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

                                  7394

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 14, 2013
                               ___________

Introduced  by  M.  of A. SILVER, MILLMAN, WRIGHT, WEINSTEIN, GOTTFRIED,
  PEOPLES-STOKES, QUART, LUPARDO -- Multi-Sponsored by -- M. of A. BREN-
  NAN, CAHILL,  COOK,  DINOWITZ,  ENGLEBRIGHT,  FARRELL,  GANTT,  GLICK,
  GUNTHER,  HOOPER,  JAFFEE,  KAVANAGH, LAVINE, LENTOL, LIFTON, MORELLE,
  NOLAN, O'DONNELL,  ORTIZ,  PAULIN,  ROSENTHAL,  SCARBOROUGH,  SWEENEY,
  WEISENBERG  --  (at request of the State Comptroller) -- read once and
  referred to the Committee on Election Law

AN ACT to amend the election law, in  relation  to  enacting  the  comp-
  troller  campaign  finance  reform act to provide for public financing
  for campaigns for the office of state comptroller; to amend the gener-
  al business law, in relation to authorizing the imposition of an addi-
  tional surcharge on recoveries for fraudulent  practices  relating  to
  stocks, bonds and other securities; to amend the state finance law, in
  relation to establishing the New York state campaign finance fund; and
  to  amend  the  tax law, in relation to providing for a New York state
  campaign finance fund check-off

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

  Section  1.  The  article heading of article 14 of the election law is
amended to read as follows:
               CAMPAIGN [RECEIPTS AND EXPENDITURES] FINANCE
  S 2. Sections 14-100 through 14-130 of article 14 of the election  law
are  designated  title  1  and  a  new title heading is added to read as
follows:

                   CAMPAIGN RECEIPTS AND EXPENDITURES
  S 3. Article 14 of the election law is amended by adding a new title 2
to read as follows:
                                 TITLE II
                 COMPTROLLER CAMPAIGN FINANCE REFORM ACT
SECTION 14-200. SHORT TITLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04655-02-3
              

A. 7394                             2

        14-201. DECLARATION OF LEGISLATIVE FINDINGS AND INTENT.
        14-202. APPLICABILITY AND DEFINITIONS.
        14-203. REPORTING REQUIREMENTS.
        14-204. CONTRIBUTION AND RECEIPT LIMITATIONS.
        14-205. PROOF OF COMPLIANCE.
        14-206. ELIGIBILITY.
        14-207. VOLUNTARY  EXPENDITURE  LIMITS  FOR PARTICIPATING CANDI-
                  DATES.
        14-208. PAYMENT OF PUBLIC MATCHING FUNDS.
        14-209. USE OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN EXPEND-
                  ITURES.
        14-210. CAMPAIGN FINANCE BOARD; GENERAL POWERS AND DUTIES.
        14-211. AUDITS AND REPAYMENTS.
        14-212. CIVIL ENFORCEMENT.
        14-213. CRIMINAL PENALTIES.
        14-214. REPORTS.
        14-215. DEBATES.
        14-216. DISTRIBUTIONS FROM CAMPAIGN FINANCE FUND.
  S 14-200. SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE  CITED  AS
THE "COMPTROLLER CAMPAIGN FINANCE REFORM ACT".
  S  14-201. DECLARATION OF LEGISLATIVE FINDINGS AND INTENT.  THE LEGIS-
LATURE IS COMMITTED TO REFORMING NEW YORK'S CAMPAIGN FINANCE SYSTEM  FOR
THE  OFFICE  OF  THE  STATE COMPTROLLER. AS SOLE TRUSTEE OF THE NEW YORK
STATE AND LOCAL RETIREMENT SYSTEM AND AS CHIEF FISCAL  OFFICER  FOR  THE
STATE  OF NEW YORK, THE COMPTROLLER HAS A FIDUCIARY DUTY TO THE MEMBERS,
RETIREES AND BENEFICIARIES OF THE RETIREMENT SYSTEM AND TO THE PEOPLE OF
NEW YORK STATE.
  IN RECOGNITION OF THESE ISSUES,  THIS  ACT  PROVIDES  FOR  THE  PUBLIC
FINANCING  OF  THE CAMPAIGN FOR THE OFFICE OF THE STATE COMPTROLLER. THE
INCLUSION OF VOLUNTARY EXPENDITURE CAPS COMBINED WITH A MINIMUM  THRESH-
OLD  FOR  PARTICIPATION IN THE CAMPAIGN FINANCE PROGRAM AND CONTRIBUTION
LIMITS AS PROVIDED FOR IN THIS TITLE FURTHERS THE  STATE'S  INTEREST  IN
ENCOURAGING  QUALIFIED  CANDIDATES  TO RUN FOR THE OFFICE OF STATE COMP-
TROLLER REGARDLESS OF THEIR ACCESS TO  WEALTH,  THUS  INCREASING  PUBLIC
DEBATE AND PARTICIPATION IN THE DEMOCRATIC PROCESS.
  FINALLY,  THE  LEGISLATURE FINDS THAT AN INDEPENDENT ENTITY WITHIN THE
STATE BOARD OF ELECTIONS TO OVERSEE THIS PROGRAM IS NECESSARY  TO  CARRY
OUT THIS ACT'S MANDATES. THIS ACT CREATES A CAMPAIGN FINANCE BOARD WITH-
IN  THE  STATE BOARD OF ELECTIONS TO MONITOR AND ENFORCE THE PROGRAM AND
ITS PROVISIONS TO ENSURE THAT THE INTENT OF THIS  ACT  IS  FULLY  IMPLE-
MENTED.
  S 14-202. APPLICABILITY AND DEFINITIONS. THIS TITLE SHALL APPLY EXCLU-
SIVELY  TO  CAMPAIGN  FINANCING  OF  CANDIDATES  FOR  THE NOMINATION FOR
ELECTION, AND FOR ELECTION TO, THE  OFFICE  OF  STATE  COMPTROLLER.  FOR
PURPOSES  OF  THIS  TITLE,  THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
  1. "AUTHORIZED COMMITTEE" MEANS A POLITICAL COMMITTEE DESIGNATED BY  A
CANDIDATE  PURSUANT  TO SECTION 14-203 OF THIS TITLE TO RECEIVE CONTRIB-
UTIONS AND MAKE EXPENDITURES IN SUPPORT OF SUCH CANDIDATE'S CAMPAIGN. NO
MORE THAN ONE AUTHORIZED COMMITTEE MAY BE DESIGNATED BY A  CANDIDATE  IN
ANY ELECTION CYCLE.
  2.  "BOARD"  OR  "CAMPAIGN  FINANCE  BOARD" MEANS THE BOARD CREATED BY
SECTION 14-210 OF THIS TITLE TO ADMINISTER THE CAMPAIGN FINANCE FUND.
  3. "CANDIDATE" MEANS ANY CANDIDATE FOR NOMINATION FOR ELECTION, OR FOR
ELECTION TO, THE OFFICE OF STATE COMPTROLLER WHETHER SUCH CANDIDATE IS A

A. 7394                             3

"PARTICIPATING CANDIDATE" OR "NONPARTICIPATING CANDIDATE" AS DEFINED  IN
THIS SECTION.
  4. "CONTRIBUTION" MEANS:
  (A)  ANY  GIFT, SUBSCRIPTION, OUTSTANDING LOAN (TO THE EXTENT PROVIDED
FOR IN SECTION 14-114 OF THIS ARTICLE), ADVANCE, OR DEPOSIT OF MONEY  OR
ANYTHING  OF VALUE, MADE IN CONNECTION WITH THE NOMINATION FOR ELECTION,
OR ELECTION, OF ANY CANDIDATE, OR MADE TO PROMOTE THE SUCCESS OR  DEFEAT
OF A POLITICAL PARTY OR PRINCIPLE, OR OF ANY BALLOT PROPOSAL;
  (B) ANY FUNDS RECEIVED BY A POLITICAL COMMITTEE FROM ANOTHER POLITICAL
COMMITTEE TO THE EXTENT SUCH FUNDS DO NOT CONSTITUTE A TRANSFER; AND
  (C) ANY PAYMENT, BY ANY PERSON OTHER THAN A CANDIDATE OR AN AUTHORIZED
COMMITTEE,  MADE  IN  CONNECTION  WITH  THE  NOMINATION  FOR ELECTION OR
ELECTION OF ANY CANDIDATE, OR ANY PAYMENT MADE TO PROMOTE THE SUCCESS OR
DEFEAT OF A POLITICAL PARTY OR PRINCIPLE,  OR  OF  ANY  BALLOT  PROPOSAL
INCLUDING  BUT  NOT LIMITED TO COMPENSATION FOR THE PERSONAL SERVICES OF
ANY INDIVIDUAL WHICH ARE  RENDERED  IN  CONNECTION  WITH  A  CANDIDATE'S
ELECTION  OR  NOMINATION  WITHOUT CHARGE; PROVIDED HOWEVER, THAT NONE OF
THE FOREGOING SHALL BE DEEMED A CONTRIBUTION IF IT  IS  MADE,  TAKEN  OR
PERFORMED  BY A CANDIDATE OR HIS OR HER SPOUSE OR BY A PERSON OR A POLI-
TICAL COMMITTEE INDEPENDENT OF THE CANDIDATE OR HIS  OR  HER  AGENTS  OR
POLITICAL  COMMITTEES. FOR PURPOSES OF THIS TITLE, THE TERM "INDEPENDENT
OF THE CANDIDATE OR HIS OR HER AGENTS  OR  POLITICAL  COMMITTEES"  SHALL
MEAN  THAT THE CANDIDATE OR HIS OR HER AGENTS OR POLITICAL COMMITTEE DID
NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN ANY SUCH  ACTIV-
ITY; AND PROVIDED FURTHER, THAT THE TERM CONTRIBUTION SHALL NOT INCLUDE:
  (I) THE VALUE OF SERVICES PROVIDED WITHOUT COMPENSATION BY INDIVIDUALS
WHO VOLUNTEER A PORTION OR ALL OF THEIR TIME ON BEHALF OF A CANDIDATE OR
POLITICAL COMMITTEE;
  (II) THE USE OF REAL OR PERSONAL PROPERTY AND THE COST OF INVITATIONS,
FOOD  AND BEVERAGES VOLUNTARILY PROVIDED BY AN INDIVIDUAL TO A CANDIDATE
OR POLITICAL COMMITTEE ON  THE  INDIVIDUAL'S  RESIDENTIAL  PREMISES  FOR
CANDIDATE-RELATED  ACTIVITIES  TO THE EXTENT SUCH SERVICES DO NOT EXCEED
FIVE HUNDRED DOLLARS IN VALUE;
  (III) THE TRAVEL EXPENSES OF ANY INDIVIDUAL WHO  ON  HIS  OR  HER  OWN
BEHALF VOLUNTEERS HIS OR HER PERSONAL SERVICES TO ANY CANDIDATE OR POLI-
TICAL  COMMITTEE TO THE EXTENT SUCH EXPENSES ARE UNREIMBURSED AND DO NOT
EXCEED FIVE HUNDRED DOLLARS IN VALUE; AND
  (IV) EXPENDITURES BY A BONA FIDE MEMBERSHIP ORGANIZATION IN SUPPORT OF
THE FOLLOWING ACTIVITIES BY MEMBERS OF THE ORGANIZATION WHO  ARE  VOLUN-
TEERING  THEIR  TIME ON BEHALF OF A CANDIDATE, NOT TO EXCEED TWENTY-FIVE
DOLLARS PER MEMBER WHO VOLUNTEER FOR: (1) TRANSPORTATION  OF  VOLUNTEERS
TO  AND  FROM  CAMPAIGN ACTIVITIES; (2) COST OF FEEDING VOLUNTEERS WHILE
VOLUNTEERING FOR THE CAMPAIGN; AND (3)  MATERIALS  SUCH  AS  BADGES  AND
CLOTHING THAT IDENTIFIES THE NAME OF THE ORGANIZATION OR CANDIDATE.
  5.  "CONTRIBUTOR"  MEANS  AN  ENTITY,  INCLUDING,  BUT NOT LIMITED TO,
NATURAL PERSONS, ASSOCIATIONS, BONA FIDE MEMBERSHIP ORGANIZATIONS, PART-
NERSHIPS AND CORPORATIONS, THAT MAKES  A  CONTRIBUTION,  AS  DEFINED  IN
SUBDIVISION FOUR OF THIS SECTION.
  6.  "COVERED  ELECTION"  MEANS ANY PRIMARY ELECTION FOR NOMINATION, OR
GENERAL ELECTION FOR ELECTION, TO THE OFFICE OF STATE COMPTROLLER.
  7. "ELECTION CYCLE" MEANS THE FOUR-YEAR PERIOD STARTING THE DAY  AFTER
THE  GENERAL  ELECTION  AND  ENDING  ON  THE DATE OF THE NEXT SUCCEEDING
GENERAL ELECTION FOR CANDIDATES FOR STATEWIDE OFFICE.
  8. "EXPENDITURE" MEANS ANY GIFT, SUBSCRIPTION,  ADVANCE,  PAYMENT,  OR
DEPOSIT  OF  MONEY OR ANYTHING OF VALUE, OR A CONTRACT TO MAKE ANY GIFT,
SUBSCRIPTION, PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF VALUE, MADE IN

A. 7394                             4

CONNECTION WITH THE NOMINATION FOR ELECTION, OR ELECTION, OF ANY  CANDI-
DATE.  EXPENDITURES MADE BY CONTRACT ARE DEEMED MADE WHEN SUCH FUNDS ARE
OBLIGATED.
  9.   "FUND"  MEANS  THE  CAMPAIGN  FINANCE  FUND  CREATED  BY  SECTION
NINETY-NINE-U OF THE STATE FINANCE LAW.
  10. "FAMILY OR HOUSEHOLD MEMBERS" MEAN THE FOLLOWING INDIVIDUALS:
  (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
  (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
  (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER REGARDLESS OF WHETHER THEY
STILL RESIDE IN THE SAME HOUSEHOLD;
  (D) PERSONS WHO HAVE A CHILD IN  COMMON  REGARDLESS  OF  WHETHER  SUCH
PERSONS ARE MARRIED OR HAVE LIVED TOGETHER AT ANY TIME; OR
  (E)  PERSONS  WHO ARE NOT RELATED BY CONSANGUINITY OR AFFINITY AND WHO
ARE OR HAVE BEEN IN AN INTIMATE RELATIONSHIP REGARDLESS OF WHETHER  SUCH
PERSONS HAVE LIVED TOGETHER AT ANY TIME.
  11.  "ITEM  WITH SIGNIFICANT VALUE" MEANS ANY ITEM, INCLUDING ANY ITEM
VALUED AT TWENTY-FIVE DOLLARS OR MORE.
  12. "LEGISLATIVE LEADER" MEANS ANY OF  THE  FOLLOWING:  THE  TEMPORARY
PRESIDENT OF THE SENATE; THE SPEAKER OF THE ASSEMBLY; THE MINORITY LEAD-
ER OF THE SENATE; OR THE MINORITY LEADER OF THE ASSEMBLY.
  13.  "MATCHABLE  CONTRIBUTION"  MEANS A CONTRIBUTION, CONTRIBUTIONS OR
SUCH PORTION OF A CONTRIBUTION OR CONTRIBUTIONS MADE BY A NATURAL PERSON
RESIDING IN THE STATE OF NEW YORK AT THE TIME OF SUCH CONTRIBUTION, WITH
A VALUE NOT TO EXCEED TWO HUNDRED  FIFTY  DOLLARS,  TO  A  PARTICIPATING
CANDIDATE  FOR  ANY  PRIMARY  AND  A CONTRIBUTION, CONTRIBUTIONS OR SUCH
PORTION OF A CONTRIBUTION OR CONTRIBUTIONS  MADE  BY  A  NATURAL  PERSON
RESIDING  IN THE STATE OF NEW YORK AT THE TIME OF SUCH CONTRIBUTION WITH
A VALUE NOT TO EXCEED TWO  HUNDRED  FIFTY  DOLLARS  TO  A  PARTICIPATING
CANDIDATE  FOR  A  GENERAL ELECTION HELD IN THE SAME ELECTION CYCLE THAT
HAS BEEN REPORTED IN FULL TO THE STATE BOARD OF ELECTIONS IN  ACCORDANCE
WITH  SECTIONS  14-102  AND  14-104  OF  THIS ARTICLE BY THE CANDIDATE'S
AUTHORIZED COMMITTEE AND HAS BEEN CONTRIBUTED ON OR BEFORE THE  DATE  OF
THE  APPLICABLE  PRIMARY OR GENERAL ELECTION. ANY CONTRIBUTION, CONTRIB-
UTIONS, OR SUCH PORTION OF A CONTRIBUTION OR CONTRIBUTIONS DETERMINED TO
BE INVALID FOR PUBLIC MATCHING  FUNDS  BY  THE  BOARD  PURSUANT  TO  THE
PROVISIONS OF THIS TITLE MAY NOT BE TREATED AS A MATCHABLE CONTRIBUTION.
IN  ADDITION,  THE FOLLOWING CONTRIBUTIONS ARE NOT MATCHABLE: (A) LOANS;
(B) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES; (C)  CONTRIB-
UTIONS  IN  THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM WITH SIGNIF-
ICANT VALUE; (D) ANONYMOUS CONTRIBUTIONS OR CONTRIBUTIONS  WHOSE  SOURCE
IS  NOT  ITEMIZED  AS  REQUIRED  BY  SECTION  14-203  OF THIS TITLE; (E)
CONTRIBUTIONS RECEIVED DURING A PREVIOUS  ELECTION  CYCLE;  (F)  ILLEGAL
CONTRIBUTIONS;  AND  (G) CONTRIBUTIONS FROM INDIVIDUALS UNDER THE AGE OF
EIGHTEEN YEARS AT THE TIME THE CONTRIBUTION IS MADE.
  14. "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR THE OFFICE
OF STATE COMPTROLLER FOR A COVERED ELECTION WHO FAILS TO FILE A  WRITTEN
CERTIFICATION  IN THE FORM OF AN AFFIDAVIT PURSUANT TO SECTION 14-206 OF
THIS TITLE.
  15. "PARTICIPATING CANDIDATE" SHALL MEAN ANY CANDIDATE FOR  NOMINATION
FOR  ELECTION, OR ELECTION, TO THE OFFICE OF STATE COMPTROLLER WHO FILES
A WRITTEN CERTIFICATION IN THE FORM OF AN AFFIDAVIT PURSUANT TO  SECTION
14-206 OF THIS TITLE.
  16.  "POLITICAL  COMMITTEE"  MEANS  A  COMMITTEE AS DEFINED IN SECTION
14-100 OF THIS ARTICLE.

A. 7394                             5

  16-A. "PUBLIC MATCHING FUNDS" MEANS  MONIES  PAID  FROM  THE  CAMPAIGN
FINANCE  FUND  TO  THE  AUTHORIZED COMMITTEE OF PARTICIPATING CANDIDATES
PURSUANT TO THIS TITLE.
  17.  "QUALIFIED  CAMPAIGN  EXPENDITURE"  SHALL MEAN AN EXPENDITURE FOR
WHICH PUBLIC MATCHING FUNDS MAY BE USED.
  18. "THRESHOLD FOR ELIGIBILITY" SHALL MEAN  THE  AMOUNT  OF  MATCHABLE
CONTRIBUTIONS  THAT  A  CANDIDATE'S AUTHORIZED COMMITTEE MUST RECEIVE IN
TOTAL IN ORDER FOR  SUCH  CANDIDATE  TO  QUALIFY  FOR  VOLUNTARY  PUBLIC
FINANCING UNDER THIS ARTICLE.
  19.  "TRANSFER" SHALL MEAN ANY EXCHANGE OF FUNDS OR ANY THING OF VALUE
BETWEEN POLITICAL COMMITTEES AUTHORIZED BY  THE  SAME  CANDIDATE  TAKING
PART  SOLELY  IN HIS OR HER CAMPAIGN, OR ANY EXCHANGE OF FUNDS BETWEEN A
PARTY OR CONSTITUTED COMMITTEE AND A CANDIDATE OR HIS OR HER  DESIGNATED
AUTHORIZED POLITICAL COMMITTEES.
  S  14-203.  REPORTING  REQUIREMENTS.  1. EVERY PARTICIPATING CANDIDATE
SHALL DESIGNATE ONLY ONE AUTHORIZED COMMITTEE TO BE ELIGIBLE TO  RECEIVE
CONTRIBUTIONS  OF  PUBLIC  MATCHING  FUNDS.  BEFORE  RECEIVING  ANY SUCH
CONTRIBUTION OR MAKING ANY EXPENDITURE THEREFROM FOR A COVERED ELECTION,
EACH PARTICIPATING CANDIDATE SHALL NOTIFY THE STATE BOARD  OF  ELECTIONS
AND  THE  BOARD  AS  TO  THE EXISTENCE OF HIS OR HER ELIGIBLE AUTHORIZED
COMMITTEE THAT HAS BEEN DESIGNATED AND APPROVED BY SUCH CANDIDATE.  SUCH
AUTHORIZED  COMMITTEE SHALL, BEFORE RECEIVING ANY CONTRIBUTION OR MAKING
ANY EXPENDITURE FOR A COVERED ELECTION: (A) DESIGNATE A  TREASURER;  (B)
OBTAIN  A  TAX  IDENTIFICATION NUMBER FROM THE INTERNAL REVENUE SERVICE;
AND (C) SUBMIT TO THE STATE BOARD OF ELECTIONS,  EITHER  IN  WRITING  OR
ELECTRONICALLY, THE IDENTIFICATION NUMBER OF THE COMMITTEE DESIGNATED TO
BE ELIGIBLE TO RECEIVE PUBLIC MATCHING FUNDS.
  2.  DISCLOSURE.  (A)  EVERY  PARTICIPATING CANDIDATE SHALL SUBMIT SUCH
REPORTS TO THE STATE BOARD OF ELECTIONS AS REQUIRED BY TITLE ONE OF THIS
ARTICLE. COPIES OF SUCH REPORTS SHALL ALSO BE SUBMITTED TO THE  CAMPAIGN
FINANCE  BOARD  CREATED  PURSUANT  TO THIS ARTICLE AT THE SAME TIME SUCH
REPORTS ARE SUBMITTED TO 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 BOARD
HAS  CONCERNING:  (I)  COMPLIANCE WITH REQUIREMENTS OF THIS TITLE AND OF
THE RULES ISSUED BY THE BOARD;  AND  (II)  QUALIFICATION  FOR  RECEIVING
PUBLIC  MATCHING  FUNDS  PURSUANT  TO  THIS TITLE. IN THE COURSE OF SUCH
REVIEW, THE BOARD SHALL GIVE CANDIDATES AND POLITICAL COMMITTEES INCLUD-
ING THE AUTHORIZED COMMITTEE, AN OPPORTUNITY TO RESPOND TO  AND  CORRECT
POTENTIAL VIOLATIONS AND GIVE CANDIDATES AN OPPORTUNITY TO ADDRESS QUES-
TIONS  THE  BOARD  HAS CONCERNING THEIR MATCHABLE CONTRIBUTION CLAIMS OR
OTHER ISSUES CONCERNING ELIGIBILITY FOR RECEIVING PUBLIC MATCHING  FUNDS
PURSUANT  TO  THIS  TITLE.  NOTHING IN THIS PARAGRAPH SHALL PRECLUDE THE
BOARD FROM SUBSEQUENTLY REVIEWING SUCH A DISCLOSURE  REPORT  AND  TAKING
ANY ACTION OTHERWISE AUTHORIZED BY THIS TITLE.
  (C)  ONLY  ITEMIZED  CONTRIBUTIONS CONTAINED IN REPORTS FILED WITH THE
STATE BOARD OF ELECTIONS SHALL BE ELIGIBLE FOR MATCHING  FUNDS  PURSUANT
TO THIS TITLE.
  S  14-204.  CONTRIBUTION  AND  RECEIPT LIMITATIONS. 1. A PARTICIPATING
CANDIDATE AND HIS OR HER AUTHORIZED COMMITTEE SHALL NOT  ACCEPT,  EITHER
DIRECTLY OR INDIRECTLY:
  (A) TOTAL CONTRIBUTIONS FROM ANY ONE CONTRIBUTOR THAT EXCEED TWO THOU-
SAND DOLLARS IN ANY PRIMARY IN AN ELECTION CYCLE FOR THE OFFICE OF STATE

A. 7394                             6

COMPTROLLER  AND  TWO  THOUSAND  DOLLARS  FOR  A  GENERAL ELECTION IN AN
ELECTION CYCLE; OR
  (B)  ANY  CONTRIBUTION  FROM A POLITICAL COMMITTEE THAT HAS NOT REGIS-
TERED WITH THE STATE BOARD OF ELECTIONS OR HAS NOT REGISTERED  WITH  THE
APPROPRIATE ENTITY AS REQUIRED BY LAW.
  2.  (A) NOTWITHSTANDING THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED
BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS,  A
PARTICIPATING  CANDIDATE  FOR  STATE COMPTROLLER IN A PRIMARY OR GENERAL
ELECTION OR SUCH CANDIDATE'S AUTHORIZED  COMMITTEE  MAY  ACCEPT  FROM  A
STATE  CONSTITUTED COMMITTEE WHICH HAS NOMINATED SUCH CANDIDATE SERVICES
IN AN AMOUNT WHICH, IN  THE  AGGREGATE,  DOES  NOT  EXCEED  ONE  MILLION
DOLLARS;  PROVIDED, HOWEVER, THAT TWENTY-FIVE PERCENT OF SUCH AMOUNT MAY
BE ACCEPTED IN THE FORM OF A TRANSFER.
  (B) FOR PURPOSES OF THIS  SUBDIVISION,  THE  TERM  "STATE  CONSTITUTED
COMMITTEE" INCLUDES ANY OF ITS SUBCOMMITTEES.
  3. NOTWITHSTANDING ANY EXPENDITURE LIMIT SET FORTH IN THIS TITLE, EACH
COUNTY  COMMITTEE  OF  ANY  PARTY  WHICH NOMINATES A CANDIDATE FOR STATE
COMPTROLLER, INCLUDING WITHIN THE TERM "COUNTY  COMMITTEE"  ANY  OF  ITS
SUBCOMMITTEES,  MAY  EXPEND  IN  SUPPORT  OF EACH SUCH CANDIDATE OF SUCH
PARTY WHO HAS AGREED TO ACCEPT PUBLIC FINANCING, AN AMOUNT  WHICH  SHALL
NOT EXCEED THE SUM OF TWO CENTS FOR EACH VOTER REGISTERED IN SUCH COUNTY
AS  DETERMINED BY THE RECORD OF THE APPROPRIATE BOARD OF ELECTIONS AS OF
THE PRECEDING GENERAL ELECTION.
  4. IN COMPUTING THE AGGREGATE AMOUNT EXPENDED  FOR  PURPOSES  OF  THIS
SECTION,  EXPENDITURES MADE BY A STATE CONSTITUTED COMMITTEE OR A COUNTY
COMMITTEE IN SUPPORT OF MORE THAN ONE CANDIDATE SHALL BE ALLOCATED AMONG
SUCH CANDIDATES SUPPORTED BY THE COMMITTEE IN ACCORDANCE  WITH  FORMULAS
PROMULGATED  BY  THE STATE BOARD OF ELECTIONS OR, IN THE ABSENCE OF SUCH
OFFICIAL FORMULAS, IN ACCORDANCE WITH A FORMULA  BASED  UPON  REASONABLE
STANDARDS. THE STATEMENTS FILED BY SUCH CONSTITUTED COMMITTEE IN ACCORD-
ANCE  WITH THIS CHAPTER SHALL SET FORTH, IN ADDITION TO THE OTHER INFOR-
MATION REQUIRED, THE TOTAL AMOUNT EXPENDED BY THE CONSTITUTED  COMMITTEE
ON BEHALF OF ALL SUCH CANDIDATES AND THE AMOUNT ALLOCATED TO EACH CANDI-
DATE BY DOLLAR AMOUNT AND PERCENTAGE. EXPENDITURES BY A PARTY FOR ACTIV-
ITIES  WHICH  DO  NOT SUPPORT OR OPPOSE THE ELECTION OF ANY CANDIDATE OR
CANDIDATES BY NAME OR BY  CLEAR  INFERENCE  SHALL  NOT  BE  REGARDED  AS
EXPENDITURES ON BEHALF OF OR IN OPPOSITION TO A CANDIDATE.
  5.  NOTWITHSTANDING  ANY  OTHER  CONTRIBUTION  LIMIT SPECIFIED IN THIS
SECTION, PARTICIPATING CANDIDATES MAY GIVE,  OUT  OF  THEIR  OWN  MONEY,
THREE  TIMES  THE  APPLICABLE CONTRIBUTION LIMIT TO THEIR OWN CAMPAIGNS,
PROVIDED THAT NONE OF THE MONEY SO CONTRIBUTED SHALL QUALIFY FOR  MATCH-
ING FUNDS.
  6.  ALL  MONETARY CONTRIBUTIONS AND ALL PUBLIC MATCHING FUNDS ACCEPTED
BY A CANDIDATE'S AUTHORIZED COMMITTEE SHALL BE DEPOSITED INTO AN ACCOUNT
WITH A BANK LICENSED BY THE  NEW  YORK  STATE  DEPARTMENT  OF  FINANCIAL
SERVICES  HELD  IN THE NAME OF THE AUTHORIZED POLITICAL COMMITTEE WITHIN
TEN BUSINESS DAYS OF RECEIPT. EACH AUTHORIZED COMMITTEE  SHALL  HAVE  NO
MORE  THAN  ONE  CHECKING  ACCOUNT.  MONETARY  CONTRIBUTIONS, OTHER THAN
PUBLIC MATCHING FUNDS, MAY BE INVESTED IN ACCORDANCE WITH THE PROVISIONS
OF LAW RELATING THERETO.
  7. CONTRIBUTIONS TO CANDIDATES IN COVERED ELECTIONS  SHALL,  FOR  EACH
ELECTION CYCLE, IN ALL OTHER RESPECTS, BE SUBJECT TO THE LIMITATIONS AND
PROVISIONS OF TITLE ONE OF THIS ARTICLE.
  S  14-205.  PROOF  OF  COMPLIANCE. CANDIDATES AND POLITICAL COMMITTEES
SHALL MAINTAIN SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR  A  COVERED
ELECTION  AS  MAY  BE REQUIRED BY THE CAMPAIGN FINANCE BOARD. CANDIDATES

A. 7394                             7

AND POLITICAL COMMITTEES SHALL OBTAIN  AND  FURNISH  TO  THE  BOARD  ANY
INFORMATION  IT  MAY  REQUEST  RELATING  TO  FINANCIAL  TRANSACTIONS  OR
CONTRIBUTIONS AND FURNISH SUCH DOCUMENTATION AND OTHER PROOF OF  COMPLI-
ANCE  WITH  THIS  TITLE AS MAY BE REQUESTED BY THE BOARD. CANDIDATES AND
POLITICAL COMMITTEES SHALL MAINTAIN COPIES OF SUCH RECORDS FOR A  PERIOD
OF FIVE YEARS FOLLOWING THE GENERAL ELECTION.
  S 14-206. ELIGIBILITY. 1. TO BE ELIGIBLE FOR PUBLIC FINANCING PURSUANT
TO  THIS  TITLE,  A  CANDIDATE  MUST:  (A)  BE  A CANDIDATE IN A COVERED
ELECTION; (B) SATISFY ALL THE REQUIREMENTS OF LAW TO  HAVE  HIS  OR  HER
NAME  ON  THE  BALLOT; (C) IN THE CASE OF A COVERED GENERAL ELECTION, BE
OPPOSED BY ANOTHER CANDIDATE ON THE BALLOT WHO IS NOT A WRITE-IN  CANDI-
DATE;  (D)  SUBMIT  A CERTIFICATION IN THE FORM OF AN AFFIDAVIT, IN SUCH
FORM AS MAY BE PRESCRIBED BY THE CAMPAIGN FINANCE BOARD, THAT SETS FORTH
HIS OR HER AGREEMENT TO COMPLY WITH THE TERMS  AND  CONDITIONS  FOR  THE
PROVISION  OF  SUCH  FUNDS IN EACH COVERED ELECTION WHICH SHALL BE FILED
WITH SUCH BOARD BY JUNE FIRST  DIRECTLY  BEFORE  THE  ELECTION;  (E)  BE
CERTIFIED  AS A PARTICIPATING CANDIDATE BY SUCH BOARD NOT LATER THAN TWO
WEEKS AFTER THE FILING OF SUCH AFFIDAVIT; (F) NOT  MAKE,  AND  NOT  HAVE
MADE,  EXPENDITURES  FROM, OR USE, HIS OR HER PERSONAL FUNDS OR PROPERTY
OR PERSONAL FUNDS OR PROPERTY JOINTLY  HELD  WITH  HIS  OR  HER  SPOUSE,
DOMESTIC  PARTNER, OR CHILD IN CONNECTION WITH HIS OR HER NOMINATION FOR
ELECTION OR ELECTION TO A COVERED OFFICE EXCEPT AS A CONTRIBUTION TO HIS
OR HER AUTHORIZED COMMITTEE IN AN AMOUNT THAT EXCEEDS  THREE  TIMES  THE
APPLICABLE  CONTRIBUTION  LIMIT FROM AN INDIVIDUAL CONTRIBUTOR TO CANDI-
DATES FOR THE OFFICE THAT HE OR SHE IS SEEKING; (G) MEET  THE  THRESHOLD
FOR  ELIGIBILITY SET FORTH IN SUBDIVISION TWO OF THIS SECTION; (H) ABIDE
BY THE REQUIREMENTS SET FORTH IN  THIS  TITLE  AND  CHAPTER  DURING  THE
POST-ELECTION  PERIOD;  AND  (I) NOT MAKE, AND NOT HAVE MADE, AND HIS OR
HER AUTHORIZED COMMITTEE MUST NOT MAKE, AND NOT HAVE  MADE  EXPENDITURES
THAT  IN  THE AGGREGATE EXCEED THE APPLICABLE SPENDING LIMIT AS PROVIDED
IN THIS TITLE.
  2. (A) THE THRESHOLD FOR ELIGIBILITY FOR PUBLIC  FUNDING  FOR  PARTIC-
IPATING  CANDIDATES  SHALL  BE THE RECEIPT OF CONTRIBUTIONS TOTALING ONE
HUNDRED FIFTY THOUSAND DOLLARS  IN  MATCHABLE  CONTRIBUTIONS  IN  SINGLE
AMOUNTS  OF  NO LESS THAN TEN DOLLARS AND NO MORE THAN TWO HUNDRED FIFTY
DOLLARS, INCLUDING AT LEAST FIFTY MATCHABLE CONTRIBUTIONS  FROM  NATURAL
PERSONS  REGISTERED  TO VOTE IN EACH OF AT LEAST SEVENTY-FIVE PERCENT OF
THE TOTAL NUMBER OF CONGRESSIONAL DISTRICTS IN THE STATE AT THE TIME  OF
SUCH COVERED ELECTION.
  (B)  ANY PARTICIPATING CANDIDATE MEETING THE THRESHOLD FOR ELIGIBILITY
IN A PRIMARY ELECTION SHALL BE DEEMED TO  HAVE  MET  THE  THRESHOLD  FOR
ELIGIBILITY  FOR  SUCH  OFFICE  IN  ANY  OTHER ELECTION HELD IN THE SAME
ELECTION CYCLE.
  S 14-207. VOLUNTARY EXPENDITURE LIMITS FOR  PARTICIPATING  CANDIDATES.
1.  PARTICIPATING CANDIDATES MAY SPEND NO MORE THAN FIVE MILLION DOLLARS
FOR THE PRIMARY ELECTION.  EXPENDITURES MADE BEFORE OR ON THE DATE OF  A
PRIMARY  ELECTION  SHALL  BE  DEEMED  TO HAVE BEEN MADE FOR SUCH PRIMARY
ELECTION. EXPENSES MADE AFTER THE DATE OF A PRIMARY  ELECTION  SHALL  BE
DEEMED  TO  HAVE BEEN MADE FOR SUCH PRIMARY ELECTION IF MADE FOR LIABIL-
ITIES INCURRED PRIOR TO SUCH PRIMARY ELECTION.
  2. PARTICIPATING CANDIDATES MAY SPEND NO MORE THAN SEVEN MILLION  FIVE
HUNDRED THOUSAND DOLLARS IN A GENERAL ELECTION CAMPAIGN.
  3.  EXPENDITURES  MADE FOR THE PURPOSE OF COMPLYING WITH THIS TITLE OR
CHAPTER, INCLUDING LEGAL FEES,  ACCOUNTING  FEES,  THE  COST  OF  RECORD
CREATION AND RETENTION, AND OTHER NECESSARY COMPLIANCE EXPENDITURES, AND
EXPENSES TO CHALLENGE OR DEFEND THE VALIDITY OF PETITIONS OF DESIGNATION

A. 7394                             8

OR  NOMINATION OR CERTIFICATES OF NOMINATION, ACCEPTANCE, AUTHORIZATION,
DECLINATION OR SUBSTITUTION, AND EXPENSES RELATED TO THE  CANVASSING  OF
ELECTION  RESULTS,  SHALL  NOT BE LIMITED BY THE SPENDING LIMITS OF THIS
SECTION.  THE BURDEN IS ON THE CANDIDATE TO SUBSTANTIATE EXEMPT EXPENDI-
TURES. THE BOARD SHALL PROMULGATE RULES TO IMPLEMENT THIS SECTION.
  S 14-208. PAYMENT OF PUBLIC MATCHING  FUNDS.  1.  NO  PUBLIC  MATCHING
FUNDS  SHALL  BE  PAID  TO  AN  AUTHORIZED COMMITTEE UNLESS THE CAMPAIGN
FINANCE BOARD DETERMINES THAT THE PARTICIPATING CANDIDATE HAS  QUALIFIED
PURSUANT  TO  THIS TITLE. PAYMENT SHALL NOT EXCEED THE AMOUNTS SPECIFIED
IN THIS SECTION AND MAY BE MADE ONLY TO  THE  PARTICIPATING  CANDIDATE'S
AUTHORIZED  COMMITTEE.  NO PUBLIC MATCHING FUNDS SHALL BE USED EXCEPT TO
REIMBURSE OR  PAY  FOR  QUALIFIED  CAMPAIGN  EXPENDITURES  ACTUALLY  AND
LAWFULLY  INCURRED  OR  TO  REPAY  LOANS  USED TO PAY QUALIFIED CAMPAIGN
EXPENDITURES.
  2. IF THE THRESHOLD FOR ELIGIBILITY IS MET, THE  PARTICIPATING  CANDI-
DATE'S AUTHORIZED COMMITTEE SHALL RECEIVE PAYMENT FOR QUALIFIED CAMPAIGN
EXPENDITURES OF SIX DOLLARS OF PUBLIC MATCHING FUNDS FOR EACH ONE DOLLAR
OF  MATCHABLE  CONTRIBUTIONS  FOR  A PRIMARY ELECTION AND SIX DOLLARS OF
PUBLIC MATCHING FUNDS FOR EACH ONE DOLLAR OF MATCHABLE CONTRIBUTIONS FOR
A GENERAL ELECTION RECEIVED AND REPORTED TO THE BOARD; PROVIDED,  HOWEV-
ER,  THAT THE TOTAL AMOUNT OF PUBLIC MATCHING FUNDS SHALL NOT EXCEED TWO
MILLION TWO HUNDRED THOUSAND DOLLARS FOR  EACH  PARTICIPATING  CANDIDATE
FOR  A  PRIMARY  AND SHALL NOT EXCEED THREE MILLION TWO HUNDRED THOUSAND
DOLLARS FOR EACH PARTICIPATING CANDIDATE FOR A GENERAL ELECTION  IN  ANY
ELECTION CYCLE.
  3. THE COMMISSIONER OF TAXATION AND FINANCE SHALL MAKE ALL PAYMENTS OF
PUBLIC  MATCHING  FUNDS TO PARTICIPATING CANDIDATES AS SOON AS PRACTICA-
BLE, BUT NO LATER THAN THREE DAYS AFTER SUBMISSION BY THE  PARTICIPATING
CANDIDATE  OF  A CAMPAIGN CONTRIBUTION REPORT FILED WITH THE STATE BOARD
OF ELECTIONS IN COMPLIANCE WITH THIS ARTICLE. THE CAMPAIGN FINANCE BOARD
SHALL VERIFY ELIGIBILITY FOR AND AMOUNT OF PUBLIC MATCHING FUNDS  WITHIN
ONE DAY AFTER RECEIPT OF SUCH CONTRIBUTION REPORT. UPON DETERMINATION OF
ELIGIBILITY  OF  A PARTICIPATING CANDIDATE FOR PUBLIC MATCHING FUNDS AND
OF AMOUNT OF SUCH MATCHING  FUNDS,  THE  CAMPAIGN  FINANCE  BOARD  SHALL
SUBMIT WITHIN ONE DAY A DULY APPROVED, CERTIFIED AND EXECUTED VOUCHER TO
THE DEPARTMENT OF TAXATION AND FINANCE REQUESTING PAYMENT OF SUCH MATCH-
ING  FUNDS AND PAYMENT THEREOF SHALL BE MADE TO THE PARTICIPATING CANDI-
DATE'S AUTHORIZED COMMITTEE NOT LESS THAN ONE DAY AFTER SUCH VOUCHER  IS
RECEIVED  BY THE DEPARTMENT OF TAXATION AND FINANCE.  IF ANY OF THE TIME
LIMITS IN THIS TITLE FOR PAYMENT FALL ON A WEEKEND OR  HOLIDAY,  PAYMENT
SHALL BE MADE ON THE NEXT BUSINESS DAY.
  4.  THE  CAMPAIGN  FINANCE  BOARD  AND  THE DEPARTMENT OF TAXATION AND
FINANCE SHALL PROMULGATE RULES TO FACILITATE ELECTRONIC  FUND  TRANSFERS
DIRECTLY FROM THE FUND INTO AN AUTHORIZED COMMITTEE'S BANK ACCOUNT.
  S  14-209.  USE  OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN EXPENDI-
TURES. 1. PUBLIC MATCHING FUNDS PROVIDED UNDER THE  PROVISIONS  OF  THIS
TITLE  MAY  BE  USED ONLY BY AN AUTHORIZED COMMITTEE FOR EXPENDITURES TO
FURTHER  THE  PARTICIPATING  CANDIDATE'S  NOMINATION  FOR  ELECTION,  OR
ELECTION,  INCLUDING PAYING FOR DEBTS INCURRED WITHIN ONE YEAR BEFORE AN
ELECTION  TO  FURTHER  THE  PARTICIPATING  CANDIDATE'S  NOMINATION   FOR
ELECTION OR ELECTION.
  2.  SUCH PUBLIC MATCHING FUNDS MAY NOT BE USED FOR: (A) AN EXPENDITURE
THAT VIOLATES ANY LAW OR REGULATION; (B) AN EXPENDITURE IN EXCESS OF THE
FAIR MARKET VALUE OF SERVICES, MATERIALS, FACILITIES OR  OTHER  ITEM  OF
SIGNIFICANT  VALUE  RECEIVED  IN EXCHANGE; (C) AN EXPENDITURE MADE AFTER
THE CANDIDATE HAS BEEN FINALLY DISQUALIFIED  FROM  THE  BALLOT;  (D)  AN

A. 7394                             9

EXPENDITURE FOR AN OBLIGATION INCURRED AFTER THE ONLY REMAINING OPPONENT
OF  THE  CANDIDATE HAS BEEN FINALLY DISQUALIFIED FROM THE BALLOT; (E) AN
EXPENDITURE MADE BY CASH PAYMENT; (F) A CONTRIBUTION  OR  LOAN  MADE  TO
ANOTHER  CANDIDATE OR POLITICAL COMMITTEE; (G) AN EXPENDITURE TO SUPPORT
OR OPPOSE ANOTHER CANDIDATE OR POLITICAL COMMITTEE;  (H)  GIFTS,  EXCEPT
BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED CAMPAIGN MATERIAL; (I) LEGAL
FEES TO DEFEND AGAINST A CRIMINAL CHARGE; OR (J) A PAYMENT TO AN IMMEDI-
ATE FAMILY MEMBER OF THE PARTICIPATING CANDIDATE.
  S 14-210. CAMPAIGN FINANCE BOARD; GENERAL POWERS AND DUTIES. 1.  THERE
SHALL  BE  A  BOARD  WITHIN  THE  STATE  BOARD OF ELECTIONS KNOWN AS THE
"CAMPAIGN FINANCE BOARD" COMPOSED OF SEVEN MEMBERS, OF WHICH ONE  MEMBER
SHALL  BE  APPOINTED  BY  THE GOVERNOR, ONE MEMBER SHALL BE APPOINTED BY
EACH LEGISLATIVE LEADER OF  THE  SENATE  AND  ASSEMBLY.  TWO  ADDITIONAL
MEMBERS  WHO  SHALL  BE  REPRESENTATIVE OF NON-PARTISAN CITIZENS' GROUPS
SHALL BE APPOINTED BY THE GOVERNOR UPON CONSULTATION WITH  THE  LEGISLA-
TIVE  LEADERS  AND  THE GOVERNOR SHALL DESIGNATE ONE TO BE THE CHAIR. NO
MEMBER OF THE CAMPAIGN FINANCE BOARD SHALL  HOLD  ELECTIVE  OFFICE,  NOR
SHALL  ANY MEMBER BE A LOBBYIST AS DEFINED IN SUBDIVISION (A) OF SECTION
ONE-C OF THE LEGISLATIVE LAW. THE CHAIR SHALL BE RESPONSIBLE FOR  MANAG-
ING  THE CAMPAIGN FINANCE BOARD. THE MEMBERS SHALL EACH SERVE FOR A TERM
OF FOUR YEARS.
  2. EACH MEMBER'S TERM SHALL COMMENCE ON JUNE FIRST, TWO THOUSAND FOUR-
TEEN. IN CASE OF A VACANCY IN THE OFFICE OF A MEMBER, A MEMBER SHALL  BE
APPOINTED  ACCORDING  TO THE ORIGINAL MANNER OF APPOINTMENT. EACH MEMBER
SHALL BE A RESIDENT OF THE STATE OF NEW  YORK  AND  REGISTERED  TO  VOTE
THEREIN. EACH MEMBER SHALL AGREE NOT TO MAKE AND SHALL NOT MAKE CONTRIB-
UTIONS  TO  ANY  CANDIDATE  OR  AUTHORIZED  COMMITTEE FOR NOMINATION FOR
ELECTION OR FOR ELECTION TO THE OFFICE OF STATE COMPTROLLER.  NO  MEMBER
SHALL  SERVE  AS  AN  OFFICER  OF A POLITICAL PARTY OR COMMITTEE OR BE A
CANDIDATE OR PARTICIPATE IN ANY CAPACITY IN A CAMPAIGN  BY  A  CANDIDATE
FOR  NOMINATION  FOR  ELECTION,  OR  FOR ELECTION TO THE OFFICE OF STATE
COMPTROLLER. AN OFFICER OR EMPLOYEE OF THE STATE  OR  ANY  STATE  AGENCY
SHALL NOT BE ELIGIBLE TO BE A MEMBER OF THE CAMPAIGN FINANCE BOARD.
  3.  THE  MEMBERS  OF  THE  CAMPAIGN FINANCE BOARD SHALL BE ENTITLED TO
RECEIVE PAYMENT FOR  ACTUAL  AND  NECESSARY  EXPENSES  INCURRED  IN  THE
PERFORMANCE OF THEIR DUTIES AS MEMBERS OF SUCH BOARD.
  4.  THE  CAMPAIGN  FINANCE  BOARD MAY EMPLOY OR SHALL UTILIZE EXISTING
STAFF OF THE STATE BOARD OF ELECTIONS AS MAY BE NECESSARY, INCLUDING  AN
EXECUTIVE  DIRECTOR  AND  A  COUNSEL,  AND  MAKE  NECESSARY EXPENDITURES
SUBJECT TO APPROPRIATION.  THE CAMPAIGN FINANCE BOARD  SHALL  RETAIN  AN
INDEPENDENT  AUDITOR  TO PERFORM ONGOING AUDITS OF EACH COVERED ELECTION
BY CONTRACT ENTERED INTO PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE  OF
THE STATE FINANCE LAW.
  5.  A MEMBER OF THE CAMPAIGN FINANCE BOARD MAY BE REMOVED FOR CAUSE BY
THE APPOINTING AUTHORITY UPON NOTICE AND AN OPPORTUNITY FOR A HEARING.
  6. 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;

A. 7394                            10

  (B)  DEVELOP  A  PROGRAM FOR INFORMING 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
SHALL BE ACCESSIBLE TO THE PUBLIC  ON  THE  STATE  BOARD  OF  ELECTIONS'
WEBSITE.
  7.  CONSISTENT WITH THE PROVISIONS OF THE CIVIL SERVICE LAW AND SUBDI-
VISION SEVENTEEN OF SECTION SEVENTY-THREE OF THE  PUBLIC  OFFICERS  LAW,
AND NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, ALL
POSITIONS ON THE STAFF OF THE CAMPAIGN FINANCE BOARD SHALL BE CLASSIFIED
IN  THE  EXEMPT  CLASS  OF THE CIVIL SERVICE AND SUCH POSITIONS SHALL BE
FILLED, TO THE EXTENT POSSIBLE, WITH AN EQUAL  NUMBER  OF  PERSONS  FROM
EACH  OF  THE  TWO  POLITICAL PARTIES FOR WHICH THE HIGHEST AND THE NEXT
HIGHEST NUMBER OF VOTES WERE CAST FOR THE OFFICE OF STATE COMPTROLLER AT
THE LAST PRECEDING GENERAL ELECTION FOR SUCH OFFICE.
  8. THE CAMPAIGN FINANCE BOARD'S ADMINISTRATION OF THE  FUND  SHALL  BE
GOVERNED  BY  THE  PROVISIONS OF THIS TITLE AND SECTION NINETY-NINE-U OF
THE STATE FINANCE LAW.
  9. THE CAMPAIGN FINANCE BOARD AND ITS PROCEEDINGS SHALL BE GOVERNED BY
THE STATE ADMINISTRATIVE PROCEDURE ACT AND SUBJECT TO ARTICLES  SIX  AND
SEVEN OF THE PUBLIC OFFICERS LAW.
  10.  THE  CAMPAIGN  FINANCE  BOARD  MAY TAKE SUCH OTHER ACTIONS AS ARE
NECESSARY AND PROPER TO CARRY OUT THE PURPOSES OF THIS TITLE.
  S 14-211. AUDITS AND REPAYMENTS. 1.  THE  CAMPAIGN  FINANCE  BOARD  IS
HEREBY  EMPOWERED  TO  AUDIT  AND  EXAMINE  ALL  MATTERS RELATING TO THE
PERFORMANCE OF ITS FUNCTIONS AND ANY OTHER MATTER RELATING TO THE ADMIN-
ISTRATION 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-E-
LECTION. 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-ELEC-
TION AUDIT. A CANDIDATE WHO  RUNS  IN  BOTH  A  PRIMARY  AND  A  GENERAL
ELECTION,  MUST MAINTAIN A RESERVE OF ONE PERCENT OF THE TOTAL AMOUNT OF
PUBLIC MATCHING FUNDS RECEIVED BY SUCH CANDIDATE FOR  BOTH  HIS  OR  HER
PRIMARY AND GENERAL ELECTION. A CANDIDATE MAY USE PUBLIC MATCHING FUNDS,
PRIVATE  FUNDS  OR  A  COMBINATION OF PUBLIC AND PRIVATE FUNDS TO COMPLY
WITH A POST-ELECTION AUDIT. THE 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  LEGISLA-
TIVE  LEADERS AND MAKE SUCH AUDIT REPORT AVAILABLE ON THE STATE BOARD OF
ELECTIONS' WEBSITE.
  2. IF THE CAMPAIGN FINANCE BOARD DETERMINES  THAT  ANY  PORTION  OF  A
PAYMENT  MADE  TO  A  CANDIDATE'S  AUTHORIZED  COMMITTEE  FROM  THE FUND
EXCEEDED THE AMOUNT THAT SUCH CANDIDATE WAS ELIGIBLE TO RECEIVE PURSUANT
TO THIS TITLE, THE CAMPAIGN FINANCE BOARD SHALL  NOTIFY  SUCH  COMMITTEE

A. 7394                            11

AND  SUCH  COMMITTEE  SHALL  PAY TO THE CAMPAIGN FINANCE BOARD AN AMOUNT
EQUAL TO THE AMOUNT OF THE EXCESS PAYMENT; 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 THE CANDIDATE'S AUTHOR-
IZED 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 FINANCE FUND.
  3.  IF  THE  CAMPAIGN  FINANCE  BOARD DETERMINES THAT ANY PORTION OF A
PAYMENT MADE TO A CANDIDATE'S AUTHORIZED COMMITTEE  FROM  THE  NEW  YORK
STATE  CAMPAIGN  FINANCE FUND WAS USED FOR PURPOSES OTHER THAN QUALIFIED
CAMPAIGN EXPENDITURES, THE CAMPAIGN  FINANCE  BOARD  SHALL  NOTIFY  SUCH
COMMITTEE  OF THE AMOUNT SO DISQUALIFIED AND SUCH COMMITTEE SHALL PAY TO
THE CAMPAIGN FINANCE BOARD AN AMOUNT EQUAL TO SUCH DISQUALIFIED  AMOUNT.
SUCH  MONIES SHALL BE DEPOSITED INTO THE NEW YORK STATE CAMPAIGN FINANCE
FUND CREATED PURSUANT TO SECTION NINETY-NINE-U OF THE STATE FINANCE LAW.
THE CANDIDATE AND THE CANDIDATE'S AUTHORIZED COMMITTEE SHALL BE  JOINTLY
AND  SEVERALLY  LIABLE  FOR  ANY  REPAYMENTS DUE TO THE CAMPAIGN FINANCE
BOARD.
  4. IF THE TOTAL OF CONTRIBUTIONS, OTHER RECEIPTS,  AND  PAYMENTS  FROM
THE  NEW YORK STATE CAMPAIGN FINANCE FUND AS MATCHABLE FUNDS RECEIVED BY
A PARTICIPATING CANDIDATE AND HIS OR HER  AUTHORIZED  COMMITTEE  EXCEEDS
THE  TOTAL CAMPAIGN EXPENDITURES OF SUCH CANDIDATE AND COMMITTEE FOR ALL
COVERED ELECTIONS HELD IN THE SAME CALENDAR  YEAR,  SUCH  CANDIDATE  AND
COMMITTEE  SHALL  USE  SUCH EXCESS FUNDS TO REIMBURSE THE NEW YORK STATE
CAMPAIGN FINANCE FUND FOR PAYMENTS RECEIVED BY SUCH COMMITTEE FROM  SUCH
FUND  DURING SUCH CALENDAR YEAR.  A PARTICIPATING CANDIDATE SHALL PAY TO
THE CAMPAIGN FINANCE BOARD FOR DEPOSIT INTO THE  CAMPAIGN  FINANCE  FUND
UNSPENT  MATCHING FUNDS FOR AN ELECTION NOT LATER THAN THIRTY DAYS AFTER
ALL LIABILITIES FOR THE ELECTION CAMPAIGN 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 PARTICIPATING CANDI-
DATE'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 NEW YORK STATE CAMPAIGN
FINANCE FUND UPON  ITS  DETERMINATION  THAT  THE  PARTICIPANT  WILLFULLY
DELAYED  THE  POST-ELECTION AUDIT PROCESS. A PARTICIPATING CANDIDATE MAY
MAKE POST-ELECTION EXPENDITURES ONLY FOR  ROUTINE  ACTIVITIES  INVOLVING
NOMINAL  COSTS  ASSOCIATED  WITH WINDING UP A CAMPAIGN AND RESPONDING TO
THE POST-ELECTION  AUDIT.  FOR  ACCOUNTING  PURPOSES,  ALL  PRIVATE  AND
PERSONAL CONTRIBUTIONS SHALL BE CONSIDERED SPENT BEFORE REVENUE FROM THE
FUND IS SPENT OR COMMITTED.
  S 14-212. CIVIL ENFORCEMENT. 1. ANY PERSON OR AUTHORIZED COMMITTEE WHO
KNOWINGLY  AND  WILLFULLY  FAILS  TO  MAKE  A  FILING  REQUIRED  BY  THE
PROVISIONS OF THIS TITLE SHALL BE SUBJECT TO A FINE TO BE IMPOSED BY THE
CAMPAIGN FINANCE BOARD IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS.
  2. ANY PERSON OR AUTHORIZED  COMMITTEE  WHO  KNOWINGLY  AND  WILLFULLY
VIOLATES ANY OTHER PROVISION OF THIS TITLE OR ANY RULE PROMULGATED HERE-
UNDER  SHALL  BE SUBJECT TO A FINE TO BE IMPOSED BY THE CAMPAIGN FINANCE
BOARD IN AN AMOUNT NOT TO EXCEED 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

A. 7394                            12

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 FINES HEREIN AUTHORIZED.
  4. IF THE AGGREGATE AMOUNT OF EXPENDITURES BY A  PARTICIPATING  CANDI-
DATE  AND  SUCH  CANDIDATE'S AUTHORIZED COMMITTEE EXCEED THE EXPENDITURE
LIMIT ESTABLISHED BY SECTION 14-207 OF THIS TITLE,  SUCH  CANDIDATE  AND
AUTHORIZED  COMMITTEE  SHALL  BE  SUBJECT  TO A FINE NOT TO EXCEED THREE
TIMES THE SUM BY WHICH SUCH EXPENDITURES SURPASS THE APPLICABLE SPENDING
LIMIT.
  5. THE CAMPAIGN FINANCE BOARD SHALL PUBLISH  ON  THE  STATE  BOARD  OF
ELECTIONS'  WEBSITE  THE  FINAL  ORDER  ADJUDICATING  ANY MATTER BROUGHT
PURSUANT TO THIS SECTION.
  6. ANY FINES IMPOSED BY THE CAMPAIGN FINANCE BOARD  PURSUANT  TO  THIS
SECTION  SHALL  BE  DEPOSITED  INTO  THE NEW YORK STATE CAMPAIGN FINANCE
FUND.
  S 14-213. CRIMINAL PENALTIES. 1. ANY PERSON WHO KNOWINGLY AND WILLFUL-
LY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS OF THIS TITLE WITH-
IN TEN DAYS AFTER THE DATE PROVIDED FOR SUCH, OR ANYONE  THAT  KNOWINGLY
AND WILLFULLY VIOLATES ANY OTHER PROVISION OF THIS TITLE SHALL BE GUILTY
OF  A  MISDEMEANOR  AND,  IN  ADDITION TO SUCH OTHER PENALTIES AS MAY BE
PROVIDED BY LAW, SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT  OF
TEN THOUSAND DOLLARS.
  2. ANY PERSON WHO KNOWINGLY AND WILLFULLY CONTRIBUTES, ACCEPTS OR AIDS
OR  PARTICIPATES  IN THE CONTRIBUTION OR ACCEPTANCE OF A CONTRIBUTION IN
AN AMOUNT EXCEEDING AN APPLICABLE  MAXIMUM  SPECIFIED  IN  THIS  ARTICLE
SHALL  BE  GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A FINE NOT TO
EXCEED THE AMOUNT OF TEN THOUSAND DOLLARS.
  3. ANY PERSON WHO KNOWINGLY 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 14-211 OF THIS TITLE SHALL BE GUILTY OF A CLASS E FELONY.
  4. IN ADDITION 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 ARTICLE 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 NEW YORK
STATE CAMPAIGN FINANCE FUND.
  S 14-214. REPORTS. THE CAMPAIGN FINANCE BOARD SHALL SUBMIT A REPORT TO
THE GOVERNOR AND LEGISLATIVE LEADERS ON OR BEFORE  FEBRUARY  FIRST,  TWO
THOUSAND  SEVENTEEN,  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  CAMPAIGN  FOR
THE  OFFICE OF STATE COMPTROLLER AND THE UTILITY OF APPLYING THE PROGRAM

A. 7394                            13

TO OTHER CAMPAIGNS FOR STATEWIDE ELECTIVE OFFICE, INCLUDING  ITS  EFFECT
ON  THE  SOURCES AND AMOUNTS OF PRIVATE FINANCING, THE LEVEL OF CAMPAIGN
EXPENDITURES, VOTER PARTICIPATION, THE NUMBER OF CANDIDATES, THE  CANDI-
DATES'  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
CHANGES IN CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY AND LIMITS ON
TOTAL  MATCHING  FUNDS  AS  WELL AS INSTITUTING A PROGRAM OF FULL PUBLIC
CAMPAIGN FINANCING FOR ELECTION FOR ALL STATEWIDE OFFICES; AND
  6. ANY OTHER INFORMATION THAT THE CAMPAIGN FINANCE BOARD  DEEMS  RELE-
VANT.
  S  14-215.  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 14-216. 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-NINE-U  OF  THE  STATE
FINANCE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE.
  2.  NO  MONEYS  SHALL BE PAID TO PARTICIPATING CANDIDATES IN A PRIMARY
ELECTION ANY EARLIER THAN TWO WEEKS AFTER THE LAST DAY TO FILE DESIGNAT-
ING PETITIONS FOR SUCH PRIMARY ELECTION.
  3. NO MONEYS SHALL BE PAID TO PARTICIPATING CANDIDATES  IN  A  GENERAL
ELECTION  ANY  EARLIER  THAN  A  WEEK AFTER THE PRIMARY ELECTION HELD TO
NOMINATE CANDIDATES FOR SUCH ELECTION.
  4. NO MONEYS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO HAS BEEN
DISQUALIFIED  BY  THE  CAMPAIGN  FINANCE  BOARD  OR  WHOSE   DESIGNATING
PETITIONS  HAVE BEEN DECLARED INVALID BY THE STATE BOARD OF ELECTIONS OR
A COURT OF COMPETENT JURISDICTION  UNTIL  AND  UNLESS  SUCH  FINDING  IS
REVERSED BY AN APPELLATE COURT.
  5.  NO  PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDIDATE OR
SUCH A CANDIDATE'S AUTHORIZED COMMITTEE ON THE DATE  OF  SUCH  DISQUALI-
FICATION  OR  INVALIDATION  MAY  THEREAFTER  BE EXPENDED FOR ANY PURPOSE
EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE THAT DATE.  ALL EXCESS
PUBLIC MONEYS PAID TO A DISQUALIFIED CANDIDATE SHALL BE RETURNED TO  THE
FUND  NOT  LESS  THAN  THIRTY  DAYS AFTER THE GENERAL ELECTION FOR THOSE
PARTICIPATING CANDIDATES WHO RECEIVED  PUBLIC  MONEYS  FOR  THE  GENERAL
ELECTION,  AND  OTHERWISE,  NOT  LESS THAN THIRTY DAYS AFTER THE PRIMARY
ELECTION FOR THOSE PARTICIPATING CANDIDATES WHO RECEIVED  PUBLIC  MONEYS
SOLELY FOR THE PRIMARY ELECTION.
  6.  (A)  PARTICIPATING  CANDIDATES  SHALL  PAY TO THE 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

A. 7394                            14

ALSO CONSIDER ANY OTHER RELEVANT INFORMATION REVEALED IN THE  COURSE  OF
ITS AUDITS OR INVESTIGATIONS OR THE INVESTIGATIONS BY ANY OTHER AGENCY.
  (B) (I) A PARTICIPATING CANDIDATE MAY NOT USE RECEIPTS FOR ANY PURPOSE
OTHER  THAN  DISBURSEMENTS  IN  THE PRECEDING ELECTION UNTIL ALL UNSPENT
PUBLIC CAMPAIGN FUNDS HAVE BEEN REPAID. A PARTICIPATING CANDIDATE  SHALL
HAVE THE BURDEN OF DEMONSTRATING THAT A POST-ELECTION EXPENDITURE IS FOR
THE PRECEDING ELECTION.
  (II)  BEFORE  REPAYING  UNSPENT PUBLIC CAMPAIGN FUNDS, A PARTICIPATING
CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES ONLY  FOR  ROUTINE  ACTIV-
ITIES  INVOLVING NOMINAL COSTS ASSOCIATED WITH WINDING UP A CAMPAIGN AND
RESPONDING TO THE POST-ELECTION AUDIT. SUCH  EXPENDITURES  MAY  INCLUDE:
PAYMENT  OF  UTILITY  BILLS  AND  RENT;  REASONABLE  STAFF  SALARIES AND
CONSULTANT FEES FOR RESPONDING  TO  A  POST-ELECTION  AUDIT;  REASONABLE
MOVING  EXPENSES  RELATED  TO  CLOSING A CAMPAIGN OFFICE; A HOLIDAY CARD
MAILING TO CONTRIBUTORS, CAMPAIGN VOLUNTEERS, AND STAFF  MEMBERS;  THANK
YOU  NOTES  FOR  CONTRIBUTORS,  CAMPAIGN  VOLUNTEERS, AND STAFF MEMBERS;
PAYMENT OF TAXES AND  OTHER  REASONABLE  EXPENSES  FOR  COMPLIANCE  WITH
APPLICABLE  TAX  LAWS;  AND  INTEREST  EXPENSES.  ROUTINE  POST-ELECTION
EXPENDITURES THAT MAY BE PAID FOR WITH UNSPENT  CAMPAIGN  FUNDS  DO  NOT
INCLUDE  SUCH ITEMS AS POST-ELECTION MAILINGS OTHER THAN AS SPECIFICALLY
PROVIDED FOR IN THIS SUBPARAGRAPH; MAKING  CONTRIBUTIONS;  MAKING  BONUS
PAYMENTS OR GIFTS TO STAFF MEMBERS OR VOLUNTEERS, OR HOLDING ANY POST-E-
LECTION DAY EVENT, INCLUDING, BUT NOT LIMITED TO, ANY MEAL OR ANY PARTY.
UNSPENT  CAMPAIGN  FUNDS  MAY NOT BE USED FOR TRANSITION OR INAUGURATION
ACTIVITIES.
  7. ALL MONIES RECEIVED BY THE CAMPAIGN FINANCE BOARD PURSUANT TO  THIS
SECTION SHALL BE DEPOSITED INTO THE NEW YORK STATE CAMPAIGN FINANCE FUND
PURSUANT TO SECTION NINETY-NINE-U OF THE STATE FINANCE LAW.
  S  4. The general business law is amended by adding a new section 359-
gg to read as follows:
  S 359-GG. ADDITIONAL SURCHARGE. IN ADDITION TO ANY PENALTY  AUTHORIZED
BY  SECTION THREE HUNDRED FIFTY-NINE-G OF THIS ARTICLE OR ANY DAMAGES OR
OTHER COMPENSATION  RECOVERABLE  INCLUDING,  BUT  NOT  LIMITED  TO,  ANY
SETTLEMENT  AUTHORIZED  BY  SECTION  SIXTY-THREE OR SIXTY-THREE-C OF THE
EXECUTIVE LAW, THERE SHALL BE ASSESSED THEREON AN  ADDITIONAL  SURCHARGE
IN  THE  AMOUNT  OF  TEN  PERCENT  OF  THE TOTAL AMOUNT OF SUCH PENALTY,
DAMAGES OR SETTLEMENT. SUCH SURCHARGE SHALL BE DEPOSITED IN THE NEW YORK
STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-NINE-U OF  THE
STATE FINANCE LAW.
  S  5. The state finance law is amended by adding a new section 99-u to
read as follows:
  S 99-U. NEW YORK STATE CAMPAIGN  FINANCE  FUND.  1.  THERE  IS  HEREBY
ESTABLISHED IN THE CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE A
SPECIAL FUND TO BE KNOWN AS THE NEW YORK STATE CAMPAIGN FINANCE FUND.
  2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE SURCHARGE
IMPOSED  PURSUANT  TO SECTION THREE HUNDRED FIFTY-NINE-GG OF THE GENERAL
BUSINESS LAW, REVENUES RECEIVED FROM  CAMPAIGN  FINANCE  FUND  CHECK-OFF
PURSUANT  TO  SECTION  SIX HUNDRED THIRTY-C OF THE TAX LAW AND ALL OTHER
MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY  OTHER  FUND  OR  SOURCE
PURSUANT  TO  LAW.  NOTHING  CONTAINED IN THIS SECTION SHALL PREVENT THE
STATE FROM RECEIVING GRANTS, GIFTS, BEQUESTS OR VOLUNTARY  CONTRIBUTIONS
FOR  THE  PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING
THEM INTO THE FUND ACCORDING TO LAW.  MONIES IN THE FUND SHALL  BE  KEPT
SEPARATE FROM AND NOT COMMINGLED WITH OTHER FUNDS HELD IN THE CUSTODY OF
THE COMMISSIONER OF TAXATION AND FINANCE.

A. 7394                            15

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

A. 7394                            16

directly  involved  in the controversy in which such judgment shall have
been rendered.
  S 8. This act shall take effect January 1, 2014.