Assembly Bill A11163

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11163
 
                           I N  A S S E M B L Y
 
                             December 4, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Johns) --
   read once and referred to the Committee on Election Law
 
 AN ACT to amend the election law, in relation to establishing the gener-
   al election campaign financing opt-in system to provide  public  funds
   to certain candidates
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The election  law  is  amended  by  adding  a  new  section
 14-204-a to read as follows:
   §  14-204-A. GENERAL ELECTION CAMPAIGN FINANCING OPT-IN SYSTEM.  1. IN
 ANY GENERAL ELECTION FOR STATE SENATOR OR  MEMBER  OF  THE  ASSEMBLY,  A
 PARTICIPATING  CANDIDATE  AND  THEIR  AUTHORIZED COMMITTEE MAY CHOOSE TO
 PARTICIPATE IN THE GENERAL ELECTION  CAMPAIGN  FINANCING  OPT-IN  SYSTEM
 (OPT-IN  SYSTEM).  SUCH OPT-IN SYSTEM SHALL BE ESTABLISHED IN A FORM AND
 MANNER TO BE DETERMINED BY  THE  STATE  BOARD  OF  ELECTIONS  AND  SHALL
 CONSIST OF STATE PUBLIC FUNDS TO BE PROVIDED TO PARTICIPATING CANDIDATES
 WHO  CHOOSE  TO  TAKE  PART  IN  SUCH OPT-IN SYSTEM IN THE AMOUNT OF TWO
 HUNDRED THOUSAND DOLLARS FOR STATE SENATOR CANDIDATES  AND  ONE  HUNDRED
 THOUSAND  DOLLARS  FOR  ASSEMBLY  MEMBER  CANDIDATES, PROVIDED THAT SUCH
 CANDIDATES ARE CANDIDATES OF THE POLITICAL PARTY THAT RECEIVED THE HIGH-
 EST OR SECOND HIGHEST NUMBER OF VOTES IN THE LAST PRECEDING ELECTION FOR
 THE SAME OFFICE.
   2. IF A PARTICIPATING CANDIDATE SHALL CHOOSE TO TAKE PART IN THE  OPT-
 IN  SYSTEM  AND  RECEIVE  PUBLIC  FUNDS  PURSUANT  TO THIS SECTION, SUCH
 PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE SHALL NOT BE PERMITTED TO
 RECEIVE ANY PRIVATE, CORPORATE OR SPECIAL INTEREST FUNDS  AND  SHALL  BE
 LIMITED  ONLY TO THE FUNDS PROVIDED THROUGH THE OPT-IN SYSTEM TO PAY FOR
 QUALIFIED CAMPAIGN EXPENSES.
   3. (A) PUBLIC FUNDS PROVIDED TO A PARTICIPATING CANDIDATE THROUGH  THE
 OPT-IN  SYSTEM SHALL ONLY BE USED BY A PARTICIPATING CANDIDATE'S AUTHOR-
 IZED COMMITTEE FOR  QUALIFIED  CAMPAIGN  EXPENDITURES,  WHICH  SHALL  BE
 EXPENDITURES  USED  TO  FURTHER THE PARTICIPATING CANDIDATE'S NOMINATION
 FOR ELECTION OR RE-ELECTION, INCLUDING PAYING FOR DEBTS INCURRED  WITHIN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD17315-01-0

 A. 11163                            2
 
 ONE  YEAR  PRIOR TO AN ELECTION TO FURTHER THE PARTICIPATING CANDIDATE'S
 NOMINATION FOR ELECTION OR RE-ELECTION.
   (B)  SUCH PUBLIC FUNDS PROVIDED THROUGH THE OPT-IN SYSTEM SHALL NOT BE
 USED FOR:
   (I) AN EXPENDITURE IN VIOLATION OF ANY LAW;
   (II) AN EXPENDITURE IN EXCESS OF THE FAIR MARKET  VALUE  OF  SERVICES,
 MATERIALS, FACILITIES, OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
   (III)  AN  EXPENDITURE  MADE  AFTER  THE  CANDIDATE  HAS  BEEN FINALLY
 DISQUALIFIED FROM THE BALLOT;
   (IV) AN EXPENDITURE MADE AFTER THE  ONLY  REMAINING  OPPONENT  OF  THE
 CANDIDATE  HAS  BEEN  FINALLY  DISQUALIFIED  FROM  THE  GENERAL ELECTION
 BALLOT;
   (V) AN EXPENDITURE MADE BY CASH PAYMENT;
   (VI) A CONTRIBUTION OR LOAN OR TRANSFER  MADE  TO  OR  EXPENDITURE  TO
 SUPPORT  ANOTHER  CANDIDATE OR POLITICAL COMMITTEE OR PARTY COMMITTEE OR
 CONSTITUTED COMMITTEE;
   (VII) AN EXPENDITURE TO SUPPORT OR OPPOSE A CANDIDATE  FOR  AN  OFFICE
 OTHER THAN THAT WHICH THE PARTICIPATING CANDIDATE SEEKS;
   (VIII)  GIFTS,  EXCEPT BROCHURES, BUTTONS, SIGNS, TEE SHIRTS AND OTHER
 PRINTED CAMPAIGN MATERIAL;
   (IX) LEGAL FEES TO DEFEND AGAINST A CRIMINAL CHARGE;
   (X) ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION  OF
 DESIGNATION  OR NOMINATION OR ANY CERTIFICATE OF NOMINATION, ACCEPTANCE,
 AUTHORIZATION, DECLINATION, OR SUBSTITUTION;
   (XI) PAYMENTS MADE TO THE CANDIDATE OR  A  SPOUSE,  DOMESTIC  PARTNER,
 CHILD,  GRANDCHILD, PARENT, GRANDPARENT, BROTHER OR SISTER OF THE CANDI-
 DATE OR SPOUSE OR DOMESTIC PARTNER OF SUCH  CHILD,  GRANDCHILD,  PARENT,
 GRANDPARENT,  BROTHER  OR  SISTER,  OR TO A BUSINESS ENTITY IN WHICH THE
 CANDIDATE OR ANY SUCH PERSON HAS A  TEN  PERCENT  OR  GREATER  OWNERSHIP
 INTEREST;
   (XII) AN EXPENDITURE MADE PRIMARILY FOR THE PURPOSE OF EXPRESSLY ADVO-
 CATING  A VOTE FOR OR AGAINST A BALLOT PROPOSAL, OTHER THAN EXPENDITURES
 MADE ALSO  TO  FURTHER  THE  PARTICIPATING  CANDIDATE'S  NOMINATION  FOR
 ELECTION OR RE-ELECTION;
   (XIII)  PAYMENT OF ANY SETTLEMENT, PENALTY OR FINE IMPOSED PURSUANT TO
 FEDERAL, STATE OR LOCAL LAW;
   (XIV) PAYMENTS MADE THROUGH ADVANCES, EXCEPT IN THE CASE OF INDIVIDUAL
 PURCHASES LESS THAN TWO HUNDRED FIFTY DOLLARS; OR
   (XV) EXPENDITURES TO FACILITATE, SUPPORT, OR OTHERWISE ASSIST  IN  THE
 EXECUTION OR PERFORMANCE OF THE DUTIES OF PUBLIC OFFICE.
   4.  THERE  SHALL  BE  NO  MATCHING  OF PUBLIC FUNDS IF A PARTICIPATING
 CANDIDATE CHOOSES TO TAKE PART IN THE OPT-IN SYSTEM AND  RECEIVE  PUBLIC
 FUNDS FOR THE GENERAL ELECTION PURSUANT TO THIS SECTION.
   5.  IF  A  PARTICIPATING  CANDIDATE CHOOSES TO TAKE PART IN THE OPT-IN
 SYSTEM AND FACES NO OPPOSITION IN THE GENERAL ELECTION, THEN  NO  PUBLIC
 FUNDS  SHALL  BE DISTRIBUTED TO SUCH PARTICIPATING CANDIDATE THROUGH THE
 OPT-IN SYSTEM.
   6. IF ONE OR NO PARTICIPATING CANDIDATES ARE CANDIDATES OF  THE  PARTY
 THAT  RECEIVED THE HIGHEST OR SECOND HIGHEST NUMBER OF VOTES IN THE LAST
 PRECEDING ELECTION FOR THE SAME OFFICE,  THEN  PARTICIPATING  CANDIDATES
 FROM  THE  POLITICAL  PARTIES THAT RECEIVED THE THIRD AND FOURTH HIGHEST
 NUMBER OF VOTES IN THE LAST PRECEDING ELECTION FOR THE SAME OFFICE SHALL
 BE ELIGIBLE TO TAKE PART IN THE OPT-IN SYSTEM.
   7. IF A PARTICIPATING CANDIDATE RUNNING FOR STATE SENATOR OR MEMBER OF
 THE ASSEMBLY SHALL CHOOSE NOT TO TAKE PART IN THE OPT-IN SYSTEM FOR  THE
 GENERAL  ELECTION PURSUANT TO THIS SECTION, THEN SUCH CANDIDATE SHALL BE

 A. 11163                            3
 
 RESPONSIBLE FOR AND ELIGIBLE TO RAISE AND RECEIVE FUNDS FOR HIS  OR  HER
 CAMPAIGN  AS NECESSARY INCLUDING RECEIVING PRIVATE, CORPORATE OR SPECIAL
 INTEREST FUNDS, BUT SHALL NOT BE ELIGIBLE FOR MATCHING OF  PUBLIC  FUNDS
 AS DESCRIBED PURSUANT TO SECTION 14-204 OF THIS TITLE.
   §  2. Subdivision 2 of section 14-204 of the election law, as added by
 section 4 of part ZZZ of chapter 58 of the laws of 2020, is amended  and
 a new subdivision 2-a is added to read as follows:
   2.  In  any  general or special election, receipt of public funds by a
 participating candidate's authorized committees shall not exceed:
   (a) for Governor and Lieutenant Governor (combined) $3,500,000
   (b) for Attorney General $3,500,000
   (c) for Comptroller $3,500,000
   [(d) for State Senator $375,000
   (e) for Member of the Assembly $175,000]
   2-A. IN ANY GENERAL OR SPECIAL ELECTION FOR STATE SENATOR OR MEMBER OF
 THE ASSEMBLY, PARTICIPATING CANDIDATES SHALL BE SUBJECT  TO  THE  PUBLIC
 FINANCING LIMITS SET FORTH IN SECTION 14-204-A OF THIS TITLE.
   §  3.  This  act  shall  take  effect on the same date and in the same
 manner as section 4 of part ZZZ of chapter 58 of the laws of 2020, takes
 effect.