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

                                  4501

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 3, 2013
                               ___________

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

AN ACT to amend the election law, the tax law and the  legislative  law,
  in  relation  to  providing  for a program for clean election campaign
  financing and to repeal certain provisions of the election law  relat-
  ing to the state board of elections

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

  Section 1. Legislative  findings  and  declarations.  The  legislature
finds  and  declares  that  the  current  system  of  privately financed
campaigns diminishes the meaning of the right to vote by allowing  large
contributions  to have a deleterious influence on the political process.
As the U.S. Supreme Court found in  BUCKLEY  V.  VALEO,  states  have  a
compelling  interest "to reduce the deleterious effect of large contrib-
utions on our political process." The current system also  violates  the
rights  of  all  citizens  to  equal and meaningful participation in the
democratic or political process. It diminishes the free-speech rights of
non-wealthy voters and candidates whose voices are muffled by those  who
can  afford  to  monopolize political communications.  Additionally, the
current system fuels the public perception of conflicts of interest  and
the  domination  of special money interests.  That perception undermines
the electorate's confidence in the democratic process. It also makes  it
very difficult for qualified candidates without access to large contrib-
utors  or  personal  fortunes to mount competitive campaigns. Because it
places challengers at a distinct disadvantage, the system  inhibits  the
free exchange of ideas and communication with the electorate.
  The  legislature  finds  and declares that providing a voluntary clean
elections campaign finance system would enhance democracy. It would help
eliminate the deleterious influence of large contributions on the  poli-
tical process, remove access to wealth as a major determinant of a citi-
zen's influence within the political process, and restore the meaning of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07180-01-3
              

S. 4501                             2

the  principle of "one person, one vote." It would also help restore the
rights of all citizens to equal  and  meaningful  participation  in  the
democratic process.
  Instituting  a  public financing program would restore the free-speech
rights of non-wealthy candidates and voters by providing candidates with
resources with which to communicate ideas with the  electorate.  Such  a
system  would  thus help enhance the First Amendment rights of the elec-
torate and candidates to be heard in the  political  process.  It  would
help restore the core First Amendment value of open and robust debate in
the  political  process. It would also diminish the electorate's percep-
tion of domination of special  interests  and  strengthen  the  public's
confidence  in the democratic process and institutions. By providing for
public financing, this act also addresses the genuine concern about  the
amount  of  time  and  effort  that  a  candidate must devote to raising
campaign funds.
  S 2. The election law is amended by adding a new article 14-A to  read
as follows:
                              ARTICLE 14-A
                             CLEAN ELECTION
                           CAMPAIGN FINANCING
SECTION 14-150. DEFINITIONS.
        14-152. ELIGIBILITY AND OTHER REQUIREMENTS.
        14-154. QUALIFIED CAMPAIGN EXPENDITURES.
        14-156. CAMPAIGN CONTRIBUTIONS.
        14-158. OPTIONAL CLEAN ELECTION CAMPAIGN FINANCING.
        14-160. RECEIPT  AND EXPENDITURE LIMITATIONS; ADDITIONAL FINANC-
                  ING AND LIMITS.
        14-162. POWER OF BOARD OF ELECTIONS.
        14-164. NEW YORK STATE CLEAN ELECTION CAMPAIGN FINANCE FUND.
        14-166. DISBURSAL OF REVENUE FOR CLEAN ELECTION CAMPAIGN FINANC-
                  ING.
        14-168. EXAMINATIONS AND AUDITS; REPAYMENTS.
        14-170. PENALTIES.
        14-172. CAMPAIGNS FOR OFFICE NOT SUBJECT TO THIS ARTICLE.
        14-174. REPORTS.
        14-176. CONSTRUCTION.
        14-178. JOINT CAMPAIGN ACTIVITIES.
  S 14-150. DEFINITIONS. FOR PURPOSES OF  THIS  ARTICLE,  THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  THE TERM "QUALIFIED CANDIDATE" SHALL MEAN ANY CANDIDATE FOR NOMI-
NATION FOR ELECTION, OR ELECTION, TO THE OFFICE OF GOVERNOR,  LIEUTENANT
GOVERNOR, COMPTROLLER, ATTORNEY GENERAL, STATE SENATOR, MEMBER OF ASSEM-
BLY  OR  DISTRICT  ATTORNEY  WHO  QUALIFIES FOR CLEAN ELECTIONS FUNDS BY
COLLECTING THE REQUIRED NUMBER OF QUALIFIED CONTRIBUTIONS  AND  AGREEING
TO OTHER REQUIREMENTS SPECIFIED HEREIN.
  2.  THE TERM "PRINCIPAL COMMITTEE" SHALL MEAN THE AUTHORIZED COMMITTEE
DESIGNATED BY A CANDIDATE PURSUANT TO THIS ARTICLE.
  3. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE
FOR WHICH CLEAN ELECTION CAMPAIGN FUNDS MAY BE USED.
  4. THE TERM "FUND" SHALL  MEAN  THE  NEW  YORK  STATE  CLEAN  ELECTION
CAMPAIGN FUND.
  5. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE TOTAL AMOUNT OF
QUALIFYING  CONTRIBUTIONS THAT A PARTICIPATING CANDIDATE AND THE AUTHOR-
IZED COMMITTEES OF SUCH CANDIDATE MUST RECEIVE IN ORDER FOR SUCH  CANDI-
DATE TO QUALIFY FOR CLEAN ELECTION FUNDING PURSUANT TO THIS ARTICLE.

S. 4501                             3

  6.  THE  TERM  "AUTHORIZED COMMITTEE" SHALL MEAN A POLITICAL COMMITTEE
WHICH HAS BEEN AUTHORIZED BY ONE OR MORE CANDIDATES TO AID OR TAKE  PART
IN  THE  ELECTIONS OF SUCH CANDIDATE OR CANDIDATES AND WHICH HAS FILED A
STATEMENT THAT SUCH CANDIDATE OR CANDIDATES HAVE AUTHORIZED  SUCH  POLI-
TICAL COMMITTEE PURSUANT TO SECTION 14-112 OF THIS CHAPTER.
  7.  THE  TERM  "CONTRIBUTION"  SHALL MEAN: (A) ANY GIFT, SUBSCRIPTION,
ADVANCE, OR DEPOSIT OF MONEY OR ANY THING OF VALUE, MADE  IN  CONNECTION
WITH THE NOMINATION FOR ELECTION, OR ELECTION, OF ANY CANDIDATE; (B) ANY
FUNDS RECEIVED BY A POLITICAL COMMITTEE FROM ANOTHER POLITICAL COMMITTEE
TO  THE EXTENT SUCH FUNDS DO NOT CONSTITUTE A TRANSFER; (C) ANY PAYMENT,
BY ANY PERSON OTHER THAN A CANDIDATE OR A POLITICAL COMMITTEE AUTHORIZED
BY THE CANDIDATE, MADE IN CONNECTION WITH THE NOMINATION  FOR  ELECTION,
OR ELECTION, OF ANY CANDIDATE, 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 CONTRIB-
UTION IF IT IS MADE, TAKEN OR PERFORMED  BY  A  PERSON  OR  A  POLITICAL
COMMITTEE INDEPENDENT OF THE CANDIDATE OR HIS OR HER AGENTS OR POLITICAL
COMMITTEES  AUTHORIZED  BY  SUCH CANDIDATE PURSUANT TO SECTION 14-112 OF
THIS CHAPTER. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "INDEPENDENT OF
THE CANDIDATE OR HIS OR HER AGENTS OR POLITICAL COMMITTEES AUTHORIZED BY
SUCH CANDIDATE PURSUANT TO SECTION 14-112 OF THIS  CHAPTER"  SHALL  MEAN
THAT  THE  CANDIDATE  OR  HIS  OR  HER AGENTS OR POLITICAL COMMITTEES SO
AUTHORIZED BY SUCH CANDIDATE DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER
OR COOPERATE IN ANY SUCH ACTIVITY; 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, AND
  (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.
  A LOAN MADE TO A QUALIFIED CANDIDATE OR  AN  AUTHORIZED  COMMITTEE  OF
SUCH CANDIDATE OTHER THAN IN THE REGULAR COURSE OF THE LENDER'S BUSINESS
SHALL  BE DEEMED, TO THE EXTENT NOT REPAID BY THE DATE OF THE PRIMARY OR
GENERAL ELECTION, AS THE CASE MAY BE, A CONTRIBUTION BY  THE  LENDER.  A
LOAN  MADE  TO  A QUALIFIED CANDIDATE OR AN AUTHORIZED COMMITTEE OF SUCH
CANDIDATE IN THE REGULAR  COURSE  OF  THE  LENDER'S  BUSINESS  SHALL  BE
DEEMED,  TO  THE EXTENT NOT REPAID BY THE DATE OF THE PRIMARY OR GENERAL
ELECTION, AS THE CASE MAY BE, A CONTRIBUTION BY THE OBLIGOR ON THE  LOAN
AND  BY ANY OTHER PERSON ENDORSING, COSIGNING, GUARANTEEING, COLLATERAL-
IZING OR OTHERWISE PROVIDING SECURITY FOR THE LOAN.
  8. THE TERM "QUALIFYING CONTRIBUTION" SHALL  MEAN  A  CONTRIBUTION  OF
FIVE  DOLLARS  PER  CONTRIBUTION TO THE CLEAN ELECTION CAMPAIGN FUND AND
WHICH IS COUNTED TOWARD THE AGGREGATE NUMBER OF QUALIFYING CONTRIBUTIONS
NEEDED TO MEET THE THRESHOLD AMOUNT FOR A SPECIFIC OFFICE.   A  CONTRIB-
UTION  SHALL  BE DEEMED A QUALIFYING CONTRIBUTION ONLY IF MADE BY CHECK,
MONEY ORDER OR IN CASH AND ONLY IF ACCOMPANIED  BY  A  SIGNED  STATEMENT
THAT  IT  IS  INTENDED TO BE A CONTRIBUTION TO A CLEAN ELECTION CAMPAIGN
FUND. FOR A CANDIDATE SEEKING THE NOMINATION OF A POLITICAL  PARTY,  THE

S. 4501                             4

NUMBER  OF  QUALIFYING  CONTRIBUTIONS FROM THE CANDIDATE'S PARTY MUST BE
EQUAL TO FIVE PERCENT OF THE VOTERS REGISTERED IN  THAT  PARTY  IN  THAT
DISTRICT  OR  THE  MINIMUM  NUMBER  OF  QUALIFYING CONTRIBUTIONS NEEDED,
WHICHEVER IS LESS.
  9.  THE  TERM "TRANSFER" SHALL MEAN ANY EXCHANGE OF FUNDS OR ANY THING
OF VALUE BETWEEN POLITICAL COMMITTEES AUTHORIZED BY THE  SAME  CANDIDATE
PURSUANT TO SECTION 14-112 OF THIS CHAPTER AND TAKING PART IN HIS OR HER
CAMPAIGN.
  10.  THE  TERM  "COVERED ELECTION" SHALL MEAN ANY PRIMARY ELECTION FOR
NOMINATION, SPECIAL OR GENERAL ELECTION FOR ELECTION FOR THE  OFFICE  OF
GOVERNOR,  LIEUTENANT  GOVERNOR,  COMPTROLLER,  ATTORNEY  GENERAL, STATE
SENATOR, MEMBER OF ASSEMBLY OR DISTRICT ATTORNEY.
  11. THE TERM "POLITICAL COMMITTEE" SHALL MEAN ANY  CORPORATION  AIDING
OR  PROMOTING AND ANY COMMITTEE, POLITICAL CLUB OR COMBINATION OF ONE OR
MORE PERSONS OPERATING OR COOPERATING TO AID OR TO PROMOTE  THE  SUCCESS
OR  DEFEAT  OF A POLITICAL QUESTION OR PRINCIPLE, OR TO AID OR TAKE PART
IN THE ELECTION OR DEFEAT OF A CANDIDATE FOR PUBLIC OFFICE OR TO AID  OR
TAKE  PART  IN THE ELECTION OR DEFEAT OF A CANDIDATE FOR NOMINATION AT A
PRIMARY ELECTION OR CONVENTION, INCLUDING ALL PROCEEDINGS PRIOR TO  SUCH
PRIMARY  ELECTION, OR OF A CANDIDATE FOR ANY PARTY POSITION VOTED FOR AT
A PRIMARY ELECTION, OR TO AID OR DEFEAT THE NOMINATION BY PETITION OF AN
INDEPENDENT CANDIDATE FOR PUBLIC OFFICE; BUT  NOTHING  IN  THIS  ARTICLE
SHALL  APPLY  TO  ANY  COMMITTEE  OR  ORGANIZATION FOR THE DISCUSSION OR
ADVANCEMENT OF POLITICAL QUESTIONS OR PRINCIPLES WITHOUT CONNECTION WITH
ANY VOTE. "POLITICAL COMMITTEE" SHALL INCLUDE  ANY  PARTY  COMMITTEE  OR
CONSTITUTED COMMITTEE, AS SUCH COMMITTEES ARE DEFINED IN THIS CHAPTER.
  12.  THE  TERM  "INTERMEDIARY"  SHALL MEAN AN INDIVIDUAL, CORPORATION,
PARTNERSHIP, POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER  ENTITY
WHICH,  OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIV-
ERY OR MESSENGER SERVICE, DELIVERS ANY CONTRIBUTION FROM ANOTHER  PERSON
OR  ENTITY  TO  A  CANDIDATE  OR AN AUTHORIZED COMMITTEE. "INTERMEDIARY"
SHALL NOT INCLUDE SPOUSES, PARENTS, CHILDREN OR SIBLINGS OF  THE  PERSON
MAKING SUCH CONTRIBUTION.
  13. THE TERM "ALLOWABLE CONTRIBUTION" SHALL MEAN A SEED MONEY CONTRIB-
UTION  OR  PERSONAL CONTRIBUTION PERMITTED UNDER THE TERMS OF THIS ARTI-
CLE.
  14. THE TERM "SEED MONEY CONTRIBUTION" SHALL MEAN  A  SINGLE  CONTRIB-
UTION FROM A NATURAL PERSON ONLY OF NO MORE THAN ONE HUNDRED DOLLARS PER
CONTRIBUTION,  WHICH IS COLLECTED BEFORE THE END OF THE QUALIFYING PERI-
OD. THIS MONEY CAN ONLY BE SPENT FOR START-UP COSTS PRIOR TO  QUALIFYING
FOR  PUBLIC  FINANCING. THE AGGREGATE AMOUNT OF SEED MONEY ALLOWED TO BE
RAISED PER CANDIDATE SHALL BE SET ACCORDING TO  THE  OFFICE  SOUGHT  AND
SPECIFIED IN SECTION 14-160 OF THIS ARTICLE.
  15.  THE TERM "PRIMARY ELECTION CAMPAIGN PERIOD" SHALL MEAN THE PERIOD
AFTER THE QUALIFYING PERIOD ENDING ON THE PRIMARY DAY.
  16. THE TERM "GENERAL ELECTION CAMPAIGN PERIOD" SHALL MEAN THE  PERIOD
BEGINNING  THE  DAY  AFTER  THE PRIMARY AND ENDING THIRTY DAYS AFTER THE
GENERAL ELECTION.
  17. THE TERM "INDEPENDENT EXPENDITURE" SHALL MEAN  AN  EXPENDITURE  BY
ANY  PERSON, POLITICAL PARTY OR OTHER ENTITY OTHER THAN A CANDIDATE OR A
CANDIDATE'S AUTHORIZED COMMITTEE THAT IS MADE FOR A  COMMUNICATION  THAT
EXPRESSLY  ADVOCATES  THE  ELECTION  OR  DEFEAT  OF A CLEARLY IDENTIFIED
CANDIDATE WHICH IS MADE WITHOUT PARTICIPATION,  COOPERATION  OR  COORDI-
NATION  OR  CONSULTATION  WITH  ANY  CANDIDATE, CANDIDATE'S COMMITTEE OR
PERSONS WORKING ON BEHALF OF A CANDIDATE. A PERSON, POLITICAL  PARTY  OR
ENTITY IS PRESUMED TO BE IN COOPERATION OR COORDINATION WITH A CANDIDATE

S. 4501                             5

IF THEY PROVIDE THE CANDIDATE WITH ANYTHING OF VALUE, DISCUSS DEMOGRAPH-
ICS, POLLING OR RELATED CAMPAIGN STRATEGY WITH A CANDIDATE, ANY CAMPAIGN
CONSULTANT  OR  AGENT; OR ENGAGE IN JOINT FUNDRAISING WITH THE CAMPAIGN,
ONCE ANY TYPE OF COORDINATION IS ESTABLISHED, THE PERIOD OF COORDINATION
IS PRESUMED TO BE THE ENTIRE CAMPAIGN.
  18.  THE TERM "NON-PARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE WHO
REJECTS CLEAN ELECTION CAMPAIGN FINANCING  AND  CHOOSES  TO  RUN  IN  AN
ELECTION WITH CAMPAIGN CONTRIBUTIONS RAISED FROM PRIVATE SOURCES, OR WHO
OTHERWISE  IS INELIGIBLE OR FAILS TO QUALIFY FOR CLEAN ELECTION CAMPAIGN
FINANCING. NON-PARTICIPATING CANDIDATES ARE INELIGIBLE TO RECEIVE  CLEAN
ELECTION  CAMPAIGN  FINANCING OR OTHER BENEFITS AS DEFINED BY THIS ARTI-
CLE.
  19. THE TERM "START-UP COSTS" SHALL MEAN THE COSTS AND SERVICE  NECES-
SARY  FOR  A  CANDIDATE TO ADEQUATELY EXPLORE THE POSSIBILITY OF RUNNING
FOR ELECTED OFFICE.
  20. THE TERM "INDEPENDENT ELECTION DEBIT CARD" SHALL MEAN A DEBIT CARD
ISSUED BY THE NEW YORK STATE BOARD OF ELECTIONS  ENTITLING  A  CANDIDATE
AND  DESIGNATED  MEMBERS OF THE CANDIDATE STAFF TO DRAW MONEY FROM A NEW
YORK STATE CLEAN ELECTION CAMPAIGN FUND TO PAY ALL  CAMPAIGN  COSTS  AND
EXPENSES.
  21.  THE  TERM  "QUALIFYING PERIOD" SHALL MEAN THE PERIOD DURING WHICH
PARTICIPATING CANDIDATES COLLECT QUALIFYING CONTRIBUTIONS.
  S 14-152. ELIGIBILITY AND OTHER REQUIREMENTS. 1. TO  BE  ELIGIBLE  FOR
CLEAN  ELECTION  FUNDING  UNDER THIS ARTICLE, A CANDIDATE FOR NOMINATION
FOR ELECTION OR ELECTION MUST:
  (A) MEET ALL THE REQUIREMENTS OF LAW TO HAVE HIS OR HER  NAME  ON  THE
BALLOT;
  (B)  BE  A  CANDIDATE  FOR GOVERNOR, LIEUTENANT GOVERNOR, COMPTROLLER,
ATTORNEY GENERAL, STATE SENATE OR ASSEMBLY OR  DISTRICT  ATTORNEY  IN  A
PRIMARY  OR  GENERAL ELECTION AND MEET THE THRESHOLD FOR ELIGIBILITY SET
FORTH IN SUBDIVISION TWO OF THIS SECTION;
  (C) CHOOSE TO PARTICIPATE  IN  THE  CLEAN  ELECTION  CAMPAIGN  FUNDING
PROVISIONS  OF  THIS  ARTICLE, BY FILING A WRITTEN CERTIFICATION IN SUCH
FORM AS MAY BE PRESCRIBED BY THE BOARD OF ELECTIONS,  WHICH  SETS  FORTH
HIS  OR  HER  ACCEPTANCE  OF  AND AGREEMENT TO COMPLY WITH THE TERMS AND
CONDITIONS FOR THE PROVISION OF SUCH FUNDS;  SUCH  CERTIFICATION  TO  BE
FILED WITH THE BOARD OF ELECTIONS AS FOLLOWS:
  (I) THE QUALIFYING PERIOD SHALL COMMENCE ON NOVEMBER FIRST OF THE YEAR
PRIOR  TO  THE  ELECTION  AND END ON MAY THIRTY-FIRST OF THE YEAR OF THE
ELECTION;
  (II) CANDIDATES WHO QUALIFY FOR  FUNDS  AUTOMATICALLY  ACHIEVE  BALLOT
STATUS  AND  DO  NOT  NEED TO ESTABLISH BALLOT STATUS THROUGH THE ESTAB-
LISHED PETITION PROCESS;
  (III) CANDIDATES WHO QUALIFY FOR FUNDS MAY BEGIN DRAWING ON SUCH FUNDS
AS OF APRIL FIRST OR FIVE DAYS AFTER QUALIFYING, WHICHEVER IS LATER;
  (IV) CANDIDATES WHO WIN A PRIMARY ELECTION SHALL RECEIVE FUNDS  WITHIN
FIVE DAYS AFTER THE DATE OF THE PRIMARY;
  (V) THE QUALIFICATION PERIOD IN A SPECIAL ELECTION SHALL BEGIN THE DAY
THE  ELECTION  IS  ANNOUNCED.  CANDIDATES SHALL HAVE UP TO FOURTEEN DAYS
BEFORE THE DATE OF THE SPECIAL ELECTION TO COLLECT  QUALIFYING  CONTRIB-
UTIONS.  THE  NUMBER  OF  QUALIFYING  CONTRIBUTIONS SHALL BE HALF OF THE
NUMBER OF CONTRIBUTIONS REQUIRED IN A GENERAL ELECTION. FUNDS  SHALL  BE
RELEASED  TO SPECIAL ELECTION CANDIDATES WITHIN THREE DAYS OF SUBMISSION
OF QUALIFYING CONTRIBUTIONS;
  (D) OBTAIN AND FURNISH TO THE BOARD ANY  INFORMATION  IT  MAY  REQUEST
RELATING  TO  HIS  OR  HER  CAMPAIGN  EXPENDITURES  OR CONTRIBUTIONS AND

S. 4501                             6

FURNISH SUCH DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS ARTI-
CLE AS MAY BE REQUESTED BY SUCH BOARD;
  (E)  NOTIFY THE BOARD AS TO THE EXISTENCE OF EACH AUTHORIZED COMMITTEE
AUTHORIZED BY SUCH CANDIDATE, WHETHER ANY SUCH  COMMITTEE  HAS  BEEN  SO
AUTHORIZED  BY ANY OTHER CANDIDATE, AND, IF THE CANDIDATE HAS AUTHORIZED
MORE THAN ONE AUTHORIZED COMMITTEE, WHICH HAS  BEEN  DESIGNATED  BY  THE
CANDIDATE AS THE PRINCIPAL COMMITTEE PURSUANT TO THIS ARTICLE;
  (F)  NOT ACCEPT AND HIS OR HER PRINCIPAL COMMITTEE AND ANY OTHER POLI-
TICAL COMMITTEE AUTHORIZED BY SUCH CANDIDATE  MUST  NOT  ACCEPT,  EITHER
DIRECTLY  OR  BY  TRANSFER,  ANY  CONTRIBUTION OR CONTRIBUTIONS FROM ANY
INDIVIDUAL,  CORPORATION,  PARTNERSHIP,  POLITICAL  COMMITTEE,  EMPLOYEE
ORGANIZATION  OR OTHER ENTITY FOR ALL COVERED ELECTIONS HELD IN THE SAME
CALENDAR YEAR IN WHICH HE OR SHE IS A PARTICIPATING CANDIDATE EXCEPT FOR
SEED MONEY AS FOLLOWS:   CANDIDATES  MAY  EXPEND  SEED  MONEY  TO  COVER
EXPENSES  RELATED TO EXPLORING THE FEASIBILITY OF RUNNING FOR OFFICE AND
COLLECTING QUALIFYING CONTRIBUTIONS. NO PERSON, INCLUDING THE  CANDIDATE
MAY  MAKE  A  SEED  MONEY  CONTRIBUTION  TO A CANDIDATE IN EXCESS OF ONE
HUNDRED DOLLARS AND SEED MONEY MAY ONLY BE CONTRIBUTED  BY  INDIVIDUALS.
SEED  MONEY  MAY  ONLY BE COLLECTED AND SEED MONEY FUNDS USED DURING THE
QUALIFYING PERIOD.
  (G) MAINTAIN SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR  A  COVERED
ELECTION AS REQUIRED BY THE BOARD;
  (H)  NOT  MAKE  AND HIS OR HER PRINCIPAL COMMITTEE AND ANY OTHER POLI-
TICAL COMMITTEE AUTHORIZED BY SUCH CANDIDATE MUST NOT MAKE  EXPENDITURES
WHICH IN THE AGGREGATE EXCEED THE APPLICABLE EXPENDITURE LIMITATIONS SET
FORTH IN SECTION 14-160 OF THIS ARTICLE;
  (I)  AGREE  TO  PARTICIPATE  IN AT LEAST TWO PUBLIC DEBATES WITH OTHER
QUALIFIED CANDIDATES PRIOR TO THE DATE OF  A  PRIMARY  ELECTION  AND  AT
LEAST THREE DEBATES WITH OTHER QUALIFIED CANDIDATES PRIOR TO THE DATE OF
A  GENERAL OR SPECIAL ELECTION.  SUCH DEBATES SHALL BE ESTABLISHED UNDER
REGULATIONS PROMULGATED BY THE BOARD OF ELECTIONS.  IF A CANDIDATE FAILS
TO PARTICIPATE IN ANY DEBATE  REQUIRED  UNDER  THIS  SECTION  BEFORE  AN
ELECTION,  THE CANDIDATE SHALL BE LIABLE FOR RETURN OF MONEYS PREVIOUSLY
RECEIVED FOR USE BY THE CANDIDATE TO PAY ELECTION CAMPAIGN EXPENSES  AND
SHALL BE INELIGIBLE TO RECEIVE ANY FURTHER CLEAN ELECTION CAMPAIGN FUNDS
FOR  THAT  ELECTION.  FOR  PURPOSES  OF  THIS SUBDIVISION, EACH PRIMARY,
GENERAL, SPECIAL OR RUN OFF ELECTION  SHALL  BE  CONSIDERED  A  SEPARATE
ELECTION; AND
  (J) MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION TWO OF
THIS SECTION.
  2. (A) THE THRESHOLD FOR ELIGIBILITY FOR CLEAN ELECTION CAMPAIGN FUND-
ING  FOR  PARTICIPATING CANDIDATES IN A GENERAL ELECTION SHALL BE IN THE
CASE OF:
  (I) CANDIDATES FOR STATE SENATE MUST COLLECT  AT  LEAST  ONE  THOUSAND
QUALIFYING  CONTRIBUTIONS  FROM  PERSONS  ELIGIBLE  TO VOTE IN THE STATE
SENATE DISTRICT;
  (II) CANDIDATES FOR STATE ASSEMBLY MUST COLLECT FOUR HUNDRED  QUALIFY-
ING  CONTRIBUTIONS  FROM  PERSONS ELIGIBLE TO VOTE IN THE STATE ASSEMBLY
DISTRICT;
  (III) CANDIDATES FOR GOVERNOR MUST COLLECT FIFTEEN THOUSAND QUALIFYING
CONTRIBUTIONS, INCLUDING AT LEAST TWO HUNDRED FIFTY  CONTRIBUTIONS  FROM
PERSONS  ELIGIBLE  TO  VOTE  IN  EACH OF A MAJORITY OF THE CONGRESSIONAL
DISTRICTS OF THE STATE;
  (IV) CANDIDATES FOR LIEUTENANT GOVERNOR, ATTORNEY  GENERAL  AND  COMP-
TROLLER MUST COLLECT TEN THOUSAND QUALIFYING CONTRIBUTIONS, INCLUDING AT

S. 4501                             7

LEAST ONE HUNDRED FIFTY CONTRIBUTIONS FROM PERSONS ELIGIBLE TO VOTE FROM
A MAJORITY OF THE CONGRESSIONAL DISTRICTS OF THE STATE;
  (V) CANDIDATES FOR DISTRICT ATTORNEY MUST COLLECT THE NUMBER OF QUALI-
FYING CONTRIBUTIONS FROM PERSONS ELIGIBLE TO VOTE IN THE COUNTY EQUAL TO
THE  POPULATION  OF  THE  COUNTY POPULATION ACCORDING TO THE LAST CENSUS
MULTIPLIED BY 0.0033, BUT NO LESS THAN ONE HUNDRED.
  (B) IN ADDITION TO THE REQUIREMENTS OF PARAGRAPH (A) OF THIS  SUBDIVI-
SION  IN  ORDER TO BE ELIGIBLE FOR CLEAN ELECTION CAMPAIGN FINANCING FOR
THE GENERAL ELECTIONS, THE  CANDIDATE  MUST  HAVE  PARTICIPATED  IN  THE
PRIMARY  ELECTION  AND RECEIVE THE HIGHEST NUMBER OF VOTES OF THE CANDI-
DATES CONTESTING THE PRIMARY ELECTION FROM HIS OR HER  RESPECTIVE  PARTY
AND  HAVE  WON THE PARTY'S NOMINATION. THIS PROVISION SHALL NOT APPLY TO
INDEPENDENT CANDIDATES, WHOSE ELIGIBILITY REQUIREMENTS ARE SET FORTH  IN
THIS SECTION.
  3.  (A)  IN  ORDER  TO  BE ELIGIBLE TO RECEIVE CLEAN ELECTION CAMPAIGN
FUNDS IN A PRIMARY ELECTION A QUALIFIED CANDIDATE MUST AGREE THAT IN THE
EVENT HE OR SHE IS A CANDIDATE FOR SUCH OFFICE  IN  ANY  OTHER  ELECTION
HELD  IN  THE  SAME  CALENDAR YEAR, THAT HE OR SHE WILL BE BOUND IN EACH
SUCH OTHER ELECTION  BY  THE  ELIGIBILITY  REQUIREMENTS  AND  ALL  OTHER
PROVISIONS OF THIS ARTICLE.
  (B) ANY QUALIFIED CANDIDATE MEETING THE THRESHOLD FOR ELIGIBILITY IN A
PRIMARY  ELECTION  FOR ONE OF THE OFFICES OUTLINED IN THIS ARTICLE SHALL
BE DEEMED TO HAVE MET THE THRESHOLD FOR ELIGIBILITY FOR SUCH  OFFICE  IN
ANY OTHER ELECTION HELD IN THE SAME CALENDAR YEAR.
  4.  QUALIFIED  CANDIDATES  WHO ARE CONTESTED IN A PRIMARY ELECTION FOR
NOMINATION FOR ELECTION TO OFFICE AND WHO DO NOT FILE A WRITTEN  CERTIF-
ICATION  PURSUANT  TO  PARAGRAPH  (C) OF SUBDIVISION ONE OF THIS SECTION
SHALL NOT BE ELIGIBLE FOR CLEAN ELECTION CAMPAIGN FUNDS FOR ANY ELECTION
TO SUCH OFFICE HELD IN THE SAME CALENDAR YEAR.
  5. QUALIFIED CANDIDATES WHO ARE UNOPPOSED IN A COVERED ELECTION  SHALL
BE  ELIGIBLE  TO  RECEIVE THIRTY-FIVE PERCENT OF THE FULL CLEAN ELECTION
CAMPAIGN FUNDS FOR SUCH ELECTION.
  6. NO POLITICAL COMMITTEE AUTHORIZED BY A QUALIFIED  CANDIDATE  FOR  A
COVERED  ELECTION MAY BE AUTHORIZED TO AID OR TAKE PART IN THE ELECTIONS
OF MORE THAN ONE CANDIDATE.
  7. ALL RECEIPTS OF SEED MONEY CONTRIBUTIONS ACCEPTED BY AN  AUTHORIZED
COMMITTEE  SHALL  BE DEPOSITED IN AN ACCOUNT OF THE PRINCIPAL COMMITTEE.
THE TREASURER OF THE  AUTHORIZED  COMMITTEE  SHALL  BE  RESPONSIBLE  FOR
MAKING  SUCH DEPOSITS. ALL DEPOSITS OF SEED MONEY CONTRIBUTIONS SHALL BE
MADE WITHIN TEN BUSINESS DAYS OF RECEIPT. EACH DISCLOSURE  REPORT  FILED
PURSUANT  TO  THIS ARTICLE SHALL INCLUDE THE DATE OF RECEIPT OF ALL SEED
MONEY CONTRIBUTIONS ACCEPTED.
  8. REGARDLESS OF WHETHER A QUALIFIED CANDIDATE DEMONSTRATES  ELIGIBIL-
ITY  FOR  CLEAN ELECTION CAMPAIGN FINANCING UNDER THIS ARTICLE, A QUALI-
FIED CANDIDATE AND HIS OR  HER  AUTHORIZED  COMMITTEES  ARE  NONETHELESS
REQUIRED  TO  ABIDE BY THE REQUIREMENTS OF PARAGRAPHS (D), (E), (F), (G)
AND (H) OF SUBDIVISION ONE OF THIS SECTION.
  9. A QUALIFIED CANDIDATE WHO RECEIVES CLEAN  ELECTION  CAMPAIGN  FUNDS
SHALL  NOT  ACCEPT  OR  SPEND  ANY FUNDS OTHER THAN SEED MONEY AND CLEAN
ELECTION CAMPAIGN FUNDS.
  10. A QUALIFIED CANDIDATE WHO RECEIVES CLEAN ELECTION  CAMPAIGN  FUNDS
SHALL IDENTIFY THE NAME OF THE CANDIDATE ON ALL PRINTED CAMPAIGN LITERA-
TURE,  AND  ACKNOWLEDGE  THEREIN THAT CLEAN ELECTION CAMPAIGN FUNDS WERE
USED IN PREPARATION OF THE SAME. ADDITIONALLY ALL TELEVISION  ADVERTISE-
MENTS AND RADIO ADVERTISEMENTS, MUST INCLUDE THE VOICE OF THE CANDIDATE.

S. 4501                             8

  S 14-154. QUALIFIED CAMPAIGN EXPENDITURES.  1. CLEAN ELECTION CAMPAIGN
FUNDS PROVIDED UNDER THE PROVISIONS OF THIS ARTICLE MAY BE USED ONLY FOR
EXPENDITURES  BY  AN  AUTHORIZED  COMMITTEE  ON BEHALF OF A CANDIDATE TO
FURTHER THE CANDIDATE'S NOMINATION FOR ELECTION OR ELECTION  DURING  THE
CALENDAR  YEAR  IN  WHICH  THE  PRIMARY OR GENERAL ELECTION IN WHICH THE
CANDIDATE IS SEEKING NOMINATION FOR ELECTION OR ELECTION IS HELD.
  2. SUCH FUNDS MAY NOT BE USED FOR:
  (A) AN EXPENDITURE IN VIOLATION OF ANY LAW;
  (B) PAYMENTS MADE TO THE CANDIDATE OR  A  SPOUSE,  CHILD,  GRANDCHILD,
PARENT,  GRANDPARENT,  BROTHER  OR  SISTER OF THE CANDIDATE OR SPOUSE OF
SUCH CHILD, GRANDCHILD, PARENT, GRANDPARENT, BROTHER OR SISTER, OR TO  A
BUSINESS  ENTITY  IN  WHICH  THE  CANDIDATE OR ANY SUCH PERSON HAS A TEN
PERCENT OR GREATER OWNERSHIP INTEREST;
  (C) PAYMENTS IN EXCESS OF THE FAIR MARKET VALUE OF  SERVICES,  MATERI-
ALS, FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
  (D)  (I)  ANY  EXPENDITURES  MADE AFTER THE CANDIDATE HAS BEEN FINALLY
DISQUALIFIED EXCEPT AS EXPENDITURES FOR  A  DIFFERENT  COVERED  ELECTION
HELD  LATER  IN  THE  SAME  CALENDAR  YEAR  IN WHICH THE CANDIDATE SEEKS
ELECTION FOR THE SAME OFFICE; AND
  (II) ANY EXPENDITURE MADE AFTER THE ONLY  REMAINING  OPPONENT  OF  THE
CANDIDATE  HAS  BEEN  FINALLY  DISQUALIFIED EXCEPT AS EXPENDITURES FOR A
DIFFERENT COVERED ELECTION HELD LATER IN THE SAME CALENDAR YEAR IN WHICH
THE CANDIDATE SEEKS ELECTION FOR THE SAME OFFICE;
  (E) PAYMENTS IN CASH, EXCEPT AS  PRESCRIBED  IN  SUBDIVISION  FOUR  OF
SECTION 14-166 OF THIS ARTICLE;
  (F)  ANY  CONTRIBUTION  OR LOAN MADE TO ANOTHER CANDIDATE OR POLITICAL
COMMITTEE; OR
  (G) GIFTS,  EXCEPT    BROCHURES,  BUTTONS,  SIGNS  AND  OTHER  PRINTED
CAMPAIGN MATERIAL.
  S  14-156.  CAMPAIGN CONTRIBUTIONS.  QUALIFIED CANDIDATES MUST FURNISH
COMPLETE CAMPAIGN RECORDS, INCLUDING ALL RECORDS OF SEED MONEY  CONTRIB-
UTIONS,  QUALIFYING  CONTRIBUTIONS  AND  EXPENDITURES  TO  THE  BOARD OF
ELECTIONS ON A QUARTERLY BASIS OR ON REQUEST BY THE BOARD.
  S 14-158. OPTIONAL CLEAN ELECTION CAMPAIGN FINANCING.  EACH  QUALIFIED
CANDIDATE  FOR NOMINATION FOR ELECTION OR ELECTION IN A COVERED ELECTION
MAY OBTAIN PAYMENT TO THE AUTHORIZED COMMITTEE DESIGNATED BY SUCH CANDI-
DATE PURSUANT TO THIS ARTICLE FROM CLEAN  ELECTION  CAMPAIGN  FUNDS  FOR
QUALIFIED  CAMPAIGN  EXPENDITURES,  IN ACCORDANCE WITH THE PROVISIONS OF
THIS ARTICLE, AND SUBJECT TO APPROPRIATION.
  1. NO SUCH CLEAN ELECTION CAMPAIGN FUNDS SHALL BE PAID TO A  PRINCIPAL
COMMITTEE  UNLESS  THE BOARD DETERMINES THAT THE QUALIFIED CANDIDATE HAS
MET THE ELIGIBILITY REQUIREMENTS OF  THIS  ARTICLE.  PAYMENT  SHALL  NOT
EXCEED  THE AMOUNTS SPECIFIED IN THIS ARTICLE, AND SHALL BE MADE ONLY IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. SUCH PAYMENT MAY BE MADE
ONLY TO THE QUALIFIED CANDIDATE'S PRINCIPAL COMMITTEE. NO CLEAN ELECTION
CAMPAIGN 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. A QUALIFIED CANDIDATE SEEKING OR OBTAINING NOMINATION FOR  ELECTION
BY  MORE  THAN  ONE  PARTY  SHALL BE DEEMED ONE CANDIDATE, AND SHALL NOT
RECEIVE ADDITIONAL CLEAN ELECTION CAMPAIGN FUNDS  OR  BE  AUTHORIZED  TO
ACCEPT  CONTRIBUTIONS  IN  EXCESS OF THE MAXIMUM CONTRIBUTION APPLICABLE
PURSUANT TO PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION 14-152  OF  THIS
ARTICLE  OR  MAKE  ADDITIONAL  EXPENDITURES  BY REASON OF SUCH CANDIDATE
SEEKING OR OBTAINING NOMINATION FOR ELECTION BY MORE THAN ONE PARTY.

S. 4501                             9

  3. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, IF THERE IS AN
ADDITIONAL DAY FOR VOTING HELD PURSUANT TO SECTION 3-108 OF THIS CHAPTER
OR AN ELECTION HELD PURSUANT TO COURT ORDER, A  QUALIFIED  CANDIDATE  IN
SUCH  ELECTION  SHALL OBTAIN PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES
IN  AN  AMOUNT  EQUAL  TO TWENTY-FIVE CENTS FOR EACH ONE DOLLAR OF CLEAN
ELECTION CAMPAIGN FUNDS PAID PURSUANT TO THIS ARTICLE TO THE CANDIDATE'S
PRINCIPAL COMMITTEE FOR THE PRECEDING ELECTION. EXCEPT  AS  PROVIDED  BY
THIS  SUBDIVISION,  NO ADDITIONAL CLEAN ELECTION CAMPAIGN FUNDS SHALL BE
PROVIDED TO ANY CANDIDATE  FOR  SUCH  ELECTION  OR  ADDITIONAL  DAY  FOR
VOTING.
  S  14-160.  RECEIPT  AND EXPENDITURE LIMITATIONS; ADDITIONAL FINANCING
AND LIMITS. 1. (A) THE FOLLOWING LIMITATIONS APPLY TO ALL RECEIPTS  MADE
FROM  A  CLEAN  ELECTION  CAMPAIGN  FUND  AND ALL EXPENDITURES MADE BY A
CANDIDATE AND HIS OR HER AUTHORIZED COMMITTEES ON OR AFTER THE FIRST DAY
OF JANUARY PRECEDING THE ELECTION FOR WHICH SUCH  CANDIDATE  CHOOSES  TO
PARTICIPATE  IN  THE  CLEAN ELECTION CAMPAIGN FUNDING PROVISIONS OF THIS
ARTICLE AND TO EXPENDITURES MADE AT ANY TIME  PRIOR  TO  SUCH  DATE  FOR
SERVICES,  MATERIALS,  FACILITIES,  ADVERTISING OR OTHER THINGS OF VALUE
RECEIVED, RENDERED, PUBLISHED, DISTRIBUTED OR BROADCAST ON OR AFTER SUCH
DATE.  EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS  SECTION,  IN  EACH
GENERAL  ELECTION,  RECEIPTS  FROM  A  CLEAN  ELECTION CAMPAIGN FUND AND
EXPENDITURES BY A PARTICIPATING  CANDIDATE  FOR  ONE  OF  THE  FOLLOWING
OFFICES  AND  HIS  OR  HER  AUTHORIZED  COMMITTEES  SHALL NOT EXCEED THE
FOLLOWING AMOUNTS:
OFFICE                GENERAL ELECTION          PRIMARY ELECTION
GOVERNOR              $7,000,000                75 CENTS/ENROLLED VOTER
LT. GOV.              N.A.                      75 CENTS/ENROLLED VOTER
                                                BUT NOT TO EXCEED
                                                $1,250,000
ATT. GENERAL          $2,500,000                75 CENTS/ENROLLED VOTER
                                                BUT NOT TO EXCEED
                                                $1,250,000
COMPTROLLER           $2,500,000                75 CENTS/ ENROLLED VOTER
                                                BUT NOT TO EXCEED
                                                $1,250,000
DISTRICT ATTORNEY     $7,000,000 X COUNTY POP.  $3,000,000 X COUNTY POP.
                                   -----------               ------------
                                    STATE POP.              STATE POP.
STATE SENATE          $  150,000                $1.75/ENROLLED VOTER
                                                 BUT NOT TO EXCEED
                                                 $30,000
STATE ASSEMBLY        $  75,000                 $1.75/ENROLLED VOTER
                                                 BUT NOT TO EXCEED
                                                 $15,000
  (B) NOT LATER THAN THE FIRST DAY OF MARCH IN  THE  YEAR  TWO  THOUSAND
TWENTY-ONE,  AND EVERY FOURTH YEAR THEREAFTER THE BOARD SHALL (I) DETER-
MINE THE PERCENTAGE DIFFERENCE BETWEEN THE AVERAGE OVER A CALENDAR  YEAR
OF  THE CONSUMER PRICE INDEX FOR ALL URBAN AREAS PUBLISHED BY THE UNITED
STATES BUREAU OF LABOR STATISTICS FOR THE TWELVE  MONTHS  PRECEDING  THE
BEGINNING  OF  SUCH CALENDAR YEAR AND THE AVERAGE OVER THE CALENDAR YEAR
TWO THOUSAND TEN OF SUCH CONSUMER PRICE INDEX; (II) ADJUST EACH EXPENDI-
TURE LIMITATION APPLICABLE PURSUANT TO THIS SUBDIVISION BY THE AMOUNT OF
SUCH PERCENTAGE DIFFERENCE TO THE NEAREST THOUSAND  DOLLARS;  AND  (III)
PUBLISH SUCH ADJUSTED EXPENDITURE LIMITATION IN THE STATE REGISTER. SUCH
ADJUSTED EXPENDITURE LIMITATION SHALL BE IN EFFECT FOR ANY ELECTION HELD
BEFORE THE NEXT SUCH ADJUSTMENT.

S. 4501                            10

  2. THE FOLLOWING SEED MONEY LIMITATIONS APPLY TO ALL EXPENDITURES MADE
BY  A CANDIDATE AND HIS OR HER AUTHORIZED COMMITTEES PRIOR TO THE END OF
THE CLEAN ELECTION CAMPAIGN FINANCING QUALIFYING PERIOD FOR  WHICH  SUCH
CANDIDATE  CHOOSES TO PARTICIPATE IN THE CLEAN ELECTION CAMPAIGN FUNDING
PROVISIONS OF THIS ARTICLE AND TO EXPENDITURES MADE AT ANY TIME PRIOR TO
SUCH  DATE  FOR  SERVICES,  MATERIALS,  FACILITIES, ADVERTISING OR OTHER
THINGS OF VALUE RECEIVED, RENDERED, PUBLISHED, DISTRIBUTED OR  BROADCAST
IN  SUCH  CALENDAR  YEAR. SUCH EXPENDITURES BY A QUALIFIED CANDIDATE FOR
ONE OF THE FOLLOWING OFFICES AND HIS OR HER AUTHORIZED COMMITTEES  SHALL
NOT EXCEED THE FOLLOWING AMOUNTS:
     GOVERNOR:                                             $200,000
     ATTORNEY GENERAL:                                     $150,000
     COMPTROLLER:                                          $150,000
     LIEUTENANT GOVERNOR:                                  $150,000
     STATE SENATE:                                         $ 20,000
     MEMBER OF ASSEMBLY:                                   $ 10,000
     DISTRICT ATTORNEY: $25.00 MULTIPLIED BY THE NUMBER OF QUALIFIED
                                              CONTRIBUTIONS RECEIVED
  3.  ADDITIONAL  FUNDS  FROM  THE  FUND SHALL BE AWARDED TO A QUALIFIED
CANDIDATE WHEN THE TOTAL OF CAMPAIGN EXPENDITURES  BY  NON-PARTICIPATING
CANDIDATES WHO OPPOSE A QUALIFIED CANDIDATE AND INDEPENDENT EXPENDITURES
DIRECTED  AGAINST THE QUALIFIED CANDIDATE OR IN SUPPORT OF THE QUALIFIED
CANDIDATE'S OPPONENT, EXCEEDS ONE HUNDRED TEN PERCENT  OF  THE  SPENDING
LIMITS  ESTABLISHED  IN  SUBDIVISION ONE OF THIS SECTION.  AN ADDITIONAL
DOLLAR SHALL BE AWARDED FOR EACH DOLLAR IN EXCESS  OF  ONE  HUNDRED  TEN
PERCENT  OF  THE  LIMIT,  UP TO A TOTAL OF THREE HUNDRED PERCENT OF SAID
EXPENDITURE LIMITS.
  4. NON-PARTICIPATING CANDIDATES AND PERSONS OR COMMITTEES MAKING INDE-
PENDENT EXPENDITURES SHALL COMPLY WITH ALL  REPORTING  REQUIREMENTS  FOR
POLITICAL COMMITTEES, AND IN ADDITION SHALL, THREE WEEKS BEFORE THE DATE
OF  THE ELECTION, REPORT ANY AND ALL EXPENDITURES EXPECTED TO BE MADE ON
THE ELECTION AND MAY NOT SPEND ANY AMOUNTS NOT SO REPORTED.
  5. IN ADDITION TO ANY OTHER PROVISION  OF  THIS  ARTICLE  LIMITING  OR
QUALIFYING  OR  DEFINING A QUALIFIED CAMPAIGN EXPENDITURE, THE FOLLOWING
EXPENDITURE SHALL BE DEEMED INDEPENDENT EXPENDITURES FOR THE PURPOSE  OF
THIS ARTICLE:
  (A) ANY WRITTEN ADVERTISEMENT DISTRIBUTED WITHIN SIXTY DAYS PRIOR TO A
PRIMARY,  GENERAL  OR  SPECIAL ELECTION IN WHICH A CANDIDATE'S NAME OR A
CANDIDATE'S POLITICAL PARTY IS  INCLUDED  SHALL  BE  DEEMED  A  CAMPAIGN
EXPENDITURE; AND
  (B)  ANY ADVERTISEMENT DISTRIBUTED WITHIN SIXTY DAYS PRIOR TO A PRIMA-
RY, GENERAL OR SPECIAL ELECTION WHICH, AS INDICATED BY ITS TIMING PLACE-
MENT, MESSAGE, CONTEXT OR OTHER OBJECTIVE AND APPARENT MESSAGE OR  OTHER
CRITERIA  WHICH  IN THE OPINION OF THE BOARD OF ELECTIONS IS INTENDED TO
INFLUENCE THE OUTCOME OF  SUCH  ELECTION  SHALL  BE  DEEMED  A  CAMPAIGN
EXPENDITURE.
  6.  ANY  PERSON  OR  COMMITTEE  WHO DISTRIBUTES AN ADVERTISEMENT WHICH
INCLUDES THE NAME OF A CANDIDATE NOMINATED FOR  A  PRIMARY,  GENERAL  OR
SPECIAL  ELECTION  SHALL  COMPLY WITH ALL OF THE DISCLOSURE REQUIREMENTS
IMPOSED ON POLITICAL COMMITTEES PURSUANT TO THIS CHAPTER.
  7. ANY EXPENDITURE MADE BY A MEMBERSHIP ORGANIZATION,  AS  DEFINED  BY
THE  FEDERAL  ELECTION  COMMISSION, TO A MEMBER IN GOOD STANDING OF SUCH
ORGANIZATION SHALL NOT BE DEEMED TO BE A CAMPAIGN  EXPENDITURE  BUT  THE
AMOUNT  THEREOF  SHALL  BE  DISCLOSED  IN  THE SAME MANNER AS A CAMPAIGN
EXPENDITURE IS DISCLOSED PURSUANT TO THIS ARTICLE.

S. 4501                            11

  S 14-162. POWER OF BOARD OF ELECTIONS.  1. THE BOARD  SHALL  HAVE  THE
POWER  TO  INVESTIGATE  ALL  MATTERS  RELATING TO THE PERFORMANCE OF ITS
FUNCTIONS AND ANY OTHER MATTER RELATING TO THE PROPER ADMINISTRATION  OF
THIS  ARTICLE  AND FOR SUCH PURPOSES SHALL HAVE THE POWER TO REQUIRE THE
ATTENDANCE AND EXAMINE AND TAKE THE TESTIMONY UNDER OATH OF SUCH PERSONS
AS  IT  SHALL  DEEM  NECESSARY  AND  TO REQUIRE THE PRODUCTION OF BOOKS,
ACCOUNTS, PAPERS AND OTHER EVIDENCE RELATIVE TO SUCH INVESTIGATION.
  2. THE BOARD SHALL PUBLICIZE, AS IT DEEMS APPROPRIATE,  THE  NAMES  OF
CANDIDATES  FOR NOMINATION OR ELECTION TO THE OFFICES OF GOVERNOR, LIEU-
TENANT GOVERNOR, COMPTROLLER, ATTORNEY GENERAL, STATE SENATE, MEMBER  OF
ASSEMBLY  OR DISTRICT ATTORNEY WHO VIOLATE ANY OF THE PROVISIONS OF THIS
ARTICLE.
  3. THE BOARD MAY RENDER ADVISORY OPINIONS WITH  RESPECT  TO  QUESTIONS
ARISING  UNDER  THIS  ARTICLE. SUCH ADVISORY OPINIONS MAY BE RENDERED ON
THE WRITTEN REQUEST OF A CANDIDATE, AN OFFICER OF A POLITICAL  COMMITTEE
OR  MEMBER  OF THE PUBLIC, OR MAY BE RENDERED ON ITS OWN INITIATIVE. THE
BOARD SHALL MAKE PUBLIC ITS ADVISORY OPINIONS. THE BOARD SHALL DEVELOP A
PROGRAM FOR INFORMING CANDIDATES AND THE PUBLIC AS TO  THE  PURPOSE  AND
EFFECT  OF  THE  PROVISIONS OF THIS ARTICLE. THE BOARD SHALL PREPARE AND
MAKE AVAILABLE EDUCATIONAL MATERIALS, INCLUDING COMPLIANCE  MANUALS  AND
SUMMARIES  AND EXPLANATIONS OF THE PURPOSES AND PROVISIONS OF THIS ARTI-
CLE. THESE MATERIALS SHALL BE PREPARED  IN  PLAIN  LANGUAGE.  THE  BOARD
SHALL  PREPARE  AND  MAKE  AVAILABLE MATERIALS, INCLUDING, TO THE EXTENT
FEASIBLE, COMPUTER SOFTWARE, TO FACILITATE THE TASK OF  COMPLIANCE  WITH
THE DISCLOSURE AND RECORD-KEEPING REQUIREMENTS OF THIS ARTICLE.
  4.  THE  BOARD  SHALL  HAVE THE AUTHORITY TO PROMULGATE SUCH RULES AND
REGULATIONS AND PROVIDE SUCH FORMS AS IT DEEMS NECESSARY FOR THE  ADMIN-
ISTRATION  OF  THIS  ARTICLE.  THE  BOARD  SHALL  PROMULGATE REGULATIONS
CONCERNING THE FORM IN WHICH CONTRIBUTIONS AND EXPENDITURES  ARE  TO  BE
REPORTED,  THE  PERIODS  DURING WHICH SUCH REPORTS MUST BE FILED AND THE
VERIFICATION REQUIRED.  THE BOARD SHALL REQUIRE THE FILING OF REPORTS OF
CONTRIBUTIONS AND EXPENDITURES FOR PURPOSES  OF  DETERMINING  COMPLIANCE
WITH  PARAGRAPH  (F)  OF  SUBDIVISION  ONE OF SECTION 14-152 AND SECTION
14-160 OF THIS ARTICLE IN ACCORDANCE WITH THE SCHEDULE SPECIFIED BY  THE
STATE BOARD OF ELECTIONS FOR THE FILING OF CAMPAIGN RECEIPT AND EXPENDI-
TURE STATEMENTS.
  5. THE BOARD SHALL DEVELOP A COMPUTER DATA BASE THAT SHALL CONTAIN ALL
INFORMATION  NECESSARY  FOR  THE  PROPER  ADMINISTRATION OF THIS CHAPTER
INCLUDING INFORMATION ON CONTRIBUTIONS TO AND EXPENDITURES BY CANDIDATES
AND THEIR AUTHORIZED COMMITTEES AND DISTRIBUTIONS  OF  MONEYS  FROM  THE
CAMPAIGN FINANCE FUND. SUCH DATA BASE SHALL BE ACCESSIBLE TO THE PUBLIC.
  6.  THE BOARD SHALL PROMULGATE REGULATIONS REGARDING PUBLIC DEBATES AS
PROVIDED IN SECTION 14-152 OF THIS ARTICLE.
  7. THE BOARD MAY TAKE SUCH OTHER ACTIONS AS ARE NECESSARY  AND  PROPER
TO CARRY OUT THE PURPOSES OF THIS ARTICLE.
  S  14-164.    NEW  YORK STATE CLEAN ELECTION CAMPAIGN FINANCE FUND. 1.
THERE IS HEREBY ESTABLISHED A SPECIAL FUND, TO BE KNOWN AS THE "NEW YORK
STATE CLEAN ELECTION CAMPAIGN FINANCE FUND". THE MONIES IN SUCH FUND MAY
BE EXPENDED BY THE BOARD OF ELECTIONS ONLY  AS  PAYMENTS  FOR  QUALIFIED
CANDIDATES IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  2. THE FUND SHALL BE KEPT SEPARATE AND SHALL BE CREDITED WITH ALL SUMS
APPROPRIATED  THEREOF,  ANY  DONATIONS  RECEIVED PURSUANT TO SUBDIVISION
SEVEN OF THIS SECTION, ALL EARNINGS  ACCRUING  ON  SUCH  FUNDS  AND  ANY
MONIES  REALIZED  FROM  THE  PROVISIONS  OF SUBDIVISION THREE OF SECTION
14-170 OF THIS ARTICLE.

S. 4501                            12

  3. IF AT ANY TIME THE BOARD OF ELECTIONS  DETERMINES  THAT  THE  CLEAN
ELECTIONS CAMPAIGN FINANCE FUND DOES NOT HAVE SUFFICIENT REVENUES, OR IS
LIKELY TO NOT HAVE SUFFICIENT REVENUES, FOR PAYMENT TO QUALIFYING CANDI-
DATES  UNDER THIS ARTICLE THEN IT SHALL REPORT THIS DETERMINATION TO THE
COMPTROLLER,  ALONG  WITH  THE AMOUNT WHICH WILL BE NECESSARY TO PROVIDE
QUALIFYING CANDIDATES WITH FINANCING PURSUANT  TO  THIS  ARTICLE  AND  A
DETAILED  STATEMENT  OF  THE  ASSUMPTIONS  AND METHODOLOGY ON WHICH SUCH
DETERMINATION WAS BASED. NO MORE THAN FOUR DAYS AFTER RECEIVING  SUCH  A
DETERMINATION  THE  COMPTROLLER  SHALL TRANSFER THE AMOUNT DETERMINED BY
THE BOARD OF ELECTIONS TO BE NECESSARY FROM  THE  GENERAL  FUND  TO  THE
CLEAN ELECTIONS CAMPAIGN FINANCE FUND.
  4.  THE  MONEYS  IN SUCH FUND SHALL BE MADE AVAILABLE TO PARTICIPATING
CANDIDATES BY THE BOARD UPON  ITS  CERTIFICATION  THAT  SUCH  CANDIDATES
QUALIFY FOR SUCH FUNDS.
  5.  NO  MONEYS  SHALL  BE  MADE AVAILABLE TO QUALIFIED CANDIDATES IN A
GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF  THE  PRIMARY
ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
  6.  NO  MONEYS  SHALL BE MADE AVAILABLE TO ANY QUALIFIED CANDIDATE WHO
HAS BEEN FINALLY DISQUALIFIED.    ANY  PAYMENT  FROM  THE  FUND  IN  THE
POSSESSION  OF  SUCH  A CANDIDATE OR HIS OR HER AUTHORIZED COMMITTEES ON
THE DATE OF SUCH FINAL DISQUALIFICATION OR INVALIDATION MAY  NOT  THERE-
AFTER  BE  EXPENDED  FOR  ANY  PURPOSE EXCEPT THE PAYMENT OF LIABILITIES
INCURRED IN QUALIFIED CAMPAIGN EXPENDITURES BEFORE SUCH DATE  AND  SHALL
BE PROMPTLY REPAID TO THE FUND.
  7.  THE BOARD SHALL BE EMPOWERED TO ACCEPT DONATIONS TO BE CREDITED TO
THE FUND. THE BOARD MAY DEVISE SUCH METHODS OF SOLICITING AND COLLECTING
DONATIONS AS IT MAY DEEM FEASIBLE AND APPROPRIATE.
  8. (A) A QUALIFIED CANDIDATE  WHO  HAS  BEEN  DEFEATED  IN  A  PRIMARY
ELECTION  OR  WHO FAILS TO REMAIN AS A CANDIDATE THROUGHOUT A PRIMARY OR
GENERAL ELECTION PERIOD SHALL RETURN ALL UNSPENT FUNDS THAT WERE  RAISED
OR DISTRIBUTED TO HIM OR HER TO THE FUND.
  (B) ALL OTHER QUALIFIED CANDIDATES SHALL RETURN ALL UNSPENT QUALIFYING
CAMPAIGN  CONTRIBUTIONS  AND OTHER FUND REVENUES AND ALL UNEXPENDED SEED
MONEY THAT WERE DISTRIBUTED TO HIM OR HER TO THE FUND.
  THE AGGREGATE AMOUNT WHICH MAY BE PROVIDED TO QUALIFIED CANDIDATES  IN
ANY   FOUR-YEAR   ELECTION   CYCLE   FROM  THE  FUND  SHALL  NOT  EXCEED
ONE-TENTH-OF-ONE-PERCENT OF THE  TOTAL  EXPENDITURES  MADE  PURSUANT  TO
APPROPRIATIONS  MADE  BY  LAW  DURING SUCH TIME PERIOD. IF THE AMOUNT OF
FUNDS FOR WHICH QUALIFIED CANDIDATES HAVE QUALIFIED REACHES  OR  EXCEEDS
THIS  LEVEL, THE BOARD OF ELECTIONS SHALL REDUCE, BY AN EQUAL PERCENTAGE
FOR ALL CANDIDATES, THE  RESPECTIVE  AMOUNT  OF  PUBLIC  FINANCING  MADE
AVAILABLE TO QUALIFIED CANDIDATES.
  S  14-166. DISBURSAL OF REVENUE FOR CLEAN ELECTION CAMPAIGN FINANCING.
1. UPON CERTIFYING THAT A  CANDIDATE  IS  ELIGIBLE  FOR  CLEAN  ELECTION
CAMPAIGN  FINANCING, THE BOARD OF ELECTIONS SHALL ISSUE A NEW YORK STATE
CLEAN ELECTION CAMPAIGN FINANCE FUND DEBIT  CARD  TO  THE  PARTICIPATING
CANDIDATE  ENTITLING  THE CANDIDATE AND DESIGNATED MEMBERS OF HIS OR HER
STAFF THE RIGHT TO DRAW MONEY FROM THE NEW  YORK  STATE  CLEAN  ELECTION
CAMPAIGN FINANCE FUND ACCOUNT TO PAY ALL CAMPAIGN COSTS AND EXPENSES.
  2.  A QUALIFIED CANDIDATE AND HIS OR HER REPRESENTATIVE ARE PROHIBITED
FROM PAYING FOR CAMPAIGN EXPENSES IN ANY WAY OTHER THAN BY  USE  OF  THE
NEW YORK STATE CLEAN ELECTION CAMPAIGN FINANCE FUND DEBIT CARD EXCEPT AS
EXEMPTED  IN  SUBDIVISION  FOUR OF THIS SECTION. THE USE OF THE NEW YORK
STATE CLEAN ELECTION CAMPAIGN FUND DEBIT CARD TO GENERATE PERSONAL CRED-
IT OR A LOAN IS PROHIBITED.

S. 4501                            13

  3. CASH, CASHIER'S CHECKS, MONEY ORDERS, OR  OTHER  FORMS  OF  PAYMENT
SHALL  BE  PERMISSIBLE ONLY IF THEY ARE DRAWN DIRECTLY FROM THE NEW YORK
STATE CLEAN ELECTION CAMPAIGN FINANCE FUND, EXCEPT AS EXEMPTED IN SUBDI-
VISION FOUR OF THIS SECTION.
  (A)  ALL  CAMPAIGN  PURCHASES FOR GOODS AND SERVICES SHALL BE PAID FOR
WITH MONEY DRAWN FROM THE NEW YORK STATE CLEAN ELECTION CAMPAIGN FUND AT
THE TIME OF PURCHASE, EXCEPT THAT FEES FOR SERVICES, INCLUDING  SALARIES
AND FEES FOR STAFF MEMBERS AND CONSULTANTS, MAY BE MADE AVAILABLE AT ANY
TIME  UP  UNTIL THE LAST DAY OF THE RELEVANT PRIMARY, SPECIAL OR GENERAL
CAMPAIGN PERIODS.
  (B) ESTIMATED PAYMENTS FOR UTILITY BILLS,  INCLUDING  TELEPHONE,  HEAT
AND  ELECTRICITY CHARGES, SHALL BE MADE AVAILABLE BY THE LAST DAY OF THE
RELEVANT ELECTION PERIOD. IN BUDGETING THEIR PROJECTED EXPENSES,  QUALI-
FIED  CANDIDATES  MUST  ESTIMATE  THE  COST  OF  UTILITIES. THE CAMPAIGN
FINANCE BOARD IS AUTHORIZED TO PROVIDE A FORMULA FOR SUCH ESTIMATES.
  4. A PETTY CASH FUND MAY BE  ESTABLISHED  CONSISTENT  WITH  THE  OTHER
PROVISIONS OF THIS ARTICLE.
  (A)  QUALIFIED  CANDIDATES MAY HAVE A DAILY PETTY CASH FUND, FOR DAILY
EXPENSES, INCLUDING FOOD, NEWSPAPERS, MAGAZINES, PUBLIC TELEPHONES,  AND
OTHER  MINOR  NECESSITIES UNRELATED TO THE DIRECT OPERATING COSTS OF THE
CAMPAIGN. THE DAILY MAXIMUM AMOUNT OF  THE  PETTY  CASH  FUND  SHALL  BE
ESTABLISHED BY THE BOARD.
  (B)  ALL  CASH EXPENDITURES IN EXCESS OF TWENTY-FIVE DOLLARS REQUIRE A
CASH RECEIPT SPECIFYING THE ITEM PURCHASED AND ITS  PURPOSE,  ITS  COST,
AND THE PLACE OF PURCHASE.
  S  14-168.  EXAMINATIONS  AND  AUDITS;  REPAYMENTS.  1.  THE  BOARD OF
ELECTIONS IS HEREBY EMPOWERED TO AUDIT AND EXAMINE ALL MATTERS  RELATING
TO THE PERFORMANCE OF ITS FUNCTIONS AND ANY OTHER MATTER RELATING TO THE
PROPER ADMINISTRATION OF THIS ARTICLE.
  2. (A) IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO
THE  PRINCIPAL  COMMITTEE  OF A QUALIFIED CANDIDATE FROM THE FUND WAS IN
EXCESS OF THE AGGREGATE AMOUNT OF  PAYMENTS  WHICH  SUCH  CANDIDATE  WAS
ELIGIBLE  TO  RECEIVE  PURSUANT  TO  THIS  ARTICLE, IT SHALL NOTIFY SUCH
COMMITTEE AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN AMOUNT  EQUAL  TO
THE AMOUNT OF EXCESS PAYMENTS.
  (B)  IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO A
PRINCIPAL COMMITTEE OF A QUALIFIED CANDIDATE FROM THE FUND WAS USED  FOR
PURPOSES  OTHER  THAN  QUALIFIED  CAMPAIGN EXPENDITURES, IT SHALL NOTIFY
SUCH COMMITTEE OF THE AMOUNT SO DISQUALIFIED AND  SUCH  COMMITTEE  SHALL
PAY TO THE BOARD AN AMOUNT EQUAL TO SUCH DISQUALIFIED AMOUNT.
  (C)  IF  THE TOTAL OF CONTRIBUTIONS, OTHER RECEIPTS, AND PAYMENTS FROM
THE FUND RECEIVED BY A QUALIFIED CANDIDATE AND  HIS  OR  HER  AUTHORIZED
COMMITTEES  EXCEED THE TOTAL CAMPAIGN EXPENDITURES OF SUCH CANDIDATE AND
COMMITTEES FOR ALL COVERED ELECTIONS HELD IN THE SAME CALENDAR  YEAR  OR
FOR  A  SPECIAL ELECTION TO FILL A VACANCY SUCH CANDIDATE AND COMMITTEES
SHALL USE SUCH EXCESS FUNDS TO REIMBURSE THE FUND FOR PAYMENTS  RECEIVED
BY THE PRINCIPAL COMMITTEE FROM THE FUND DURING SUCH CALENDAR YEAR. SUCH
REIMBURSEMENT  SHALL  BE  MADE NOT LATER THAN TEN DAYS AFTER ALL LIABIL-
ITIES HAVE BEEN PAID AND IN ANY EVENT, NOT LATER THAN JUNE THIRTIETH  OF
THE  YEAR  FOLLOWING  SUCH  CALENDAR YEAR. NO SUCH EXCESS FUNDS SHALL BE
USED FOR ANY OTHER PURPOSE, UNLESS THE  TOTAL  AMOUNT  OF  THE  PAYMENTS
RECEIVED FROM THE FUND BY THE AUTHORIZED COMMITTEE HAS BEEN REPAID.
  3.  IF  A  QUALIFIED  CANDIDATE WHOSE PRINCIPAL COMMITTEE HAS RECEIVED
CLEAN ELECTION CAMPAIGN FUNDS IS DISQUALIFIED BY A  COURT  OF  COMPETENT
JURISDICTION  ON  THE  GROUNDS  THAT SUCH CANDIDATE COMMITTED FRAUDULENT
ACTS IN ORDER TO OBTAIN A PLACE ON THE BALLOT AND SUCH DECISION  IS  NOT

S. 4501                            14

REVERSED, SUCH CANDIDATE AND HIS OR HER PRINCIPAL COMMITTEE SHALL PAY TO
THE  BOARD AN AMOUNT EQUAL TO THE TOTAL OF CLEAN ELECTION CAMPAIGN FUNDS
RECEIVED BY SUCH PRINCIPAL COMMITTEE.
  S  14-170.  PENALTIES.  1.  ANY  QUALIFIED  CANDIDATE  WHOSE PRINCIPAL
COMMITTEE FAILS TO FILE  IN  A  TIMELY  MANNER  A  STATEMENT  OR  RECORD
REQUIRED TO BE FILED BY THIS ARTICLE OR THE RULES OF THE BOARD IN IMPLE-
MENTATION THEREOF OR WHO VIOLATES ANY OTHER PROVISION OF THIS ARTICLE OR
RULE  PROMULGATED  THEREUNDER,  AND ANY PRINCIPAL COMMITTEE TREASURER OR
ANY OTHER AGENT OF A QUALIFIED CANDIDATE WHO COMMITS SUCH  A  VIOLATION,
SHALL  BE  SUBJECT  TO A CIVIL PENALTY IN AN AMOUNT NOT IN EXCESS OF TEN
THOUSAND DOLLARS.
  2. IN ADDITION TO THE PENALTIES PROVIDED IN SUBDIVISION  ONE  OF  THIS
SECTION,  IF  THE AGGREGATE AMOUNT OF EXPENDITURES BY A QUALIFIED CANDI-
DATE AND SUCH CANDIDATE'S AUTHORIZED COMMITTEES EXCEED  THE  EXPENDITURE
LIMITATIONS  CONTAINED  IN  THIS  ARTICLE  SUCH CANDIDATE AND AUTHORIZED
COMMITTEES SHALL BE SUBJECT TO A CIVIL  PENALTY  IN  AN  AMOUNT  NOT  TO
EXCEED  THREE TIMES THE SUM BY WHICH SUCH EXPENDITURES EXCEED THE APPLI-
CABLE EXPENDITURE LIMITATION.
  3. THE INTENTIONAL OR KNOWING FURNISHING OF ANY  FALSE  OR  FICTITIOUS
EVIDENCE,  BOOKS  OR INFORMATION TO THE BOARD UNDER THIS ARTICLE, OR THE
INCLUSION IN ANY EVIDENCE, BOOKS,  OR  INFORMATION  SO  FURNISHED  OF  A
MISREPRESENTATION  OF  A MATERIAL FACT, OR THE FALSIFYING OR CONCEALMENT
OF ANY EVIDENCE, BOOKS, OR INFORMATION RELEVANT  TO  ANY  AUDIT  BY  THE
BOARD  OR THE INTENTIONAL OR KNOWING VIOLATION OF ANY OTHER PROVISION OF
THIS ARTICLE SHALL BE PUNISHABLE AS A CLASS A MISDEMEANOR IN ADDITION TO
ANY OTHER PENALTY AS MAY BE PROVIDED UNDER LAW. THE BOARD SHALL SEEK  TO
RECOVER  ANY  CLEAN ELECTION CAMPAIGN FUNDS OBTAINED AS A RESULT OF SUCH
CONDUCT.  ANY MONIES SO OBTAINED SHALL BE DEPOSITED INTO THE FUND.
  S 14-172. CAMPAIGNS FOR OFFICE NOT SUBJECT TO THIS ARTICLE.   CONTRIB-
UTIONS,  LOANS,  GUARANTEES  AND  OTHER SECURITY FOR SUCH LOANS USED AND
EXPENDITURES MADE TOWARD THE PAYMENT OF LIABILITIES INCURRED BY A CANDI-
DATE IN AN ELECTION HELD PRIOR TO THE EFFECTIVE DATE OF THIS SECTION  OR
IN  WHICH  HE OR SHE DID NOT CHOOSE TO PARTICIPATE IN THE CLEAN ELECTION
CAMPAIGN FUNDING PROVISIONS OF THIS ARTICLE, OR IN A CAMPAIGN FOR PUBLIC
OFFICE OTHER THAN ONE COVERED BY THIS ARTICLE, SHALL NOT BE  SUBJECT  TO
THE REQUIREMENTS AND LIMITATIONS OF THIS ARTICLE.
  S 14-174. REPORTS. 1. THE BOARD OF ELECTIONS SHALL REVIEW AND EVALUATE
THE EFFECT OF THIS ARTICLE UPON THE CONDUCT OF ELECTION CAMPAIGNS IN THE
STATE  AND  SHALL SUBMIT A REPORT TO THE GOVERNOR AND THE LEGISLATURE ON
OR BEFORE SEPTEMBER FIRST, TWO THOUSAND FOURTEEN, AND EVERY FOURTH  YEAR
THEREAFTER,  AND  AT  ANY OTHER TIME UPON THE REQUEST OF THE GOVERNOR OR
THE LEGISLATURE AND AT SUCH OTHER TIMES AS THE BOARD DEEMS  APPROPRIATE,
CONTAINING:
  (A)  THE NUMBER AND NAMES OF CANDIDATES QUALIFYING FOR AND CHOOSING TO
RECEIVE CLEAN ELECTION CAMPAIGN FUNDS PURSUANT TO THIS ARTICLE,  AND  OF
CANDIDATES  FAILING TO QUALIFY OR OTHERWISE NOT CHOOSING TO RECEIVE SUCH
FUNDS, IN EACH ELECTION DURING THE FOUR PRECEDING CALENDAR YEARS;
  (B) THE AMOUNT OF  CLEAN  ELECTION  CAMPAIGN  FUNDS  PROVIDED  TO  THE
AUTHORIZED COMMITTEES OF EACH CANDIDATE PURSUANT TO THIS ARTICLE AND THE
CONTRIBUTIONS  RECEIVED AND EXPENDITURES MADE BY EACH SUCH CANDIDATE AND
THE AUTHORIZED COMMITTEES OF SUCH CANDIDATE, IN EACH ELECTION DURING THE
FOUR PRECEDING CALENDAR YEARS;
  (C) RECOMMENDATIONS AS TO  WHETHER  THE  PROVISIONS  OF  THIS  ARTICLE
GOVERNING  MAXIMUM  CONTRIBUTION AMOUNTS, THRESHOLDS FOR ELIGIBILITY AND
EXPENDITURE LIMITATIONS SHOULD BE AMENDED AND SETTING FORTH  THE  AMOUNT
OF, AND REASONS FOR, ANY AMENDMENTS IT RECOMMENDS;

S. 4501                            15

  (D)  ANALYSIS  OF  THE  EFFECT OF THIS ARTICLE ON POLITICAL CAMPAIGNS,
INCLUDING ITS EFFECT ON THE SOURCES AND AMOUNTS  OF  PRIVATE  FINANCING,
THE  LEVEL  OF CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE NUMBER OF
CANDIDATES AND THE  CANDIDATE'S  ABILITY  TO  CAMPAIGN  EFFECTIVELY  FOR
PUBLIC OFFICE;
  (E)  A  REVIEW  OF THE PROCEDURES UTILIZED IN PROVIDING CLEAN ELECTION
CAMPAIGN FUNDS TO CANDIDATES; AND
  (F) SUCH RECOMMENDATIONS FOR CHANGES  IN  THIS  ARTICLE  AS  IT  DEEMS
APPROPRIATE.
  2.  FOR  THE  REPORT  SUBMITTED IN THE YEAR TWO THOUSAND FOURTEEN, THE
BOARD ALSO SHALL REVIEW ANY CONTRIBUTIONS MADE TO CANDIDATES AND AUTHOR-
IZED COMMITTEES PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE WHICH EXCEED
THE AMOUNT OF THE MAXIMUM CONTRIBUTION APPLICABLE PURSUANT TO  PARAGRAPH
(F)  OF  SUBDIVISION ONE OF SECTION 14-152 OF THIS ARTICLE AND REPORT AS
TO WHETHER SUCH CONTRIBUTIONS WERE RETURNED, EXPENDED OR OTHERWISE  USED
AND THE PURPOSES OF SUCH EXPENDITURES OR OTHER USES.
  S  14-176. CONSTRUCTION. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
PROHIBIT THE MAKING OR RECEIPT OF CONTRIBUTIONS TO THE EXTENT  PERMITTED
BY  THIS  CHAPTER  OR  TO  PERMIT THE MAKING OR RECEIPT OF CONTRIBUTIONS
OTHERWISE PROHIBITED.
  S 14-178. JOINT CAMPAIGN ACTIVITIES. NOTHING IN THIS ARTICLE SHALL  BE
CONSTRUED TO RESTRICT CANDIDATES FROM AUTHORIZING EXPENDITURES FOR JOINT
CAMPAIGN  MATERIALS  AND  OTHER JOINT CAMPAIGN ACTIVITIES, PROVIDED THAT
THE BENEFIT EACH CANDIDATE DERIVES FROM THE JOINT MATERIAL  OR  ACTIVITY
IS  PROPORTIONALLY  EQUIVALENT  TO  THE  EXPENDITURES AUTHORIZED BY SUCH
CANDIDATE.
  S 3. The tax law is amended by adding a new section 626-a to  read  as
follows:
  S  626-A. THE CLEAN ELECTION CAMPAIGN FINANCE FUND.  EFFECTIVE FOR ANY
TAXABLE YEAR COMMENCING ON OR AFTER THE FIRST OF JANUARY NEXT SUCCEEDING
THE EFFECTIVE DATE OF THIS SECTION, AN INDIVIDUAL IN  ANY  TAXABLE  YEAR
MAY  ELECT TO HAVE AN AMOUNT UP TO ONE HUNDRED DOLLARS OF ANY TAX OTHER-
WISE PAYABLE DEPOSITED TO THE  CLEAN  ELECTION  CAMPAIGN  FINANCE  FUND.
SUCH  CONTRIBUTION SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH
INDIVIDUAL. THE COMMISSIONER SHALL  INCLUDE  A  SPACE  ON  THE  PERSONAL
INCOME  TAX  RETURN  TO  ENABLE  A  TAXPAYER  TO AUTHORIZE SUCH DEPOSIT.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ALL REVENUES
COLLECTED PURSUANT TO THIS  SECTION  SHALL  BE  CREDITED  TO  THE  CLEAN
ELECTION  CAMPAIGN FINANCE FUND AND USED ONLY FOR THOSE PURPOSES ENUMER-
ATED IN SECTION 14-164 OF THE ELECTION LAW.
  S 4. Subdivision (e) of section 1-e of the legislative law, as amended
by section 1 of part S of chapter 62 of the laws of 2003, is amended  to
read as follows:
  (e)  (i)  The  first  statement of registration filed annually by each
lobbyist for calendar years through two thousand three shall be accompa-
nied by a registration fee of fifty dollars except that no  registration
fee  shall  be  required of a public corporation. A fee of fifty dollars
shall be required for any subsequent statement of registration filed  by
a  lobbyist  during  the same calendar year; (ii) The first statement of
registration filed annually by each lobbyist for calendar year two thou-
sand four shall be accompanied by a  registration  fee  of  one  hundred
dollars  except  that  no  registration  fee  shall be required from any
lobbyist who in any year does not expend, incur or receive an amount  in
excess of five thousand dollars of reportable compensation and expenses,
as  provided  in  paragraph  five of subdivision (b) of section one-h of
this article, for the purposes of lobbying or of a public corporation. A

S. 4501                            16

fee of one hundred dollars shall be required for any  subsequent  state-
ment  of registration filed by a lobbyist during the same calendar year;
(iii) The first statement  of  registration  filed  biennially  by  each
lobbyist  for  the first biennial registration requirements for calendar
years two thousand five and two thousand six and  thereafter,  shall  be
accompanied  by a registration fee of two hundred dollars except that no
registration fee shall be required from any lobbyist  who  in  any  year
does  not  expend, incur or receive an amount in excess of five thousand
dollars of reportable compensation and expenses, as  provided  in  para-
graph  five of subdivision (b) of section one-h of this article, for the
purposes of lobbying or of a public corporation. A fee  of  two  hundred
dollars  shall  be required for any subsequent statement of registration
filed by a lobbyist during the same biennial period; (iv) The  statement
of  registration  filed  after  the  due date of a biennial registration
shall be accompanied by a registration  fee  that  is  prorated  to  one
hundred  dollars  for  any registration filed after January first of the
second calendar year covered by the biennial reporting  requirement.  In
addition  to  the  fees  authorized  by this section, the commission may
impose a fee for late filing of a  registration  statement  required  by
this  section  not  to  exceed twenty-five dollars for each day that the
statement required to be filed is late,  except  that  if  the  lobbyist
making a late filing has not previously been required by statute to file
such  a  statement, the fee for late filing shall not exceed ten dollars
for each day that the statement required to be filed is late; (V)  FIFTY
DOLLARS  OF  ANY  REGISTRATION  FEE THAT IS EQUAL TO OR GREATER THAN ONE
HUNDRED DOLLARS AND THAT IS PAID AFTER JANUARY FIRST, TWO THOUSAND FOUR-
TEEN, SHALL BE DEPOSITED TO THE CREDIT OF THE  CLEAN  ELECTION  CAMPAIGN
FINANCE FUND ESTABLISHED IN SECTION 14-164 OF THE ELECTION LAW.
  S  5.  Subdivision 1 of section 14-102 of the election law, as amended
by chapter 8 and as redesignated by chapter 9 of the laws  of  1978,  is
amended to read as follows:
  1.  The  treasurer of every political committee which, or any officer,
member or agent of any  such  committee  who,  in  connection  with  any
election,  receives  or  expends  any  money  or other valuable thing or
incurs any liability to pay money or its equivalent  shall  file  state-
ments  sworn,  or subscribed and bearing a form notice that false state-
ments made therein are punishable as a class A misdemeanor  pursuant  to
section 210.45 of the penal law, at the times prescribed by this article
setting forth all the receipts, contributions to and the expenditures by
and  liabilities  of  the  committee,  and  of its officers, members and
agents in its behalf. Such statements shall include the dollar amount of
any receipt, contribution or transfer, or the fair market value  of  any
receipt,  contribution  or  transfer,  which is other than of money, the
name [and], address AND OCCUPATION of  the  transferor,  contributor  or
person  from  whom  received,  THE  NAME,  ADDRESS AND OCCUPATION OF THE
TRANSFEROR'S OR CONTRIBUTOR'S EMPLOYER, IF ANY, and if  the  transferor,
contributor  or  person  is  a  political committee; the name of and the
political unit represented by the committee, the date  of  its  receipt,
the  dollar  amount  of  every  expenditure, the name and address of the
person to whom it was made or the name of and the political unit repres-
ented by the committee to which it was made and the  date  thereof,  and
shall  state  clearly  the  purpose of such expenditure.   Any statement
reporting a loan shall have attached to it a copy  of  the  evidence  of
indebtedness.  Expenditures  in  sums  under  fifty  dollars need not be
specifically accounted for by separate items  in  said  statements,  and
receipts   and  contributions  aggregating  not  more  than  ninety-nine

S. 4501                            17

dollars, from any one contributor need not be specifically accounted for
by separate items  in  said  statements,  provided  however,  that  such
expenditures,  receipts  and contributions shall be subject to the other
provisions of section 14-118 of this article.  ANY RECEIPT, CONTRIBUTION
OR  TRANSFER  FOR  WHICH THE INFORMATION REQUIRED BY THIS SUBDIVISION IS
NOT PROVIDED, SHALL NOT BE DEEMED  AVAILABLE  FOR  USE  BY  A  POLITICAL
COMMITTEE.
  S  6.  Subdivision 1 of section 14-108 of the election law, as amended
by chapter 955 of the laws of 1983, is amended to read as follows:
  1. The statements required by this article  shall  be  filed  at  such
times  as  the  state  board  of elections, by rule or regulation, shall
specify; provided, however, that in no event shall the board provide for
fewer than three filings in the aggregate in connection with any  prima-
ry,  general or special election, or in connection with a question to be
voted on and two of said filings shall  be  before  any  such  election,
including  one  such  filing  not  less  than  thirty days nor more than
forty-five days prior to such election [and], one such filing  not  less
than  eleven days nor more than fifteen days prior to such election, ONE
SUCH FILING SHALL INCLUDE THE  PERIOD  FROM  JANUARY  ELEVENTH,  THROUGH
MARCH  THIRTY-FIRST,  AND  ONE SUCH FILING SHALL INCLUDE THE PERIOD FROM
APRIL FIRST THROUGH MAY THIRTY-FIRST.   In  addition,  the  board  shall
provide  that  every  political committee which has filed a statement of
treasurer and depository shall make at least one filing every six months
between the time such statement of treasurer and depository is filed and
the time such committee goes  out  of  business.  If  any  candidate  or
committee  shall  be  required  by the provisions of this section, or by
rule or regulation hereunder, to effect two filings within a  period  of
five  days,  the  state  board  of elections may, by rule or regulation,
waive the requirement of filing the earlier of  such  statements.  If  a
statement  filed by a candidate or committee after the election to which
it pertains is not a final statement showing satisfaction of all liabil-
ities and disposition of all assets, such candidate or  committee  shall
file  such  additional  statements  as the board shall, by rule or regu-
lation provide until such a final statement is filed.
  S 7. Section 14-114 of the election law, subdivision 1 as amended  and
subdivision  10 as added by chapter 79 of the laws of 1992, paragraphs a
and b of subdivision 1 as amended by chapter 659 of the  laws  of  1994,
subdivision  3  as  amended by chapter 517 of the laws of 1986, subdivi-
sions 4, 5, 7 and 8 as amended by chapter 8 of the laws of  1978,  para-
graph  a  of  subdivision 6 as amended and subdivisions 2, 4, 5, 6, 7, 8
and paragraph b of subdivision 6 as redesignated by  chapter  9  of  the
laws of 1978, is amended to read as follows:
  S 14-114. Contribution and receipt limitations. 1. The following limi-
tations  apply  to  all  contributions to candidates for election to any
public office or for nomination for any such office, or for election  to
any  party  positions,  and to all contributions to political committees
working directly or indirectly with any candidate to aid or  participate
in  such  candidate's  nomination  or election[, other than any contrib-
utions to any party committee or constituted committee]:
  a. In any election for a public office to be voted on by the voters of
the entire state, or for nomination to any such office,  no  contributor
may  make a contribution to any candidate or political committee, and no
candidate or political committee may accept any  contribution  from  any
contributor, which is in the aggregate amount greater than[:  (i) in the
case of any nomination to public office, the product of the total number
of  enrolled  voters  in  the  candidate's party in the state, excluding

S. 4501                            18

voters in inactive status, multiplied by $.005, but such amount shall be
not less than four thousand dollars nor more than twelve]  ONE  thousand
dollars  [as  increased  or  decreased  by the cost of living adjustment
described  in  paragraph  c of this subdivision, and (ii) in the case of
any election  to  a  public  office,  twenty-five  thousand  dollars  as
increased  or  decreased  by  the cost of living adjustment described in
paragraph c of this subdivision;  provided  however,  that  the  maximum
amount  which  may be so contributed or accepted, in the aggregate, from
any candidate's child, parent, grandparent, brother and sister, and  the
spouse  of  any  such persons, shall not exceed in the case of any nomi-
nation to public office an amount  equivalent  to  the  product  of  the
number of enrolled voters in the candidate's party in the state, exclud-
ing  voters  in inactive status, multiplied by $.025, and in the case of
any election for a public office, an amount equivalent to the product of
the number of registered voters in the state excluding voters  in  inac-
tive status, multiplied by $.025].
  b.  In  any  other  election  for  party position or for election to a
public office or for nomination for any such office, no contributor  may
make  a  contribution  to  any  candidate  or political committee and no
candidate or political committee may accept any  contribution  from  any
contributor,  which is in the aggregate amount greater than[: (i) in the
case of any election for party position, or  for  nomination  to  public
office, the product of the total number of enrolled voters in the candi-
date's  party  in  the  district  in  which he is a candidate, excluding
voters in inactive status, multiplied by $.05, and (ii) in the  case  of
any  election  for  a  public office, the product of the total number of
registered voters in the district, excluding voters in inactive  status,
multiplied  by $.05, however in the case of a nomination within the city
of New York for the office of mayor,  public  advocate  or  comptroller,
such  amount  shall be not less than four thousand dollars nor more than
twelve thousand dollars as increased or decreased by the cost of  living
adjustment  described in paragraph c of this subdivision; in the case of
an election within the city of New York for the office of mayor,  public
advocate  or  comptroller,  twenty-five thousand dollars as increased or
decreased by the cost of living adjustment described in paragraph  c  of
this  subdivision;  in  the case of a nomination for state senator, four
thousand dollars as increased or decreased by the cost of living adjust-
ment described in paragraph c of this subdivision; in  the  case  of  an
election  for  state  senator, six thousand two hundred fifty dollars as
increased or decreased by the cost of  living  adjustment  described  in
paragraph  c  of  this  subdivision; in the case of an election or nomi-
nation for a member of the  assembly,  twenty-five  hundred  dollars  as
increased  or  decreased  by  the cost of living adjustment described in
paragraph c of this subdivision; but in no event shall any such  maximum
exceed  fifty  thousand  dollars  or  be less than one thousand dollars;
provided however, that the maximum amount which may be so contributed or
accepted, in the aggregate, from any candidate's child,  parent,  grand-
parent,  brother  and  sister, and the spouse of any such persons, shall
not exceed in the case of any election for party position or  nomination
for  public office an amount equivalent to the number of enrolled voters
in the candidate's party in the district in which  he  is  a  candidate,
excluding  voters in inactive status, multiplied by $.25 and in the case
of any election to public office, an amount equivalent to the number  of
registered  voters in the district, excluding voters in inactive status,
multiplied by $.25; or twelve hundred fifty dollars, whichever is great-
er, or in the case of a nomination or election of a state senator, twen-

S. 4501                            19

ty thousand dollars, whichever is greater, or in the  case  of  a  nomi-
nation  or  election  of  a  member of the assembly twelve thousand five
hundred dollars, whichever is greater, but in no event  shall  any  such
maximum exceed] one [hundred] thousand dollars.
  c.  At the beginning of each fourth calendar year, commencing in nine-
teen hundred ninety-five, the state board shall determine the percentage
of the difference between the most  recent  available  monthly  consumer
price  index  for  all  urban  consumers  published by the United States
bureau of labor statistics and such consumer price index  published  for
the  same  month  four years previously. The amount of each contribution
limit fixed in this subdivision shall be adjusted by the amount of  such
percentage  difference  to  the closest one hundred dollars by the state
board which, not later than the first day of February in each such year,
shall issue a regulation publishing the amount of each such contribution
limit. Each contribution limit as so adjusted shall be the  contribution
limit in effect for any election held before the next such adjustment.
  2.  For  purposes  of  this section, contributions other than of money
shall be evaluated at their  fair  market  value.  The  state  board  of
elections  shall  promulgate regulations, consistent with law, governing
the manner of computing fair market value.
  3. [As used in this section the term "contributor" shall not include a
party committee supporting the candidate of such party or a  constituted
committee supporting the candidate of such party.
  4.] For purposes of this section, a portion of every contribution to a
party  committee, expended as other than non-candidate expenditures, and
a portion of every contribution to a political committee  authorized  to
support  more  than  one candidate, shall be deemed contributed to every
candidate supported by such committee. That portion shall be  determined
by  allocating the contributions received by the committee among all the
candidates supported by the committee in  accordance  with  any  formula
based upon reasonable standards established by the committee. The state-
ments  filed by such committee in accordance with this article shall set
forth, in addition to the other information required to  be  set  forth,
the  total  amount  received  by  the committee from each contributor on
behalf of all such candidates and the amount of each  such  contribution
allocated  to each candidate by dollar amount and percentage. Nothing in
this subdivision shall  require  allocating  contributions  expended  on
non-candidate expenditures to candidates.
  [5.  No  constituted  committee may expend, in any twelve month period
terminating on the day of a general election, other than  as  non-candi-
date  expenditures,  any  portion  of  any individual contribution which
exceeds, in the case of a state committee, one-half of one cent for each
registered voter in the state, or, in the case of any other  constituted
committee,  the  greater  of  one  cent for each registered voter in the
district in which the committee is organized or  five  hundred  dollars.
The  number  of  such  voters shall be determined as of the date of such
general election or as of the date of the general election in  whichever
of the preceding four years shall result in the greatest number.
  6]  4.    a.  A loan made to a candidate or political committee, other
than a constituted committee, by any person, firm, association or corpo-
ration other than in the regular course of the lender's  business  shall
be  deemed, to the extent not repaid by the date of the primary, general
or special election, as the case may be, a contribution by such  person,
firm, association or corporation.
  b.  A  loan  made  to a candidate or political committee, other than a
constituted committee, by any person, firm, association  or  corporation

S. 4501                            20

in  the  regular course of the lender's business shall be deemed, to the
extent not repaid by  the  date  of  the  primary,  general  or  special
election,  as the case may be, a contribution by the obligor on the loan
and  by any other person endorsing, cosigning, guaranteeing, collateral-
izing or otherwise providing security for the loan.
  [7. For the purposes of this section,  the  number  of  registered  or
enrolled  voters  shall  be  determined  as  of the date of the general,
special or primary election, as the case may be or as of the date of the
general election in any of the  preceding  four  years,  whichever  date
shall  result  in the greatest number and candidates running jointly for
the offices of governor and lieutenant governor in a general or  special
election shall be deemed to be one candidate.
  8]  5.    Except  as may otherwise be provided for a candidate and his
family, no person may contribute, loan or guarantee in  excess  of  [one
hundred   fifty]  TWENTY-FIVE  thousand  dollars  within  the  state  in
connection with the nomination or election of persons to state and local
public offices and party positions within the state of New York  in  any
one calendar year. For the purposes of this subdivision "loan" or "guar-
antee"  shall mean a loan or guarantee which is not repaid or discharged
in the calendar year in which it is made.
  [10. a. No contributor may make a contribution to a party  or  consti-
tuted committee and no such committee may accept a contribution from any
contributor  which, in the aggregate, is greater than sixty-two thousand
five hundred dollars per annum.
  b. At the beginning of each fourth calendar year, commencing in  nine-
teen hundred ninety-five, the state board shall determine the percentage
of  the  difference  between  the most recent available monthly consumer
price index for all urban  consumers  published  by  the  United  States
bureau  of  labor statistics and such consumer price index published for
the same month four years previously. The amount  of  such  contribution
limit  fixed in paragraph a of this subdivision shall be adjusted by the
amount of such percentage difference to the closest one hundred  dollars
by  the  state  board which, not later than the first day of February in
each such year, shall issue a regulation publishing the amount  of  such
contribution  limit. Such contribution limit as so adjusted shall be the
contribution limit in effect for any election held before the next  such
adjustment.]
  S  8.  Section 3-100 of the election law is REPEALED and a new section
3-100 is added to read as follows:
  S 3-100. STATE BOARD OF ELECTIONS.  1. THERE SHALL BE A STATE BOARD OF
ELECTIONS CONSISTING OF FIVE MEMBERS. ONE MEMBER OF THE BOARD  SHALL  BE
APPOINTED  BY  THE  GOVERNOR,  WHO  SHALL BE THE CHAIRPERSON, ONE MEMBER
SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, ONE  MEMBER
SHALL  BE  APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE MEMBER SHALL BE
APPOINTED BY THE SENATE MINORITY LEADER, ONE MEMBER SHALL  BE  APPOINTED
BY THE ASSEMBLY MINORITY LEADER. THE MEMBERS SHALL FIRST BE APPOINTED TO
SERVE AS FOLLOWS:
  (A)  ONE  MEMBER APPOINTED BY THE GOVERNOR, AS CHAIRPERSON, FOR A TERM
OF FIVE YEARS;
  (B) ONE MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY FOR A TERM  OF
THREE YEARS;
  (C)  ONE MEMBER APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE FOR
A TERM OF THREE YEARS;
  (D) ONE MEMBER APPOINTED BY THE SENATE MINORITY LEADER FOR A  TERM  OF
TWO YEARS;

S. 4501                            21

  (E) ONE MEMBER APPOINTED BY THE ASSEMBLY MINORITY LEADER FOR A TERM OF
TWO YEARS.
  EACH TERM SHALL COMMENCE ON APRIL FIRST, TWO THOUSAND FOURTEEN.  THER-
EAFTER,  EACH MEMBER SHALL BE APPOINTED FOR A TERM OF FIVE YEARS ACCORD-
ING TO THE ORIGINAL MANNER OF APPOINTMENT. IN CASE OF A VACANCY  IN  THE
OFFICE OF A MEMBER, A MEMBER SHALL BE APPOINTED TO SERVE FOR THE REMAIN-
DER  OF  THE UNEXPIRED TERM ACCORDING TO THE ORIGINAL MANNER OF APPOINT-
MENT. EACH MEMBER SHALL BE A RESIDENT OF THE STATE, REGISTERED  TO  VOTE
THEREIN. EACH MEMBER SHALL AGREE NOT TO MAKE CONTRIBUTIONS TO ANY CANDI-
DATE  FOR  NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE OF GOVER-
NOR, LIEUTENANT GOVERNOR, COMPTROLLER, ATTORNEY GENERAL OR MEMBER OF THE
LEGISLATURE.  NO MEMBER SHALL SERVE AS AN OFFICER OF A  POLITICAL  PARTY
OR  BE  A  CANDIDATE  OR  PARTICIPATE IN ANY CAPACITY IN A CAMPAIGN BY A
CANDIDATE FOR NOMINATION FOR ELECTION  OR  ELECTION  TO  THE  OFFICE  OF
GOVERNOR,  LIEUTENANT  GOVERNOR, COMPTROLLER, ATTORNEY GENERAL OR MEMBER
OF THE LEGISLATURE.  OFFICERS AND EMPLOYEES OF THE STATE  OR  ANY  STATE
AGENCY, LOBBYISTS REQUIRED TO FILE A STATEMENT OF REGISTRATION UNDER THE
LOBBYING  ACT  AND THE EMPLOYEES OF SUCH LOBBYISTS SHALL NOT BE ELIGIBLE
TO BE MEMBERS OF THE BOARD.   MEMBERS OF THE  BOARD  SHALL  BE  SELECTED
SOLELY ON THE BASIS OF MERIT AND WITHOUT REGARD TO POLITICAL AFFILIATION
AND  SHALL  NOT BE DISQUALIFIED FROM CONTINUING IN OFFICE FOR ANY REASON
OTHER THAN UNFITNESS OR INABILITY TO PERFORM THE DUTIES INVOLVED.
  2. THE MEMBERS OF THE BOARD SHALL BE COMPENSATED AT THE  RATE  OF  ONE
HUNDRED DOLLARS PER CALENDAR DAY WHEN PERFORMING THE WORK OF THE BOARD.
  3. THE BOARD MAY EMPLOY NECESSARY STAFF, INCLUDING AN EXECUTIVE DIREC-
TOR  AND A COUNSEL, AND MAKE NECESSARY EXPENDITURES SUBJECT TO APPROPRI-
ATION. THE BOARD MAY EMPLOY SUCH STAFF, INCLUDING LEGAL  AND  ACCOUNTING
STAFF,  AS  ARE NECESSARY FOR PROVIDING TECHNICAL ASSISTANCE TO PROSPEC-
TIVE AND PARTICIPATING CANDIDATES, FOR THE PURPOSE OF  PROMOTING  UNDER-
STANDING  OF,  PARTICIPATION IN, AND COMPLIANCE WITH THE REQUIREMENTS OF
THE CAMPAIGN FINANCE PROGRAM CREATED BY ARTICLE FOURTEEN-A OF THIS CHAP-
TER.
  4. NO MEMBER OF THE BOARD SHALL BE  REMOVED  FROM  OFFICE  EXCEPT  FOR
CAUSE AND UPON NOTICE AND HEARING.
  S  9.  Section  3-104  of  the election law is amended by adding a new
subdivision 3-a to read as follows:
  3-A. IF AFTER AN INVESTIGATION, THE STATE  BOARD  OF  ELECTIONS  FINDS
REASONABLE CAUSE TO BELIEVE THAT A VIOLATION OF ARTICLE FOURTEEN OF THIS
CHAPTER  HAS TAKEN PLACE, IT MAY INSTITUTE AN ADJUDICATORY PROCEEDING IN
ACCORDANCE WITH SECTION 3-105 OF THIS TITLE FOR THE PURPOSE OF DETERMIN-
ING WHETHER OR NOT A VIOLATION HAS TAKEN PLACE  AND  ASSESSING  A  CIVIL
PENALTY PURSUANT TO SECTION 14-126 OF THIS CHAPTER.
  S  10. Subdivision 4 of section 3-104 of the election law, as redesig-
nated by chapter 9 of the laws of 1978, is amended to read as follows:
  4. The state [or other] board of  elections  may,  where  appropriate,
commence a judicial proceeding [with respect to the filing or failure to
file  any  statement  of receipts, expenditures, or contributions, under
the provisions] SEEKING CIVIL PENALTIES PURSUANT TO SUBDIVISION  ONE  OF
SECTION  14-126  of  this chapter[, and the state board of elections may
direct the  appropriate  other  board  of  elections  to  commence  such
proceeding].
  S  11.  The  election  law is amended by adding a new section 3-109 to
read as follows:
  S 3-109. ADJUDICATORY PROCEEDING.  1. EXCEPT AS OTHERWISE PROVIDED  IN
THIS  SECTION,  AN ADJUDICATORY PROCEEDING TO DETERMINE WHETHER OR NOT A
VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER HAS  TAKEN  PLACE  AND  TO

S. 4501                            22

ASSESS  A CIVIL PENALTY PURSUANT TO SECTION 14-126 OF THIS CHAPTER SHALL
BE CONDUCTED IN ACCORDANCE WITH ARTICLE THREE OF THE  STATE  ADMINISTRA-
TIVE PROCEDURE ACT.
  2. SUCH PROCEEDING SHALL BE CONDUCTED BY A HEARING OFFICER SELECTED ON
A RANDOM BASIS BY THE STATE BOARD OF ELECTIONS FROM AN ACTIVE LIST OF AT
LEAST  SIX ATTORNEYS WHO HAVE APPLIED FOR AND BEEN APPROVED BY THE BOARD
AS HEARING OFFICERS. SUCH HEARING OFFICER SHALL  BE  A  STATE  BOARD  OF
ELECTIONS COMMISSIONER OR AN INDEPENDENT CONTRACTOR WHO SHALL BE COMPEN-
SATED  ON  A  PER  DIEM  BASIS AT A RATE FIXED BY THE BOARD IN ITS REGU-
LATIONS PROMULGATED PURSUANT TO THIS SECTION.
  3. THE HEARING OFFICER SHALL PREPARE AND SUBMIT TO THE STATE BOARD  OF
ELECTIONS,  TOGETHER WITH THE ENTIRE RECORD OF THE PROCEEDING, A WRITTEN
REPORT CONTAINING FINDINGS OF FACT, CONCLUSIONS OF LAW, AND  RECOMMENDA-
TIONS CONCERNING THE IMPOSITION OF A CIVIL PENALTY.
  4.  AFTER  REVIEWING  THE RECORD, FINDINGS, AND RECOMMENDATIONS OF THE
HEARING OFFICER, THE STATE BOARD SHALL MAKE A DETERMINATION AS TO WHETH-
ER OR NOT A VIOLATION HAS OCCURRED AND, WHENEVER APPROPRIATE,  IMPOSE  A
PENALTY  CONSISTENT  WITH  SECTION 14-126 OF THIS CHAPTER. REGARDLESS OF
WHETHER OR NOT A PENALTY IS ASSESSED, THE STATE BOARD OF ELECTIONS SHALL
ISSUE A WRITTEN DETERMINATION SETTING FORTH  ITS  FINDINGS  AND  CONCLU-
SIONS.
  5. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES AND REGULATIONS
TO  IMPLEMENT  THE PROVISIONS OF THIS SECTION AND SUBDIVISION THREE-A OF
SECTION 3-104 OF THIS TITLE, INCLUDING, BUT NOT LIMITED  TO,  PROCEDURAL
RULES  AS PROVIDED FOR IN SUBDIVISION THREE OF SECTION THREE HUNDRED ONE
OF THE STATE ADMINISTRATIVE PROCEDURE ACT, FACTORS TO BE  CONSIDERED  IN
SETTING  A  PENALTY AMOUNT PURSUANT TO SUBDIVISION ONE OF SECTION 14-126
OF THIS CHAPTER, A PER DIEM COMPENSATION RATE FOR HEARING OFFICERS,  AND
ANY  QUALIFICATIONS FOR HEARING OFFICERS WHICH THE BOARD DEEMS NECESSARY
IN ORDER TO INSURE THEIR OBJECTIVITY AND INDEPENDENCE.  CONCERNING  SUCH
QUALIFICATIONS,  THE  RULES AND REGULATIONS SHALL PROVIDE, AT A MINIMUM,
THAT HEARING OFFICERS BE MEMBERS IN GOOD STANDING OF  THE  BAR  OF  THIS
STATE,  THAT  THEY  REFRAIN  FROM  APPEARING  BEFORE  THE STATE BOARD OF
ELECTIONS OR FROM ANY ACTIVITIES AS A LOBBYIST, AND THAT  THEY  HOLD  NO
PUBLIC OFFICE OR PARTY POSITION.
  6. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS LIMITING ANY EXISTING
POWERS  OF  THE STATE BOARD OF ELECTIONS, INCLUDING, BUT NOT LIMITED TO,
ITS INVESTIGATIVE POWERS AND ITS POWER TO  REFER  VIOLATIONS  WARRANTING
CRIMINAL PROSECUTION TO THE APPROPRIATE DISTRICT ATTORNEY.
  S 12. If any section of this act or any part thereof shall be adjudged
by  any  court  of  competent  jurisdiction to be invalid, such judgment
shall not affect, impair  or  invalidate  the  remainder  or  any  other
section or part thereof.
  S 13. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.