senate Bill S5208

2013-2014 Legislative Session

Enacts the 2013 Local 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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Senate Actions - UPPERCASE
Jan 08, 2014 referred to elections
May 14, 2013 referred to elections

S5208 - Bill Details

See Assembly Version of this Bill:
A7123
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Add Art 14 Title 3 §§14-300 - 14-324, add §§16-105 & 4-121, El L; add §92-gg, St Fin L; add §630-d, Tax L

S5208 - Bill Texts

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Enacts the 2013 Local Fair Elections Act.

view sponsor memo
BILL NUMBER:S5208

TITLE OF BILL: An act to amend the election law, in relation to
enacting the "2013 Local Fair Elections Act"; and 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

PURPOSE OR GENERAL IDEA OF BILL:

To provide optional public financing of campaigns for local elected
offices in municipalities and counties with a population of 2,000,000
people or less.

SUMMARY OF SPECIFIC PROVISIONS:

The bill adds a new title to Article 14 to provide for optional public
financing of primary and general election campaigns for local elected
offices, in municipalities and counties with a population of 2,000,000
or less, acting through its local legislative body, may elect to
participate by adopting a resolution. In addition, the public
referendum to require its local government to participate by filing a
petition containing signatures of at least five percent of the voters
registered to vote in the jurisdiction in which the office to be
filled is located.

CRITERIA FOR PARTICIPATION:

To be eligible for public financing, a candidate for nomination or
election to a local office 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:

Candidates for office in municipalities and counties with a population
over 250,000 and up to and including 2,000,000 must collect not less
than $200,000 from at least 2,000 match-able contributions made up
sums of up to $250 per individual contributor who resides in New York
State.

Candidates for office in municipalities and counties with a population
over 150,000 and up to and including 250,000 must collect not less
than $20,000 from at least 200 match able 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 125 individual
contributors who reside in the senate district in which the elective
office is to be filled.

Candidates for office in municipalities and counties with a population
over 25,000 and up to and including 150,000 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 so individual contributors who
reside in the assembly district in which the office is to be filled.


Candidates for office in municipalities and counties with a population
of 25,000 or less 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 municipality or county in which the
office is to be filled.

MATCHABLE CONTRIBUTIONS:

Matchable contributions may be collected after January first of the
year of the primary or general elections Matchable contributions for a
special election, may be collected up to six months before the
election. 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

OTHER PROVISIONS:

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 whose opponents
don't raise or spend 10% of the public funds receipt limit for the
office that they are seeking, are deemed unopposed.

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), for payments in
excess of fair market value, for any expenditure after the candidate
or the candidate's only remaining 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:

County or municipality General Election Primary
Population between $8,000,000
$6,000,00
250,000 and including 2,000,000 $350,000 $350,000
150,000 and including 250,000 $150,000 $150,000
25,000 and including 150,000 $75,000 $75,000
25,000 or less

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
local party committee may make the following expenditures for services
to participating candidates the party has nominated:

Municipalities with a population between:

250,000 up to and including 2,000,000 $1,000,000 150,000 up to and
including 250,000 $100,000 25,000 up to and including 150,000 $50,000
25,000 or less $10,000

ENFORCEMENT:

Enforcement of the new act will be handled by the State Campaign
Finance Board created under the 2013 Pair Elections Act, as proposed
by legislative bill numbers S.4705 and A.4980-B.

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
nonparticipating candidate may be a party to such debates.

SOURCES OF FUNDING:

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

If the local campaign finance fund lacks the money to pay all properly
certified claims, the deficiency will be paid by the local government
where the participating candidate's office to be filled is located.

PENALTIES:

The civil penalty provisions provide that:


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

2) Any person of authorized committee who knowingly and willfully
violates any other provision of the act or any regulations promulgated
thereunder shall be subject to a civil penalty of up to $10,000.

The Criminal penalty provisions provide that:

(1) All prosecutions under the act for criminal acts shall be
prosecuted by the Attorney General.

(2) The failure to make proper campaign finance filings, as required
by the act within 10 days or anyone that willfully violates any other
provision of this act 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.

(3) 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 act shall be guilty
of a misdemeanor and shall be subject to a fine not to exceed the
amount of $10,000.

(4) Any person who knowingly makes a false statement or knowingly
omits a material fact to the campaign finance board or an auditor
designated by the campaign finance board during any audit conducted
pursuant to new section 14-214 or the Election Law shall be guilty of
a class E felony.

(5) 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 campaign
finance board any public matching funds obtained as a result of any
criminal conduct.

JUSTIFICATION:

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

The "matching contribution" 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 minimal fiscal impact to the state as the state finance
campaign board will be set up to administer the state finance campaign
fund for state elections.

LEGISLATIVE HISTORY:

New Bill - 2013

EFFECTIVE DATE:

This act shall take effect on the same date as the 2013 Fair Elections
Act, as proposed in legislative bills numbers S.4705-A and A. 4980-E
takes effect; provided, however candidates will be eligible to
participate in the public financing system beginning with the 2014
election.

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

                                  5208

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 2013
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- 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
  Local  Fair  Elections  Act"; and 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

  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 Local Fair Elections Act".
  S  2.  Legislative findings and declaration.  The legislature declares
that it is in the public interest to create and ensure a truly democrat-
ic political system in which citizens,  irrespective  of  their  income,
status,  or financial connections, are enabled and encouraged to compete
for public office. Therefore, the  legislature  finds  it  necessary  to
establish  a system of public financing for all qualified candidates for
municipal offices.
  S 3. Article 14 of the election law is amended by adding a new title 3
to read as follows:
                                 TITLE III
                         LOCAL PUBLIC FINANCING
SECTION 14-300. DEFINITIONS.
        14-301. OPTION TO PARTICIPATE.
        14-302. REPORTING REQUIREMENTS.
        14-303. ELIGIBILITY.
        14-304. QUALIFIED CAMPAIGN EXPENDITURES.
        14-306. OPTIONAL PUBLIC FINANCING.
        14-308. CONTRIBUTION AND RECEIPT LIMITATIONS.
        14-310. LIMITATIONS ON THE RECEIPT OF PUBLIC FUNDS.
        14-312. CAMPAIGN FINANCE BOARD.
        14-314. EXAMINATIONS AND AUDITS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10356-03-3

S. 5208                             2

        14-316. CIVIL ENFORCEMENT.
        14-318. CRIMINAL PENALTIES.
        14-320. REPORTS.
        14-322. DEBATES.
        14-324. DISTRIBUTIONS FROM CAMPAIGN FINANCE FUND.
  S  14-300.  DEFINITIONS. AS USED IN THIS TITLE, UNLESS ANOTHER MEANING
IS CLEARLY INDICATED:
  1. THE TERM "BOARD"  OR  "CAMPAIGN  FINANCE  BOARD"  MEANS  THE  BOARD
CREATED BY SECTION 14-312 OF THIS TITLE.
  2. THE TERM "ELIGIBLE CANDIDATE" SHALL MEAN A CANDIDATE FOR NOMINATION
OR ELECTION TO ANY MUNICIPAL OFFICE OF ANY LOCAL GOVERNMENT.
  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 14-306 OF THIS TITLE.
  6.  THE  TERM "MATCHABLE CONTRIBUTIONS" SHALL MEAN THAT PORTION OF THE
AGGREGATE CONTRIBUTIONS MADE (A) IN THE CASE OF  A  PRIMARY  OR  GENERAL
ELECTION, AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY OR GENER-
AL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT OR (B) IN THE CASE OF A
SPECIAL  ELECTION, WITHIN SIX MONTHS OF SUCH ELECTION BY NATURAL PERSONS
RESIDENT IN THE STATE OF NEW YORK  TO  A  CANDIDATE  FOR  NOMINATION  OR
ELECTION  TO  ANY OF THE OFFICES COVERED BY THE PROVISIONS OF THIS TITLE
WHICH DO NOT EXCEED TWO HUNDRED FIFTY DOLLARS, WHICH HAVE BEEN  REPORTED
IN  FULL  BY  THE  CANDIDATE'S  PARTICIPATING  COMMITTEE TO THE CAMPAIGN
FINANCE BOARD, INCLUDING THE CONTRIBUTOR'S  FULL  NAME  AND  RESIDENTIAL
ADDRESS.  "MATCHABLE CONTRIBUTIONS" SHALL BE THE NET AMOUNT OF ANY MONE-
TARY CONTRIBUTION REALIZED BY A CANDIDATE OR DESIGNATED COMMITTEE  AFTER
DEDUCTING  THE  REASONABLE  VALUE  OF ANY GOODS OR SERVICES PROVIDED THE
CONTRIBUTOR IN CONNECTION WITH THE CONTRIBUTION,  EXCEPT  THAT  CONTRIB-
UTIONS  FROM  ANY PERSON WHO HAS RECEIVED A PAYMENT OR ANYTHING OF VALUE
FROM SUCH COMMITTEE OR FROM A PERSON WHO  IS  AN  OFFICER,  DIRECTOR  OR
EMPLOYEE  OF,  OR  A  PERSON  WHO HAS A TEN PERCENT OR GREATER OWNERSHIP
INTEREST IN ANY ENTITY WHICH HAS RECEIVED SUCH A  PAYMENT  OR  THING  OF
VALUE  SHALL NOT BE MATCHABLE.  A LOAN MAY NOT BE TREATED AS A MATCHABLE
CONTRIBUTION.
  7. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE
FOR WHICH PUBLIC FUNDS MAY BE USED.
  8. THE TERM "FUND" SHALL MEAN THE LOCAL CAMPAIGN FINANCE FUND  CREATED
BY SECTION NINETY-TWO-GG 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 14-303 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. 5208                             3

  11.  THE  TERM  "ELECTOR"  SHALL MEAN A REGISTERED VOTER OF THIS STATE
REGISTERED TO VOTE IN THE LOCAL GOVERNMENT WHICH IS ELIGIBLE TO  PARTIC-
IPATE IN THE PUBLIC FINANCING SYSTEM ESTABLISHED BY THIS TITLE.
  S  14-301. OPTION TO PARTICIPATE. 1. ANY MUNICIPALITY OR COUNTY HAVING
A POPULATION OF TWO MILLION OR LESS, ACTING THROUGH ITS  LOCAL  LEGISLA-
TIVE BODY, IS HEREBY AUTHORIZED AND EMPOWERED TO ELECT TO PARTICIPATE IN
PUBLIC FINANCING AUTHORIZED BY THIS TITLE BY ADOPTING A RESOLUTION.
  2. PUBLIC REFERENDUM TO PARTICIPATE. THE ELECTORS OF ANY LOCAL GOVERN-
MENT  ELIGIBLE TO PARTICIPATE UNDER SUBDIVISION ONE OF THIS SECTION, MAY
SEEK A PUBLIC REFERENDUM TO REQUIRE ITS LOCAL GOVERNMENT TO  PARTICIPATE
IN PUBLIC FINANCING AUTHORIZED BY THIS TITLE BY FILING AN ORIGINAL PETI-
TION,  CONTAINING  THE SIGNATURES OF AT LEAST FIVE PERCENT OF THE NUMBER
OF ELECTORS IN SUCH LOCAL GOVERNMENT. SUCH PETITION AND REFERENDUM SHALL
BE SUBJECT TO ALL LAWS, RULES AND REGULATIONS APPLICABLE  TO  THE  LOCAL
GOVERNMENT IN WHICH THE ELECTORS ARE SEEKING TO REQUIRE PARTICIPATION IN
THE PUBLIC FINANCING AUTHORIZED BY THIS TITLE.
  S  14-302.  REPORTING  REQUIREMENTS.  1. EVERY PARTICIPATING CANDIDATE
SHALL NOT DESIGNATE MORE THAN ONE AUTHORIZED COMMITTEE. BEFORE RECEIVING
ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR A COVERED ELECTION,  EACH
PARTICIPATING  CANDIDATE  SHALL  NOTIFY THE STATE BOARD OF ELECTIONS AND
THE CAMPAIGN FINANCE BOARD AS TO THE EXISTENCE OF HIS OR HER  AUTHORIZED
COMMITTEE  THAT HAS BEEN DESIGNATED AND APPROVED BY SUCH CANDIDATE. EACH
SUCH  AUTHORIZED  COMMITTEE  SHALL,  BEFORE  OPENING  A  COMMITTEE  BANK
ACCOUNT,  RECEIVING  ANY  CONTRIBUTION  OR  MAKING ANY EXPENDITURE FOR A
COVERED ELECTION:
  (A) DESIGNATE A TREASURER; AND
  (B) OBTAIN A TAX  IDENTIFICATION  NUMBER  FROM  THE  INTERNAL  REVENUE
SERVICE.
  2.  DISCLOSURE. (A) EVERY PARTICIPATING CANDIDATE SHALL FILE FINANCIAL
DISCLOSURE REPORTS WITH THE STATE BOARD  OF  ELECTIONS  AS  REQUIRED  BY
TITLE  ONE OF THIS ARTICLE. COPIES OF SUCH REPORTS SHALL ALSO BE SUBMIT-
TED TO THE CAMPAIGN FINANCE BOARD CREATED PURSUANT TO  THIS  ARTICLE  AT
THE SAME TIME SUCH REPORTS ARE FILED WITH THE STATE BOARD OF ELECTIONS.
  (B)  THE  CAMPAIGN  FINANCE  BOARD SHALL REVIEW EACH DISCLOSURE REPORT
FILED WITH THE STATE BOARD OF ELECTIONS PURSUANT TO TITLE  ONE  OF  THIS
ARTICLE  AND SHALL INFORM PARTICIPATING CANDIDATES AND POLITICAL COMMIT-
TEES INCLUDING THE  AUTHORIZED  COMMITTEE,  OF  RELEVANT  QUESTIONS  THE
CAMPAIGN  FINANCE BOARD HAS CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS
OF THIS TITLE AND OF THE RULES ISSUED BY THE CAMPAIGN FINANCE BOARD; AND
(II) QUALIFICATION FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO  THIS
TITLE.  IN  THE  COURSE OF SUCH REVIEW, THE CAMPAIGN FINANCE BOARD SHALL
GIVE  CANDIDATES  AND  POLITICAL  COMMITTEES  INCLUDING  THE  AUTHORIZED
COMMITTEE, AN OPPORTUNITY TO RESPOND TO AND CORRECT POTENTIAL VIOLATIONS
AND  GIVE  CANDIDATES  AN OPPORTUNITY TO ADDRESS QUESTIONS THE BOARD HAS
CONCERNING THEIR MATCHABLE CONTRIBUTION CLAIMS OR OTHER ISSUES  CONCERN-
ING  ELIGIBILITY  FOR  RECEIVING  PUBLIC MATCHING FUNDS PURSUANT TO THIS
TITLE. NOTHING IN THIS PARAGRAPH SHALL PRECLUDE THE  BOARD  FROM  SUBSE-
QUENTLY  REVIEWING SUCH A DISCLOSURE REPORT AND TAKING ANY ACTION OTHER-
WISE AUTHORIZED BY THIS TITLE.
  (C) ONLY ITEMIZED CONTRIBUTIONS CONTAINED IN REPORTS  FILED  WITH  THE
STATE  BOARD  OF ELECTIONS SHALL BE ELIGIBLE FOR MATCHING FUNDS PURSUANT
TO THIS TITLE.
  S 14-303. 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;

S. 5208                             4

  (B)  BE  A  CANDIDATE  FOR  MUNICIPAL  OFFICE 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 CAMPAIGN FINANCE BOARD ANY
EVIDENCE IT MAY REASONABLY REQUEST  RELATING  TO  HIS  OR  HER  CAMPAIGN
EXPENDITURES OR CONTRIBUTIONS AND FURNISH SUCH OTHER PROOF OF COMPLIANCE
WITH THIS TITLE AS MAY BE REQUESTED BY THE BOARD;
  (E)  HAVE  A  SINGLE  AUTHORIZED  POLITICAL  COMMITTEE WHICH HE OR SHE
CERTIFIES AS THE PARTICIPATING COMMITTEE FOR THE PURPOSES OF THIS TITLE;
AND
  (F) AGREE TO IDENTIFY ACCURATELY IN ALL CAMPAIGN MATERIALS THE  PERSON
OR ENTITY THAT PAID FOR SUCH CAMPAIGN MATERIAL.
  2.  THE THRESHOLD FOR ELIGIBILITY FOR PUBLIC FUNDING FOR CANDIDATES IN
A PRIMARY, GENERAL OR SPECIAL ELECTION FOR COUNTY AND MUNICIPAL  OFFICES
SHALL BE AS FOLLOWS:
  (A)  IN A MUNICIPALITY OR COUNTY WITH A POPULATION BETWEEN TWO HUNDRED
FIFTY THOUSAND AND UP TO AND INCLUDING  TWO  MILLION  IN  A  PRIMARY  OR
GENERAL  ELECTION.    NOT LESS THAN TWO HUNDRED THOUSAND DOLLARS FROM AT
LEAST TWO THOUSAND MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO  TWO
HUNDRED FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK
STATE.
  (B)  IN A MUNICIPALITY OR COUNTY WITH A POPULATION BETWEEN ONE HUNDRED
FIFTY THOUSAND AND UP TO AND INCLUDING TWO HUNDRED FIFTY THOUSAND  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 TWENTY-FIVE INDIVIDUAL CONTRIBUTORS WHO RESIDE IN
THE SENATE DISTRICT IN WHICH THE SEAT IS TO BE FILLED.
  (C) IN A MUNICIPALITY OR COUNTY WITH A POPULATION BETWEEN  TWENTY-FIVE
THOUSAND  AND UP TO AND INCLUDING ONE HUNDRED FIFTY THOUSAND IN A PRIMA-
RY, GENERAL OR SPECIAL ELECTION. NOT LESS THAN TEN THOUSAND DOLLARS FROM
AT LEAST ONE HUNDRED MATCHABLE CONTRIBUTIONS MADE UP OF SUMS  OF  UP  TO
TWO  HUNDRED FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW
YORK STATE INCLUDING AT LEAST FIVE THOUSAND DOLLARS FROM AT LEAST  FIFTY
INDIVIDUALS  WHO RESIDE IN THE ASSEMBLY DISTRICT IN WHICH THE SEAT IS TO
BE FILLED.
  (D)  IN  A  MUNICIPALITY  OR  COUNTY  WITH  A  POPULATION  LESS   THAN
TWENTY-FIVE THOUSAND IN A PRIMARY, GENERAL OR SPECIAL ELECTION. NOT LESS
THAN FIVE THOUSAND DOLLARS FROM AT LEAST FIFTY INDIVIDUALS WHO RESIDE IN
THE COUNTY 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.
  5. CANDIDATES WHO ARE UNOPPOSED IN A GENERAL OR SPECIAL ELECTION SHALL
NOT BE ELIGIBLE TO RECEIVE PUBLIC FUNDS.

S. 5208                             5

  6.  NO  CANDIDATE  FOR  ELECTION TO AN OFFICE IN A PRIMARY, GENERAL OR
SPECIAL ELECTION WHO HAS ELECTED TO PARTICIPATE IN THE PUBLIC  FINANCING
SYSTEM  SHALL BE DEEMED OPPOSED AND RECEIVE PUBLIC FUNDS UNLESS THERE IS
AT LEAST ONE OTHER CANDIDATE FOR SUCH OFFICE IN SUCH ELECTION  AND  SUCH
OTHER  CANDIDATE RAISES AT LEAST TEN PERCENT OF THE PARTICIPATING CANDI-
DATE'S PRIMARY RECEIPT LIMIT.
  S 14-304. QUALIFIED CAMPAIGN EXPENDITURES. 1.  PUBLIC  FUNDS  PROVIDED
UNDER  THE PROVISIONS OF THIS TITLE MAY ONLY BE USED FOR EXPENDITURES BY
THE PARTICIPATING COMMITTEE AUTHORIZED BY THE CANDIDATE TO MAKE EXPENDI-
TURES ON SUCH CANDIDATE'S BEHALF, TO FURTHER THE CANDIDATE'S  NOMINATION
OR  ELECTION  AFTER  JANUARY  FIRST  OF THE YEAR IN WHICH THE PRIMARY OR
GENERAL ELECTION IS HELD FOR THE OFFICE SOUGHT, FOR SERVICES, MATERIALS,
FACILITIES OR OTHER THINGS OF VALUE USED DURING THAT CAMPAIGN CYCLE  OR,
IN  THE  CASE  OF A SPECIAL ELECTION, FOR EXPENDITURES DURING THE PERIOD
COMMENCING THREE MONTHS BEFORE AND ENDING ONE MONTH AFTER  SUCH  SPECIAL
ELECTION.
  2. SUCH PUBLIC FUNDS MAY NOT BE USED FOR:
  (A)  AN EXPENDITURE IN VIOLATION OF ANY LAW OF THE UNITED STATES OR OF
THIS STATE;
  (B) PAYMENTS OR ANYTHING OF VALUE GIVEN OR MADE TO  THE  CANDIDATE,  A
RELATIVE  OF  THE  CANDIDATE,  OR TO A BUSINESS ENTITY IN WHICH ANY SUCH
PERSON HAS A TEN PERCENT OR GREATER OWNERSHIP INTEREST OR OF  WHICH  ANY
SUCH PERSON IS AN OFFICER, DIRECTOR OR EMPLOYEE;
  (C) PAYMENT IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES, MATERIALS,
FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
  (D)  ANY  EXPENDITURE  MADE  AFTER THE PARTICIPATING CANDIDATE, OR THE
ONLY REMAINING OPPONENT OF SUCH CANDIDATE, HAS BEEN DISQUALIFIED OR  HAD
SUCH CANDIDATE'S PETITIONS DECLARED INVALID BY A BOARD OF ELECTIONS OR A
COURT  OF  COMPETENT  JURISDICTION  UNTIL  AND  UNLESS  SUCH  FINDING IS
REVERSED BY A HIGHER AUTHORITY.
  (E) ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION  OF
DESIGNATION  OR NOMINATION OR ANY CERTIFICATE OF NOMINATION, ACCEPTANCE,
AUTHORIZATION, DECLINATION OR SUBSTITUTION;
  (F) EXPENDITURE FOR NONCAMPAIGN RELATED FOOD, DRINK OR  ENTERTAINMENT;
AND
  (G) GIFTS.
  S  14-306.  OPTIONAL PUBLIC FINANCING. 1. PARTICIPATING CANDIDATES FOR
NOMINATION OR ELECTION IN PRIMARY, GENERAL  AND  SPECIAL  ELECTIONS  MAY
OBTAIN PAYMENT TO A PARTICIPATING COMMITTEE FROM PUBLIC FUNDS FOR QUALI-
FIED  CAMPAIGN  EXPENDITURES.  NO  SUCH  PUBLIC FUNDS SHALL BE PAID TO A
PARTICIPATING COMMITTEE UNTIL THE CANDIDATE HAS QUALIFIED TO  APPEAR  ON
THE  BALLOT  AND FILED A SWORN STATEMENT WITH THE CAMPAIGN FINANCE BOARD
ELECTING TO PARTICIPATE IN THE  OPTIONAL  PUBLIC  FINANCING  SYSTEM  AND
AGREEING TO ABIDE BY THE REQUIREMENTS OF THIS TITLE.  PAYMENTS SHALL NOT
EXCEED  THE  AMOUNTS  SPECIFIED IN THIS TITLE, AND SHALL BE MADE ONLY IN
ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. SUCH PAYMENTS MAY ONLY  BE
MADE  TO  A PARTICIPATING CANDIDATE'S PARTICIPATING COMMITTEE. NO PUBLIC
FUNDS SHALL BE USED EXCEPT AS REIMBURSEMENT  OR  PAYMENT  FOR  QUALIFIED
CAMPAIGN  EXPENDITURES  ACTUALLY AND LAWFULLY INCURRED OR TO REPAY LOANS
USED TO PAY QUALIFIED CAMPAIGN EXPENDITURES.
  2. THE PARTICIPATING COMMITTEE OF EACH PARTICIPATING  CANDIDATE  SHALL
BE ENTITLED TO SIX DOLLARS IN PUBLIC FUNDS FOR EACH ONE DOLLAR OF MATCH-
ABLE  CONTRIBUTIONS  OBTAINED AND REPORTED TO THE CAMPAIGN FINANCE BOARD
IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE, PROVIDED, HOWEVER, SUCH
PUBLIC FUNDS SHALL ONLY BE USED FOR QUALIFIED CAMPAIGN EXPENDITURES.

S. 5208                             6

  3. (A) NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO  IS
UNOPPOSED  IN  A  PRIMARY ELECTION SHALL BE ENTITLED TO PAYMENT FROM THE
FUND FOR QUALIFIED CAMPAIGN EXPENDITURES.
  (B)  WHERE THERE IS A CONTEST IN SUCH PRIMARY FOR THE NOMINATION OF AT
LEAST ONE OTHER PARTY FOR SUCH OFFICE, THE PARTICIPATING COMMITTEE OF AN
UNOPPOSED PARTICIPATING CANDIDATE FOR NOMINATION MAY RAISE AND SPEND  AN
AMOUNT EQUAL TO ONE-HALF THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE,
AS  FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
FUNDS, WITH CONTRIBUTIONS OF UP TO TWO THOUSAND DOLLARS PER CONTRIBUTOR.
SUCH PAYMENT CAN ONLY BE EXPENDED FOR PROPERTY, SERVICES  OR  FACILITIES
USED ON OR BEFORE THE DATE OF SUCH PRIMARY ELECTION.
  4.  THE  CAMPAIGN  FINANCE BOARD SHALL PROMPTLY EXAMINE ALL REPORTS OF
CONTRIBUTIONS TO  DETERMINE  WHETHER,  ON  THEIR  FACE,  THEY  MEET  THE
REQUIREMENTS  FOR  MATCHABLE  CONTRIBUTIONS,  AND SHALL KEEP A RECORD OF
SUCH CONTRIBUTIONS.
  5. THE CAMPAIGN FINANCE BOARD SHALL  PROMULGATE  REGULATIONS  FOR  THE
CERTIFICATION  OF  THE  AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER, FROM
THE FUND ESTABLISHED PURSUANT TO  SECTION  NINETY-TWO-GG  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 14-308. CONTRIBUTION AND RECEIPT LIMITATIONS.   1. IN  ANY  PRIMARY,
SPECIAL  OR GENERAL ELECTION FOR ANY MUNICIPAL OFFICE NO CONTRIBUTOR MAY
MAKE A CONTRIBUTION TO ANY PARTICIPATING CANDIDATE OR SUCH PARTICIPATING
CANDIDATE'S 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 MUNICIPAL OFFICE IN A MUNICIPALITY
OR COUNTY WITH A POPULATION BETWEEN TWO HUNDRED FIFTY THOUSAND AND UP TO
AND INCLUDING TWO MILLION IN A  PRIMARY  OR  GENERAL  ELECTION  OR  SUCH
CANDIDATE'S  PARTICIPATING COMMITTEE MAY ACCEPT FROM ITS LOCAL 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.
  (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 MUNICIPAL OFFICE IN A MUNICIPALITY
OR COUNTY WITH A POPULATION BETWEEN ONE HUNDRED FIFTY THOUSAND AND UP TO
AND INCLUDING TWO HUNDRED  FIFTY  THOUSAND  IN  A  PRIMARY,  GENERAL  OR
SPECIAL  ELECTION OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE MAY ACCEPT
FROM ITS LOCAL 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.
  (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 MUNICIPAL OFFICE IN A MUNICIPALITY
OR COUNTY WITH A POPULATION BETWEEN TWENTY-FIVE THOUSAND AND UP  TO  AND
INCLUDING  ONE  HUNDRED  FIFTY THOUSAND IN A PRIMARY, GENERAL OR SPECIAL

S. 5208                             7

ELECTION OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE MAY ACCEPT  FROM  A
LOCAL  PARTY COMMITTEE WHICH HAS NOMINATED SUCH CANDIDATE SERVICES IN AN
AMOUNT WHICH, IN THE AGGREGATE, DOES NOT EXCEED FIFTY THOUSAND  DOLLARS;
PROVIDED,  HOWEVER,  THAT  TWENTY-FIVE  PERCENT  OF  SUCH  AMOUNT MAY BE
ACCEPTED IN THE FORM OF A TRANSFER.
  (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 MUNICIPAL OFFICE IN A  MUNICIPALITY
OR  COUNTY WITH A POPULATION OF TWENTY-FIVE THOUSAND OR LESS IN A PRIMA-
RY, SPECIAL  OR  GENERAL  ELECTION  OR  SUCH  CANDIDATE'S  PARTICIPATING
COMMITTEE  MAY  ACCEPT FROM ITS LOCAL 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.
  (E)  FOR  PURPOSES OF THIS SUBDIVISION, THE TERM LOCAL PARTY COMMITTEE
INCLUDES ANY OF ITS SUBCOMMITTEES.
  3. IN COMPUTING THE AGGREGATE AMOUNT EXPENDED  FOR  PURPOSES  OF  THIS
SECTION, EXPENDITURES MADE BY A COUNTY COMMITTEE IN SUPPORT OF MORE THAN
ONE  CANDIDATE SHALL BE ALLOCATED AMONG SUCH CANDIDATES SUPPORTED BY THE
COMMITTEE IN  ACCORDANCE  WITH  FORMULAS  PROMULGATED  BY  THE  CAMPAIGN
FINANCE  BOARD  OR, IN THE ABSENCE OF SUCH OFFICIAL FORMULAS, IN ACCORD-
ANCE WITH A FORMULA BASED  UPON  REASONABLE  STANDARDS.  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.
  4. 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.
CONTRIBUTIONS  TO  A  PARTICIPATING CANDIDATE OR PARTICIPATING COMMITTEE
WHICH WERE RECEIVED BEFORE THE EFFECTIVE DATE OF THIS TITLE MAY  NOT  BE
EXPENDED IN ANY ELECTION FOR ANY SUCH OFFICE.
  5.  EXCEPT FOR THE LIMITATIONS SPECIFICALLY SET FORTH IN THIS SECTION,
PARTICIPATING CANDIDATES SHALL BE SUBJECT  TO  THE  PROVISIONS  OF  THIS
ARTICLE.
  S  14-310.  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:
  (A) FOR CANDIDATES FOR OFFICE IN A MUNICIPALITY OR COUNTY WITH A POPU-
LATION BETWEEN TWO HUNDRED FIFTY THOUSAND AND UP TO  AND  INCLUDING  TWO
MILLION, THE SUM OF SIX MILLION DOLLARS;

S. 5208                             8

  (B) FOR CANDIDATES FOR OFFICE IN A MUNICIPALITY OR COUNTY WITH A POPU-
LATION  BETWEEN  ONE  HUNDRED FIFTY THOUSAND AND UP TO AND INCLUDING TWO
HUNDRED FIFTY THOUSAND, THE SUM OF THREE HUNDRED FIFTY THOUSAND DOLLARS;
  (C) FOR CANDIDATES FOR OFFICE IN A MUNICIPALITY OR COUNTY WITH A POPU-
LATION  BETWEEN TWENTY-FIVE THOUSAND AND UP TO AND INCLUDING ONE HUNDRED
FIFTY THOUSAND, THE SUM OF ONE HUNDRED FIFTY THOUSAND DOLLARS.
  (D) FOR CANDIDATES FOR OFFICE IN A MUNICIPALITY OR COUNTY WITH A POPU-
LATION OF TWENTY-FIVE THOUSAND OR LESS, THE SUM OF SEVENTY-FIVE 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 OFFICE IN:
  A MUNICIPALITY OR COUNTY WITH A POPULATION BETWEEN TWO  HUNDRED  FIFTY
THOUSAND AND UP TO AND INCLUDING TWO MILLION                 $8,000,000
  A  MUNICIPALITY  OR COUNTY WITH A POPULATION BETWEEN ONE HUNDRED FIFTY
THOUSAND AND UP TO AND INCLUDING TWO HUNDRED FIFTY THOUSAND  $350,000
  A MUNICIPALITY OR COUNTY WITH A POPULATION BETWEEN  TWENTY-FIVE  THOU-
SAND AND UP TO AND INCLUDING ONE HUNDRED FIFTY THOUSAND      $150,000
  A  MUNICIPALITY OR COUNTY WITH A POPULATION OF TWENTY-FIVE THOUSAND OR
LESS                                                         $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 14-308 OF THIS TITLE.
  S 14-312. CAMPAIGN FINANCE BOARD. 1. THE CAMPAIGN FINANCE BOARD  SHALL
ADMINISTER  THE  LOCAL  CAMPAIGN  FINANCE  FUND  IN  ACCORDANCE WITH THE
PROVISIONS OF THIS TITLE AND SECTION NINETY-TWO-GG OF THE STATE  FINANCE
LAW.
  2.  IN  ADDITION  TO  THE ENFORCEMENT POWERS, AND ANY OTHER POWERS AND
DUTIES SPECIFIED BY LAW, THE CAMPAIGN FINANCE BOARD SHALL:
  (A)(I) RENDER ADVISORY OPINIONS  WITH  RESPECT  TO  QUESTIONS  ARISING
UNDER  THIS TITLE UPON THE WRITTEN REQUEST OF A CANDIDATE, AN OFFICER OF
A POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON  ITS  OWN  INITI-
ATIVE;  (II)  PROMULGATE  RULES REGARDING REASONABLE TIMES TO RESPOND TO
SUCH REQUESTS; AND (III) MAKE PUBLIC THE QUESTIONS OF INTERPRETATION FOR
WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE CAMPAIGN FINANCE BOARD
AND ITS ADVISORY OPINIONS, INCLUDING BY PUBLICATION ON ITS 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 CAMPAIGN FINANCE BOARD DEEMS NECESSARY FOR
THE ADMINISTRATION OF THIS TITLE; AND
  (D) IN CONJUNCTION WITH THE STATE BOARD OF ELECTIONS DEVELOP AN INTER-
ACTIVE, SEARCHABLE COMPUTER DATABASE THAT SHALL CONTAIN ALL  INFORMATION
NECESSARY FOR THE PROPER ADMINISTRATION OF THIS TITLE INCLUDING INFORMA-
TION  ON  CONTRIBUTIONS  TO  AND  EXPENDITURES  BY  CANDIDATES AND THEIR
AUTHORIZED COMMITTEES AND DISTRIBUTIONS OF  MONEYS  FROM  THE  FUND  AND

S. 5208                             9

SHALL  BE  ACCESSIBLE  TO  THE  PUBLIC  ON THE STATE BOARD OF ELECTIONS'
WEBSITE.
  3.  THE  CAMPAIGN  FINANCE  BOARD  MAY  TAKE SUCH OTHER ACTIONS AS ARE
NECESSARY AND PROPER TO CARRY OUT THE PURPOSES OF THIS TITLE.
  S 14-314. EXAMINATIONS AND AUDITS. 1. THE CAMPAIGN FINANCE BOARD SHALL
CONDUCT A THOROUGH EXAMINATION AND AUDIT OF THE CONTRIBUTIONS AND QUALI-
FIED CAMPAIGN EXPENSES OF THE PARTICIPATING COMMITTEE OF  EVERY  PARTIC-
IPATING  CANDIDATE  WHO  RECEIVED PAYMENTS PURSUANT TO SECTION 14-306 OF
THIS TITLE.   SUCH AUDITS  SHALL  BE  CONDUCTED  AS  FREQUENTLY  AS  THE
CAMPAIGN  FINANCE  BOARD  DEEMS NECESSARY TO ENSURE COMPLIANCE WITH THIS
TITLE.  EVERY CANDIDATE WHO RECEIVES PUBLIC MATCHING  FUNDS  UNDER  THIS
TITLE SHALL ALSO BE AUDITED BY THE CAMPAIGN FINANCE BOARD POST-ELECTION.
THE  COST  OF COMPLYING WITH A POST-ELECTION AUDIT SHALL BE BORNE BY THE
CANDIDATE'S AUTHORIZED COMMITTEE. A CANDIDATE WHO  HAS  RECEIVED  PUBLIC
MATCHING  FUNDS UNDER THIS TITLE MUST MAINTAIN A RESERVE OF AT LEAST ONE
PERCENT OF THE TOTAL AMOUNT OF MATCHING FUNDS RECEIVED BY SUCH CANDIDATE
IN HIS OR HER CAMPAIGN ACCOUNT TO COMPLY WITH THE POST-ELECTION AUDIT. A
CANDIDATE WHO RUNS IN BOTH A PRIMARY AND A GENERAL ELECTION, MUST  MAIN-
TAIN  A  RESERVE  OF  ONE PERCENT OF THE TOTAL AMOUNT OF PUBLIC MATCHING
FUNDS RECEIVED BY SUCH CANDIDATE FOR BOTH HIS OR HER PRIMARY AND GENERAL
ELECTION. A CANDIDATE MAY USE PUBLIC MATCHING FUNDS, PRIVATE FUNDS OR  A
COMBINATION  OF  PUBLIC AND PRIVATE FUNDS TO COMPLY WITH A POST-ELECTION
AUDIT. THE CAMPAIGN FINANCE BOARD SHALL ISSUE TO EACH  CAMPAIGN  AUDITED
THE FINAL POST-ELECTION AUDIT REPORT THAT DETAILS ITS FINDINGS AND SHALL
PROVIDE SUCH AUDIT TO THE GOVERNOR AND LEGISLATIVE LEADERS AND MAKE SUCH
AUDIT REPORT AVAILABLE ON THE STATE BOARD OF ELECTIONS' WEBSITE.
  2.  (A)  IF  THE CAMPAIGN FINANCE BOARD DETERMINES THAT ANY PORTION OF
THE PAYMENT MADE TO A PARTICIPATING  COMMITTEE  FROM  THE  FUND  WAS  IN
EXCESS OF THE AGGREGATE AMOUNT OF PAYMENTS TO WHICH SUCH ELIGIBLE CANDI-
DATE  WAS  ENTITLED  PURSUANT  TO SECTION 14-306 OF THIS TITLE, IT SHALL
NOTIFY SUCH COMMITTEE OF THE EXCESS AMOUNT AND SUCH COMMITTEE SHALL  PAY
TO  THE  CAMPAIGN  FINANCE BOARD AN AMOUNT EQUAL TO THE AMOUNT OF EXCESS
PAYMENTS; PROVIDED, HOWEVER, THAT IF THE ERRONEOUS PAYMENT WAS DUE TO AN
ERROR MADE BY THE CAMPAIGN FINANCE BOARD,  THEN  THE  ERRONEOUS  PAYMENT
WILL  BE  OFFSET  AGAINST  ANY FUTURE PAYMENT, IF ANY. THE PARTICIPATING
CANDIDATE AND HIS OR HER PARTICIPATING COMMITTEE SHALL  BE  JOINTLY  AND
SEVERALLY  LIABLE  FOR  ANY REPAYMENTS DUE TO THE CAMPAIGN FINANCE BOARD
FOR DEPOSIT BY SUCH BOARD INTO THE NEW YORK STATE CAMPAIGN FUND.
  (B) IF THE BOARD DETERMINES THAT ANY  AMOUNT  OF  PAYMENT  MADE  TO  A
PARTICIPATING  COMMITTEE  FROM THE FUND WAS USED FOR PURPOSES OTHER THAN
TO DEFRAY QUALIFIED CAMPAIGN EXPENSES, IT SHALL NOTIFY SUCH  PARTICIPAT-
ING  COMMITTEE OF THE AMOUNT DISQUALIFIED AND SUCH PARTICIPATING COMMIT-
TEE SHALL PAY TO THE CAMPAIGN FINANCE BOARD  AN  AMOUNT  EQUAL  TO  SUCH
DISQUALIFIED  AMOUNT.    SUCH  MONIES  SHALL BE DEPOSITED INTO THE LOCAL
CAMPAIGN FINANCE FUND CREATED PURSUANT TO SECTION NINETY-TWO-GG  OF  THE
STATE FINANCE LAW.  THE CANDIDATE AND THE CANDIDATE'S AUTHORIZED COMMIT-
TEE  SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY REPAYMENTS DUE TO THE
CAMPAIGN FINANCE 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  CAMPAIGN FINANCE BOARD ISSUES ITS FINAL AUDIT REPORT FOR THE

S. 5208                            10

PARTICIPATING CANDIDATE'S COMMITTEE; PROVIDED, HOWEVER, THAT ALL UNSPENT
MATCHING FUNDS FOR A PARTICIPATING CANDIDATE SHALL  BE  IMMEDIATELY  DUE
AND  PAYABLE  TO  THE  CAMPAIGN FINANCE BOARD FOR DEPOSIT INTO THE LOCAL
CAMPAIGN  FINANCE FUND UPON ITS DETERMINATION THAT THE PARTICIPANT WILL-
FULLY DELAYED THE POST-ELECTION AUDIT PROCESS. A PARTICIPATING CANDIDATE
MAY MAKE POST-ELECTION EXPENDITURES ONLY FOR ROUTINE ACTIVITIES  INVOLV-
ING  NOMINAL  COSTS  ASSOCIATED WITH ENDING A CAMPAIGN AND RESPONDING TO
THE POST-ELECTION AUDIT.
  3. IF A COURT OF COMPETENT JURISDICTION DISQUALIFIES A CANDIDATE WHOSE
PARTICIPATING COMMITTEE HAS RECEIVED PUBLIC FUNDS ON  THE  GROUNDS  THAT
SUCH  CANDIDATE  COMMITTED FRAUDULENT ACTS IN ORDER TO OBTAIN A PLACE ON
THE BALLOT AND SUCH DECISION IS NOT REVERSED BY  A  HIGHER  COURT,  SUCH
CANDIDATE  AND SUCH CANDIDATE'S PARTICIPATING COMMITTEE SHALL PAY TO THE
CAMPAIGN FINANCE BOARD AN AMOUNT EQUAL TO  THE  TOTAL  OF  PUBLIC  FUNDS
RECEIVED BY SUCH PARTICIPATING COMMITTEE.
  4.  THE  BOARD  MUST PROVIDE WRITTEN NOTICE OF ALL PAYMENTS DUE FROM A
PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE TO THE  BOARD  AND
PROVIDE AN OPPORTUNITY FOR THE CANDIDATE OR COMMITTEE TO REBUT, IN WHOLE
OR  IN  PART, THE ALLEGED AMOUNT DUE. UPON A FINAL WRITTEN DETERMINATION
BY THE BOARD, THE AMOUNT DUE SHALL BE PAID TO THE  BOARD  WITHIN  THIRTY
DAYS OF SUCH DETERMINATION.
  5.  ALL  PAYMENTS RECEIVED BY THE BOARD PURSUANT TO THIS SECTION SHALL
BE DEPOSITED IN THE LOCAL CAMPAIGN FINANCE FUND ESTABLISHED  BY  SECTION
NINETY-TWO-GG OF THE STATE FINANCE LAW.
  S 14-316. CIVIL ENFORCEMENT. 1. ANY PERSON OR AUTHORIZED COMMITTEE WHO
KNOWINGLY AND WILFULLY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS
OF  THIS  TITLE  SHALL  BE  SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THE
AMOUNT OF FIVE THOUSAND DOLLARS.
  2. ANY PERSON OR AUTHORIZED COMMITTEE WHO KNOWINGLY AND  INTENTIONALLY
VIOLATES ANY OTHER PROVISION OF THIS TITLE OR ANY RULE PROMULGATED HERE-
UNDER  SHALL  BE  SUBJECT TO A CIVIL PENALTY NOT TO EXCEED THE AMOUNT OF
TEN THOUSAND DOLLARS.
  3. FINES AUTHORIZED UNDER THIS SECTION WILL BE IMPOSED BY THE CAMPAIGN
FINANCE BOARD AFTER A HEARING AT WHICH THE SUBJECT PERSON OR  AUTHORIZED
COMMITTEE  SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD. SUCH HEARING SHALL
BE HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY BE PRESCRIBED BY  THE
RULES  OF  THE  CAMPAIGN  FINANCE BOARD. FOR PURPOSES OF CONDUCTING SUCH
HEARINGS, THE CAMPAIGN FINANCE BOARD SHALL BE DEEMED  TO  BE  AN  AGENCY
WITHIN  THE  MEANING OF ARTICLE THREE OF THE STATE ADMINISTRATIVE PROCE-
DURE ACT AND SHALL ADOPT RULES GOVERNING  THE  CONDUCT  OF  ADJUDICATORY
PROCEEDINGS  AND  APPEALS TAKEN PURSUANT TO A PROCEEDING COMMENCED UNDER
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND  RULES  RELATING  TO
THE ASSESSMENT OF THE CIVIL PENALTIES HEREIN AUTHORIZED.
  4.  THE  CAMPAIGN  FINANCE  BOARD  SHALL PUBLISH ON THE STATE BOARD OF
ELECTIONS' WEBSITE THE  FINAL  ORDER  ADJUDICATING  ANY  MATTER  BROUGHT
PURSUANT TO THIS SECTION.
  5.  ALL  PAYMENTS  RECEIVED  BY THE CAMPAIGN FINANCE BOARD PURSUANT TO
THIS SECTION SHALL BE DEPOSITED  IN  THE  LOCAL  CAMPAIGN  FINANCE  FUND
ESTABLISHED BY SECTION NINETY-TWO-GG OF THE STATE FINANCE LAW.
  S 14-318. 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.

S. 5208                            11

  2. ANY PERSON WHO KNOWINGLY AND WILLFULLY CONTRIBUTES, ACCEPTS OR AIDS
OR PARTICIPATES IN THE CONTRIBUTION OR ACCEPTANCE OF A  CONTRIBUTION  IN
AN  AMOUNT  EXCEEDING  AN  APPLICABLE  MAXIMUM SPECIFIED IN THIS ARTICLE
SHALL BE GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A FINE  NOT  TO
EXCEED THE AMOUNT OF TEN THOUSAND DOLLARS.
  3.  ANY  PERSON WHO KNOWINGLY AND WILLFULLY MAKES A FALSE STATEMENT OR
KNOWINGLY OMITS A MATERIAL FACT TO THE  CAMPAIGN  FINANCE  BOARD  OR  AN
AUDITOR  DESIGNATED  BY  THE  CAMPAIGN  FINANCE  BOARD  DURING ANY AUDIT
CONDUCTED PURSUANT TO SECTION 14-314 OF THIS TITLE SHALL BE GUILTY OF  A
CLASS E FELONY.
  4.  IN  ADDITION TO ANY OTHER SENTENCE LAWFULLY IMPOSED UPON A FINDING
OF GUILT IN A CRIMINAL PROSECUTION COMMENCED PURSUANT TO THE  PROVISIONS
OF  THIS  SECTION,  THE  COURT  MAY  ORDER  A  DEFENDANT TO REPAY TO THE
CAMPAIGN FINANCE BOARD ANY PUBLIC MATCHING FUNDS OBTAINED AS A RESULT OF
ANY CRIMINAL CONDUCT.
  5. ALL SUCH PROSECUTIONS FOR CRIMINAL ACTS UNDER THIS TITLE  SHALL  BE
PROSECUTED BY THE ATTORNEY GENERAL OF THE STATE OF NEW YORK.
  6.  ANY  AND  ALL FINES IMPOSED PURSUANT TO THIS SECTION SHALL BE MADE
PAYABLE TO THE  CAMPAIGN  FINANCE  BOARD  FOR  DEPOSIT  INTO  THE  LOCAL
CAMPAIGN FINANCE FUND.
  S 14-320. REPORTS. THE CAMPAIGN FINANCE 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 14-303 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; AND
  6.  ANY  OTHER INFORMATION THAT THE CAMPAIGN FINANCE BOARD DEEMS RELE-
VANT.
  S 14-322. DEBATES. THE CAMPAIGN FINANCE BOARD SHALL  PROMULGATE  REGU-
LATIONS  TO  FACILITATE DEBATES AMONG PARTICIPATING CANDIDATES.  PARTIC-
IPATING CANDIDATES ARE REQUIRED TO PARTICIPATE IN AT  LEAST  ONE  DEBATE
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  14-324.  DISTRIBUTIONS  FROM CAMPAIGN FINANCE FUND. 1. THIS SECTION
GOVERNS THE CAMPAIGN FINANCE BOARD'S DISTRIBUTION   OF  FUNDS  FROM  THE
CAMPAIGN  FINANCE  FUND  CREATED  BY  SECTION NINETY-TWO-GG 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.

S. 5208                            12

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

S. 5208                            13

  7. ALL MONIES RECEIVED BY THE CAMPAIGN FINANCE BOARD PURSUANT TO  THIS
SECTION SHALL BE DEPOSITED INTO THE LOCAL CAMPAIGN FINANCE FUND PURSUANT
TO SECTION NINETY-TWO-GG OF THE STATE FINANCE LAW.
  S  4.  The  election  law is amended by adding a new section 16-105 to
read as follows:
  S 16-105. PROCEEDINGS AS TO PUBLIC FINANCING. 1. THE DETERMINATION  OF
ELIGIBILITY  PURSUANT TO SECTION 14-303 OF THIS CHAPTER AND ANY QUESTION
OR ISSUE RELATING TO PAYMENTS FOR QUALIFIED CAMPAIGN EXPENDITURES PURSU-
ANT TO SECTION 14-306 OF THIS CHAPTER MAY BE CONTESTED IN  A  PROCEEDING
INSTITUTED  IN  THE  SUPREME COURT, ALBANY COUNTY OR THE COUNTY IN WHICH
THE COUNTY OR MUNICIPAL OFFICE IS LOCATED BY ANY AGGRIEVED CANDIDATE.
  2. A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY OR
PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO  SECTION  14-306
OF  THIS CHAPTER SHALL BE INSTITUTED WITHIN SEVEN DAYS AFTER SUCH DETER-
MINATION WAS MADE. THE CAMPAIGN FINANCE BOARD SHALL BE MADE A  PARTY  TO
ANY SUCH PROCEEDING.
  3. UPON THE CAMPAIGN FINANCE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE
FROM  A  PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE AFTER THE
ISSUANCE OF WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED  BY  SUBDIVI-
SION FOUR OF SECTION 14-314 OF THIS CHAPTER, SUCH BOARD IS AUTHORIZED TO
INSTITUTE  A SPECIAL PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY
COUNTY OR THE COUNTY IN WHICH THE COUNTY OR MUNICIPAL OFFICE IS LOCATED,
TO OBTAIN A JUDGMENT FOR ANY AMOUNTS DETERMINED TO  BE  PAYABLE  TO  THE
CAMPAIGN  FINANCE  BOARD  AS  A  RESULT OF AN EXAMINATION AND AUDIT MADE
PURSUANT TO TITLE THREE OF ARTICLE FOURTEEN OF THIS CHAPTER.
  4. THE CAMPAIGN FINANCE BOARD IS AUTHORIZED  TO  INSTITUTE  A  SPECIAL
PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY OR THE COUNTY
IN WHICH THE COUNTY OR MUNICIPAL OFFICE IS LOCATED, TO OBTAIN A JUDGMENT
FOR  CIVIL  PENALTIES  DETERMINED  TO BE PAYABLE TO THE CAMPAIGN FINANCE
BOARD PURSUANT TO SECTION 14-314 OF THIS CHAPTER.
  S 5. The election law is amended by adding a new section 4-121 to read
as follows:
  S 4-121. NOTICE TO THE STATE BOARD  OF  ELECTIONS  OF  CANDIDATES  FOR
COUNTY OR MUNICIPAL OFFICE. 1. EACH COUNTY BOARD OF ELECTIONS WITH WHICH
PETITIONS  ARE  FILED  FOR A COUNTY OR MUNICIPAL OFFICE 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 ACCEPT-
ANCE,  DECLINATION  OR  SUBSTITUTION  FOR  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.
  2. 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.
  3. 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.
  4.  THE  STATE  BOARD OF ELECTIONS MAY PRESCRIBE FORMS FOR THE NOTICES
REQUIRED BY THIS SECTION AND SHALL PRESCRIBE THE MANNER  IN  WHICH  SUCH
NOTICES SHALL BE GIVEN.
  S 6. The state finance law is amended by adding a new section 92-gg to
read as follows:

S. 5208                            14

  S  92-GG.  LOCAL 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 LOCAL CAMPAIGN FINANCE FUND.
  2.  SUCH  FUND  SHALL  CONSIST  OF ALL 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 VOLUN-
TARY  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 GOVERNING BODY
OF THE COUNTY OR MUNICIPALITY IN WHICH THE OFFICE OF  THE  PARTICIPATING
CANDIDATE  IS  LOCATED,  MAY  BE  EXPENDED  FOR  THE  PURPOSES OF MAKING
PAYMENTS TO CANDIDATES PURSUANT TO TITLE THREE OF  ARTICLE  FOURTEEN  OF
THE  ELECTION  LAW.  MONEYS SHALL BE PAID OUT OF THE FUND BY THE COMMIS-
SIONER OF TAXATION AND FINANCE ON VOUCHERS CERTIFIED OR APPROVED BY  THE
CAMPAIGN  FINANCE  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 LOCAL CAMPAIGN FINANCE FUND LACKS THE  AMOUNT  OF
MONEY  TO  PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES AND CERTIFIED
OR APPROVED BY THE CAMPAIGN FINANCE BOARD, ANY SUCH DEFICIENCY SHALL  BE
PAID, UPON AUDIT AND WARRANT OF THE STATE COMPTROLLER, FROM FUNDS OF THE
LOCAL MUNICIPALITY IN WHICH THE OFFICE OF THE PARTICIPATING CANDIDATE IS
LOCATED  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 LOCAL MUNICIPALITY FOR WHICH THE  SURPLUS
FUNDS EXIST.
  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 7. The tax law is amended by adding a new section 630-d to  read  as
follows:

S. 5208                            15

  S  630-D.  CONTRIBUTION TO LOCAL CAMPAIGN FINANCE FUND.  EFFECTIVE 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 LOCAL CAMPAIGN FINANCE 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 REVENUES COLLECTED PURSU-
ANT TO THIS SECTION SHALL BE CREDITED TO THE LOCAL CAMPAIGN FINANCE FUND
AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-TWO-GG  OF
THE STATE FINANCE LAW.
  S  8.  Severability.  If any clause, sentence, subdivision, paragraph,
section or part of title III of article 14 of the election law, as added
by section three of this act be  adjudged  by  any  court  of  competent
jurisdiction  to  be  invalid, such judgment shall not affect, impair or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, subdivision, paragraph, section or part thereof
directly involved in the controversy in which such judgment  shall  have
been rendered.
  S  9.  This  act  shall  take effect on the same date as the 2013 Fair
Elections Act, as proposed in legislative bills numbers S. 4705  and  A.
4980-B  takes  effect; provided, however, candidates will be eligible to
participate in the public  financing  system  beginning  with  the  2014
election.

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