LBD13343-03-6
S. 7506 2
participation in state elections. The legislature also creates a new
campaign finance board placed within and working hand in hand with the
state board of elections to provide effective oversight and enforcement
of the voluntary campaign financing system. Finally, the legislature
lowers contribution limits for all contributors, whether or not the
candidate participates in the voluntary system, thereby removing the
influence of large contributions in state and local elections.
S 3. Subdivision 10 of section 14-100 of the election law, as added by
chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
laws of 1978, is amended and a new subdivision 15 is added to read as
follows:
10. "transfer" means any exchange of funds or any thing of value
between political committees authorized by the same candidate and taking
part solely in his OR HER campaign[, or any exchange of funds between a
party or constituted committee and a candidate or any of his authorized
political committees].
15. "BOARD", "STATE BOARD" OR "STATE BOARD OF ELECTIONS" MEANS THE
CAMPAIGN FINANCE BOARD AS ESTABLISHED IN TITLE TWO OF THIS ARTICLE.
S 4. Subdivision 1 of section 14-102 of the election law, as amended
by chapter 8 of the laws of 1978 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 [arti-
cle] TITLE 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[,] OR contribution [or transfer], or the
fair market value of any receipt[,] OR contribution [or transfer], which
is other than of money, the name and address of the [transferor,]
contributor or person from whom received, and [if the transferor,
contributor or person is] FOR ANY TRANSFER, CONTRIBUTION OR RECEIPT MADE
BY 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 represented 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 dollars, from any one contributor need not be specif-
ically 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]
TITLE.
S 5. Section 14-107 of the election law as added by section 4 of
subpart C of part H of chapter 55 of the laws of 2014, subdivision 1 as
amended by section 8 of part CC of chapter 56 of the laws of 2015, is
amended to read as follows:
S 14-107. Independent expenditure reporting. 1. For purposes of this
article:
S. 7506 3
(a) "Independent expenditure" means an expenditure made by a person
conveyed to five hundred or more members of a general public audience in
the form of (i) an audio or video communication via broadcast, cable or
satellite, (ii) a written communication via advertisements, pamphlets,
circulars, flyers, brochures, letterheads or (iii) other published
statements which: (i) irrespective of when such communication is made,
contains words such as "vote," "oppose," "support," "elect," "defeat,"
or "reject," which call for the election or defeat of the clearly iden-
tified candidate, (ii) refers to and advocates for or against a clearly
identified candidate or ballot proposal on or after January first of the
year of the election in which such candidate is seeking office or such
proposal shall appear on the ballot, or (iii) within sixty days before a
general or special election for the office sought by the candidate or
thirty days before a primary election, includes or references a clearly
identified candidate. An independent expenditure shall not include
communications where such candidate, the candidate's political committee
or its agents, a party committee or its agents, or a constituted commit-
tee or its agents or a political committee formed to promote the success
or defeat of a ballot proposal or its agents, did authorize, request,
suggest, foster or cooperate in such communication.
(b) "INDEPENDENT SPENDER" MEANS AN INDIVIDUAL OR ENTITY THAT MAKES AN
INDEPENDENT EXPENDITURE OR ELECTIONEERING COMMUNICATION.
(C) "ELECTIONEERING COMMUNICATION" MEANS:
(I) AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC AUDIENCE VIA
BROADCAST, CABLE OR SATELLITE, OR A COMMUNICATION MADE BY PAID ADVERTIS-
ING THAT IS PUBLISHED ON THE INTERNET OR IN A NEWSPAPER OR PERIODICAL
DISTRIBUTED TO A GENERAL PUBLIC AUDIENCE, OR A COMMUNICATION TO FIVE
HUNDRED OR MORE MEMBERS OF A GENERAL PUBLIC AUDIENCE BY PHONE, COMPUTER
OR OTHER ELECTRONIC DEVICES;
(II) WHICH IS BROADCAST OR PUBLISHED WITHIN SIXTY DAYS OF A GENERAL
ELECTION OR THIRTY DAYS OF A PRIMARY ELECTION;
(III) WHICH REFERS TO A CLEARLY IDENTIFIED CANDIDATE OR BALLOT
PROPOSAL; AND
(IV) SUCH CANDIDATE, THE CANDIDATE'S POLITICAL COMMITTEE OR ITS
AGENTS, OR A POLITICAL COMMITTEE FORMED TO PROMOTE THE SUCCESS OR DEFEAT
OF A BALLOT PROPOSAL OR ITS AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST,
FOSTER OR COOPERATE IN ANY SUCH COMMUNICATION.
(D) Independent expenditures [do] AND ELECTIONEERING COMMUNICATIONS
SHALL not include [expenditures in connection with]:
(i) a written news story, commentary, or editorial or a news story,
commentary, or editorial distributed through the facilities of any
broadcasting station, cable or satellite unless such publication or
facilities are owned or controlled by any political party, political
committee or candidate; or
(ii) a communication that constitutes a candidate debate or forum; or
(iii) internal communication by members to other members of a member-
ship organization of not more than five hundred members, for the purpose
of supporting or opposing a candidate or candidates for elective office,
provided such expenditures are not used for the costs of campaign mate-
rial or communications used in connection with broadcasting, telecast-
ing, newspapers, magazines, or other periodical publication, billboards,
or similar types of general public communications; or
(iv) internal communications by members to other members of a member-
ship organization of not more than five hundred members or communi-
cations by a corporation organized for charitable purposes pursuant to
S501(c)(3) of the internal revenue code, within sixty days before a
S. 7506 4
general or special election for the office sought by the candidate or
thirty days before a primary election, that includes or references a
clearly identified candidate but does not otherwise qualify as an inde-
pendent expenditure under this section.
(v) a communication published on the Internet, unless the communi-
cation is a paid advertisement.
[(c)] (E) For purposes of this section, the term "person" shall mean
person, group of persons, corporation, unincorporated business entity,
labor organization or business, trade or professional association or
organization, or political committee; provided, however, that such defi-
nition shall not include any party or constituted committee, that is
required to file disclosure reports under this chapter.
2. Whenever any person makes an independent expenditure that costs
more than one thousand dollars in the aggregate, such communication
shall clearly state the name of the person who paid for, or otherwise
published or distributed the communication and state, with respect to
communications regarding candidates, that the communication was not
expressly authorized or requested by any candidate, or by any candi-
date's political committee or any of its agents.
3. (a) Any person prior to making any independent expenditure shall
first register with the state board of elections as a political commit-
tee in conformance with this article. Such person shall comply with all
disclosure obligations required for political committees by law.
(b) Any person who has registered with the state board of elections
pursuant to paragraph (a) of this subdivision shall disclose to the
state board of elections electronically, once a week on Friday any
contribution to such person over one thousand dollars or expenditures by
such person over five thousand dollars made prior to thirty days before
any primary, general, or special election.
(c) Any person who has registered with the state board of elections
pursuant to paragraph (a) of this subdivision shall disclose to the
state board of elections electronically, within twenty-four hours of
receipt, any contribution to such person over one thousand dollars or
expenditure by such person over five thousand dollars made within thirty
days before any primary, general, or special election.
(D) ANY INDEPENDENT EXPENDITURE OR ELECTIONEERING COMMUNICATION MADE
AFTER THE CLOSE OF THE PERIOD TO BE COVERED IN THE LAST STATEMENT FILED
BEFORE ANY PRIMARY, GENERAL OR SPECIAL ELECTION, BUT BEFORE SUCH
ELECTION, SHALL BE REPORTED WITHIN TWENTY-FOUR HOURS IN THE SAME MANNER
AS PROVIDED FOR IN SUBDIVISION TWO OF SECTION 14-108 OF THIS TITLE.
[(d)] (E) A knowing and willful violation of the provisions of this
subdivision shall subject the person to a civil penalty equal to five
thousand dollars or the cost of the communication, whichever is greater,
in a special proceeding or civil action brought by the board or imposed
directly by the board of elections.
4. The disclosures required by subdivision three of this section shall
include, in addition to any other information required by law:
(a) the name, address, occupation and employer of the person making
the statement;
(b) the name, address, occupation and employer of the person making
the independent expenditure;
(c) the name, address, occupation and employer of any person providing
a contribution, gift, loan, advance or deposit of one thousand dollars
or more for the independent expenditure, or the provision of services
for the same, and the date it was given;
S. 7506 5
(d) the dollar amount paid for each independent expenditure OR ELECTI-
ONEERING COMMUNICATION, the name and address of the person or entity
receiving the payment, the date the payment was made and a description
of the independent expenditure; [and]
(e) the election to which the independent expenditure OR ELECTIONEER-
ING COMMUNICATION pertains and the name of the clearly identified candi-
date or the ballot proposal referenced[.];
(F) IF THE INDEPENDENT SPENDER MAKES INDEPENDENT EXPENDITURES OR ELEC-
TIONEERING COMMUNICATIONS USING EXCLUSIVELY FUNDS IN A SEGREGATED BANK
ACCOUNT CONSISTING OF FUNDS THAT WERE PAID DIRECTLY TO SUCH ACCOUNT BY
PERSONS OTHER THAN THE INDEPENDENT SPENDER THAT CONTROLS THE ACCOUNT,
FOR EACH SUCH PAYMENT TO THE ACCOUNT, THE AGGREGATE AMOUNT OF ALL SUCH
PAYMENTS MADE BY THE PERSON AFTER JANUARY FIRST OF THE YEAR IN WHICH THE
PRIMARY, GENERAL, OR SPECIAL ELECTION IS HELD FOR A BALLOT PROPOSAL OR
THE PUBLIC OFFICE SOUGHT; BUT ONLY IF SUCH PAYMENT WAS MADE BY A PERSON
WHO MADE PAYMENTS TO THE ACCOUNT IN AN AGGREGATE AMOUNT OF ONE THOUSAND
DOLLARS OR MORE AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY,
GENERAL, OR SPECIAL ELECTION IS HELD FOR A BALLOT PROPOSAL OR THE PUBLIC
OFFICE SOUGHT; AND
(G) IF THE INDEPENDENT SPENDER MAKES INDEPENDENT EXPENDITURES OR ELEC-
TIONEERING COMMUNICATIONS USING FUNDS OTHER THAN FUNDS IN A SEGREGATED
BANK ACCOUNT DESCRIBED IN PARAGRAPH (F) OF THIS SUBDIVISION, FOR EACH
PAYMENT TO THE INDEPENDENT SPENDER:
(I) THE NAME AND ADDRESS OF EACH PERSON WHO MADE SUCH PAYMENT DURING
THE PERIOD COVERED BY THE STATEMENT;
(II) THE DATE AND AMOUNT OF SUCH PAYMENT; AND
(III) THE AGGREGATE AMOUNT OF ALL SUCH PAYMENTS MADE BY THE PERSON
AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY, GENERAL, OR
SPECIAL ELECTION IS HELD FOR A BALLOT PROPOSAL OR THE PUBLIC OFFICE
SOUGHT; BUT ONLY IF SUCH PAYMENT WAS MADE BY A PERSON WHO MADE PAYMENTS
TO THE INDEPENDENT SPENDER IN AN AGGREGATE AMOUNT OF ONE THOUSAND
DOLLARS OR MORE AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY,
GENERAL, OR SPECIAL ELECTION IS HELD FOR A BALLOT PROPOSAL OR THE PUBLIC
OFFICE SOUGHT.
5. A copy of all political communications paid for by the independent
expenditure, including but not limited to broadcast, cable or satellite
schedules and scripts, advertisements, pamphlets, circulars, flyers,
brochures, letterheads and other printed matter and statements or infor-
mation conveyed to one thousand or more members of a general public
audience by computer or other electronic devices shall be filed with the
state board of elections with the statements required by this section.
6. ANY REPORT OF A LOAN THAT IS MADE FOR AN INDEPENDENT EXPENDITURE
SHALL INCLUDE WRITTEN EVIDENCE OF THE INDEBTEDNESS.
7. (A) WHEN AN INDEPENDENT SPENDER THAT IS AN ENTITY MAKING INDEPEND-
ENT EXPENDITURES OR ELECTIONEERING COMMUNICATIONS OF ONE HUNDRED DOLLARS
OR MORE AGGREGATING FIVE THOUSAND DOLLARS OR MORE IN THE TWELVE MONTHS
PRECEDING THE ELECTION FOR COMMUNICATIONS THAT REFER TO ANY SINGLE
CANDIDATE, IT IS REQUIRED TO REPORT:
(I) ALL CONTRIBUTIONS FROM OTHER ENTITIES SINCE THE FIRST DAY OF THE
CALENDAR YEAR PRECEDING THE YEAR OF THE ELECTION; AND
(II) ALL CONTRIBUTIONS AGGREGATING ONE THOUSAND DOLLARS OR MORE
ACCEPTED FROM AN INDIVIDUAL DURING THE TWELVE MONTHS PRECEDING THE
ELECTION.
(B) EACH CONTRIBUTION SHALL BE DISCLOSED IN THE REPORTING PERIOD IN
WHICH IT WAS RECEIVED. FOR EACH CONTRIBUTION, THE INDEPENDENT SPENDER
SHALL PROVIDE:
S. 7506 6
(I) FOR EACH CONTRIBUTION ACCEPTED FROM ANOTHER ENTITY, THE ENTITY'S
NAME, ADDRESS AND TYPE OF ORGANIZATION;
(II) FOR EACH CONTRIBUTION ACCEPTED FROM AN INDIVIDUAL, THE INDIVID-
UAL'S NAME AND ADDRESS; AND
(III) THE DATE OF RECEIPT AND AMOUNT OF EACH SUCH CONTRIBUTION.
(C) CONTRIBUTIONS THAT ARE EARMARKED FOR AN EXPLICITLY STATED NON-E-
LECTORAL PURPOSE ARE NOT REQUIRED TO BE REPORTED; PROVIDED, HOWEVER,
THAT RECORDS OF THESE CONTRIBUTIONS MUST BE MAINTAINED AND MAY BE
REQUESTED BY THE BOARD TO VERIFY THEIR QUALIFICATIONS FOR THIS
EXEMPTION.
8. Every statement required to be filed pursuant to this section shall
be filed electronically with the state board of elections.
[7.] 9. The state board of elections shall promulgate regulations with
respect to the statements required to be filed by this section and shall
provide forms suitable for such statements.
S 6. Subdivisions 1 and 3 of section 14-114 of the election law,
subdivision 1 as amended 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 and
subdivision 3 as amended by chapter 517 of the laws of 1986, 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, 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, exclud-
ing voters in inactive status, multiplied by $.005, but such amount
shall be not less than four thousand dollars nor more than twelve] TWO
thousand SIX HUNDRED 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] TWO
thousand SIX HUNDRED dollars [as increased or decreased by the cost of
living adjustment described in paragraph c of this subdivision];
provided however, THAT THE MAXIMUM AMOUNT CONTRIBUTED BY ANY CONTRIBUTOR
OR ACCEPTED BY ANY CANDIDATE OR POLITICAL COMMITTEE FOR BOTH A PRIMARY
AND A GENERAL ELECTION SHALL NOT EXCEED TWO THOUSAND SIX HUNDRED
DOLLARS; AND PROVIDED FURTHER that the maximum amount which may be so
contributed or accepted[, in the aggregate,] from any candidate's child,
parent, grandparent, brother [and] OR sister, [and] OR 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] TWO THOUSAND SIX HUNDRED DOLLARS. FOR THE PURPOSES
OF THIS SUBDIVISION, THE TERM "CHILD" SHALL INCLUDE PERSONS EIGHTEEN
YEARS OF AGE OR OLDER.
S. 7506 7
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] SHALL NOT
EXCEED: (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 candi-
date, excluding voters in inactive status, multiplied by $.05, OR TWO
THOUSAND SIX HUNDRED DOLLARS, 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,
OR TWO THOUSAND SIX HUNDRED DOLLARS, 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] TWO thousand SIX HUNDRED 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]
TWO thousand [two] SIX 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] TWO THOUSAND SIX 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] OR sister, [and] OR 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], TWO THOUSAND SIX
hundred [fifty] dollars, [whichever is greater,] or in the case of a
nomination or election of a state senator, [twenty] TWO thousand SIX
HUNDRED dollars, [whichever is greater,] or in the case of a nomination
or election of a member of the assembly [twelve] TWO thousand [five] SIX
hundred dollars[, whichever is greater, but in no event shall any such
maximum exceed one hundred thousand dollars]; PROVIDED, HOWEVER, THAT
THE MAXIMUM AMOUNT CONTRIBUTED BY ANY CONTRIBUTOR OR ACCEPTED BY ANY
CANDIDATE OR POLITICAL COMMITTEE FOR BOTH A PRIMARY AND A GENERAL
ELECTION SHALL NOT EXCEED TWO THOUSAND SIX HUNDRED DOLLARS; AND
PROVIDED, FURTHER THAT THE MAXIMUM AMOUNT WHICH MAY BE SO CONTRIBUTED OR
ACCEPTED FROM ANY CANDIDATE'S CHILD, PARENT, GRANDPARENT, BROTHER OR
SISTER, OR THE SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED TWO THOUSAND
SIX HUNDRED DOLLARS FOR THE NOMINATION AND ELECTION TO A PUBLIC OFFICE.
FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "CHILD" SHALL MEAN
PERSONS EIGHTEEN YEARS OF AGE OR OLDER.
S. 7506 8
[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.]
3. As used in this section the term "contributor" shall [not] include
a party committee supporting the candidate of such party or a consti-
tuted committee supporting the candidate of such party.
S 7. Subdivision 6 of section 14-114 of the election law is REPEALED.
S 8. Subdivision 10 of section 14-114 of the election law, as added by
chapter 79 of the laws of 1992, is amended to read as follows:
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] TEN
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 9. Subdivision 2 of section 14-116 of the election law, as amended
by chapter 260 of the laws of 1981, is amended to read as follows:
2. A. Notwithstanding [the provisions of subdivision one of this
section, any corporation or an organization financially supported in
whole or in part, by such corporation may make expenditures, including
contributions, not otherwise prohibited by law, for political purposes,
in an amount not to exceed five thousand dollars in the aggregate in any
calendar year; provided that no public utility shall use revenues
received from the rendition of public service within the state for
contributions for political purposes unless such cost is charged to the
shareholders of such a public service corporation] ANY OTHER PROVISION
OF LAW TO THE CONTRARY, NO CONTRIBUTION, LOAN, LOAN GUARANTEE OR OTHER
SECURITY FOR SUCH A LOAN FROM ANY CORPORATION, LIMITED LIABILITY COMPA-
NY, LIMITED LIABILITY PARTNERSHIP OR PARTNERSHIP, OTHER THAN IN THE
REGULAR COURSE OF THE LENDER'S BUSINESS, MAY BE ACCEPTED BY A CANDIDATE
OR A POLITICAL COMMITTEE, OTHER THAN A CORPORATION, LIMITED LIABILITY
COMPANY, LIMITED LIABILITY PARTNERSHIP OR PARTNERSHIP THAT IS A POLI-
TICAL COMMITTEE, FOR ALL NOMINATIONS TO ANY OFFICE OR ELECTION TO ANY
OFFICE.
B. A LOAN MADE TO A CANDIDATE OR POLITICAL COMMITTEE, OTHER THAN A
CONSTITUTED COMMITTEE, BY ANY PERSON, FIRM OR ASSOCIATION SHALL BE
S. 7506 9
REPAID BY THE DATE OF THE PRIMARY, SPECIAL OR GENERAL ELECTION, AS THE
CASE MAY BE, OR SUCH LOAN SHALL BE CONSIDERED A CONTRIBUTION BY SUCH
PERSON, FIRM OR ASSOCIATION INCLUDING ANY PERSON ENDORSING, COSIGNING,
GUARANTEEING, COLLATERALIZING OR OTHER PROVIDING SECURITY FOR THE LOAN.
S 10. Subdivision 3 of section 14-124 of the election law is REPEALED.
S 11. 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 BE
CREATED, OPERATED, MAINTAINED AND UPDATED BY THE STATE COMPTROLLER IN A
MANNER SO AS TO ENSURE ITS REASONABLE ACCURACY AND COMPLETENESS;
PROVIDED, HOWEVER, 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 CHAIRMAN OF THE
CAMPAIGN FINANCE BOARD THAT SUCH DATABASE FULFILLS THE REQUIREMENTS OF
THIS SECTION. EVERY STATE AGENCY OR AUTHORITY OF THE STATE INCLUDING ANY
ENTITY AFFILIATED THERETO SHALL PROVIDE THE COMPTROLLER WITH SUCH INFOR-
MATION AS IS 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
S. 7506 10
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 CAMPAIGN FINANCE BOARD DETERMINES THAT ANY CONTRIBUTION TO A
CANDIDATE OR TO THE POLITICAL COMMITTEE OF SUCH CANDIDATE VIOLATES THE
PROVISIONS OF THIS SECTION, THE CAMPAIGN FINANCE BOARD SHALL NOTIFY SUCH
CANDIDATE WITHIN 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 CANDIDATE OR THE POLITICAL COMMITTEE OF SUCH CANDIDATE IS UNABLE TO
RETURN SUCH CONTRIBUTION, SUCH MONIES SHALL BE PAID TO THE CAMPAIGN
FINANCE BOARD FOR PAYMENT INTO THE NEW YORK STATE CAMPAIGN FINANCE FUND
PURSUANT TO SECTION NINETY-NINE-Z OF THE STATE FINANCE LAW.
E. THE STATE COMPTROLLER AND THE CHAIRMAN OF THE CAMPAIGN FINANCE
BOARD SHALL PROMULGATE SUCH RULES AND REGULATIONS AS THE COMPTROLLER AND
THE CHAIRMAN DEEM NECESSARY FOR THE ADMINISTRATION OF THIS SECTION.
S 12. The article heading of article 14 of the election law is amended
to read as follows:
CAMPAIGN [RECEIPTS AND EXPENDITURES] FINANCE
S 13. Sections 14-100 through 14-130 of article 14 of the election law
are designated title 1 and a new title heading is added to read as
follows:
CAMPAIGN RECEIPTS AND EXPENDITURES
S 14. Article 14 of the election law is amended by adding a new title
2 to read as follows:
TITLE II
MATCHING FINANCING
SECTION 14-200. APPLICABILITY AND DEFINITIONS.
14-202. REPORTING REQUIREMENTS.
14-204. CONTRIBUTION AND RECEIPT LIMITATIONS.
14-206. PROOF OF COMPLIANCE.
14-208. ELIGIBILITY.
14-212. PAYMENT OF MATCHING FUNDS.
14-214. USE OF MATCHING FUNDS; QUALIFIED CAMPAIGN EXPENDITURES.
14-216. CAMPAIGN FINANCE BOARD; GENERAL POWERS AND DUTIES.
14-218. AUDITS AND REPAYMENTS.
14-220. CIVIL ENFORCEMENT.
14-222. CRIMINAL PENALTIES.
14-224. REPORTS.
14-226. DEBATES.
14-228. DISTRIBUTIONS FROM CAMPAIGN FINANCE FUND.
S 14-200. APPLICABILITY AND DEFINITIONS. THIS TITLE SHALL APPLY EXCLU-
SIVELY TO THE FINANCING OF CAMPAIGNS OF CANDIDATES FOR THE NOMINATION
FOR ELECTION, AND FOR ELECTION TO, THE OFFICES OF GOVERNOR, LIEUTENANT
GOVERNOR, STATE COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE ASSEMBLY,
STATE SENATOR AND DELEGATE TO A CONSTITUTIONAL CONVENTION. FOR PURPOSES
OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "AUTHORIZED COMMITTEE" MEANS A POLITICAL COMMITTEE DESIGNATED BY A
CANDIDATE PURSUANT TO SECTION 14-202 OF THIS TITLE TO RECEIVE CONTRIB-
UTIONS AND MAKE EXPENDITURES IN SUPPORT OF SUCH CANDIDATE'S CAMPAIGN. NO
S. 7506 11
MORE THAN ONE AUTHORIZED COMMITTEE MAY BE DESIGNATED BY A CANDIDATE IN
ANY ELECTION CYCLE.
2. "BOARD" OR "CAMPAIGN FINANCE BOARD" MEANS THE BOARD CREATED BY
SECTION 14-216 OF THIS TITLE TO ADMINISTER THE CAMPAIGN FINANCE FUND.
3. "CANDIDATE" MEANS ANY CANDIDATE FOR NOMINATION FOR ELECTION, OR FOR
ELECTION TO, THE OFFICES OF GOVERNOR, LIEUTENANT GOVERNOR, STATE COMP-
TROLLER, ATTORNEY GENERAL, MEMBER OF THE ASSEMBLY, STATE SENATOR AND
DELEGATE TO A CONSTITUTIONAL CONVENTION WHETHER SUCH CANDIDATE IS A
"PARTICIPATING CANDIDATE" OR "NONPARTICIPATING CANDIDATE" AS DEFINED IN
THIS SECTION.
4. "CONTRIBUTION" MEANS:
(A) ANY GIFT, SUBSCRIPTION, OUTSTANDING LOAN (TO THE EXTENT PROVIDED
FOR IN SECTION 14-114 OF THIS ARTICLE), ADVANCE, OR DEPOSIT OF MONEY OR
ANYTHING OF VALUE, MADE IN CONNECTION WITH THE NOMINATION FOR ELECTION,
OR ELECTION, OF ANY CANDIDATE, OR MADE TO PROMOTE THE SUCCESS OR DEFEAT
OF A POLITICAL PARTY OR PRINCIPLE, OR OF ANY BALLOT PROPOSAL;
(B) ANY PAYMENT, BY ANY PERSON OTHER THAN A CANDIDATE OR AN AUTHORIZED
COMMITTEE, MADE IN CONNECTION WITH THE NOMINATION FOR ELECTION OR
ELECTION OF ANY CANDIDATE, OR ANY PAYMENT MADE TO PROMOTE THE SUCCESS OR
DEFEAT OF A POLITICAL PARTY OR PRINCIPLE, OR OF ANY BALLOT PROPOSAL
INCLUDING BUT NOT LIMITED TO COMPENSATION FOR THE PERSONAL SERVICES OF
ANY INDIVIDUAL WHICH ARE RENDERED IN CONNECTION WITH A CANDIDATE'S
ELECTION OR NOMINATION WITHOUT CHARGE; PROVIDED HOWEVER, THAT NONE OF
THE FOREGOING SHALL BE DEEMED A CONTRIBUTION IF IT IS MADE, TAKEN OR
PERFORMED BY A CANDIDATE OR HIS OR HER SPOUSE OR BY A PERSON OR A POLI-
TICAL COMMITTEE INDEPENDENT OF THE CANDIDATE OR HIS OR HER AGENTS OR
POLITICAL COMMITTEES. FOR PURPOSES OF THIS TITLE, THE TERM "INDEPENDENT
OF THE CANDIDATE OR HIS OR HER AGENTS OR POLITICAL COMMITTEES" SHALL
MEAN THAT THE CANDIDATE OR HIS OR HER AGENTS OR POLITICAL COMMITTEE DID
NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN ANY SUCH ACTIV-
ITY; AND PROVIDED FURTHER, THAT THE TERM CONTRIBUTION SHALL NOT INCLUDE:
(I) THE VALUE OF SERVICES PROVIDED WITHOUT COMPENSATION BY INDIVIDUALS
WHO VOLUNTEER A PORTION OR ALL OF THEIR TIME ON BEHALF OF A CANDIDATE OR
POLITICAL COMMITTEE;
(II) THE USE OF REAL OR PERSONAL PROPERTY AND THE COST OF INVITATIONS,
FOOD AND BEVERAGES VOLUNTARILY PROVIDED BY AN INDIVIDUAL TO A CANDIDATE
OR POLITICAL COMMITTEE ON THE INDIVIDUAL'S RESIDENTIAL PREMISES FOR
CANDIDATE-RELATED ACTIVITIES TO THE EXTENT SUCH SERVICES DO NOT EXCEED
FIVE HUNDRED DOLLARS IN VALUE;
(III) THE TRAVEL EXPENSES OF ANY INDIVIDUAL WHO ON HIS OR HER OWN
BEHALF VOLUNTEERS HIS OR HER PERSONAL SERVICES TO ANY CANDIDATE OR POLI-
TICAL COMMITTEE TO THE EXTENT SUCH EXPENSES ARE UNREIMBURSED AND DO NOT
EXCEED FIVE HUNDRED DOLLARS IN VALUE; AND
(IV) EXPENDITURES BY A BONA FIDE MEMBERSHIP ORGANIZATION IN SUPPORT OF
THE FOLLOWING ACTIVITIES BY MEMBERS OF THE ORGANIZATION WHO ARE VOLUN-
TEERING THEIR TIME ON BEHALF OF A CANDIDATE, NOT TO EXCEED TWENTY-FIVE
DOLLARS PER MEMBER WHO VOLUNTEER FOR: (1) TRANSPORTATION OF VOLUNTEERS
TO AND FROM CAMPAIGN ACTIVITIES; (2) COST OF FEEDING VOLUNTEERS WHILE
VOLUNTEERING FOR THE CAMPAIGN; AND (3) MATERIALS SUCH AS BADGES AND
CLOTHING THAT IDENTIFIES THE NAME OF THE ORGANIZATION OR CANDIDATE; AND
(C) ANY FUNDS RECEIVED BY A POLITICAL COMMITTEE FROM ANOTHER POLITICAL
COMMITTEE TO THE EXTENT SUCH FUNDS DO NOT CONSTITUTE A TRANSFER.
5. "CONTRIBUTOR" MEANS AN ENTITY, INCLUDING, BUT NOT LIMITED TO,
NATURAL PERSONS, ASSOCIATIONS AND BONA FIDE MEMBERSHIP ORGANIZATIONS,
THAT MAKES A CONTRIBUTION, AS DEFINED IN SUBDIVISION FOUR OF THIS
SECTION AND PURSUANT TO SECTION 14-116 OF THIS ARTICLE.
S. 7506 12
6. "COVERED ELECTION" MEANS ANY PRIMARY ELECTION FOR NOMINATION,
SPECIAL OR GENERAL ELECTION FOR ELECTION, TO THE OFFICES OF GOVERNOR,
LIEUTENANT GOVERNOR, STATE COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE
ASSEMBLY, STATE SENATOR AND DELEGATE TO A CONSTITUTIONAL CONVENTION.
7. "ELECTION CYCLE" MEANS (A) THE FOUR YEAR PERIOD STARTING THE DAY
AFTER THE GENERAL ELECTION AND ENDING ON THE DAY OF THE NEXT SUCCEEDING
GENERAL ELECTION FOR THE OFFICES OF GOVERNOR, LIEUTENANT GOVERNOR, STATE
COMPTROLLER AND ATTORNEY GENERAL, (B) THE TWO YEAR PERIOD STARTING THE
DAY AFTER THE GENERAL ELECTION AND ENDING ON THE DATE OF THE NEXT
SUCCEEDING GENERAL ELECTION FOR CANDIDATES FOR THE OFFICES OF STATE
SENATOR AND MEMBER OF THE ASSEMBLY, AND (C) SIX MONTHS PRIOR TO ANY
SPECIAL ELECTION ENDING ON THE DAY AFTER SUCH SPECIAL ELECTION.
8. "EXPENDITURE" MEANS ANY GIFT, SUBSCRIPTION, ADVANCE, PAYMENT, OR
DEPOSIT OF MONEY OR ANYTHING OF VALUE, OR A CONTRACT TO MAKE ANY GIFT,
SUBSCRIPTION, PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF VALUE, MADE IN
CONNECTION WITH THE NOMINATION FOR ELECTION, OR ELECTION, OF ANY CANDI-
DATE. EXPENDITURES MADE BY CONTRACT ARE DEEMED MADE WHEN SUCH FUNDS ARE
OBLIGATED.
9. "FUND" MEANS THE CAMPAIGN FINANCE FUND CREATED BY SECTION
NINETY-NINE-Z OF THE STATE FINANCE LAW.
10. "FAMILY OR HOUSEHOLD MEMBERS" MEAN THE FOLLOWING INDIVIDUALS:
(A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
(B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
(C) PERSONS FORMERLY MARRIED TO ONE ANOTHER REGARDLESS OF WHETHER THEY
STILL RESIDE IN THE SAME HOUSEHOLD;
(D) PERSONS WHO HAVE A CHILD IN COMMON REGARDLESS OF WHETHER SUCH
PERSONS ARE MARRIED OR HAVE LIVED TOGETHER AT ANY TIME; OR
(E) PERSONS WHO ARE NOT RELATED BY CONSANGUINITY OR AFFINITY AND WHO
ARE OR HAVE BEEN IN AN INTIMATE RELATIONSHIP REGARDLESS OF WHETHER SUCH
PERSONS HAVE LIVED TOGETHER AT ANY TIME.
11. "ITEM WITH SIGNIFICANT VALUE" MEANS ANY ITEM, INCLUDING ANY ITEM
VALUED AT TWENTY-FIVE DOLLARS OR MORE.
12. "LEGISLATIVE LEADER" MEANS ANY OF THE FOLLOWING: THE TEMPORARY
PRESIDENT OF THE SENATE; THE SPEAKER OF THE ASSEMBLY; THE MINORITY LEAD-
ER OF THE SENATE; OR THE MINORITY LEADER OF THE ASSEMBLY.
13. "MATCHABLE CONTRIBUTION" MEANS A CONTRIBUTION, CONTRIBUTIONS OR
SUCH PORTION OF A CONTRIBUTION OR CONTRIBUTIONS MADE BY A NATURAL PERSON
RESIDING IN THE STATE OF NEW YORK AT THE TIME OF SUCH CONTRIBUTION, WITH
A VALUE NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS, TO A PARTICIPATING
CANDIDATE FOR ANY PRIMARY AND A CONTRIBUTION, CONTRIBUTIONS OR SUCH
PORTION OF A CONTRIBUTION OR CONTRIBUTIONS MADE BY A NATURAL PERSON
RESIDING IN THE STATE OF NEW YORK AT THE TIME OF SUCH CONTRIBUTION WITH
A VALUE NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS TO A PARTICIPATING
CANDIDATE FOR A GENERAL ELECTION HELD IN THE SAME ELECTION CYCLE OR TO A
PARTICIPATING CANDIDATE IN A SPECIAL ELECTION THAT HAS BEEN REPORTED IN
FULL TO THE STATE BOARD OF ELECTIONS IN ACCORDANCE WITH SECTIONS 14-102,
14-104 AND 14-108 OF THIS ARTICLE BY THE CANDIDATE'S AUTHORIZED COMMIT-
TEE AND HAS BEEN CONTRIBUTED ON OR BEFORE THE DATE OF THE APPLICABLE
PRIMARY OR GENERAL OR SPECIAL ELECTION IN ANY ELECTION CYCLE. ANY
CONTRIBUTION, CONTRIBUTIONS, OR SUCH PORTION OF A CONTRIBUTION OR
CONTRIBUTIONS DETERMINED TO BE INVALID FOR MATCHING FUNDS BY THE
CAMPAIGN FINANCE BOARD PURSUANT TO THE PROVISIONS OF THIS TITLE MAY NOT
BE TREATED AS A MATCHABLE CONTRIBUTION. IN ADDITION, THE FOLLOWING
CONTRIBUTIONS ARE NOT MATCHABLE: (A) LOANS; (B) IN-KIND CONTRIBUTIONS OF
PROPERTY, GOODS, OR SERVICES; (C) CONTRIBUTIONS IN THE FORM OF THE
PURCHASE PRICE PAID FOR AN ITEM WITH SIGNIFICANT VALUE; (D) ANONYMOUS
S. 7506 13
CONTRIBUTIONS OR CONTRIBUTIONS WHOSE SOURCE IS NOT ITEMIZED AS REQUIRED
BY SECTION 14-202 OF THIS TITLE; (E) CONTRIBUTIONS RECEIVED DURING A
PREVIOUS ELECTION CYCLE; (F) ILLEGAL CONTRIBUTIONS; AND (G) CONTRIB-
UTIONS FROM INDIVIDUALS UNDER THE AGE OF EIGHTEEN YEARS AT THE TIME THE
CONTRIBUTION IS MADE.
14. "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR THE OFFICE
OF GOVERNOR, LIEUTENANT GOVERNOR, STATE COMPTROLLER, ATTORNEY GENERAL,
MEMBER OF THE ASSEMBLY, STATE SENATOR OR DELEGATE TO A CONSTITUTIONAL
CONVENTION FOR A COVERED ELECTION WHO FAILS TO FILE A WRITTEN CERTIF-
ICATION IN THE FORM OF AN AFFIDAVIT PURSUANT TO SECTION 14-208 OF THIS
TITLE.
15. "PARTICIPATING CANDIDATE" SHALL MEAN ANY CANDIDATE FOR NOMINATION
FOR ELECTION, OR ELECTION, TO THE OFFICES OF GOVERNOR, LIEUTENANT GOVER-
NOR, STATE COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE ASSEMBLY, STATE
SENATOR AND DELEGATE TO A CONSTITUTIONAL CONVENTION WHO FILES A WRITTEN
CERTIFICATION IN THE FORM OF AN AFFIDAVIT PURSUANT TO SECTION 14-208 OF
THIS TITLE.
16. "POLITICAL COMMITTEE" MEANS A COMMITTEE AS DEFINED IN SECTION
14-100 OF THIS ARTICLE.
17. "MATCHING FUNDS" MEANS MONIES PAID FROM THE CAMPAIGN FINANCE FUND
TO THE AUTHORIZED COMMITTEE OF PARTICIPATING CANDIDATES PURSUANT TO THIS
TITLE.
18. "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE FOR
WHICH MATCHING FUNDS MAY BE USED.
19. "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 MATCHING FUNDS UNDER
THIS ARTICLE.
20. "TRANSFER" SHALL MEAN ANY EXCHANGE OF FUNDS OR ANY THING OF VALUE
BETWEEN POLITICAL COMMITTEES AUTHORIZED BY THE SAME CANDIDATE TAKING
PART SOLELY IN HIS OR HER CAMPAIGN.
S 14-202. REPORTING REQUIREMENTS. 1. EVERY PARTICIPATING CANDIDATE
SHALL DESIGNATE ONLY ONE AUTHORIZED COMMITTEE TO BE ELIGIBLE TO RECEIVE
CONTRIBUTIONS OF MATCHING FUNDS. BEFORE RECEIVING ANY SUCH CONTRIBUTION
OR MAKING ANY EXPENDITURE THEREFROM FOR A COVERED ELECTION, EACH PARTIC-
IPATING CANDIDATE SHALL NOTIFY THE STATE BOARD OF ELECTIONS AND THE
CAMPAIGN FINANCE BOARD AS TO THE EXISTENCE OF HIS OR HER ELIGIBLE
AUTHORIZED COMMITTEE THAT HAS BEEN DESIGNATED AND APPROVED BY SUCH
CANDIDATE. SUCH AUTHORIZED COMMITTEE SHALL, BEFORE RECEIVING ANY
CONTRIBUTION OR MAKING ANY EXPENDITURE FOR A COVERED ELECTION: (A)
DESIGNATE A TREASURER; (B) OBTAIN A TAX IDENTIFICATION NUMBER FROM THE
INTERNAL REVENUE SERVICE; AND (C) SUBMIT TO THE STATE BOARD OF
ELECTIONS, EITHER IN WRITING OR ELECTRONICALLY, THE IDENTIFICATION
NUMBER OF THE COMMITTEE DESIGNATED TO BE ELIGIBLE TO RECEIVE MATCHING
FUNDS.
2. DISCLOSURE. (A) EVERY PARTICIPATING CANDIDATE SHALL SUBMIT SUCH
REPORTS TO THE STATE BOARD OF ELECTIONS AS REQUIRED BY TITLE ONE OF THIS
ARTICLE. COPIES OF SUCH REPORTS SHALL ALSO BE SUBMITTED TO THE CAMPAIGN
FINANCE BOARD CREATED PURSUANT TO THIS ARTICLE AT THE SAME TIME SUCH
REPORTS ARE SUBMITTED TO THE STATE BOARD OF ELECTIONS.
(B) THE CAMPAIGN FINANCE BOARD SHALL REVIEW EACH DISCLOSURE REPORT
FILED WITH THE STATE BOARD OF ELECTIONS PURSUANT TO TITLE ONE OF THIS
ARTICLE AND SHALL INFORM PARTICIPATING CANDIDATES AND POLITICAL COMMIT-
TEES INCLUDING THE AUTHORIZED COMMITTEE, OF RELEVANT QUESTIONS THE BOARD
HAS CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS OF THIS TITLE AND OF
THE RULES ISSUED BY THE BOARD; AND (II) QUALIFICATIONS FOR RECEIVING
S. 7506 14
PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. IN THE COURSE OF SUCH
REVIEW, THE BOARD SHALL GIVE CANDIDATES AND POLITICAL COMMITTEES INCLUD-
ING THE AUTHORIZED COMMITTEE, AN OPPORTUNITY TO RESPOND TO AND CORRECT
POTENTIAL VIOLATIONS AND GIVE CANDIDATES AN OPPORTUNITY TO ADDRESS QUES-
TIONS THE BOARD HAS CONCERNING THEIR MATCHABLE CONTRIBUTION CLAIMS OR
OTHER ISSUES CONCERNING ELIGIBILITY FOR RECEIVING MATCHING FUNDS PURSU-
ANT TO THIS TITLE. NOTHING IN THIS PARAGRAPH SHALL PRECLUDE THE BOARD
FROM SUBSEQUENTLY REVIEWING SUCH A DISCLOSURE REPORT AND TAKING ANY
ACTION OTHERWISE AUTHORIZED BY THIS TITLE.
(C) ONLY ITEMIZED CONTRIBUTIONS CONTAINED IN REPORTS FILED WITH THE
STATE BOARD OF ELECTIONS SHALL BE ELIGIBLE FOR MATCHING FUNDS PURSUANT
TO THIS TITLE.
S 14-204. CONTRIBUTION AND RECEIPT LIMITATIONS. 1. A PARTICIPATING
CANDIDATE AND HIS OR HER AUTHORIZED COMMITTEE SHALL NOT ACCEPT, EITHER
DIRECTLY OR INDIRECTLY:
(A) TOTAL CONTRIBUTIONS FROM ANY ONE CONTRIBUTOR THAT EXCEED TWO THOU-
SAND SIX HUNDRED DOLLARS IN ANY PRIMARY IN AN ELECTION CYCLE FOR THE
OFFICES OF GOVERNOR, LIEUTENANT GOVERNOR, STATE COMPTROLLER, ATTORNEY
GENERAL, MEMBER OF THE ASSEMBLY, STATE SENATOR AND DELEGATE TO A CONSTI-
TUTIONAL CONVENTION AND TWO THOUSAND SIX HUNDRED DOLLARS FOR A GENERAL
OR SPECIAL ELECTION IN AN ELECTION CYCLE FOR THE OFFICES OF GOVERNOR,
LIEUTENANT GOVERNOR, STATE COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE
ASSEMBLY, STATE SENATOR OR DELEGATE TO A CONSTITUTIONAL CONVENTION,
PROVIDED, HOWEVER, THAT NOT MORE THAN TWO THOUSAND SIX HUNDRED DOLLARS
MAY BE RECEIVED BY A CANDIDATE FROM A CONTRIBUTOR PER ELECTION CYCLE; OR
(B) ANY CONTRIBUTION FROM A POLITICAL COMMITTEE THAT HAS NOT REGIS-
TERED WITH THE STATE BOARD OF ELECTIONS OR HAS NOT REGISTERED WITH THE
APPROPRIATE ENTITY AS REQUIRED BY LAW.
2. ALL MONETARY CONTRIBUTIONS AND ALL MATCHING FUNDS ACCEPTED BY A
CANDIDATE'S AUTHORIZED COMMITTEE SHALL BE DEPOSITED INTO AN ACCOUNT WITH
A BANK LICENSED BY THE DEPARTMENT OF FINANCIAL SERVICES HELD IN THE NAME
OF THE AUTHORIZED POLITICAL COMMITTEE WITHIN TEN BUSINESS DAYS OF
RECEIPT. EACH AUTHORIZED COMMITTEE SHALL HAVE NO MORE THAN ONE CHECKING
ACCOUNT. MONETARY CONTRIBUTIONS, OTHER THAN MATCHING FUNDS, MAY BE
INVESTED IN ACCORDANCE WITH THE PROVISIONS OF LAW RELATING THERETO.
3. CONTRIBUTIONS TO CANDIDATES IN COVERED ELECTIONS SHALL, FOR EACH
ELECTION CYCLE, IN ALL OTHER RESPECTS, BE SUBJECT TO THE LIMITATIONS AND
PROVISIONS OF TITLE ONE OF THIS ARTICLE.
S 14-206. PROOF OF COMPLIANCE. CANDIDATES AND POLITICAL COMMITTEES
SHALL MAINTAIN SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR A COVERED
ELECTION AS MAY BE REQUIRED BY THE CAMPAIGN FINANCE BOARD. CANDIDATES
AND POLITICAL COMMITTEES SHALL OBTAIN AND FURNISH TO THE BOARD ANY
INFORMATION IT MAY REQUEST RELATING TO THE FINANCIAL TRANSACTIONS OR
CONTRIBUTIONS OF CANDIDATES AND POLITICAL COMMITTEES AND FURNISH SUCH
DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS TITLE AS MAY BE
REQUESTED BY THE BOARD. CANDIDATES AND POLITICAL COMMITTEES SHALL MAIN-
TAIN COPIES OF SUCH RECORDS FOR A PERIOD OF FIVE YEARS FOLLOWING A
GENERAL ELECTION.
S 14-208. ELIGIBILITY. 1. TO BE ELIGIBLE FOR MATCHING FUNDS PURSUANT
TO THIS TITLE, A CANDIDATE MUST: (A) BE A CANDIDATE FOR THE OFFICES OF
GOVERNOR, LIEUTENANT GOVERNOR, STATE COMPTROLLER, ATTORNEY GENERAL,
MEMBER OF THE ASSEMBLY, STATE SENATOR OR DELEGATE TO A CONSTITUTIONAL
CONVENTION IN A COVERED ELECTION; (B) SATISFY ALL THE REQUIREMENTS OF
LAW TO HAVE HIS OR HER NAME ON THE BALLOT; (C) IN THE CASE OF A COVERED
GENERAL ELECTION, BE OPPOSED BY ANOTHER CANDIDATE ON THE BALLOT WHO IS
NOT A WRITE-IN CANDIDATE; (D) SUBMIT A CERTIFICATION IN THE FORM OF AN
S. 7506 15
AFFIDAVIT, IN SUCH FORM AS MAY BE PRESCRIBED BY THE CAMPAIGN FINANCE
BOARD, THAT SETS FORTH HIS OR HER AGREEMENT TO COMPLY WITH THE TERMS AND
CONDITIONS FOR THE PROVISION OF SUCH FUNDS IN EACH COVERED ELECTION
WHICH SHALL BE FILED WITH SUCH BOARD NO LATER THAN JUNE FIRST OF AN
ELECTION YEAR; (E) BE CERTIFIED AS A PARTICIPATING CANDIDATE BY SUCH
BOARD NOT LATER THAN TWO WEEKS AFTER THE FILING OF SUCH AFFIDAVIT; (F)
NOT MAKE, AND NOT HAVE MADE, EXPENDITURES FROM, OR USE, HIS OR HER
PERSONAL FUNDS OR PROPERTY OR PERSONAL FUNDS OR PROPERTY JOINTLY HELD
WITH HIS OR HER SPOUSE, DOMESTIC PARTNER, OR CHILD IN CONNECTION WITH
HIS OR HER NOMINATION FOR ELECTION OR ELECTION TO A COVERED OFFICE
EXCEPT AS A CONTRIBUTION TO HIS OR HER AUTHORIZED COMMITTEE IN AN AMOUNT
THAT EXCEEDS THE APPLICABLE CONTRIBUTION LIMIT OF AN INDIVIDUAL CONTRIB-
UTOR TO CANDIDATES FOR THE OFFICE THAT HE OR SHE IS SEEKING; (G) MEET
THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION TWO OF THIS
SECTION; AND (H) ABIDE BY THE REQUIREMENTS SET FORTH IN THIS TITLE AND
CHAPTER DURING THE POST-ELECTION PERIOD.
2. THE THRESHOLD FOR ELIGIBILITY FOR MATCHING FUNDS FOR CANDIDATES IN
A PRIMARY, GENERAL OR SPECIAL ELECTION FOR THE FOLLOWING OFFICES SHALL
BE:
(A) GOVERNOR IN A PRIMARY OR GENERAL ELECTION. THE RECEIPT OF NOT LESS
THAN SIX HUNDRED FIFTY THOUSAND DOLLARS FROM AT LEAST SIX THOUSAND FIVE
HUNDRED MATCHABLE CONTRIBUTIONS IN SINGLE AMOUNTS OF NO MORE THAN TWO
HUNDRED FIFTY DOLLARS FROM NATURAL PERSONS RESIDING IN THE STATE;
(B) LIEUTENANT GOVERNOR IN A PRIMARY ELECTION AND STATE COMPTROLLER OR
ATTORNEY GENERAL IN A PRIMARY OR GENERAL ELECTION. THE RECEIPT OF NOT
LESS THAN TWO HUNDRED THOUSAND DOLLARS FROM AT LEAST TWO THOUSAND MATCH-
ABLE CONTRIBUTIONS IN SINGLE AMOUNTS OF NO MORE THAN TWO HUNDRED FIFTY
DOLLARS FROM NATURAL PERSONS RESIDING IN THE STATE;
(C) STATE SENATORS IN A PRIMARY, GENERAL OR SPECIAL ELECTION. THE
RECEIPT OF NOT LESS THAN TWENTY THOUSAND DOLLARS IN MATCHABLE CONTRIB-
UTIONS IN SINGLE AMOUNTS OF NO MORE THAN TWO HUNDRED FIFTY DOLLARS FROM
NATURAL PERSONS RESIDING IN THE STATE, INCLUDING AT LEAST TEN THOUSAND
DOLLARS FROM AT LEAST ONE HUNDRED CONTRIBUTORS WHO RESIDE IN THE SENATE
DISTRICT OR RESIDE IN ANY PORTION OF ANY COUNTY WHICH CONSTITUTES ANY
MEASURE OF THE DISTRICT IN WHICH THE SEAT IS TO BE FILLED;
(D) MEMBERS OF THE ASSEMBLY IN A PRIMARY, GENERAL OR SPECIAL ELECTION.
THE RECEIPT OF NOT LESS THAN TEN THOUSAND DOLLARS IN MATCHABLE CONTRIB-
UTIONS IN SINGLE AMOUNTS OF NO MORE THAN TWO HUNDRED FIFTY DOLLARS FROM
NATURAL PERSONS RESIDING IN THE STATE, INCLUDING AT LEAST FIVE THOUSAND
DOLLARS FROM AT LEAST FIFTY CONTRIBUTORS WHO RESIDE IN THE ASSEMBLY
DISTRICT OR RESIDE IN ANY PORTION OF ANY COUNTY WHICH CONSTITUTES ANY
MEASURE OF THE DISTRICT IN WHICH THE SEAT IS TO BE FILLED;
(E) AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION IN A PRIMARY OR A
GENERAL ELECTION. THE RECEIPT OF NOT LESS THAN TWENTY THOUSAND DOLLARS
IN MATCHABLE CONTRIBUTIONS IN SINGLE AMOUNTS OF NO MORE THAN TWO HUNDRED
FIFTY DOLLARS FROM NATURAL PERSONS RESIDING IN THE STATE; AND
(F) DISTRICT DELEGATE TO A CONSTITUTIONAL CONVENTION IN A PRIMARY OR
GENERAL ELECTION. THE RECEIPT OF NOT LESS THAN FIVE THOUSAND DOLLARS IN
AT LEAST FIFTY MATCHABLE CONTRIBUTIONS IN SINGLE AMOUNTS OF NO MORE THAN
TWO HUNDRED FIFTY DOLLARS FROM NATURAL PERSONS RESIDING IN THE DISTRICT
OR IN THE CONSTITUENT COUNTY OR RESIDING IN ANY PORTION OF ANY COUNTY
WHICH CONSTITUTES ANY MEASURE OF THE DISTRICT IN WHICH THE SEAT IS TO BE
FILLED.
3. (A) CANDIDATES WHO ARE CONTESTED IN A PRIMARY ELECTION AND WHO DO
NOT SEEK MATCHING FUNDS SHALL NOT BE ELIGIBLE FOR MATCHING FUNDS FOR THE
S. 7506 16
GENERAL ELECTION IN THAT YEAR. THE PROVISIONS OF THIS SUBDIVISION SHALL
NOT APPLY TO CANDIDATES FOR THE OFFICE OF LIEUTENANT GOVERNOR.
(B) CANDIDATES WHO ARE UNOPPOSED IN A GENERAL OR SPECIAL ELECTION
SHALL NOT BE ELIGIBLE TO RECEIVE MATCHING FUNDS.
(C) NO CANDIDATE FOR ELECTION TO AN OFFICE IN A PRIMARY, GENERAL OR
SPECIAL ELECTION WHO HAS ELECTED TO PARTICIPATE IN THE VOLUNTARY
CAMPAIGN FINANCING SYSTEM SHALL BE DEEMED OPPOSED AND BE ELIGIBLE FOR
MATCHING FUNDS UNLESS THERE IS AT LEAST ONE OTHER CANDIDATE, AS DEFINED
BY SUBDIVISION SEVEN OF SECTION 14-100 OF THIS ARTICLE FOR SUCH OFFICE
FOR SUCH ELECTION.
(D) ANY PARTICIPATING CANDIDATE MEETING THE THRESHOLD FOR ELIGIBILITY
IN A PRIMARY ELECTION SHALL BE DEEMED TO HAVE MET THE THRESHOLD FOR
ELIGIBILITY FOR SUCH OFFICE IN ANY OTHER ELECTION HELD IN THE SAME
ELECTION CYCLE.
(E) NO PARTICIPATING CANDIDATE FOR NOMINATION TO AN OFFICE WHO IS
UNOPPOSED IN A PRIMARY ELECTION SHALL BE ELIGIBLE FOR MATCHING FOR QUAL-
IFIED CAMPAIGN EXPENDITURES, PROVIDED, HOWEVER, THAT WHERE A CONTEST
OCCURS IN A PRIMARY FOR THE NOMINATION OF AT LEAST ONE OTHER PARTY FOR
OFFICE, THE AUTHORIZED COMMITTEE OF AN UNOPPOSED PARTICIPATING CANDIDATE
FOR NOMINATION MAY RAISE AND SPEND AN AMOUNT EQUAL TO ONE-HALF OF THE
MATCHING FUNDS RECEIPT LIMIT FOR SUCH OFFICE, AS FIXED BY THIS TITLE FOR
CANDIDATES WHO HAVE ELECTED TO ACCEPT MATCHING FUNDS, WITH CONTRIBUTIONS
OF UP TO TWO THOUSAND SIX HUNDRED DOLLARS PER CONTRIBUTOR PURSUANT TO
SECTION 14-204 OF THIS TITLE.
S 14-212. PAYMENT OF MATCHING FUNDS. 1. NO MATCHING FUNDS SHALL BE
PAID TO AN AUTHORIZED COMMITTEE UNLESS THE CAMPAIGN FINANCE BOARD DETER-
MINES THAT THE PARTICIPATING CANDIDATE HAS QUALIFIED PURSUANT TO THIS
TITLE. PAYMENT SHALL NOT EXCEED THE AMOUNTS SPECIFIED IN THIS SECTION
AND MAY BE MADE ONLY TO THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMIT-
TEE. NO MATCHING FUNDS SHALL BE USED EXCEPT TO REIMBURSE OR PAY FOR
QUALIFIED CAMPAIGN EXPENDITURES ACTUALLY AND LAWFULLY INCURRED OR TO
REPAY LOANS USED TO PAY QUALIFIED CAMPAIGN EXPENDITURES.
2. IF THE THRESHOLD FOR ELIGIBILITY IS MET, THE PARTICIPATING CANDI-
DATE'S AUTHORIZED COMMITTEE SHALL RECEIVE PAYMENT FOR QUALIFIED CAMPAIGN
EXPENDITURES OF SIX DOLLARS OF MATCHING FUNDS FOR EACH ONE DOLLAR OF
MATCHABLE CONTRIBUTIONS FOR A PRIMARY ELECTION AND SIX DOLLARS OF MATCH-
ING FUNDS FOR EACH ONE DOLLAR OF MATCHABLE CONTRIBUTIONS FOR A GENERAL
OR SPECIAL ELECTION FOR ALL MATCHABLE CONTRIBUTIONS RECEIVED AFTER JANU-
ARY FIRST OF THE YEAR IN WHICH SUCH PRIMARY OR GENERAL ELECTION TO BE
HELD AND REPORTED TO THE BOARD.
3. (A) MATCHING FUNDS RECEIVED BY PARTICIPATING CANDIDATES AND THEIR
AUTHORIZED COMMITTEES IN A PRIMARY ELECTION SHALL NOT EXCEED:
(I) THE SUM OF FIVE MILLION FIVE HUNDRED THOUSAND DOLLARS FOR THE
OFFICE OF GOVERNOR;
(II) THE SUM OF TWO MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS FOR
THE OFFICES OF LIEUTENANT GOVERNOR, STATE COMPTROLLER AND ATTORNEY
GENERAL;
(III) THE SUM OF EIGHT HUNDRED TWENTY-FIVE THOUSAND DOLLARS FOR THE
OFFICE OF STATE SENATOR;
(IV) THE SUM OF FOUR HUNDRED TWELVE THOUSAND FIVE HUNDRED DOLLARS FOR
THE OFFICE OF MEMBER OF THE ASSEMBLY;
(V) THE SUM OF ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS FOR AN
AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION; AND
(VI) THE SUM OF FIFTY THOUSAND DOLLARS FOR A DISTRICT DELEGATE TO A
CONSTITUTIONAL CONVENTION.
S. 7506 17
(B) MATCHING FUNDS RECEIVED BY PARTICIPATING CANDIDATES AND THEIR
AUTHORIZED COMMITTEES IN A GENERAL OR SPECIAL ELECTION SHALL NOT EXCEED:
(I) THE SUM OF EIGHT MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS FOR
THE OFFICES OF GOVERNOR AND LIEUTENANT GOVERNOR;
(II) THE SUM OF FOUR MILLION ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS
FOR THE OFFICES OF STATE COMPTROLLER AND ATTORNEY GENERAL;
(III) THE SUM OF EIGHT HUNDRED TWENTY-FIVE THOUSAND DOLLARS FOR THE
OFFICE OF STATE SENATOR;
(IV) THE SUM OF FOUR HUNDRED TWELVE THOUSAND FIVE HUNDRED DOLLARS FOR
THE OFFICE OF MEMBER OF THE ASSEMBLY;
(V) THE SUM OF ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS FOR AN
AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION; AND
(VI) THE SUM OF FIFTY THOUSAND DOLLARS FOR A DISTRICT DELEGATE TO A
CONSTITUTIONAL CONVENTION.
4. NO MATCHING FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN
A PRIMARY ELECTION ANY EARLIER THAN THE DAY THAT SUCH CANDIDATE IS
CERTIFIED AS BEING ON THE BALLOT FOR SUCH PRIMARY ELECTION.
5. NO MATCHING 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.
6. NO MATCHING FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN DECLARED
INVALID BY THE APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER
AUTHORITY. NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDI-
DATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON THE DATE OF SUCH
DISQUALIFICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY
PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE. ALL
SUCH MONEYS SHALL BE REPAID TO THE FUND.
7. THE COMMISSIONER OF TAXATION AND FINANCE SHALL MAKE ALL PAYMENTS OF
MATCHING FUNDS TO PARTICIPATING CANDIDATES AS SOON AS PRACTICABLE, BUT
NO LATER THAN FIVE DAYS AFTER SUBMISSION BY THE PARTICIPATING CANDIDATE
OF A CAMPAIGN CONTRIBUTION REPORT FILED WITH THE STATE BOARD OF
ELECTIONS IN COMPLIANCE WITH THIS ARTICLE. THE CAMPAIGN FINANCE BOARD
SHALL VERIFY ELIGIBILITY FOR AND AMOUNT OF MATCHING FUNDS WITHIN THREE
DAYS AFTER RECEIPT OF SUCH CONTRIBUTION REPORT. UPON DETERMINATION OF
ELIGIBILITY OF A PARTICIPATING CANDIDATE FOR MATCHING FUNDS AND OF
AMOUNT OF SUCH MATCHING FUNDS, THE CAMPAIGN FINANCE BOARD SHALL SUBMIT
WITHIN ONE DAY A DULY APPROVED, CERTIFIED AND EXECUTED VOUCHER TO THE
DEPARTMENT OF TAXATION AND FINANCE REQUESTING PAYMENT OF SUCH MATCHING
FUNDS AND PAYMENT THEREOF SHALL BE MADE TO THE PARTICIPATING CANDIDATE'S
AUTHORIZED COMMITTEE NOT LESS THAN ONE DAY AFTER SUCH VOUCHER IS
RECEIVED BY THE DEPARTMENT OF TAXATION AND FINANCE. IF ANY OF THE TIME
LIMITS IN THIS TITLE FOR PAYMENT FALL ON A WEEKEND OR HOLIDAY, PAYMENT
SHALL BE MADE ON THE NEXT BUSINESS DAY.
8. THE CAMPAIGN FINANCE BOARD AND THE DEPARTMENT OF TAXATION AND
FINANCE SHALL PROMULGATE RULES TO FACILITATE ELECTRONIC FUND TRANSFERS
DIRECTLY FROM THE FUND INTO AN AUTHORIZED COMMITTEE'S BANK ACCOUNT.
S 14-214. USE OF MATCHING FUNDS; QUALIFIED CAMPAIGN EXPENDITURES. 1.
MATCHING FUNDS PROVIDED UNDER THE PROVISIONS OF THIS TITLE MAY BE USED
ONLY BY AN AUTHORIZED COMMITTEE FOR EXPENDITURES TO FURTHER THE PARTIC-
IPATING CANDIDATE'S NOMINATION FOR ELECTION, OR ELECTION, INCLUDING
PAYMENT FOR DEBTS INCURRED WITHIN ONE YEAR BEFORE AN ELECTION TO FURTHER
THE PARTICIPATING CANDIDATE'S NOMINATION FOR ELECTION OR ELECTION.
2. SUCH MATCHING FUNDS MAY NOT BE USED FOR: (A) AN EXPENDITURE THAT
VIOLATES ANY LAW OR REGULATION; (B) AN EXPENDITURE IN EXCESS OF THE FAIR
S. 7506 18
MARKET VALUE OF SERVICES, MATERIALS, FACILITIES OR OTHER ITEM OF SIGNIF-
ICANT VALUE RECEIVED IN EXCHANGE; (C) AN EXPENDITURE MADE AFTER THE
CANDIDATE HAS BEEN FINALLY DISQUALIFIED FROM THE BALLOT; (D) AN EXPENDI-
TURE FOR AN OBLIGATION INCURRED AFTER THE ONLY REMAINING OPPONENT OF THE
CANDIDATE HAS BEEN FINALLY DISQUALIFIED FROM THE BALLOT; (E) AN EXPENDI-
TURE MADE BY CASH PAYMENT; (F) A CONTRIBUTION OR LOAN MADE TO ANOTHER
CANDIDATE OR POLITICAL COMMITTEE; (G) AN EXPENDITURE TO SUPPORT OR
OPPOSE ANOTHER CANDIDATE OR POLITICAL COMMITTEE; (H) GIFTS, EXCEPT
BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED CAMPAIGN MATERIAL; (I) LEGAL
FEES TO DEFEND AGAINST A CRIMINAL CHARGE; OR (J) A PAYMENT TO AN IMMEDI-
ATE FAMILY MEMBER OF THE PARTICIPATING CANDIDATE.
S 14-216. CAMPAIGN FINANCE BOARD; GENERAL POWERS AND DUTIES. 1. THERE
SHALL BE A BOARD WITHIN THE STATE BOARD OF ELECTIONS KNOWN AS THE
"CAMPAIGN FINANCE BOARD" COMPOSED OF SEVEN MEMBERS, OF WHICH ONE MEMBER,
WHO SHALL BE THE CHAIRPERSON, SHALL BE APPOINTED BY THE GOVERNOR WITH
THE ADVICE AND CONSENT OF THE SENATE, ONE MEMBER SHALL BE APPOINTED BY
THE STATE COMPTROLLER, ONE MEMBER SHALL BE APPOINTED BY THE ATTORNEY
GENERAL, 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 MINORITY LEADER OF THE SENATE AND
ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.
NO MEMBER OF THE CAMPAIGN FINANCE BOARD SHALL HOLD ELECTIVE OFFICE, NOR
SHALL ANY MEMBER BE A LOBBYIST AS DEFINED IN SUBDIVISION (A) OF SECTION
ONE-C OF THE LEGISLATIVE LAW. THE MEMBERS SHALL FIRST BE APPOINTED TO
SERVE AS FOLLOWS: (A) TWO MEMBERS, ONE APPOINTED BY THE TEMPORARY PRESI-
DENT OF THE SENATE AND ONE APPOINTED BY THE MINORITY LEADER OF THE
ASSEMBLY FOR A TERM OF TWO YEARS, (B) TWO MEMBERS, ONE APPOINTED BY THE
TEMPORARY PRESIDENT OF THE SENATE AND ONE APPOINTED BY THE SPEAKER OF
THE ASSEMBLY FOR A TERM OF THREE YEARS, (C) ONE MEMBER APPOINTED BY THE
ATTORNEY GENERAL FOR A TERM OF FOUR YEARS, (D) ONE MEMBER APPOINTED BY
THE COMPTROLLER FOR A TERM OF FIVE YEARS AND (E) THE CHAIRPERSON SHALL
SERVE FOR A TERM OF SIX YEARS. MEMBERS APPOINTED THEREAFTER SHALL BE
APPOINTED FOR TERMS OF SIX YEARS.
2. EACH INITIAL MEMBER'S TERM SHALL COMMENCE ON JANUARY FIRST, TWO
THOUSAND SEVENTEEN. IN CASE OF A VACANCY IN THE OFFICE OF A MEMBER, A
MEMBER SHALL BE APPOINTED ACCORDING TO THE ORIGINAL MANNER OF APPOINT-
MENT. EACH MEMBER SHALL BE A RESIDENT OF THE STATE OF NEW YORK AND
REGISTERED TO VOTE THEREIN. EACH MEMBER SHALL AGREE NOT TO MAKE AND
SHALL NOT MAKE CONTRIBUTIONS TO ANY CANDIDATE OR AUTHORIZED COMMITTEE
FOR NOMINATION FOR ELECTION OR FOR ELECTION TO THE OFFICES OF GOVERNOR,
LIEUTENANT GOVERNOR, STATE COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE
ASSEMBLY, STATE SENATOR AND DELEGATE TO A CONSTITUTIONAL CONVENTION. NO
MEMBER SHALL SERVE AS AN OFFICER OF A POLITICAL PARTY OR COMMITTEE OR BE
A CANDIDATE OR PARTICIPATE IN ANY CAPACITY IN A CAMPAIGN BY A CANDIDATE
FOR NOMINATION FOR ELECTION, OR FOR ELECTION TO THE OFFICES OF GOVERNOR,
LIEUTENANT GOVERNOR, STATE COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE
ASSEMBLY, STATE SENATOR AND DELEGATE TO A CONSTITUTIONAL CONVENTION. AN
OFFICER OR EMPLOYEE OF THE STATE OR ANY STATE AGENCY SHALL NOT BE ELIGI-
BLE TO BE A MEMBER OF THE CAMPAIGN FINANCE BOARD.
3. THE MEMBERS OF THE CAMPAIGN FINANCE BOARD SHALL BE ENTITLED TO
RECEIVE PAYMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE
PERFORMANCE OF THEIR DUTIES AS MEMBERS OF SUCH BOARD.
4. A MEMBER OF THE CAMPAIGN FINANCE BOARD MAY BE REMOVED BY HIS OR HER
APPOINTING AUTHORITY SOLELY FOR SUBSTANTIAL NEGLECT OF DUTY, GROSS
MISCONDUCT IN OFFICE, INABILITY TO DISCHARGE THE POWERS OR DUTIES OF THE
OFFICE, OR VIOLATION OF THE PROVISIONS OF THIS CHAPTER, AFTER WRITTEN
S. 7506 19
NOTICE AND OPPORTUNITY FOR A PUBLIC HEARING PURSUANT TO RULES DEVELOPED
BY THE CAMPAIGN FINANCE BOARD.
5. THE CAMPAIGN FINANCE BOARD MAY EMPLOY OR SHALL UTILIZE EXISTING
STAFF OF THE STATE BOARD OF ELECTIONS AS MAY BE NECESSARY, INCLUDING AN
EXECUTIVE DIRECTOR AND A COUNSEL, AND MAKE NECESSARY EXPENDITURES
SUBJECT TO APPROPRIATION. THE CAMPAIGN FINANCE BOARD SHALL RETAIN AN
INDEPENDENT AUDITOR TO PERFORM ONGOING AUDITS OF EACH COVERED ELECTION
BY CONTRACT ENTERED INTO PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE OF
THE STATE FINANCE LAW.
6. IN ADDITION TO THE ENFORCEMENT POWERS, AND ANY OTHER POWERS AND
DUTIES SPECIFIED BY LAW, THE CAMPAIGN FINANCE BOARD SHALL:
(A) (I) RENDER ADVISORY OPINIONS WITH RESPECT TO QUESTIONS ARISING
UNDER THIS TITLE UPON THE WRITTEN REQUEST OF A CANDIDATE, AN OFFICER OF
A POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITI-
ATIVE; (II) PROMULGATE RULES REGARDING REASONABLE TIMES TO RESPOND TO
SUCH REQUESTS; AND (III) MAKE PUBLIC THE QUESTIONS OF INTERPRETATION FOR
WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE CAMPAIGN FINANCE BOARD
AND ITS ADVISORY OPINIONS, INCLUDING BY PUBLICATION ON ITS WEBSITE;
(B) DEVELOP A PROGRAM FOR INFORMING CANDIDATES AND THE PUBLIC AS TO
THE PURPOSE AND EFFECT OF THE PROVISIONS OF THIS TITLE, INCLUDING BY
MEANS OF A WEBSITE;
(C) HAVE THE AUTHORITY TO PROMULGATE SUCH RULES AND REGULATIONS AND
PRESCRIBE SUCH FORMS AS THE CAMPAIGN FINANCE BOARD DEEMS NECESSARY FOR
THE ADMINISTRATION OF THIS TITLE; AND
(D) IN CONJUNCTION WITH THE STATE BOARD OF ELECTIONS DEVELOP AN INTER-
ACTIVE, SEARCHABLE COMPUTER DATABASE THAT SHALL CONTAIN ALL INFORMATION
NECESSARY FOR THE PROPER ADMINISTRATION OF THIS TITLE INCLUDING INFORMA-
TION ON CONTRIBUTIONS TO AND EXPENDITURES BY CANDIDATES AND THEIR
AUTHORIZED COMMITTEES AND DISTRIBUTIONS OF MONEYS FROM THE FUND AND
SHALL BE ACCESSIBLE TO THE PUBLIC ON THE STATE BOARD OF ELECTIONS'
WEBSITE.
7. CONSISTENT WITH THE PROVISIONS OF THE CIVIL SERVICE LAW AND SUBDI-
VISION SEVENTEEN OF SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW,
AND NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, ALL
POSITIONS ON THE STAFF OF THE CAMPAIGN FINANCE BOARD SHALL BE CLASSIFIED
IN THE EXEMPT CLASS OF THE CIVIL SERVICE.
8. THE CAMPAIGN FINANCE BOARD'S ADMINISTRATION OF THE FUND SHALL BE
GOVERNED BY THE PROVISIONS OF THIS TITLE AND SECTION NINETY-NINE-Z OF
THE STATE FINANCE LAW.
9. THE CAMPAIGN FINANCE BOARD AND ITS PROCEEDINGS SHALL BE GOVERNED BY
THE STATE ADMINISTRATIVE PROCEDURE ACT AND SUBJECT TO ARTICLES SIX AND
SEVEN OF THE PUBLIC OFFICERS LAW.
10. THE CAMPAIGN FINANCE BOARD MAY TAKE SUCH OTHER ACTIONS AS ARE
NECESSARY AND PROPER TO CARRY OUT THE PURPOSES OF THIS TITLE.
S 14-218. AUDITS AND REPAYMENTS. 1. THE CAMPAIGN FINANCE BOARD IS
HEREBY EMPOWERED TO AUDIT AND EXAMINE, PURSUANT TO GENERALLY ACCEPTED
ACCOUNTING PRINCIPLES, ALL MATTERS RELATING TO THE PERFORMANCE OF ITS
FUNCTIONS AND ANY OTHER MATTER RELATING TO THE ADMINISTRATION OF THIS
TITLE. SUCH AUDITS SHALL BE CONDUCTED AS FREQUENTLY AS THE CAMPAIGN
FINANCE BOARD DEEMS NECESSARY TO ENSURE COMPLIANCE WITH THIS TITLE.
EVERY CANDIDATE WHO RECEIVES MATCHING FUNDS UNDER THIS TITLE SHALL ALSO
BE AUDITED BY THE CAMPAIGN FINANCE BOARD POST-ELECTION. THE COST OF
COMPLYING WITH A POST-ELECTION AUDIT SHALL BE BORNE BY THE CANDIDATE'S
AUTHORIZED COMMITTEE. A CANDIDATE WHO HAS RECEIVED MATCHING FUNDS UNDER
THIS TITLE MUST MAINTAIN A RESERVE OF AT LEAST ONE PERCENT OF THE TOTAL
AMOUNT OF MATCHING FUNDS RECEIVED BY SUCH CANDIDATE IN HIS OR HER
S. 7506 20
CAMPAIGN ACCOUNT TO COMPLY WITH THE POST-ELECTION AUDIT. A CANDIDATE WHO
RUNS IN BOTH A PRIMARY AND A GENERAL ELECTION, MUST MAINTAIN A RESERVE
OF ONE PERCENT OF THE TOTAL AMOUNT OF MATCHING FUNDS RECEIVED BY SUCH
CANDIDATE FOR BOTH HIS OR HER PRIMARY AND GENERAL ELECTION. A CANDIDATE
MAY USE MATCHING FUNDS, PRIVATE FUNDS OR A COMBINATION OF MATCHING AND
PRIVATE FUNDS TO COMPLY WITH A POST-ELECTION AUDIT. THE CAMPAIGN FINANCE
BOARD SHALL ISSUE TO EACH CAMPAIGN AUDITED THE FINAL POST-ELECTION AUDIT
REPORT THAT DETAILS ITS FINDINGS AND SHALL PROVIDE SUCH AUDIT TO THE
GOVERNOR AND LEGISLATIVE LEADERS AND MAKE SUCH AUDIT REPORT AVAILABLE ON
THE STATE BOARD OF ELECTIONS' WEBSITE.
2. IF THE CAMPAIGN FINANCE BOARD DETERMINES THAT ANY PORTION OF A
PAYMENT MADE TO A CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND
EXCEEDED THE AMOUNT THAT SUCH CANDIDATE WAS ELIGIBLE TO RECEIVE PURSUANT
TO THIS TITLE, THE CAMPAIGN FINANCE BOARD SHALL NOTIFY SUCH COMMITTEE
AND SUCH COMMITTEE SHALL PAY TO THE CAMPAIGN FINANCE BOARD AN AMOUNT
EQUAL TO THE AMOUNT OF THE EXCESS PAYMENT; PROVIDED, HOWEVER, THAT IF
THE ERRONEOUS PAYMENT WAS DUE TO AN ERROR MADE BY THE CAMPAIGN FINANCE
BOARD, THEN THE ERRONEOUS PAYMENT WILL BE OFFSET AGAINST ANY FUTURE
PAYMENT, IF ANY. THE PARTICIPATING CANDIDATE AND THE CANDIDATE'S AUTHOR-
IZED COMMITTEE SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY REPAYMENTS
DUE TO THE CAMPAIGN FINANCE BOARD FOR DEPOSIT BY SUCH BOARD INTO THE NEW
YORK STATE CAMPAIGN FINANCE FUND.
3. IF THE CAMPAIGN FINANCE BOARD DETERMINES THAT ANY PORTION OF A
PAYMENT MADE TO A CANDIDATE'S AUTHORIZED COMMITTEE FROM THE NEW YORK
STATE CAMPAIGN FINANCE FUND WAS USED FOR PURPOSES OTHER THAN QUALIFIED
CAMPAIGN EXPENDITURES, THE CAMPAIGN FINANCE BOARD SHALL NOTIFY SUCH
COMMITTEE OF THE AMOUNT SO DISQUALIFIED AND SUCH COMMITTEE SHALL PAY TO
THE CAMPAIGN FINANCE BOARD AN AMOUNT EQUAL TO SUCH DISQUALIFIED AMOUNT.
SUCH MONIES SHALL BE DEPOSITED INTO THE NEW YORK STATE CAMPAIGN FINANCE
FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-Z OF THE STATE FINANCE
LAW. THE CANDIDATE AND THE CANDIDATE'S AUTHORIZED COMMITTEE SHALL BE
JOINTLY AND SEVERALLY LIABLE FOR ANY REPAYMENTS DUE TO THE CAMPAIGN
FINANCE BOARD.
4. A PARTICIPATING CANDIDATE SHALL PAY TO THE CAMPAIGN FINANCE BOARD
FOR DEPOSIT INTO THE CAMPAIGN FINANCE FUND UNSPENT MATCHING FUNDS FOR AN
ELECTION NOT LATER THAN THIRTY DAYS AFTER ALL LIABILITIES FOR THE
ELECTION CAMPAIGN HAVE BEEN PAID AND IN ANY EVENT, NOT LATER THAN TWENTY
DAYS AFTER THE DATE ON WHICH THE CAMPAIGN FINANCE BOARD ISSUES ITS FINAL
AUDIT REPORT FOR THE PARTICIPATING CANDIDATE'S COMMITTEE; PROVIDED,
HOWEVER, THAT ALL UNSPENT MATCHING FUNDS FOR A PARTICIPATING CANDIDATE
SHALL BE IMMEDIATELY DUE AND PAYABLE TO THE CAMPAIGN FINANCE BOARD FOR
DEPOSIT INTO THE NEW YORK STATE CAMPAIGN FINANCE FUND UPON ITS DETERMI-
NATION THAT THE PARTICIPANT WILLFULLY DELAYED THE POST-ELECTION AUDIT
PROCESS. A PARTICIPATING CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES
ONLY FOR ROUTINE ACTIVITIES INVOLVING NOMINAL COSTS ASSOCIATED WITH
WINDING UP A CAMPAIGN AND RESPONDING TO THE POST-ELECTION AUDIT PURSUANT
TO SECTION 14-228 OF THIS TITLE. FOR ACCOUNTING PURPOSES, ALL PRIVATE
AND PERSONAL CONTRIBUTIONS SHALL BE CONSIDERED SPENT BEFORE REVENUE FROM
THE FUND IS SPENT OR COMMITTED.
S 14-220. CIVIL ENFORCEMENT. 1. ANY PERSON OR AUTHORIZED COMMITTEE WHO
KNOWINGLY AND WILLFULLY FAILS TO MAKE A FILING AS REQUIRED BY THE
PROVISIONS OF THIS TITLE SHALL BE SUBJECT TO A FINE TO BE IMPOSED BY THE
CAMPAIGN FINANCE BOARD IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS.
2. ANY PERSON OR AUTHORIZED COMMITTEE WHO KNOWINGLY AND WILLFULLY
VIOLATES ANY OTHER PROVISION OF THIS TITLE OR ANY RULE PROMULGATED HERE-
S. 7506 21
UNDER SHALL BE SUBJECT TO A FINE TO BE IMPOSED BY THE CAMPAIGN FINANCE
BOARD IN AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS.
3. FINES AUTHORIZED UNDER THIS SECTION WILL BE IMPOSED BY THE CAMPAIGN
FINANCE BOARD AFTER A HEARING AT WHICH THE SUBJECT PERSON OR AUTHORIZED
COMMITTEE SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD. SUCH HEARING SHALL
BE HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY BE PRESCRIBED BY THE
RULES OF THE CAMPAIGN FINANCE BOARD. FOR PURPOSES OF CONDUCTING SUCH
HEARINGS, THE CAMPAIGN FINANCE BOARD SHALL BE DEEMED TO BE AN AGENCY
WITHIN THE MEANING OF ARTICLE THREE OF THE STATE ADMINISTRATIVE PROCE-
DURE ACT AND SHALL ADOPT RULES GOVERNING THE CONDUCT OF ADJUDICATORY
PROCEEDINGS AND APPEALS TAKEN PURSUANT TO A PROCEEDING COMMENCED UNDER
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES RELATING TO
THE ASSESSMENT OF THE FINES HEREIN AUTHORIZED.
4. THE CAMPAIGN FINANCE BOARD SHALL PUBLISH ON THE STATE BOARD OF
ELECTIONS' WEBSITE THE FINAL ORDER ADJUDICATING ANY MATTER BROUGHT
PURSUANT TO THIS SECTION.
5. ANY FINES IMPOSED BY THE CAMPAIGN FINANCE BOARD PURSUANT TO THIS
SECTION SHALL BE DEPOSITED INTO THE NEW YORK STATE CAMPAIGN FINANCE
FUND.
S 14-222. CRIMINAL PENALTIES. 1. ANY PERSON WHO KNOWINGLY AND WILLFUL-
LY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS OF THIS TITLE WITH-
IN TEN DAYS AFTER THE DATE PROVIDED FOR SUCH, OR ANYONE THAT KNOWINGLY
AND WILLFULLY VIOLATES ANY OTHER PROVISION OF THIS TITLE SHALL BE GUILTY
OF A MISDEMEANOR AND, IN ADDITION TO SUCH OTHER PENALTIES AS MAY BE
PROVIDED BY LAW, SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT OF
TEN THOUSAND DOLLARS.
2. ANY PERSON WHO KNOWINGLY AND WILLFULLY CONTRIBUTES, ACCEPTS OR AIDS
OR PARTICIPATES IN THE CONTRIBUTION OR ACCEPTANCE OF A CONTRIBUTION IN
AN AMOUNT EXCEEDING AN APPLICABLE MAXIMUM SPECIFIED IN THIS ARTICLE
SHALL BE GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A FINE NOT TO
EXCEED THE AMOUNT OF TEN THOUSAND DOLLARS.
3. ANY PERSON WHO KNOWINGLY MAKES A FALSE STATEMENT OR KNOWINGLY OMITS
A MATERIAL FACT TO THE CAMPAIGN FINANCE BOARD OR AN AUDITOR DESIGNATED
BY THE CAMPAIGN FINANCE BOARD DURING ANY AUDIT CONDUCTED PURSUANT TO
SECTION 14-218 OF THIS TITLE SHALL BE GUILTY OF A CLASS E FELONY.
4. IN ADDITION ANY OTHER SENTENCE LAWFULLY IMPOSED UPON A FINDING OF
GUILT IN A CRIMINAL PROSECUTION COMMENCED PURSUANT TO THE PROVISIONS OF
THIS SECTION, THE COURT MAY ORDER A DEFENDANT TO REPAY TO THE CAMPAIGN
FINANCE BOARD ANY MATCHING FUNDS OBTAINED AS A RESULT OF ANY CRIMINAL
CONDUCT.
5. ALL SUCH PROSECUTIONS FOR CRIMINAL ACTS UNDER THIS ARTICLE SHALL BE
PROSECUTED BY THE ATTORNEY GENERAL.
6. ANY AND ALL FINES IMPOSED PURSUANT TO THIS SECTION SHALL BE MADE
PAYABLE TO THE CAMPAIGN FINANCE BOARD FOR DEPOSIT INTO THE NEW YORK
STATE CAMPAIGN FINANCE FUND.
S 14-224. REPORTS. THE CAMPAIGN FINANCE BOARD SHALL SUBMIT A REPORT TO
THE GOVERNOR AND LEGISLATIVE LEADERS ON OR BEFORE FEBRUARY FIRST, TWO
THOUSAND NINETEEN, AND EVERY TWO YEARS THEREAFTER, WHICH SHALL INCLUDE:
1. A LIST OF THE PARTICIPATING AND NONPARTICIPATING CANDIDATES IN
COVERED ELECTIONS AND THE VOTES RECEIVED BY EACH CANDIDATE IN THOSE
ELECTIONS;
2. THE AMOUNT OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES
MADE, ON BEHALF OF PARTICIPATING AND NONPARTICIPATING CANDIDATES;
3. THE AMOUNT OF MATCHING FUNDS EACH PARTICIPATING CANDIDATE RECEIVED,
SPENT AND REPAID PURSUANT TO THIS ARTICLE;
S. 7506 22
4. ANALYSIS OF THE EFFECT OF THIS TITLE ON THE ELECTION CAMPAIGN FOR
THE OFFICES OF GOVERNOR, LIEUTENANT GOVERNOR, STATE COMPTROLLER, ATTOR-
NEY GENERAL, MEMBER OF THE ASSEMBLY, STATE SENATOR AND DELEGATE TO A
CONSTITUTIONAL CONVENTION, INCLUDING ITS EFFECT ON THE SOURCES AND
AMOUNTS OF PRIVATE FINANCING, THE LEVEL OF CAMPAIGN EXPENDITURES, VOTER
PARTICIPATION, THE NUMBER OF CANDIDATES, THE CANDIDATES' ABILITIES TO
CAMPAIGN EFFECTIVELY FOR PUBLIC OFFICE, AND THE DIVERSITY OF CANDIDATES
SEEKING AND ELECTED TO OFFICE;
5. RECOMMENDATIONS FOR CHANGES OR AMENDMENTS TO THIS TITLE, INCLUDING
CHANGES IN CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY AND LIMITS ON
TOTAL MATCHING FUNDS; AND
6. ANY OTHER INFORMATION THAT THE CAMPAIGN FINANCE BOARD DEEMS RELE-
VANT.
S 14-226. DEBATES. THE CAMPAIGN FINANCE BOARD SHALL PROMULGATE REGU-
LATIONS TO FACILITATE DEBATES AMONG PARTICIPATING CANDIDATES. PARTIC-
IPATING CANDIDATES ARE REQUIRED TO PARTICIPATE IN AT LEAST ONE DEBATE
BEFORE THE PRIMARY ELECTION AND IN AT LEAST ONE DEBATE BEFORE THE GENER-
AL ELECTION FOR WHICH THE CANDIDATE RECEIVES PUBLIC FUNDS, UNLESS THE
PARTICIPATING CANDIDATE IS RUNNING UNOPPOSED. A NONPARTICIPATING CANDI-
DATE MAY BE A PARTY TO SUCH DEBATES.
S 14-228. DISTRIBUTIONS FROM CAMPAIGN FINANCE FUND. 1. THIS SECTION
GOVERNS THE CAMPAIGN FINANCE BOARD'S DISTRIBUTION OF FUNDS FROM THE
CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-NINE-Z OF THE STATE
FINANCE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE.
2. NO MONEYS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO HAS BEEN
DISQUALIFIED BY THE CAMPAIGN FINANCE BOARD OR WHOSE DESIGNATING
PETITIONS HAVE BEEN DECLARED INVALID BY THE STATE BOARD OF ELECTIONS OR
A COURT OF COMPETENT JURISDICTION UNTIL AND UNLESS SUCH FINDING IS
REVERSED BY AN APPELLATE COURT.
3. NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDIDATE OR
SUCH A CANDIDATE'S AUTHORIZED COMMITTEE ON THE DATE OF SUCH DISQUALI-
FICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY PURPOSE
EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE THAT DATE. ALL EXCESS
MATCHING MONEYS PAID TO A DISQUALIFIED CANDIDATE SHALL BE RETURNED TO
THE FUND NOT LESS THAN THIRTY DAYS AFTER THE GENERAL ELECTION FOR THOSE
PARTICIPATING CANDIDATES WHO RECEIVED MATCHING MONEYS FOR THE GENERAL
ELECTION, AND OTHERWISE, NOT LESS THAN THIRTY DAYS AFTER THE PRIMARY
ELECTION FOR THOSE PARTICIPATING CANDIDATES WHO RECEIVED MATCHING MONEYS
SOLELY FOR THE PRIMARY ELECTION.
4. (A) PARTICIPATING CANDIDATES SHALL PAY TO THE CAMPAIGN FINANCE
BOARD UNSPENT MATCHING CAMPAIGN FUNDS FROM AN ELECTION NOT LATER THAN
THIRTY DAYS AFTER ALL LIABILITIES FOR THE ELECTION HAVE BEEN PAID AND,
IN ANY EVENT, NOT LESS THAN TWENTY DAYS AFTER THE DATE UPON WHICH THE
CAMPAIGN FINANCE BOARD ISSUES ITS FINAL AUDIT REPORT FOR THE PARTICIPAT-
ING CANDIDATE'S COMMITTEE; PROVIDED, HOWEVER, THAT ALL UNSPENT MATCHING
CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE SHALL BE IMMEDIATELY DUE
AND PAYABLE TO THE CAMPAIGN FINANCE BOARD UPON ITS DETERMINATION THAT
THE PARTICIPATING CANDIDATE HAS, WITHOUT JUST CAUSE, DELAYED THE POST-E-
LECTION AUDIT PROCESS. UNSPENT MATCHING CAMPAIGN FUNDS DETERMINATIONS
MADE BY THE CAMPAIGN FINANCE BOARD SHALL BE BASED ON THE PARTICIPATING
CANDIDATE COMMITTEE'S RECEIPTS AND EXPENDITURES. THE CAMPAIGN FINANCE
BOARD MAY ALSO CONSIDER ANY OTHER RELEVANT INFORMATION REVEALED IN THE
COURSE OF ITS AUDITS OR INVESTIGATIONS OR THE INVESTIGATIONS BY ANY
OTHER AGENCY.
(B) (I) A PARTICIPATING CANDIDATE MAY NOT USE RECEIPTS FOR ANY PURPOSE
OTHER THAN DISBURSEMENTS IN THE PRECEDING ELECTION UNTIL ALL UNSPENT
S. 7506 23
MATCHING CAMPAIGN FUNDS HAVE BEEN REPAID. A PARTICIPATING CANDIDATE
SHALL HAVE THE BURDEN OF DEMONSTRATING THAT A POST-ELECTION EXPENDITURE
IS FOR THE PRECEDING ELECTION.
(II) BEFORE REPAYING UNSPENT MATCHING CAMPAIGN FUNDS, A PARTICIPATING
CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES ONLY FOR ROUTINE ACTIV-
ITIES INVOLVING NOMINAL COSTS ASSOCIATED WITH WINDING UP A CAMPAIGN AND
RESPONDING TO THE POST-ELECTION AUDIT. SUCH EXPENDITURES MAY INCLUDE:
PAYMENT OF UTILITY BILLS AND RENT; REASONABLE STAFF SALARIES AND
CONSULTANT FEES FOR RESPONDING TO A POST-ELECTION AUDIT; REASONABLE
MOVING EXPENSES RELATED TO CLOSING A CAMPAIGN OFFICE; A HOLIDAY CARD
MAILING TO CONTRIBUTORS, CAMPAIGN VOLUNTEERS, AND STAFF MEMBERS; THANK
YOU NOTES FOR CONTRIBUTORS, CAMPAIGN VOLUNTEERS, AND STAFF MEMBERS;
PAYMENT OF TAXES AND OTHER REASONABLE EXPENSES FOR COMPLIANCE WITH
APPLICABLE TAX LAWS; AND INTEREST EXPENSES. ROUTINE POST-ELECTION
EXPENDITURES THAT MAY BE PAID FOR WITH UNSPENT MATCHING CAMPAIGN FUNDS
DO NOT INCLUDE SUCH ITEMS AS POST-ELECTION MAILINGS OTHER THAN AS
SPECIFICALLY PROVIDED FOR IN THIS SUBPARAGRAPH; MAKING CONTRIBUTIONS; OR
HOLDING ANY POST-ELECTION DAY EVENT, INCLUDING, BUT NOT LIMITED TO, ANY
MEAL OR ANY PARTY. UNSPENT CAMPAIGN FUNDS MAY NOT BE USED FOR TRANSITION
OR INAUGURATION ACTIVITIES.
5. ALL MONIES RECEIVED BY THE CAMPAIGN FINANCE BOARD PURSUANT TO THIS
SECTION SHALL BE DEPOSITED INTO THE NEW YORK STATE CAMPAIGN FINANCE FUND
PURSUANT TO SECTION NINETY-NINE-Z OF THE STATE FINANCE LAW.
S 15. The election law is amended by adding a new section 16-103 to
read as follows:
S 16-103. PROCEEDINGS AS TO MATCHING FUNDS. 1. THE DETERMINATION OF
ELIGIBILITY PURSUANT TO SECTION 14-208 OF THIS CHAPTER AND ANY QUESTION
OR ISSUE RELATING TO PAYMENTS FOR QUALIFIED CAMPAIGN EXPENDITURES PURSU-
ANT TO SECTION 14-212 OF THIS CHAPTER MAY BE CONTESTED IN A PROCEEDING
INSTITUTED IN THE SUPREME COURT, ALBANY COUNTY, BY ANY AGGRIEVED CANDI-
DATE.
2. A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY OR
PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO SECTION 14-212
OF THIS CHAPTER SHALL BE INSTITUTED WITHIN SEVEN DAYS AFTER SUCH DETER-
MINATION WAS MADE. THE CAMPAIGN FINANCE BOARD SHALL BE MADE A PARTY TO
ANY SUCH PROCEEDING.
3. UPON THE CAMPAIGN FINANCE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE
FROM A PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE AFTER THE
ISSUANCE OF WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED BY SUBDIVI-
SION FOUR OF SECTION 14-218 OF THIS CHAPTER, SUCH 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 CAMPAIGN FINANCE BOARD AS A RESULT OF AN EXAMINATION AND AUDIT MADE
PURSUANT TO TITLE TWO OF ARTICLE FOURTEEN OF THIS CHAPTER.
4. THE CAMPAIGN FINANCE BOARD IS AUTHORIZED TO INSTITUTE A SPECIAL
PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A
JUDGMENT FOR CIVIL PENALTIES DETERMINED TO BE PAYABLE TO THE FAIR
ELECTIONS BOARD PURSUANT TO SECTION 14-218 OF THIS CHAPTER.
S 16. The general business law is amended by adding a new section
359-gg to read as follows:
S 359-GG. ADDITIONAL SURCHARGE. IN ADDITION TO ANY PENALTY AUTHORIZED
BY SECTION THREE HUNDRED FIFTY-NINE-G OF THIS ARTICLE OR ANY DAMAGES OR
OTHER COMPENSATION RECOVERABLE INCLUDING, BUT NOT LIMITED TO, ANY
SETTLEMENT AUTHORIZED BY SECTION SIXTY-THREE OR SIXTY-THREE-C OF THE
EXECUTIVE LAW, THERE SHALL BE ASSESSED THEREON AN ADDITIONAL SURCHARGE
IN THE AMOUNT OF TEN PERCENT OF THE TOTAL AMOUNT OF SUCH PENALTY,
S. 7506 24
DAMAGES OR SETTLEMENT. SUCH SURCHARGE SHALL BE DEPOSITED IN THE NEW YORK
STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-NINE-Z OF THE
STATE FINANCE LAW.
S 17. The state finance law is amended by adding a new section 99-z to
read as follows:
S 99-Z. NEW YORK STATE CAMPAIGN FINANCE FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND
FINANCE AND THE STATE COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE "NEW
YORK STATE CAMPAIGN FINANCE FUND".
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE SURCHARGE
IMPOSED PURSUANT TO SECTION THREE HUNDRED FIFTY-NINE-GG OF THE GENERAL
BUSINESS LAW, REVENUES RECEIVED FROM CAMPAIGN FINANCE FUND CHECK-OFF
PURSUANT TO SECTION SIX HUNDRED THIRTY-E OF THE TAX LAW, REVENUES FROM
THE ABANDONED PROPERTY FUND PURSUANT TO SECTION NINETY-FIVE OF THIS
ARTICLE, AND ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY
OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION
SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS, BEQUESTS OR VOLUN-
TARY CONTRIBUTIONS FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS
SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW. MONIES IN
THE FUND SHALL BE KEPT SEPARATE FROM AND NOT COMMINGLED WITH OTHER FUNDS
HELD IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE
AND THE STATE COMPTROLLER.
3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT
TO TITLE TWO OF ARTICLE FOURTEEN OF THE ELECTION LAW. MONEYS SHALL BE
PAID OUT OF THE FUND BY THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR
APPROVED BY THE CAMPAIGN FINANCE BOARD ESTABLISHED PURSUANT TO TITLE TWO
OF ARTICLE FOURTEEN OF THE ELECTION LAW, OR THE DULY DESIGNATED REPRE-
SENTATIVE OF SUCH BOARD, IN THE MANNER PRESCRIBED BY LAW, NOT MORE THAN
ONE WORKING DAY AFTER A VOUCHER DULY CERTIFIED, APPROVED AND EXECUTED BY
SUCH BOARD OR ITS REPRESENTATIVE IN THE FORM PRESCRIBED BY THE STATE
COMPTROLLER IS RECEIVED BY THE STATE COMPTROLLER.
S 18. The tax law is amended by adding a new section 630-e to read as
follows:
S 630-E. CONTRIBUTION TO NEW YORK STATE CAMPAIGN FINANCE FUND. EFFEC-
TIVE FOR ANY TAXABLE YEAR COMMENCING ON OR AFTER JANUARY FIRST,
TWO-THOUSAND SEVENTEEN, AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO
CONTRIBUTE TO THE NEW YORK STATE CAMPAIGN FINANCE FUND. SUCH CONTRIB-
UTION SHALL BE IN THE AMOUNT OF FIVE DOLLARS AND SHALL NOT REDUCE THE
AMOUNT OF STATE TAX OWED BY SUCH INDIVIDUAL. THE COMMISSIONER SHALL
INCLUDE SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER TO
MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL
REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE NEW
YORK STATE CAMPAIGN FINANCE FUND AND USED ONLY FOR THOSE PURPOSES
ENUMERATED IN SECTION NINETY-NINE-Z OF THE STATE FINANCE LAW.
S 19. 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 CHAIR OF THE
CAMPAIGN FINANCE BOARD OR HIS OR HER DULY APPOINTED REPRESENTATIVE,
SHALL TRANSFER MONEYS OF THE ABANDONED PROPERTY FUND INTO THE CAMPAIGN
FINANCE FUND PURSUANT TO SECTION NINETY-NINE-Z OF THIS ARTICLE. ON MARCH
THIRTY-FIRST OF THE YEAR FOLLOWING SUCH GENERAL ELECTION YEAR, SUCH
S. 7506 25
CHAIR SHALL TRANSFER TO THE GENERAL FUND ANY SURPLUS MONEYS OF THE
CAMPAIGN FINANCE FUND AS OF SUCH DATE.
S 20. Severability. If any clause, sentence, subdivision, paragraph,
section or part of this act be adjudged by any court of competent juris-
diction to be invalid, such judgment shall not affect, impair or invali-
date the remainder thereof, but shall be confined in its operation to
the clause, sentence, subdivision, paragraph, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered.
S 21. This act shall take effect January 1, 2017; provided, however,
that all candidates will be eligible to participate in the optional
campaign finance system beginning with the 2018 general election.