A. 7123 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.
A. 7123 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;
A. 7123 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.
A. 7123 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.
A. 7123 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
A. 7123 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;
A. 7123 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
A. 7123 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
A. 7123 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.
A. 7123 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.
A. 7123 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.
A. 7123 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:
A. 7123 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:
A. 7123 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.