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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Jan 06, 2016 |
referred to election law |
| May 28, 2015 |
referred to election law |
Assembly Bill A7870
2015-2016 Legislative Session
Enacts an omnibus ethics reform act of 2015
download bill text pdfSponsored By
LENTOL
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Daniel O'Donnell
Linda Rosenthal
Catherine Nolan
James F. Brennan
multi-Sponsors
Robin Schimminger
2015-A7870 (ACTIVE) - Details
- Current Committee:
- Assembly Election Law
- Law Section:
- Penal Law
- Laws Affected:
- Add §§195.30 & 195.35, amd §§200.00, 200.03 - 200.05, Pen L; amd Part E §2, Chap 60 of 2015; amd El L, generally; amd §63, Exec L; amd §157, R & SS L; add §§5-b, 1-u & 1-v, amd §5, ren §§1-u & 1-v to be §§1-w & 1-x, Leg L; add §92-t, amd §95, St Fin L; amd §658, Tax L
2015-A7870 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7870
2015-2016 Regular Sessions
I N A S S E M B L Y
May 28, 2015
___________
Introduced by M. of A. LENTOL, O'DONNELL, KAMINSKY -- (at request of the
Department of Law) -- read once and referred to the Committee on
Election Law
AN ACT to amend the penal law, in relation to undisclosed self-dealing;
to amend the penal law, in relation to the descriptions of certain
bribery offenses and defenses; to amend the executive law, in relation
to the jurisdiction of the attorney general (Part A); to amend the
retirement and social security law, in relation to removal of pension
and retirement benefits from persons convicted of certain felonies; to
amend the legislative law, in relation to prohibiting members of the
state legislature from receiving earned income from any source other
then the state; to amend the legislative law, in relation to per diem
allowances to members of the legislature; to amend part E of chapter
60 of the laws of 2015 establishing a commission on legislative, judi-
cial and executive compensation, in relation to salaries of members of
the legislature (Part B); and to amend the election law, in relation
to campaign receipts and expenditures and public financing; to amend
the election law, in relation to contributions from limited liability
companies; to amend the election law, in relation to monies received
and expenditures made by a party committee or constituted committee;
to amend the election law, in relation to restricting campaign
contributions by those with business relationships with the state and
in relation to imposing contribution and receipt limits with respect
to monies received and expenditures made by party committees and
constituted committees; to amend the state finance law, in relation to
the New York state campaign finance fund; and to amend the tax law, in
relation to the New York state campaign finance fund; to amend the
legislative law, in relation to restrictions on political contrib-
utions from lobbyists; to amend the election law, in relation to
restricting campaign funds for personal use (Part C)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11348-03-5
A. 7870 2
Section 1. This act shall be known as the End New York Corruption Now
Act.
S 2. This act enacts into law major components which are necessary to
enact ethics reform for public officials, reform the campaign finance
system and expand law enforcement tools to combat public corruption.
Each component is wholly contained within a Part identified as Parts A
through C. The effective date for each particular provision contained
within such Part is set forth in the last section of such Part. Any
provision in any section contained within a Part, including the effec-
tive date of the Part, which makes a reference to a section "of this
act", when used in connection with that particular component, shall be
deemed to mean and refer to the corresponding section of the Part in
which it is found. Section four of this act sets forth the general
effective date of this act.
PART A
Section 1. The penal law is amended by adding two new sections 195.30
and 195.35 to read as follows:
S 195.30 UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE.
A PERSON IS GUILTY OF UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE
WHEN, BEING A PUBLIC SERVANT, HE OR SHE INTENTIONALLY ENGAGES IN CONDUCT
OR A COURSE OF CONDUCT IN HIS OR HER OFFICIAL CAPACITY IN CONNECTION
WITH THE AWARD OF A PUBLIC CONTRACT OR PUBLIC GRANT OR OTHER EFFORT TO
OBTAIN OR RETAIN PUBLIC BUSINESS OR PUBLIC FUNDS THAT IS INTENDED TO
CONFER AN UNDISCLOSED BENEFIT ON HIMSELF, HERSELF, A SPOUSE, DOMESTIC
PARTNER, CHILD, PARENT, OR SIBLING OF THE PUBLIC SERVANT, A PERSON WITH
WHOM A PUBLIC SERVANT HAS A BUSINESS OR OTHER FINANCIAL RELATIONSHIP, OR
A FIRM IN WHICH THE PUBLIC SERVANT HAS A PRESENT OR POTENTIAL INTEREST
AND THEREBY OBTAINS OR ATTEMPTS TO OBTAIN A BENEFIT FOR HIMSELF,
HERSELF, A SPOUSE, DOMESTIC PARTNER, CHILD, PARENT, OR SIBLING OF THE
PUBLIC SERVANT, A PERSON WITH WHOM A PUBLIC SERVANT HAS A BUSINESS OR
OTHER FINANCIAL RELATIONSHIP, OR A FIRM IN WHICH THE PUBLIC SERVANT HAS
A PRESENT OR POTENTIAL INTEREST WITH A VALUE IN EXCESS OF THREE THOUSAND
DOLLARS. A BENEFIT IS DISCLOSED IF ITS EXISTENCE IS MADE KNOWN PRIOR TO
THE ALLEGED WRONGFUL CONDUCT TO EITHER (I) THE RELEVANT STATE OR LOCAL
ETHICS COMMISSION OR (II) THE OFFICIAL RESPONSIBLE FOR THE PUBLIC SERV-
ANT'S APPOINTMENT TO HIS OR HER POSITION, PROVIDED THAT PERSON IS NOT A
PARTICIPANT IN THE ALLEGED WRONGFUL CONDUCT.
UNDISCLOSED SELF-DEALING IN THE SECOND DEGREE IS A CLASS D FELONY.
S 195.35 UNDISCLOSED SELF-DEALING IN THE FIRST DEGREE.
A PERSON IS GUILTY OF UNDISCLOSED SELF-DEALING IN THE FIRST DEGREE
WHEN, BEING A PUBLIC SERVANT, HE OR SHE INTENTIONALLY ENGAGES IN CONDUCT
OR A COURSE OF CONDUCT IN HIS OR HER OFFICIAL CAPACITY IN CONNECTION
WITH THE AWARD OF A PUBLIC CONTRACT OR PUBLIC GRANT OR OTHER EFFORT TO
OBTAIN OR RETAIN PUBLIC BUSINESS OR PUBLIC FUNDS THAT IS INTENDED TO
CONFER AN UNDISCLOSED BENEFIT ON HIMSELF, HERSELF, A SPOUSE, DOMESTIC
PARTNER, CHILD, PARENT, OR SIBLING OF THE PUBLIC SERVANT, A PERSON WITH
WHOM A PUBLIC SERVANT HAS A BUSINESS OR OTHER FINANCIAL RELATIONSHIP, OR
A FIRM IN WHICH THE PUBLIC SERVANT HAS A PRESENT OR POTENTIAL INTEREST
AND THEREBY OBTAINS OR ATTEMPTS TO OBTAIN A BENEFIT FOR HIMSELF,
HERSELF, A SPOUSE, DOMESTIC PARTNER, CHILD, PARENT, OR SIBLING OF THE
PUBLIC SERVANT, A PERSON WITH WHOM A PUBLIC SERVANT HAS A BUSINESS OR
OTHER FINANCIAL RELATIONSHIP, OR A FIRM IN WHICH THE PUBLIC SERVANT HAS
A PRESENT OR POTENTIAL INTEREST WITH A VALUE IN EXCESS OF TEN THOUSAND
DOLLARS. A BENEFIT IS DISCLOSED IF ITS EXISTENCE IS MADE KNOWN PRIOR TO
A. 7870 3
THE ALLEGED WRONGFUL CONDUCT TO EITHER (I) THE RELEVANT STATE OR LOCAL
ETHICS COMMISSION OR (II) THE OFFICIAL RESPONSIBLE FOR THE PUBLIC SERV-
ANT'S APPOINTMENT TO HIS OR HER POSITION, PROVIDED THAT PERSON IS NOT A
PARTICIPANT IN THE ALLEGED WRONGFUL CONDUCT.
UNDISCLOSED SELF-DEALING IN THE FIRST DEGREE IS A CLASS C FELONY.
S 2. Section 200.00 of the penal law, as amended by chapter 833 of the
laws of 1986, is amended to read as follows:
S 200.00 Bribery in the third degree.
A person is guilty of bribery in the third degree when he OR SHE
confers, or offers or agrees to confer, any benefit upon a public serv-
ant [upon an agreement or understanding that] WITH THE INTENT TO INFLU-
ENCE such public servant's vote, opinion, judgment, action, decision or
exercise of discretion as a public servant [will thereby be influenced].
Bribery in the third degree is a class D felony.
S 3. Section 200.03 of the penal law, as amended by section 18 of
subpart A of part H of chapter 55 of the laws of 2014, is amended to
read as follows:
S 200.03 Bribery in the second degree.
A person is guilty of bribery in the second degree when he OR SHE
confers, or offers or agrees to confer, any benefit valued in excess of
five thousand dollars upon a public servant [upon an agreement or under-
standing that] WITH THE INTENT TO INFLUENCE such public servant's vote,
opinion, judgment, action, decision or exercise of discretion as a
public servant [will thereby be influenced].
Bribery in the second degree is a class C felony.
S 4. Section 200.04 of the penal law, as amended by section 19 of
subpart A of part H of chapter 55 of the laws of 2014, is amended to
read as follows:
S 200.04 Bribery in the first degree.
A person is guilty of bribery in the first degree when the person
confers, or offers or agrees to confer: (1) any benefit upon a public
servant [upon an agreement or understanding that] WITH THE INTENT TO
INFLUENCE such public servant's vote, opinion, judgment, action, deci-
sion or exercise of discretion as a public servant [will thereby be
influenced] in the investigation, arrest, detention, prosecution or
incarceration of any person for the commission or alleged commission of
a class A felony defined in article two hundred twenty of this part or
an attempt to commit any such class A felony; or (2) any benefit valued
in excess of one hundred thousand dollars upon a public servant [upon an
agreement or understanding that] WITH THE INTENT TO INFLUENCE such
public servant's vote, opinion, judgment, action, decision or exercise
of discretion as a public servant [will thereby be influenced].
Bribery in the first degree is a class B felony.
S 5. Section 200.05 of the penal law is amended to read as follows:
S 200.05 Bribery; defense.
In any prosecution for bribery[,]: (1) it is a defense that the
defendant conferred or agreed to confer the benefit involved upon the
public servant involved as a result of conduct of the latter constitut-
ing larceny committed by means of extortion, or an attempt to commit the
same, or coercion, or an attempt to commit coercion[.]; AND (2) IT IS
ALSO A DEFENSE THAT THE BENEFIT THAT THE DEFENDANT CONFERRED, OR OFFERED
OR AGREED TO CONFER, UPON THE PUBLIC SERVANT WAS A LEGITIMATE CAMPAIGN
CONTRIBUTION, UNLESS SUCH CONTRIBUTION WAS MADE UPON AN AGREEMENT OR
UNDERSTANDING THAT SUCH PUBLIC SERVANT'S VOTE, OPINION, JUDGMENT,
ACTION, DECISION OR EXERCISE OF DISCRETION AS A PUBLIC SERVANT WOULD
THEREBY BE INFLUENCED.
A. 7870 4
S 6. Section 63 of the executive law is amended by adding a new subdi-
vision 3-a to read as follows:
3-A. INVESTIGATE, TO THE EXTENT THAT THE ATTORNEY GENERAL DEEMS JUST
AND PROPER, THE ALLEGED COMMISSION OF ANY INDICTABLE OFFENSE OR OFFENSES
IN VIOLATION OF LAW (I) ARISING UNDER SECTION 195.00, SECTION 195.20,
ARTICLE TWO HUNDRED, OR ARTICLE FOUR HUNDRED NINETY-SIX OF THE PENAL
LAW; OR (II) INVOLVING LARCENY FROM OR AN INTENT TO DEFRAUD THE STATE,
ANY POLITICAL SUBDIVISION, PUBLIC AUTHORITY, OR PUBLIC BENEFIT CORPO-
RATION OF THE STATE; OR (III) COMMITTED BY OR IN CONCERT WITH A PUBLIC
SERVANT RELATING TO HIS OR HER PUBLIC OFFICE, AS THOSE TERMS ARE USED IN
THE PENAL LAW; AND WHERE APPROPRIATE PROSECUTE THE PERSON OR PERSONS
BELIEVED TO HAVE COMMITTED THE SAME AND ANY CRIME OR OFFENSE ARISING OUT
OF SUCH INVESTIGATION OR PROSECUTION OR BOTH, INCLUDING BUT NOT LIMITED
TO APPEARING BEFORE AND PRESENTING ALL SUCH MATTERS TO A GRAND JURY.
S 7. This act shall take effect immediately, provided, however that:
sections one, two, three, four and five of this act shall take effect on
the ninetieth day after it shall have become a law.
PART B
Section 1. Paragraphs (h), (i), and (j) of subdivision 8 of section
157 of the retirement and social security law, as amended by section 13
of part CC of chapter 56 of the laws of 2015, are amended to read as
follows:
(h) The proportionality of forfeiture of all or part of the pension to
the crime committed; AND
(i) [The years of service in public office by the defendant where no
criminal activity has been found by a court; and
(j)] Any such other factors as, in the judgment of the supreme court,
justice may require; PROVIDED HOWEVER, THAT, IN DETERMINING WHETHER THE
PENSION SHALL BE REDUCED OR REVOKED, THE SUPREME COURT SHALL NOT CONSID-
ER THE YEARS OF SERVICE IN PUBLIC OFFICE BY THE DEFENDANT WHERE NO CRIM-
INAL ACTIVITY WAS DETECTED OR FOUND BY A COURT OR APPROPRIATE LAW
ENFORCEMENT AGENCY.
S 2. Subdivision 10 of section 157 of the retirement and social secu-
rity law, as amended by section 12 of part CC of chapter 56 of the laws
of 2015, is amended to read as follows:
10. [(a)] Upon a finding by the court by clear and convincing evidence
that the defendant knowingly and intentionally committed a crime related
to public office, the court may issue an order to the appropriate
retirement system to reduce or revoke the defendant's pension to which
he or she is otherwise entitled as such a public official. All orders
and findings made by the court pursuant to this section shall be served
by the attorney general or the district attorney, as the case may be
upon the chief administrator of the defendant's retirement system and
the defendant.
[(b) If the court issues an order pursuant to paragraph (a) of this
subdivision, the court shall order payment of a portion of such pension
benefit to: (1) the innocent spouse if so requested by such spouse paya-
ble at the time the public official would have been eligible for retire-
ment if such spouse has not otherwise waived, in writing, his or her
right to such benefit; and (2) innocent minor children and other depen-
dents pursuant to law of the public official in an amount that the court
finds just and proper consistent with the pension benefits to which the
public official would be entitled and the portion of those benefits
which would be used for the support of such minor children or dependents
A. 7870 5
pursuant to law. Such payment to the innocent spouse shall be computed
pursuant to paragraph (c) of this subdivision, and payments pursuant to
subparagraphs one and two of this paragraph shall be adjusted to reflect
interest accrued between the time of such conviction and the time of
such payment.
(c) When determining the amount of benefits which the defendant's
innocent spouse is entitled to receive, the factors contained in para-
graph d of subdivision five of part B of section two hundred thirty-six
of the domestic relations law shall be considered by the court. However,
when determining such apportionment, the court shall not annul or modify
any prior court order regarding such benefits.]
S 3. The legislative law is amended by adding a new section 5-b to
read as follows:
S 5-B. PROHIBITION OF OUTSIDE EARNED INCOME FOR MEMBERS. 1. A MEMBER
OF THE LEGISLATURE SHALL BE PROHIBITED FROM PERFORMING ANY ACTIVITY FOR
COMPENSATION THAT RESULTS IN OUTSIDE EARNED INCOME, EXCEPT AS AUTHORIZED
BY THIS SECTION.
2. A. FOR PURPOSES OF THIS SECTION, THE TERM "OUTSIDE EARNED INCOME"
SHALL INCLUDE, BUT NOT BE LIMITED TO, WAGES, SALARIES, FEES AND OTHER
FORMS OF COMPENSATION FOR SERVICES ACTUALLY RENDERED.
B. FOR THE PURPOSES OF THIS SECTION, THE TERM "OUTSIDE EARNED INCOME"
SHALL NOT INCLUDE:
(1) SALARY, BENEFITS AND ALLOWANCES PAID BY THE STATE;
(2) INCOME AND ALLOWANCES ATTRIBUTABLE TO SERVICE IN THE RESERVES OF
THE ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD OR OTHER ACTIVE
MILITARY SERVICE;
(3) ROYALTIES FROM THE SALE OF A BOOK, ARTISTIC PERFORMANCE OR OTHER
INTELLECTUAL PROPERTY; PROVIDED, HOWEVER, THAT NO ADVANCE FEES SHALL BE
PERMITTED; OR
(4) A PENSION, INVESTMENT, CAPITAL GAINS OR OTHER EARNINGS ACCRUED
FROM PRIOR EMPLOYMENT OR ACTUAL SERVICES RENDERED PRIOR TO THE MEMBER
TAKING OFFICE.
3. A MEMBER OF THE LEGISLATURE WHO KNOWINGLY AND WILLFULLY VIOLATES
THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY IN AN
AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS. ASSESSMENT OF A CIVIL
PENALTY SHALL BE MADE BY THE JOINT COMMISSION ON PUBLIC ETHICS. SUCH
COMMISSION, MAY, IN LIEU OF OR IN ADDITION TO A CIVIL PENALTY, REFER A
VIOLATION TO THE APPROPRIATE PROSECUTOR.
4. WILLFUL VIOLATION OF THE PROVISIONS OF THIS SECTION IS PUNISHABLE
AS A CLASS A MISDEMEANOR.
S 4. Subdivision 2 of section 5 of the legislative law, as added by
section 7 of part CC of chapter 56 of the laws of 2015, is amended to
read as follows:
2. (a) Each member of the legislature, upon verification of attend-
ance, which shall be by electronic verification when practicable, in
compliance with the policies set forth by the speaker of the assembly
and the temporary president of the senate for their respective bodies,
shall be eligible to receive payment of actual and necessary travel
expenses [and a per diem equivalent to the most recent federal per diem
rates published by the general services administration as set forth in
41 CFR (Code of Federal Regulations) Part 301, App. A,] for the time in
which the member was in travel status in the performance of his or her
duties during the months in which the legislature is scheduled to be in
regular session. During the months when the legislature is not scheduled
to be in regular session, members shall receive such actual and neces-
sary travel expenses [and per diems], in compliance with verification
A. 7870 6
policies and in accord with standards and limits for reimbursable events
set forth by the speaker of the assembly and the temporary president of
the senate for their respective bodies. [The per diem allowances includ-
ing partial per diem allowances shall be made on audit and warrant of
the comptroller on vouchers approved by the temporary president of the
senate or his or her designee and speaker of the assembly or his or her
designee for their respective houses.]
(b) Each house shall make available on its website all documentation
otherwise available to the public pursuant to section eighty-eight of
the public officers law related to the payment of travel expenses [and
per diems].
S 5. Subdivision 3 of section 2 of part E of chapter 60 of the laws of
2015, establishing a commission on legislative, judicial and executive
compensation, is amended to read as follows:
3. In discharging its responsibilities under subdivision two of this
section, the commission shall take into account all appropriate factors
including, but not limited to: the overall economic climate; rates of
inflation; changes in public-sector spending; the levels of compensation
and non-salary benefits received by executive branch officials and
legislators of other states and of the federal government; the levels of
compensation and non-salary benefits received by professionals in
government, academia and private and nonprofit enterprise; and the
state's ability to fund increases in compensation and non-salary bene-
fits. THE FIRST COMMISSION THAT MEETS AFTER THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF 2015 THAT AMENDED THIS SUBDIVISION SHALL RECOM-
MEND A LEVEL OF COMPENSATION FOR MEMBERS OF THE LEGISLATURE THAT IS NOT
LESS THAN $112,500 AND NOT MORE THAN $174,000. EACH SUBSEQUENT COMMIS-
SION SHALL RECOMMEND A SALARY FOR MEMBERS OF THE LEGISLATURE NOT LESS
THAN THE THEN EXISTING COMPENSATION PLUS AN INCREASE COMMENSURATE WITH
COST OF LIVING ADJUSTMENTS PROVIDED TO OTHER STATE EMPLOYEES.
S 6. This act shall take effect immediately; provided, however that:
(a) section two of this act shall take effect on the same date and in
the same manner as part CC of chapter 56 of the laws of 2015 takes
effect; and
(b) section three of this act shall take effect on January 1, 2017.
PART C
Section 1. The article heading of article 14 of the election law is
amended to read as follows:
[Campaign Receipts and Expenditures] CAMPAIGN RECEIPTS AND EXPENDI-
TURES; PUBLIC FINANCING
S 2. Sections 14-100 through 14-130 of article 14 of the election law
are designated title I and a new title heading is added to read as
follows:
CAMPAIGN RECEIPTS AND EXPENDITURES
S 3. Section 14-100 of the election law is amended by adding a new
subdivision 15 to read as follows:
15. "AUTHORIZED COMMITTEE" MEANS THE SINGLE POLITICAL COMMITTEE DESIG-
NATED BY A CANDIDATE TO RECEIVE ALL CONTRIBUTIONS AUTHORIZED BY THIS
TITLE.
S 4. Section 3-104 of the election law is amended by adding a new
subdivision 9 to read as follows:
9. THERE SHALL BE A UNIT KNOWN AS THE STATE BOARD OF ELECTIONS PUBLIC
FINANCING UNIT ESTABLISHED WITHIN THE STATE BOARD OF ELECTIONS, WHICH
SHALL BE RESPONSIBLE FOR ADMINISTERING AND, WITH THE DIVISION OF
A. 7870 7
ELECTION LAW ENFORCEMENT, ENFORCING THE REQUIREMENTS OF THE PUBLIC
FINANCING SYSTEM SET FORTH IN TITLE TWO OF ARTICLE FOURTEEN OF THIS
CHAPTER.
S 5. Subdivisions 1 and 10 of section 14-114 of the election law,
subdivision 1 as amended and subdivision 10 as added by chapter 79 of
the laws of 1992 and paragraphs a and b of subdivision 1 as amended by
chapter 659 of the laws of 1994, are amended to read as follows:
1. The following limitations 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 contributions 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 PARTIC-
IPATING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM AS DEFINED IN
TITLE TWO OF THIS ARTICLE, and no SUCH candidate or political committee
may accept any contribution from any contributor, which is in the aggre-
gate amount greater than: (i) in the case of any nomination to public
office, the product of the total number of enrolled voters in the candi-
date's party in the state, excluding voters in inactive status, multi-
plied by $.005, but such amount shall be not [less than four thousand
dollars nor] more than [twelve] FIVE 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] SUCH
public office, [twenty-five] 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 nomination to public
office an amount equivalent to the product of the number of enrolled
voters in the candidate's party in the state, excluding voters in inac-
tive 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 inactive 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 PARTICIPAT-
ING IN THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM DEFINED IN TITLE TWO
OF THIS ARTICLE (FOR THOSE OFFICES OR POSITIONS COVERED BY THAT SYSTEM)
and no SUCH 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
candidate'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] E of this subdivision; in the case
A. 7870 8
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] E of this subdivision; in the case of a nomination OR
ELECTION for state senator, [four] THREE 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 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 nomination for a member of the assembly,
[twenty-five hundred] TWO THOUSAND dollars [as increased or decreased by
the cost of living adjustment described in paragraph c of this subdivi-
sion; 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, grandparent, 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 greater, or in the
case of a nomination or election of a state senator, twenty thousand
dollars, whichever is greater, or in the case of a nomination 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. 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 CONTRIBU-
TOR MAY MAKE A CONTRIBUTION TO ANY CANDIDATE OR POLITICAL COMMITTEE IN
CONNECTION WITH A CANDIDATE WHO IS NOT A PARTICIPATING CANDIDATE AS
DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200 OF THIS ARTICLE, AND
NO SUCH 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 VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.005, BUT SUCH
AMOUNT SHALL BE NOT LESS THAN FOUR THOUSAND DOLLARS NOR MORE THAN FIVE
THOUSAND DOLLARS, AND (II) IN THE CASE OF ANY ELECTION TO A PUBLIC
OFFICE, FIVE THOUSAND DOLLARS; 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.
D. 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 IN
CONNECTION WITH A CANDIDATE WHO IS NOT A PARTICIPATING CANDIDATE AS
DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200 OF THIS ARTICLE AND NO
A. 7870 9
SUCH 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 E 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 E OF
THIS SUBDIVISION; IN THE CASE OF A NOMINATION OR ELECTION FOR STATE
SENATOR, THREE THOUSAND DOLLARS; IN THE CASE OF AN ELECTION OR NOMI-
NATION FOR A MEMBER OF THE ASSEMBLY, TWO 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-
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.
E. At the beginning of each fourth calendar year, commencing in [nine-
teen hundred ninety-five] TWO THOUSAND TWENTY-ONE, 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 Febru-
ary 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.
F. EACH PARTY OR CONSTITUTED COMMITTEE MAY TRANSFER TO, OR SPEND TO
ELECT OR OPPOSE A CANDIDATE, OR TRANSFER TO ANOTHER PARTY OR CONSTITUTED
COMMITTEE, NO MORE THAN FIVE THOUSAND DOLLARS PER ELECTION, AS INCREASED
OR DECREASED BY THE COST OF LIVING ADJUSTMENTS DESCRIBED IN PARAGRAPH E
OF THIS SUBDIVISION EXCEPT THAT SUCH COMMITTEE MAY IN ADDITION TO SUCH
TRANSFERS OR EXPENDITURES:
(I) IN A GENERAL OR SPECIAL ELECTION TRANSFER TO, OR SPEND TO ELECT OR
OPPOSE A CANDIDATE, NO MORE THAN FIVE HUNDRED DOLLARS AS INCREASED OR
A. 7870 10
DECREASED BY THE COST OF LIVING ADJUSTMENTS DESCRIBED IN PARAGRAPH E OF
THIS SUBDIVISION RECEIVED FROM EACH CONTRIBUTOR; AND
(II) IN ANY ELECTION SPEND WITHOUT LIMITATION FOR NON-CANDIDATE
EXPENDITURES NOT DESIGNED OR INTENDED TO ELECT A PARTICULAR CANDIDATE OR
CANDIDATES.
FOR PURPOSES OF THIS PARAGRAPH, "SPEND TO ELECT OR OPPOSE" DOES NOT
INCLUDE SPENDING THAT IS INDEPENDENT OF THE CANDIDATE OR HIS OR HER
AGENTS OR AUTHORIZED POLITICAL COMMITTEES.
G. NOTWITHSTANDING ANY OTHER CONTRIBUTION LIMIT IN THIS SECTION,
PARTICIPATING CANDIDATES AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION
14-200 OF THIS ARTICLE MAY CONTRIBUTE, OUT OF THEIR OWN MONEY, THREE
TIMES THE APPLICABLE CONTRIBUTION LIMIT TO THEIR OWN AUTHORIZED COMMIT-
TEE.
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] TWENTY-FIVE THOUSAND 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 6. Article 14 of the election law is amended by adding a new title
II to read as follows:
TITLE II
PUBLIC FINANCING
SECTION 14-200. DEFINITIONS.
14-201. REPORTING REQUIREMENTS.
14-202. CONTRIBUTIONS.
14-203. PROOF OF COMPLIANCE.
14-204. ELIGIBILITY.
14-205. LIMITS ON PUBLIC FINANCING.
14-206. PAYMENT OF PUBLIC MATCHING FUNDS.
14-207. USE OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN EXPEND-
ITURES.
14-208. POWERS AND DUTIES OF BOARD.
14-209. AUDITS AND REPAYMENTS.
14-210. ENFORCEMENT AND PENALTIES FOR VIOLATIONS AND OTHER
PROCEEDINGS.
14-211. REPORTS.
14-212. DEBATES FOR CANDIDATES FOR STATEWIDE OFFICE.
14-213. SEVERABILITY.
S 14-200. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. THE TERM "AUTHORIZED COMMITTEE" SHALL MEAN THE SINGLE COMMITTEE
DESIGNATED BY A CANDIDATE PURSUANT TO SECTION 14-201 OF THIS TITLE TO
RECEIVE CONTRIBUTIONS AND MAKE EXPENDITURES IN SUPPORT OF THE CANDI-
DATE'S CAMPAIGN.
A. 7870 11
2. THE TERM "BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
3. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS APPEARS IN
SUBDIVISION NINE OF SECTION 14-100 OF THIS ARTICLE.
4. THE TERM "CONTRIBUTOR" SHALL MEAN ANY PERSON OR ENTITY THAT MAKES A
CONTRIBUTION.
5. THE TERM "COVERED ELECTION" SHALL MEAN ANY PRIMARY, GENERAL, OR
SPECIAL ELECTION FOR NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE
OF GOVERNOR, LIEUTENANT GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER,
STATE SENATOR, OR MEMBER OF THE ASSEMBLY.
6. THE TERM "ELECTION CYCLE" SHALL MEAN THE TWO YEAR PERIOD STARTING
THE DAY AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR THE STATE
LEGISLATURE AND SHALL MEAN THE FOUR YEAR PERIOD STARTING AFTER THE DAY
AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR STATEWIDE OFFICE.
7. THE TERM "EXPENDITURE" SHALL MEAN 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 CONNECTION WITH THE NOMINATION FOR ELECTION, OR ELECTION,
OF ANY CANDIDATE. EXPENDITURES MADE BY CONTRACT ARE DEEMED MADE WHEN
SUCH FUNDS ARE OBLIGATED.
8. THE TERM "FUND" SHALL MEAN THE NEW YORK STATE CAMPAIGN FINANCE
FUND.
9. THE TERM "IMMEDIATE FAMILY" SHALL MEAN A SPOUSE, CHILD, SIBLING OR
PARENT.
10. THE TERM "INTERMEDIARY" SHALL MEAN AN INDIVIDUAL, CORPORATION,
PARTNERSHIP, POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER ENTITY
WHICH BUNDLES, CAUSES TO BE DELIVERED OR OTHERWISE DELIVERS ANY CONTRIB-
UTION FROM ANOTHER PERSON OR ENTITY TO A CANDIDATE OR AUTHORIZED COMMIT-
TEE, OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY
OR MESSENGER SERVICE. PROVIDED, HOWEVER, THAT AN "INTERMEDIARY" SHALL
NOT INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS, CHILDREN OR SIBLINGS OF
THE PERSON MAKING SUCH CONTRIBUTION OR A STAFF MEMBER OR VOLUNTEER OF
THE CAMPAIGN IDENTIFIED IN WRITING TO THE STATE BOARD OF ELECTIONS. HERE
"CAUSES TO BE DELIVERED" SHALL INCLUDE PROVIDING POSTAGE, ENVELOPES OR
OTHER SHIPPING MATERIALS FOR THE USE OF DELIVERING THE CONTRIBUTION TO
THE ULTIMATE RECIPIENT.
11. THE TERM "ITEM WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE"
SHALL MEAN ANY ITEM, INCLUDING TICKETS TO AN EVENT, THAT ARE VALUED AT
TWENTY-FIVE DOLLARS OR MORE.
12. (A) THE TERM "MATCHABLE CONTRIBUTION" SHALL MEAN A CONTRIBUTION,
CONTRIBUTIONS OR A PORTION OF A CONTRIBUTION OR CONTRIBUTIONS FOR ANY
COVERED ELECTIONS HELD IN THE SAME ELECTION CYCLE, MADE BY A NATURAL
PERSON WHO IS A UNITED STATES CITIZEN AND RESIDENT IN THE STATE OF NEW
YORK TO A PARTICIPATING CANDIDATE, THAT HAS BEEN REPORTED IN FULL TO THE
BOARD 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 DAY OF THE APPLICABLE PRIMARY, GENERAL, RUNOFF OR SPECIAL
ELECTION. ANY CONTRIBUTION, CONTRIBUTIONS, OR A PORTION OF A CONTRIB-
UTION DETERMINED TO BE INVALID FOR MATCHING FUNDS BY THE BOARD MAY NOT
BE TREATED AS A MATCHABLE CONTRIBUTION FOR ANY PURPOSE.
(B) THE FOLLOWING CONTRIBUTIONS ARE NOT MATCHABLE:
(I) LOANS;
(II) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;
(III) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM
WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
(IV) TRANSFERS FROM A PARTY OR CONSTITUTED COMMITTEE;
A. 7870 12
(V) ANONYMOUS CONTRIBUTIONS OR CONTRIBUTIONS WHOSE SOURCE IS NOT ITEM-
IZED AS REQUIRED BY SECTION 14-201 OF THIS TITLE;
(VI) CONTRIBUTIONS GATHERED DURING A PREVIOUS ELECTION CYCLE;
(VII) ILLEGAL CONTRIBUTIONS;
(VIII) CONTRIBUTIONS FROM MINORS;
(IX) CONTRIBUTIONS FROM VENDORS FOR CAMPAIGNS; AND
(X) CONTRIBUTIONS FROM LOBBYISTS REGISTERED PURSUANT TO SUBDIVISION
(A) OF SECTION ONE-C OF THE LEGISLATIVE LAW.
13. THE TERM "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR A
COVERED ELECTION WHO FAILS TO FILE A WRITTEN CERTIFICATION IN THE FORM
OF AN AFFIDAVIT UNDER SECTION 14-204 OF THIS TITLE BY THE APPLICABLE
DEADLINE.
14. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN ANY CANDIDATE FOR
NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE OF GOVERNOR, LIEU-
TENANT GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER, STATE SENATOR, OR
MEMBER OF THE ASSEMBLY WHO FILES A WRITTEN CERTIFICATION IN THE FORM OF
AN AFFIDAVIT PURSUANT TO SECTION 14-204 OF THIS TITLE.
15. THE TERM "POST-ELECTION PERIOD" SHALL MEAN THE FIVE YEARS FOLLOW-
ING AN ELECTION WHEN A CANDIDATE IS SUBJECT TO AN AUDIT.
16. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDI-
TURE FOR WHICH PUBLIC MATCHING FUNDS MAY BE USED.
17. THE TERM "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 TITLE.
18. THE TERM "TRANSFER" SHALL MEAN ANY EXCHANGE OF FUNDS BETWEEN A
PARTY OR CONSTITUTED COMMITTEE AND A CANDIDATE OR ANY OF HIS OR HER
AUTHORIZED COMMITTEES.
S 14-201. REPORTING REQUIREMENTS. 1. POLITICAL COMMITTEE REGISTRA-
TION. POLITICAL COMMITTEES AS DEFINED PURSUANT TO SUBDIVISION ONE OF
SECTION 14-100 OF THIS ARTICLE SHALL REGISTER WITH THE BOARD BEFORE
MAKING ANY CONTRIBUTION OR EXPENDITURE. THE BOARD SHALL PUBLISH A CUMU-
LATIVE LIST OF POLITICAL COMMITTEES THAT HAVE REGISTERED, INCLUDING ON
ITS WEBPAGE, AND REGULARLY UPDATE IT.
2. ONLY ONE AUTHORIZED COMMITTEE PER CANDIDATE PER ELECTIVE OFFICE
SOUGHT. BEFORE RECEIVING ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR
A COVERED ELECTION, EACH CANDIDATE SHALL NOTIFY THE BOARD AS TO THE
EXISTENCE OF HIS OR HER AUTHORIZED COMMITTEE THAT HAS BEEN APPROVED BY
SUCH CANDIDATE. EACH CANDIDATE SHALL HAVE ONE AND ONLY ONE AUTHORIZED
COMMITTEE PER ELECTIVE OFFICE SOUGHT. EACH AUTHORIZED COMMITTEE SHALL
HAVE A TREASURER AND IS SUBJECT TO THE RESTRICTIONS FOUND IN SECTION
14-112 OF THIS ARTICLE.
3. DISCLOSURE REPORTS. (A) DETAILED REPORTING. IN ADDITION TO EACH
AUTHORIZED AND POLITICAL COMMITTEE REPORTING TO THE BOARD EVERY CONTRIB-
UTION AND LOAN RECEIVED AND EVERY EXPENDITURE MADE IN THE TIME AND
MANNER PRESCRIBED BY SECTIONS 14-102, 14-104 AND 14-108 OF THIS ARTICLE,
EACH AUTHORIZED AND POLITICAL COMMITTEE SHALL ALSO SUBMIT DISCLOSURE
REPORTS ON MARCH FIFTEENTH AND MAY FIFTEENTH OF EACH ELECTION YEAR
REPORTING TO THE BOARD EVERY CONTRIBUTION AND LOAN RECEIVED AND EVERY
EXPENDITURE MADE. FOR CONTRIBUTORS WHO MAKE CONTRIBUTIONS OF FIVE
HUNDRED DOLLARS OR MORE, EACH AUTHORIZED AND POLITICAL COMMITTEE SHALL
REPORT TO THE BOARD THE OCCUPATION, AND BUSINESS ADDRESS OF EACH
CONTRIBUTOR, LENDER, AND INTERMEDIARY. THE BOARD SHALL REVISE, PREPARE
AND POST FORMS ON ITS WEBPAGE THAT FACILITATE COMPLIANCE WITH THE
REQUIREMENTS OF THIS SECTION.
A. 7870 13
(B) BOARD REVIEW. THE BOARD'S PUBLIC FINANCING UNIT SHALL REVIEW EACH
DISCLOSURE REPORT FILED AND SHALL INFORM AUTHORIZED AND POLITICAL
COMMITTEES OF RELEVANT QUESTIONS THE UNIT 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 THIS REVIEW, THE UNIT SHALL GIVE AUTHORIZED
AND POLITICAL COMMITTEES AN OPPORTUNITY TO RESPOND TO AND CORRECT POTEN-
TIAL VIOLATIONS AND GIVE CANDIDATES AN OPPORTUNITY TO ADDRESS QUESTIONS
THE UNIT HAS CONCERNING THEIR MATCHABLE CONTRIBUTION CLAIMS OR OTHER
ISSUES CONCERNING ELIGIBILITY FOR RECEIVING PUBLIC MATCHING FUNDS PURSU-
ANT TO THIS TITLE. NOTHING IN THIS PARAGRAPH SHALL PRECLUDE THE UNIT OR
THE BOARD FROM SUBSEQUENTLY REVIEWING SUCH DISCLOSURE REPORTS AND TAKING
ANY ACTION OTHERWISE AUTHORIZED UNDER THIS TITLE.
(C) ITEMIZATION. CONTRIBUTIONS THAT ARE NOT ITEMIZED IN REPORTS FILED
WITH THE BOARD SHALL NOT BE MATCHABLE.
(D) OPTION TO FILE MORE FREQUENTLY. PARTICIPATING CANDIDATES MAY FILE
REPORTS OF CONTRIBUTIONS AS FREQUENTLY AS ONCE A WEEK ON FRIDAYS SO THAT
THEIR MATCHING FUNDS MAY BE PAID AT THE EARLIEST ALLOWABLE DATE.
S 14-202. CONTRIBUTIONS. RECIPIENTS OF FUNDS PURSUANT TO THIS TITLE
SHALL BE SUBJECT TO THE APPLICABLE CONTRIBUTION LIMITS SET FORTH IN
SECTION 14-114 OF THIS ARTICLE.
S 14-203. PROOF OF COMPLIANCE. AUTHORIZED AND POLITICAL COMMITTEES
SHALL MAINTAIN SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR A COVERED
ELECTION AS REQUIRED BY THE BOARD. AUTHORIZED AND POLITICAL COMMITTEES
SHALL OBTAIN AND FURNISH TO THE PUBLIC FINANCING UNIT ANY INFORMATION IT
MAY REQUEST RELATING TO FINANCIAL TRANSACTIONS OR CONTRIBUTIONS AND
FURNISH SUCH DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS TITLE
AS MAY BE REQUESTED. IN COMPLIANCE WITH SECTION 14-108 OF THIS ARTICLE,
AUTHORIZED AND POLITICAL COMMITTEES SHALL MAINTAIN COPIES OF SUCH
RECORDS FOR A PERIOD OF FIVE YEARS.
S 14-204. ELIGIBILITY. 1. TERMS AND CONDITIONS. TO BE ELIGIBLE FOR
VOLUNTARY PUBLIC FINANCING UNDER THIS TITLE, A CANDIDATE MUST:
(A) BE A CANDIDATE IN A COVERED ELECTION;
(B) MEET ALL THE REQUIREMENTS OF LAW TO HAVE HIS OR HER NAME ON THE
BALLOT;
(C) IN THE CASE OF A COVERED GENERAL OR SPECIAL ELECTION, BE OPPOSED
BY ANOTHER CANDIDATE ON THE BALLOT WHO IS NOT A WRITE-IN CANDIDATE;
(D) SUBMIT A CERTIFICATION IN THE FORM OF AN AFFIDAVIT, IN SUCH FORM
AS MAY BE PRESCRIBED BY THE BOARD, THAT SETS FORTH HIS OR HER ACCEPTANCE
OF AND AGREEMENT TO COMPLY WITH THE TERMS AND CONDITIONS FOR THE
PROVISION OF SUCH FUNDS IN EACH COVERED ELECTION AND SUCH CERTIFICATION
SHALL BE SUBMITTED AT LEAST FOUR MONTHS BEFORE THE ELECTION PURSUANT TO
A SCHEDULE PROMULGATED BY THE PUBLIC FINANCING UNIT OF THE BOARD;
(E) BE CERTIFIED AS A PARTICIPATING CANDIDATE BY THE BOARD;
(F) NOT MAKE, AND NOT HAVE MADE, EXPENDITURES FROM OR USE HIS OR HER
PERSONAL FUNDS OR PROPERTY OR THE PERSONAL FUNDS OR PROPERTY JOINTLY
HELD WITH HIS OR HER SPOUSE, OR UNEMANCIPATED CHILDREN IN CONNECTION
WITH HIS OR HER NOMINATION 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 INDI-
VIDUAL CONTRIBUTOR TO CANDIDATES FOR THE OFFICE THAT HE OR SHE IS SEEK-
ING;
(G) MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION TWO OF
THIS SECTION;
(H) CONTINUE TO ABIDE BY ALL REQUIREMENTS DURING THE POST-ELECTION
PERIOD;
A. 7870 14
(I) AGREE NOT TO EXPEND FOR CAMPAIGN PURPOSES ANY PORTION OF ANY PRE-
EXISTING FUNDS RAISED FOR ANY PUBLIC OFFICE OR PARTY POSITION PRIOR TO
THE FIRST DAY OF THE ELECTION CYCLE FOR WHICH THE CANDIDATE SEEKS
CERTIFICATION. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO LIMIT, IN
ANY WAY, ANY CANDIDATE OR PUBLIC OFFICIAL FROM EXPENDING ANY PORTION OF
PRE-EXISTING CAMPAIGN FUNDS FOR ANY LAWFUL PURPOSE OTHER THAN THOSE
RELATED TO HIS OR HER CAMPAIGN; AND
(J) NOT HAVE ACCEPTED CONTRIBUTIONS IN AMOUNTS EXCEEDING THE CONTRIB-
UTION LIMITS SET FORTH FOR PARTICIPATING CANDIDATES IN PARAGRAPHS A AND
B OF SUBDIVISION ONE OF SECTION 14-114 OF THIS ARTICLE DURING THE
ELECTION CYCLE FOR WHICH THE CANDIDATE SEEKS CERTIFICATION;
(I) PROVIDED HOWEVER, THAT, IF A CANDIDATE ACCEPTED CONTRIBUTIONS
EXCEEDING SUCH LIMITS BEFORE CERTIFICATION, SUCH ACCEPTANCE SHALL NOT
PREVENT THE CANDIDATE FROM BEING CERTIFIED BY THE BOARD IF THE CANDIDATE
IMMEDIATELY PAYS TO THE FUND OR RETURNS TO THE CONTRIBUTOR THE PORTION
OF ANY CONTRIBUTION THAT EXCEEDED THE APPLICABLE CONTRIBUTION LIMIT.
(II) IF THE CANDIDATE IS UNABLE TO RETURN SUCH FUNDS IMMEDIATELY
BECAUSE THEY HAVE ALREADY BEEN SPENT, ACCEPTANCE OF CONTRIBUTIONS
EXCEEDING THE LIMITS SHALL NOT PREVENT THE CANDIDATE FROM BEING CERTI-
FIED BY THE BOARD IF THE CANDIDATE SUBMITS AN AFFIDAVIT AGREEING TO PAY
TO THE FUND ALL PORTIONS OF ANY CONTRIBUTIONS THAT EXCEEDED THE LIMIT NO
LATER THAN THIRTY DAYS BEFORE THE GENERAL ELECTION. IF A CANDIDATE
PROVIDES THE BOARD WITH SUCH AN AFFIDAVIT, ANY DISBURSEMENT OF PUBLIC
FUNDS TO THE CANDIDATE MADE UNDER SECTION 14-206 OF THIS TITLE SHALL BE
REDUCED BY NO MORE THAN TWENTY-FIVE PERCENT UNTIL THE TOTAL AMOUNT OWED
BY THE CANDIDATE IS REPAID.
(III) NOTHING IN THIS SECTION SHALL BE INTERPRETED TO REQUIRE A CANDI-
DATE WHO RETAINS FUNDS RAISED DURING A PREVIOUS ELECTION CYCLE TO
FORFEIT SUCH FUNDS. FUNDS RAISED DURING A PREVIOUS ELECTION CYCLE MAY BE
RETAINED, BUT ONLY IF THE CANDIDATE PLACES THE FUNDS IN ESCROW.
(IV) CONTRIBUTIONS RECEIVED AND EXPENDITURES MADE BY THE CANDIDATE OR
AN AUTHORIZED COMMITTEE OF THE CANDIDATE PRIOR TO THE EFFECTIVE DATE OF
THIS TITLE SHALL NOT CONSTITUTE A VIOLATION OF THIS TITLE. UNEXPENDED
CONTRIBUTIONS SHALL BE TREATED THE SAME AS CAMPAIGN SURPLUSES UNDER
SUBPARAGRAPH (III) OF THIS PARAGRAPH.
2. THRESHOLD FOR ELIGIBILITY. (A) THE THRESHOLD FOR ELIGIBILITY FOR
PUBLIC FUNDING FOR PARTICIPATING CANDIDATES SHALL BE IN THE CASE OF:
(I) GOVERNOR, NOT LESS THAN THREE HUNDRED THOUSAND DOLLARS IN MATCHA-
BLE CONTRIBUTIONS INCLUDING AT LEAST THREE THOUSAND MATCHABLE CONTRIB-
UTIONS COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE
DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF NEW YORK STATE;
(II) LIEUTENANT GOVERNOR, ATTORNEY GENERAL, AND COMPTROLLER, NOT LESS
THAN ONE HUNDRED THOUSAND DOLLARS IN MATCHABLE CONTRIBUTIONS INCLUDING
AT LEAST ONE THOUSAND MATCHABLE CONTRIBUTIONS COMPRISED OF SUMS BETWEEN
TEN AND ONE HUNDRED SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS
OF NEW YORK STATE;
(III) STATE SENATOR, NOT LESS THAN TWELVE THOUSAND FIVE HUNDRED
DOLLARS IN MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST ONE HUNDRED TWEN-
TY-FIVE MATCHABLE CONTRIBUTIONS COMPRISED OF SUMS BETWEEN TEN AND ONE
HUNDRED SEVENTY-FIVE DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF THE
DISTRICT IN WHICH THE SEAT IS TO BE FILLED; AND
(IV) MEMBER OF THE ASSEMBLY, NOT LESS THAN FIVE THOUSAND DOLLARS IN
MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST FIFTY MATCHABLE CONTRIBUTIONS
COMPRISED OF SUMS BETWEEN TEN AND ONE HUNDRED SEVENTY-FIVE DOLLARS PER
CONTRIBUTOR, FROM RESIDENTS OF THE DISTRICT IN WHICH THE SEAT IS TO BE
FILLED.
A. 7870 15
(B) ANY PARTICIPATING CANDIDATE MEETING THE THRESHOLD FOR ELIGIBILITY
IN A PRIMARY ELECTION FOR ONE OF THE FOREGOING OFFICES SHALL BE DEEMED
TO HAVE MET THE THRESHOLD FOR ELIGIBILITY FOR SUCH OFFICE IN ANY OTHER
SUBSEQUENT ELECTION HELD IN THE SAME CALENDAR YEAR.
(C) AT THE BEGINNING OF EACH FOURTH CALENDAR YEAR, COMMENCING IN TWO
THOUSAND TWENTY-ONE, 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 THRESHOLD FOR ELIGIBIL-
ITY 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 THRESHOLD
FOR ELIGIBILITY. EACH THRESHOLD FOR ELIGIBILITY AS SO ADJUSTED SHALL BE
THE LIMIT IN EFFECT FOR ANY ELECTION HELD BEFORE THE NEXT SUCH ADJUST-
MENT. THE MINIMUM AND MAXIMUM DOLLAR AMOUNTS FOR THE MATCHABLE CONTRIB-
UTIONS THAT FUNDS RAISED MUST BE COMPRISED BY TO MEET THE THRESHOLDS FOR
ELIGIBILITY FOR CANDIDATES FIXED IN THIS SUBDIVISION SHALL BE ADJUSTED
BY THE AMOUNT OF SUCH PERCENTAGE DIFFERENCE TO THE CLOSEST ONE DOLLAR BY
THE STATE BOARD WHICH, NOT LATER THAN THE FIRST DAY OF FEBRUARY IN EACH
SUCH YEAR, SHALL ISSUE A REGULATION PUBLISHING THE SUCH MINIMUM AND
MAXIMUM AMOUNTS. THE MINIMUM AND MAXIMUM AMOUNTS AS SO ADJUSTED SHALL
BE IN EFFECT FOR ANY ELECTION HELD BEFORE THE NEXT SUCH ADJUSTMENT.
S 14-205. LIMITS ON PUBLIC FINANCING. THE FOLLOWING LIMITATIONS APPLY
TO THE TOTAL AMOUNTS OF PUBLIC FUNDS THAT MAY BE PROVIDED TO A PARTIC-
IPATING CANDIDATE'S AUTHORIZED COMMITTEE FOR AN ELECTION CYCLE:
1. IN ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS BY PARTICIPATING
CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
(I) FOR GOVERNOR, THE SUM OF EIGHT MILLION DOLLARS;
(II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
OF FOUR MILLION DOLLARS;
(III) FOR SENATOR, THE SUM OF THREE HUNDRED SEVENTY-FIVE THOUSAND
DOLLARS;
(IV) FOR MEMBER OF THE ASSEMBLY, THE SUM OF ONE HUNDRED SEVENTY-FIVE
THOUSAND DOLLARS.
2. IN ANY GENERAL OR SPECIAL ELECTION, RECEIPT OF PUBLIC FUNDS BY A
PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEES SHALL NOT EXCEED THE
FOLLOWING AMOUNTS:
CANDIDATES FOR ELECTION TO THE OFFICE OF:
GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED) $10,000,000
ATTORNEY GENERAL $4,000,000
COMPTROLLER $4,000,000
MEMBER OF SENATE $375,000
MEMBER OF ASSEMBLY $175,000
3. NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS NOT
OPPOSED BY A CANDIDATE ON THE BALLOT IN A PRIMARY ELECTION SHALL BE
ENTITLED TO PAYMENT OF PUBLIC MATCHING FUNDS, EXCEPT THAT, WHERE THERE
IS A CONTEST IN SUCH PRIMARY ELECTION FOR THE NOMINATION OF AT LEAST ONE
OF THE TWO POLITICAL PARTIES WITH THE HIGHEST AND SECOND HIGHEST NUMBER
OF ENROLLED MEMBERS FOR SUCH OFFICE, A PARTICIPATING CANDIDATE WHO IS
UNOPPOSED IN THE PRIMARY ELECTION MAY RECEIVE PUBLIC FUNDS BEFORE THE
PRIMARY ELECTION, FOR EXPENSES INCURRED ON OR BEFORE THE DATE OF SUCH
PRIMARY ELECTION, IN AN AMOUNT EQUAL TO UP TO HALF THE SUM SET FORTH IN
PARAGRAPH ONE OF THIS SECTION.
A. 7870 16
4. AT THE BEGINNING OF EACH FOURTH CALENDAR YEAR, COMMENCING IN TWO
THOUSAND TWENTY-ONE, 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 PUBLIC FUNDS LIMIT FIXED
IN THIS SECTION SHALL BE ADJUSTED BY THE AMOUNT OF SUCH PERCENTAGE
DIFFERENCE TO THE CLOSEST ONE HUNDRED DOLLARS BY THE STATE BOARD WHICH,
NOT LATER THAN THE FIRST DAY OF FEBRUARY IN EACH SUCH YEAR, SHALL ISSUE
A REGULATION PUBLISHING THE AMOUNT OF EACH SUCH PUBLIC FUNDS LIMIT. EACH
PUBLIC FUNDS LIMIT AS SO ADJUSTED SHALL BE THE LIMIT IN EFFECT FOR ANY
ELECTION HELD BEFORE THE NEXT SUCH ADJUSTMENT.
S 14-206. PAYMENT OF PUBLIC MATCHING FUNDS. 1. DETERMINATION OF ELIGI-
BILITY. NO PUBLIC MATCHING FUNDS SHALL BE PAID TO AN AUTHORIZED COMMIT-
TEE UNLESS THE PUBLIC FINANCING UNIT DETERMINES THAT THE PARTICIPATING
CANDIDATE HAS MET THE ELIGIBILITY REQUIREMENTS OF THIS TITLE. PAYMENT
SHALL NOT EXCEED THE AMOUNTS SPECIFIED IN SUBDIVISION TWO OF THIS
SECTION, AND SHALL BE MADE ONLY IN ACCORDANCE WITH THE PROVISIONS OF
THIS TITLE. SUCH PAYMENT MAY BE MADE ONLY TO THE PARTICIPATING CANDI-
DATE'S AUTHORIZED COMMITTEE. NO PUBLIC MATCHING 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. CALCULATION OF PAYMENT. IF THE THRESHOLD FOR ELIGIBILITY IS MET,
THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE SHALL RECEIVE PAYMENT
FOR QUALIFIED CAMPAIGN EXPENDITURES OF SIX DOLLARS OF PUBLIC MATCHING
FUNDS FOR EACH ONE DOLLAR OF MATCHABLE CONTRIBUTIONS, MADE ON OR AFTER
THE FIRST DAY OF THE ELECTION CYCLE FOR WHICH THE CANDIDATE IS A PARTIC-
IPATING CANDIDATE, FOR THE FIRST ONE HUNDRED SEVENTY-FIVE DOLLARS OF
ELIGIBLE PRIVATE FUNDS PER CONTRIBUTOR, OBTAINED AND REPORTED TO THE
BOARD IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. THE MAXIMUM
PAYMENT OF PUBLIC MATCHING FUNDS SHALL BE LIMITED TO THE AMOUNTS SET
FORTH IN SECTION 14-205 OF THIS TITLE FOR THE COVERED ELECTION.
3. AT THE BEGINNING OF EACH FOURTH CALENDAR YEAR, COMMENCING IN TWO
THOUSAND TWENTY-ONE, 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 DOLLAR AMOUNT OF EACH MATCHABLE
CONTRIBUTION TO BE MATCHED AS SET FORTH IN SUBDIVISION TWO OF THIS
SECTION SHALL BE ADJUSTED BY THE AMOUNT OF SUCH PERCENTAGE DIFFERENCE TO
THE CLOSEST ONE DOLLAR 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 MATCHABLE CONTRIBUTIONS THAT SHALL BE MATCHED.
EACH SUCH AMOUNT AS SO ADJUSTED SHALL BE THE AMOUNT IN EFFECT FOR ANY
ELECTION HELD BEFORE THE NEXT SUCH ADJUSTMENT.
4. TIMING OF PAYMENT. THE PUBLIC FINANCING UNIT SHALL MAKE ANY PAYMENT
OF PUBLIC MATCHING FUNDS TO PARTICIPATING CANDIDATES AS SOON AS IS PRAC-
TICABLE. BUT IN ALL CASES, THAT UNIT SHALL VERIFY ELIGIBILITY FOR PUBLIC
MATCHING FUNDS WITHIN FOUR DAYS OF RECEIVING A CAMPAIGN CONTRIBUTION
REPORT FILED IN COMPLIANCE WITH SECTION 14-104 OF THIS ARTICLE. WITHIN
TWO DAYS OF DETERMINING THAT A CANDIDATE FOR A COVERED OFFICE IS ELIGI-
BLE FOR PUBLIC MATCHING FUNDS, THE UNIT SHALL PAY THE APPLICABLE MATCH-
ING FUNDS OWED TO THE CANDIDATE. HOWEVER, THE UNIT SHALL NOT MAKE ANY
PAYMENTS OF PUBLIC MONEY EARLIER THAN THE EARLIEST DATES FOR MAKING SUCH
PAYMENTS AS PROVIDED BY THIS TITLE. IF ANY OF SUCH PAYMENTS WOULD
A. 7870 17
REQUIRE PAYMENT ON A WEEKEND OR FEDERAL HOLIDAY, PAYMENT SHALL BE MADE
ON THE NEXT BUSINESS DAY.
5. ELECTRONIC FUNDS TRANSFER. THE BOARD SHALL PROMULGATE RULES TO
FACILITATE ELECTRONIC FUNDS TRANSFERS DIRECTLY FROM THE FUND INTO AN
AUTHORIZED COMMITTEE'S BANK ACCOUNT.
6. IRREGULARLY SCHEDULED ELECTIONS. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS TITLE, THE BOARD SHALL PROMULGATE RULES TO PROVIDE FOR
THE PROMPT ISSUANCE OF PUBLIC MATCHING FUNDS TO ELIGIBLE PARTICIPATING
CANDIDATES FOR QUALIFIED CAMPAIGN EXPENDITURES IN THE CASE OF ANY OTHER
COVERED ELECTION HELD ON A DAY DIFFERENT FROM THAT THAN ORIGINALLY SCHE-
DULED INCLUDING SPECIAL ELECTIONS. BUT IN ALL CASES, THE PUBLIC FINANC-
ING UNIT SHALL (A) WITHIN FOUR DAYS OF RECEIVING A REPORT OF CONTRIB-
UTIONS FROM A CANDIDATE FOR A COVERED OFFICE CLAIMING ELIGIBILITY FOR
PUBLIC MATCHING FUNDS VERIFY THAT CANDIDATE'S ELIGIBILITY FOR PUBLIC
MATCHING FUNDS; AND (B) WITHIN TWO DAYS OF DETERMINING THAT THE CANDI-
DATE FOR A COVERED OFFICE IS ELIGIBLE FOR PUBLIC MATCHING FUNDS, THE
UNIT SHALL PAY THE APPLICABLE MATCHING FUNDS OWED TO THE CANDIDATE.
S 14-207. 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 PRIOR TO
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 IN VIOLATION OF ANY LAW;
(B) AN EXPENDITURE IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES,
MATERIALS, FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
(C) AN EXPENDITURE MADE AFTER THE CANDIDATE HAS BEEN FINALLY DISQUALI-
FIED FROM THE BALLOT;
(D) AN EXPENDITURE MADE AFTER THE ONLY REMAINING OPPONENT OF THE
CANDIDATE HAS BEEN FINALLY DISQUALIFIED FROM THE GENERAL OR SPECIAL
ELECTION BALLOT;
(E) AN EXPENDITURE MADE BY CASH PAYMENT;
(F) A CONTRIBUTION OR LOAN OR TRANSFER MADE TO OR EXPENDITURE TO
SUPPORT ANOTHER CANDIDATE OR POLITICAL COMMITTEE OR PARTY, COMMITTEE OR
CONSTITUTED COMMITTEE;
(G) AN EXPENDITURE TO SUPPORT OR OPPOSE A CANDIDATE FOR AN OFFICE
OTHER THAN THAT WHICH THE PARTICIPATING CANDIDATE SEEKS;
(H) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED CAMPAIGN
MATERIAL;
(I) LEGAL FEES TO DEFEND AGAINST A CRIMINAL CHARGE;
(J) PAYMENTS TO IMMEDIATE FAMILY MEMBERS OF THE PARTICIPATING CANDI-
DATE; OR
(K) ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION, ACCEPTANCE,
AUTHORIZATION, DECLINATION OR SUBSTITUTION.
S 14-208. POWERS AND DUTIES OF BOARD. 1. ADVISORY OPINIONS. THE BOARD
SHALL 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 INITIATIVE.
THE BOARD SHALL PROMULGATE RULES REGARDING REASONABLE TIMES TO RESPOND
TO SUCH REQUESTS. THE BOARD SHALL MAKE PUBLIC THE QUESTIONS OF INTERPRE-
TATION FOR WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE BOARD AND
ITS ADVISORY OPINIONS, INCLUDING BY PUBLICATION ON ITS WEBPAGE WITH
A. 7870 18
IDENTIFYING INFORMATION REDACTED AS THE BOARD DETERMINES TO BE APPROPRI-
ATE.
2. PUBLIC INFORMATION AND CANDIDATE EDUCATION. THE BOARD SHALL 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 WEBPAGE.
THE BOARD SHALL PREPARE IN PLAIN LANGUAGE AND MAKE AVAILABLE EDUCATIONAL
MATERIALS, INCLUDING COMPLIANCE MANUALS AND SUMMARIES AND EXPLANATIONS
OF THE PURPOSES AND PROVISIONS OF THIS TITLE. THE BOARD SHALL PREPARE OR
HAVE PREPARED 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 TITLE.
3. RULES AND REGULATIONS. THE BOARD SHALL HAVE THE AUTHORITY TO
PROMULGATE SUCH RULES AND REGULATIONS AND PROVIDE SUCH FORMS AS IT DEEMS
NECESSARY FOR THE ADMINISTRATION OF THIS TITLE.
4. DATABASE. THE BOARD SHALL DEVELOP AN INTERACTIVE, SEARCHABLE
COMPUTER DATABASE THAT SHALL CONTAIN ALL INFORMATION NECESSARY FOR THE
PROPER ADMINISTRATION OF THIS TITLE INCLUDING INFORMATION ON CONTRIB-
UTIONS TO AND EXPENDITURES BY CANDIDATES AND THEIR AUTHORIZED COMMITTEE,
INDEPENDENT EXPENDITURES IN SUPPORT OR OPPOSITION OF CANDIDATES FOR
COVERED OFFICES, AND DISTRIBUTIONS OF MONEYS FROM THE FUND. SUCH DATA-
BASE SHALL BE ACCESSIBLE TO THE PUBLIC ON THE BOARD'S WEBPAGE.
5. THE BOARD'S PUBLIC FINANCING UNIT SHALL WORK WITH THE ENFORCEMENT
UNIT TO ENFORCE THIS SECTION.
S 14-209. AUDITS AND REPAYMENTS. 1. AUDITS. THE BOARD SHALL AUDIT AND
EXAMINE ALL MATTERS RELATING TO THE PROPER ADMINISTRATION OF THIS TITLE
AND SHALL COMPLETE SUCH AUDIT NO LATER THAN TWO YEARS AFTER THE ELECTION
IN QUESTION. EVERY CANDIDATE WHO RECEIVES PUBLIC FUNDS UNDER THIS TITLE
SHALL BE AUDITED BY THE BOARD. THE COST OF COMPLYING WITH A POST-ELEC-
TION AUDIT SHALL BE BORNE BY THE CANDIDATE'S AUTHORIZED COMMITTEE USING
PUBLIC FUNDS, PRIVATE FUNDS OR ANY COMBINATION OF SUCH FUNDS. CANDI-
DATES WHO RUN IN BOTH A PRIMARY AND GENERAL ELECTION MUST MAINTAIN A
RESERVE OF THREE PERCENT OF THE PUBLIC FUNDS RECEIVED TO COMPLY WITH THE
POST-ELECTION AUDIT. THE BOARD SHALL ISSUE TO EACH CAMPAIGN AUDITED A
FINAL AUDIT REPORT THAT DETAILS ITS FINDINGS.
2. REPAYMENTS. (A) IF THE BOARD DETERMINES THAT ANY PORTION OF THE
PAYMENT MADE TO A CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS IN
EXCESS OF THE AGGREGATE AMOUNT OF PAYMENTS THAT SUCH CANDIDATE WAS
ELIGIBLE TO RECEIVE PURSUANT TO THIS TITLE, IT SHALL NOTIFY SUCH COMMIT-
TEE AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN AMOUNT EQUAL TO THE
AMOUNT OF EXCESS PAYMENTS. PROVIDED, HOWEVER, THAT IF THE ERRONEOUS
PAYMENT WAS THE RESULT OF AN ERROR BY THE BOARD, THEN THE ERRONEOUS
PAYMENT WILL BE DEDUCTED FROM ANY FUTURE PAYMENT, IF ANY, AND IF NO
PAYMENT IS TO BE MADE THEN NEITHER THE CANDIDATE NOR THE COMMITTEE SHALL
BE LIABLE TO REPAY THE EXCESS AMOUNT TO THE BOARD. THE CANDIDATE, THE
TREASURER AND THE CANDIDATE'S AUTHORIZED COMMITTEE ARE JOINTLY AND
SEVERABLY LIABLE FOR ANY REPAYMENTS TO THE BOARD.
(B) IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO A
CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS USED FOR PURPOSES
OTHER THAN QUALIFIED CAMPAIGN EXPENDITURES AND SUCH EXPENDITURES WERE
NOT APPROVED BY THE BOARD, 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. THE CANDIDATE, THE TREASURER AND THE
CANDIDATE'S AUTHORIZED COMMITTEE ARE JOINTLY AND SEVERABLY LIABLE FOR
ANY REPAYMENTS TO THE BOARD.
(C) IF THE TOTAL OF PAYMENTS FROM THE FUND RECEIVED BY A PARTICIPATING
CANDIDATE AND HIS OR HER AUTHORIZED COMMITTEE EXCEED THE TOTAL CAMPAIGN
A. 7870 19
EXPENDITURES OF SUCH CANDIDATE AND AUTHORIZED COMMITTEE FOR ALL COVERED
ELECTIONS HELD IN THE SAME CALENDAR YEAR OR FOR A SPECIAL ELECTION TO
FILL A VACANCY, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS FUNDS
TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH AUTHORIZED COMMITTEE
FROM THE FUND DURING SUCH CALENDAR YEAR OR FOR SUCH SPECIAL ELECTION.
PARTICIPATING CANDIDATES SHALL PAY TO THE BOARD UNSPENT PUBLIC CAMPAIGN
FUNDS FROM AN ELECTION NOT LATER THAN TWENTY-SEVEN DAYS AFTER ALL
LIABILITIES FOR THE ELECTION HAVE BEEN PAID AND IN ANY EVENT, NOT LATER
THAN THE DAY ON WHICH THE BOARD ISSUES ITS FINAL AUDIT REPORT FOR THE
PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE; PROVIDED, HOWEVER, THAT
ALL UNSPENT PUBLIC CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE SHALL BE
IMMEDIATELY DUE AND PAYABLE TO THE BOARD UPON A DETERMINATION BY THE
BOARD THAT THE PARTICIPANT HAS DELAYED THE POST-ELECTION AUDIT. A
PARTICIPATING CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES WITH PUBLIC
FUNDS ONLY FOR ROUTINE ACTIVITIES INVOLVING NOMINAL COST ASSOCIATED WITH
WINDING UP A CAMPAIGN AND RESPONDING TO THE POST-ELECTION AUDIT. NOTH-
ING IN THIS TITLE SHALL BE CONSTRUED TO PREVENT A CANDIDATE OR HIS OR
HER AUTHORIZED COMMITTEE FROM USING CAMPAIGN CONTRIBUTIONS RECEIVED FROM
PRIVATE CONTRIBUTORS FOR OTHERWISE LAWFUL EXPENDITURES.
3. THE BOARD SHALL PROMULGATE REGULATIONS FOR THE CERTIFICATION OF THE
AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER, FROM THE FUND ESTABLISHED
PURSUANT TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW, TO A PARTIC-
IPATING CANDIDATE THAT HAS QUALIFIED TO RECEIVE SUCH PAYMENT. THESE
REGULATIONS SHALL INCLUDE THE PROMULGATION AND DISTRIBUTION OF FORMS ON
WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO BE REPORTED, THE PERIODS
DURING WHICH SUCH REPORTS MUST BE FILED AND THE VERIFICATION REQUIRED.
THE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL MAKE POSSIBLE PAYMENT BY
THE FUND WITHIN FOUR BUSINESS DAYS AFTER RECEIPT OF THE REQUIRED FORMS
AND VERIFICATIONS.
S 14-210. ENFORCEMENT AND PENALTIES FOR VIOLATIONS AND OTHER
PROCEEDINGS. 1. CIVIL PENALTIES. VIOLATIONS OF ANY PROVISION OF THIS
TITLE OR RULE PROMULGATED PURSUANT TO THIS TITLE SHALL BE SUBJECT TO A
CIVIL PENALTY IN AN AMOUNT NOT IN EXCESS OF FIFTEEN THOUSAND DOLLARS.
2. NOTICE OF VIOLATION AND OPPORTUNITY TO CONTEST. THE BOARD SHALL:
(A) DETERMINE WHETHER A VIOLATION OF ANY PROVISION OF THIS TITLE OR
RULE PROMULGATED HEREUNDER HAS BEEN COMMITTED;
(B) GIVE WRITTEN NOTICE AND THE OPPORTUNITY TO CONTEST BEFORE AN INDE-
PENDENT HEARING OFFICER TO EACH PERSON OR ENTITY IT HAS REASON TO
BELIEVE HAS COMMITTED A VIOLATION; AND
(C) IF APPROPRIATE, ASSESS PENALTIES FOR VIOLATIONS, FOLLOWING SUCH
NOTICE AND OPPORTUNITY TO CONTEST.
3. CRIMINAL CONDUCT. ANY PERSON WHO KNOWINGLY AND WILLFULLY FURNISHES
OR SUBMITS FALSE STATEMENTS OR INFORMATION TO THE BOARD IN CONNECTION
WITH ITS ADMINISTRATION OF THIS TITLE, SHALL BE GUILTY OF A MISDEMEANOR
IN ADDITION TO ANY OTHER PENALTY AS MAY BE IMPOSED UNDER THIS CHAPTER OR
PURSUANT TO ANY OTHER LAW. THE BOARD SHALL SEEK TO RECOVER ANY PUBLIC
MATCHING FUNDS OBTAINED AS A RESULT OF SUCH CRIMINAL CONDUCT.
4. PROCEEDINGS AS TO PUBLIC FINANCING. (A) THE DETERMINATION OF ELIGI-
BILITY PURSUANT TO THIS TITLE AND ANY QUESTION OR ISSUE RELATING TO
PAYMENTS FOR CAMPAIGN EXPENDITURES PURSUANT TO THIS TITLE MAY BE
CONTESTED IN A PROCEEDING INSTITUTED IN THE SUPREME COURT, ALBANY COUN-
TY, BY ANY AGGRIEVED CANDIDATE.
(B) A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY
OR PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO THIS CHAPTER
SHALL BE INSTITUTED WITHIN FOURTEEN DAYS AFTER SUCH DETERMINATION WAS
MADE. THE BOARD SHALL BE MADE A PARTY TO ANY SUCH PROCEEDING.
A. 7870 20
(C) UPON THE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE FROM A PARTIC-
IPATING CANDIDATE OR SUCH CANDIDATE'S AUTHORIZED COMMITTEE AFTER THE
ISSUANCE OF WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED BY THIS
TITLE, THE BOARD IS AUTHORIZED TO INSTITUTE A SPECIAL PROCEEDING OR
CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A JUDGMENT FOR
ANY AMOUNTS DETERMINED TO BE PAYABLE TO THE BOARD AS A RESULT OF AN
EXAMINATION AND AUDIT MADE PURSUANT TO THIS TITLE OR TO OBTAIN SUCH
AMOUNTS DIRECTLY FROM THE CANDIDATE OR AUTHORIZED COMMITTEE AFTER A
HEARING AT THE STATE BOARD OF ELECTIONS.
(D) THE BOARD IS AUTHORIZED TO INSTITUTE A SPECIAL PROCEEDING OR CIVIL
ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A JUDGMENT FOR CIVIL
PENALTIES DETERMINED TO BE PAYABLE TO THE BOARD PURSUANT TO THIS TITLE
OR TO IMPOSE SUCH PENALTY DIRECTLY AFTER A HEARING AT THE STATE BOARD OF
ELECTIONS.
S 14-211. REPORTS. THE BOARD SHALL REVIEW AND EVALUATE THE EFFECT OF
THIS TITLE UPON THE CONDUCT OF ELECTION CAMPAIGNS AND SHALL SUBMIT A
REPORT TO THE LEGISLATURE ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWEN-
TY, AND EVERY THIRD YEAR THEREAFTER, AND AT ANY OTHER TIME UPON THE
REQUEST OF THE GOVERNOR AND AT SUCH OTHER TIMES AS THE BOARD DEEMS
APPROPRIATE. THESE REPORTS 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 THESE CANDIDATES;
3. THE AMOUNT OF PUBLIC MATCHING FUNDS EACH PARTICIPATING CANDIDATE
RECEIVED, SPENT, AND REPAID PURSUANT TO THIS TITLE;
4. ANALYSIS OF THE EFFECT OF THIS TITLE 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, THE CANDIDATES' ABILITY TO CAMPAIGN EFFECTIVELY FOR PUBLIC
OFFICE, AND THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
AND
5. RECOMMENDATIONS FOR AMENDMENTS TO THIS TITLE, INCLUDING CHANGES IN
CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY, AND ANY OTHER FEATURES
OF THE SYSTEM.
S 14-212. DEBATES FOR CANDIDATES FOR STATEWIDE OFFICE. THE BOARD
SHALL PROMULGATE REGULATIONS TO FACILITATE DEBATES AMONG PARTICIPATING
CANDIDATES WHO SEEK ELECTION TO STATEWIDE OFFICE. PARTICIPATING CANDI-
DATES ARE REQUIRED TO PARTICIPATE IN ONE DEBATE BEFORE EACH ELECTION FOR
WHICH THE CANDIDATE RECEIVES PUBLIC FUNDS, UNLESS THE PARTICIPATING
CANDIDATE IS RUNNING UNOPPOSED. NONPARTICIPATING CANDIDATES MAY PARTIC-
IPATE IN SUCH DEBATES.
S 14-213. SEVERABILITY. IF ANY CLAUSE, SENTENCE, SUBDIVISION, PARA-
GRAPH, SECTION OR PART OF THIS TITLE BE ADJUDGED BY ANY COURT OF COMPE-
TENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR
OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
TION TO THE CLAUSE, SENTENCE, SUBDIVISION, PARAGRAPH, SECTION OR PART
THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT
SHALL HAVE BEEN RENDERED.
S 7. The state finance law is amended by adding a new section 92-t to
read as follows:
S 92-T. NEW YORK STATE CAMPAIGN FINANCE FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW YORK
STATE CAMPAIGN FINANCE FUND.
A. 7870 21
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE NEW YORK
STATE CAMPAIGN FINANCE FUND CHECK-OFF PURSUANT TO SUBSECTION (H) OF
SECTION SIX HUNDRED FIFTY-EIGHT OF THE TAX LAW, FROM THE ABANDONED PROP-
ERTY FUND PURSUANT TO SECTION NINETY-FIVE OF THIS ARTICLE, FROM THE
GENERAL FUND, AND FROM ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO
FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. SUCH FUND SHALL ALSO
RECEIVE CONTRIBUTIONS FROM PRIVATE INDIVIDUALS, ORGANIZATIONS, OR OTHER
PERSONS TO FULFILL THE PURPOSES OF THE PUBLIC FINANCING SYSTEM.
3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT
TO TITLE II OF ARTICLE FOURTEEN OF THE ELECTION LAW AND FOR ADMINISTRA-
TIVE EXPENSES RELATED TO THE IMPLEMENTATION OF ARTICLE FOURTEEN OF THE
ELECTION LAW. MONEYS SHALL BE PAID OUT OF THE FUND BY THE STATE COMP-
TROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE STATE BOARD OF
ELECTIONS, OR ITS DULY DESIGNATED REPRESENTATIVE, IN THE MANNER
PRESCRIBED BY LAW, NOT MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS
RECEIVED BY THE STATE COMPTROLLER.
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 STATE BOARD OF ELECTIONS, ANY SUCH DEFICIENCY SHALL
BE PAID BY THE STATE COMPTROLLER, FROM FUNDS DEPOSITED IN THE GENERAL
FUND OF THE STATE NOT MORE THAN FOUR WORKING DAYS 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 A YEAR IN WHICH A GOVERNOR IS ELECTED
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 THIRTY DAYS AFTER DESIGNATING
PETITIONS, INDEPENDENT NOMINATING PETITIONS, OR CERTIFICATES OF NOMI-
NATION HAVE BEEN FILED AND NOT LESS THAN FORTY-FIVE DAYS BEFORE SUCH
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 CANDIDATES IN A
SPECIAL ELECTION ANY EARLIER THAN THE DAY AFTER THE LAST DAY TO FILE
CERTIFICATES OF PARTY NOMINATION FOR SUCH SPECIAL ELECTION.
9. 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 COURT
IN A FINAL JUDGMENT. NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH
A CANDIDATE 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 8. Section 95 of the state finance law is amended by adding a new
subdivision 5 to read as follows:
5. NOTWITHSTANDING ANY PROVISION OF THIS SECTION AUTHORIZING THE
TRANSFER OF ANY MONEYS IN THE ABANDONED PROPERTY FUND TO THE GENERAL
FUND, IN JANUARY OF EACH YEAR IN WHICH A STATE GENERAL ELECTION IS TO BE
HELD PURSUANT TO LAW, OR AT LEAST SIX WEEKS PRIOR TO ANY STATE SPECIAL
ELECTION, THE COMPTROLLER, UPON WARRANT OR VOUCHER BY THE STATE BOARD OF
A. 7870 22
ELECTIONS OR ITS DULY APPOINTED REPRESENTATIVE, SHALL TRANSFER MONEYS OF
THE ABANDONED PROPERTY FUND INTO THE CAMPAIGN FINANCE FUND PURSUANT TO
SECTION NINETY-TWO-T OF THIS ARTICLE. ON MARCH THIRTY-FIRST OF THE YEAR
FOLLOWING SUCH GENERAL ELECTION YEAR, SUCH BOARD SHALL TRANSFER TO THE
GENERAL FUND ANY SURPLUS MONEYS OF THE CAMPAIGN FINANCE FUND AS OF SUCH
DATE.
S 9. Section 658 of the tax law is amended by adding a new subsection
(h) to read as follows:
(H) NEW YORK STATE CAMPAIGN FINANCE FUND CHECK-OFF. (1) FOR EACH TAXA-
BLE YEAR BEGINNING ON AND AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN,
EVERY RESIDENT TAXPAYER WHOSE NEW YORK STATE INCOME TAX LIABILITY FOR
THE TAXABLE YEAR FOR WHICH THE RETURN IS FILED IS FORTY DOLLARS OR MORE
MAY DESIGNATE ON SUCH RETURN THAT FORTY DOLLARS BE PAID INTO THE NEW
YORK STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T OF
THE STATE FINANCE LAW. WHERE A HUSBAND AND WIFE FILE A JOINT RETURN AND
HAVE A NEW YORK STATE INCOME TAX LIABILITY FOR THE TAXABLE YEAR FOR
WHICH THE RETURN IS FILED IS EIGHTY DOLLARS OR MORE, OR FILE SEPARATE
RETURNS ON A SINGLE FORM, EACH SUCH TAXPAYER MAY MAKE SEPARATE DESIG-
NATIONS ON SUCH RETURN OF FORTY DOLLARS TO BE PAID INTO THE NEW YORK
STATE CAMPAIGN FINANCE FUND.
(2) THE COMMISSIONER SHALL TRANSFER TO THE NEW YORK STATE CAMPAIGN
FINANCE FUND, ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE STATE
FINANCE LAW, AN AMOUNT EQUAL TO FORTY DOLLARS MULTIPLIED BY THE NUMBER
OF DESIGNATIONS.
(3) FOR PURPOSES OF THIS SUBSECTION, THE INCOME TAX LIABILITY OF AN
INDIVIDUAL FOR ANY TAXABLE YEAR IS THE AMOUNT OF TAX IMPOSED UNDER THIS
ARTICLE REDUCED BY THE SUM OF THE CREDITS (AS SHOWN IN HIS OR HER
RETURN) ALLOWABLE UNDER THIS ARTICLE.
(4) THE DEPARTMENT SHALL INCLUDE A PLACE ON EVERY PERSONAL INCOME TAX
RETURN FORM TO BE FILED BY AN INDIVIDUAL FOR A TAX YEAR BEGINNING ON OR
AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, FOR SUCH TAXPAYER TO MAKE THE
DESIGNATIONS DESCRIBED IN PARAGRAPH ONE OF THIS SUBSECTION. SUCH RETURN
FORM SHALL CONTAIN A CONCISE EXPLANATION OF THE PURPOSE OF SUCH OPTIONAL
DESIGNATIONS.
(5) AT THE BEGINNING OF EACH FOURTH CALENDAR YEAR, COMMENCING IN TWO
THOUSAND TWENTY-ONE, THE DEPARTMENT 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. EACH DOLLAR AMOUNT SET OUT IN PARAGRAPH ONE
OF THIS SUBSECTION SHALL BE ADJUSTED BY THE AMOUNT OF SUCH PERCENTAGE
DIFFERENCE TO THE CLOSEST ONE DOLLAR BY THE DEPARTMENT, WHICH SHALL
ISSUE A REGULATION PUBLISHING THE AMOUNT OF EACH SUCH DOLLAR AMOUNT.
EACH DOLLAR AMOUNT AS SO ADJUSTED SHALL GOVERN THE OPERATION OF THE
STATE CAMPAIGN FINANCE FUND CHECK-OFF BEFORE THE NEXT SUCH ADJUSTMENT.
S 10. Subdivision 2 of section 14-120 of the election law, as added by
chapter 79 of the laws of 1992, is amended to read as follows:
2. Notwithstanding subdivision one of this section, a partnership, as
defined in section ten of the partnership law, OR A LIMITED LIABILITY
COMPANY, AS DEFINED IN SECTION ONE HUNDRED TWO OF THE LIMITED LIABILITY
COMPANY LAW, may be considered a separate entity for the purposes of
this section, and as such may make contributions in the name of said
partnership OR LIMITED LIABILITY COMPANY without attributing such
contributions to the individual members of the partnership OR LIMITED
LIABILITY COMPANY provided that any such contribution made by a partner-
ship OR LIMITED LIABILITY COMPANY to a candidate or to a political
A. 7870 23
committee, shall not exceed[,] twenty-five hundred dollars. In the event
that such partnership OR LIMITED LIABILITY COMPANY contribution to any
such candidate or political committee exceeds twenty-five hundred
dollars, the aggregate amount of such contribution shall be attributed
to each partner OR LIMITED LIABILITY COMPANY MEMBER whose share of the
contribution exceeds ninety-nine dollars.
S 11. Subdivision 3 of section 14-124 of the election law, as amended
by chapter 71 of the laws of 1988, is amended to read as follows:
[3. The contribution and receipt limits of this article shall not
apply to monies received and expenditures made by a party committee or
constituted committee to maintain a permanent headquarters and staff and
carry on ordinary activities which are not for the express purpose of
promoting the candidacy of specific candidates.]
S 12. The election law is amended by adding a new section 14-125 to
read as follows:
S 14-125. NEW YORK STATE BUSINESS CONTRACT DATABASE. 1. A. AS USED IN
THIS SECTION:
(I) THE TERM "BUSINESS RELATIONSHIPS WITH THE STATE" SHALL MEAN ANY
CONTRACT FOR THE PROCUREMENT OF GOODS, SERVICES OR CONSTRUCTION THAT IS
ENTERED INTO OR IN EFFECT WITH THE STATE OF NEW YORK OR ANY AGENCY OR
ENTITY AFFILIATED THERETO NOT AWARDED THROUGH A COMPETITIVE BID PROCESS
PURSUANT TO ARTICLES NINE AND ELEVEN OF THE STATE FINANCE LAW. BUSINESS
RELATIONSHIPS WITH THE STATE SHALL NOT MEAN ANY PERSON OR ENTITY
REJECTED FROM PARTICIPATION IN SUCH A CONTRACT OR ANY PERSON OR ENTITY
NOT PARTICIPATING IN SUCH A CONTRACT WITHIN TWENTY-FOUR MONTHS OF ANY
ELECTION.
(II) THE TERM "NEW YORK STATE BUSINESS CONTRACT DATABASE" SHALL MEAN A
DATABASE CREATED, OPERATED, MAINTAINED AND UPDATED BY THE STATE COMP-
TROLLER ACCESSIBLE TO THE PUBLIC WHICH CONTAINS THE NAMES OF PERSONS WHO
HAVE BUSINESS RELATIONSHIPS WITH THE STATE. SUCH DATABASE SHALL PROVIDE
A UNIQUE IDENTIFIER ASSIGNED BY THE STATE COMPTROLLER FOR EACH PERSON
WHO HAS A BUSINESS RELATIONSHIP WITH THE STATE AND SHALL BE CREATED,
OPERATED, MAINTAINED AND UPDATED BY THE STATE COMPTROLLER IN A MANNER SO
AS TO ENSURE ITS REASONABLE ACCURACY AND COMPLETENESS; PROVIDED, HOWEV-
ER, THAT IN NO EVENT SHALL SUCH DATABASE BE UPDATED LESS FREQUENTLY THAN
ONCE A MONTH IN ANY GENERAL ELECTION YEAR. SUCH DATABASE SHALL ENABLE
MEMBERS OF THE PUBLIC TO DETERMINE IF A GIVEN PERSON HAS A BUSINESS
RELATIONSHIP WITH THE STATE.
(III) THE TERM "PERSON" SHALL INCLUDE ANY CHIEF EXECUTIVE OFFICER,
CHIEF FINANCIAL OFFICER OR CHIEF OPERATING OFFICER OF SUCH ENTITY OR
PERSONS SERVING IN AN EQUIVALENT CAPACITY, ANY PERSON EMPLOYED IN A
SENIOR MANAGERIAL CAPACITY REGARDING SUCH ENTITY, OR ANY PERSON WITH AN
INTEREST IN SUCH ENTITY WHICH EXCEEDS TEN PERCENT OF THE VALUE OF SUCH
ENTITY AT FAIR MARKET VALUE.
(IV) THE TERM "SENIOR MANAGERIAL CAPACITY" SHALL MEAN A HIGH LEVEL
SUPERVISORY CAPACITY, EITHER BY VIRTUE OF TITLE OR DUTIES, IN WHICH
SUBSTANTIAL DISCRETION AND OVERSIGHT IS EXERCISED OVER THE SOLICITATION,
LETTING OR ADMINISTRATION OF BUSINESS TRANSACTIONS WITH THE STATE,
INCLUDING CONTRACTS, FRANCHISES, CONCESSION, GRANTS, ECONOMIC DEVELOP-
MENT AGREEMENTS AND APPLICATION FOR LAND USE APPROVALS.
B. ANY DATABASE MAINTAINED BY THE COMPTROLLER AS OF THE EFFECTIVE DATE
OF THIS SECTION MAY SERVE AS THE NEW YORK STATE BUSINESS CONTRACT DATA-
BASE UPON CERTIFICATION BY THE COMPTROLLER TO THE STATE BOARD OF
ELECTIONS THAT SUCH DATABASE FULFILLS THE REQUIREMENTS OF THIS SECTION.
EVERY STATE AGENCY OR AUTHORITY OF THE STATE INCLUDING ANY ENTITY AFFIL-
IATED THERETO SHALL PROVIDE THE COMPTROLLER WITH SUCH INFORMATION AS IS
A. 7870 24
NECESSARY TO CONSTRUCT, MODIFY AND MAINTAIN SUCH DATABASE IN A TIMELY
MANNER.
2. A. NEITHER A CANDIDATE PARTICIPATING IN THE VOLUNTARY CAMPAIGN
FINANCE PROGRAM ESTABLISHED PURSUANT TO THIS ARTICLE, NOR A POLITICAL
COMMITTEE OF SUCH CANDIDATE SHALL ACCEPT CONTRIBUTIONS FOR A COVERED
ELECTION WHICH IN THE AGGREGATE EXCEEDS FOUR HUNDRED DOLLARS FROM A
PERSON OR ENTITY WHO HAS A BUSINESS RELATIONSHIP WITH THE STATE.
B. NEITHER A CANDIDATE WHO DOES NOT PARTICIPATE IN A VOLUNTARY
CAMPAIGN FINANCE PROGRAM PURSUANT TO THIS ARTICLE NOR A POLITICAL
COMMITTEE OF SUCH CANDIDATE SHALL ACCEPT CONTRIBUTIONS FOR A COVERED
ELECTION WHICH IN THE AGGREGATE EXCEEDS FOUR HUNDRED DOLLARS FROM A
PERSON OR ENTITY WHO HAS A BUSINESS RELATIONSHIP WITH THE STATE.
C. NO CONTRIBUTION PURSUANT TO THIS SECTION TO A CANDIDATE OR TO A
POLITICAL COMMITTEE OF SUCH CANDIDATE SHALL BE ELIGIBLE FOR MATCHING
CONTRIBUTIONS PURSUANT TO TITLE TWO OF THIS ARTICLE.
D. IF THE STATE BOARD OF ELECTIONS DETERMINES THAT ANY CONTRIBUTION TO
A CANDIDATE OR TO THE POLITICAL COMMITTEE OF SUCH CANDIDATE VIOLATES THE
PROVISIONS OF THIS SECTION, SUCH BOARD SHALL NOTIFY SUCH CANDIDATE WITH-
IN TWENTY DAYS OF SUCH DETERMINATION AND SUCH CANDIDATE OR CANDIDATE'S
POLITICAL COMMITTEE SHALL MAKE A REASONABLE ATTEMPT TO RETURN SUCH
CONTRIBUTION TO THE CONTRIBUTOR; PROVIDED, HOWEVER, THAT IF SUCH CANDI-
DATE OR THE POLITICAL COMMITTEE OF SUCH CANDIDATE IS UNABLE TO RETURN
SUCH CONTRIBUTION, SUCH MONIES SHALL BE PAID TO THE STATE BOARD OF
ELECTIONS FOR PAYMENT INTO THE NEW YORK STATE CAMPAIGN FINANCE FUND
PURSUANT TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
E. WHEN PUBLICLY REPORTING CAMPAIGN CONTRIBUTIONS, WHERE APPLICABLE,
THE BOARD OF ELECTIONS SHALL INCORPORATE THE UNIQUE IDENTIFIER ASSIGNED
BY THE STATE COMPTROLLER FOR ANY CONTRIBUTOR WITH A BUSINESS RELATION-
SHIP WITH THE STATE.
F. THE STATE COMPTROLLER AND THE STATE BOARD OF ELECTIONS SHALL
PROMULGATE SUCH RULES AND REGULATIONS AS THE COMPTROLLER AND THE BOARD
DEEM NECESSARY FOR THE ADMINISTRATION OF THIS SECTION.
S 13. Sections 1-u and 1-v of the legislative law, section 1-v as
relettered by chapter 1 of the laws of 2005, are renumbered sections 1-w
and 1-x and two new sections 1-u and 1-v are added to read as follows:
S 1-U. RESTRICTIONS ON POLITICAL CONTRIBUTIONS BY LOBBYISTS. A LOBBY-
IST SHALL NOT SOLICIT, MAKE OR TRANSMIT A CONTRIBUTION OR A REQUEST FOR
A CONTRIBUTION FROM OR TO ANY PERSON, INCLUDING A POLITICAL COMMITTEE
FOR THE BENEFIT OF A PUBLIC OFFICIAL OR PARTY COMMITTEE, FOR ELECTION TO
ANY STATE OR MUNICIPAL CORPORATION OFFICE; EXCEPT THAT A LOBBYIST MAY
MAKE A POLITICAL CONTRIBUTION UP TO TWO HUNDRED FIFTY DOLLARS PER CANDI-
DATE PER ELECTION; PROVIDED HOWEVER, THAT FOR STATE LEVEL PUBLIC OFFI-
CIALS, SUCH CONTRIBUTION MAY ONLY BE MADE BETWEEN JULY FIRST AND DECEM-
BER THIRTY-FIRST.
S 1-V. RESTRICTIONS ON ACCEPTANCE OF POLITICAL CONTRIBUTIONS BY PUBLIC
OFFICIALS. A PUBLIC OFFICIAL SHALL NOT KNOWINGLY ACCEPT, SOLICIT, OR
TRANSMIT A CONTRIBUTION OR A REQUEST FOR A CONTRIBUTION FOR HIMSELF OR
HERSELF OR ANY PUBLIC OFFICIAL, POLITICAL COMMITTEE, OR CANDIDATE FROM
OR ON BEHALF OF ANY LOBBYIST REGULATED BY THIS ARTICLE, EXCEPT THAT A
PUBLIC OFFICIAL MAY ACCEPT POLITICAL CONTRIBUTIONS FROM A LOBBYIST, UP
TO TWO HUNDRED FIFTY DOLLARS PER ELECTION; PROVIDED HOWEVER, THAT FOR
STATE LEVEL PUBLIC OFFICIALS, SUCH CONTRIBUTION MAY ONLY BE MADE BETWEEN
JULY FIRST AND DECEMBER THIRTY-FIRST.
S 14. Paragraphs (iii) and (iv) of subdivision 3 of section 14-130 of
the election law, as added by section 9 of part CC of chapter 56 of the
laws of 2015, are amended to read as follows:
A. 7870 25
(iii) clothing[, other than items that are] TO BE used [in the
campaign or in the execution of the duties of public office or party
position] BY THE CANDIDATE OR OFFICE HOLDER OR A MEMBER OF THE CANDI-
DATE'S OR OFFICE HOLDER'S FAMILY;
(iv) tuition payments [unrelated to a political campaign or the hold-
ing of a public office or party position];
S 15. Severability. If any clause, sentence, subdivision, paragraph,
section or part of title II of article 14 of the election law, as added
by section six 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
directly involved in the controversy in which such judgment shall have
been rendered.
S 16. This act shall take effect immediately; provided, however, all
state legislative candidates will be eligible to participate in volun-
tary public financing beginning with the 2017 primary election and all
other state candidates, including those in irregularly scheduled
elections, will be eligible to participate in voluntary public financing
beginning with the 2019 primary election.
S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 4. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through C of this act shall be
as specifically set forth in the last section of such Parts.
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