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE  ELECTED  TO  ACCEPT  PUBLIC
FUNDS,  A PARTICIPATING CANDIDATE FOR MEMBER OF THE ASSEMBLY IN A PRIMA-
RY, GENERAL  OR  SPECIAL  ELECTION  OR  SUCH  CANDIDATE'S  PARTICIPATING
COMMITTEE  MAY ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS NOMI-
NATED SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES
NOT EXCEED FIFTY THOUSAND DOLLARS; PROVIDED, HOWEVER,  THAT  TWENTY-FIVE
PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (E)  NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS
FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE  ELECTED  TO  ACCEPT  PUBLIC
FUNDS,  A  PARTICIPATING  CANDIDATE FOR DELEGATE AT-LARGE TO A CONSTITU-
TIONAL CONVENTION IN A GENERAL ELECTION OR SUCH CANDIDATE'S  PARTICIPAT-
ING  COMMITTEE  MAY  ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS
NOMINATED SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE  AGGREGATE,
DOES  NOT EXCEED FIFTY THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-
FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (F) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE  AS
FIXED  BY  THIS  TITLE  FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
FUNDS, A PARTICIPATING CANDIDATE FOR DISTRICT DELEGATE  TO  A  CONSTITU-
TIONAL  CONVENTION IN A GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPAT-
ING COMMITTEE MAY ACCEPT FROM A STATE CONSTITUTED  COMMITTEE  WHICH  HAS
NOMINATED  SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE,
DOES  NOT  EXCEED  TEN  THOUSAND  DOLLARS;   PROVIDED,   HOWEVER,   THAT
TWENTY-FIVE  PERCENT  OF  SUCH  AMOUNT  MAY BE ACCEPTED IN THE FORM OF A
TRANSFER.
  (G) FOR PURPOSES OF  THIS  SUBDIVISION,  THE  TERM  STATE  CONSTITUTED
COMMITTEE INCLUDES ANY OF ITS SUBCOMMITTEES.
  3. NOTWITHSTANDING ANY PUBLIC FUNDS RECEIPT LIMIT IN THIS SUBDIVISION,
EACH  COUNTY  COMMITTEE  OF  ANY  PARTY  WHICH NOMINATES A CANDIDATE FOR
STATEWIDE OFFICE OR STATE LEGISLATIVE OFFICE, INCLUDING WITHIN THE  TERM
COUNTY COMMITTEE ANY OF ITS SUBCOMMITTEES, MAY EXPEND IN SUPPORT OF SUCH
PARTY'S  CANDIDATES FOR STATEWIDE OFFICE OR STATE LEGISLATIVE OFFICE WHO
HAS AGREED TO ACCEPT PUBLIC FINANCING, AN AMOUNT WHICH SHALL NOT  EXCEED
THE  SUM OF TWO CENTS FOR EACH VOTER REGISTERED IN SUCH COUNTY AS DETER-
MINED BY THE RECORDS OF THE APPROPRIATE BOARD OF  ELECTIONS  AS  OF  THE
PRECEDING GENERAL ELECTION.
  4.  IN  COMPUTING  THE  AGGREGATE AMOUNT EXPENDED FOR PURPOSES OF THIS
SECTION, EXPENDITURES MADE BY A STATE CONSTITUTED COMMITTEE OR A  COUNTY
COMMITTEE IN SUPPORT OF MORE THAN ONE CANDIDATE SHALL BE ALLOCATED AMONG
SUCH  CANDIDATES  SUPPORTED BY THE COMMITTEE IN ACCORDANCE WITH FORMULAS
PROMULGATED BY THE FAIR ELECTIONS BOARD OR, IN THE ABSENCE OF SUCH OFFI-
CIAL FORMULAS, IN ACCORDANCE WITH A FORMULA BASED UPON REASONABLE STAND-
ARDS. THE STATEMENTS FILED BY SUCH CONSTITUTED 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-

S. 4705--B                         19

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 OR THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED
BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS.
  6. EXCEPT FOR THE LIMITATIONS SPECIFICALLY SET FORTH IN THIS  SECTION,
PARTICIPATING  CANDIDATES  SHALL  BE  SUBJECT  TO THE PROVISIONS OF THIS
ARTICLE.
  S 14-214. LIMITATIONS ON THE RECEIPT OF PUBLIC FUNDS.   THE  FOLLOWING
LIMITATIONS  APPLY  TO  THE  TOTAL  AMOUNT  OF  PUBLIC FUNDS THAT MAY BE
PROVIDED TO A PARTICIPATING  CANDIDATE'S  AUTHORIZED  COMMITTEE  FOR  AN
ELECTION CYCLE:
  1.  IN  ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS BY PARTICIPATING
CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
  (I) FOR GOVERNOR, THE SUM OF NINE MILLION DOLLARS;
  (II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
OF SIX MILLION DOLLARS;
  (III) FOR SENATOR, THE SUM OF THREE HUNDRED FIFTY THOUSAND DOLLARS;
  (IV) FOR MEMBER OF THE ASSEMBLY, THE SUM OF ONE HUNDRED FIFTY THOUSAND
DOLLARS;
  (V) FOR AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION, THE  SUM  OF
ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS;
  (VI) FOR DISTRICT DELEGATES TO A CONSTITUTIONAL CONVENTION, THE SUM OF
FIFTY THOUSAND DOLLARS;
  2.  IN  ANY  GENERAL  OR  SPECIAL ELECTION, RECEIPT OF PUBLIC FUNDS BY
PARTICIPATING CANDIDATES FOR THE FOLLOWING OFFICES AND BY THEIR  PARTIC-
IPATING COMMITTEES SHALL NOT EXCEED THE FOLLOWING AMOUNTS:
  CANDIDATES FOR ELECTION TO THE OFFICE OF:
  GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED)                $12,000,000
  ATTORNEY GENERAL                                           $8,000,000
  COMPTROLLER                                                $8,000,000
  MEMBER OF SENATE                                           $400,000
  MEMBER OF ASSEMBLY                                         $200,000
  DELEGATE AT-LARGE TO A CONSTITUTIONAL CONVENTION           $350,000
  DISTRICT DELEGATE TO A CONSTITUTIONAL CONVENTION           $75,000
  3. PARTICIPATING CANDIDATES FOR OFFICE WHO ARE UNOPPOSED IN THE PRIMA-
RY  ELECTION  MAY  RECEIVE PUBLIC FUNDS BEFORE THE PRIMARY ELECTION, FOR
SERVICES, MATERIALS OR FACILITIES USED ON OR BEFORE  THE  DATE  OF  SUCH
PRIMARY  ELECTION, AN AMOUNT EQUAL TO HALF THE SUM SUCH CANDIDATES WOULD
BE ENTITLED TO RECEIVE IF THEIR NOMINATION WAS CONTESTED IN SUCH PRIMARY
ELECTION PROVIDED THERE IS A PRIMARY CONTEST FOR THE  NOMINATION  OF  AT
LEAST ONE OTHER PARTY FOR SUCH OFFICE.
  4.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE AMOUNT OF
PRIVATE FUNDS A PARTICIPATING  CANDIDATE  MAY  RECEIVE  SUBJECT  TO  THE
CONTRIBUTION LIMITS CONTAINED IN SECTION 14-212 OF THIS TITLE.
  5.  AT  THE  BEGINNING OF EACH SECOND CALENDAR YEAR, COMMENCING IN TWO
THOUSAND SIXTEEN, THE FAIR ELECTIONS BOARD SHALL DETERMINE THE  PERCENT-
AGE OF THE DIFFERENCE BETWEEN THE MOST RECENT AVAILABLE MONTHLY CONSUMER
PRICE  INDEX  FOR ALL URBAN CONSUMERS PUBLISHED BY THE THE UNITED STATES
BUREAU OF LABOR STATISTICS AND SUCH CONSUMER PRICE INDEX  PUBLISHED  FOR
THE  SAME  MONTH  FOUR YEARS PREVIOUSLY. THE AMOUNT OF EACH PUBLIC FUNDS
RECEIPT LIMITATION FIXED IN THIS SECTION SHALL BE ADJUSTED BY THE AMOUNT
OF SUCH PERCENTAGE DIFFERENCE TO THE CLOSEST ONE HUNDRED DOLLARS BY  THE

S. 4705--B                         20

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 PUBLIC FUND RECEIPT LIMIT AS SO ADJUSTED  SHALL
BE THE PUBLIC FUNDS RECEIPT LIMIT IN EFFECT FOR ANY ELECTION HELD BEFORE
THE NEXT SUCH ADJUSTMENT.
  S  14-216.  FAIR ELECTIONS BOARD; GENERAL POWERS AND DUTIES. 1.  THERE
SHALL BE A BOARD WITHIN THE STATE BOARD OF ELECTIONS KNOWN AS THE  "FAIR
ELECTIONS  BOARD" COMPOSED OF FIVE MEMBERS, OF WHICH ONE MEMBER SHALL BE
APPOINTED BY THE GOVERNOR AND ONE MEMBER  SHALL  BE  APPOINTED  BY  EACH
LEGISLATIVE  LEADER  OF  THE SENATE AND ASSEMBLY.  NO MEMBER OF THE FAIR
ELECTIONS BOARD SHALL HOLD ELECTIVE OFFICE, NOR SHALL ANY  MEMBER  BE  A
LOBBYIST  AS DEFINED IN SUBDIVISION (A) OF SECTION ONE-C OF THE LEGISLA-
TIVE LAW. THE CHAIR SHALL BE RESPONSIBLE FOR MANAGING THE FAIR ELECTIONS
BOARD. THE MEMBERS SHALL EACH SERVE FOR A TERM OF FOUR YEARS.
  2.  THE MEMBERS OF THE FAIR ELECTIONS BOARD SHALL DESIGNATE THE CHAIR-
MAN OF THE FAIR ELECTIONS BOARD FROM  AMONG  THE  MEMBERS  THEREOF,  WHO
SHALL  SERVE  AS  CHAIRMAN  AT  THE  PLEASURE OF THE MEMBERS OF THE FAIR
ELECTIONS BOARD. THE CHAIRMAN OR ANY THREE MEMBERS OF THE FAIR ELECTIONS
BOARD MAY CALL A MEETING.
  3. EACH MEMBER'S TERM SHALL COMMENCE ON JANUARY  FIRST,  TWO  THOUSAND
FOURTEEN. IN CASE OF A VACANCY IN THE OFFICE OF A MEMBER, A MEMBER SHALL
BE  APPOINTED  ACCORDING  TO  THE  ORIGINAL  MANNER OF APPOINTMENT. EACH
MEMBER SHALL BE A RESIDENT OF THE STATE OF NEW YORK  AND  REGISTERED  TO
VOTE  THEREIN.  EACH  MEMBER  SHALL AGREE NOT TO MAKE AND SHALL NOT MAKE
CONTRIBUTIONS TO ANY CANDIDATE OR AUTHORIZED  COMMITTEE  FOR  NOMINATION
FOR  ELECTION  OR  FOR  ELECTION  TO THE OFFICE OF STATE COMPTROLLER. NO
MEMBER SHALL SERVE AS AN OFFICER OF A POLITICAL PARTY OR COMMITTEE OR BE
A CANDIDATE OR PARTICIPATE IN ANY CAPACITY IN A CAMPAIGN BY A  CANDIDATE
FOR  NOMINATION  FOR  ELECTION,  OR  FOR ELECTION TO THE OFFICE OF STATE
COMPTROLLER. AN OFFICER OR EMPLOYEE OF THE STATE  OR  ANY  STATE  AGENCY
SHALL NOT BE ELIGIBLE TO BE A MEMBER OF THE FAIR ELECTIONS BOARD.
  4.  THE  MEMBERS  OF  THE  FAIR  ELECTIONS  BOARD SHALL BE ENTITLED TO
RECEIVE PAYMENT FOR  ACTUAL  AND  NECESSARY  EXPENSES  INCURRED  IN  THE
PERFORMANCE OF THEIR DUTIES AS MEMBERS OF SUCH BOARD.
  5.  A  MEMBER  OF THE FAIR ELECTIONS BOARD MAY BE REMOVED FOR CAUSE BY
THE APPOINTING AUTHORITY UPON NOTICE AND AN OPPORTUNITY FOR A HEARING.
  6.  THE FAIR ELECTIONS BOARD SHALL APPOINT 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  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.
THE FAIR ELECTIONS BOARD MAY UTILIZE EXISTING STAFF OF THE  STATE  BOARD
OF  ELECTIONS  AS  MAY  BE  NECESSARY,  AND  MAKE NECESSARY EXPENDITURES
SUBJECT TO APPROPRIATION, PROVIDED HOWEVER THAT THE ENFORCEMENT COUNSEL,
IN CONSULTATION WITH THE FAIR ELECTIONS BOARD, SHALL HAVE THE  AUTHORITY
TO  HIRE AT LEAST FOUR NEW FAIR ELECTIONS BOARD STAFF MEMBERS. SUCH FAIR
ELECTIONS BOARD STAFF MEMBERS SHALL BE DEDICATED TO TRAINING AND ASSIST-
ING PARTICIPATING CANDIDATES  IN  COMPLYING  WITH  THE  REQUIREMENTS  OF
OPTIONAL  PUBLIC FINANCING AS PROVIDED FOR UNDER THE PROVISIONS OF TITLE
TWO OF ARTICLE FOURTEEN OF THIS CHAPTER.  THE FAIR ELECTIONS BOARD SHALL
RETAIN AN INDEPENDENT AUDITOR TO PERFORM ONGOING AUDITS OF EACH  COVERED
ELECTION  BY  CONTRACT  ENTERED  INTO  PURSUANT  TO  SECTION ONE HUNDRED
SIXTY-THREE OF THE STATE FINANCE LAW.

S. 4705--B                         21

  7. 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 THIS SECTION, THE MEMBERS, OR IN THE CASE OF A VACANCY
ON  THE  FAIR  ELECTIONS  BOARD,  THE MEMBERS, OF EACH OF THE SAME MAJOR
POLITICAL PARTY AS THE INCUMBENT ENFORCEMENT COUNSEL, DEPUTY ENFORCEMENT
COUNSEL,  SHALL  APPOINT SUCH COUNSELS, AND DEPUTIES. ANY VACANCY IN THE
OFFICE OF ENFORCEMENT COUNSEL, DEPUTY ENFORCEMENT COUNSEL, SPECIAL COUN-
SEL, SPECIAL DEPUTY COUNSEL, DIRECTOR OF PUBLIC INFORMATION  AND  DEPUTY
DIRECTOR  OF  PUBLIC  INFORMATION  SHALL BE FILLED BY THE MEMBERS OF THE
FAIR ELECTIONS BOARD OR IN THE CASE OF  A  VACANCY  ON  THE  BOARD,  THE
MEMBERS  OF THE SAME MAJOR POLITICAL PARTY AS THE VACATING INCUMBENT FOR
THE REMAINING PERIOD OF THE TERM OF SUCH VACATING INCUMBENT.
  8. IN ADDITION TO THE ENFORCEMENT POWERS, AND  ANY  OTHER  POWERS  AND
DUTIES SPECIFIED BY LAW, THE FAIR ELECTIONS BOARD SHALL:
  (A)(I)  RENDER  ADVISORY  OPINIONS  WITH  RESPECT TO QUESTIONS ARISING
UNDER THIS ARTICLE UPON THE WRITTEN REQUEST OF A CANDIDATE,  AN  OFFICER
OF A POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITI-
ATIVE;  (II)  PROMULGATE  RULES REGARDING REASONABLE TIMES TO RESPOND TO
SUCH REQUESTS; AND (III) MAKE PUBLIC THE QUESTIONS OF INTERPRETATION FOR
WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE FAIR  ELECTIONS  BOARD
AND ITS ADVISORY OPINIONS, INCLUDING BY PUBLICATION ON ITS WEBSITE;
  (B)  DEVELOP  A  PROGRAM FOR INFORMING AND TRAINING CANDIDATES AND THE
PUBLIC AS TO THE PURPOSE AND EFFECT OF THE  PROVISIONS  OF  THIS  TITLE,
INCLUDING BY MEANS OF A WEBSITE;
  (C)  HAVE  THE  AUTHORITY TO PROMULGATE SUCH RULES AND REGULATIONS AND
PRESCRIBE SUCH FORMS AS THE FAIR ELECTIONS BOARD DEEMS NECESSARY FOR THE
ADMINISTRATION OF THIS TITLE; AND
  (D) IN CONJUNCTION WITH THE STATE BOARD OF ELECTIONS DEVELOP AN INTER-
ACTIVE, SEARCHABLE COMPUTER DATABASE THAT SHALL CONTAIN ALL  INFORMATION
NECESSARY FOR THE PROPER ADMINISTRATION OF THIS TITLE INCLUDING INFORMA-
TION  ON  CONTRIBUTIONS  TO  AND  EXPENDITURES  BY  CANDIDATES AND THEIR
AUTHORIZED COMMITTEES AND DISTRIBUTIONS OF  MONEYS  FROM  THE  FUND  AND
SHALL  BE  ACCESSIBLE  TO  THE  PUBLIC  ON THE STATE BOARD OF ELECTIONS'
WEBSITE.
  9. CONSISTENT WITH THE PROVISIONS OF THE CIVIL SERVICE LAW AND  SUBDI-
VISION  SEVENTEEN  OF  SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW,
AND NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, ALL
POSITIONS ON THE STAFF OF THE FAIR ELECTIONS BOARD SHALL  BE  CLASSIFIED
IN  THE  EXEMPT  CLASS  OF THE CIVIL SERVICE AND SUCH POSITIONS SHALL BE
FILLED, TO THE EXTENT POSSIBLE, WITH AN EQUAL  NUMBER  OF  PERSONS  FROM
EACH  OF  THE  TWO  POLITICAL PARTIES FOR WHICH THE HIGHEST AND THE NEXT
HIGHEST NUMBER OF VOTES WERE CAST FOR THE OFFICE OF STATE COMPTROLLER AT
THE LAST PRECEDING GENERAL ELECTION FOR SUCH OFFICE.
  10. THE FAIR ELECTIONS BOARD'S ADMINISTRATION OF  THE  FUND  SHALL  BE
GOVERNED BY THE PROVISIONS OF THIS TITLE AND SECTION NINETY-TWO-T OF THE
STATE FINANCE LAW.
  11.  THE FAIR ELECTIONS BOARD AND ITS PROCEEDINGS SHALL BE GOVERNED BY
THE STATE ADMINISTRATIVE PROCEDURE ACT AND SUBJECT TO ARTICLES  SIX  AND
SEVEN OF THE PUBLIC OFFICERS LAW.
  12.    FOR THE PURPOSES OF MEETINGS, THREE COMMISSIONERS SHALL CONSTI-
TUTE A QUORUM. THE AFFIRMATIVE VOTE  OF  THREE  COMMISSIONERS  SHALL  BE
REQUIRED FOR ANY ACTION OF THE FAIR ELECTIONS BOARD.
  13.  THE  FAIR  ELECTIONS  BOARD  SHALL KEEP ALL INFORMATION REGARDING
PRELIMINARY, APPROVED OR  COMPLETED  INVESTIGATIONS  CONFIDENTIAL  UNTIL
SUCH  INVESTIGATIONS  ARE COMPLETED, DISMISSED, SUBJECT TO A CIVIL COURT

S. 4705--B                         22

FILING OR REFERRED TO A LAW ENFORCEMENT AGENCY AS PROVIDED FOR IN SUBDI-
VISION ELEVEN OF SECTION 3-104 OF THIS CHAPTER.
  14. THE FAIR ELECTIONS BOARD MAY TAKE SUCH OTHER ACTIONS AS ARE NECES-
SARY AND PROPER TO CARRY OUT THE PURPOSES OF THIS TITLE.
  S  14-218.  EXAMINATIONS  AND  AUDITS. 1. THE FAIR ELECTIONS BOARD MAY
CONDUCT A THOROUGH EXAMINATION AND PRE-ELECTION AUDIT  OF  THE  CONTRIB-
UTIONS AND QUALIFIED CAMPAIGN EXPENSES OF THE PARTICIPATING COMMITTEE OF
EVERY  PARTICIPATING CANDIDATE WHO RECEIVED PAYMENTS PURSUANT TO SECTION
14-210 OF THIS TITLE.  SUCH AUDITS SHALL BE CONDUCTED AS  FREQUENTLY  AS
THE  FAIR ELECTIONS BOARD DEEMS NECESSARY TO ENSURE COMPLIANCE WITH THIS
TITLE. THE FAIR ELECTIONS BOARD SHALL NOTIFY,  IN  WRITING,  ANY  CANDI-
DATE'S  AUTHORIZED COMMITTEE PRIOR TO THE COMMENCEMENT OF SUCH PRE-ELEC-
TION AUDIT. NO PRE-ELECTION AUDIT SHALL COMMENCE IN THE ABSENCE  OF  THE
NOTICE  REQUIREMENT  OF THIS SUBDIVISION.   EVERY CANDIDATE WHO RECEIVES
PUBLIC MATCHING FUNDS UNDER THIS TITLE SHALL ALSO BE AUDITED BY THE FAIR
ELECTIONS BOARD POST-ELECTION. THE COST OF COMPLYING WITH  A  POST-ELEC-
TION  AUDIT  SHALL  BE  BORNE BY THE CANDIDATE'S AUTHORIZED COMMITTEE. A
CANDIDATE WHO HAS RECEIVED PUBLIC MATCHING FUNDS UNDER THIS  TITLE  MUST
MAINTAIN A RESERVE OF AT LEAST ONE PERCENT OF THE TOTAL AMOUNT OF MATCH-
ING  FUNDS  RECEIVED BY SUCH CANDIDATE IN HIS OR HER CAMPAIGN ACCOUNT TO
COMPLY WITH THE POST-ELECTION AUDIT. A CANDIDATE  WHO  RUNS  IN  BOTH  A
PRIMARY  AND  A GENERAL ELECTION, MUST MAINTAIN A RESERVE OF ONE PERCENT
OF THE TOTAL AMOUNT OF PUBLIC MATCHING FUNDS RECEIVED BY SUCH  CANDIDATE
FOR  BOTH  HIS  OR HER PRIMARY AND GENERAL ELECTION. A CANDIDATE MAY USE
PUBLIC MATCHING FUNDS, PRIVATE FUNDS OR  A  COMBINATION  OF  PUBLIC  AND
PRIVATE  FUNDS  TO COMPLY WITH A POST-ELECTION AUDIT. THE FAIR ELECTIONS
BOARD SHALL ISSUE TO EACH CAMPAIGN AUDITED THE FINAL POST-ELECTION AUDIT
REPORT THAT DETAILS ITS FINDINGS AND SHALL PROVIDE  SUCH  AUDIT  TO  THE
GOVERNOR AND LEGISLATIVE LEADERS AND MAKE SUCH AUDIT REPORT AVAILABLE ON
THE  STATE  BOARD  OF  ELECTIONS'  WEBSITE.    FINAL POST-ELECTION AUDIT
REPORTS SHALL BE COMPLETED NO LATER THAN TWELVE MONTHS AFTER THE DATE OF
THE ELECTION OR ELECTIONS FOR WHICH THE CANDIDATE RECEIVED PUBLIC FUNDS.
THIS AUDIT DEADLINE SHALL NOT APPLY IN CASES INVOLVING  POTENTIAL  CAMP-
AIGN-RELATED  FRAUD,  KNOWING AND WILLFUL VIOLATIONS OF ARTICLE FOURTEEN
OF THIS CHAPTER OR CRIMINAL ACTIVITY.
  2. (A) IF THE FAIR ELECTIONS 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
ENTITLED PURSUANT TO SECTION 14-210 OF THIS TITLE, IT SHALL NOTIFY  SUCH
COMMITTEE  OF THE EXCESS AMOUNT AND SUCH COMMITTEE SHALL PAY TO THE FAIR
ELECTIONS BOARD AN AMOUNT  EQUAL  TO  THE  AMOUNT  OF  EXCESS  PAYMENTS;
PROVIDED,  HOWEVER,  THAT  IF  THE ERRONEOUS PAYMENT WAS DUE TO AN ERROR
MADE BY THE FAIR ELECTIONS BOARD, THEN THE  ERRONEOUS  PAYMENT  WILL  BE
OFFSET  AGAINST  ANY FUTURE PAYMENT, IF ANY. THE PARTICIPATING CANDIDATE
AND HIS OR HER PARTICIPATING COMMITTEE SHALL BE  JOINTLY  AND  SEVERALLY
LIABLE FOR ANY REPAYMENTS DUE TO THE FAIR ELECTIONS BOARD FOR DEPOSIT BY
SUCH BOARD INTO THE NEW YORK STATE CAMPAIGN FUND.
  (B)  IF  THE  BOARD  DETERMINES  THAT  ANY AMOUNT OF PAYMENT MADE TO A
PARTICIPATING COMMITTEE FROM THE FUND WAS USED FOR PURPOSES  OTHER  THAN
TO  DEFRAY QUALIFIED CAMPAIGN EXPENSES, IT SHALL NOTIFY SUCH PARTICIPAT-
ING COMMITTEE OF THE AMOUNT DISQUALIFIED AND SUCH PARTICIPATING  COMMIT-
TEE  SHALL  PAY  TO  THE  FAIR  ELECTIONS  BOARD AN AMOUNT EQUAL TO SUCH
DISQUALIFIED AMOUNT.  SUCH MONIES SHALL BE DEPOSITED INTO THE  NEW  YORK
STATE  FAIR  ELECTIONS  FUND CREATED PURSUANT TO SECTION NINETY-TWO-T OF
THE STATE FINANCE LAW.   THE CANDIDATE AND  THE  CANDIDATE'S  AUTHORIZED

S. 4705--B                         23

COMMITTEE  SHALL  BE JOINTLY AND SEVERALLY LIABLE FOR ANY REPAYMENTS DUE
TO THE FAIR ELECTIONS BOARD.
  (C)  IF THE TOTAL OF CONTRIBUTIONS AND PAYMENTS FROM THE FUND RECEIVED
BY  ANY  PARTICIPATING  CANDIDATE  AND  SUCH  CANDIDATE'S  PARTICIPATING
COMMITTEE,  EXCEEDS THE PUBLIC FUNDING RECEIPT LIMITATION OF SUCH CANDI-
DATE AND COMMITTEE, SUCH CANDIDATE AND COMMITTEE SHALL USE  SUCH  EXCESS
FUNDS TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH COMMITTEE FROM
THE  FUND NOT LATER THAN TEN DAYS AFTER ALL PERMISSIBLE LIABILITIES HAVE
BEEN PAID AND IN ANY EVENT, NOT LATER THAN TWENTY DAYS AFTER THE DATE ON
WHICH THE FAIR ELECTIONS BOARD ISSUES ITS FINAL  AUDIT  REPORT  FOR  THE
PARTICIPATING CANDIDATE'S COMMITTEE; PROVIDED, HOWEVER, THAT ALL UNSPENT
MATCHING  FUNDS  FOR  A PARTICIPATING CANDIDATE SHALL BE IMMEDIATELY DUE
AND PAYABLE TO THE FAIR ELECTIONS BOARD FOR DEPOSIT INTO  THE  NEW  YORK
STATE  FAIR  ELECTIONS  FUND UPON ITS DETERMINATION THAT THE PARTICIPANT
WILLFULLY DELAYED  THE  POST-ELECTION  AUDIT  PROCESS.  A  PARTICIPATING
CANDIDATE  MAY  MAKE  POST-ELECTION EXPENDITURES ONLY FOR ROUTINE ACTIV-
ITIES INVOLVING NOMINAL COSTS ASSOCIATED  WITH  ENDING  A  CAMPAIGN  AND
RESPONDING  TO THE POST-ELECTION AUDIT. NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO PROHIBIT THE POST-ELECTION EXPENDITURE OF PUBLIC FUNDS  FOR
DEBTS  INCURRED DURING THE CAMPAIGN FOR WHICH PUBLIC FUNDS WERE ELIGIBLE
TO BE USED.
  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
FAIR ELECTIONS BOARD AN AMOUNT  EQUAL  TO  THE  TOTAL  OF  PUBLIC  FUNDS
RECEIVED BY SUCH PARTICIPATING COMMITTEE.
  4.  THE  BOARD  MUST PROVIDE WRITTEN NOTICE OF ALL PAYMENTS DUE FROM A
PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE TO THE  BOARD  AND
PROVIDE AN OPPORTUNITY FOR THE CANDIDATE OR COMMITTEE TO REBUT, IN WHOLE
OR  IN  PART, THE ALLEGED AMOUNT DUE. UPON A FINAL WRITTEN DETERMINATION
BY THE BOARD, THE AMOUNT DUE SHALL BE PAID TO THE  BOARD  WITHIN  THIRTY
DAYS OF SUCH DETERMINATION.
  5.  ALL  PAYMENTS RECEIVED BY THE BOARD PURSUANT TO THIS SECTION SHALL
BE DEPOSITED IN THE NEW YORK STATE FAIR ELECTIONS  FUND  ESTABLISHED  BY
SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  6.  ANY  ADVICE PROVIDED BY THE STAFF OR MEMBERS OF THE FAIR ELECTIONS
BOARD TO A PARTICIPATING OR NON-PARTICIPATING  CANDIDATE  IN  CONNECTION
WITH  ANY  ACTION  UNDER  THIS  ARTICLE, WHEN RELIED UPON IN GOOD FAITH,
SHALL BE PRESUMPTIVE EVIDENCE THAT SUCH CANDIDATE OR HIS OR HER  COMMIT-
TEE DID NOT KNOWINGLY AND WILLFULLY VIOLATE THE PROVISIONS OF THIS ARTI-
CLE.
  S 14-220. CIVIL ENFORCEMENT. 1. ANY PERSON OR AUTHORIZED COMMITTEE WHO
KNOWINGLY AND WILFULLY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS
OF  THIS  TITLE  SHALL  BE  SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THE
AMOUNT OF FIVE THOUSAND DOLLARS.
  2. ANY PERSON OR AUTHORIZED COMMITTEE WHO KNOWINGLY AND  INTENTIONALLY
VIOLATES ANY OTHER PROVISION OF THIS TITLE OR ANY RULE PROMULGATED HERE-
UNDER  SHALL  BE  SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THE AMOUNT OF
TEN THOUSAND DOLLARS.
  3. FINES AUTHORIZED UNDER THIS SECTION WILL BE  IMPOSED  BY  THE  FAIR
ELECTIONS  BOARD  AFTER A HEARING AT WHICH THE SUBJECT PERSON OR AUTHOR-
IZED COMMITTEE SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD.  SUCH  HEARING
SHALL  BE  HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY BE PRESCRIBED
BY THE RULES OF THE FAIR ELECTIONS BOARD.  FOR  PURPOSES  OF  CONDUCTING

S. 4705--B                         24

SUCH  HEARINGS, THE FAIR ELECTIONS BOARD SHALL BE DEEMED TO BE AN AGENCY
WITHIN THE MEANING OF ARTICLE THREE OF THE STATE  ADMINISTRATIVE  PROCE-
DURE  ACT  AND  SHALL  ADOPT RULES GOVERNING THE CONDUCT OF ADJUDICATORY
PROCEEDINGS  AND  APPEALS TAKEN PURSUANT TO A PROCEEDING COMMENCED UNDER
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND  RULES  RELATING  TO
THE ASSESSMENT OF THE CIVIL PENALTIES HEREIN AUTHORIZED.
  4.  THE  FAIR  ELECTIONS  BOARD  SHALL  PUBLISH  ON THE STATE BOARD OF
ELECTIONS' WEBSITE THE  FINAL  ORDER  ADJUDICATING  ANY  MATTER  BROUGHT
PURSUANT TO THIS SECTION.
  5.  ALL PAYMENTS RECEIVED BY THE FAIR ELECTIONS BOARD PURSUANT TO THIS
SECTION SHALL BE DEPOSITED IN THE NEW YORK  STATE  FAIR  ELECTIONS  FUND
ESTABLISHED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  S 14-222. CRIMINAL PENALTIES. 1. ANY PERSON WHO KNOWINGLY AND WILLFUL-
LY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS OF THIS TITLE WITH-
IN  TEN  DAYS AFTER THE DATE PROVIDED FOR SUCH, OR ANYONE THAT KNOWINGLY
AND WILLFULLY VIOLATES ANY OTHER PROVISION OF THIS TITLE SHALL BE GUILTY
OF A MISDEMEANOR AND, IN ADDITION TO SUCH  OTHER  PENALTIES  AS  MAY  BE
PROVIDED  BY LAW, SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT OF
TEN THOUSAND DOLLARS.
  2. ANY PERSON WHO KNOWINGLY AND WILLFULLY CONTRIBUTES, ACCEPTS OR AIDS
OR PARTICIPATES IN THE CONTRIBUTION OR ACCEPTANCE OF A  CONTRIBUTION  IN
AN  AMOUNT  EXCEEDING  AN  APPLICABLE  MAXIMUM SPECIFIED IN THIS ARTICLE
SHALL BE GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A FINE  NOT  TO
EXCEED THE AMOUNT OF TEN THOUSAND DOLLARS.
  3.  ANY  PERSON WHO KNOWINGLY AND WILLFULLY MAKES A FALSE STATEMENT OR
KNOWINGLY OMITS A MATERIAL FACT TO THE FAIR ELECTIONS BOARD OR AN  AUDI-
TOR  DESIGNATED  BY  THE FAIR ELECTIONS BOARD DURING ANY AUDIT CONDUCTED
PURSUANT TO SECTION 14-218 OF THIS TITLE SHALL BE GUILTY OF  A  CLASS  E
FELONY.
  4.  IN  ADDITION TO ANY OTHER SENTENCE LAWFULLY IMPOSED UPON A FINDING
OF GUILT IN A CRIMINAL PROSECUTION COMMENCED PURSUANT TO THE  PROVISIONS
OF  THIS  SECTION,  THE COURT MAY ORDER A DEFENDANT TO REPAY TO THE FAIR
ELECTIONS BOARD ANY PUBLIC MATCHING FUNDS OBTAINED AS A  RESULT  OF  ANY
CRIMINAL CONDUCT.
  5.  ALL  SUCH PROSECUTIONS FOR CRIMINAL ACTS UNDER THIS TITLE SHALL BE
PROSECUTED BY THE ATTORNEY GENERAL OF THE STATE OF NEW  YORK  EXCEPT  AS
PROVIDED IN PARAGRAPH (B) OF SUBDIVISION ELEVEN OF SECTION 3-104 OF THIS
CHAPTER.
  6.  ANY  AND  ALL FINES IMPOSED PURSUANT TO THIS SECTION SHALL BE MADE
PAYABLE TO THE FAIR ELECTIONS BOARD FOR DEPOSIT INTO THE NEW YORK  STATE
FAIR ELECTIONS FUND.
  S  14-224.  REPORTS. THE FAIR ELECTIONS BOARD SHALL SUBMIT A REPORT TO
THE GOVERNOR AND LEGISLATIVE LEADERS ON OR BEFORE  FEBRUARY  FIRST,  TWO
THOUSAND SIXTEEN, AND EVERY FOUR YEARS THEREAFTER, WHICH SHALL INCLUDE:
  1.  A  LIST  OF  THE  PARTICIPATING AND NONPARTICIPATING CANDIDATES IN
COVERED ELECTIONS AND THE VOTES RECEIVED  BY  EACH  CANDIDATE  IN  THOSE
ELECTIONS;
  2.  THE  AMOUNT  OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES
MADE, ON BEHALF OF PARTICIPATING AND NONPARTICIPATING CANDIDATES;
  3. THE AMOUNT OF PUBLIC MATCHING FUNDS  EACH  PARTICIPATING  CANDIDATE
RECEIVED, SPENT, AND REPAID PURSUANT TO THIS ARTICLE;
  4.  ANALYSIS OF THE EFFECT OF THIS TITLE ON THE ELECTION CAMPAIGNS FOR
ALL OFFICES COVERED UNDER SECTION 14-206 OF THIS  TITLE,  INCLUDING  ITS
EFFECT  ON  THE  SOURCES  AND AMOUNTS OF PRIVATE FINANCING, THE LEVEL OF
CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE  NUMBER  OF  CANDIDATES,

S. 4705--B                         25

THE CANDIDATES' ABILITIES TO CAMPAIGN EFFECTIVELY FOR PUBLIC OFFICE, AND
THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
  5.  RECOMMENDATIONS FOR CHANGES OR AMENDMENTS TO THIS TITLE, INCLUDING
CHARGES IN CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY AND LIMITS ON
TOTAL MATCHING FUNDS AS WELL AS INSTITUTING A  PROGRAM  OF  FULL  PUBLIC
CAMPAIGN FINANCING FOR ELECTION FOR ALL STATEWIDE OFFICES; AND
  6. ANY OTHER INFORMATION THAT THE FAIR ELECTIONS BOARD DEEMS RELEVANT.
  S  14-226.  DEBATES.  THE  FAIR ELECTIONS BOARD SHALL PROMULGATE REGU-
LATIONS TO FACILITATE DEBATES AMONG PARTICIPATING CANDIDATES.    PARTIC-
IPATING  CANDIDATES  ARE  REQUIRED TO PARTICIPATE IN AT LEAST ONE DEBATE
BEFORE THE PRIMARY ELECTION AND IN AT LEAST ONE DEBATE BEFORE THE GENER-
AL ELECTION FOR WHICH THE CANDIDATE RECEIVES PUBLIC  FUNDS,  UNLESS  THE
PARTICIPATING  CANDIDATE IS RUNNING UNOPPOSED. A NONPARTICIPATING CANDI-
DATE MAY BE A PARTY TO SUCH DEBATES.
  S 14-228. DISTRIBUTIONS FROM FAIR  ELECTIONS  FUND.  1.  THIS  SECTION
GOVERNS  THE FAIR ELECTIONS BOARD'S DISTRIBUTION  OF FUNDS FROM THE FAIR
ELECTIONS FUND CREATED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW,
EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE.
  2. NO MONEYS SHALL BE PAID TO PARTICIPATING CANDIDATES  IN  A  PRIMARY
ELECTION ANY EARLIER THAN TWO WEEKS AFTER THE LAST DAY TO FILE DESIGNAT-
ING PETITIONS FOR SUCH PRIMARY ELECTION.
  3.  NO  MONEYS  SHALL BE PAID TO PARTICIPATING CANDIDATES IN A GENERAL
ELECTION ANY EARLIER THAN A WEEK AFTER  THE  PRIMARY  ELECTION  HELD  TO
NOMINATE CANDIDATES FOR SUCH ELECTION.
  4. NO MONEYS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO HAS BEEN
DISQUALIFIED  BY THE FAIR ELECTIONS BOARD OR WHOSE DESIGNATING PETITIONS
HAVE BEEN DECLARED INVALID BY THE STATE BOARD OF ELECTIONS OR A COURT OF
COMPETENT JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED  BY  AN
APPELLATE COURT.
  5.  NO  PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDIDATE OR
SUCH A CANDIDATE'S AUTHORIZED COMMITTEE ON THE DATE  OF  SUCH  DISQUALI-
FICATION  OR  INVALIDATION  MAY  THEREAFTER  BE EXPENDED FOR ANY PURPOSE
EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE THAT DATE. ALL  EXCESS
PUBLIC  MONEYS PAID TO A DISQUALIFIED CANDIDATE SHALL BE RETURNED TO THE
FUND NOT LESS THAN THIRTY DAYS AFTER  THE  GENERAL  ELECTION  FOR  THOSE
PARTICIPATING  CANDIDATES  WHO  RECEIVED  PUBLIC  MONEYS FOR THE GENERAL
ELECTION, AND OTHERWISE, NOT LESS THAN THIRTY  DAYS  AFTER  THE  PRIMARY
ELECTION  FOR  THOSE PARTICIPATING CANDIDATES WHO RECEIVED PUBLIC MONEYS
SOLELY FOR THE PRIMARY ELECTION.
  6. (A) PARTICIPATING CANDIDATES SHALL PAY TO THE FAIR ELECTIONS  BOARD
UNSPENT  PUBLIC  CAMPAIGN  FUNDS  FROM AN ELECTION NOT LATER THAN THIRTY
DAYS AFTER ALL LIABILITIES FOR THE ELECTION HAVE BEEN PAID AND,  IN  ANY
EVENT,  NOT  LESS  THAN  TWENTY  DAYS AFTER THE DATE UPON WHICH THE FAIR
ELECTIONS BOARD ISSUES ITS FINAL  AUDIT  REPORT  FOR  THE  PARTICIPATING
CANDIDATE'S  COMMITTEE;  PROVIDED,  HOWEVER,  THAT  ALL  UNSPENT  PUBLIC
CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE SHALL  BE  IMMEDIATELY  DUE
AND  PAYABLE TO THE FAIR ELECTIONS BOARD UPON ITS DETERMINATION THAT THE
PARTICIPATING CANDIDATE HAS, WITHOUT JUST CAUSE, DELAYED THE  POST-ELEC-
TION  AUDIT  PROCESS.  UNSPENT CAMPAIGN FUNDS DETERMINATIONS MADE BY THE
FAIR ELECTIONS BOARD SHALL  BE  BASED  ON  THE  PARTICIPATING  CANDIDATE
COMMITTEE'S RECEIPTS AND EXPENDITURES. THE FAIR ELECTIONS BOARD MAY ALSO
CONSIDER  ANY  OTHER  RELEVANT INFORMATION REVEALED IN THE COURSE OF ITS
AUDITS OR INVESTIGATIONS OR THE INVESTIGATIONS BY ANY OTHER AGENCY.
  (B)(I) A PARTICIPATING CANDIDATE MAY NOT USE RECEIPTS FOR ANY  PURPOSE
OTHER  THAN  DISBURSEMENTS  IN  THE PRECEDING ELECTION UNTIL ALL UNSPENT
PUBLIC CAMPAIGN FUNDS HAVE BEEN REPAID. A PARTICIPATING CANDIDATE  SHALL

S. 4705--B                         26

HAVE THE BURDEN OF DEMONSTRATING THAT A POST-ELECTION EXPENDITURE IS FOR
THE PRECEDING ELECTION.
  (II)  BEFORE  REPAYING  UNSPENT PUBLIC CAMPAIGN FUNDS, A PARTICIPATING
CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES ONLY  FOR  ROUTINE  ACTIV-
ITIES  INVOLVING NOMINAL COSTS ASSOCIATED WITH WINDING UP A CAMPAIGN AND
RESPONDING TO THE POST-ELECTION AUDIT. SUCH  EXPENDITURES  MAY  INCLUDE:
PAYMENT  OF  UTILITY  BILLS  AND  RENT;  REASONABLE  STAFF  SALARIES AND
CONSULTANT FEES FOR RESPONDING  TO  A  POST-ELECTION  AUDIT;  REASONABLE
MOVING  EXPENSES  RELATED  TO  CLOSING A CAMPAIGN OFFICE; A HOLIDAY CARD
MAILING TO CONTRIBUTORS, CAMPAIGN VOLUNTEERS, AND STAFF  MEMBERS;  THANK
YOU  NOTES  FOR  CONTRIBUTORS,  CAMPAIGN  VOLUNTEERS, AND STAFF MEMBERS;
PAYMENT OF TAXES AND  OTHER  REASONABLE  EXPENSES  FOR  COMPLIANCE  WITH
APPLICABLE  TAX  LAWS;  AND  INTEREST  EXPENSES.  ROUTINE  POST-ELECTION
EXPENDITURES THAT MAY BE PAID FOR WITH UNSPENT  CAMPAIGN  FUNDS  DO  NOT
INCLUDE  SUCH ITEMS AS POST-ELECTION MAILINGS OTHER THAN AS SPECIFICALLY
PROVIDED FOR IN THIS SUBPARAGRAPH; MAKING  CONTRIBUTIONS;  MAKING  BONUS
PAYMENTS OR GIFTS TO STAFF MEMBERS OR VOLUNTEERS; OR HOLDING ANY POST-E-
LECTION DAY EVENT, INCLUDING, BUT NOT LIMITED TO, ANY MEAL OR ANY PARTY.
UNSPENT  CAMPAIGN  FUNDS  MAY NOT BE USED FOR TRANSITION OR INAUGURATION
ACTIVITIES.
  7. ALL MONIES RECEIVED BY THE FAIR ELECTIONS BOARD  PURSUANT  TO  THIS
SECTION  SHALL  BE DEPOSITED INTO THE NEW YORK STATE FAIR ELECTIONS FUND
PURSUANT TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  8. ANY CANDIDATE WHO ACCEPTS A CONTRIBUTION OR CONTRIBUTIONS IN EXCESS
OF THE LIMITS SET FORTH IN SECTION 14-212  OF  THIS  ARTICLE,  PRIOR  TO
ELECTING  TO PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEM, AS SET
FORTH BY PARAGRAPH (C) OF SUBDIVISION 1 OF SECTION 14-206 OF THIS  ARTI-
CLE,  SHALL  HAVE HIS OR HER TOTAL PUBLIC MATCHING FUND GRANT REDUCED BY
SUCH EXCESS AMOUNT. SUCH AMOUNT SHALL BE  DEDUCTED  BEGINNING  FROM  THE
FIRST  ALLOWABLE  DISBURSEMENT FROM THE FUND UNTIL SUCH EXCESS AMOUNT IS
REACHED, AT WHICH POINT THE PUBLIC FUND DISBURSEMENT SHALL  BE  PROVIDED
TO THE CANDIDATE CONSISTENT WITH THE PROVISIONS OF THIS SECTION.
  S  18.  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 14-206 OF THIS CHAPTER AND ANY QUESTION
OR ISSUE RELATING TO PAYMENTS FOR QUALIFIED CAMPAIGN EXPENDITURES PURSU-
ANT TO SECTION 14-210 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  14-210
OF  THIS CHAPTER SHALL BE INSTITUTED WITHIN SEVEN DAYS AFTER SUCH DETER-
MINATION WAS MADE. THE FAIR ELECTIONS BOARD SHALL BE MADE A PARTY TO ANY
SUCH PROCEEDING.
  3. UPON THE FAIR ELECTIONS BOARD'S FAILURE TO RECEIVE THE  AMOUNT  DUE
FROM  A  PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE AFTER THE
ISSUANCE OF WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED  BY  SUBDIVI-
SION FOUR OF SECTION 14-218 OF THIS CHAPTER, SUCH BOARD IS AUTHORIZED TO
INSTITUTE  A SPECIAL PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY
COUNTY, TO OBTAIN A JUDGMENT FOR ANY AMOUNTS DETERMINED TO BE PAYABLE TO
THE FAIR ELECTIONS BOARD AS A RESULT OF AN EXAMINATION  AND  AUDIT  MADE
PURSUANT TO TITLE TWO OF ARTICLE FOURTEEN OF THIS CHAPTER.
  4.  THE  FAIR  ELECTIONS  BOARD  IS  AUTHORIZED TO INSTITUTE A SPECIAL
PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN  A

S. 4705--B                         27

JUDGMENT  FOR  CIVIL  PENALTIES  DETERMINED  TO  BE  PAYABLE TO THE FAIR
ELECTIONS BOARD PURSUANT TO SECTION 14-218 OF THIS CHAPTER.
  S  19.  The  election  law is amended by adding a new section 4-115 to
read as follows:
  S 4-115. NOTICE TO THE STATE BOARD OF ELECTIONS OF CANDIDATES FOR  THE
LEGISLATURE.  1.  EACH BOARD OF ELECTIONS WITH WHICH PETITIONS ARE FILED
FOR MEMBER OF THE STATE LEGISLATURE SHALL, NOT LATER THAN ONE WEEK AFTER
THE LAST DAY TO FILE SUCH PETITIONS, SEND NOTICE TO THE STATE  BOARD  OF
ELECTIONS  OF  SUCH  INFORMATION  ABOUT  EACH SUCH PETITION AS THE STATE
BOARD SHALL REQUIRE.
  2. EACH SUCH COUNTY BOARD OF ELECTIONS SHALL, NOT LATER THAN  THE  DAY
AFTER THE LAST DAY TO FILE A PETITION OR CERTIFICATE OF NOMINATION FOR A
GENERAL  OR SPECIAL ELECTION OR A CERTIFICATE OF ACCEPTANCE, DECLINATION
OR SUBSTITUTION FOR A GENERAL, PRIMARY OR SPECIAL ELECTION FOR ANY  SUCH
OFFICE, SEND TO THE STATE BOARD OF ELECTIONS SUCH INFORMATION ABOUT EACH
SUCH PETITION OR CERTIFICATE AS THE STATE BOARD SHALL REQUIRE.
  3.  IF  ANY  SUCH COUNTY BOARD OF ELECTIONS SHOULD DISQUALIFY ANY SUCH
CANDIDATE OR RULE THE PETITION OR CERTIFICATE DESIGNATING OR  NOMINATING
ANY SUCH CANDIDATE INVALID, IT SHALL FORTHWITH NOTIFY THE STATE BOARD OF
ELECTIONS OF SUCH DECISION.
  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 20. The general business law is amended  by  adding  a  new  section
359-gg to read as follows:
  S  359-GG. ADDITIONAL SURCHARGE. IN ADDITION TO ANY PENALTY AUTHORIZED
BY SECTION THREE HUNDRED FIFTY-NINE-G OF THIS ARTICLE OR ANY DAMAGES  OR
OTHER  COMPENSATION  RECOVERABLE  INCLUDING,  BUT  NOT  LIMITED  TO, ANY
SETTLEMENT AUTHORIZED BY SECTION SIXTY-THREE  OR  SIXTY-THREE-C  OF  THE
EXECUTIVE  LAW,  THERE SHALL BE ASSESSED THEREON AN ADDITIONAL SURCHARGE
IN THE AMOUNT OF TEN PERCENT  OF  THE  TOTAL  AMOUNT  OF  SUCH  PENALTY,
DAMAGES OR SETTLEMENT. SUCH SURCHARGE SHALL BE DEPOSITED IN THE NEW YORK
STATE  FAIR  ELECTIONS  FUND  ESTABLISHED BY SECTION NINETY-TWO-T OF THE
STATE FINANCE LAW.
  S 21. The state finance law is amended by adding a new section 92-t to
read as follows:
  S 92-T. NEW YORK STATE FAIR ELECTIONS FUND. 1. THERE IS HEREBY  ESTAB-
LISHED  IN  THE  CUSTODY  OF  THE COMMISSIONER OF TAXATION AND FINANCE A
SPECIAL FUND TO BE KNOWN AS THE NEW YORK STATE FAIR ELECTIONS FUND.
  2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE SURCHARGE
IMPOSED PURSUANT TO SECTION THREE HUNDRED FIFTY-NINE-GG OF  THE  GENERAL
BUSINESS  LAW,  REVENUES  RECEIVED  FROM  FAIR  ELECTIONS FUND CHECK-OFF
PURSUANT TO SECTION SIX HUNDRED THIRTY-D OF THE TAX LAW  AND  ALL  OTHER
MONEYS  CREDITED  OR  TRANSFERRED  THERETO FROM ANY OTHER FUND OR SOURCE
PURSUANT TO LAW. NOTHING CONTAINED IN THIS  SECTION  SHALL  PREVENT  THE
STATE  FROM RECEIVING GRANTS, GIFTS, BEQUESTS OR VOLUNTARY CONTRIBUTIONS
FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION  AND  DEPOSITING
THEM  INTO  THE  FUND ACCORDING TO LAW. MONIES IN THE FUND SHALL BE KEPT
SEPARATE FROM AND NOT COMMINGLED WITH OTHER FUNDS HELD IN THE CUSTODY OF
THE COMMISSIONER OF TAXATION AND FINANCE.

S. 4705--B                         28

  3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO  CANDIDATES  PURSUANT
TO  TITLE  TWO  OF ARTICLE FOURTEEN OF THE ELECTION LAW. MONEYS SHALL BE
PAID OUT OF THE FUND BY THE COMMISSIONER  OF  TAXATION  AND  FINANCE  ON
VOUCHERS  CERTIFIED  OR APPROVED BY THE FAIR ELECTIONS BOARD ESTABLISHED
PURSUANT TO TITLE TWO OF ARTICLE FOURTEEN OF THE ELECTION  LAW,  OR  THE
DULY  DESIGNATED  REPRESENTATIVE OF SUCH BOARD, IN THE MANNER PRESCRIBED
BY LAW, NOT MORE THAN ONE WORKING DAY AFTER A  VOUCHER  DULY  CERTIFIED,
APPROVED  AND  EXECUTED  BY SUCH BOARD OR ITS REPRESENTATIVE IN THE FORM
PRESCRIBED BY THE COMMISSIONER OF TAXATION AND FINANCE  IS  RECEIVED  BY
THE COMMISSIONER OF TAXATION AND FINANCE.
  4.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, IF, IN ANY
STATE FISCAL YEAR, THE STATE FAIR ELECTIONS FUND  LACKS  THE  AMOUNT  OF
MONEY  TO  PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES AND CERTIFIED
OR APPROVED BY THE FAIR ELECTIONS BOARD, ANY SUCH  DEFICIENCY  SHALL  BE
PAID, UPON AUDIT AND WARRANT OF THE STATE COMPTROLLER, FROM FUNDS DEPOS-
ITED  IN  THE  GENERAL  FUND  OF THE STATE NOT MORE THAN ONE WORKING DAY
AFTER SUCH VOUCHER IS RECEIVED BY THE STATE COMPTROLLER.
  5. COMMENCING IN TWO THOUSAND SIXTEEN, IF THE SURPLUS IN THE  FUND  ON
APRIL  FIRST  OF  THE  YEAR  AFTER AN ELECTION CYCLE EXCEEDS TWENTY-FIVE
PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER THE PREVIOUS FOUR YEARS,
THE EXCESS SHALL REVERT TO THE GENERAL FUND OF THE STATE.
  6. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN  A
PRIMARY  ELECTION ANY EARLIER THAN THE DAY THAT SUCH CANDIDATE IS CERTI-
FIED AS BEING ON THE BALLOT FOR SUCH PRIMARY ELECTION.
  7. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN  A
GENERAL  ELECTION  ANY EARLIER THAN THE DAY AFTER THE DAY OF THE PRIMARY
ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
  8. NO PUBLIC FUNDS SHALL BE PAID TO ANY  PARTICIPATING  CANDIDATE  WHO
HAS  BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN DECLARED
INVALID BY THE APPROPRIATE BOARD OF ELECTIONS OR A  COURT  OF  COMPETENT
JURISDICTION  UNTIL  AND  UNLESS  SUCH  FINDING  IS REVERSED BY A HIGHER
AUTHORITY. NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH  A  CANDI-
DATE  OR  SUCH  CANDIDATE'S  PARTICIPATING COMMITTEE ON THE DATE OF SUCH
DISQUALIFICATION OR INVALIDATION MAY  THEREAFTER  BE  EXPENDED  FOR  ANY
PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE. ALL
SUCH MONEYS SHALL BE REPAID TO THE FUND.
  S  22. The tax law is amended by adding a new section 630-d to read as
follows:
  S 630-D. CONTRIBUTION TO NEW YORK STATE FAIR ELECTIONS FUND.    EFFEC-
TIVE  FOR  ANY  TAXABLE  YEAR  COMMENCING ON OR AFTER JANUARY FIRST, TWO
THOUSAND FOURTEEN, AN INDIVIDUAL  IN  ANY  TAXABLE  YEAR  MAY  ELECT  TO
CONTRIBUTE  TO THE NEW YORK STATE FAIR ELECTIONS FUND. SUCH CONTRIBUTION
SHALL BE IN THE AMOUNT OF FIVE DOLLARS AND SHALL NOT REDUCE  THE  AMOUNT
OF  STATE  TAX  OWED  BY SUCH INDIVIDUAL. THE COMMISSIONER SHALL INCLUDE
SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE  A  TAXPAYER  TO  MAKE
SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW ALL REVEN-
UES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE NEW YORK
STATE FAIR ELECTIONS FUND AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN
SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  S  23.  Severability. If any clause, sentence, subdivision, paragraph,
section or part of title 2 of article 14 of the election law,  as  added
by  section  seventeen of this act be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not  affect,  impair  or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, subdivision, paragraph, section or part thereof

S. 4705--B                         29

directly  involved  in the controversy in which such judgment shall have
been rendered.
  S  24.  This  act  shall  take  effect immediately; provided, however,
candidates for state comptroller will be eligible to participate in  the
public  financing  system  beginning  with  the 2014 election, all state
legislature candidates will be eligible to  participate  in  the  public
financing  system  beginning with the 2016 election and all state candi-
dates and  constitutional  convention  delegates  will  be  eligible  to
participate  in  the  public  financing  system  beginning with the 2018
election.

Co-Sponsors

view additional co-sponsors

S4705C (ACTIVE) - Bill Details

Current Committee:
Law Section:
Election Law
Laws Affected:
Amd El L, generally; add §359-gg, Gen Bus L; add §92-t, St Fin L; add §630-d, Tax L
Versions Introduced in 2011-2012 Legislative Session:
A9885D

S4705C (ACTIVE) - Bill Texts

view summary

Enacts the "2014 fair elections act"; relates to providing for optional partial public financing of certain election campaigns in this state; relates to identification of the source of certain political contributions.

view sponsor memo
BILL NUMBER:S4705C

TITLE OF BILL: An act to amend the election law, in relation to
enacting the "2014 Fair Elections Act"; to amend the election law, the
state finance law and the tax law, in relation to providing for
optional partial public financing of certain election campaigns in
this state; and to amend the general business law, in relation to
additional surcharges

SUBJECT AND PURPOSE:

To provide optional public financing of campaigns for statewide and
state legislative offices and constitutional convention delegates.

SUMMARY AND DESCRIPTION OF PROVISIONS:

This bill would create an optional public financing system for certain
elections within the state of New York. Specifically, the bill adds a
new Title III to Article 14 to provide for public financing of Primary
and general election campaigns for statewide office, primary, general
and special election campaigns for state legislative office and
primary and general election campaigns for constitutional convention
delegates.

The "C Print" updates this legislation to remove provisions contained
in the original print which have since been enacted in the 2014-15
Executive budget creating an independent office of campaign finance
enforcement and regulating the disclosure of so called "independent
expenditures." Under current law, the newly enacted office of campaign
finance enforcement has jurisdiction over all of Article 14 in the
Election law. The public financing system that would be enacted under
the new Title III in this bill would be staffed and overseen by a fair
elections board. A fair elections enforcement counsel would oversee
regulation and enforcement of the new public financing system.

The bill also contains provisions to require the disclosure of
intermediaries and contributions collected on behalf of donors for
candidates by intermediaries. The so called LLC loophole which treats
said organizations like natural people for purposes of contribution
limits would also be closed

OPTIONAL PUBLIC FINANCING OF ELECTIONS:

CRITERIA FOR PARTICIPATION:

To be eligible for public financing, a candidate for nomination or
election to a statewide office, state legislative office or as a
constitutional convention delegate must satisfy the legal requirements
for having his or her name on the ballot, elect to participate in the
public financing system, meet the threshold for eligibility and agree
to file required statements and authorize a single participating
committee.

ELIGIBILITY THRESHOLD:


Governor: Must collect not less than $650,000 from at least 6,500
matchable contributions made up of sums of up to $250 per individual
contributor who resides in New York State.

Lt. Governor (primary only), Attorney Gen. & Comptroller: Must collect
not less than $200,000 from at least 2,000 matchable contributions
made up of sums of up to $250 per individual contributor who resides
in New York State.

Senate: Must collect not less than $20,000 from at least 200 matchable
contributions made up of sums of up to $250 per individual contributor
who resides in New York State including at least $10,000 from at least
100 individual contributors who reside in the senate district, or in
any part of any county in the Senate district, in which the seat is to
be filled.

Assembly: Must collect not less than $10,000 from at least 100
matchable contributions made up of sums of up to $250 per individual
contributor who resides in New York State including at least $5,000
from at least 50 individual contributors who reside in the assembly
district, or in any part of any county in the Assembly district, in
which the seat is to be filled.

At-large Delegate to a Constitutional Convention: Must collect not
less than $20,000 from at least 200 matchable contributions made an of
sums of up to $250 per individual contributor who resides in New York
State.

District Delegate to a Constitutional Convention: Must collect not
less than $5,000 from at least 50 matchable contributions made up of
sums of up to $250 per individual contributor who resides in the
district, or any part of any county in the district, in which the seat
is to be filled.

MATCHABLE CONTRIBUTIONS:

Matchable contributions may be collected after January first of the
year of the primary or general-election. For a special election, may
be collected up to six months before the election. Consist of the net
amount of contributions after deduction of the value of any food,
drink or entertainment provided in exchange for the contribution.
Only contributions from persons who reside in New York State are
matchable.

THE MATCH:

Eligible contributions up to $250 are matched at the rate of $6 for
every $1.

MISC. RULES:

To receive public funds for a primary election, a participating
candidate must agree to receive public funding for the general
election.

Participating candidates who are unopposed in a primary election may
not receive public funds. Participating candidates are deemed


unopposed unless there is at least one other candidate, as defined by
§ 14-100(7) of the election law, in the race for the same office.

Participating candidates that are unopposed may raise private funds of
up to 50% of the expenditure limit if there is a contest in the
primary for at least one other party for such office. Such funds may
only be raised with contributions of up to $2000 per contributor.

Candidates who are challenged in a primary and who do not seek public
funds are not eligible for public funds for the general election.

Candidates who are unopposed in a general or special election may not
receive public funds.

PERMISSIBLE AND PROHIBITED USES OF PUBLIC FUNDS:

Public funds may be used only for qualified campaign expenditures
during the year of the primary or general election. For a special
election, such funds may only be used in the 3 months prior to the
election. They may not be used for expenditures in violation of law,
for payments to a candidate or to a relative of the candidate (or to
any business entity of which such a person is an officer or employee
or has a ten percent or greater ownership interest) in excess of the
fair market value for services rendered, for payments in excess of
fair market value, for any expenditure after the candidate or the
candidate's only remaining opponent has been disqualified (until and
unless reversed), to challenge an opponent's petitions or
certificates, for non-campaign related food, drink or entertainment,
or for gifts. Public funds may not be given as a campaign contribution
or a transfer.

CONTRIBUTION LIMIT:

All candidates who choose to participate in the public financing
system have a contribution limit of $2,000 per contributor.

PUBLIC FUNDS RECEIPT LIMITS:

The following limits on public funds apply to all candidates who
participate in the public financing system:

General Election Primary

Governor $12,000,000 $9,000,000
Lt. Governor ----- $6,000,000
Attorney General $ 8,000,000 Same as
Lt. Governor & Comptroller
State Senator $ 400,000 $350,000
Member of Assembly $ 200,000 $150, 000
At-Large Delegate $ 350,000 $ 75,000
District Delegate $ 75,000 $ 50,000

NOTE: A participating candidate may raise unlimited amounts of private
money subject to the $2,000 per contributor limitation.


PARTY EXPENDITURES IN SUPPORT OF PARTICIPATING CANDIDATES:

Notwithstanding the expenditure limits for participating candidates, a
state party committee may make the following expenditures for services
to participating candidates the party has nominated:

Gov. and Lt. Gov. $2,500,000 Att. Gen or Comp. $1,000,000 Senate
$100,000 State Assembly $50,000 At-large Delegate $50,000 District
Delegate $10,000

* Transfers to a participating candidate may constitute up to 25% of
such party expenditures.

ENFORCEMENT:

Enforcement of the new Title III will be handled by the fair elections
board office of enforcement counsel and also a fair elections board
which will sit within the state board of elections. The fair elections
board will be comprised of five members. The members of the board will
be appointed as follows: one by the Governor and one by each of the
four legislative leaders.

The fair elections board will appoint a counsel who will oversee and
enforce all campaign finance laws, rules and regulations on behalf of
the fair elections board.

All actions, rules and regulations issued by the fair elections board
are subject to review at the discretion of the state board of
elections.

DEBATES:

Participating candidates are required to participate in at least one
debate before the primary election and in at least one debate before
the General election for which the candidate receives public funds,
unless The participating candidate is running unopposed. A
non-participating candidate may be a party to such debates.

SOURCES OF FUNDING:

The bill provides for three separate sources of funding for the public
financing regime:

1) The bill provides an income tax check-off of $5. Such monies would
be paid into a separate fund, known as the New York State Fair
elections fund. The taxpayers' tax liability would not be affected by
making this designation.

2) In addition, the bill imposes an additional 10% surcharge on
recoveries for fraudulent practices relating to stocks, bonds, other
securities as well as all other recoveries having to do with fraud by
the Attorney General.

3) If the state fair elections fund lacks the money to pay all
properly certified claims, the deficiency will be paid from the
general fund.


PENALTIES: CIVIL:

* The failure to make proper campaign finance filings, as required by
Title II and rules and regulations promulgated thereunder, shall
subject the offender to a civil penalty of up to $5000.

* Any person or authorized committee who knowingly and willfully
violates any other Provision of Title II or any regulations
promulgated thereunder shall subject the offender to a civil penalty
of up to $10,000.

CRIMINAL:

*All prosecutions under Title II for criminal acts shall be prosecuted
by the Attorney General.

*The failure to make proper campaign finance filings, as required by
Title II within 10 days or anyone that willfully violates any other
provision of this title shall be guilty of a misdemeanor, and in addi-
tion to such other penalties as may be provided by law, shall be
subject to a fine not to exceed the amount of $10,000.

*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 shall be
guilty of a misdemeanor and shall be subject to a fine not to exceed
the amount of $10,000.

*Any person who knowingly and willfully makes a false statement or
knowingly omits a material fact to the fair election board or an
auditor designated by the fair elections board during any audit
conducted pursuant to new section 14-214 of the Election Law shall be
guilty of a class E felony.

*In addition to any other sentence lawfully imposed upon a finding of
guilt in a criminal prosecution commenced under the provisions of this
bill, a court may order a defendant to repay to the fair elections
board any public matching funds obtained as a result of any criminal
conduct.

This bill also requires disclosure for "bundlers". Bundlers are those
individuals or organizations who aggregate a number of contributions
from others and deliver them to a candidate or a candidate's
authorized committee.

LEGISLATIVE HISTORY:

A9885--D of 2012 & A8902--A of 2009.

JUSTIFICATION:

This public financing bill provides a comprehensive yet balanced
approach to the public financing of political campaigns. It contains
significant but realistic limitations on expenditures and contribution
receipts, a means for recovering public funds when they are unspent,
excessive or used for prohibited purposes, and penalties for


violations of the filing requirements or the expenditure limitations
for participants.

The "matching grant" structure of the program has several advantages.
It will reduce the amount of time a candidate must spend raising
money, leaving more time to address the issues that are important to
the public. The matching component allows for participation by private
citizens throughout the campaign while also conserving resources by
ensuring that only candidates who can show substantial voter support
and face opposition will be eligible to receive public funds.

Overall, the bill strikes a balance that allows challengers and
incumbents to compete fairly while capping the amount of public funds
that will be expended.

FISCAL IMPLICATIONS:

There would be no cost in 2014. In 2016, there could be costs
associated with participating candidates seeking election to state
legislative office. In 2018, there could be costs associated with
participating candidates seeking election to a statewide office or as
a constitutional delegate. Other states that have public financing
systems in place have had very low participation rates at first with
increasing participation in later elections. The long term cost of the
system in New York is unknown.

EFFECTIVE DATE:

This act takes effect immediately; provided, however, that candidates
for state comptroller will be eligible to participate in the public
financing system beginning with the 2014 election, state legislative
candidates will be eligible to participate in 2016 and all statewide
candidates and constitutional delegates will be eligible to
participate in 2018.

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

                                 4705--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 18, 2013
                               ___________

Introduced by Sens. STEWART-COUSINS, GIANARIS, ADDABBO, AVELLA, BRESLIN,
  DILAN, ESPAILLAT, GIPSON, HOYLMAN, KENNEDY, KRUEGER, LATIMER, PERALTA,
  PERKINS,  RIVERA,  SERRANO,  SQUADRON, STAVISKY, TKACZYK -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Elections -- committee discharged, bill amended, ordered  reprinted
  as  amended  and  recommitted  to said committee -- recommitted to the
  Committee on Elections in accordance with Senate Rule  6,  sec.  8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the election law, in relation to enacting the "2014 Fair
  Elections  Act";  to amend the election law, the state finance law and
  the tax law, in relation to  providing  for  optional  partial  public
  financing  of  certain  election campaigns in this state; and to amend
  the general business law, in relation to additional surcharges

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

  Section  1.  Short title.  This act shall be known and may be cited as
the "2014 Fair Elections Act".
  S 2. Legislative findings and declarations. The  legislature  declares
that  is  in the public interest to create and ensure a truly democratic
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.  The
legislature further finds that a new system of public financing would be
best  administered by a new "fair elections board" empowered with effec-
tive oversight and enforcement capabilities dedicated  to  working  with
and assisting candidates excel in the public financing system.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02247-39-4

S. 4705--C                          2

  S  3.    Section  3-102 of the election law is amended by adding 2 new
subdivisions 3-a and 16-b to read as follows:
  3-A.  NOTWITHSTANDING  SUBDIVISION  THREE  OF  THIS  SECTION, THE FAIR
ELECTIONS BOARD ENFORCEMENT COUNSEL, ESTABLISHED PURSUANT TO SUBDIVISION
SIX OF SECTION 14-316 OF THIS CHAPTER, AS IT MAY DEEM  NECESSARY,  AFTER
THE  FAIR  ELECTIONS BOARD HAS CONSIDERED THE MATTER OR MATTERS IN QUES-
TION SHALL CONDUCT ANY INVESTIGATION NECESSARY TO ENFORCE THE PROVISIONS
OF TITLE THREE OF ARTICLE FOURTEEN OF THIS  CHAPTER  ON  BEHALF  OF  THE
BOARD OF ELECTIONS.
  16-B.  HEAR  AND  CONSIDER  THE  RECOMMENDATIONS OF THE FAIR ELECTIONS
BOARD ENFORCEMENT COUNSEL REGARDING THE  ENFORCEMENT  OF  VIOLATIONS  OF
TITLE  THREE  OF ARTICLE FOURTEEN OF THIS CHAPTER, AS IT MAY DEEM NECES-
SARY, AFTER THE FAIR  ELECTIONS  BOARD  HAS  CONSIDERED  THE  MATTER  OR
MATTERS IN QUESTION;
  S  4. Subdivision 1 of section 3-104 of the election law is amended by
adding a new paragraph (a-1) to read as follows:
  (A-1) THERE SHALL ALSO BE A UNIT KNOWN AS THE FAIR ELECTIONS  ENFORCE-
MENT UNIT ESTABLISHED WITHIN THE FAIR ELECTIONS BOARD.  THE HEAD OF SUCH
UNIT  SHALL  BE  THE  ENFORCEMENT  COUNSEL.    SUCH UNIT SHALL HAVE SOLE
AUTHORITY WITHIN THE STATE BOARD OF  ELECTIONS  TO  INVESTIGATE  ALLEGED
VIOLATIONS  AND COMPLAINTS ARISING UNDER TITLE THREE OF ARTICLE FOURTEEN
OF THIS CHAPTER.
  S 5. Section 3-104 of the election law is amended by adding twelve new
subdivisions 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 to read as
follows:
  9. IF THE FAIR ELECTION BOARD ENFORCEMENT COUNSEL  DETERMINES  THAT  A
VIOLATION  OF  TITLE  THREE  OF  ARTICLE  FOURTEEN  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-JU-
DICIALLY OR COMMENCE A SPECIAL PROCEEDING IN THE SUPREME COURT  PURSUANT
TO SECTION 16-114 OF THIS CHAPTER.
  10.    UPON RECEIPT OF A COMPLAINT AND SUPPORTING INFORMATION ALLEGING
ANY OTHER VIOLATION OF TITLE THREE OF ARTICLE FOURTEEN OF THIS  CHAPTER,
THE FAIR ELECTIONS BOARD ENFORCEMENT COUNSEL SHALL ANALYZE THE COMPLAINT
TO  DETERMINE  IF  AN  INVESTIGATION  SHOULD  BE  UNDERTAKEN.  THE  FAIR
ELECTIONS BOARD ENFORCEMENT COUNSEL SHALL, IF NECESSARY,  REQUEST  ADDI-
TIONAL 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  ARTI-
CLE  FOURTEEN  OF  THIS CHAPTER AND, SECOND, WHETHER THE ALLEGATIONS ARE
SUPPORTED BY CREDIBLE EVIDENCE.
  11. IF THE FAIR ELECTIONS BOARD ENFORCEMENT  COUNSEL  DETERMINES  THAT
THE  ALLEGATIONS,  IF  TRUE,  WOULD  NOT CONSTITUTE A VIOLATION OF TITLE
THREE OF ARTICLE FOURTEEN OF THIS CHAPTER OR THAT  THE  ALLEGATIONS  ARE
NOT  SUPPORTED  BY  CREDIBLE EVIDENCE, HE OR SHE SHALL ISSUE A LETTER TO
THE COMPLAINANT DISMISSING THE COMPLAINT.
  12. IF THE FAIR ELECTIONS BOARD ENFORCEMENT  COUNSEL  DETERMINES  THAT
THE ALLEGATIONS, IF TRUE, WOULD CONSTITUTE A VIOLATION OF TITLE THREE OF
ARTICLE  FOURTEEN  OF THIS CHAPTER AND THAT THE ALLEGATIONS APPEAR TO BE
SUPPORTED BY  CREDIBLE  EVIDENCE,  HE  OR  SHE  SHALL  NOTIFY  THE  FAIR
ELECTIONS BOARD OF (A) HIS OR HER INTENT TO RESOLVE THE MATTER EXTRA-JU-
DICIALLY  DUE  TO  THE DE MINIMUS NATURE OF THE VIOLATION; OR (B) HIS OR
HER INTENT  TO  COMMENCE  AN  INVESTIGATION,  NO  LATER  THAN  THE  FAIR
ELECTIONS  BOARD'S NEXT REGULARLY SCHEDULED MEETING.  NOTIFICATION SHALL
SUMMARIZE THE RELEVANT FACTS AND THE APPLICABLE LAW AND  SHALL,  TO  THE

S. 4705--C                          3

EXTENT  POSSIBLE,  PROTECT  FROM  PUBLIC  DISCLOSURE THE IDENTITY OF THE
COMPLAINANT AND THE INDIVIDUAL SUBJECT TO THE COMPLAINT.
  13.  IF,  UPON  CONSIDERING THE FAIR ELECTIONS BOARD ENFORCEMENT COUN-
SEL'S NOTICE OF INTENT TO COMMENCE AN INVESTIGATION, THE FAIR  ELECTIONS
BOARD  BELIEVES  THAT  THE  ALLEGATIONS, IF TRUE, WOULD NOT CONSTITUTE A
VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER, 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 FAIR ELECTIONS BOARD ENFORCEMENT COUN-
SEL OF HIS OR HER INTENT TO COMMENCE AN INVESTIGATION.   IN  DETERMINING
WHETHER  THE  EQUITIES  FAVOR  A  DISMISSAL  OF  THE COMPLAINT, THE FAIR
ELECTIONS BOARD SHALL CONSIDER THE FOLLOWING FACTORS:  (A)  WHETHER  THE
COMPLAINT  ALLEGES  A  DE  MINIMUS 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
FAIR  ELECTIONS  BOARD  TO  DISMISS  A  COMPLAINT AND NOT PROCEED WITH A
FORMAL INVESTIGATION SHALL BE VOTED  UPON  AS  PROVIDED  IN  SUBDIVISION
TWELVE  OF SECTION 14-316 OF THIS CHAPTER AT AN OPEN MEETING PURSUANT TO
ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW, AND SHALL BE MADE  ON  A  FAIR
AND  EQUITABLE  BASIS AND WITHOUT REGARD TO THE STATUS OF THE SUBJECT OF
THE COMPLAINT.
  14. ABSENT A TIMELY DETERMINATION BY THE FAIR ELECTIONS BOARD THAT  AN
INVESTIGATION SHALL NOT BE UNDERTAKEN, THE FAIR ELECTIONS BOARD ENFORCE-
MENT  COUNSEL  SHALL COMMENCE AN INVESTIGATION ON A TIMELY BASIS. IF THE
FAIR ELECTIONS BOARD  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,  UPON  APPROVAL  OF  THE  FAIR
ELECTIONS  BOARD,  SUCH  ADDITIONAL  POWERS  FROM  THE  STATE  BOARD  OF
ELECTIONS. SUCH POWERS SHALL BE GRANTED  BY  THE  BOARD  IN  PUBLIC,  AS
PROVIDED  IN  SUBDIVISION FOUR OF SECTION 3-100 OF THIS TITLE, ONLY WHEN
THE BOARD FINDS THAT FURTHER INVESTIGATION IS WARRANTED AND JUSTIFIED.
  15. AT THE CONCLUSION OF ITS INVESTIGATION, THE FAIR  ELECTIONS  BOARD
ENFORCEMENT  COUNSEL SHALL PROVIDE THE FAIR ELECTIONS BOARD WITH A WRIT-
TEN RECOMMENDATION AS TO:  (A)  WHETHER  SUBSTANTIAL  REASON  EXISTS  TO
BELIEVE  A  VIOLATION OF TITLE THREE 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, 14-320 OR 14-322 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 OR THE ATTORNEY
GENERAL PURSUANT  TO  SUBDIVISION  SEVENTEEN  OF  THIS  SECTION  BECAUSE
REASONABLE CAUSE EXISTS TO BELIEVE A VIOLATION WARRANTING CRIMINAL PROS-
ECUTION HAS TAKEN PLACE.
  16.  THE  FAIR  ELECTIONS  BOARD  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  MINIMUS
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  TWELVE OF SECTION 14-316 OF THIS CHAPTER AT AN OPEN MEETING

S. 4705--C                          4

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.
  17.  (A) IF THE FAIR ELECTIONS BOARD DETERMINES, AS PROVIDED IN SUBDI-
VISION SIXTEEN 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 TITLE THREE OF ARTICLE FOURTEEN OF THIS  CHAP-
TER,  WHICH COULD WARRANT A CIVIL PENALTY AS PROVIDED FOR IN SUBDIVISION
THREE OF SECTION 14-126 OR SUBDIVISION TWO OF  SECTION  14-322  OF  THIS
CHAPTER, THE BOARD SHALL DIRECT THE COMMENCEMENT OF A SPECIAL PROCEEDING
IN THE SUPREME COURT.
  (B) IF THE FAIR ELECTIONS BOARD DETERMINES, AS PROVIDED IN SUBDIVISION
SIXTEEN  OF  THIS  SECTION  THAT  REASONABLE  CAUSE  EXISTS TO BELIEVE A
VIOLATION OF TITLE THREE OF ARTICLE FOURTEEN OF THIS CHAPTER  WARRANTING
CRIMINAL  PROSECUTION  HAS TAKEN PLACE, THE BOARD SHALL REFER THE MATTER
TO A DISTRICT ATTORNEY AND SHALL MAKE AVAILABLE TO SUCH DISTRICT  ATTOR-
NEY ALL PAPERS, DOCUMENTS, TESTIMONY AND FINDINGS RELEVANT TO ITS INVES-
TIGATION.  WHERE REASONABLE CAUSE EXISTS TO BELIEVE THAT A CANDIDATE FOR
THE OFFICE OF ATTORNEY GENERAL HAS VIOLATED TITLE THREE OF ARTICLE FOUR-
TEEN  OF  THIS CHAPTER, THE BOARD SHALL REFER THE MATTER TO THE DISTRICT
ATTORNEY OF THE APPROPRIATE COUNTY.
  (C) IF THE FAIR ELECTIONS BOARD DETERMINES, AS PROVIDED IN SUBDIVISION
SIXTEEN OF THIS SECTION  THAT  REASONABLE  CAUSE  EXISTS  TO  BELIEVE  A
VIOLATION OF TITLE THREE OF ARTICLE FOURTEEN OF THIS CHAPTER, WARRANTING
CRIMINAL  PROSECUTION  HAS  TAKEN  PLACE,  THE  BOARD  SHALL,  EXCEPT AS
PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, REFER THE MATTER  TO  THE
ATTORNEY  GENERAL AND SHALL MAKE AVAILABLE TO THE SAME ALL PAPERS, DOCU-
MENTS, TESTIMONY AND FINDINGS RELEVANT TO ITS INVESTIGATION.
  18. UPON NOTIFICATION THAT A SPECIAL PROCEEDING HAS BEEN COMMENCED  BY
A  PARTY OTHER THAN THE FAIR ELECTIONS BOARD, PURSUANT TO SECTION 16-114
OF THIS  CHAPTER,  THE  FAIR  ELECTIONS  BOARD  SHALL  DIRECT  THE  FAIR
ELECTIONS   BOARD   ENFORCEMENT   COUNSEL  TO  INVESTIGATE  THE  ALLEGED
VIOLATIONS UNLESS OTHERWISE DIRECTED BY THE COURT.
  19. THE FAIR ELECTIONS  BOARD  ENFORCEMENT  COUNSEL  SHALL  PREPARE  A
REPORT, TO BE INCLUDED IN THE ANNUAL REPORT TO THE GOVERNOR AND LEGISLA-
TURE,  SUMMARIZING  THE ACTIVITIES OF THE UNIT DURING THE PREVIOUS YEAR.
SUCH REPORT SHALL INCLUDE: (I) THE NUMBER OF COMPLAINTS  RECEIVED;  (II)
THE  NUMBER  OF COMPLAINTS THAT WERE FOUND TO NEED INVESTIGATION AND THE
NATURE OF EACH COMPLAINT; AND (III) THE NUMBER OF MATTERS THAT HAVE BEEN
RESOLVED.   THE REPORT SHALL  NOT  CONTAIN  ANY  INFORMATION  FOR  WHICH
DISCLOSURE IS NOT PERMITTED.
  20.  THE  FAIR  ELECTIONS  BOARD  MAY PROMULGATE RULES AND REGULATIONS
CONSISTENT WITH LAW TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
  S 6. The state of New York shall appropriate during each  fiscal  year
to  the  New  York state fair elections board 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.    Notwithstanding  section  fifty-one  of  the state
finance law, such funding shall not be decreased by interchange with any
other appropriation.
  S 7. The election law is amended by adding a new section 3-111 to read
as follows:
  S 3-111. PERSONAL USE OF CAMPAIGN FUNDS. UPON WRITTEN REQUEST FROM ANY
PERSON WHO IS SUBJECT TO THE REQUIREMENTS  OF  SECTION  14-130  OF  THIS

S. 4705--C                          5

CHAPTER,  THE  FAIR  ELECTIONS BOARD SHALL RENDER FORMAL OPINIONS ON THE
REQUIREMENTS OF SAID PROVISION. AN OPINION RENDERED BY THE BOARD,  UNTIL
AND  UNLESS  AMENDED  OR  REVOKED,  SHALL BE BINDING ON THE BOARD IN ANY
SUBSEQUENT  PROCEEDING  CONCERNING  THE PERSON WHO REQUESTED THE OPINION
AND WHO ACTED IN GOOD FAITH,  UNLESS  MATERIAL  FACTS  WERE  OMITTED  OR
MISSTATED  BY THE PERSON IN THE REQUEST FOR AN OPINION. SUCH OPINION MAY
ALSO BE RELIED UPON BY SUCH PERSON, AND MAY BE INTRODUCED AND  SHALL  BE
DEFENSE IN ANY CRIMINAL OR CIVIL ACTION. SUCH REQUEST SHALL BE CONFIDEN-
TIAL,  BUT  THE BOARD SHALL PUBLISH SUCH OPINIONS PROVIDED THAT THE NAME
OF THE REQUESTING PERSON AND OTHER  IDENTIFYING  DETAILS  SHALL  NOT  BE
INCLUDED IN THE PUBLICATION.
  S  8.  Section  14-100  of the election law is amended by adding a new
subdivision 15 to read as follows:
  15. "INTERMEDIARY"  MEANS  AN  INDIVIDUAL,  CORPORATION,  PARTNERSHIP,
POLITICAL  COMMITTEE,  LABOR  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 9. 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  [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,  and if the transferor,
contributor, INTERMEDIARY, 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
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 DELIVERING THE CONTRIBUTION,  UNLESS
THE  EXPENSES  OF SUCH EVENT AT SUCH RESIDENCE 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 specifically accounted for
by separate items  in  said  statements,  provided  however,  that  such

S. 4705--C                          6

expenditures,  receipts  and contributions shall be subject to the other
provisions of section 14-118 of this [article] TITLE.
  S  10. Section 14-110 of the election law, as amended by chapter 46 of
the laws of 1984, is amended to read as follows:
  S 14-110. Place for filing  statements.  The  places  for  filing  the
statements required by this article shall be determined by rule or regu-
lation  of  the  state  board  of elections; provided, however, that the
statements of a candidate for election to the office of governor,  lieu-
tenant  governor,  attorney general, comptroller, member of the legisla-
ture, delegate to a constitutional convention, justice  of  the  supreme
court or for nomination for any such office at a primary election and of
any  committee  aiding  or  taking  part in the designation, nomination,
election or defeat of candidates for one or  more  of  such  offices  or
promoting  the  success  or  defeat  of a question to be voted on by the
voters of the entire state shall  be  filed  with  the  state  board  of
elections  and in such other places as the state board of elections may,
by rule or  regulation  provide.    UPON  FILING,  THE  STATE  BOARD  OF
ELECTIONS  SHALL  MAKE  ALL STATEMENTS FILED THEREWITH READILY AVAILABLE
AND ACCESSIBLE TO THE FAIR ELECTIONS BOARD.
  S 11. Section 14-112 of the election law, as amended by chapter 930 of
the laws of 1981, is amended to read as follows:
  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  12.  Section  14-116 of the election law, subdivision 1 as redesig-
nated by chapter 9 of the laws of 1978 and subdivision 2 as  amended  by
chapter 260 of the laws of 1981, is amended to read as follows:
  S  14-116.  Political  contributions  by certain organizations. 1.  No
corporation, LIMITED LIABILITY COMPANY or joint-stock association  doing
business  in this state, except [a corporation or association] AN ENTITY
organized or maintained for political purposes only, shall  directly  or
indirectly pay or use or offer, consent or agree to pay or use any money
or property for or in aid of any political party, committee or organiza-
tion,  or for, or in aid of, any corporation, LIMITED LIABILITY COMPANY,
joint-stock or other association organized or maintained  for  political
purposes,  or  for,  or in aid of, any candidate for political office or
for nomination for such office, or for any political  purpose  whatever,
or  for the reimbursement or indemnification of any person for moneys or
property so used. Any officer, director, stock-holder, attorney or agent
of any corporation, LIMITED LIABILITY COMPANY or joint-stock association
which violates any of the provisions of this section,  who  participates
in,  aids,  abets or advises or consents to any such violations, and any
person who solicits or knowingly  receives  any  money  or  property  in
violation of this section, shall be guilty of a misdemeanor.
  2.  Notwithstanding the provisions of subdivision one of this section,
any corporation or an organization financially supported in whole or  in
part,  by  such  corporation, AND ANY LIMITED LIABILITY COMPANY may make
expenditures, including contributions, not otherwise prohibited by  law,
for political purposes, in an amount not to exceed five thousand dollars
in  the  aggregate in any calendar year; provided that no public utility
shall use revenues received from the rendition of public service  within

S. 4705--C                          7

the  state  for contributions for political purposes unless such cost is
charged to the shareholders of such a public service corporation.
  S  13. Subdivision 3 of section 14-124 of the election law, as amended
by chapter 71 of the laws of 1988, is amended to read as follows:
  3. The contribution and receipt limits of this article shall not apply
to monies received and expenditures made by a party committee or consti-
tuted committee to maintain a permanent headquarters and staff and carry
on ordinary activities which are not for the express purpose of  promot-
ing  the  candidacy  of  specific  candidates.  PROVIDED  THAT THE FUNDS
DESCRIBED IN THIS SUBDIVISION SHALL  BE  PROHIBITED  FROM  BEING  TRANS-
FERRED. PROVIDED FURTHER, THAT EXPENDITURES MADE BY A PARTY COMMITTEE OR
CONSTITUTED  COMMITTEE  FOR A POLITICAL COMMUNICATION IN ACCORDANCE WITH
THE PROVISIONS OF THIS SUBDIVISION SHALL NOT INCLUDE THE NAME,  LIKENESS
OR VOICE OF ANY CANDIDATE OR ELECTED OFFICIAL.
  S 14. Title 1 of article 14 of the election law is amended by adding a
new section 14-132 to read as follows:
  S  14-132.  USE  OF CONTRIBUTIONS IN VIOLATION OF FEDERAL POSTAL REGU-
LATIONS PROHIBITED. NO PARTY OR CONSTITUTED  COMMITTEE  WHICH  HAS  BEEN
DESIGNATED  AS A NOT-FOR-PROFIT ORGANIZATION BY THE UNITED STATES INTER-
NAL REVENUE SERVICE SHALL  MAKE  EXPENDITURES,  OF  DIRECT  OR  INDIRECT
CONTRIBUTIONS  OR  TRANSFERS RECEIVED BY SUCH COMMITTEE, IN VIOLATION OF
UNITED STATES POSTAL SERVICE REGULATIONS.
  S 15. Article 14 of the election law is amended by adding a new  title
3 to read as follows:
                                TITLE III
                            PUBLIC FINANCING
SECTION 14-300. APPLICABILITY OF TITLE.
        14-302. DEFINITIONS.
        14-304. REPORTING REQUIREMENTS.
        14-306. ELIGIBILITY.
        14-308. QUALIFIED CAMPAIGN EXPENDITURES.
        14-310. OPTIONAL PUBLIC FINANCING.
        14-312. CONTRIBUTION AND RECEIPT LIMITATIONS.
        14-314. LIMITATIONS ON THE RECEIPT OF PUBLIC FUNDS.
        14-316. FAIR ELECTIONS BOARD; GENERAL POWERS AND DUTIES.
        14-318. EXAMINATIONS AND AUDITS.
        14-320. CIVIL ENFORCEMENT.
        14-322. CRIMINAL PENALTIES.
        14-324. REPORTS.
        14-326. DEBATES.
        14-328. DISTRIBUTIONS FROM FAIR ELECTIONS FUND.
  S 14-300. APPLICABILITY OF TITLE. THIS TITLE SHALL ONLY APPLY TO THOSE
CANDIDATES  WHO  ELECT  TO  PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING
SYSTEM.
  S 14-302. DEFINITIONS. AS USED IN THIS TITLE, UNLESS  ANOTHER  MEANING
IS CLEARLY INDICATED:
  1.  THE TERM "BOARD" OR "FAIR ELECTIONS BOARD" MEANS THE BOARD CREATED
BY SECTION 14-316 OF THIS TITLE TO ADMINISTER THE FAIR ELECTIONS FUND.
  2. THE TERM "ELIGIBLE CANDIDATE" SHALL MEAN A CANDIDATE FOR NOMINATION
OR ELECTION TO ANY OF THE  OFFICES  OF  GOVERNOR,  LIEUTENANT  GOVERNOR,
COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE STATE LEGISLATURE, AT-LARGE
DELEGATE  TO  A  CONSTITUTIONAL  CONVENTION  OR  DISTRICT  DELEGATE TO A
CONSTITUTIONAL CONVENTION.
  3. THE TERM "PARTICIPATING COMMITTEE" SHALL MEAN A  SINGLE  AUTHORIZED
POLITICAL  COMMITTEE  WHICH  A CANDIDATE CERTIFIES IS THE COMMITTEE THAT
WILL SOLELY BE USED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM ESTAB-

S. 4705--C                          8

LISHED BY THIS TITLE AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMA-
RY, GENERAL OR SPECIAL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT.  A
MULTI-CANDIDATE COMMITTEE MAY NOT BE A PARTICIPATING COMMITTEE.
  4.  THE  TERM  "PARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE WHO IS
ELIGIBLE TO PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING  SYSTEM  ESTAB-
LISHED  BY  THIS  TITLE,  HAS  MET THE THRESHOLD FOR ELIGIBILITY AND HAS
ELECTED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM.
  5. THE TERM "NONPARTICIPATING CANDIDATE" SHALL MEAN  A  CANDIDATE  FOR
ANY OFFICE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING UNDER THIS TITLE FOR A
COVERED ELECTION WHO FAILS TO FILE A STATEMENT IN THE FORM OF AN AFFIDA-
VIT PURSUANT TO SECTION 14-310 OF THIS TITLE.
  6.  THE  TERM "MATCHABLE CONTRIBUTIONS" SHALL MEAN THAT PORTION OF THE
AGGREGATE CONTRIBUTIONS MADE (A) IN THE CASE OF  A  PRIMARY  OR  GENERAL
ELECTION, AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY OR GENER-
AL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT OR (B) IN THE CASE OF A
SPECIAL  ELECTION, WITHIN SIX MONTHS OF SUCH ELECTION BY NATURAL PERSONS
RESIDENT IN THE STATE OF NEW YORK  TO  A  CANDIDATE  FOR  NOMINATION  OR
ELECTION  TO  ANY OF THE OFFICES COVERED BY THE PROVISIONS OF THIS TITLE
WHICH DO NOT EXCEED TWO HUNDRED FIFTY DOLLARS, WHICH HAVE BEEN  REPORTED
IN FULL BY THE CANDIDATE'S PARTICIPATING COMMITTEE TO THE FAIR ELECTIONS
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:
  (A) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;
  (B) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR  AN  ITEM
WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
  (C) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR OR OTHER-
WISE INDUCED BY A CHANCE TO PARTICIPATE IN A RAFFLE, LOTTERY, OR SIMILAR
DRAWING FOR VALUABLE PRIZES;
  (D)  MONEY  ORDER  CONTRIBUTIONS FROM ANY ONE CONTRIBUTOR THAT ARE, IN
THE AGGREGATE, GREATER THAN ONE HUNDRED DOLLARS;
  (E) CONTRIBUTIONS FROM INDIVIDUALS UNDER THE AGE OF EIGHTEEN YEARS;
  (F) 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
CANDIDATE'S  CERTIFICATION,  UNLESS  SUCH  EXPENDITURE IS REIMBURSING AN
ADVANCE.
  (G) ALL CONTRIBUTIONS RECEIVED  BETWEEN  THE  DAY  AFTER  THE  GENERAL
ELECTION  IN WHICH THE PARTICIPATING CANDIDATE IS SEEKING OFFICE AND THE
THIRTY-FIRST DAY OF DECEMBER OF THE YEAR BEFORE THE YEAR  IN  WHICH  THE
NEXT GENERAL ELECTION IS TO BE HELD, INCLUSIVELY.
  7. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE
FOR WHICH PUBLIC FUNDS MAY BE USED.
  8.  THE  TERM "FUND" SHALL MEAN THE NEW YORK STATE FAIR ELECTIONS FUND
CREATED BY SECTION NINETY-TWO-Y OF THE STATE FINANCE LAW.
  9. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF TOTAL
MATCHABLE CONTRIBUTIONS THAT THE PARTICIPATING COMMITTEE OF AN OTHERWISE
ELIGIBLE CANDIDATE MUST RECEIVE, AS REQUIRED BY SECTION 14-306  OF  THIS
TITLE,  IN  ORDER  TO  QUALIFY FOR OPTIONAL PUBLIC FINANCING PURSUANT TO
THIS TITLE.
  10. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS IN SUBDIVI-
SION NINE OF SECTION 14-100 OF THIS ARTICLE.
  11. THE TERM "ELECTION CYCLE" SHALL MEAN THE TWO YEAR PERIOD  STARTING
THE  DAY  AFTER  THE  LAST GENERAL ELECTION FOR CANDIDATES FOR THE STATE
LEGISLATURE AND SHALL MEAN THE FOUR YEAR PERIOD STARTING AFTER  THE  DAY
AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR STATEWIDE OFFICE.

S. 4705--C                          9

  S  14-304.  REPORTING  REQUIREMENTS.  1. EVERY PARTICIPATING CANDIDATE
SHALL NOT DESIGNATE MORE THAN ONE AUTHORIZED COMMITTEE. BEFORE RECEIVING
ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR A COVERED ELECTION,  EACH
PARTICIPATING  CANDIDATE SHALL NOTIFY THE FAIR ELECTIONS BOARD AS TO THE
EXISTENCE  OF  HIS  OR HER AUTHORIZED COMMITTEE THAT HAS BEEN DESIGNATED
AND APPROVED BY SUCH CANDIDATE. EACH SUCH  AUTHORIZED  COMMITTEE  SHALL,
BEFORE  OPENING  A COMMITTEE BANK ACCOUNT, RECEIVING ANY CONTRIBUTION OR
MAKING ANY EXPENDITURE FOR A COVERED ELECTION:
  (A) DESIGNATE A TREASURER; AND
  (B) OBTAIN A TAX  IDENTIFICATION  NUMBER  FROM  THE  INTERNAL  REVENUE
SERVICE.
  2.  DISCLOSURE. (A) EVERY PARTICIPATING CANDIDATE SHALL FILE FINANCIAL
DISCLOSURE REPORTS WITH THE STATE BOARD  OF  ELECTIONS  AS  REQUIRED  BY
TITLE  ONE OF THIS ARTICLE. COPIES OF SUCH REPORTS SHALL ALSO BE SUBMIT-
TED TO THE FAIR ELECTIONS BOARD CREATED PURSUANT TO THIS ARTICLE AT  THE
SAME TIME SUCH REPORTS ARE FILED WITH THE STATE BOARD OF ELECTIONS.
  (B) THE FAIR ELECTIONS BOARD SHALL REVIEW EACH DISCLOSURE REPORT FILED
WITH  THE STATE BOARD OF ELECTIONS PURSUANT TO TITLE ONE OF THIS ARTICLE
AND SHALL  INFORM  PARTICIPATING  CANDIDATES  AND  POLITICAL  COMMITTEES
INCLUDING  THE  AUTHORIZED  COMMITTEE,  OF  RELEVANT  QUESTIONS THE FAIR
ELECTIONS BOARD HAS CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS OF THIS
TITLE AND OF THE RULES ISSUED BY THE  FAIR  ELECTIONS  BOARD;  AND  (II)
QUALIFICATION  FOR  RECEIVING  PUBLIC  MATCHING  FUNDS  PURSUANT TO THIS
TITLE. IN THE COURSE OF SUCH REVIEW, THE FAIR ELECTIONS BOARD SHALL GIVE
CANDIDATES AND POLITICAL COMMITTEES INCLUDING THE AUTHORIZED  COMMITTEE,
AN  OPPORTUNITY  TO RESPOND TO AND CORRECT POTENTIAL VIOLATIONS AND GIVE
CANDIDATES AN OPPORTUNITY TO ADDRESS QUESTIONS THE BOARD HAS  CONCERNING
THEIR MATCHABLE CONTRIBUTION CLAIMS OR OTHER ISSUES CONCERNING ELIGIBIL-
ITY  FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. NOTHING
IN THIS PARAGRAPH SHALL PRECLUDE THE BOARD FROM  SUBSEQUENTLY  REVIEWING
SUCH  A  DISCLOSURE REPORT AND TAKING ANY ACTION OTHERWISE AUTHORIZED BY
THIS TITLE.
  (C) ONLY ITEMIZED CONTRIBUTIONS CONTAINED IN REPORTS  FILED  WITH  THE
FAIR  ELECTIONS  BOARD  SHALL BE ELIGIBLE FOR MATCHING FUNDS PURSUANT TO
THIS TITLE.
  S 14-306. 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  FAIR  ELECTIONS  BOARD  ANY
EVIDENCE  IT  MAY  REASONABLY  REQUEST  RELATING  TO HIS OR HER CAMPAIGN
EXPENDITURES OR CONTRIBUTIONS AND FURNISH SUCH OTHER PROOF OF COMPLIANCE
WITH THIS TITLE AS MAY BE REQUESTED BY THE BOARD;
  (E) HAVE A SINGLE AUTHORIZED  POLITICAL  COMMITTEE  WHICH  HE  OR  SHE
CERTIFIES AS THE PARTICIPATING COMMITTEE FOR THE PURPOSES OF THIS TITLE;
  (F)  AGREE TO IDENTIFY ACCURATELY IN ALL CAMPAIGN MATERIALS THE PERSON
OR ENTITY THAT PAID FOR SUCH CAMPAIGN MATERIAL; AND

S. 4705--C                         10

  (G) FOR ANY CANDIDATE ELECTING TO PARTICIPATE IN THE  OPTIONAL  PUBLIC
FINANCING  SYSTEM  IN  THE  YEAR IN WHICH SUCH OPTIONAL PUBLIC FINANCING
SYSTEM IS FIRST EFFECTIVE, FOR THE COVERED OFFICE BEING SOUGHT  BY  SUCH
CANDIDATE,  AND,  IN  EACH SUBSEQUENT YEAR, THOSE CANDIDATES WHO DID NOT
ELECT TO PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEM IN THE YEAR
IMMEDIATELY PRECEDING THE CURRENT YEAR, AGREE NOT TO EXPEND FOR CAMPAIGN
PURPOSES  ANY  PORTION  OF  ANY PRE-EXISTING FUNDS RAISED FOR ANY PUBLIC
OFFICE OR PARTY POSITION PRIOR TO THE DATE OF ELECTING TO PARTICIPATE IN
THE PUBLIC FINANCING SYSTEM AS SET FORTH IN PARAGRAPH (C) OF THIS SUBDI-
VISION.  NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO LIMIT,  IN  ANY
WAY,  ANY  CANDIDATE  OR  PUBLIC  OFFICIAL FROM EXPENDING ANY PORTION OF
PRE-EXISTING CAMPAIGN FUNDS FOR ANY  LAWFUL  PURPOSE  OTHER  THAN  THOSE
RELATED TO HIS OR HER CAMPAIGN.
  (H)  AGREE  NOT  TO  ACCEPT  CONTRIBUTIONS IN EXCESS OF THE LIMITS SET
FORTH IN SECTION 14-312 OF THIS TITLE FROM THE TIME HE OR SHE ELECTS  TO
PARTICIPATE  IN  THE  OPTIONAL  PUBLIC FINANCING SYSTEM, AS SET FORTH BY
PARAGRAPH (C) OF THIS SECTION, THROUGH THE THIRTY-FIRST DAY OF  DECEMBER
OF  THE YEAR BEFORE THE YEAR IN WHICH THE NEXT GENERAL ELECTION IS TO BE
HELD.
  2. THE THRESHOLD FOR ELIGIBILITY FOR PUBLIC FUNDING FOR CANDIDATES  IN
A  PRIMARY,  GENERAL OR SPECIAL ELECTION FOR THE FOLLOWING OFFICES SHALL
BE:
  (A) GOVERNOR IN A PRIMARY OR  GENERAL  ELECTION.  NOT  LESS  THAN  SIX
HUNDRED  FIFTY  THOUSAND DOLLARS FROM AT LEAST SIX THOUSAND FIVE HUNDRED
MATCHABLE CONTRIBUTIONS MADE UP OF SUMS  OF  UP  TO  TWO  HUNDRED  FIFTY
DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
  (B)  LIEUTENANT  GOVERNOR  IN  A  PRIMARY  ELECTION AND COMPTROLLER OR
ATTORNEY GENERAL IN A PRIMARY OR GENERAL ELECTION.   NOT LESS  THAN  TWO
HUNDRED  THOUSAND  DOLLARS FROM AT LEAST TWO THOUSAND MATCHABLE CONTRIB-
UTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY DOLLARS PER INDIVIDUAL
CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
  (C) MEMBERS OF THE STATE SENATE  IN  A  PRIMARY,  GENERAL  OR  SPECIAL
ELECTION.  NOT  LESS  THAN  TWENTY  THOUSAND  DOLLARS  FROM AT LEAST TWO
HUNDRED MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF  UP  TO  TWO  HUNDRED
FIFTY  DOLLARS  PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE
INCLUDING AT LEAST TEN THOUSAND DOLLARS FROM AT LEAST ONE HUNDRED  INDI-
VIDUAL  CONTRIBUTORS  WHO RESIDE IN THE SENATE DISTRICT OR RESIDE IN ANY
PORTION OF ANY COUNTY WHICH CONSTITUTES ANY MEASURE OF THE  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  OR RESIDE IN ANY PORTION OF ANY COUNTY WHICH CONSTI-
TUTES ANY MEASURE OF THE DISTRICT IN WHICH THE SEAT IS TO BE FILLED.
  (E) AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION IN A  PRIMARY  OR
GENERAL  ELECTION.  NOT  LESS THAN TWENTY THOUSAND DOLLARS FROM AT LEAST
TWO HUNDRED MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED
FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
  (F) DISTRICT DELEGATE TO A CONSTITUTIONAL CONVENTION IN A  PRIMARY  OR
GENERAL  ELECTION.  NOT  LESS  THAN  FIVE THOUSAND DOLLARS FROM AT LEAST
FIFTY MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY
DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN THE DISTRICT OR IN THE
CONSTITUENT COUNTY OR RESIDES IN ANY PORTION OF ANY COUNTY WHICH CONSTI-
TUTES ANY MEASURE OF THE DISTRICT IN WHICH THE SEAT IS TO BE FILLED.

S. 4705--C                         11

  3. IN ORDER TO BE ELIGIBLE  TO  RECEIVE  PUBLIC  FUNDS  IN  A  PRIMARY
ELECTION  A  CANDIDATE MUST AGREE, THAT IN THE EVENT SUCH CANDIDATE IS A
CANDIDATE FOR SUCH OFFICE IN THE GENERAL ELECTION  IN  SUCH  YEAR,  THAT
SUCH CANDIDATE WILL BE BOUND BY THE PROVISIONS OF THIS TITLE, INCLUDING,
BUT NOT LIMITED TO, THE PUBLIC FUNDS RECEIPT LIMITS OF THIS TITLE.
  4.  CANDIDATES  WHO ARE CONTESTED IN A PRIMARY ELECTION AND WHO DO NOT
SEEK PUBLIC FUNDS SHALL NOT BE ELIGIBLE FOR PUBLIC FUNDS FOR THE GENERAL
ELECTION IN THAT YEAR. THE PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT
APPLY TO CANDIDATES FOR THE OFFICE OF LIEUTENANT GOVERNOR.
  5. CANDIDATES WHO ARE UNOPPOSED IN A GENERAL OR SPECIAL ELECTION SHALL
NOT BE ELIGIBLE TO RECEIVE PUBLIC FUNDS.
  6.  NO  CANDIDATE  FOR  ELECTION TO AN OFFICE IN A PRIMARY, GENERAL OR
SPECIAL ELECTION WHO HAS ELECTED TO PARTICIPATE IN THE PUBLIC  FINANCING
SYSTEM  SHALL BE DEEMED OPPOSED AND RECEIVE PUBLIC FUNDS UNLESS THERE IS
AT LEAST ONE OTHER CANDIDATE, AS DEFINED BY SUBDIVISION SEVEN OF SECTION
14-100 OF THIS ARTICLE FOR SUCH OFFICE IN SUCH ELECTION.
  S 14-308. 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 ELECTION CYCLE  OR,
IN  THE  CASE  OF A SPECIAL ELECTION, FOR EXPENDITURES DURING THE PERIOD
COMMENCING THREE MONTHS BEFORE AND ENDING ONE MONTH AFTER  SUCH  SPECIAL
ELECTION.
  2. SUCH PUBLIC FUNDS MAY NOT BE USED FOR:
  (A)  AN EXPENDITURE IN VIOLATION OF ANY LAW OF THE UNITED STATES OR OF
THIS STATE;
  (B) PAYMENTS OR ANYTHING OF VALUE GIVEN OR MADE TO  THE  CANDIDATE,  A
RELATIVE  OF  THE  CANDIDATE,  OR TO A BUSINESS ENTITY IN WHICH ANY SUCH
PERSON HAS A TEN PERCENT OR GREATER OWNERSHIP INTEREST OR OF  WHICH  ANY
SUCH  PERSON  IS  AN OFFICER, DIRECTOR OR EMPLOYEE IN EXCESS OF THE FAIR
MARKET VALUE OF SUCH 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
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;
  (G) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS, OR OTHER PRINTED CAMPAIGN
MATERIALS; AND
  (H) CONTRIBUTIONS OR TRANSFERS TO A POLITICAL COMMITTEE.
  S 14-310. 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  FAIR  ELECTIONS  BOARD
ELECTING  TO  PARTICIPATE  IN  THE  OPTIONAL PUBLIC FINANCING SYSTEM AND

S. 4705--C                         12

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 FAIR ELECTIONS BOARD IN
ACCORDANCE WITH THE PROVISIONS OF THIS TITLE,  PROVIDED,  HOWEVER,  SUCH
PUBLIC FUNDS SHALL ONLY BE USED FOR QUALIFIED CAMPAIGN EXPENDITURES.
  3.  (A) NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS
UNOPPOSED IN A PRIMARY ELECTION SHALL BE ENTITLED TO  PAYMENT  FROM  THE
FUND FOR QUALIFIED CAMPAIGN EXPENDITURES.
  (B)  WHERE THERE IS A CONTEST IN SUCH PRIMARY FOR THE NOMINATION OF AT
LEAST ONE OTHER PARTY FOR SUCH OFFICE, THE PARTICIPATING COMMITTEE OF AN
UNOPPOSED PARTICIPATING CANDIDATE FOR NOMINATION MAY RAISE AND SPEND  AN
AMOUNT EQUAL TO ONE-HALF THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE,
AS  FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
FUNDS, WITH CONTRIBUTIONS OF UP TO TWO THOUSAND DOLLARS PER CONTRIBUTOR.
SUCH PAYMENT CAN ONLY BE EXPENDED FOR PROPERTY, SERVICES  OR  FACILITIES
USED ON OR BEFORE THE DATE OF SUCH PRIMARY ELECTION.
  4.  THE  FAIR  ELECTIONS  BOARD  SHALL PROMPTLY EXAMINE ALL REPORTS OF
CONTRIBUTIONS TO  DETERMINE  WHETHER,  ON  THEIR  FACE,  THEY  MEET  THE
REQUIREMENTS  FOR  MATCHABLE  CONTRIBUTIONS,  AND SHALL KEEP A RECORD OF
SUCH CONTRIBUTIONS.
  5. THE FAIR ELECTIONS  BOARD  SHALL  PROMULGATE  REGULATIONS  FOR  THE
CERTIFICATION  OF  THE  AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER, FROM
THE FUND ESTABLISHED PURSUANT  TO  SECTION  NINETY-TWO-Y  OF  THE  STATE
FINANCE  LAW, TO A PARTICIPATING CANDIDATE THAT HAS QUALIFIED TO RECEIVE
SUCH PAYMENT. THESE  REGULATIONS  SHALL  INCLUDE  THE  PROMULGATION  AND
DISTRIBUTION  OF FORMS ON WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO BE
REPORTED, THE PERIODS DURING WHICH SUCH REPORTS MUST BE  FILED  AND  THE
VERIFICATION  REQUIRED.  THE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL
MAKE POSSIBLE PAYMENT BY THE FUND WITHIN TWO BUSINESS DAYS AFTER RECEIPT
OF THE REQUIRED FORMS AND VERIFICATIONS.
  S 14-312. CONTRIBUTION AND RECEIPT LIMITATIONS. 1.   IN  ANY  PRIMARY,
SPECIAL  OR GENERAL ELECTION FOR ANY STATEWIDE OFFICE, STATE LEGISLATIVE
OFFICE OR CONSTITUTIONAL CONVENTION DELEGATE NO CONTRIBUTOR MAY  MAKE  A
CONTRIBUTION  TO ANY PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S PARTIC-
IPATING COMMITTEE,  AND  NO  PARTICIPATING  CANDIDATE  OR  PARTICIPATING
COMMITTEE MAY ACCEPT ANY CONTRIBUTION FROM ANY CONTRIBUTOR WHICH, IN THE
AGGREGATE AMOUNT, IS GREATER THAN TWO THOUSAND DOLLARS.
  2.  (A) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE
AS FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT  PUBLIC
FUNDS,  A PARTICIPATING CANDIDATE FOR GOVERNOR OR LIEUTENANT GOVERNOR IN
A PRIMARY OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING  COMMIT-
TEE  MAY  ACCEPT  FROM A STATE CONSTITUTED COMMITTEE WHICH HAS NOMINATED
SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE,  DOES  NOT
EXCEED  TWO  MILLION  FIVE  HUNDRED THOUSAND DOLLARS; PROVIDED, HOWEVER,
THAT TWENTY-FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A
TRANSFER.
  (B) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE  AS
FIXED  BY  THIS  TITLE  FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
FUNDS, A PARTICIPATING CANDIDATE FOR ATTORNEY GENERAL OR COMPTROLLER  IN

S. 4705--C                         13

A  PRIMARY OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING COMMIT-
TEE MAY ACCEPT FROM A STATE CONSTITUTED COMMITTEE  WHICH  HAS  NOMINATED
SUCH  CANDIDATE  SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT
EXCEED  ONE MILLION DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE PERCENT
OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (C) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE  AS
FIXED  BY  THIS  TITLE  FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
FUNDS, A PARTICIPATING CANDIDATE FOR STATE SENATOR IN A PRIMARY, GENERAL
OR SPECIAL ELECTION OR  SUCH  CANDIDATE'S  PARTICIPATING  COMMITTEE  MAY
ACCEPT  FROM  A  STATE  CONSTITUTED  COMMITTEE  WHICH HAS NOMINATED SUCH
CANDIDATE SERVICES IN   AN AMOUNT WHICH,  IN  THE  AGGREGATE,  DOES  NOT
EXCEED ONE HUNDRED THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE
PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (D)  NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS
FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE  ELECTED  TO  ACCEPT  PUBLIC
FUNDS,  A PARTICIPATING CANDIDATE FOR MEMBER OF THE ASSEMBLY IN A PRIMA-
RY, GENERAL  OR  SPECIAL  ELECTION  OR  SUCH  CANDIDATE'S  PARTICIPATING
COMMITTEE  MAY ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS NOMI-
NATED SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES
NOT EXCEED FIFTY THOUSAND DOLLARS; PROVIDED, HOWEVER,  THAT  TWENTY-FIVE
PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (E)  NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS
FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE  ELECTED  TO  ACCEPT  PUBLIC
FUNDS,  A  PARTICIPATING  CANDIDATE FOR DELEGATE AT-LARGE TO A CONSTITU-
TIONAL CONVENTION IN A GENERAL ELECTION OR SUCH CANDIDATE'S  PARTICIPAT-
ING  COMMITTEE  MAY  ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS
NOMINATED SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE  AGGREGATE,
DOES  NOT EXCEED FIFTY THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-
FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (F) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE  AS
FIXED  BY  THIS  TITLE  FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
FUNDS, A PARTICIPATING CANDIDATE FOR DISTRICT DELEGATE  TO  A  CONSTITU-
TIONAL  CONVENTION IN A GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPAT-
ING COMMITTEE MAY ACCEPT FROM A STATE CONSTITUTED  COMMITTEE  WHICH  HAS
NOMINATED  SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE,
DOES  NOT  EXCEED  TEN  THOUSAND  DOLLARS;   PROVIDED,   HOWEVER,   THAT
TWENTY-FIVE  PERCENT  OF  SUCH  AMOUNT  MAY BE ACCEPTED IN THE FORM OF A
TRANSFER.
  (G) FOR PURPOSES OF  THIS  SUBDIVISION,  THE  TERM  STATE  CONSTITUTED
COMMITTEE INCLUDES ANY OF ITS SUBCOMMITTEES.
  3. NOTWITHSTANDING ANY PUBLIC FUNDS RECEIPT LIMIT IN THIS SUBDIVISION,
EACH  COUNTY  COMMITTEE  OF  ANY  PARTY  WHICH NOMINATES A CANDIDATE FOR
STATEWIDE OFFICE OR STATE LEGISLATIVE OFFICE, INCLUDING WITHIN THE  TERM
COUNTY COMMITTEE ANY OF ITS SUBCOMMITTEES, MAY EXPEND IN SUPPORT OF SUCH
PARTY'S  CANDIDATES FOR STATEWIDE OFFICE OR STATE LEGISLATIVE OFFICE WHO
HAS AGREED TO ACCEPT PUBLIC FINANCING, AN AMOUNT WHICH SHALL NOT  EXCEED
THE  SUM OF TWO CENTS FOR EACH VOTER REGISTERED IN SUCH COUNTY AS DETER-
MINED BY THE RECORDS OF THE APPROPRIATE BOARD OF  ELECTIONS  AS  OF  THE
PRECEDING GENERAL ELECTION.
  4.  IN  COMPUTING  THE  AGGREGATE AMOUNT EXPENDED FOR PURPOSES OF THIS
SECTION, EXPENDITURES MADE BY A STATE CONSTITUTED COMMITTEE OR A  COUNTY
COMMITTEE IN SUPPORT OF MORE THAN ONE CANDIDATE SHALL BE ALLOCATED AMONG
SUCH  CANDIDATES  SUPPORTED BY THE COMMITTEE IN ACCORDANCE WITH FORMULAS
PROMULGATED BY THE FAIR ELECTIONS BOARD OR, IN THE ABSENCE OF SUCH OFFI-
CIAL FORMULAS, IN ACCORDANCE WITH A FORMULA BASED UPON REASONABLE STAND-
ARDS. THE STATEMENTS FILED BY SUCH CONSTITUTED COMMITTEE  IN  ACCORDANCE

S. 4705--C                         14

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 OR THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED
BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS.
  6. EXCEPT FOR THE LIMITATIONS SPECIFICALLY SET FORTH IN THIS  SECTION,
PARTICIPATING  CANDIDATES  SHALL  BE  SUBJECT  TO THE PROVISIONS OF THIS
ARTICLE.
  S 14-314. LIMITATIONS ON THE RECEIPT OF PUBLIC FUNDS.   THE  FOLLOWING
LIMITATIONS  APPLY  TO  THE  TOTAL  AMOUNT  OF  PUBLIC FUNDS THAT MAY BE
PROVIDED TO A PARTICIPATING  CANDIDATE'S  AUTHORIZED  COMMITTEE  FOR  AN
ELECTION CYCLE:
  1.  IN  ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS BY PARTICIPATING
CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
  (I) FOR GOVERNOR, THE SUM OF NINE MILLION DOLLARS;
  (II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
OF SIX MILLION DOLLARS;
  (III) FOR SENATOR, THE SUM OF THREE HUNDRED FIFTY THOUSAND DOLLARS;
  (IV) FOR MEMBER OF THE ASSEMBLY, THE SUM OF ONE HUNDRED FIFTY THOUSAND
DOLLARS;
  (V) FOR AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION, THE  SUM  OF
ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS;
  (VI) FOR DISTRICT DELEGATES TO A CONSTITUTIONAL CONVENTION, THE SUM OF
FIFTY THOUSAND DOLLARS;
  2.  IN  ANY  GENERAL  OR  SPECIAL ELECTION, RECEIPT OF PUBLIC FUNDS BY
PARTICIPATING CANDIDATES FOR THE FOLLOWING OFFICES AND BY THEIR  PARTIC-
IPATING COMMITTEES SHALL NOT EXCEED THE FOLLOWING AMOUNTS:
  CANDIDATES FOR ELECTION TO THE OFFICE OF:
  GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED)                $12,000,000
  ATTORNEY GENERAL                                           $8,000,000
  COMPTROLLER                                                $8,000,000
  MEMBER OF SENATE                                           $400,000
  MEMBER OF ASSEMBLY                                         $200,000
  DELEGATE AT-LARGE TO A CONSTITUTIONAL CONVENTION           $350,000
  DISTRICT DELEGATE TO A CONSTITUTIONAL CONVENTION           $75,000
  3. PARTICIPATING CANDIDATES FOR OFFICE WHO ARE UNOPPOSED IN THE PRIMA-
RY  ELECTION  MAY  RECEIVE PUBLIC FUNDS BEFORE THE PRIMARY ELECTION, FOR
SERVICES, MATERIALS OR FACILITIES USED ON OR BEFORE  THE  DATE  OF  SUCH
PRIMARY  ELECTION, AN AMOUNT EQUAL TO HALF THE SUM SUCH CANDIDATES WOULD
BE ENTITLED TO RECEIVE IF THEIR NOMINATION WAS CONTESTED IN SUCH PRIMARY
ELECTION PROVIDED THERE IS A PRIMARY CONTEST FOR THE  NOMINATION  OF  AT
LEAST ONE OTHER PARTY FOR SUCH OFFICE.

S. 4705--C                         15

  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 14-312 OF THIS TITLE.
  5.  AT  THE  BEGINNING OF EACH SECOND CALENDAR YEAR, COMMENCING IN TWO
THOUSAND SIXTEEN, THE FAIR ELECTIONS BOARD SHALL DETERMINE THE  PERCENT-
AGE OF THE DIFFERENCE BETWEEN THE MOST RECENT AVAILABLE MONTHLY CONSUMER
PRICE  INDEX  FOR ALL URBAN CONSUMERS PUBLISHED BY THE THE UNITED STATES
BUREAU OF LABOR STATISTICS AND SUCH CONSUMER PRICE INDEX  PUBLISHED  FOR
THE  SAME  MONTH  FOUR YEARS PREVIOUSLY. THE AMOUNT OF EACH PUBLIC FUNDS
RECEIPT LIMITATION FIXED IN THIS SECTION 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 PUBLIC FUND RECEIPT LIMIT AS SO ADJUSTED  SHALL
BE THE PUBLIC FUNDS RECEIPT LIMIT IN EFFECT FOR ANY ELECTION HELD BEFORE
THE NEXT SUCH ADJUSTMENT.
  S  14-316.  FAIR ELECTIONS BOARD; GENERAL POWERS AND DUTIES. 1.  THERE
SHALL BE A BOARD WITHIN THE STATE BOARD OF ELECTIONS KNOWN AS THE  "FAIR
ELECTIONS  BOARD" COMPOSED OF FIVE MEMBERS, OF WHICH ONE MEMBER SHALL BE
APPOINTED BY THE GOVERNOR AND ONE MEMBER  SHALL  BE  APPOINTED  BY  EACH
LEGISLATIVE  LEADER  OF  THE SENATE AND ASSEMBLY.  NO MEMBER OF THE FAIR
ELECTIONS BOARD SHALL HOLD ELECTIVE OFFICE, NOR SHALL ANY  MEMBER  BE  A
LOBBYIST  AS DEFINED IN SUBDIVISION (A) OF SECTION ONE-C OF THE LEGISLA-
TIVE LAW. THE CHAIR SHALL BE RESPONSIBLE FOR MANAGING THE FAIR ELECTIONS
BOARD. THE MEMBERS SHALL EACH SERVE FOR A TERM OF FOUR YEARS.
  2.  THE MEMBERS OF THE FAIR ELECTIONS BOARD SHALL DESIGNATE THE CHAIR-
MAN OF THE FAIR ELECTIONS BOARD FROM  AMONG  THE  MEMBERS  THEREOF,  WHO
SHALL  SERVE  AS  CHAIRMAN  AT  THE  PLEASURE OF THE MEMBERS OF THE FAIR
ELECTIONS BOARD. THE CHAIRMAN OR ANY THREE MEMBERS OF THE FAIR ELECTIONS
BOARD MAY CALL A MEETING.
  3. EACH MEMBER'S TERM SHALL COMMENCE ON JANUARY  FIRST,  TWO  THOUSAND
FIFTEEN.  IN CASE OF A VACANCY IN THE OFFICE OF A MEMBER, A MEMBER SHALL
BE APPOINTED ACCORDING TO  THE  ORIGINAL  MANNER  OF  APPOINTMENT.  EACH
MEMBER  SHALL  BE  A RESIDENT OF THE STATE OF NEW YORK AND REGISTERED TO
VOTE THEREIN. EACH MEMBER SHALL AGREE NOT TO MAKE  AND  SHALL  NOT  MAKE
CONTRIBUTIONS  TO  ANY  CANDIDATE OR AUTHORIZED COMMITTEE FOR NOMINATION
FOR ELECTION. NO MEMBER SHALL SERVE AS AN OFFICER OF A  POLITICAL  PARTY
OR  COMMITTEE  OR  BE  A  CANDIDATE  OR PARTICIPATE IN ANY CAPACITY IN A
CAMPAIGN BY A CANDIDATE FOR  NOMINATION  FOR  ELECTION.  AN  OFFICER  OR
EMPLOYEE  OF THE STATE OR ANY STATE AGENCY SHALL NOT BE ELIGIBLE TO BE A
MEMBER OF THE FAIR ELECTIONS BOARD.
  4. THE MEMBERS OF THE  FAIR  ELECTIONS  BOARD  SHALL  BE  ENTITLED  TO
RECEIVE  PAYMENT  FOR  ACTUAL  AND  NECESSARY  EXPENSES  INCURRED IN THE
PERFORMANCE OF THEIR DUTIES AS MEMBERS OF SUCH BOARD.
  5. A MEMBER OF THE FAIR ELECTIONS BOARD MAY BE REMOVED  FOR  CAUSE  BY
THE APPOINTING AUTHORITY UPON NOTICE AND AN OPPORTUNITY FOR A HEARING.
  6.    THE FAIR ELECTIONS BOARD SHALL APPOINT A COUNSEL, A DEPUTY COUN-
SEL, WHO SHALL BE A MEMBER OF A DIFFERENT MAJOR POLITICAL PARTY THAN THE
COUNSEL, A SPECIAL COUNSEL, A DEPUTY SPECIAL COUNSEL,  WHO  SHALL  BE  A
MEMBER  OF A DIFFERENT MAJOR POLITICAL PARTY THAN THE SPECIAL COUNSEL, 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.   THE FAIR ELECTIONS BOARD MAY UTILIZE
EXISTING STAFF OF THE STATE BOARD OF ELECTIONS AS MAY BE NECESSARY,  AND
MAKE  NECESSARY  EXPENDITURES SUBJECT TO APPROPRIATION, PROVIDED HOWEVER
THAT THE COUNSEL, IN CONSULTATION WITH THE FAIR ELECTIONS  BOARD,  SHALL

S. 4705--C                         16

HAVE  THE AUTHORITY TO HIRE AT LEAST FOUR NEW FAIR ELECTIONS BOARD STAFF
MEMBERS. SUCH FAIR ELECTIONS BOARD STAFF MEMBERS SHALL BE  DEDICATED  TO
TRAINING  AND  ASSISTING  PARTICIPATING CANDIDATES IN COMPLYING WITH THE
REQUIREMENTS  OF  OPTIONAL  PUBLIC  FINANCING  AS PROVIDED FOR UNDER THE
PROVISIONS OF TITLE TWO OF THIS ARTICLE.  THE FAIR ELECTIONS BOARD SHALL
RETAIN AN INDEPENDENT AUDITOR TO PERFORM ONGOING AUDITS OF EACH  COVERED
ELECTION  BY  CONTRACT  ENTERED  INTO  PURSUANT  TO  SECTION ONE HUNDRED
SIXTY-THREE OF THE STATE FINANCE LAW.
  7. THE 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  THIS  SECTION, THE MEMBERS, OR IN THE CASE OF A VACANCY ON THE
FAIR ELECTIONS BOARD, THE MEMBERS, OF EACH OF THE SAME  MAJOR  POLITICAL
PARTY AS THE INCUMBENT COUNSEL, DEPUTY COUNSEL, SHALL APPOINT SUCH COUN-
SELS,  AND  DEPUTIES. ANY VACANCY IN THE OFFICE OF COUNSEL, DEPUTY COUN-
SEL, SPECIAL COUNSEL, SPECIAL DEPUTY COUNSEL, DIRECTOR OF PUBLIC  INFOR-
MATION  AND DEPUTY DIRECTOR OF PUBLIC INFORMATION SHALL BE FILLED BY THE
MEMBERS OF THE FAIR ELECTIONS BOARD OR IN THE CASE OF A VACANCY  ON  THE
BOARD,  THE  MEMBERS  OF  THE SAME MAJOR POLITICAL PARTY AS THE VACATING
INCUMBENT FOR THE REMAINING PERIOD OF THE TERM OF SUCH  VACATING  INCUM-
BENT.
  8. THE FAIR ELECTIONS BOARD SHALL:
  (A)(I)  RENDER  ADVISORY  OPINIONS  WITH  RESPECT TO QUESTIONS ARISING
UNDER THIS ARTICLE UPON THE WRITTEN REQUEST OF A CANDIDATE,  AN  OFFICER
OF A POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITI-
ATIVE;  (II)  PROMULGATE  RULES REGARDING REASONABLE TIMES TO RESPOND TO
SUCH REQUESTS; AND (III) MAKE PUBLIC THE QUESTIONS OF INTERPRETATION FOR
WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE FAIR  ELECTIONS  BOARD
AND ITS ADVISORY OPINIONS, INCLUDING BY PUBLICATION ON ITS WEBSITE;
  (B)  DEVELOP  A  PROGRAM FOR INFORMING AND TRAINING CANDIDATES AND THE
PUBLIC AS TO THE PURPOSE AND EFFECT OF THE  PROVISIONS  OF  THIS  TITLE,
INCLUDING BY MEANS OF A WEBSITE;
  (C)  HAVE  THE  AUTHORITY TO PROMULGATE SUCH RULES AND REGULATIONS AND
PRESCRIBE SUCH FORMS AS THE FAIR ELECTIONS BOARD DEEMS NECESSARY FOR THE
ADMINISTRATION OF THIS TITLE; AND
  (D) IN CONJUNCTION WITH THE STATE BOARD OF ELECTIONS DEVELOP AN INTER-
ACTIVE, SEARCHABLE COMPUTER DATABASE THAT SHALL CONTAIN ALL  INFORMATION
NECESSARY FOR THE PROPER ADMINISTRATION OF THIS TITLE INCLUDING INFORMA-
TION  ON  CONTRIBUTIONS  TO  AND  EXPENDITURES  BY  CANDIDATES AND THEIR
AUTHORIZED COMMITTEES AND DISTRIBUTIONS OF  MONEYS  FROM  THE  FUND  AND
SHALL  BE  ACCESSIBLE  TO  THE  PUBLIC  ON THE STATE BOARD OF ELECTIONS'
WEBSITE.
  9. CONSISTENT WITH THE PROVISIONS OF THE CIVIL SERVICE LAW AND  SUBDI-
VISION  SEVENTEEN  OF  SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW,
AND NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, ALL
POSITIONS ON THE STAFF OF THE FAIR ELECTIONS BOARD SHALL  BE  CLASSIFIED
IN  THE  EXEMPT  CLASS  OF THE CIVIL SERVICE AND SUCH POSITIONS SHALL BE
FILLED, TO THE EXTENT POSSIBLE, WITH AN EQUAL  NUMBER  OF  PERSONS  FROM
EACH  OF  THE  TWO  POLITICAL PARTIES FOR WHICH THE HIGHEST AND THE NEXT
HIGHEST NUMBER OF VOTES WERE CAST FOR THE OFFICE OF STATE COMPTROLLER AT
THE LAST PRECEDING GENERAL ELECTION FOR SUCH OFFICE.
  10. THE FAIR ELECTIONS BOARD'S ADMINISTRATION OF  THE  FUND  SHALL  BE
GOVERNED BY THE PROVISIONS OF THIS TITLE AND SECTION NINETY-TWO-Y OF THE
STATE FINANCE LAW.
  11.  THE FAIR ELECTIONS BOARD AND ITS PROCEEDINGS SHALL BE GOVERNED BY
THE STATE ADMINISTRATIVE PROCEDURE ACT AND SUBJECT TO ARTICLES  SIX  AND
SEVEN OF THE PUBLIC OFFICERS LAW.

S. 4705--C                         17

  12.    FOR THE PURPOSES OF MEETINGS, THREE COMMISSIONERS SHALL CONSTI-
TUTE A QUORUM. THE AFFIRMATIVE VOTE  OF  THREE  COMMISSIONERS  SHALL  BE
REQUIRED FOR ANY ACTION OF THE FAIR ELECTIONS BOARD.
  13. THE FAIR ELECTIONS BOARD MAY TAKE SUCH OTHER ACTIONS AS ARE NECES-
SARY AND PROPER TO CARRY OUT THE PURPOSES OF THIS TITLE.
  S  14-318.  EXAMINATIONS  AND  AUDITS. 1. THE FAIR ELECTIONS BOARD MAY
CONDUCT A THOROUGH EXAMINATION AND PRE-ELECTION AUDIT  OF  THE  CONTRIB-
UTIONS AND QUALIFIED CAMPAIGN EXPENSES OF THE PARTICIPATING COMMITTEE OF
EVERY  PARTICIPATING CANDIDATE WHO RECEIVED PAYMENTS PURSUANT TO SECTION
14-310 OF THIS TITLE.  SUCH AUDITS SHALL BE CONDUCTED AS  FREQUENTLY  AS
THE  FAIR ELECTIONS BOARD DEEMS NECESSARY TO ENSURE COMPLIANCE WITH THIS
TITLE. THE FAIR ELECTIONS BOARD SHALL NOTIFY,  IN  WRITING,  ANY  CANDI-
DATE'S  AUTHORIZED COMMITTEE PRIOR TO THE COMMENCEMENT OF SUCH PRE-ELEC-
TION AUDIT. NO PRE-ELECTION AUDIT SHALL COMMENCE IN THE ABSENCE  OF  THE
NOTICE  REQUIREMENT  OF THIS SUBDIVISION.   EVERY CANDIDATE WHO RECEIVES
PUBLIC MATCHING FUNDS UNDER THIS TITLE SHALL ALSO BE AUDITED BY THE FAIR
ELECTIONS BOARD POST-ELECTION. THE COST OF COMPLYING WITH  A  POST-ELEC-
TION  AUDIT  SHALL  BE  BORNE BY THE CANDIDATE'S AUTHORIZED COMMITTEE. A
CANDIDATE WHO HAS RECEIVED PUBLIC MATCHING FUNDS UNDER THIS  TITLE  MUST
MAINTAIN A RESERVE OF AT LEAST ONE PERCENT OF THE TOTAL AMOUNT OF MATCH-
ING  FUNDS  RECEIVED BY SUCH CANDIDATE IN HIS OR HER CAMPAIGN ACCOUNT TO
COMPLY WITH THE POST-ELECTION AUDIT. A CANDIDATE  WHO  RUNS  IN  BOTH  A
PRIMARY  AND  A GENERAL ELECTION, MUST MAINTAIN A RESERVE OF ONE PERCENT
OF THE TOTAL AMOUNT OF PUBLIC MATCHING FUNDS RECEIVED BY SUCH  CANDIDATE
FOR  BOTH  HIS  OR HER PRIMARY AND GENERAL ELECTION. A CANDIDATE MAY USE
PUBLIC MATCHING FUNDS, PRIVATE FUNDS OR  A  COMBINATION  OF  PUBLIC  AND
PRIVATE  FUNDS  TO COMPLY WITH A POST-ELECTION AUDIT. THE FAIR ELECTIONS
BOARD SHALL ISSUE TO EACH CAMPAIGN AUDITED THE FINAL POST-ELECTION AUDIT
REPORT THAT DETAILS ITS FINDINGS AND SHALL PROVIDE  SUCH  AUDIT  TO  THE
GOVERNOR AND LEGISLATIVE LEADERS AND MAKE SUCH AUDIT REPORT AVAILABLE ON
THE  STATE  BOARD  OF  ELECTIONS'  WEBSITE.    FINAL POST-ELECTION AUDIT
REPORTS SHALL BE COMPLETED NO LATER THAN TWELVE MONTHS AFTER THE DATE OF
THE ELECTION OR ELECTIONS FOR WHICH THE CANDIDATE RECEIVED PUBLIC FUNDS.
THIS AUDIT DEADLINE SHALL NOT APPLY IN CASES INVOLVING  POTENTIAL  CAMP-
AIGN-RELATED  FRAUD,  KNOWING  AND WILLFUL VIOLATIONS OF THIS ARTICLE OR
CRIMINAL ACTIVITY.
  2. (A) IF THE FAIR ELECTIONS 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
ENTITLED PURSUANT TO SECTION 14-310 OF THIS TITLE, IT SHALL NOTIFY  SUCH
COMMITTEE  OF THE EXCESS AMOUNT AND SUCH COMMITTEE SHALL PAY TO THE FAIR
ELECTIONS BOARD AN AMOUNT  EQUAL  TO  THE  AMOUNT  OF  EXCESS  PAYMENTS;
PROVIDED,  HOWEVER,  THAT  IF  THE ERRONEOUS PAYMENT WAS DUE TO AN ERROR
MADE BY THE FAIR ELECTIONS BOARD, THEN THE  ERRONEOUS  PAYMENT  WILL  BE
OFFSET  AGAINST  ANY FUTURE PAYMENT, IF ANY. THE PARTICIPATING CANDIDATE
AND HIS OR HER PARTICIPATING COMMITTEE SHALL BE  JOINTLY  AND  SEVERALLY
LIABLE FOR ANY REPAYMENTS DUE TO THE FAIR ELECTIONS BOARD FOR DEPOSIT BY
SUCH BOARD INTO THE NEW YORK STATE CAMPAIGN FUND.
  (B)  IF  THE  BOARD  DETERMINES  THAT  ANY AMOUNT OF PAYMENT MADE TO A
PARTICIPATING COMMITTEE FROM THE FUND WAS USED FOR PURPOSES  OTHER  THAN
TO  DEFRAY QUALIFIED CAMPAIGN EXPENSES, IT SHALL NOTIFY SUCH PARTICIPAT-
ING COMMITTEE OF THE AMOUNT DISQUALIFIED AND SUCH PARTICIPATING  COMMIT-
TEE  SHALL  PAY  TO  THE  FAIR  ELECTIONS  BOARD AN AMOUNT EQUAL TO SUCH
DISQUALIFIED AMOUNT.  SUCH MONIES SHALL BE DEPOSITED INTO THE  NEW  YORK
STATE  FAIR  ELECTIONS  FUND CREATED PURSUANT TO SECTION NINETY-TWO-Y OF
THE STATE FINANCE LAW.   THE CANDIDATE AND  THE  CANDIDATE'S  AUTHORIZED

S. 4705--C                         18

COMMITTEE  SHALL  BE JOINTLY AND SEVERALLY LIABLE FOR ANY REPAYMENTS DUE
TO THE FAIR ELECTIONS BOARD.
  (C)  IF THE TOTAL OF CONTRIBUTIONS AND PAYMENTS FROM THE FUND RECEIVED
BY  ANY  PARTICIPATING  CANDIDATE  AND  SUCH  CANDIDATE'S  PARTICIPATING
COMMITTEE,  EXCEEDS THE PUBLIC FUNDING RECEIPT LIMITATION OF SUCH CANDI-
DATE AND COMMITTEE, SUCH CANDIDATE AND COMMITTEE SHALL USE  SUCH  EXCESS
FUNDS TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH COMMITTEE FROM
THE  FUND NOT LATER THAN TEN DAYS AFTER ALL PERMISSIBLE LIABILITIES HAVE
BEEN PAID AND IN ANY EVENT, NOT LATER THAN TWENTY DAYS AFTER THE DATE ON
WHICH THE FAIR ELECTIONS BOARD ISSUES ITS FINAL  AUDIT  REPORT  FOR  THE
PARTICIPATING CANDIDATE'S COMMITTEE; PROVIDED, HOWEVER, THAT ALL UNSPENT
MATCHING  FUNDS  FOR  A PARTICIPATING CANDIDATE SHALL BE IMMEDIATELY DUE
AND PAYABLE TO THE FAIR ELECTIONS BOARD FOR DEPOSIT INTO  THE  NEW  YORK
STATE  FAIR  ELECTIONS  FUND UPON ITS DETERMINATION THAT THE PARTICIPANT
WILLFULLY DELAYED  THE  POST-ELECTION  AUDIT  PROCESS.  A  PARTICIPATING
CANDIDATE  MAY  MAKE  POST-ELECTION EXPENDITURES ONLY FOR ROUTINE ACTIV-
ITIES INVOLVING NOMINAL COSTS ASSOCIATED  WITH  ENDING  A  CAMPAIGN  AND
RESPONDING  TO THE POST-ELECTION AUDIT. NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO PROHIBIT THE POST-ELECTION EXPENDITURE OF PUBLIC FUNDS  FOR
DEBTS  INCURRED DURING THE CAMPAIGN FOR WHICH PUBLIC FUNDS WERE ELIGIBLE
TO BE USED.
  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
FAIR ELECTIONS BOARD AN AMOUNT  EQUAL  TO  THE  TOTAL  OF  PUBLIC  FUNDS
RECEIVED BY SUCH PARTICIPATING COMMITTEE.
  4.  THE  BOARD  MUST PROVIDE WRITTEN NOTICE OF ALL PAYMENTS DUE FROM A
PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE TO THE  BOARD  AND
PROVIDE AN OPPORTUNITY FOR THE CANDIDATE OR COMMITTEE TO REBUT, IN WHOLE
OR  IN  PART, THE ALLEGED AMOUNT DUE. UPON A FINAL WRITTEN DETERMINATION
BY THE BOARD, THE AMOUNT DUE SHALL BE PAID TO THE  BOARD  WITHIN  THIRTY
DAYS OF SUCH DETERMINATION.
  5.  ALL  PAYMENTS RECEIVED BY THE BOARD PURSUANT TO THIS SECTION SHALL
BE DEPOSITED IN THE NEW YORK STATE FAIR ELECTIONS  FUND  ESTABLISHED  BY
SECTION NINETY-TWO-Y OF THE STATE FINANCE LAW.
  6.  ANY  ADVICE PROVIDED BY THE STAFF OR MEMBERS OF THE FAIR ELECTIONS
BOARD TO A PARTICIPATING OR NON-PARTICIPATING  CANDIDATE  IN  CONNECTION
WITH  ANY  ACTION  UNDER  THIS  ARTICLE, WHEN RELIED UPON IN GOOD FAITH,
SHALL BE PRESUMPTIVE EVIDENCE THAT SUCH CANDIDATE OR HIS OR HER  COMMIT-
TEE DID NOT KNOWINGLY AND WILLFULLY VIOLATE THE PROVISIONS OF THIS ARTI-
CLE.
  S 14-320. CIVIL ENFORCEMENT. 1. ANY PERSON OR AUTHORIZED COMMITTEE WHO
KNOWINGLY AND WILFULLY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS
OF  THIS  TITLE  SHALL  BE  SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THE
AMOUNT OF FIVE THOUSAND DOLLARS.
  2. ANY PERSON OR AUTHORIZED COMMITTEE WHO KNOWINGLY AND  INTENTIONALLY
VIOLATES ANY OTHER PROVISION OF THIS TITLE OR ANY RULE PROMULGATED HERE-
UNDER  SHALL  BE  SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THE AMOUNT OF
TEN THOUSAND DOLLARS.
  3. FINES AUTHORIZED UNDER THIS SECTION WILL BE  IMPOSED  BY  THE  FAIR
ELECTIONS  BOARD  AFTER A HEARING AT WHICH THE SUBJECT PERSON OR AUTHOR-
IZED COMMITTEE SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD.  SUCH  HEARING
SHALL  BE  HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY BE PRESCRIBED
BY THE RULES OF THE FAIR ELECTIONS BOARD.  FOR  PURPOSES  OF  CONDUCTING

S. 4705--C                         19

SUCH  HEARINGS, THE FAIR ELECTIONS BOARD SHALL BE DEEMED TO BE AN AGENCY
WITHIN THE MEANING OF ARTICLE THREE OF THE STATE  ADMINISTRATIVE  PROCE-
DURE  ACT  AND  SHALL  ADOPT RULES GOVERNING THE CONDUCT OF ADJUDICATORY
PROCEEDINGS  AND  APPEALS TAKEN PURSUANT TO A PROCEEDING COMMENCED UNDER
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND  RULES  RELATING  TO
THE ASSESSMENT OF THE CIVIL PENALTIES HEREIN AUTHORIZED.
  4.  THE  FAIR  ELECTIONS  BOARD  SHALL  PUBLISH  ON THE STATE BOARD OF
ELECTIONS' WEBSITE THE  FINAL  ORDER  ADJUDICATING  ANY  MATTER  BROUGHT
PURSUANT TO THIS SECTION.
  5.  ALL PAYMENTS RECEIVED BY THE FAIR ELECTIONS BOARD PURSUANT TO THIS
SECTION SHALL BE DEPOSITED IN THE NEW YORK  STATE  FAIR  ELECTIONS  FUND
ESTABLISHED BY SECTION NINETY-TWO-Y OF THE STATE FINANCE LAW.
  S 14-322. CRIMINAL PENALTIES. 1. ANY PERSON WHO KNOWINGLY AND WILLFUL-
LY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS OF THIS TITLE WITH-
IN  TEN  DAYS AFTER THE DATE PROVIDED FOR SUCH, OR ANYONE THAT KNOWINGLY
AND WILLFULLY VIOLATES ANY OTHER PROVISION OF THIS TITLE SHALL BE GUILTY
OF A MISDEMEANOR AND, IN ADDITION TO SUCH  OTHER  PENALTIES  AS  MAY  BE
PROVIDED  BY LAW, SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT OF
TEN THOUSAND DOLLARS.
  2. ANY PERSON WHO KNOWINGLY AND WILLFULLY CONTRIBUTES, ACCEPTS OR AIDS
OR PARTICIPATES IN THE CONTRIBUTION OR ACCEPTANCE OF A  CONTRIBUTION  IN
AN  AMOUNT  EXCEEDING  AN  APPLICABLE  MAXIMUM SPECIFIED IN THIS ARTICLE
SHALL BE GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A FINE  NOT  TO
EXCEED THE AMOUNT OF TEN THOUSAND DOLLARS.
  3.  ANY  PERSON WHO KNOWINGLY AND WILLFULLY MAKES A FALSE STATEMENT OR
KNOWINGLY OMITS A MATERIAL FACT TO THE FAIR ELECTIONS BOARD OR AN  AUDI-
TOR  DESIGNATED  BY  THE FAIR ELECTIONS BOARD DURING ANY AUDIT CONDUCTED
PURSUANT TO SECTION 14-318 OF THIS TITLE SHALL BE GUILTY OF  A  CLASS  E
FELONY.
  4.  IN  ADDITION TO ANY OTHER SENTENCE LAWFULLY IMPOSED UPON A FINDING
OF GUILT IN A CRIMINAL PROSECUTION COMMENCED PURSUANT TO THE  PROVISIONS
OF  THIS  SECTION,  THE COURT MAY ORDER A DEFENDANT TO REPAY TO THE FAIR
ELECTIONS BOARD ANY PUBLIC MATCHING FUNDS OBTAINED AS A  RESULT  OF  ANY
CRIMINAL CONDUCT.
  5.  ALL  SUCH PROSECUTIONS FOR CRIMINAL ACTS UNDER THIS TITLE SHALL BE
PROSECUTED BY THE ATTORNEY GENERAL OF THE STATE OF NEW YORK.
  6. ANY AND ALL FINES IMPOSED PURSUANT TO THIS SECTION  SHALL  BE  MADE
PAYABLE  TO THE FAIR ELECTIONS BOARD FOR DEPOSIT INTO THE NEW YORK STATE
FAIR ELECTIONS FUND.
  S 14-324. REPORTS. THE FAIR ELECTIONS BOARD SHALL SUBMIT A  REPORT  TO
THE  GOVERNOR  AND  LEGISLATIVE LEADERS ON OR BEFORE FEBRUARY FIRST, TWO
THOUSAND SIXTEEN, AND EVERY FOUR YEARS THEREAFTER, WHICH SHALL INCLUDE:
  1. A LIST OF THE  PARTICIPATING  AND  NONPARTICIPATING  CANDIDATES  IN
COVERED  ELECTIONS  AND  THE  VOTES  RECEIVED BY EACH CANDIDATE IN THOSE
ELECTIONS;
  2. THE AMOUNT OF CONTRIBUTIONS AND LOANS  RECEIVED,  AND  EXPENDITURES
MADE, ON BEHALF OF PARTICIPATING AND NONPARTICIPATING CANDIDATES;
  3.  THE  AMOUNT  OF PUBLIC MATCHING FUNDS EACH PARTICIPATING CANDIDATE
RECEIVED, SPENT, AND REPAID PURSUANT TO THIS ARTICLE;
  4. ANALYSIS OF THE EFFECT OF THIS TITLE ON THE ELECTION CAMPAIGNS  FOR
ALL  OFFICES  COVERED  UNDER SECTION 14-306 OF THIS TITLE, INCLUDING ITS
EFFECT ON THE SOURCES AND AMOUNTS OF PRIVATE  FINANCING,  THE  LEVEL  OF
CAMPAIGN  EXPENDITURES,  VOTER  PARTICIPATION, THE NUMBER OF CANDIDATES,
THE CANDIDATES' ABILITIES TO CAMPAIGN EFFECTIVELY FOR PUBLIC OFFICE, AND
THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;

S. 4705--C                         20

  5. RECOMMENDATIONS FOR CHANGES OR AMENDMENTS TO THIS TITLE,  INCLUDING
CHARGES IN CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY AND LIMITS ON
TOTAL  MATCHING  FUNDS  AS  WELL AS INSTITUTING A PROGRAM OF FULL PUBLIC
CAMPAIGN FINANCING FOR ELECTION FOR ALL STATEWIDE OFFICES; AND
  6. ANY OTHER INFORMATION THAT THE FAIR ELECTIONS BOARD DEEMS RELEVANT.
  S  14-326.  DEBATES.  THE  FAIR ELECTIONS BOARD SHALL PROMULGATE REGU-
LATIONS TO FACILITATE DEBATES AMONG PARTICIPATING CANDIDATES.    PARTIC-
IPATING  CANDIDATES  ARE  REQUIRED TO PARTICIPATE IN AT LEAST ONE DEBATE
BEFORE THE PRIMARY ELECTION AND IN AT LEAST ONE DEBATE BEFORE THE GENER-
AL ELECTION FOR WHICH THE CANDIDATE RECEIVES PUBLIC  FUNDS,  UNLESS  THE
PARTICIPATING  CANDIDATE IS RUNNING UNOPPOSED. A NONPARTICIPATING CANDI-
DATE MAY BE A PARTY TO SUCH DEBATES.
  S 14-328. DISTRIBUTIONS FROM FAIR  ELECTIONS  FUND.  1.  THIS  SECTION
GOVERNS  THE FAIR ELECTIONS BOARD'S DISTRIBUTION  OF FUNDS FROM THE FAIR
ELECTIONS FUND CREATED BY SECTION NINETY-TWO-Y OF THE STATE FINANCE LAW,
EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE.
  2. NO MONEYS SHALL BE PAID TO PARTICIPATING CANDIDATES  IN  A  PRIMARY
ELECTION ANY EARLIER THAN TWO WEEKS AFTER THE LAST DAY TO FILE DESIGNAT-
ING PETITIONS FOR SUCH PRIMARY ELECTION.
  3.  NO  MONEYS  SHALL BE PAID TO PARTICIPATING CANDIDATES IN A GENERAL
ELECTION ANY EARLIER THAN A WEEK AFTER  THE  PRIMARY  ELECTION  HELD  TO
NOMINATE CANDIDATES FOR SUCH ELECTION.
  4. NO MONEYS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO HAS BEEN
DISQUALIFIED  BY THE FAIR ELECTIONS BOARD OR WHOSE DESIGNATING PETITIONS
HAVE BEEN DECLARED INVALID BY THE STATE BOARD OF ELECTIONS OR A COURT OF
COMPETENT JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED  BY  AN
APPELLATE COURT.
  5.  NO  PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDIDATE OR
SUCH A CANDIDATE'S AUTHORIZED COMMITTEE ON THE DATE  OF  SUCH  DISQUALI-
FICATION  OR  INVALIDATION  MAY  THEREAFTER  BE EXPENDED FOR ANY PURPOSE
EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE THAT DATE. ALL  EXCESS
PUBLIC  MONEYS PAID TO A DISQUALIFIED CANDIDATE SHALL BE RETURNED TO THE
FUND NOT LESS THAN THIRTY DAYS AFTER  THE  GENERAL  ELECTION  FOR  THOSE
PARTICIPATING  CANDIDATES  WHO  RECEIVED  PUBLIC  MONEYS FOR THE GENERAL
ELECTION, AND OTHERWISE, NOT LESS THAN THIRTY  DAYS  AFTER  THE  PRIMARY
ELECTION  FOR  THOSE PARTICIPATING CANDIDATES WHO RECEIVED PUBLIC MONEYS
SOLELY FOR THE PRIMARY ELECTION.
  6. (A) PARTICIPATING CANDIDATES SHALL PAY TO THE FAIR ELECTIONS  BOARD
UNSPENT  PUBLIC  CAMPAIGN  FUNDS  FROM AN ELECTION NOT LATER THAN THIRTY
DAYS AFTER ALL LIABILITIES FOR THE ELECTION HAVE BEEN PAID AND,  IN  ANY
EVENT,  NOT  LESS  THAN  TWENTY  DAYS AFTER THE DATE UPON WHICH THE FAIR
ELECTIONS BOARD ISSUES ITS FINAL  AUDIT  REPORT  FOR  THE  PARTICIPATING
CANDIDATE'S  COMMITTEE;  PROVIDED,  HOWEVER,  THAT  ALL  UNSPENT  PUBLIC
CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE SHALL  BE  IMMEDIATELY  DUE
AND  PAYABLE TO THE FAIR ELECTIONS BOARD UPON ITS DETERMINATION THAT THE
PARTICIPATING CANDIDATE HAS, WITHOUT JUST CAUSE, DELAYED THE  POST-ELEC-
TION  AUDIT  PROCESS.  UNSPENT CAMPAIGN FUNDS DETERMINATIONS MADE BY THE
FAIR ELECTIONS BOARD SHALL  BE  BASED  ON  THE  PARTICIPATING  CANDIDATE
COMMITTEE'S RECEIPTS AND EXPENDITURES. THE FAIR ELECTIONS BOARD MAY ALSO
CONSIDER  ANY  OTHER  RELEVANT INFORMATION REVEALED IN THE COURSE OF ITS
AUDITS OR INVESTIGATIONS OR THE INVESTIGATIONS BY ANY OTHER AGENCY.
  (B)(I) A PARTICIPATING CANDIDATE MAY NOT USE RECEIPTS FOR ANY  PURPOSE
OTHER  THAN  DISBURSEMENTS  IN  THE PRECEDING ELECTION UNTIL ALL UNSPENT
PUBLIC CAMPAIGN FUNDS HAVE BEEN REPAID. A PARTICIPATING CANDIDATE  SHALL
HAVE THE BURDEN OF DEMONSTRATING THAT A POST-ELECTION EXPENDITURE IS FOR
THE PRECEDING ELECTION.

S. 4705--C                         21

  (II)  BEFORE  REPAYING  UNSPENT PUBLIC CAMPAIGN FUNDS, A PARTICIPATING
CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES ONLY  FOR  ROUTINE  ACTIV-
ITIES  INVOLVING NOMINAL COSTS ASSOCIATED WITH WINDING UP A CAMPAIGN AND
RESPONDING TO THE POST-ELECTION AUDIT. SUCH  EXPENDITURES  MAY  INCLUDE:
PAYMENT  OF  UTILITY  BILLS  AND  RENT;  REASONABLE  STAFF  SALARIES AND
CONSULTANT FEES FOR RESPONDING  TO  A  POST-ELECTION  AUDIT;  REASONABLE
MOVING  EXPENSES  RELATED  TO  CLOSING A CAMPAIGN OFFICE; A HOLIDAY CARD
MAILING TO CONTRIBUTORS, CAMPAIGN VOLUNTEERS, AND STAFF  MEMBERS;  THANK
YOU  NOTES  FOR  CONTRIBUTORS,  CAMPAIGN  VOLUNTEERS, AND STAFF MEMBERS;
PAYMENT OF TAXES AND  OTHER  REASONABLE  EXPENSES  FOR  COMPLIANCE  WITH
APPLICABLE  TAX  LAWS;  AND  INTEREST  EXPENSES.  ROUTINE  POST-ELECTION
EXPENDITURES THAT MAY BE PAID FOR WITH UNSPENT  CAMPAIGN  FUNDS  DO  NOT
INCLUDE  SUCH ITEMS AS POST-ELECTION MAILINGS OTHER THAN AS SPECIFICALLY
PROVIDED FOR IN THIS SUBPARAGRAPH; MAKING  CONTRIBUTIONS;  MAKING  BONUS
PAYMENTS OR GIFTS TO STAFF MEMBERS OR VOLUNTEERS; OR HOLDING ANY POST-E-
LECTION DAY EVENT, INCLUDING, BUT NOT LIMITED TO, ANY MEAL OR ANY PARTY.
UNSPENT  CAMPAIGN  FUNDS  MAY NOT BE USED FOR TRANSITION OR INAUGURATION
ACTIVITIES.
  7. ALL MONIES RECEIVED BY THE FAIR ELECTIONS BOARD  PURSUANT  TO  THIS
SECTION  SHALL  BE DEPOSITED INTO THE NEW YORK STATE FAIR ELECTIONS FUND
PURSUANT TO SECTION NINETY-TWO-Y OF THE STATE FINANCE LAW.
  8. ANY CANDIDATE WHO ACCEPTS A CONTRIBUTION OR CONTRIBUTIONS IN EXCESS
OF THE LIMITS SET FORTH IN SECTION 14-312 OF THIS TITLE, PRIOR TO ELECT-
ING TO PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEM, AS SET FORTH
BY PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION  14-306  OF  THIS  TITLE,
SHALL  HAVE  HIS OR HER TOTAL PUBLIC MATCHING FUND GRANT REDUCED BY SUCH
EXCESS AMOUNT. SUCH AMOUNT SHALL BE DEDUCTED BEGINNING  FROM  THE  FIRST
ALLOWABLE  DISBURSEMENT  FROM  THE  FUND  UNTIL  SUCH  EXCESS  AMOUNT IS
REACHED, AT WHICH POINT THE PUBLIC FUND DISBURSEMENT SHALL  BE  PROVIDED
TO THE CANDIDATE CONSISTENT WITH THE PROVISIONS OF THIS SECTION.
  S  16.  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 14-306 OF THIS CHAPTER AND ANY QUESTION
OR ISSUE RELATING TO PAYMENTS FOR QUALIFIED CAMPAIGN EXPENDITURES PURSU-
ANT TO SECTION 14-310 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  14-310
OF  THIS CHAPTER SHALL BE INSTITUTED WITHIN SEVEN DAYS AFTER SUCH DETER-
MINATION WAS MADE. THE FAIR ELECTIONS BOARD SHALL BE MADE A PARTY TO ANY
SUCH PROCEEDING.
  3. UPON THE FAIR ELECTIONS BOARD'S FAILURE TO RECEIVE THE  AMOUNT  DUE
FROM  A  PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE AFTER THE
ISSUANCE OF WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED  BY  SUBDIVI-
SION FOUR OF SECTION 14-318 OF THIS CHAPTER, SUCH BOARD IS AUTHORIZED TO
INSTITUTE  A SPECIAL PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY
COUNTY, TO OBTAIN A JUDGMENT FOR ANY AMOUNTS DETERMINED TO BE PAYABLE TO
THE FAIR ELECTIONS BOARD AS A RESULT OF AN EXAMINATION  AND  AUDIT  MADE
PURSUANT TO TITLE TWO OF ARTICLE FOURTEEN OF THIS CHAPTER.
  4.  THE  FAIR  ELECTIONS  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 FAIR
ELECTIONS BOARD PURSUANT TO SECTION 14-318 OF THIS CHAPTER.

S. 4705--C                         22

  S 17. The election law is amended by adding a  new  section  4-115  to
read as follows:
  S  4-115. NOTICE TO THE STATE BOARD OF ELECTIONS OF CANDIDATES FOR THE
LEGISLATURE. 1. EACH BOARD OF ELECTIONS WITH WHICH PETITIONS  ARE  FILED
FOR MEMBER OF THE STATE LEGISLATURE SHALL, NOT LATER THAN ONE WEEK AFTER
THE  LAST  DAY TO FILE SUCH PETITIONS, SEND NOTICE TO THE STATE BOARD OF
ELECTIONS OF SUCH INFORMATION ABOUT EACH  SUCH  PETITION  AS  THE  STATE
BOARD SHALL REQUIRE.
  2.  EACH  SUCH COUNTY BOARD OF ELECTIONS SHALL, NOT LATER THAN THE DAY
AFTER THE LAST DAY TO FILE A PETITION OR CERTIFICATE OF NOMINATION FOR A
GENERAL OR SPECIAL ELECTION OR A CERTIFICATE OF ACCEPTANCE,  DECLINATION
OR  SUBSTITUTION FOR A GENERAL, PRIMARY OR SPECIAL ELECTION FOR ANY SUCH
OFFICE, SEND TO THE STATE BOARD OF ELECTIONS SUCH INFORMATION ABOUT EACH
SUCH PETITION OR CERTIFICATE AS THE STATE BOARD SHALL REQUIRE.
  3. IF ANY SUCH COUNTY BOARD OF ELECTIONS SHOULD  DISQUALIFY  ANY  SUCH
CANDIDATE  OR RULE THE PETITION OR CERTIFICATE DESIGNATING OR NOMINATING
ANY SUCH CANDIDATE INVALID, IT SHALL FORTHWITH NOTIFY THE STATE BOARD OF
ELECTIONS OF SUCH DECISION.
  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  18.  The  general  business  law is amended by adding a new section
359-gg to read as follows:
  S 359-GG. ADDITIONAL SURCHARGE. IN ADDITION TO ANY PENALTY  AUTHORIZED
BY  SECTION THREE HUNDRED FIFTY-NINE-G OF THIS ARTICLE OR ANY DAMAGES OR
OTHER COMPENSATION  RECOVERABLE  INCLUDING,  BUT  NOT  LIMITED  TO,  ANY
SETTLEMENT  AUTHORIZED  BY  SECTION  SIXTY-THREE OR SIXTY-THREE-C OF THE
EXECUTIVE LAW, THERE SHALL BE ASSESSED THEREON AN  ADDITIONAL  SURCHARGE
IN  THE  AMOUNT  OF  TEN  PERCENT  OF  THE TOTAL AMOUNT OF SUCH PENALTY,
DAMAGES OR SETTLEMENT. SUCH SURCHARGE SHALL BE DEPOSITED IN THE NEW YORK
STATE FAIR ELECTIONS FUND ESTABLISHED BY  SECTION  NINETY-TWO-Y  OF  THE
STATE FINANCE LAW.
  S 19. The state finance law is amended by adding a new section 92-y to
read as follows:
  S  92-Y. NEW YORK STATE FAIR ELECTIONS FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE CUSTODY OF THE COMMISSIONER  OF  TAXATION  AND  FINANCE  A
SPECIAL FUND TO BE KNOWN AS THE NEW YORK STATE FAIR ELECTIONS FUND.
  2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE SURCHARGE
IMPOSED  PURSUANT  TO SECTION THREE HUNDRED FIFTY-NINE-GG OF THE GENERAL
BUSINESS LAW, REVENUES  RECEIVED  FROM  FAIR  ELECTIONS  FUND  CHECK-OFF
PURSUANT  TO  SECTION  SIX HUNDRED THIRTY-D OF THE TAX LAW AND ALL OTHER
MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY  OTHER  FUND  OR  SOURCE
PURSUANT  TO  LAW.  NOTHING  CONTAINED IN THIS SECTION SHALL PREVENT THE
STATE FROM RECEIVING GRANTS, GIFTS, BEQUESTS OR VOLUNTARY  CONTRIBUTIONS
FOR  THE  PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING
THEM INTO THE FUND ACCORDING TO LAW. MONIES IN THE FUND  SHALL  BE  KEPT
SEPARATE FROM AND NOT COMMINGLED WITH OTHER FUNDS HELD IN THE CUSTODY OF
THE COMMISSIONER OF TAXATION AND FINANCE.
  3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE  EXPENDED  FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT

S. 4705--C                         23

TO TITLE THREE OF ARTICLE FOURTEEN OF THE ELECTION LAW. MONEYS SHALL  BE
PAID  OUT  OF  THE  FUND  BY THE COMMISSIONER OF TAXATION AND FINANCE ON
VOUCHERS CERTIFIED OR APPROVED BY THE FAIR ELECTIONS  BOARD  ESTABLISHED
PURSUANT  TO TITLE THREE OF ARTICLE FOURTEEN OF THE ELECTION LAW, OR THE
DULY DESIGNATED REPRESENTATIVE OF SUCH BOARD, IN THE  MANNER  PRESCRIBED
BY  LAW,  NOT  MORE THAN ONE WORKING DAY AFTER A VOUCHER DULY CERTIFIED,
APPROVED AND EXECUTED BY SUCH BOARD OR ITS REPRESENTATIVE  IN  THE  FORM
PRESCRIBED  BY  THE  COMMISSIONER OF TAXATION AND FINANCE IS RECEIVED BY
THE COMMISSIONER OF TAXATION AND FINANCE.
  4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  IF,  IN  ANY
STATE  FISCAL  YEAR,  THE  STATE FAIR ELECTIONS FUND LACKS THE AMOUNT OF
MONEY TO PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES  AND  CERTIFIED
OR  APPROVED  BY  THE FAIR ELECTIONS BOARD, ANY SUCH DEFICIENCY SHALL BE
PAID, UPON AUDIT AND WARRANT OF THE STATE COMPTROLLER, FROM FUNDS DEPOS-
ITED IN THE GENERAL FUND OF THE STATE NOT  MORE  THAN  ONE  WORKING  DAY
AFTER SUCH VOUCHER IS RECEIVED BY THE STATE COMPTROLLER.
  5.  COMMENCING  IN TWO THOUSAND SIXTEEN, IF THE SURPLUS IN THE FUND ON
APRIL FIRST OF THE YEAR AFTER  AN  ELECTION  CYCLE  EXCEEDS  TWENTY-FIVE
PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER THE PREVIOUS FOUR YEARS,
THE EXCESS SHALL REVERT TO THE GENERAL FUND OF THE STATE.
  6.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
PRIMARY ELECTION ANY EARLIER THAN THE DAY THAT SUCH CANDIDATE IS  CERTI-
FIED AS BEING ON THE BALLOT FOR SUCH PRIMARY ELECTION.
  7.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF  THE  PRIMARY
ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
  8.  NO  PUBLIC  FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN  DECLARED
INVALID  BY  THE  APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
JURISDICTION UNTIL AND UNLESS SUCH  FINDING  IS  REVERSED  BY  A  HIGHER
AUTHORITY.  NO  PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDI-
DATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON  THE  DATE  OF  SUCH
DISQUALIFICATION  OR  INVALIDATION  MAY  THEREAFTER  BE EXPENDED FOR ANY
PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE. ALL
SUCH MONEYS SHALL BE REPAID TO THE FUND.
  S 20. The tax law is amended by adding a new section 630-d to read  as
follows:
  S  630-D.  CONTRIBUTION TO NEW YORK STATE FAIR ELECTIONS FUND.  EFFEC-
TIVE FOR ANY TAXABLE YEAR COMMENCING ON  OR  AFTER  JANUARY  FIRST,  TWO
THOUSAND  FOURTEEN,  AN  INDIVIDUAL  IN  ANY  TAXABLE  YEAR MAY ELECT TO
CONTRIBUTE TO THE NEW YORK STATE FAIR ELECTIONS FUND. SUCH  CONTRIBUTION
SHALL  BE  IN THE AMOUNT OF FIVE DOLLARS AND SHALL NOT REDUCE THE AMOUNT
OF STATE TAX OWED BY SUCH INDIVIDUAL.  THE  COMMISSIONER  SHALL  INCLUDE
SPACE  ON  THE  PERSONAL  INCOME TAX RETURN TO ENABLE A TAXPAYER TO MAKE
SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW ALL REVEN-
UES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE NEW YORK
STATE FAIR ELECTIONS FUND AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN
SECTION NINETY-TWO-Y OF THE STATE FINANCE LAW.
  S 21. Severability. If any clause, sentence,  subdivision,  paragraph,
section  or  part of title 3 of article 14 of the election law, as added
by section fifteen of this act be adjudged by  any  court  of  competent
jurisdiction  to  be  invalid, such judgment shall not affect, impair or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, subdivision, paragraph, section or part thereof
directly involved in the controversy in which such judgment  shall  have
been rendered.

S. 4705--C                         24

  S  22.  This  act  shall  take  effect immediately; provided, however,
candidates for state comptroller will be eligible to participate in  the
public  financing  system  beginning  with  the 2014 election, all state
legislature candidates will be eligible to  participate  in  the  public
financing  system  beginning with the 2016 election and all state candi-
dates and  constitutional  convention  delegates  will  be  eligible  to
participate  in  the  public  financing  system  beginning with the 2018
election; provided, however, that the amendments to section 3-104 of the
election law made by sections four and  five  of  this  act  shall  take
effect  on  the  same  date and same manner as section 4 of subpart B of
part H of chapter 55 of the laws of 2014, takes effect.

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