S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8174
 
                             I N  S E N A T E
 
                              April 13, 2018
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend the election law, in relation to matching financing; and
   to amend the state finance law, in relation  to  the  New  York  state
   campaign finance fund and the abandoned property fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The article heading of article 14 of the  election  law  is
 amended to read as follows:
   CAMPAIGN RECEIPTS AND EXPENDITURES; MATCHING FINANCING
   §  2. Sections 14-100 through 14-132 of article 14 of the election law
 are designated title I and a new title  heading  is  added  to  read  as
 follows:
                    CAMPAIGN RECEIPTS AND EXPENDITURES
   §  3.  Article 14 of the election law is amended by adding a new title
 II to read as follows:
                                 TITLE II
                            MATCHING FINANCING
 SECTION 14-200. DEFINITIONS.
         14-201. REPORTING REQUIREMENTS.
         14-202. CONTRIBUTION LIMITS.
         14-203. PROOF OF COMPLIANCE.
         14-204. ELIGIBILITY.
         14-205. LIMITS ON MATCHING FINANCING.
         14-206. PAYMENT OF  MATCHING FUNDS.
         14-207. USE OF MATCHING FUNDS; QUALIFIED CAMPAIGN EXPENDITURES.
         14-208. POWERS AND DUTIES OF BOARD.
         14-209. AUDITS AND REPAYMENTS.
         14-210. ENFORCEMENT  AND  PENALTIES  FOR  VIOLATIONS  AND  OTHER
                   PROCEEDINGS.
         14-211. REPORTS.
         14-212. DEBATES  FOR CANDIDATES FOR DISTRICT ATTORNEY OR JUSTICE
                   OF THE SUPREME COURT.
         14-213. SEVERABILITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD08884-02-7

 S. 8174                             2
 
   § 14-200. DEFINITIONS.  FOR THE PURPOSES OF THIS TITLE, THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  THE  TERM  "AUTHORIZED  COMMITTEE" SHALL MEAN THE SINGLE COMMITTEE
 DESIGNATED BY A CANDIDATE PURSUANT TO SECTION 14-201 OF  THIS  TITLE  TO
 RECEIVE  CONTRIBUTIONS  AND  MAKE  EXPENDITURES IN SUPPORT OF THE CANDI-
 DATE'S CAMPAIGN.
   2. THE TERM "BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
   3. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS  APPEARS  IN
 SUBDIVISION NINE OF SECTION 14-100 OF THIS ARTICLE.
   4. THE TERM "CONTRIBUTOR" SHALL MEAN ANY PERSON OR ENTITY THAT MAKES A
 CONTRIBUTION.
   5.  THE  TERM  "COVERED  ELECTION"  SHALL  MEAN ANY PRIMARY OR GENERAL
 ELECTION FOR NOMINATION FOR ELECTION, OR  ELECTION,  TO  THE  OFFICE  OF
 DISTRICT ATTORNEY OR JUSTICE OF THE SUPREME COURT.
   6.  THE TERM "ELECTION CYCLE" SHALL MEAN: (A) FOR A DISTRICT ATTORNEY,
 THE FOUR YEAR PERIOD STARTING AFTER  THE  DAY  AFTER  THE  LAST  GENERAL
 ELECTION  FOR  CANDIDATES FOR STATEWIDE OFFICE; (B) FOR A JUSTICE OF THE
 SUPREME COURT, THE FOURTEEN YEAR PERIOD STARTING THE DAY AFTER THE  LAST
 GENERAL ELECTION FOR CANDIDATES FOR STATEWIDE OFFICE.
   7.  THE TERM "EXPENDITURE" SHALL MEAN ANY GIFT, SUBSCRIPTION, ADVANCE,
 PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF VALUE, OR A CONTRACT TO MAKE
 ANY GIFT, SUBSCRIPTION, PAYMENT, OR DEPOSIT  OF  MONEY  OR  ANYTHING  OF
 VALUE, MADE IN CONNECTION WITH THE NOMINATION FOR ELECTION, OR ELECTION,
 OF  ANY  CANDIDATE.   EXPENDITURES MADE BY CONTRACT ARE DEEMED MADE WHEN
 SUCH FUNDS ARE OBLIGATED.
   8. THE TERM "FUND" SHALL MEAN THE  NEW  YORK  STATE  CAMPAIGN  FINANCE
 FUND.
   9.  THE TERM "IMMEDIATE FAMILY" SHALL MEAN A SPOUSE, DOMESTIC PARTNER,
 CHILD, SIBLING OR PARENT.
   10. THE TERM "INTERMEDIARY" SHALL  MEAN  AN  INDIVIDUAL,  CORPORATION,
 PARTNERSHIP,  POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER ENTITY
 WHICH BUNDLES, CAUSES TO BE DELIVERED OR OTHERWISE DELIVERS ANY CONTRIB-
 UTION FROM ANOTHER PERSON OR ENTITY TO A CANDIDATE OR AUTHORIZED COMMIT-
 TEE, OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL,  DELIVERY
 OR  MESSENGER SERVICE.   PROVIDED, HOWEVER, THAT AN "INTERMEDIARY" SHALL
 NOT INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS, CHILDREN OR SIBLINGS OF
 THE PERSON MAKING SUCH CONTRIBUTION OR A STAFF MEMBER  OR  VOLUNTEER  OF
 THE CAMPAIGN IDENTIFIED IN WRITING TO THE STATE BOARD OF ELECTIONS. HERE
 "CAUSES  TO  BE DELIVERED" SHALL INCLUDE PROVIDING POSTAGE, ENVELOPES OR
 OTHER SHIPPING MATERIALS FOR THE USE OF DELIVERING THE  CONTRIBUTION  TO
 THE ULTIMATE RECIPIENT.
   11.  THE  TERM  "ITEM  WITH  SIGNIFICANT INTRINSIC AND ENDURING VALUE"
 SHALL MEAN ANY ITEM, INCLUDING TICKETS TO AN EVENT, THAT ARE  VALUED  AT
 TWENTY-FIVE DOLLARS OR MORE.
   12.  (A)  THE TERM "MATCHABLE CONTRIBUTION" SHALL MEAN A CONTRIBUTION,
 CONTRIBUTIONS OR A PORTION OF A CONTRIBUTION OR  CONTRIBUTIONS  FOR  ANY
 COVERED  ELECTIONS  HELD  IN  THE SAME ELECTION CYCLE, MADE BY A NATURAL
 PERSON WHO IS A RESIDENT IN THE STATE OF NEW  YORK  TO  A  PARTICIPATING
 CANDIDATE,  THAT  HAS  BEEN  REPORTED IN FULL TO THE BOARD IN ACCORDANCE
 WITH SECTIONS 14-102 AND 14-104  OF  THIS  ARTICLE  BY  THE  CANDIDATE'S
 AUTHORIZED  COMMITTEE  AND  HAS BEEN CONTRIBUTED ON OR BEFORE THE DAY OF
 THE APPLICABLE ELECTION. ANY CONTRIBUTION, CONTRIBUTIONS, OR  A  PORTION
 OF  A  CONTRIBUTION  DETERMINED  TO BE INVALID FOR MATCHING FUNDS BY THE
 BOARD MAY NOT BE TREATED AS A MATCHABLE CONTRIBUTION FOR ANY PURPOSE.
   (B) THE FOLLOWING CONTRIBUTIONS ARE NOT MATCHABLE:
   (I) LOANS;

 S. 8174                             3
 
   (II) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;
   (III) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM
 WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
   (IV) TRANSFERS FROM A PARTY OR CONSTITUTED COMMITTEE;
   (V) ANONYMOUS CONTRIBUTIONS OR CONTRIBUTIONS WHOSE SOURCE IS NOT ITEM-
 IZED AS REQUIRED BY SECTION 14-201 OF THIS TITLE;
   (VI) CONTRIBUTIONS GATHERED DURING A PREVIOUS ELECTION CYCLE;
   (VII) ILLEGAL CONTRIBUTIONS;
   (VIII) CONTRIBUTIONS FROM PERSONS UNDER EIGHTEEN;
   (IX) CONTRIBUTIONS FROM VENDORS FOR CAMPAIGNS; AND
   (X)  CONTRIBUTIONS  FROM  LOBBYISTS REGISTERED PURSUANT TO SUBDIVISION
 (A) OF SECTION ONE-C OF THE LEGISLATIVE LAW.
   13. THE TERM "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR A
 COVERED ELECTION WHO FAILS TO FILE A WRITTEN CERTIFICATION IN  THE  FORM
 OF  AN  AFFIDAVIT  UNDER  SECTION 14-204 OF THIS TITLE BY THE APPLICABLE
 DEADLINE.
   14. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN  ANY  CANDIDATE  FOR
 NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE OF DISTRICT ATTORNEY
 OR JUSTICE OF THE SUPREME COURT WHO FILES A WRITTEN CERTIFICATION IN THE
 FORM OF AN AFFIDAVIT PURSUANT TO SECTION 14-204 OF THIS TITLE.
   15.  THE TERM "POST-ELECTION PERIOD" SHALL MEAN THE SIX MONTHS FOLLOW-
 ING THE ELECTION FOR A DISTRICT ATTORNEY OR A SUPREME COURT JUSTICE WHEN
 SUCH CANDIDATE IS SUBJECT TO AN AUDIT.
   16. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN  AN  EXPENDI-
 TURE FOR WHICH PUBLIC MATCHING FUNDS MAY BE USED.
   17.  THE  TERM  "THRESHOLD  FOR  ELIGIBILITY" SHALL MEAN THE AMOUNT OF
 MATCHABLE CONTRIBUTIONS THAT A  CANDIDATE'S  AUTHORIZED  COMMITTEE  MUST
 RECEIVE  IN  TOTAL  IN ORDER FOR SUCH CANDIDATE TO QUALIFY FOR VOLUNTARY
 PUBLIC FINANCING UNDER THIS TITLE.
   18. THE TERM "TRANSFER" SHALL MEAN ANY EXCHANGE  OF  FUNDS  BETWEEN  A
 PARTY  OR  CONSTITUTED  COMMITTEE  AND  A CANDIDATE OR ANY OF HIS OR HER
 AUTHORIZED COMMITTEES.
   § 14-201. REPORTING REQUIREMENTS. 1. ONLY ONE AUTHORIZED COMMITTEE PER
 PARTICIPATING CANDIDATE FOR DISTRICT ATTORNEY OR JUSTICE OF THE  SUPREME
 COURT. BEFORE RECEIVING ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR A
 COVERED ELECTION, EACH CANDIDATE SHALL NOTIFY THE BOARD AS TO THE EXIST-
 ENCE  OF  HIS OR HER AUTHORIZED COMMITTEE THAT HAS BEEN APPROVED BY SUCH
 CANDIDATE. EACH CANDIDATE SHALL HAVE ONE AND ONLY ONE AUTHORIZED COMMIT-
 TEE PER ELECTIVE OFFICE SOUGHT. EACH AUTHORIZED COMMITTEE SHALL  HAVE  A
 TREASURER  AND IS SUBJECT TO THE RESTRICTIONS FOUND IN SECTION 14-112 OF
 THIS ARTICLE.
   2. DISCLOSURE REPORTS.  (A) DETAILED REPORTING.  EACH  AUTHORIZED  AND
 POLITICAL  COMMITTEE  SHALL  REPORT  TO THE BOARD EVERY CONTRIBUTION AND
 LOAN RECEIVED  AND  EVERY  EXPENDITURE  MADE  IN  THE  TIME  AND  MANNER
 PRESCRIBED  BY  SECTIONS  14-102, 14-104 AND 14-108 OF THIS ARTICLE. FOR
 CONTRIBUTORS WHO MAKE CONTRIBUTIONS OF ONE HUNDRED DOLLARS OR MORE, EACH
 AUTHORIZED AND POLITICAL COMMITTEE SHALL REPORT TO THE BOARD THE OCCUPA-
 TION, AND BUSINESS ADDRESS OF EACH  CONTRIBUTOR,  LENDER,  AND  INTERME-
 DIARY.    THE RECEIPT OF ANY CONTRIBUTION OR LOAN IN EXCESS OF ONE THOU-
 SAND DOLLARS SHALL BE DISCLOSED WITHIN FORTY-EIGHT HOURS OF RECEIPT, AND
 SHALL BE REPORTED IN THE SAME MANNER AS ANY OTHER CONTRIBUTION  OR  LOAN
 ON  THE  NEXT APPLICABLE STATEMENT.  THE BOARD SHALL REVISE, PREPARE AND
 POST FORMS ON ITS WEBPAGE THAT FACILITATE COMPLIANCE WITH  THE  REQUIRE-
 MENTS OF THIS SECTION.
   (B)  BOARD REVIEW. THE BOARD SHALL REVIEW EACH DISCLOSURE REPORT FILED
 AND SHALL INFORM AUTHORIZED AND POLITICAL COMMITTEES OF  RELEVANT  QUES-

 S. 8174                             4
 
 TIONS  IT HAS CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS OF THIS TITLE
 AND OF THE RULES ISSUED BY THE BOARD; AND (II) QUALIFICATION FOR RECEIV-
 ING PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. IN THE COURSE OF  THIS
 REVIEW,  THE  BOARD  SHALL  GIVE  AUTHORIZED AND POLITICAL COMMITTEES AN
 OPPORTUNITY TO RESPOND TO AND  CORRECT  POTENTIAL  VIOLATIONS  AND  GIVE
 CANDIDATES  AN  OPPORTUNITY TO ADDRESS QUESTIONS THE UNIT HAS CONCERNING
 THEIR MATCHABLE CONTRIBUTION CLAIMS OR OTHER ISSUES CONCERNING ELIGIBIL-
 ITY FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE.  NOTHING
 IN  THIS  PARAGRAPH SHALL PRECLUDE THE BOARD FROM SUBSEQUENTLY REVIEWING
 SUCH DISCLOSURE REPORTS AND TAKING ANY ACTION OTHERWISE AUTHORIZED UNDER
 THIS TITLE.
   (C) ITEMIZATION. CONTRIBUTIONS THAT ARE NOT ITEMIZED IN REPORTS  FILED
 WITH THE BOARD SHALL NOT BE MATCHABLE.
   (D)  OPTION TO FILE MORE FREQUENTLY. PARTICIPATING CANDIDATES MAY FILE
 REPORTS OF CONTRIBUTIONS AS FREQUENTLY AS ONCE A WEEK ON FRIDAY SO  THAT
 THEIR MATCHING FUNDS MAY BE PAID AT THE EARLIEST ALLOWABLE DATE.
   §  14-202.  CONTRIBUTION LIMITS.  RECIPIENTS OF FUNDS PURSUANT TO THIS
 TITLE SHALL BE SUBJECT TO THE FOLLOWING CONTRIBUTION LIMITS:
   1. IN THE ELECTION FOR DISTRICT ATTORNEY OR  JUSTICE  OF  THE  SUPREME
 COURT,  OR  FOR  NOMINATION  TO  SUCH  OFFICE, NO CONTRIBUTOR MAY MAKE A
 CONTRIBUTION TO ANY CANDIDATE OR POLITICAL  COMMITTEE  PARTICIPATING  IN
 THE  STATE'S  PUBLIC CAMPAIGN FINANCING SYSTEM AS DEFINED IN THIS TITLE,
 AND NO SUCH CANDIDATE OR POLITICAL COMMITTEE MAY ACCEPT ANY CONTRIBUTION
 FROM ANY CONTRIBUTOR, WHICH IS IN THE  AGGREGATE  AMOUNT  GREATER  THAN:
 (A) IN THE CASE OF ANY NOMINATION TO A DISTRICT ATTORNEY OR A JUSTICE OF
 THE SUPREME COURT, THE PRODUCT OF THE TOTAL NUMBER OF ENROLLED VOTERS IN
 THE  JURISDICTION  IN  WHICH  SUCH  PARTICIPATING  CANDIDATE  IS SEEKING
 OFFICE, EXCLUDING VOTERS IN INACTIVE STATUS, MULTIPLIED  BY  $.005,  BUT
 SUCH  AMOUNT  SHALL BE NOT MORE THAN SIX THOUSAND DOLLARS AND (B) IN THE
 CASE OF ANY ELECTION  TO  SUCH  PUBLIC  OFFICE,  SIX  THOUSAND  DOLLARS;
 PROVIDED HOWEVER, THAT THE MAXIMUM AMOUNT WHICH MAY BE SO CONTRIBUTED OR
 ACCEPTED,  IN  THE AGGREGATE, FROM ANY CANDIDATE'S CHILD, PARENT, GRAND-
 PARENT, BROTHER AND SISTER, AND THE SPOUSE OF ANY  SUCH  PERSONS,  SHALL
 NOT  EXCEED  IN  THE  CASE  OF ANY NOMINATION TO PUBLIC OFFICE AN AMOUNT
 EQUIVALENT TO THE PRODUCT OF THE NUMBER OF ENROLLED VOTERS IN THE JURIS-
 DICTION IN WHICH SUCH PARTICIPATING CANDIDATE IS SEEKING OFFICE, EXCLUD-
 ING VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.025, AND IN THE  CASE  OF
 ANY ELECTION FOR A PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE PRODUCT OF
 THE  NUMBER  OF REGISTERED VOTERS IN THE STATE EXCLUDING VOTERS IN INAC-
 TIVE STATUS, MULTIPLIED BY $.025.
   2. IN THE EVENT THAT A CANDIDATE FOR DISTRICT ATTORNEY OR  JUSTICE  OF
 THE  SUPREME COURT HAS RECEIVED A CONTRIBUTION WHICH EXCEEDS THE LIMITA-
 TIONS OF THIS SUBDIVISION PRIOR TO BECOMING A PARTICIPATING CANDIDATE IN
 THE STATE'S MATCHING CAMPAIGN  FINANCING  SYSTEM,  THE  CANDIDATE  SHALL
 EITHER  (A)  DEPOSIT  ANY AMOUNT IN EXCESS OF THE CONTRIBUTION LIMIT SET
 FORTH IN THIS SUBDIVISION, INTO A SEGREGATED ACCOUNT WHERE IT SHALL  NOT
 BE  WITHDRAWN  FOR  CAMPAIGN  EXPENDITURES  FOR ANY DISTRICT ATTORNEY OR
 JUSTICE OF THE SUPREME COURT ELECTION;  OR  (B)  RETURN  ANY  AMOUNT  IN
 EXCESS  OF  THE  CONTRIBUTION  LIMIT  SET FORTH IN THIS SECTION, BY BANK
 CHECK OR CERTIFIED CHECK MADE OUT TO THE CONTRIBUTOR.
   § 14-203. PROOF OF COMPLIANCE.   AUTHORIZED AND  POLITICAL  COMMITTEES
 SHALL  MAINTAIN  SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR A COVERED
 ELECTION AS REQUIRED BY THE BOARD.  AUTHORIZED AND POLITICAL  COMMITTEES
 SHALL  OBTAIN  AND  FURNISH  TO THE BOARD ANY INFORMATION IT MAY REQUEST
 RELATING TO FINANCIAL TRANSACTIONS OR  CONTRIBUTIONS  AND  FURNISH  SUCH
 DOCUMENTATION  AND  OTHER  PROOF OF COMPLIANCE WITH THIS TITLE AS MAY BE

 S. 8174                             5
 
 REQUESTED. IN COMPLIANCE WITH SECTION 14-108 OF THIS ARTICLE, AUTHORIZED
 AND POLITICAL COMMITTEES SHALL MAINTAIN COPIES OF  SUCH  RECORDS  FOR  A
 PERIOD OF FIVE YEARS.
   §  14-204.  ELIGIBILITY.   1. TERMS AND CONDITIONS. TO BE ELIGIBLE FOR
 VOLUNTARY PUBLIC FINANCING UNDER THIS TITLE, A CANDIDATE MUST:
   (A) BE A CANDIDATE IN A COVERED ELECTION;
   (B) MEET ALL THE REQUIREMENTS OF LAW TO HAVE HIS OR HER  NAME  ON  THE
 BALLOT;
   (C)  IN  THE CASE OF A COVERED GENERAL ELECTION, BE OPPOSED BY ANOTHER
 CANDIDATE ON THE BALLOT WHO IS NOT A WRITE-IN CANDIDATE;
   (D) SUBMIT A CERTIFICATION IN THE FORM OF AN AFFIDAVIT, IN  SUCH  FORM
 AS MAY BE PRESCRIBED BY THE BOARD, THAT SETS FORTH HIS OR HER ACCEPTANCE
 OF  AND  AGREEMENT  TO  COMPLY  WITH  THE  TERMS  AND CONDITIONS FOR THE
 PROVISION OF SUCH FUNDS IN EACH COVERED ELECTION AND SUCH  CERTIFICATION
 SHALL BE SUBMITTED BEFORE THE ELECTION PURSUANT TO A SCHEDULE PROMULGAT-
 ED BY THE BOARD;
   (E) BE CERTIFIED AS A PARTICIPATING CANDIDATE BY THE BOARD;
   (F)  NOT  MAKE  EXPENDITURES  FROM OR USE HIS OR HER PERSONAL FUNDS OR
 PROPERTY OR THE PERSONAL FUNDS OR PROPERTY JOINTLY HELD WITH HIS OR  HER
 SPOUSE,  OR  UNEMANCIPATED  CHILDREN IN CONNECTION WITH HIS OR HER NOMI-
 NATION ELECTION OR ELECTION TO A COVERED OFFICE EXCEPT AS A CONTRIBUTION
 TO HIS OR HER AUTHORIZED COMMITTEE IN AN AMOUNT THAT EXCEEDS THREE TIMES
 THE APPLICABLE CONTRIBUTION LIMIT  FROM  AN  INDIVIDUAL  CONTRIBUTOR  TO
 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)  CONTINUE  TO  ABIDE  BY ALL REQUIREMENTS DURING THE POST-ELECTION
 PERIOD.
   2. THRESHOLD FOR ELIGIBILITY. (A) THE THRESHOLD  FOR  ELIGIBILITY  FOR
 MATCHING  FUNDING  FOR PARTICIPATING CANDIDATES FOR DISTRICT ATTORNEY OR
 JUSTICE OF THE SUPREME COURT SHALL BE NOT LESS THAN TEN THOUSAND DOLLARS
 IN MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST SEVEN HUNDRED FIFTY MATCH-
 ABLE CONTRIBUTIONS  COMPRISED  OF  SUMS  BETWEEN  TEN  AND  SEVENTY-FIVE
 DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF NEW YORK STATE.
   (B)  ANY PARTICIPATING CANDIDATE MEETING THE THRESHOLD FOR ELIGIBILITY
 IN A PRIMARY ELECTION FOR THE FOREGOING OFFICE SHALL BE DEEMED  TO  HAVE
 MET  THE  THRESHOLD  FOR  ELIGIBILITY  FOR  SUCH  OFFICE  IN THE GENERAL
 ELECTION HELD IN THE SAME CALENDAR YEAR.
   § 14-205. LIMITS ON  MATCHING  FINANCING.  THE  FOLLOWING  LIMITATIONS
 APPLY  TO  THE TOTAL AMOUNTS OF MATCHING FUNDS THAT MAY BE PROVIDED TO A
 PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE FOR AN ELECTION CYCLE:
   1. IN ANY PRIMARY ELECTION, RECEIPT OF MATCHING FUNDS BY PARTICIPATING
 CANDIDATES FOR DISTRICT ATTORNEY OR JUSTICE OF THE SUPREME COURT AND  BY
 EACH  PARTICIPATING  COMMITTEE  SHALL  NOT EXCEED THE SUM OF TWO HUNDRED
 FIFTY THOUSAND DOLLARS.
   2. IN ANY GENERAL ELECTION, RECEIPT OF MATCHING FUNDS BY A PARTICIPAT-
 ING CANDIDATE'S  AUTHORIZED  COMMITTEE  SHALL  NOT  EXCEED  ONE  MILLION
 DOLLARS.
   3.  NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS NOT
 OPPOSED BY A CANDIDATE ON THE BALLOT IN  A  PRIMARY  ELECTION  SHALL  BE
 ENTITLED  TO  PAYMENT  OF  MATCHING FUNDS, EXCEPT THAT, WHERE THERE IS A
 CONTEST IN SUCH PRIMARY ELECTION FOR THE NOMINATION OF AT LEAST  ONE  OF
 THE  TWO POLITICAL PARTIES WITH THE HIGHEST AND SECOND HIGHEST NUMBER OF
 ENROLLED MEMBERS FOR SUCH OFFICE, A PARTICIPATING CANDIDATE WHO IS UNOP-
 POSED IN THE PRIMARY ELECTION MAY  RECEIVE  MATCHING  FUNDS  BEFORE  THE
 PRIMARY  ELECTION,  FOR  EXPENSES INCURRED ON OR BEFORE THE DATE OF SUCH

 S. 8174                             6
 
 PRIMARY ELECTION, IN AN AMOUNT EQUAL TO UP TO HALF THE SUM SET FORTH  IN
 SUBDIVISION ONE OF THIS SECTION.
   §  14-206. PAYMENT OF MATCHING FUNDS. 1. DETERMINATION OF ELIGIBILITY.
 NO MATCHING FUNDS SHALL BE PAID TO AN AUTHORIZED  COMMITTEE  UNLESS  THE
 BOARD  DETERMINES THAT THE PARTICIPATING CANDIDATE HAS MET THE ELIGIBIL-
 ITY REQUIREMENTS OF THIS TITLE. PAYMENT SHALL  NOT  EXCEED  THE  AMOUNTS
 SPECIFIED  IN SUBDIVISION TWO OF THIS SECTION, AND SHALL BE MADE ONLY IN
 ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. SUCH PAYMENT MAY  BE  MADE
 ONLY  TO THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE. NO MATCHING
 FUNDS SHALL BE USED EXCEPT AS REIMBURSEMENT  OR  PAYMENT  FOR  QUALIFIED
 CAMPAIGN  EXPENDITURES  ACTUALLY AND LAWFULLY INCURRED OR TO REPAY LOANS
 USED TO PAY QUALIFIED CAMPAIGN EXPENDITURES.
   2. CALCULATION OF PAYMENT. IF THE THRESHOLD FOR  ELIGIBILITY  IS  MET,
 THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE SHALL RECEIVE PAYMENT
 FOR QUALIFIED CAMPAIGN EXPENDITURES OF SIX DOLLARS OF MATCHING FUNDS FOR
 EACH  ONE  DOLLAR  OF MATCHABLE CONTRIBUTIONS, FOR THE FIRST ONE HUNDRED
 SEVENTY-FIVE DOLLARS OF ELIGIBLE PRIVATE FUNDS PER CONTRIBUTOR, OBTAINED
 AND REPORTED TO THE BOARD IN ACCORDANCE  WITH  THE  PROVISIONS  OF  THIS
 TITLE.  THE  MAXIMUM  PAYMENT  OF MATCHING FUNDS SHALL BE LIMITED TO THE
 AMOUNTS SET FORTH IN SECTION  14-205  OF  THIS  TITLE  FOR  THE  COVERED
 ELECTION.
   3.  TIMING  OF  PAYMENT.  THE BOARD SHALL MAKE ANY PAYMENT OF MATCHING
 FUNDS TO PARTICIPATING CANDIDATES AS SOON AS IS PRACTICABLE. BUT IN  ALL
 CASES, THE BOARD SHALL VERIFY ELIGIBILITY FOR MATCHING FUNDS WITHIN FOUR
 DAYS  OF  RECEIVING  A  CAMPAIGN CONTRIBUTION REPORT FILED IN COMPLIANCE
 WITH SECTION 14-104 OF THIS ARTICLE. WITHIN TWO DAYS OF DETERMINING THAT
 A CANDIDATE FOR A COVERED OFFICE IS ELIGIBLE  FOR  MATCHING  FUNDS,  THE
 BOARD  SHALL  PAY  THE  APPLICABLE MATCHING FUNDS OWED TO THE CANDIDATE.
 HOWEVER, THE BOARD SHALL NOT MAKE ANY PAYMENTS OF PUBLIC  MONEY  EARLIER
 THAN  THE  EARLIEST  DATES  FOR MAKING SUCH PAYMENTS AS PROVIDED BY THIS
 TITLE.  IF ANY OF SUCH PAYMENTS WOULD REQUIRE PAYMENT ON  A  WEEKEND  OR
 FEDERAL HOLIDAY, PAYMENT SHALL BE MADE ON THE NEXT BUSINESS DAY.
   4.  ELECTRONIC  FUNDS  TRANSFER.  THE  BOARD SHALL PROMULGATE RULES TO
 FACILITATE ELECTRONIC FUNDS TRANSFERS DIRECTLY FROM  THE  FUND  INTO  AN
 AUTHORIZED COMMITTEE'S BANK ACCOUNT.
   §  14-207. 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
 PAYING  FOR  DEBTS  INCURRED  WITHIN  ONE  YEAR  PRIOR TO 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 IN VIOLATION OF ANY LAW;
   (B)  AN  EXPENDITURE  IN  EXCESS OF THE FAIR MARKET VALUE OF SERVICES,
 MATERIALS, FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
   (C) AN EXPENSE INCURRED AFTER THE CANDIDATE HAS BEEN FINALLY DISQUALI-
 FIED FROM THE BALLOT;
   (D) AN EXPENSE INCURRED AFTER  THE  ONLY  REMAINING  OPPONENT  OF  THE
 CANDIDATE  HAS  BEEN  FINALLY  DISQUALIFIED  FROM THE GENERAL OR SPECIAL
 ELECTION BALLOT;
   (E) AN EXPENDITURE MADE BY CASH PAYMENT;
   (F) A CONTRIBUTION OR LOAN OR  TRANSFER  MADE  TO  OR  EXPENDITURE  TO
 SUPPORT  ANOTHER CANDIDATE OR POLITICAL COMMITTEE OR PARTY, COMMITTEE OR
 CONSTITUTED COMMITTEE;

 S. 8174                             7
 
   (G) AN EXPENDITURE TO EXCLUSIVELY SUPPORT OR OPPOSE A CANDIDATE FOR AN
 OFFICE OTHER THAN THAT WHICH THE PARTICIPATING CANDIDATE SEEKS;
   (H) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED CAMPAIGN
 MATERIAL;
   (I) LEGAL FEES TO DEFEND AGAINST A FORMAL CRIMINAL CHARGE;
   (J)  PAYMENTS  TO IMMEDIATE FAMILY MEMBERS OF THE PARTICIPATING CANDI-
 DATE; OR
   (K) ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION  OF
 DESIGNATION  OR NOMINATION OR ANY CERTIFICATE OF NOMINATION, ACCEPTANCE,
 AUTHORIZATION, DECLINATION OR SUBSTITUTION.
   § 14-208. POWERS AND DUTIES OF BOARD.  1. ADVISORY OPINIONS. THE BOARD
 SHALL RENDER ADVISORY OPINIONS WITH RESPECT TO QUESTIONS  ARISING  UNDER
 THIS  TITLE  UPON  THE  WRITTEN  REQUEST OF A CANDIDATE, AN OFFICER OF A
 POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITIATIVE.
 THE BOARD SHALL PROMULGATE RULES REGARDING REASONABLE TIMES  TO  RESPOND
 TO SUCH REQUESTS. THE BOARD SHALL MAKE PUBLIC THE QUESTIONS OF INTERPRE-
 TATION  FOR  WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE BOARD AND
 ITS ADVISORY OPINIONS, INCLUDING BY  PUBLICATION  ON  ITS  WEBPAGE  WITH
 IDENTIFYING INFORMATION REDACTED AS THE BOARD DETERMINES TO BE APPROPRI-
 ATE.
   2. PUBLIC INFORMATION AND CANDIDATE EDUCATION. THE BOARD SHALL DEVELOP
 A  PROGRAM FOR INFORMING CANDIDATES AND THE PUBLIC AS TO THE PURPOSE AND
 EFFECT OF THE PROVISIONS OF THIS TITLE, INCLUDING BY MEANS OF A WEBPAGE.
 THE BOARD SHALL PREPARE IN PLAIN LANGUAGE AND MAKE AVAILABLE EDUCATIONAL
 MATERIALS, INCLUDING COMPLIANCE MANUALS AND SUMMARIES  AND  EXPLANATIONS
 OF THE PURPOSES AND PROVISIONS OF THIS TITLE. THE BOARD SHALL PREPARE OR
 HAVE  PREPARED  AND  MAKE  AVAILABLE MATERIALS, INCLUDING, TO THE EXTENT
 FEASIBLE, COMPUTER SOFTWARE, TO FACILITATE THE TASK OF  COMPLIANCE  WITH
 THE DISCLOSURE AND RECORD-KEEPING REQUIREMENTS OF THIS TITLE.
   3.  RULES  AND  REGULATIONS.  THE  BOARD  SHALL  HAVE THE AUTHORITY TO
 PROMULGATE SUCH RULES AND REGULATIONS AND PROVIDE SUCH FORMS AS IT DEEMS
 NECESSARY FOR THE ADMINISTRATION OF THIS TITLE.
   4. ENFORCEMENT.  THE BOARD SHALL WORK WITH  THE  ENFORCEMENT  UNIT  TO
 ENFORCE THIS SECTION.
   § 14-209. AUDITS AND REPAYMENTS.  1. AUDITS. THE BOARD SHALL AUDIT AND
 EXAMINE  ALL MATTERS RELATING TO THE PROPER ADMINISTRATION OF THIS TITLE
 AND SHALL COMPLETE SUCH  AUDIT  NO  LATER  THAN  SIX  MONTHS  AFTER  THE
 ELECTION IN QUESTION.  EVERY CANDIDATE WHO RECEIVES MATCHING FUNDS UNDER
 THIS  TITLE  SHALL BE AUDITED BY THE BOARD. THE COST OF COMPLYING WITH A
 POST-ELECTION AUDIT SHALL BE BORNE BY THE CANDIDATE'S AUTHORIZED COMMIT-
 TEE USING MATCHING FUNDS, PRIVATE  FUNDS  OR  ANY  COMBINATION  OF  SUCH
 FUNDS.    CANDIDATES WHO RUN IN BOTH A PRIMARY AND GENERAL ELECTION MUST
 MAINTAIN A RESERVE OF THREE PERCENT OF THE MATCHING  FUNDS  RECEIVED  TO
 COMPLY  WITH  THE  POST-ELECTION  AUDIT.   THE BOARD SHALL ISSUE TO EACH
 CAMPAIGN AUDITED A FINAL AUDIT REPORT THAT DETAILS ITS FINDINGS.
   2. REPAYMENTS. (A) IF THE BOARD DETERMINES THAT  ANY  PORTION  OF  THE
 PAYMENT  MADE TO A CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS IN
 EXCESS OF THE AGGREGATE AMOUNT  OF  PAYMENTS  THAT  SUCH  CANDIDATE  WAS
 ELIGIBLE TO RECEIVE PURSUANT TO THIS TITLE, IT SHALL NOTIFY SUCH COMMIT-
 TEE  AND  SUCH  COMMITTEE  SHALL PAY TO THE BOARD AN AMOUNT EQUAL TO THE
 AMOUNT OF EXCESS PAYMENTS. PROVIDED,  HOWEVER,  THAT  IF  THE  ERRONEOUS
 PAYMENT  WAS  THE  RESULT  OF  AN ERROR BY THE BOARD, THEN THE ERRONEOUS
 PAYMENT WILL BE DEDUCTED FROM ANY FUTURE PAYMENT,  IF  ANY,  AND  IF  NO
 PAYMENT IS TO BE MADE THEN NEITHER THE CANDIDATE NOR THE COMMITTEE SHALL
 BE  LIABLE  TO  REPAY THE EXCESS AMOUNT TO THE BOARD. THE CANDIDATE, THE

 S. 8174                             8

 TREASURER AND THE  CANDIDATE'S  AUTHORIZED  COMMITTEE  ARE  JOINTLY  AND
 SEVERALLY LIABLE FOR ANY REPAYMENTS TO THE BOARD.
   (B)  IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO A
 CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND  WAS  USED  FOR  PURPOSES
 OTHER THAN QUALIFIED CAMPAIGN EXPENDITURES, IT SHALL NOTIFY SUCH COMMIT-
 TEE  OF  THE  AMOUNT SO DISQUALIFIED AND SUCH COMMITTEE SHALL PAY TO THE
 BOARD AN AMOUNT EQUAL TO SUCH DISQUALIFIED AMOUNT.  THE  CANDIDATE,  THE
 TREASURER  AND  THE  CANDIDATE'S  AUTHORIZED  COMMITTEE  ARE JOINTLY AND
 SEVERALLY LIABLE FOR ANY REPAYMENTS TO THE BOARD.
   (C) IF THE TOTAL OF PAYMENTS FROM THE FUND RECEIVED BY A PARTICIPATING
 CANDIDATE AND HIS OR HER AUTHORIZED COMMITTEE EXCEED THE TOTAL  CAMPAIGN
 EXPENDITURES OF SUCH CANDIDATE AND AUTHORIZED COMMITTEE FOR THE DISTRICT
 ATTORNEY  OR  JUSTICE  OF  SUPREME  COURT  ELECTION,  SUCH CANDIDATE AND
 COMMITTEE SHALL USE SUCH EXCESS FUNDS TO REIMBURSE THE FUND FOR PAYMENTS
 RECEIVED BY SUCH AUTHORIZED COMMITTEE FROM THE FUND DURING  SUCH  CALEN-
 DAR.  PARTICIPATING  CANDIDATES  SHALL  PAY  TO THE BOARD UNSPENT PUBLIC
 CAMPAIGN FUNDS FROM AN ELECTION NOT LATER THAN TWENTY-SEVEN  DAYS  AFTER
 ALL  LIABILITIES  FOR  THE ELECTION HAVE BEEN PAID AND IN ANY EVENT, NOT
 LATER THAN THE DAY ON WHICH THE BOARD ISSUES ITS FINAL AUDIT REPORT  FOR
 THE  PARTICIPATING  CANDIDATE'S AUTHORIZED COMMITTEE; PROVIDED, HOWEVER,
 THAT ALL UNSPENT PUBLIC CAMPAIGN FUNDS  FOR  A  PARTICIPATING  CANDIDATE
 SHALL  BE  IMMEDIATELY DUE AND PAYABLE TO THE BOARD UPON A DETERMINATION
 BY THE BOARD THAT THE PARTICIPANT HAS KNOWINGLY DELAYED  THE  POST-ELEC-
 TION  AUDIT.   A PARTICIPATING CANDIDATE MAY MAKE POST-ELECTION EXPENDI-
 TURES WITH PUBLIC FUNDS ONLY FOR ROUTINE  ACTIVITIES  INVOLVING  NOMINAL
 COST ASSOCIATED WITH WINDING UP A CAMPAIGN AND RESPONDING TO THE POST-E-
 LECTION  AUDIT  EXCEPT  FOR  LIABILITIES  INCURRED  BEFORE THE ELECTION.
 NOTHING IN THIS TITLE SHALL BE CONSTRUED TO PREVENT A CANDIDATE  OR  HIS
 OR  HER  AUTHORIZED COMMITTEE FROM USING CAMPAIGN CONTRIBUTIONS RECEIVED
 FROM PRIVATE CONTRIBUTORS FOR OTHERWISE LAWFUL EXPENDITURES.
   3. THE BOARD SHALL PROMULGATE REGULATIONS FOR THE CERTIFICATION OF THE
 AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER, FROM  THE  FUND  ESTABLISHED
 PURSUANT  TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW, TO A PARTIC-
 IPATING CANDIDATE THAT HAS QUALIFIED  TO  RECEIVE  SUCH  PAYMENT.  THESE
 REGULATIONS  SHALL INCLUDE THE PROMULGATION AND DISTRIBUTION OF FORMS ON
 WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO  BE  REPORTED,  THE  PERIODS
 DURING  WHICH  SUCH REPORTS MUST BE FILED AND THE VERIFICATION REQUIRED.
 THE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL MAKE POSSIBLE PAYMENT BY
 THE FUND WITHIN FOUR BUSINESS DAYS AFTER RECEIPT OF THE  REQUIRED  FORMS
 AND VERIFICATIONS.
   §   14-210.   ENFORCEMENT  AND  PENALTIES  FOR  VIOLATIONS  AND  OTHER
 PROCEEDINGS.  1. CIVIL PENALTIES. KNOWING VIOLATIONS OF ANY PROVISION OF
 THIS TITLE OR RULE PROMULGATED PURSUANT TO THIS TITLE SHALL  BE  SUBJECT
 TO A CIVIL PENALTY IN AN AMOUNT NOT IN EXCESS OF TEN THOUSAND DOLLARS.
   2. NOTICE OF VIOLATION AND OPPORTUNITY TO BE HEARD. THE BOARD SHALL:
   (A)  DETERMINE  WHETHER  A VIOLATION OF ANY PROVISION OF THIS TITLE OR
 RULE PROMULGATED HEREUNDER HAS BEEN COMMITTED;
   (B) GIVE WRITTEN NOTICE AND THE OPPORTUNITY TO BE HEARD IN  ACCORDANCE
 WITH  THE STATE ADMINISTRATIVE PROCEDURE ACT BEFORE AN INDEPENDENT HEAR-
 ING OFFICER TO EACH PERSON OR  ENTITY  IT  HAS  REASON  TO  BELIEVE  HAS
 COMMITTED A VIOLATION; AND
   (C)  IF  APPROPRIATE,  ASSESS PENALTIES FOR VIOLATIONS, FOLLOWING SUCH
 NOTICE AND OPPORTUNITY TO CONTEST.
   3. CRIMINAL CONDUCT. ANY PERSON WHO KNOWINGLY AND WILLFULLY  FURNISHES
 OR  SUBMITS  FALSE  STATEMENTS OR INFORMATION TO THE BOARD IN CONNECTION
 WITH ITS ADMINISTRATION OF THIS TITLE, SHALL BE GUILTY OF A  MISDEMEANOR

 S. 8174                             9
 
 IN ADDITION TO ANY OTHER PENALTY AS MAY BE IMPOSED UNDER THIS CHAPTER OR
 PURSUANT  TO ANY OTHER LAW. THE BOARD SHALL SEEK TO RECOVER ANY MATCHING
 FUNDS OBTAINED AS A RESULT OF SUCH CRIMINAL CONDUCT.
   4.  PROCEEDINGS  AS  TO  MATCHING  FINANCING. (A) THE DETERMINATION OF
 ELIGIBILITY PURSUANT TO THIS TITLE AND ANY QUESTION OR ISSUE RELATING TO
 PAYMENTS FOR  CAMPAIGN  EXPENDITURES  PURSUANT  TO  THIS  TITLE  MAY  BE
 CONTESTED  IN A PROCEEDING INSTITUTED IN THE SUPREME COURT, ALBANY COUN-
 TY, BY ANY AGGRIEVED CANDIDATE.
   (B) A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION  OF  ELIGIBILITY
 OR  PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO THIS CHAPTER
 SHALL BE INSTITUTED WITHIN FOURTEEN DAYS AFTER  SUCH  DETERMINATION  WAS
 MADE. THE BOARD SHALL BE MADE A PARTY TO ANY SUCH PROCEEDING.
   (C)  UPON THE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE FROM A PARTIC-
 IPATING CANDIDATE OR SUCH CANDIDATE'S  AUTHORIZED  COMMITTEE  AFTER  THE
 ISSUANCE  OF  WRITTEN  NOTICE  OF  SUCH  AMOUNT DUE, AS REQUIRED BY THIS
 TITLE, THE BOARD IS AUTHORIZED TO  INSTITUTE  A  SPECIAL  PROCEEDING  OR
 CIVIL  ACTION  IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A JUDGMENT FOR
 ANY AMOUNTS DETERMINED TO BE PAYABLE TO THE BOARD  AS  A  RESULT  OF  AN
 EXAMINATION  AND  AUDIT  MADE  PURSUANT  TO THIS TITLE OR TO OBTAIN SUCH
 AMOUNTS DIRECTLY FROM THE CANDIDATE  OR  AUTHORIZED  COMMITTEE  AFTER  A
 HEARING AT THE STATE BOARD OF ELECTIONS.
   (D) THE BOARD IS AUTHORIZED TO INSTITUTE A SPECIAL PROCEEDING OR CIVIL
 ACTION  IN  SUPREME COURT, ALBANY COUNTY, TO OBTAIN A JUDGMENT FOR CIVIL
 PENALTIES DETERMINED TO BE PAYABLE TO THE BOARD PURSUANT TO  THIS  TITLE
 OR TO IMPOSE SUCH PENALTY DIRECTLY AFTER A HEARING AT THE STATE BOARD OF
 ELECTIONS.
   §  14-211.  REPORTS.  THE BOARD SHALL SUBMIT A REPORT TO THE GOVERNOR,
 THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE  ASSEMBLY.
 SUCH REPORT SHALL INCLUDE:
   1.  A  LIST  OF  THE  PARTICIPATING AND NONPARTICIPATING CANDIDATES IN
 COVERED ELECTIONS AND THE VOTES RECEIVED  BY  EACH  CANDIDATE  IN  THOSE
 ELECTIONS;
   2.  THE  AMOUNT  OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES
 MADE, ON BEHALF OF THESE CANDIDATES;
   3. THE AMOUNT OF PUBLIC MATCHING FUNDS  EACH  PARTICIPATING  CANDIDATE
 RECEIVED, SPENT, AND REPAID PURSUANT TO THIS TITLE;
   4.  ANALYSIS  OF  THE  EFFECT  OF  THIS  TITLE ON POLITICAL CAMPAIGNS,
 INCLUDING ITS EFFECT ON THE SOURCES AND AMOUNTS  OF  PRIVATE  FINANCING,
 THE  LEVEL  OF CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE NUMBER OF
 CANDIDATES, THE CANDIDATES' ABILITY TO CAMPAIGN EFFECTIVELY  FOR  PUBLIC
 OFFICE,  AND  THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
 AND
   5. RECOMMENDATIONS FOR AMENDMENTS TO THIS TITLE, INCLUDING CHANGES  IN
 CONTRIBUTION  LIMITS, THRESHOLDS FOR ELIGIBILITY, AND ANY OTHER FEATURES
 OF THE SYSTEM.
   § 14-212. DEBATES FOR CANDIDATES FOR DISTRICT ATTORNEY OR  JUSTICE  OF
 THE SUPREME COURT.  THE BOARD SHALL PROMULGATE REGULATIONS TO FACILITATE
 DEBATES  AMONG PARTICIPATING CANDIDATES WHO SEEK ELECTION FOR THE OFFICE
 OF DISTRICT ATTORNEY OR JUSTICE  OF  THE  SUPREME  COURT.  PARTICIPATING
 CANDIDATES  ARE  REQUIRED  TO  PARTICIPATE  IN  ONE  DEBATE  BEFORE EACH
 ELECTION FOR WHICH THE CANDIDATE RECEIVES  MATCHING  FUNDS,  UNLESS  THE
 PARTICIPATING  CANDIDATE  IS  RUNNING UNOPPOSED. NONPARTICIPATING CANDI-
 DATES MAY PARTICIPATE IN SUCH DEBATES.
   § 14-213. SEVERABILITY.  IF ANY CLAUSE, SENTENCE,  SUBDIVISION,  PARA-
 GRAPH,  SECTION OR PART OF THIS TITLE BE ADJUDGED BY ANY COURT OF COMPE-
 TENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT,  IMPAIR

 S. 8174                            10
 
 OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
 TION  TO  THE  CLAUSE, SENTENCE, SUBDIVISION, PARAGRAPH, SECTION OR PART
 THEREOF DIRECTLY INVOLVED IN THE  CONTROVERSY  IN  WHICH  SUCH  JUDGMENT
 SHALL HAVE BEEN RENDERED.
   §  4. The state finance law is amended by adding a new section 92-t to
 read as follows:
   § 92-T. NEW YORK STATE CAMPAIGN  FINANCE  FUND.  1.  THERE  IS  HEREBY
 ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
 COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW  YORK
 STATE CAMPAIGN FINANCE FUND.
   2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE ABANDONED
 PROPERTY FUND PURSUANT TO SECTION NINETY-FIVE OF THIS ARTICLE.
   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.   MONEYS  SHALL  BE
 PAID  OUT OF THE FUND UPON AUDIT AND WARRANT BY THE STATE COMPTROLLER ON
 VOUCHERS CERTIFIED OR APPROVED BY THE STATE BOARD OF ELECTIONS,  OR  ITS
 DULY  DESIGNATED  REPRESENTATIVE,  IN  THE MANNER PRESCRIBED BY LAW, NOT
 MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS AUDITED  AND  APPROVED
 BY THE STATE COMPTROLLER.
   4.  NO MATCHING FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN
 A PRIMARY ELECTION  ANY  EARLIER  THAN  THIRTY  DAYS  AFTER  DESIGNATING
 PETITIONS,  INDEPENDENT  NOMINATING  PETITIONS, OR CERTIFICATES OF NOMI-
 NATION HAVE BEEN FILED AND NOT LESS THAN  FORTY-FIVE  DAYS  BEFORE  SUCH
 ELECTION.
   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 COURT
 IN A FINAL JUDGMENT.  NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH
 A  CANDIDATE  OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON THE DATE OF
 SUCH DISQUALIFICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY
 PURPOSE EXCEPT THE PAYMENT OF LIABILITIES  INCURRED  BEFORE  SUCH  DATE.
 ALL SUCH MONEYS SHALL BE REPAID TO THE FUND.
   §  5.  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 OR GENERAL 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 RESERVING AMOUNTS SUFFICIENT TO PAY  CLAIMS
 AGAINST  THE  ABANDONED PROPERTY FUND, SHALL, BASED UPON A CERTIFICATION
 OF THE BOARD OF ELECTIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION,
 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 CAMPAIGN FINANCE FUND ESTABLISHED  BY  SECTION  NINETY-
 TWO-T OF THIS ARTICLE.
   §  6.  Severability.  If any clause, sentence, subdivision, paragraph,
 section or part of title II of article 14 of the election law, as  added
 by  section  three  of  this  act  be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not  affect,  impair  or

 S. 8174                            11
 
 invalidate 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.
   § 7. This act shall take effect immediately.