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

                                  9281

                          I N  A S S E M B L Y

                            February 10, 2016
                               ___________

Introduced  by  M.  of  A. HEASTIE, MORELLE, FARRELL, WRIGHT, WEINSTEIN,
  GOTTFRIED, LENTOL, GANTT,  BRENNAN,  COOK,  GLICK,  CAHILL,  DINOWITZ,
  COLTON,  PAULIN,  LIFTON, PEOPLES-STOKES, O'DONNELL, TITUS, BENEDETTO,
  LAVINE,  LUPARDO,  HEVESI,  JAFFEE,  KAVANAGH,   ROSENTHAL,   SCHIMEL,
  RUSSELL, BRAUNSTEIN, BRONSON, MOYA, WEPRIN, ABINANTI, SIMOTAS, BRINDI-
  SI,  FAHY,  MAYER,  McDONALD,  MOSLEY,  OTIS, ROZIC, SEPULVEDA, STECK,
  DAVILA, PICHARDO -- Multi-Sponsored by -- M. of  A.  BUCHWALD,  ENGLE-
  BRIGHT -- read once and referred to the Committee on Election Law

AN ACT to amend the election law, in relation to enacting the "2016 Fair
  Elections  Act";  to amend the election law, the state finance law and
  the tax law, in relation to  providing  for  optional  partial  public
  financing  of  certain  election campaigns in this state; and to amend
  the general business law, in relation to additional surcharges

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

  Section  1.  Short title.  This act shall be known and may be cited as
the "2016 Fair Elections Act".
  S 2. Legislative findings and declarations. The  legislature  declares
that  is  in the public interest to create and ensure a truly democratic
political system  in  which  citizens,  irrespective  of  their  income,
status,  or financial connections, are enabled and encouraged to compete
for public office.   Therefore, the legislature finds  it  necessary  to
establish  a system of public financing for all qualified candidates for
state elective offices and constitutional convention delegates.
  S 3. Paragraph (b) of subdivision 5 of section 3-104 of  the  election
law,  as  added by section 4 of subpart B of part H of chapter 55 of the
laws of 2014, is amended to read as follows:
  (b) If the chief enforcement counsel determines that reasonable  cause
exists  to believe a violation warranting criminal prosecution has taken
place, the chief enforcement counsel shall present such findings to  the
board.  Within  thirty  days of such submission, the board shall vote on
whether to accept or reject such findings. For  purposes  of  voting  on
acceptance  or  rejection  of findings by the chief enforcement counsel,
the chief enforcement counsel shall be entitled to  participate  in  all

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

                                                           LBD14063-03-6

A. 9281                             2

matters related to the review of his or her report and shall vote on its
acceptance  or rejection only when there is a tie. Should the board fail
to vote to either accept or reject the findings within  thirty  days  of
submission  of such findings, or should the board accept the findings by
the chief enforcement counsel that there is reasonable cause to  believe
that  a  violation  warranting criminal prosecution has taken place, the
chief enforcement counsel shall, forthwith, and in any  event  no  later
than  seven  calendar days of such failure to accept or reject the find-
ings by the board, refer such matter to the attorney general or district
attorney with jurisdiction over  such  matter  to  commence  a  criminal
action as such term is defined in the criminal procedure law.  PROVIDED,
HOWEVER,  WHERE  REASONABLE CAUSE EXISTS TO BELIEVE THAT A CANDIDATE FOR
THE OFFICE OF ATTORNEY GENERAL HAS VIOLATED ANY PROVISION OF THIS  CHAP-
TER,  THE STATE BOARD SHALL REFER THE MATTER TO THE DISTRICT ATTORNEY OF
THE APPROPRIATE COUNTY.
  S 4.  The article heading of article 14 of the election law is amended
to read as follows:
          CAMPAIGN RECEIPTS AND EXPENDITURES; PUBLIC FINANCING
  S 5. Article 14 of the election law is amended by adding a new title 2
to read as follows:
                                TITLE II
                            PUBLIC FINANCING
SECTION 14-200. APPLICABILITY OF TITLE.
        14-202. DEFINITIONS.
        14-204. REPORTING REQUIREMENTS.
        14-206. ELIGIBILITY.
        14-208. QUALIFIED CAMPAIGN EXPENDITURES.
        14-210. OPTIONAL PUBLIC FINANCING.
        14-212. CONTRIBUTION AND RECEIPT LIMITATIONS.
        14-214. LIMITATIONS ON THE RECEIPT OF PUBLIC FUNDS.
        14-216. STATE BOARD; GENERAL POWERS AND DUTIES.
        14-218. EXAMINATIONS AND AUDITS.
        14-220. CIVIL PENALTY.
        14-222. CRIMINAL PENALTIES.
        14-224. REPORTS.
        14-226. DEBATES.
        14-228. DISTRIBUTIONS FROM FAIR ELECTIONS FUND.
  S 14-200. APPLICABILITY OF TITLE. THIS TITLE SHALL ONLY APPLY TO THOSE
CANDIDATES WHO ELECT TO PARTICIPATE IN  THE  OPTIONAL  PUBLIC  FINANCING
SYSTEM.
  S  14-202.  DEFINITIONS. AS USED IN THIS TITLE, UNLESS ANOTHER MEANING
IS CLEARLY INDICATED:
  1. THE TERM "BOARD" MEANS THE STATE BOARD OF ELECTIONS.
  2. THE TERM "ELIGIBLE CANDIDATE" SHALL MEAN A CANDIDATE FOR NOMINATION
OR ELECTION TO ANY OF THE  OFFICES  OF  GOVERNOR,  LIEUTENANT  GOVERNOR,
COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE STATE LEGISLATURE, AT-LARGE
DELEGATE  TO  A  CONSTITUTIONAL  CONVENTION  OR  DISTRICT  DELEGATE TO A
CONSTITUTIONAL CONVENTION.
  3. THE TERM "PARTICIPATING COMMITTEE" SHALL MEAN A  SINGLE  AUTHORIZED
POLITICAL  COMMITTEE  WHICH  A CANDIDATE CERTIFIES IS THE COMMITTEE THAT
WILL SOLELY BE USED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM ESTAB-
LISHED BY THIS TITLE IN THE ELECTION CYCLE IN WHICH THE PRIMARY, GENERAL
OR SPECIAL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT.  A  MULTI-CAN-
DIDATE COMMITTEE MAY NOT BE A PARTICIPATING COMMITTEE.
  4.  THE  TERM  "PARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE WHO IS
ELIGIBLE TO PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING  SYSTEM  ESTAB-

A. 9281                             3

LISHED  BY  THIS  TITLE,  HAS  MET THE THRESHOLD FOR ELIGIBILITY AND HAS
ELECTED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM.
  5.  THE  TERM  "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR
ANY OFFICE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING UNDER THIS TITLE FOR A
COVERED ELECTION WHO FAILS TO FILE A STATEMENT IN THE FORM OF AN AFFIDA-
VIT PURSUANT TO SECTION 14-210 OF THIS TITLE.
  6. THE TERM "MATCHABLE CONTRIBUTIONS" SHALL MEAN THAT PORTION  OF  THE
AGGREGATE  CONTRIBUTIONS  MADE  (A)  IN THE CASE OF A PRIMARY OR GENERAL
ELECTION, DURING THE ELECTION CYCLE IN  WHICH  THE  PRIMARY  OR  GENERAL
ELECTION  IS  HELD  FOR THE PUBLIC OFFICE SOUGHT OR (B) IN THE CASE OF A
SPECIAL ELECTION, WITHIN SIX MONTHS OF SUCH ELECTION, BY NATURAL PERSONS
RESIDENT IN THE STATE OF NEW YORK  TO  A  CANDIDATE  FOR  NOMINATION  OR
ELECTION  TO  ANY OF THE OFFICES COVERED BY THE PROVISIONS OF THIS TITLE
WHICH DO NOT EXCEED TWO HUNDRED FIFTY DOLLARS, WHICH HAVE BEEN  REPORTED
IN FULL BY THE CANDIDATE'S PARTICIPATING COMMITTEE TO THE BOARD, INCLUD-
ING THE CONTRIBUTOR'S FULL NAME AND RESIDENTIAL ADDRESS.  A LOAN MAY NOT
BE TREATED AS A MATCHABLE CONTRIBUTION.  THE FOLLOWING CONTRIBUTIONS ARE
NOT MATCHABLE:
  (A) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;
  (B)  CONTRIBUTIONS  IN THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM
WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
  (C) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR OR OTHER-
WISE INDUCED BY A CHANCE TO PARTICIPATE IN A RAFFLE, LOTTERY, OR SIMILAR
DRAWING FOR VALUABLE PRIZES;
  (D) MONEY ORDER CONTRIBUTIONS FROM ANY ONE CONTRIBUTOR  THAT  ARE,  IN
THE AGGREGATE, GREATER THAN ONE HUNDRED DOLLARS;
  (E) CONTRIBUTIONS FROM INDIVIDUALS UNDER THE AGE OF EIGHTEEN YEARS;
  (F)  CONTRIBUTIONS  FROM  INDIVIDUAL VENDORS TO WHOM THE PARTICIPATING
CANDIDATE OR HIS OR HER PRINCIPAL COMMITTEE  MAKES  AN  EXPENDITURE,  IN
FURTHERANCE  OF  THE  NOMINATION FOR ELECTION OR ELECTION COVERED BY THE
CANDIDATE'S CERTIFICATION, UNLESS SUCH  EXPENDITURE  IS  REIMBURSING  AN
ADVANCE.
  7. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE
FOR WHICH PUBLIC FUNDS MAY BE USED.
  8.  THE  TERM "FUND" SHALL MEAN THE NEW YORK STATE FAIR ELECTIONS FUND
CREATED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  9. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF TOTAL
MATCHABLE CONTRIBUTIONS THAT THE PARTICIPATING COMMITTEE OF AN OTHERWISE
ELIGIBLE CANDIDATE MUST RECEIVE, AS REQUIRED BY SECTION 14-206  OF  THIS
TITLE,  IN  ORDER  TO  QUALIFY FOR OPTIONAL PUBLIC FINANCING PURSUANT TO
THIS TITLE.
  10. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS IN SUBDIVI-
SION NINE OF SECTION 14-100 OF THIS ARTICLE.
  11. 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.
  S  14-204.  REPORTING  REQUIREMENTS.  1. EVERY PARTICIPATING CANDIDATE
SHALL ONLY DESIGNATE ONE AUTHORIZED  COMMITTEE  FOR  THE  PUBLIC  OFFICE
SOUGHT.  BEFORE RECEIVING ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR
A  COVERED ELECTION, EACH PARTICIPATING CANDIDATE SHALL NOTIFY THE BOARD
AS TO THE EXISTENCE OF HIS OR HER AUTHORIZED  COMMITTEE  THAT  HAS  BEEN
DESIGNATED  AND APPROVED BY SUCH CANDIDATE. EACH SUCH AUTHORIZED COMMIT-
TEE SHALL, BEFORE  OPENING  A  COMMITTEE  BANK  ACCOUNT,  RECEIVING  ANY
CONTRIBUTION OR MAKING ANY EXPENDITURE FOR A COVERED ELECTION:
  (A) DESIGNATE A TREASURER; AND

A. 9281                             4

  (B)  OBTAIN  A  TAX  IDENTIFICATION  NUMBER  FROM THE INTERNAL REVENUE
SERVICE.
  2.  DISCLOSURE. (A) EVERY PARTICIPATING CANDIDATE SHALL FILE FINANCIAL
DISCLOSURE REPORTS WITH THE BOARD AS REQUIRED BY TITLE ONE OF THIS ARTI-
CLE.
  (B) THE BOARD SHALL REVIEW EACH DISCLOSURE REPORT  FILED  PURSUANT  TO
TITLE  ONE OF THIS ARTICLE AND SHALL INFORM PARTICIPATING CANDIDATES AND
POLITICAL COMMITTEES, INCLUDING THE AUTHORIZED  COMMITTEE,  OF  RELEVANT
QUESTIONS  THE BOARD HAS CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS OF
THIS TITLE AND OF THE RULES ISSUED BY THE BOARD; AND (II)  QUALIFICATION
FOR  RECEIVING  PUBLIC  MATCHING  FUNDS  PURSUANT  TO THIS TITLE. IN THE
COURSE OF SUCH REVIEW, THE BOARD SHALL  GIVE  CANDIDATES  AND  POLITICAL
COMMITTEES,  INCLUDING  THE  AUTHORIZED  COMMITTEE,  AN  OPPORTUNITY  TO
RESPOND TO AND CORRECT  POTENTIAL  VIOLATIONS  AND  GIVE  CANDIDATES  AN
OPPORTUNITY  TO ADDRESS QUESTIONS THE BOARD HAS CONCERNING THEIR MATCHA-
BLE CONTRIBUTION CLAIMS  OR  OTHER  ISSUES  CONCERNING  ELIGIBILITY  FOR
RECEIVING  PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. NOTHING IN THIS
PARAGRAPH SHALL PRECLUDE THE BOARD FROM SUBSEQUENTLY  REVIEWING  SUCH  A
DISCLOSURE  REPORT  AND  TAKING  ANY ACTION OTHERWISE AUTHORIZED BY THIS
TITLE.
  (C) ONLY ITEMIZED CONTRIBUTIONS CONTAINED IN REPORTS  FILED  WITH  THE
BOARD SHALL BE ELIGIBLE FOR MATCHING FUNDS PURSUANT TO THIS TITLE.
  S 14-206. ELIGIBILITY. 1. TO BE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING
UNDER THIS TITLE, A CANDIDATE FOR NOMINATION OR ELECTION MUST:
  (A)  MEET ALL THE REQUIREMENTS OF THIS CHAPTER AND OTHER PROVISIONS OF
LAW TO HAVE HIS OR HER NAME ON THE BALLOT;
  (B) BE A CANDIDATE FOR STATEWIDE  OFFICE,  THE  STATE  LEGISLATURE  OR
DELEGATE TO A CONSTITUTIONAL CONVENTION AT A PRIMARY, GENERAL OR SPECIAL
ELECTION AND MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION
TWO OF THIS SECTION;
  (C) ELECT TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM ESTABLISHED BY
THIS  TITLE  NOT LATER THAN SEVEN DAYS AFTER THE LAST DAY TO FILE DESIG-
NATING PETITIONS FOR THE OFFICE SUCH CANDIDATE IS  SEEKING  OR,  IN  THE
CASE OF A SPECIAL ELECTION, NOT LATER THAN THE LAST DAY TO FILE NOMINAT-
ING CERTIFICATES FOR SUCH OFFICE;
  (D)  AGREE  TO  OBTAIN  AND  FURNISH  TO THE BOARD ANY EVIDENCE IT MAY
REASONABLY REQUEST RELATING TO  HIS  OR  HER  CAMPAIGN  EXPENDITURES  OR
CONTRIBUTIONS AND FURNISH SUCH OTHER PROOF OF COMPLIANCE WITH THIS TITLE
AS MAY BE REQUESTED BY THE BOARD;
  (E)  HAVE  A  SINGLE  AUTHORIZED  POLITICAL  COMMITTEE WHICH HE OR SHE
CERTIFIES AS THE PARTICIPATING COMMITTEE FOR THE PURPOSES OF THIS TITLE;
  (F) AGREE TO IDENTIFY ACCURATELY IN ALL CAMPAIGN MATERIALS THE  PERSON
OR ENTITY THAT PAID FOR SUCH CAMPAIGN MATERIAL; AND
  (G)  THOSE CANDIDATES WHO DID NOT ELECT TO PARTICIPATE IN THE OPTIONAL
PUBLIC FINANCING SYSTEM IN THE  IMMEDIATELY  PRECEDING  ELECTION  CYCLE,
AGREE  NOT TO EXPEND FOR CAMPAIGN PURPOSES ANY PORTION OF ANY PRE-EXIST-
ING FUNDS RAISED FOR ANY PUBLIC OFFICE OR PARTY POSITION.    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.
  (H)  AGREE  NOT  TO  ACCEPT  CONTRIBUTIONS IN EXCESS OF THE LIMITS SET
FORTH IN SECTION 14-212 OF THIS TITLE.
  2. THE THRESHOLD FOR ELIGIBILITY FOR PUBLIC FUNDING FOR CANDIDATES  IN
A  PRIMARY,  GENERAL OR SPECIAL ELECTION FOR THE FOLLOWING OFFICES SHALL
BE:

A. 9281                             5

  (A) GOVERNOR IN A PRIMARY OR  GENERAL  ELECTION.  NOT  LESS  THAN  SIX
HUNDRED  FIFTY  THOUSAND DOLLARS FROM AT LEAST SIX THOUSAND FIVE HUNDRED
MATCHABLE CONTRIBUTIONS MADE UP OF SUMS  OF  UP  TO  TWO  HUNDRED  FIFTY
DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
  (B)  LIEUTENANT  GOVERNOR  IN  A  PRIMARY  ELECTION AND COMPTROLLER OR
ATTORNEY GENERAL IN A PRIMARY OR GENERAL ELECTION.   NOT LESS  THAN  TWO
HUNDRED  THOUSAND  DOLLARS FROM AT LEAST TWO THOUSAND MATCHABLE CONTRIB-
UTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY DOLLARS PER INDIVIDUAL
CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
  (C) MEMBERS OF THE STATE SENATE  IN  A  PRIMARY,  GENERAL  OR  SPECIAL
ELECTION.  NOT  LESS  THAN  TWENTY  THOUSAND  DOLLARS  FROM AT LEAST TWO
HUNDRED MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF  UP  TO  TWO  HUNDRED
FIFTY  DOLLARS  PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE
INCLUDING AT LEAST TEN THOUSAND DOLLARS FROM AT LEAST ONE HUNDRED  INDI-
VIDUAL  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.
NOT  LESS  THAN TEN THOUSAND DOLLARS FROM AT LEAST ONE HUNDRED MATCHABLE
CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO  HUNDRED  FIFTY  DOLLARS  PER
INDIVIDUAL  CONTRIBUTOR WHO RESIDES IN NEW YORK STATE INCLUDING AT LEAST
FIVE THOUSAND DOLLARS FROM AT LEAST FIFTY INDIVIDUALS WHO RESIDE IN  THE
ASSEMBLY  DISTRICT  OR RESIDE IN ANY PORTION OF ANY COUNTY WHICH CONSTI-
TUTES 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
GENERAL  ELECTION.  NOT  LESS THAN TWENTY THOUSAND DOLLARS FROM AT LEAST
TWO HUNDRED MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED
FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
  (F) DISTRICT DELEGATE TO A CONSTITUTIONAL CONVENTION IN A  PRIMARY  OR
GENERAL  ELECTION.  NOT  LESS  THAN  FIVE THOUSAND DOLLARS FROM AT LEAST
FIFTY MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY
DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN THE DISTRICT OR IN THE
CONSTITUENT COUNTY OR RESIDES IN ANY PORTION OF ANY COUNTY WHICH CONSTI-
TUTES ANY MEASURE OF THE DISTRICT IN WHICH THE SEAT IS TO BE FILLED.
  3. IN ORDER TO BE ELIGIBLE  TO  RECEIVE  PUBLIC  FUNDS  IN  A  PRIMARY
ELECTION  A  CANDIDATE MUST AGREE, THAT IN THE EVENT SUCH CANDIDATE IS A
CANDIDATE FOR SUCH OFFICE IN THE GENERAL ELECTION  IN  SUCH  YEAR,  THAT
SUCH CANDIDATE WILL BE BOUND BY THE PROVISIONS OF THIS TITLE, INCLUDING,
BUT NOT LIMITED TO, THE PUBLIC FUNDS RECEIPT LIMITS OF THIS TITLE.
  4.  CANDIDATES  WHO ARE CONTESTED IN A PRIMARY ELECTION AND WHO DO NOT
SEEK PUBLIC FUNDS SHALL NOT BE ELIGIBLE FOR PUBLIC FUNDS FOR THE GENERAL
ELECTION IN THAT YEAR. THE PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT
APPLY TO CANDIDATES FOR THE OFFICE OF LIEUTENANT GOVERNOR.
  5. CANDIDATES WHO ARE UNOPPOSED IN A GENERAL OR SPECIAL ELECTION SHALL
NOT BE ELIGIBLE TO RECEIVE PUBLIC FUNDS.
  6.  NO  CANDIDATE  FOR  ELECTION TO AN OFFICE IN A PRIMARY, GENERAL OR
SPECIAL ELECTION WHO HAS ELECTED TO PARTICIPATE IN THE PUBLIC  FINANCING
SYSTEM  SHALL BE DEEMED OPPOSED AND RECEIVE PUBLIC FUNDS UNLESS THERE IS
AT LEAST ONE OTHER CANDIDATE, AS DEFINED BY SUBDIVISION SEVEN OF SECTION
14-100 OF THIS ARTICLE FOR SUCH OFFICE IN SUCH ELECTION.
  S 14-208. QUALIFIED CAMPAIGN EXPENDITURES. 1.  PUBLIC  FUNDS  PROVIDED
UNDER  THE PROVISIONS OF THIS TITLE MAY ONLY BE USED FOR EXPENDITURES BY
THE PARTICIPATING COMMITTEE AUTHORIZED BY THE CANDIDATE TO MAKE EXPENDI-
TURES ON SUCH CANDIDATE'S BEHALF, TO FURTHER THE CANDIDATE'S  NOMINATION
OR ELECTION.
  2. SUCH PUBLIC FUNDS MAY NOT BE USED FOR:

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  (A)  AN EXPENDITURE IN VIOLATION OF ANY LAW OF THE UNITED STATES OR OF
THIS STATE;
  (B)  PAYMENTS  OR  ANYTHING OF VALUE GIVEN OR MADE TO THE CANDIDATE, A
RELATIVE OF THE CANDIDATE, OR TO A BUSINESS ENTITY  IN  WHICH  ANY  SUCH
PERSON  HAS  A TEN PERCENT OR GREATER OWNERSHIP INTEREST OR OF WHICH ANY
SUCH PERSON IS AN OFFICER, DIRECTOR OR EMPLOYEE IN EXCESS  OF  THE  FAIR
MARKET  VALUE OF SUCH SERVICES, MATERIALS, FACILITIES OR OTHER THINGS OF
VALUE RECEIVED IN EXCHANGE;
  (C) PAYMENT IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES, MATERIALS,
FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
  (D) ANY EXPENDITURE MADE AFTER THE  PARTICIPATING  CANDIDATE,  OR  THE
ONLY  REMAINING OPPONENT OF SUCH CANDIDATE, HAS BEEN DISQUALIFIED OR HAD
SUCH CANDIDATE'S PETITIONS DECLARED INVALID BY A BOARD OF ELECTIONS OR A
COURT OF  COMPETENT  JURISDICTION  UNTIL  AND  UNLESS  SUCH  FINDING  IS
REVERSED BY A HIGHER AUTHORITY.
  (E)  ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION,  ACCEPTANCE,
AUTHORIZATION, DECLINATION OR SUBSTITUTION;
  (F) EXPENDITURE FOR NONCAMPAIGN RELATED FOOD, DRINK OR ENTERTAINMENT;
  (G) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS, OR OTHER PRINTED CAMPAIGN
MATERIALS; AND
  (H) CONTRIBUTIONS OR TRANSFERS TO A POLITICAL COMMITTEE.
  S  14-210.  OPTIONAL PUBLIC FINANCING. 1. PARTICIPATING CANDIDATES FOR
NOMINATION OR ELECTION IN PRIMARY, GENERAL  AND  SPECIAL  ELECTIONS  MAY
OBTAIN PAYMENT TO A PARTICIPATING COMMITTEE FROM PUBLIC FUNDS FOR QUALI-
FIED  CAMPAIGN  EXPENDITURES.  NO  SUCH  PUBLIC FUNDS SHALL BE PAID TO A
PARTICIPATING COMMITTEE UNTIL THE CANDIDATE HAS QUALIFIED TO  APPEAR  ON
THE  BALLOT  AND  FILED  A  SWORN  STATEMENT  WITH THE BOARD ELECTING TO
PARTICIPATE IN THE OPTIONAL PUBLIC  FINANCING  SYSTEM  AND  AGREEING  TO
ABIDE  BY THE REQUIREMENTS OF THIS TITLE.  PAYMENTS SHALL NOT EXCEED THE
AMOUNTS SPECIFIED IN THIS TITLE, AND SHALL BE MADE  ONLY  IN  ACCORDANCE
WITH  THE  PROVISIONS OF THIS TITLE. SUCH PAYMENTS MAY ONLY BE MADE TO A
PARTICIPATING CANDIDATE'S PARTICIPATING COMMITTEE. NO PUBLIC FUNDS SHALL
BE USED EXCEPT  AS  REIMBURSEMENT  OR  PAYMENT  FOR  QUALIFIED  CAMPAIGN
EXPENDITURES  ACTUALLY  AND  LAWFULLY INCURRED OR TO REPAY LOANS USED TO
PAY QUALIFIED CAMPAIGN EXPENDITURES.
  2. THE PARTICIPATING COMMITTEE OF EACH PARTICIPATING  CANDIDATE  SHALL
BE ENTITLED TO SIX DOLLARS IN PUBLIC FUNDS FOR EACH ONE DOLLAR OF MATCH-
ABLE CONTRIBUTIONS OBTAINED AND REPORTED TO THE BOARD IN ACCORDANCE WITH
THE PROVISIONS OF THIS TITLE, PROVIDED, HOWEVER, SUCH PUBLIC FUNDS SHALL
ONLY BE USED FOR QUALIFIED CAMPAIGN EXPENDITURES.
  3.  (A) NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS
UNOPPOSED IN A PRIMARY ELECTION SHALL BE ENTITLED TO  PAYMENT  FROM  THE
FUND FOR QUALIFIED CAMPAIGN EXPENDITURES.
  (B)  WHERE THERE IS A CONTEST IN SUCH PRIMARY FOR THE NOMINATION OF AT
LEAST ONE OTHER PARTY FOR SUCH OFFICE, THE PARTICIPATING COMMITTEE OF AN
UNOPPOSED PARTICIPATING CANDIDATE FOR NOMINATION MAY RAISE AND SPEND  AN
AMOUNT EQUAL TO ONE-HALF THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE,
AS  FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
FUNDS, WITH CONTRIBUTIONS OF UP TO TWO THOUSAND DOLLARS PER CONTRIBUTOR.
SUCH PAYMENT CAN ONLY BE EXPENDED FOR PROPERTY, SERVICES  OR  FACILITIES
USED ON OR BEFORE THE DATE OF SUCH PRIMARY ELECTION.
  4.  THE  BOARD  SHALL PROMPTLY EXAMINE ALL REPORTS OF CONTRIBUTIONS TO
DETERMINE WHETHER, ON THEIR FACE, THEY MEET THE REQUIREMENTS FOR MATCHA-
BLE CONTRIBUTIONS, AND SHALL KEEP A RECORD OF SUCH CONTRIBUTIONS.

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  5. 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 TWO BUSINESS DAYS AFTER RECEIPT OF  THE  REQUIRED  FORMS
AND VERIFICATIONS.
  S  14-212.  CONTRIBUTION  AND RECEIPT LIMITATIONS. 1.  IN ANY PRIMARY,
SPECIAL OR GENERAL ELECTION FOR ANY STATEWIDE OFFICE, STATE  LEGISLATIVE
OFFICE  OR  CONSTITUTIONAL CONVENTION DELEGATE NO CONTRIBUTOR MAY MAKE A
CONTRIBUTION TO ANY PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S  PARTIC-
IPATING  COMMITTEE,  AND  NO  PARTICIPATING  CANDIDATE  OR PARTICIPATING
COMMITTEE MAY ACCEPT ANY CONTRIBUTION FROM ANY CONTRIBUTOR WHICH, IN THE
AGGREGATE AMOUNT, IS GREATER THAN TWO THOUSAND DOLLARS.
  2. (A) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH  OFFICE
AS  FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
FUNDS, A PARTICIPATING CANDIDATE FOR GOVERNOR OR LIEUTENANT GOVERNOR  IN
A  PRIMARY OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING COMMIT-
TEE MAY ACCEPT FROM A STATE CONSTITUTED COMMITTEE  WHICH  HAS  NOMINATED
SUCH  CANDIDATE  SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT
EXCEED TWO MILLION FIVE HUNDRED  THOUSAND  DOLLARS;  PROVIDED,  HOWEVER,
THAT TWENTY-FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A
TRANSFER.
  (B)  NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS
FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE  ELECTED  TO  ACCEPT  PUBLIC
FUNDS,  A PARTICIPATING CANDIDATE FOR ATTORNEY GENERAL OR COMPTROLLER IN
A PRIMARY OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING  COMMIT-
TEE  MAY  ACCEPT  FROM A STATE CONSTITUTED COMMITTEE WHICH HAS NOMINATED
SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE,  DOES  NOT
EXCEED  ONE MILLION DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE PERCENT
OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (C) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE  AS
FIXED  BY  THIS  TITLE  FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
FUNDS, A PARTICIPATING CANDIDATE FOR STATE SENATOR IN A PRIMARY, GENERAL
OR SPECIAL ELECTION OR  SUCH  CANDIDATE'S  PARTICIPATING  COMMITTEE  MAY
ACCEPT  FROM  A  STATE  CONSTITUTED  COMMITTEE  WHICH HAS NOMINATED SUCH
CANDIDATE SERVICES IN   AN AMOUNT WHICH,  IN  THE  AGGREGATE,  DOES  NOT
EXCEED ONE HUNDRED THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE
PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (D)  NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS
FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE  ELECTED  TO  ACCEPT  PUBLIC
FUNDS,  A PARTICIPATING CANDIDATE FOR MEMBER OF THE ASSEMBLY IN A PRIMA-
RY, GENERAL  OR  SPECIAL  ELECTION  OR  SUCH  CANDIDATE'S  PARTICIPATING
COMMITTEE  MAY ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS NOMI-
NATED SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES
NOT EXCEED FIFTY THOUSAND DOLLARS; PROVIDED, HOWEVER,  THAT  TWENTY-FIVE
PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (E)  NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS
FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE  ELECTED  TO  ACCEPT  PUBLIC
FUNDS,  A  PARTICIPATING  CANDIDATE FOR DELEGATE AT-LARGE TO A CONSTITU-
TIONAL CONVENTION IN A GENERAL ELECTION OR SUCH CANDIDATE'S  PARTICIPAT-
ING  COMMITTEE  MAY  ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS
NOMINATED SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE  AGGREGATE,

A. 9281                             8

DOES  NOT EXCEED FIFTY THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-
FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
  (F)  NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS
FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE  ELECTED  TO  ACCEPT  PUBLIC
FUNDS,  A  PARTICIPATING  CANDIDATE FOR DISTRICT DELEGATE TO A CONSTITU-
TIONAL CONVENTION IN A GENERAL ELECTION OR SUCH CANDIDATE'S  PARTICIPAT-
ING  COMMITTEE  MAY  ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS
NOMINATED SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE  AGGREGATE,
DOES   NOT   EXCEED   TEN  THOUSAND  DOLLARS;  PROVIDED,  HOWEVER,  THAT
TWENTY-FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED  IN  THE  FORM  OF  A
TRANSFER.
  (G)  FOR  PURPOSES  OF  THIS  SUBDIVISION,  THE TERM STATE CONSTITUTED
COMMITTEE INCLUDES ANY OF ITS SUBCOMMITTEES.
  3. NOTWITHSTANDING ANY PUBLIC FUNDS RECEIPT LIMIT IN THIS SUBDIVISION,
EACH COUNTY COMMITTEE OF ANY  PARTY  WHICH  NOMINATES  A  CANDIDATE  FOR
STATEWIDE  OFFICE OR STATE LEGISLATIVE OFFICE, INCLUDING WITHIN THE TERM
COUNTY COMMITTEE ANY OF ITS SUBCOMMITTEES, MAY EXPEND IN SUPPORT OF SUCH
PARTY'S CANDIDATES FOR STATEWIDE OFFICE OR STATE LEGISLATIVE OFFICE  WHO
HAS  AGREED TO ACCEPT PUBLIC FINANCING, AN AMOUNT WHICH SHALL NOT EXCEED
THE SUM OF TWO CENTS FOR EACH VOTER REGISTERED IN SUCH COUNTY AS  DETER-
MINED  BY  THE  RECORDS  OF THE APPROPRIATE BOARD OF ELECTIONS AS OF THE
PRECEDING GENERAL ELECTION.
  4. IN COMPUTING THE AGGREGATE AMOUNT EXPENDED  FOR  PURPOSES  OF  THIS
SECTION,  EXPENDITURES MADE BY A STATE CONSTITUTED COMMITTEE OR A COUNTY
COMMITTEE IN SUPPORT OF MORE THAN ONE CANDIDATE SHALL BE ALLOCATED AMONG
SUCH CANDIDATES SUPPORTED BY THE COMMITTEE IN ACCORDANCE  WITH  FORMULAS
PROMULGATED  BY  THE BOARD OR, IN THE ABSENCE OF SUCH OFFICIAL FORMULAS,
IN ACCORDANCE WITH A FORMULA BASED UPON REASONABLE STANDARDS. THE STATE-
MENTS FILED BY SUCH CONSTITUTED COMMITTEE IN ACCORDANCE WITH THIS  CHAP-
TER  SHALL SET FORTH, IN ADDITION TO THE OTHER INFORMATION REQUIRED, THE
TOTAL AMOUNT EXPENDED BY THE PARTY  COMMITTEE  ON  BEHALF  OF  ALL  SUCH
CANDIDATES  AND  THE AMOUNT ALLOCATED TO EACH CANDIDATE BY DOLLAR AMOUNT
AND PERCENTAGE.  EXPENDITURES BY A PARTY FOR  ACTIVITIES  WHICH  DO  NOT
SUPPORT OR OPPOSE THE ELECTION OF ANY CANDIDATE OR CANDIDATES BY NAME OR
BY CLEAR INFERENCE SHALL NOT BE REGARDED AS EXPENDITURES ON BEHALF OF OR
IN OPPOSITION TO A CANDIDATE.
  5.  A  PARTICIPATING  CANDIDATE  FOR  A PUBLIC OFFICE FOR WHICH PUBLIC
FUNDS ARE AVAILABLE PURSUANT TO THIS TITLE SHALL NOT ACCEPT ANY CONTRIB-
UTIONS ANY EARLIER THAN ONE DAY AFTER THE PREVIOUS GENERAL ELECTION  FOR
THE OFFICE WHICH SUCH CANDIDATE IS SEEKING, OR ANY LATER THAN THE DAY OF
THE  GENERAL ELECTION FOR THE OFFICE SOUGHT, EXCEPT THAT A PARTICIPATING
CANDIDATE OR PARTICIPATING COMMITTEE WHICH HAS A DEFICIT ON THE  DAY  OF
THE GENERAL ELECTION MAY, AFTER SUCH DATE, ACCEPT CONTRIBUTIONS WHICH DO
NOT EXCEED THE AMOUNT OF SUCH DEFICIT AND THE EXPENSES INCURRED IN RAIS-
ING SUCH CONTRIBUTIONS OR THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED
BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS.
  6.  EXCEPT FOR THE LIMITATIONS SPECIFICALLY SET FORTH IN THIS SECTION,
PARTICIPATING CANDIDATES SHALL BE SUBJECT  TO  THE  PROVISIONS  OF  THIS
ARTICLE.
  S  14-214.  LIMITATIONS ON THE RECEIPT OF PUBLIC FUNDS.  THE FOLLOWING
LIMITATIONS APPLY TO THE TOTAL  AMOUNT  OF  PUBLIC  FUNDS  THAT  MAY  BE
PROVIDED  TO  A  PARTICIPATING  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 NINE MILLION DOLLARS;

A. 9281                             9

  (II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
OF SIX MILLION DOLLARS;
  (III) FOR SENATOR, THE SUM OF THREE HUNDRED FIFTY THOUSAND DOLLARS;
  (IV) FOR MEMBER OF THE ASSEMBLY, THE SUM OF ONE HUNDRED FIFTY THOUSAND
DOLLARS;
  (V)  FOR  AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION, THE SUM OF
ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS;
  (VI) FOR DISTRICT DELEGATES TO A CONSTITUTIONAL CONVENTION, THE SUM OF
FIFTY THOUSAND DOLLARS;
  2. IN ANY GENERAL OR SPECIAL ELECTION,  RECEIPT  OF  PUBLIC  FUNDS  BY
PARTICIPATING  CANDIDATES FOR THE FOLLOWING OFFICES AND BY THEIR PARTIC-
IPATING COMMITTEES SHALL NOT EXCEED THE FOLLOWING AMOUNTS:
  CANDIDATES FOR ELECTION TO THE OFFICE OF:
  GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED)                $12,000,000
  ATTORNEY GENERAL                                           $8,000,000
  COMPTROLLER                                                $8,000,000
  MEMBER OF SENATE                                           $400,000
  MEMBER OF ASSEMBLY                                         $200,000
  DELEGATE AT-LARGE TO A CONSTITUTIONAL CONVENTION           $350,000
  DISTRICT DELEGATE TO A CONSTITUTIONAL CONVENTION           $75,000
  3. PARTICIPATING CANDIDATES FOR OFFICE WHO ARE UNOPPOSED IN THE PRIMA-
RY ELECTION MAY RECEIVE PUBLIC FUNDS BEFORE THE  PRIMARY  ELECTION,  FOR
SERVICES,  MATERIALS  OR  FACILITIES  USED ON OR BEFORE THE DATE OF SUCH
PRIMARY ELECTION, AN AMOUNT EQUAL TO HALF THE SUM SUCH CANDIDATES  WOULD
BE ENTITLED TO RECEIVE IF THEIR NOMINATION WAS CONTESTED IN SUCH PRIMARY
ELECTION  PROVIDED  THERE  IS A PRIMARY CONTEST FOR THE NOMINATION OF AT
LEAST ONE OTHER PARTY FOR SUCH OFFICE.
  4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  AMOUNT  OF
PRIVATE  FUNDS  A  PARTICIPATING  CANDIDATE  MAY  RECEIVE SUBJECT TO THE
CONTRIBUTION LIMITS CONTAINED IN SECTION 14-212 OF THIS TITLE.
  5. AT THE BEGINNING OF EACH SECOND CALENDAR YEAR,  COMMENCING  IN  TWO
THOUSAND  SIXTEEN,  THE  BOARD  SHALL  DETERMINE  THE  PERCENTAGE OF THE
DIFFERENCE BETWEEN THE MOST  RECENT  AVAILABLE  MONTHLY  CONSUMER  PRICE
INDEX  FOR ALL URBAN CONSUMERS PUBLISHED BY THE 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  RECEIPT
LIMITATION FIXED IN THIS SECTION SHALL BE ADJUSTED BY THE AMOUNT OF SUCH
PERCENTAGE  DIFFERENCE  TO  THE CLOSEST ONE HUNDRED DOLLARS BY THE 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 PUBLIC FUND RECEIPT LIMIT AS SO ADJUSTED SHALL BE THE PUBLIC
FUNDS RECEIPT LIMIT IN EFFECT FOR ANY ELECTION HELD BEFORE THE NEXT SUCH
ADJUSTMENT.
  S 14-216. STATE BOARD; GENERAL POWERS AND DUTIES.  1. THE BOARD SHALL:
  (A)  (I)  RENDER  ADVISORY  OPINIONS WITH RESPECT TO QUESTIONS ARISING
UNDER THIS ARTICLE 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 BOARD AND ITS ADVISORY
OPINIONS, INCLUDING BY PUBLICATION ON ITS WEBSITE;
  (B) DEVELOP A PROGRAM FOR INFORMING AND TRAINING  CANDIDATES  AND  THE
PUBLIC  AS  TO  THE  PURPOSE AND EFFECT OF THE PROVISIONS OF THIS TITLE,
INCLUDING BY MEANS OF A WEBSITE;

A. 9281                            10

  (C) HAVE THE AUTHORITY TO PROMULGATE SUCH RULES  AND  REGULATIONS  AND
PRESCRIBE SUCH FORMS AS THE BOARD DEEMS NECESSARY FOR THE ADMINISTRATION
OF THIS TITLE; AND
  (D)  DEVELOP  AN  INTERACTIVE, SEARCHABLE COMPUTER DATABASE THAT SHALL
CONTAIN ALL INFORMATION NECESSARY FOR THE PROPER ADMINISTRATION OF  THIS
TITLE  INCLUDING  INFORMATION  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 BOARD'S
WEBSITE.
  2. THE BOARD'S ADMINISTRATION OF THE FUND SHALL  BE  GOVERNED  BY  THE
PROVISIONS  OF  THIS TITLE AND SECTION NINETY-TWO-T OF THE STATE FINANCE
LAW.
  3. THE BOARD MAY TAKE SUCH OTHER ACTIONS AS ARE NECESSARY  AND  PROPER
TO CARRY OUT THE PURPOSES OF THIS TITLE.
  S 14-218. EXAMINATIONS AND AUDITS. 1. THE BOARD MAY CONDUCT A THOROUGH
EXAMINATION  AND  PRE-ELECTION  AUDIT OF THE CONTRIBUTIONS AND QUALIFIED
CAMPAIGN EXPENSES OF THE PARTICIPATING COMMITTEE OF EVERY  PARTICIPATING
CANDIDATE  WHO  RECEIVED  PAYMENTS  PURSUANT  TO  SECTION 14-210 OF THIS
TITLE.  SUCH AUDITS SHALL BE CONDUCTED AS FREQUENTLY AS THE BOARD  DEEMS
NECESSARY  TO ENSURE COMPLIANCE WITH THIS TITLE. THE BOARD SHALL NOTIFY,
IN WRITING, ANY CANDIDATE'S AUTHORIZED COMMITTEE PRIOR TO THE  COMMENCE-
MENT OF SUCH PRE-ELECTION AUDIT. NO PRE-ELECTION AUDIT SHALL COMMENCE IN
THE ABSENCE OF THE NOTICE REQUIREMENT OF THIS SUBDIVISION.  EVERY CANDI-
DATE  WHO  RECEIVES PUBLIC MATCHING FUNDS UNDER THIS TITLE SHALL ALSO BE
AUDITED BY THE BOARD POST-ELECTION. THE COST OF COMPLYING WITH A POST-E-
LECTION AUDIT SHALL BE BORNE BY THE CANDIDATE'S AUTHORIZED COMMITTEE.  A
CANDIDATE  WHO  HAS RECEIVED PUBLIC MATCHING FUNDS UNDER THIS TITLE MUST
MAINTAIN A RESERVE OF AT LEAST ONE PERCENT OF THE TOTAL AMOUNT OF MATCH-
ING FUNDS RECEIVED BY SUCH CANDIDATE IN HIS OR HER CAMPAIGN  ACCOUNT  TO
COMPLY  WITH  THE  POST-ELECTION  AUDIT.  A CANDIDATE WHO RUNS IN BOTH A
PRIMARY AND A GENERAL ELECTION, MUST MAINTAIN A RESERVE OF  ONE  PERCENT
OF  THE TOTAL AMOUNT OF PUBLIC MATCHING FUNDS RECEIVED BY SUCH CANDIDATE
FOR BOTH HIS OR HER PRIMARY AND GENERAL ELECTION. A  CANDIDATE  MAY  USE
PUBLIC  MATCHING  FUNDS,  PRIVATE  FUNDS  OR A COMBINATION OF PUBLIC AND
PRIVATE FUNDS TO COMPLY WITH A  POST-ELECTION  AUDIT.  THE  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  BOARD'S
WEBSITE.   FINAL POST-ELECTION AUDIT REPORTS SHALL BE COMPLETED NO LATER
THAN TWELVE MONTHS AFTER THE DATE OF THE ELECTION OR ELECTIONS FOR WHICH
THE CANDIDATE RECEIVED PUBLIC FUNDS. THIS AUDIT DEADLINE SHALL NOT APPLY
IN CASES INVOLVING POTENTIAL CAMPAIGN-RELATED FRAUD, KNOWING AND WILLFUL
VIOLATIONS OF THIS ARTICLE OR CRIMINAL ACTIVITY.
  2. (A) IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO
A PARTICIPATING COMMITTEE FROM THE FUND WAS IN EXCESS OF  THE  AGGREGATE
AMOUNT  OF PAYMENTS TO WHICH SUCH ELIGIBLE CANDIDATE WAS ENTITLED PURSU-
ANT TO SECTION 14-210 OF THIS TITLE, IT SHALL NOTIFY SUCH  COMMITTEE  OF
THE  EXCESS  AMOUNT  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 DUE TO AN ERROR MADE BY THE BOARD, THEN THE ERRO-
NEOUS PAYMENT WILL BE OFFSET AGAINST ANY FUTURE  PAYMENT,  IF  ANY.  THE
PARTICIPATING  CANDIDATE AND HIS OR HER PARTICIPATING COMMITTEE SHALL BE
JOINTLY AND SEVERALLY LIABLE FOR ANY REPAYMENTS DUE  TO  THE  BOARD  FOR
DEPOSIT BY SUCH BOARD INTO THE NEW YORK STATE FAIR ELECTIONS FUND.
  (B)  IF  THE  BOARD  DETERMINES  THAT  ANY AMOUNT OF PAYMENT MADE TO A
PARTICIPATING COMMITTEE FROM THE FUND WAS USED FOR PURPOSES  OTHER  THAN

A. 9281                            11

TO  DEFRAY QUALIFIED CAMPAIGN EXPENSES, IT SHALL NOTIFY SUCH PARTICIPAT-
ING COMMITTEE OF THE AMOUNT DISQUALIFIED AND SUCH PARTICIPATING  COMMIT-
TEE  SHALL PAY TO THE BOARD AN AMOUNT EQUAL TO SUCH DISQUALIFIED AMOUNT.
SUCH  MONIES  SHALL  BE DEPOSITED INTO THE NEW YORK STATE FAIR ELECTIONS
FUND CREATED PURSUANT TO SECTION NINETY-TWO-T 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 BOARD.
  (C) IF THE TOTAL OF CONTRIBUTIONS AND PAYMENTS FROM THE FUND  RECEIVED
BY  ANY  PARTICIPATING  CANDIDATE  AND  SUCH  CANDIDATE'S  PARTICIPATING
COMMITTEE, EXCEEDS THE PUBLIC FUNDING RECEIPT LIMITATION OF SUCH  CANDI-
DATE  AND  COMMITTEE, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS
FUNDS TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH COMMITTEE FROM
THE FUND NOT LATER THAN TEN DAYS AFTER ALL PERMISSIBLE LIABILITIES  HAVE
BEEN PAID AND IN ANY EVENT, NOT LATER THAN TWENTY DAYS AFTER THE DATE ON
WHICH  THE  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  BOARD  FOR  DEPOSIT INTO THE NEW YORK STATE FAIR ELECTIONS FUND
UPON ITS DETERMINATION THAT THE PARTICIPANT WILLFULLY DELAYED THE  POST-
ELECTION AUDIT PROCESS. A PARTICIPATING CANDIDATE MAY MAKE POST-ELECTION
EXPENDITURES ONLY FOR ROUTINE ACTIVITIES INVOLVING NOMINAL COSTS ASSOCI-
ATED  WITH  ENDING A CAMPAIGN AND RESPONDING TO THE POST-ELECTION AUDIT.
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE POST-ELECTION
EXPENDITURE OF PUBLIC FUNDS FOR DEBTS INCURRED DURING THE  CAMPAIGN  FOR
WHICH PUBLIC FUNDS WERE ELIGIBLE TO BE USED.
  3. IF A COURT OF COMPETENT JURISDICTION DISQUALIFIES A CANDIDATE WHOSE
PARTICIPATING  COMMITTEE  HAS  RECEIVED PUBLIC FUNDS ON THE GROUNDS THAT
SUCH CANDIDATE COMMITTED FRAUDULENT ACTS IN ORDER TO OBTAIN A  PLACE  ON
THE  BALLOT  AND  SUCH  DECISION IS NOT REVERSED BY A HIGHER COURT, SUCH
CANDIDATE AND SUCH CANDIDATE'S PARTICIPATING COMMITTEE SHALL PAY TO  THE
BOARD  AN  AMOUNT  EQUAL  TO  THE TOTAL OF PUBLIC FUNDS RECEIVED BY SUCH
PARTICIPATING COMMITTEE.
  4. THE BOARD MUST PROVIDE WRITTEN NOTICE OF ALL PAYMENTS  DUE  FROM  A
PARTICIPATING  CANDIDATE  OR SUCH CANDIDATE'S COMMITTEE TO THE BOARD AND
PROVIDE AN OPPORTUNITY FOR THE CANDIDATE OR COMMITTEE TO REBUT, IN WHOLE
OR IN PART, THE ALLEGED AMOUNT DUE. UPON A FINAL  WRITTEN  DETERMINATION
BY  THE  BOARD,  THE AMOUNT DUE SHALL BE PAID TO THE BOARD WITHIN THIRTY
DAYS OF SUCH DETERMINATION.
  5. ALL PAYMENTS RECEIVED BY THE BOARD PURSUANT TO THIS  SECTION  SHALL
BE  DEPOSITED  IN  THE NEW YORK STATE FAIR ELECTIONS FUND ESTABLISHED BY
SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  6. ANY ADVICE PROVIDED BY THE STAFF OR  MEMBERS  OF  THE  BOARD  TO  A
PARTICIPATING  OR  NON-PARTICIPATING  CANDIDATE  IN  CONNECTION WITH ANY
ACTION UNDER THIS ARTICLE, WHEN RELIED UPON  IN  GOOD  FAITH,  SHALL  BE
PRESUMPTIVE EVIDENCE THAT SUCH CANDIDATE OR HIS OR HER COMMITTEE DID NOT
KNOWINGLY AND WILLFULLY VIOLATE THE PROVISIONS OF THIS ARTICLE.
  S  14-220.  CIVIL  PENALTY.  1. ANY PERSON OR AUTHORIZED COMMITTEE WHO
KNOWINGLY AND WILFULLY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS
OF THIS TITLE SHALL BE SUBJECT TO A CIVIL  PENALTY  NOT  TO  EXCEED  THE
AMOUNT OF FIVE THOUSAND DOLLARS.
  2.  ANY PERSON OR AUTHORIZED COMMITTEE WHO KNOWINGLY AND INTENTIONALLY
VIOLATES ANY OTHER PROVISION OF THIS TITLE OR ANY RULE PROMULGATED HERE-
UNDER SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED  THE  AMOUNT  OF
TEN THOUSAND DOLLARS.

A. 9281                            12

  3.  ALL PAYMENTS RECOVERED BY THE BOARD PURSUANT TO THIS SECTION SHALL
BE DEPOSITED IN THE NEW YORK STATE FAIR ELECTIONS  FUND  ESTABLISHED  BY
SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  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 AND WILLFULLY MAKES A FALSE STATEMENT OR
KNOWINGLY OMITS A MATERIAL FACT TO THE BOARD OR AN AUDITOR DESIGNATED BY
THE BOARD DURING ANY AUDIT CONDUCTED PURSUANT TO SECTION 14-218 OF  THIS
TITLE SHALL BE GUILTY OF A CLASS E FELONY.
  4.  IN  ADDITION TO ANY OTHER SENTENCE LAWFULLY IMPOSED UPON A FINDING
OF GUILT IN A CRIMINAL PROSECUTION COMMENCED PURSUANT TO THE  PROVISIONS
OF  THIS  SECTION, THE COURT MAY ORDER A DEFENDANT TO REPAY TO THE BOARD
ANY PUBLIC MATCHING FUNDS OBTAINED AS A RESULT OF ANY CRIMINAL CONDUCT.
  5. ALL SUCH PROSECUTIONS FOR CRIMINAL ACTS UNDER THIS TITLE  SHALL  BE
PROSECUTED  BY  THE ATTORNEY GENERAL OF THE STATE OF NEW YORK; PROVIDED,
HOWEVER, WHERE REASONABLE CAUSE EXISTS TO BELIEVE THAT A  CANDIDATE  FOR
THE  OFFICE OF ATTORNEY GENERAL HAS VIOLATED ANY PROVISION OF THIS CHAP-
TER, THE STATE BOARD SHALL REFER THE MATTER TO THE DISTRICT ATTORNEY  OF
THE APPROPRIATE COUNTY.
  6.  ANY  AND  ALL FINES IMPOSED PURSUANT TO THIS SECTION SHALL BE MADE
PAYABLE TO THE BOARD FOR DEPOSIT INTO THE NEW YORK STATE FAIR  ELECTIONS
FUND.
  S 14-224. REPORTS. THE BOARD SHALL SUBMIT A REPORT TO THE GOVERNOR AND
LEGISLATIVE LEADERS ON OR BEFORE FEBRUARY FIRST, TWO THOUSAND SEVENTEEN,
AND EVERY FOUR YEARS THEREAFTER, WHICH SHALL INCLUDE:
  1.  A  LIST  OF  THE  PARTICIPATING AND NONPARTICIPATING CANDIDATES IN
COVERED ELECTIONS AND THE VOTES RECEIVED  BY  EACH  CANDIDATE  IN  THOSE
ELECTIONS;
  2.  THE  AMOUNT  OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES
MADE, ON BEHALF OF PARTICIPATING AND NONPARTICIPATING CANDIDATES;
  3. THE AMOUNT OF PUBLIC MATCHING FUNDS  EACH  PARTICIPATING  CANDIDATE
RECEIVED, SPENT, AND REPAID PURSUANT TO THIS ARTICLE;
  4.  ANALYSIS OF THE EFFECT OF THIS TITLE ON THE ELECTION CAMPAIGNS FOR
ALL OFFICES COVERED UNDER SECTION 14-206 OF THIS  TITLE,  INCLUDING  ITS
EFFECT  ON  THE  SOURCES  AND AMOUNTS OF PRIVATE FINANCING, THE LEVEL OF
CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE  NUMBER  OF  CANDIDATES,
THE CANDIDATES' ABILITIES TO CAMPAIGN EFFECTIVELY FOR PUBLIC OFFICE, AND
THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
  5.  RECOMMENDATIONS FOR CHANGES OR AMENDMENTS TO THIS TITLE, INCLUDING
CHARGES IN CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY AND LIMITS ON
TOTAL MATCHING FUNDS AS WELL AS INSTITUTING A  PROGRAM  OF  FULL  PUBLIC
CAMPAIGN FINANCING FOR ELECTION FOR ALL STATEWIDE OFFICES; AND
  6. ANY OTHER INFORMATION THAT THE BOARD DEEMS RELEVANT.
  S  14-226.  DEBATES. THE BOARD SHALL PROMULGATE REGULATIONS TO FACILI-
TATE DEBATES AMONG PARTICIPATING CANDIDATES.   PARTICIPATING  CANDIDATES
ARE  REQUIRED  TO  PARTICIPATE IN AT LEAST ONE DEBATE BEFORE THE PRIMARY

A. 9281                            13

ELECTION AND IN AT LEAST ONE DEBATE  BEFORE  THE  GENERAL  ELECTION  FOR
WHICH  THE  CANDIDATE  RECEIVES  PUBLIC  FUNDS, UNLESS THE PARTICIPATING
CANDIDATE IS RUNNING UNOPPOSED. A NONPARTICIPATING CANDIDATE  MAY  BE  A
PARTY TO SUCH DEBATES.
  S  14-228.  DISTRIBUTIONS  FROM  FAIR  ELECTIONS FUND. 1. THIS SECTION
GOVERNS THE BOARD'S DISTRIBUTION  OF FUNDS FROM THE NEW YORK STATE  FAIR
ELECTIONS FUND CREATED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW,
EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE.
  2.  NO  MONEYS  SHALL BE PAID TO PARTICIPATING CANDIDATES IN A PRIMARY
ELECTION ANY EARLIER THAN TWO WEEKS AFTER THE LAST DAY TO FILE DESIGNAT-
ING PETITIONS FOR SUCH PRIMARY ELECTION.
  3. NO MONEYS SHALL BE PAID TO PARTICIPATING CANDIDATES  IN  A  GENERAL
ELECTION  ANY  EARLIER  THAN  A  WEEK AFTER THE PRIMARY ELECTION HELD TO
NOMINATE CANDIDATES FOR SUCH ELECTION.
  4. NO MONEYS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO HAS BEEN
DISQUALIFIED BY THE BOARD  OR  WHOSE  DESIGNATING  PETITIONS  HAVE  BEEN
DECLARED INVALID BY THE BOARD OR A COURT OF COMPETENT JURISDICTION UNTIL
AND UNLESS SUCH FINDING IS REVERSED BY AN APPELLATE COURT.
  5.  NO  PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDIDATE OR
SUCH A CANDIDATE'S AUTHORIZED COMMITTEE ON THE DATE  OF  SUCH  DISQUALI-
FICATION  OR  INVALIDATION  MAY  THEREAFTER  BE EXPENDED FOR ANY PURPOSE
EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE THAT DATE. ALL  EXCESS
PUBLIC  MONEYS PAID TO A DISQUALIFIED CANDIDATE SHALL BE RETURNED TO THE
FUND NOT LESS THAN THIRTY DAYS AFTER  THE  GENERAL  ELECTION  FOR  THOSE
PARTICIPATING  CANDIDATES  WHO  RECEIVED  PUBLIC  MONEYS FOR THE GENERAL
ELECTION, AND OTHERWISE, NOT LESS THAN THIRTY  DAYS  AFTER  THE  PRIMARY
ELECTION  FOR  THOSE PARTICIPATING CANDIDATES WHO RECEIVED PUBLIC MONEYS
SOLELY FOR THE PRIMARY ELECTION.
  6. (A) PARTICIPATING CANDIDATES SHALL PAY TO THE BOARD UNSPENT  PUBLIC
CAMPAIGN  FUNDS  FROM  AN  ELECTION NOT LATER THAN THIRTY DAYS AFTER ALL
LIABILITIES FOR THE ELECTION HAVE BEEN PAID AND, IN ANY EVENT, NOT  LESS
THAN  TWENTY  DAYS  AFTER THE DATE UPON WHICH THE BOARD ISSUES ITS FINAL
AUDIT REPORT FOR  THE  PARTICIPATING  CANDIDATE'S  COMMITTEE;  PROVIDED,
HOWEVER,  THAT  ALL  UNSPENT  PUBLIC  CAMPAIGN FUNDS FOR A PARTICIPATING
CANDIDATE SHALL BE IMMEDIATELY DUE AND PAYABLE TO  THE  BOARD  UPON  ITS
DETERMINATION  THAT THE PARTICIPATING CANDIDATE HAS, WITHOUT JUST CAUSE,
DELAYED THE POST-ELECTION AUDIT PROCESS. UNSPENT CAMPAIGN FUNDS DETERMI-
NATIONS MADE BY THE BOARD SHALL BE BASED ON THE PARTICIPATING  CANDIDATE
COMMITTEE'S  RECEIPTS  AND EXPENDITURES. THE BOARD MAY ALSO CONSIDER ANY
OTHER RELEVANT INFORMATION REVEALED IN  THE  COURSE  OF  ITS  AUDITS  OR
INVESTIGATIONS OR THE INVESTIGATIONS BY ANY OTHER AGENCY.
  (B)(I)  A PARTICIPATING CANDIDATE MAY NOT USE RECEIPTS FOR ANY PURPOSE
OTHER THAN DISBURSEMENTS IN THE PRECEDING  ELECTION  UNTIL  ALL  UNSPENT
PUBLIC  CAMPAIGN FUNDS HAVE BEEN REPAID. A PARTICIPATING CANDIDATE SHALL
HAVE THE BURDEN OF DEMONSTRATING THAT A POST-ELECTION EXPENDITURE IS FOR
THE PRECEDING ELECTION.
  (II) BEFORE REPAYING UNSPENT PUBLIC CAMPAIGN  FUNDS,  A  PARTICIPATING
CANDIDATE  MAY  MAKE  POST-ELECTION EXPENDITURES ONLY FOR ROUTINE ACTIV-
ITIES INVOLVING NOMINAL COSTS ASSOCIATED WITH WINDING UP A CAMPAIGN  AND
RESPONDING  TO  THE  POST-ELECTION AUDIT. SUCH EXPENDITURES MAY INCLUDE:
PAYMENT OF  UTILITY  BILLS  AND  RENT;  REASONABLE  STAFF  SALARIES  AND
CONSULTANT  FEES  FOR  RESPONDING  TO  A POST-ELECTION AUDIT; REASONABLE
MOVING EXPENSES RELATED TO CLOSING A CAMPAIGN  OFFICE;  A  HOLIDAY  CARD
MAILING  TO  CONTRIBUTORS, CAMPAIGN VOLUNTEERS, AND STAFF MEMBERS; THANK
YOU NOTES FOR CONTRIBUTORS,  CAMPAIGN  VOLUNTEERS,  AND  STAFF  MEMBERS;
PAYMENT  OF  TAXES  AND  OTHER  REASONABLE  EXPENSES FOR COMPLIANCE WITH

A. 9281                            14

APPLICABLE  TAX  LAWS;  AND  INTEREST  EXPENSES.  ROUTINE  POST-ELECTION
EXPENDITURES  THAT  MAY  BE  PAID FOR WITH UNSPENT CAMPAIGN FUNDS DO NOT
INCLUDE SUCH ITEMS AS POST-ELECTION MAILINGS OTHER THAN AS  SPECIFICALLY
PROVIDED  FOR  IN  THIS SUBPARAGRAPH; MAKING CONTRIBUTIONS; MAKING BONUS
PAYMENTS OR GIFTS TO STAFF MEMBERS OR VOLUNTEERS; OR HOLDING ANY POST-E-
LECTION DAY EVENT, INCLUDING, BUT NOT LIMITED TO, ANY MEAL OR ANY PARTY.
UNSPENT CAMPAIGN FUNDS MAY NOT BE USED FOR  TRANSITION  OR  INAUGURATION
ACTIVITIES.
  7.  ALL MONIES RECEIVED BY THE BOARD PURSUANT TO THIS SECTION SHALL BE
DEPOSITED INTO THE NEW  YORK  STATE  FAIR  ELECTIONS  FUND  PURSUANT  TO
SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  8. ANY CANDIDATE WHO ACCEPTS A CONTRIBUTION OR CONTRIBUTIONS IN EXCESS
OF  THE LIMITS SET FORTH IN SECTION 14-212 OF THIS TITLE PRIOR TO ELECT-
ING TO PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEM, AS SET FORTH
BY PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION  14-206  OF  THIS  TITLE,
SHALL  IMMEDIATELY  PAY  TO  THE  FUND  OR RETURN TO THE CONTRIBUTOR THE
PORTION OF ANY CONTRIBUTION THAT EXCEEDED  THE  APPLICABLE  CONTRIBUTION
LIMIT. PROVIDED HOWEVER, IF THE CANDIDATE IS UNABLE TO RETURN SUCH FUNDS
IMMEDIATELY  BECAUSE  THEY HAVE ALREADY BEEN SPENT, AND IF THE CANDIDATE
SUBMITS AN AFFIDAVIT TO THE BOARD AGREEING TO PAY  TO  THE  FUND  IN  AN
AMOUNT  EQUAL  TO  ALL  PORTIONS  OF ANY CONTRIBUTIONS THAT EXCEEDED THE
LIMIT NO LATER  THAN  THIRTY  DAYS  BEFORE  THE  GENERAL  ELECTION,  ANY
DISBURSEMENT  OF  PUBLIC  FUNDS  TO  THE CANDIDATE MADE UNDER THIS TITLE
SHALL BE REDUCED BY NO MORE THAN TWENTY-FIVE  PERCENT  UNTIL  THE  TOTAL
AMOUNT OWED BY THE CANDIDATE IS REPAID.
  S  6.  The  election  law is amended by adding a new section 16-103 to
read as follows:
  S 16-103. PROCEEDINGS AS TO PUBLIC FINANCING. 1. THE DETERMINATION  OF
ELIGIBILITY  PURSUANT TO SECTION 14-206 OF THIS CHAPTER AND ANY QUESTION
OR ISSUE RELATING TO PAYMENTS FOR QUALIFIED CAMPAIGN EXPENDITURES PURSU-
ANT TO SECTION 14-210 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  14-210
OF  THIS CHAPTER SHALL BE INSTITUTED WITHIN SEVEN DAYS AFTER SUCH DETER-
MINATION WAS MADE. THE STATE BOARD SHALL BE MADE A  PARTY  TO  ANY  SUCH
PROCEEDING.
  3.  UPON  THE  STATE  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 SUBDIVISION 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  STATE
BOARD AS A RESULT OF AN EXAMINATION AND AUDIT MADE PURSUANT TO TITLE TWO
OF ARTICLE FOURTEEN OF THIS CHAPTER.
  S 7. The election law is amended by adding a new section 4-115 to read
as follows:
  S  4-115. NOTICE TO THE STATE BOARD OF ELECTIONS OF CANDIDATES FOR THE
LEGISLATURE. 1. EACH BOARD OF ELECTIONS WITH WHICH PETITIONS  ARE  FILED
FOR MEMBER OF THE STATE LEGISLATURE SHALL, NOT LATER THAN ONE WEEK AFTER
THE  LAST  DAY TO FILE SUCH PETITIONS, SEND NOTICE TO THE STATE BOARD OF
ELECTIONS OF SUCH INFORMATION ABOUT EACH  SUCH  PETITION  AS  THE  STATE
BOARD SHALL REQUIRE.
  2.  EACH  SUCH COUNTY BOARD OF ELECTIONS SHALL, NOT LATER THAN THE DAY
AFTER THE LAST DAY TO FILE A PETITION OR CERTIFICATE OF NOMINATION FOR A

A. 9281                            15

GENERAL OR SPECIAL ELECTION OR A CERTIFICATE OF ACCEPTANCE,  DECLINATION
OR  SUBSTITUTION FOR A GENERAL, PRIMARY OR SPECIAL ELECTION FOR ANY SUCH
OFFICE, SEND TO THE STATE BOARD OF ELECTIONS SUCH INFORMATION ABOUT EACH
SUCH PETITION OR CERTIFICATE AS THE STATE BOARD SHALL REQUIRE.
  3.  IF  ANY  SUCH COUNTY BOARD OF ELECTIONS SHOULD DISQUALIFY ANY SUCH
CANDIDATE OR RULE THE PETITION OR CERTIFICATE DESIGNATING OR  NOMINATING
ANY SUCH CANDIDATE INVALID, IT SHALL FORTHWITH NOTIFY THE STATE BOARD OF
ELECTIONS OF SUCH DECISION.
  4.  IF ANY SUCH COUNTY BOARD OF ELECTIONS SHALL BE NOTIFIED OF A DECI-
SION OF A COURT OF COMPETENT JURISDICTION DISQUALIFYING ANY SUCH  CANDI-
DATE  OR DECLARING ANY SUCH PETITION INVALID OR REVERSING ANY SUCH DECI-
SION BY SUCH  BOARD  OF  ELECTIONS  OR  ANOTHER  COURT,  SUCH  BOARD  OF
ELECTIONS  SHALL  FORTHWITH  NOTIFY THE STATE BOARD OF ELECTIONS OF SUCH
DECISION.
  5. THE STATE BOARD OF ELECTIONS MAY PRESCRIBE FORMS  FOR  THE  NOTICES
REQUIRED  BY  THIS  SECTION AND SHALL PRESCRIBE THE MANNER IN WHICH SUCH
NOTICES SHALL BE GIVEN.
  S 8. The general business law is amended by adding a new section  359-
gg to read as follows:
  S  359-GG. ADDITIONAL SURCHARGE. IN ADDITION TO ANY PENALTY AUTHORIZED
BY SECTION THREE HUNDRED FIFTY-NINE-G OF THIS ARTICLE OR ANY DAMAGES  OR
OTHER  COMPENSATION  RECOVERABLE  INCLUDING,  BUT  NOT  LIMITED  TO, ANY
SETTLEMENT AUTHORIZED BY SECTION SIXTY-THREE  OR  SIXTY-THREE-C  OF  THE
EXECUTIVE  LAW,  THERE SHALL BE ASSESSED THEREON AN ADDITIONAL SURCHARGE
IN THE AMOUNT OF TEN PERCENT  OF  THE  TOTAL  AMOUNT  OF  SUCH  PENALTY,
DAMAGES OR SETTLEMENT. SUCH SURCHARGE SHALL BE DEPOSITED IN THE NEW YORK
STATE  FAIR  ELECTIONS  FUND  ESTABLISHED BY SECTION NINETY-TWO-T OF THE
STATE FINANCE LAW.
  S 9. The state finance law is amended by adding a new section 92-t  to
read as follows:
  S  92-T. NEW YORK STATE FAIR ELECTIONS FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
ER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW YORK STATE FAIR
ELECTIONS 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, THE NEW YORK STATE FAIR ELECTIONS FUND CHECK-OFF PURSUANT
TO SECTION SIX HUNDRED THIRTY-E OF THE TAX LAW, THE  ABANDONED  PROPERTY
FUND  PURSUANT TO SECTION NINETY-FIVE OF THIS ARTICLE, THE GENERAL FUND,
AND 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 FIVE 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 FAIR ELECTIONS 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

A. 9281                            16

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 NINETEEN, IF THE SURPLUS IN THE FUND ON
APRIL FIRST OF THE YEAR AFTER  AN  ELECTION  CYCLE  EXCEEDS  TWENTY-FIVE
PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER THE PREVIOUS FOUR YEARS,
THE EXCESS SHALL REVERT TO THE GENERAL FUND OF THE STATE.
  6.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
PRIMARY ELECTION ANY EARLIER THAN THE DAY THAT SUCH CANDIDATE IS  CERTI-
FIED AS BEING ON THE BALLOT FOR SUCH PRIMARY ELECTION.
  7.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF  THE  PRIMARY
ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
  8.  NO  PUBLIC  FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN  DECLARED
INVALID  BY  THE  APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
JURISDICTION UNTIL AND UNLESS SUCH  FINDING  IS  REVERSED  BY  A  HIGHER
AUTHORITY.  NO  PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDI-
DATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON  THE  DATE  OF  SUCH
DISQUALIFICATION  OR  INVALIDATION  MAY  THEREAFTER  BE EXPENDED FOR ANY
PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE. ALL
SUCH MONEYS SHALL BE REPAID TO THE FUND.
  S 10. Section 95 of the state finance law is amended by adding  a  new
subdivision 5 to read as follows:
  5.  (A)  AS  OFTEN  AS  NECESSARY, THE CO-CHAIRS OF THE STATE BOARD OF
ELECTIONS SHALL CERTIFY THE AMOUNT SUCH CO-CHAIRS HAVE DETERMINED NECES-
SARY TO FUND ESTIMATED PAYMENTS FROM THE  FUND  ESTABLISHED  BY  SECTION
NINETY-TWO-T  OF  THIS  ARTICLE  FOR  THE  PRIMARY,  GENERAL  OR SPECIAL
ELECTION.
  (B) NOTWITHSTANDING ANY PROVISION  OF  THIS  SECTION  AUTHORIZING  THE
TRANSFER  OF  ANY  MONEYS  IN THE ABANDONED PROPERTY FUND TO THE GENERAL
FUND, THE COMPTROLLER, AFTER RECEIVING AMOUNTS SUFFICIENT TO PAY  CLAIMS
AGAINST  THE  ABANDONED PROPERTY FUND, SHALL, BASED UPON A CERTIFICATION
OF THE STATE BOARD OF ELECTIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
VISION, AND AT THE DIRECTION OF THE DIRECTOR OF THE BUDGET, TRANSFER THE
REQUESTED AMOUNT FROM REMAINING AVAILABLE MONIES IN THE ABANDONED  PROP-
ERTY FUND TO THE FAIR ELECTIONS FUND ESTABLISHED BY SECTION NINETY-TWO-T
OF THIS ARTICLE.
  S  11. The tax law is amended by adding a new section 630-e to read as
follows:
  S 630-E. CONTRIBUTION TO NEW YORK STATE FAIR ELECTIONS 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 FAIR ELECTIONS FUND. SUCH CONTRIBUTION
SHALL BE IN THE AMOUNT OF FIVE DOLLARS AND SHALL NOT REDUCE  THE  AMOUNT
OF  STATE  TAX  OWED  BY SUCH INDIVIDUAL. THE COMMISSIONER SHALL INCLUDE
SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE  A  TAXPAYER  TO  MAKE
SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW ALL REVEN-
UES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE NEW YORK
STATE FAIR ELECTIONS FUND AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN
SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
  S  12.  Severability. If any clause, sentence, subdivision, paragraph,
section or part of title 2 of article 14 of the election law,  as  added
by section five 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

A. 9281                            17

the clause, sentence, subdivision, paragraph, section  or  part  thereof
directly  involved  in the controversy in which such judgment shall have
been rendered.
  S  13.    This  act  shall take effect immediately; provided, however,
constitutional convention delegates will be eligible to  participate  in
the  public  financing  system beginning with the 2018 election, and all
state-wide candidates and state legislative candidates will be  eligible
to  participate  in  the public financing system beginning with the 2022
election.