S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    427
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by M. of A. ABINANTI, GALEF, THIELE, EPSTEIN, STIRPE -- read
   once and referred to the Committee on Election Law
 
 AN ACT to amend the election law, in relation to statements of  campaign
   receipts,  contributions,  transfers  and expenditures to and by poli-
   tical committees; to amend the election law, in relation to establish-
   ing a contribution limit for certain contributions to a party  commit-
   tee  or  constituted committee; to amend the election law, in relation
   to public financing; to amend the state finance law,  in  relation  to
   the  New  York  state  campaign finance fund; to amend the tax law, in
   relation to the New York state campaign  finance  fund  check-off;  to
   amend  the  election  law, in relation to enforcement proceedings; and
   providing for the repeal of such provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subdivision 1 of section 14-102 of the election law, as
 amended by chapter 8 and as redesignated by chapter 9  of  the  laws  of
 1978, is amended to read as follows:
   1.  The  treasurer of every political committee which, or any officer,
 member or agent of any  such  committee  who,  in  connection  with  any
 election,  receives  or  expends  any  money  or other valuable thing or
 incurs any liability to pay money or its equivalent  shall  file  state-
 ments  sworn,  or subscribed and bearing a form notice that false state-
 ments made therein are punishable as a class A misdemeanor  pursuant  to
 section  210.45 of the penal law, at the times prescribed by this [arti-
 cle] TITLE setting forth all the  receipts,  contributions  to  and  the
 expenditures  by  and liabilities of the committee, and of its officers,
 members and agents in its behalf.  Such  statements  shall  include  the
 dollar  amount  of  any  receipt,  contribution or transfer, or the fair
 market value of any receipt, contribution or transfer,  which  is  other
 than  of  money, the name and address of the transferor, contributor, or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05258-01-9

 A. 427                              2
 
 person from whom received, and if the transferor, contributor or  person
 is a political committee; the name of and the political unit represented
 by  the  committee,  the date of its receipt, the dollar amount of every
 expenditure,  the  name and address of the person to whom it was made or
 the name of and the political unit represented by the committee to which
 it was made and the date thereof, and shall state clearly the purpose of
 such expenditure.  Any statement reporting a loan shall have attached to
 it a copy of the evidence of indebtedness. Expenditures  in  sums  under
 fifty  dollars  need not be specifically accounted for by separate items
 in said statements, and receipts and contributions aggregating not  more
 than  ninety-nine  dollars, from any one contributor need not be specif-
 ically accounted for by separate  items  in  said  statements,  provided
 however,  that  such  expenditures,  receipts and contributions shall be
 subject to the other provisions of  section  14-118  of  this  [article]
 TITLE.
   §  2. The article heading of article 14 of the election law is amended
 to read as follows:
                    CAMPAIGN RECEIPTS AND EXPENDITURES;
                             PUBLIC FINANCING
   § 3. Paragraph b of subdivision 1 of section 14-114  of  the  election
 law, as amended by chapter 659 of the laws of 1994, is amended and a new
 paragraph d is added to read as follows:
   b.  In  any  other  election  for  party position or for election to a
 public office or for nomination for any such office, no contributor  may
 make  a contribution to any candidate or political committee and no SUCH
 candidate or political committee may accept any  contribution  from  any
 contributor,  which  is in the aggregate amount greater than: (i) in the
 case of any election for party position, or  for  nomination  to  public
 office, the product of the total number of enrolled voters in the candi-
 date's  party in the district in which he OR SHE is a candidate, exclud-
 ing voters in inactive status, multiplied by $.05, and (ii) in the  case
 of  any election for a public office, the product of the total number of
 registered voters in the district, excluding voters in inactive  status,
 multiplied  by  $.05,  EXCEPT  IN  THE  CASE OF A CANDIDATE FOR ATTORNEY
 GENERAL  NOT  PARTICIPATING  IN  THE  STATE'S  ATTORNEY  GENERAL  PUBLIC
 CAMPAIGN  FINANCING  SYSTEM DEFINED IN TITLE TWO OF THIS ARTICLE, MULTI-
 PLIED BY $.03 AND IN THE  CASE  OF  A  CANDIDATE  FOR  ATTORNEY  GENERAL
 PARTICIPATING  IN THE STATE'S ATTORNEY GENERAL PUBLIC CAMPAIGN FINANCING
 SYSTEM DEFINED IN TITLE TWO OF THIS ARTICLE, MULTIPLIED BY $.01, however
 in the case of a nomination within the city of New York for  the  office
 of  mayor, public advocate or comptroller, such amount shall be not less
 than four thousand dollars nor more  than  twelve  thousand  dollars  as
 increased  or  decreased  by  the cost of living adjustment described in
 paragraph c of this subdivision; in the case of an election  within  the
 city  of  New  York  for  the  office of mayor, public advocate or comp-
 troller, twenty-five thousand dollars as increased or decreased  by  the
 cost  of living adjustment described in paragraph c of this subdivision;
 in the case of a nomination for state senator, four thousand dollars  as
 increased  or  decreased  by  the cost of living adjustment described in
 paragraph c of this subdivision; in the case of an  election  for  state
 senator,  six  thousand  two  hundred  fifty  dollars  as  increased  or
 decreased by the cost of living adjustment described in paragraph  c  of
 this  subdivision; in the case of an election or nomination for a member
 of the assembly, twenty-five hundred dollars as increased  or  decreased
 by the cost of living adjustment described in paragraph c of this subdi-
 vision;  but  in  no  event shall any such maximum exceed fifty thousand

 A. 427                              3
 
 dollars or be less than one thousand dollars; provided however, that the
 maximum amount which may be so contributed or accepted,  in  the  aggre-
 gate,  from  any  candidate's  child,  parent,  grandparent, brother and
 sister, and the spouse of any such persons, shall not exceed in the case
 of  any  election  for party position or nomination for public office an
 amount equivalent to the number of enrolled voters  in  the  candidate's
 party  in  the  district  in  which  he OR SHE is a candidate, excluding
 voters in inactive status, multiplied by $.25 and in  the  case  of  any
 election  to public office, an amount equivalent to the number of regis-
 tered voters in the  district,  excluding  voters  in  inactive  status,
 multiplied by $.25; or twelve hundred fifty dollars, whichever is great-
 er, or in the case of a nomination or election of a state senator, twen-
 ty  thousand  dollars,  whichever  is greater, or in the case of a nomi-
 nation or election of a member of  the  assembly  twelve  thousand  five
 hundred  dollars,  whichever  is greater, but in no event shall any such
 maximum exceed one hundred thousand dollars.
   D. NOTWITHSTANDING ANY  OTHER  CONTRIBUTION  LIMIT  IN  THIS  SECTION,
 PARTICIPATING  CANDIDATES  AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION
 14-201 OF THIS ARTICLE MAY CONTRIBUTE, OUT OF  THEIR  OWN  MONEY,  THREE
 TIMES THE APPLICABLE CONTRIBUTION LIMIT FOR NON-PARTICIPATING CANDIDATES
 TO THEIR OWN AUTHORIZED POLITICAL COMMITTEE.
   § 4. Sections 14-100 through 14-132 of the election law are designated
 title I and a new title heading is added to read as follows:
 
                    CAMPAIGN RECEIPTS AND EXPENDITURES
 
   §  5.  Article 14 of the election law is amended by adding a new title
 II to read as follows:
                                 TITLE II
                             PUBLIC FINANCING
 SECTION 14-200. LEGISLATIVE FINDINGS AND INTENT.
         14-201. DEFINITIONS.
         14-202. REPORTING REQUIREMENTS.
         14-203. CONTRIBUTIONS.
         14-204. PROOF OF COMPLIANCE.
         14-205. ELIGIBILITY.
         14-206. LIMITS ON PUBLIC FINANCING.
         14-207. PAYMENT OF PUBLIC MATCHING FUNDS.
         14-208. USE OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN EXPEND-
                   ITURES.
         14-209. POWERS AND DUTIES OF THE BOARD.
         14-210. AUDITS AND REPAYMENTS.
         14-211. ENFORCEMENT  AND  PENALTIES  FOR  VIOLATIONS  AND  OTHER
                   PROCEEDINGS.
         14-212. REPORTS.
         14-213. SEVERABILITY.
   §  14-200. LEGISLATIVE FINDINGS AND INTENT.  THE LEGISLATURE FINDS AND
 DETERMINES THAT THE ATTORNEY GENERAL FOR THE  STATE  FULFILLS  A  UNIQUE
 ROLE IN GOVERNMENT, SUBSTANTIVELY DISTINCT FROM OTHER OFFICES.
   THE LEGISLATURE ALSO FINDS AND DETERMINES THAT THE ATTORNEY GENERAL IS
 NOT  ELECTED  TO REPRESENT THE VIEWS OF VOTERS, BUT RATHER IS ELECTED TO
 UPHOLD THE LAW.
   THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES  THAT  THE  ATTORNEY
 GENERAL'S  IMPARTIALITY  AND  INDEPENDENCE  IS  CRITICAL  TO MAINTAINING
 PUBLIC CONFIDENCE AND THE RULE OF LAW.

 A. 427                              4
 
   THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES  THAT  THE  ATTORNEY
 GENERAL  MUST  MAINTAIN IMPARTIALITY AND INDEPENDENCE AND THE APPEARANCE
 OF IMPARTIALITY AND INDEPENDENCE.
   THE  LEGISLATURE  ADDITIONALLY  FINDS  AND DETERMINES THAT RAISING THE
 NECESSARY FUNDS TO RUN FOR THE OFFICE OF ATTORNEY GENERAL HAS THE POTEN-
 TIAL TO REDUCE THE APPEARANCE OF ATTORNEY GENERAL IMPARTIALITY.
   THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES THAT  THE  NEED  FOR
 THE ATTORNEY GENERAL TO BE INDEPENDENT AND IMPARTIAL, IS FURTHERED BY AN
 ATTORNEY GENERAL PUBLIC CAMPAIGN FINANCE SYSTEM.
   THE  LEGISLATURE  ADDITIONALLY  FINDS  AND  DETERMINES  THAT  A PUBLIC
 CAMPAIGN FINANCE SYSTEM FOR CANDIDATES FOR THE OFFICE OF ATTORNEY GENER-
 AL REDUCES THE POTENTIAL FOR PARTIALITY.
   § 14-201. DEFINITIONS.  FOR THE PURPOSES OF THIS TITLE, THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  THE  TERM  "AUTHORIZED  POLITICAL COMMITTEE" SHALL MEAN THE SINGLE
 POLITICAL COMMITTEE DESIGNATED BY A CANDIDATE PURSUANT TO SECTION 14-202
 OF THIS TITLE TO RECEIVE CONTRIBUTIONS AND MAKE EXPENDITURES IN  SUPPORT
 OF THE CANDIDATE'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 GENERAL ELECTION FOR THE
 OFFICE OF ATTORNEY GENERAL.
   6. THE TERM  "ELECTION  CYCLE"  SHALL  MEAN  ANY  PRIMARY  OR  GENERAL
 ELECTION FOR NOMINATION FOR ELECTION OR ELECTION TO THE OFFICE OF ATTOR-
 NEY GENERAL.
   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  ATTORNEY  GENERAL
 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'S  AUTHORIZED  POLI-
 TICAL  COMMITTEE,  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.
   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 LAWFUL CONTRIB-
 UTION, CONTRIBUTIONS OR A PORTION OF A CONTRIBUTION OR CONTRIBUTIONS FOR
 ANY COVERED ELECTIONS HELD IN THE SAME ELECTION CYCLE, MADE BY A NATURAL
 PERSON AND RESIDENT OF THE STATE TO A PARTICIPATING CANDIDATE'S  AUTHOR-
 IZED POLITICAL COMMITTEE, THAT HAS BEEN REPORTED IN FULL TO THE BOARD IN

 A. 427                              5
 
 ACCORDANCE WITH SECTIONS 14-102 AND 14-104 OF THIS ARTICLE BY THE CANDI-
 DATE'S  AUTHORIZED  POLITICAL  COMMITTEE  AND HAS BEEN CONTRIBUTED ON OR
 BEFORE THE DAY OF THE APPLICABLE  GENERAL  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;
   (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)  CONTRIBUTIONS WHOSE SOURCE IS NOT ITEMIZED AS REQUIRED BY SECTION
 14-202 OF THIS TITLE;
   (VI) CONTRIBUTIONS GATHERED DURING A PREVIOUS ELECTION CYCLE;
   (VII) ILLEGAL CONTRIBUTIONS;
   (VIII) CONTRIBUTIONS FROM MINORS;
   (IX) CONTRIBUTIONS FROM VENDORS FOR CAMPAIGNS; AND
   (X) CONTRIBUTIONS FROM LOBBYISTS REGISTERED  PURSUANT  TO  SUBDIVISION
 (A) OF SECTION ONE-C OF THE LEGISLATIVE LAW.
   13. THE TERM "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR A
 COVERED  ELECTION  WHO DOES NOT FILE A WRITTEN CERTIFICATION IN THE FORM
 OF AN AFFIDAVIT UNDER SECTION 14-205 OF THIS  TITLE  BY  THE  APPLICABLE
 DEADLINE.
   14.  THE  TERM  "PARTICIPATING CANDIDATE" SHALL MEAN ANY CANDIDATE FOR
 ELECTION TO THE OFFICE OF ATTORNEY GENERAL, WHO FILES A WRITTEN  CERTIF-
 ICATION  IN  THE FORM OF AN AFFIDAVIT PURSUANT TO SECTION 14-205 OF THIS
 TITLE.
   15. THE TERM "POST-ELECTION PERIOD" SHALL MEAN THE SIX MONTHS  FOLLOW-
 ING AN ELECTION.
   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 POLITICAL COMMIT-
 TEE 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 POLITICAL COMMITTEES.
   §  14-202.  REPORTING REQUIREMENTS.   1. POLITICAL COMMITTEE REGISTRA-
 TION. POLITICAL COMMITTEES AS DEFINED PURSUANT  TO  SUBDIVISION  ONE  OF
 SECTION  14-100  OF  THIS  ARTICLE  SHALL REGISTER WITH THE BOARD BEFORE
 MAKING ANY CONTRIBUTION OR EXPENDITURE.  THE BOARD SHALL PUBLISH A CUMU-
 LATIVE LIST OF POLITICAL COMMITTEES THAT HAVE REGISTERED,  INCLUDING  ON
 ITS WEBPAGE, AND REGULARLY UPDATE IT.
   2.  ONLY ONE AUTHORIZED POLITICAL COMMITTEE PER CANDIDATE PER ELECTIVE
 OFFICE SOUGHT.  BEFORE RECEIVING ANY CONTRIBUTION OR MAKING ANY EXPENDI-
 TURE FOR A COVERED ELECTION, EACH CANDIDATE SHALL NOTIFY THE BOARD AS TO
 THE EXISTENCE OF HIS OR HER AUTHORIZED POLITICAL COMMITTEE THAT HAS BEEN
 APPROVED BY SUCH CANDIDATE. EACH CANDIDATE SHALL HAVE ONE AND  ONLY  ONE
 AUTHORIZED  POLITICAL COMMITTEE PER ELECTIVE OFFICE SOUGHT. EACH AUTHOR-
 IZED POLITICAL COMMITTEE SHALL HAVE A TREASURER AND IS  SUBJECT  TO  THE
 RESTRICTIONS FOUND IN SECTION 14-112 OF THIS ARTICLE.
   3.  (A)  DETAILED  REPORTING. IN ADDITION TO EACH AUTHORIZED POLITICAL
 COMMITTEE REPORTING TO THE BOARD EVERY CONTRIBUTION  AND  LOAN  RECEIVED
 AND EVERY EXPENDITURE MADE IN THE TIME AND MANNER PRESCRIBED BY SECTIONS

 A. 427                              6
 
 14-102,  14-104  AND  14-108  OF THIS ARTICLE, EACH AUTHORIZED POLITICAL
 COMMITTEE OF A CANDIDATE INTENDING TO PARTICIPATE IN THE ATTORNEY GENER-
 AL PUBLIC FINANCING SYSTEM SHALL ALSO SUBMIT DISCLOSURE REPORTS ON MARCH
 FIFTEENTH AND MAY FIFTEENTH OF EACH ELECTION YEAR REPORTING TO THE BOARD
 EVERY  CONTRIBUTION  AND  LOAN RECEIVED AND EVERY EXPENDITURE MADE.  FOR
 CONTRIBUTORS WHO MAKE CONTRIBUTIONS OF FIVE  HUNDRED  DOLLARS  OR  MORE,
 EACH  AUTHORIZED POLITICAL COMMITTEE SHALL REPORT TO THE BOARD THE OCCU-
 PATION, AND EMPLOYER OF EACH CONTRIBUTOR, LENDER, AND INTERMEDIARY.  THE
 BOARD  SHALL  REVISE, PREPARE AND POST FORMS ON ITS WEBPAGE THAT FACILI-
 TATE COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION.
   (B) BOARD REVIEW. THE BOARD SHALL REVIEW EACH DISCLOSURE REPORT  FILED
 AND  SHALL INFORM THE TREASURER OF THE AUTHORIZED POLITICAL COMMITTEE OF
 RELEVANT QUESTIONS IT HAS CONCERNING: (I) COMPLIANCE  WITH  REQUIREMENTS
 OF  THIS TITLE AND OF THE RULES ISSUED BY THE BOARD; AND (II) QUALIFICA-
 TION FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. IN  THE
 COURSE  OF THIS REVIEW, IT SHALL GIVE AUTHORIZED POLITICAL COMMITTEES AN
 OPPORTUNITY TO RESPOND TO AND  CORRECT  POTENTIAL  VIOLATIONS  AND  GIVE
 CANDIDATES  AN  OPPORTUNITY TO ADDRESS QUESTIONS IT HAS CONCERNING THEIR
 MATCHABLE CONTRIBUTION CLAIMS OR OTHER ISSUES CONCERNING ELIGIBILITY FOR
 RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. UPON  COMPLETION
 OF  THE  COMPLIANCE REVIEW, NOTHING IN THIS PARAGRAPH SHALL PRECLUDE THE
 CHIEF ENFORCEMENT COUNSEL 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 MONDAY SO THAT
 THEIR MATCHING FUNDS MAY BE PAID AT THE EARLIEST ALLOWABLE DATE.
   § 14-203. CONTRIBUTIONS.  RECIPIENTS OF FUNDS PURSUANT TO  THIS  TITLE
 SHALL  BE  SUBJECT  TO  THE  APPLICABLE CONTRIBUTION LIMITS SET FORTH IN
 SECTION 14-114 OF THIS ARTICLE.
   § 14-204. PROOF OF COMPLIANCE. AUTHORIZED POLITICAL  COMMITTEES  SHALL
 MAINTAIN  SUCH  RECORDS  OF  RECEIPTS  AND  EXPENDITURES  FOR  A COVERED
 ELECTION AS REQUIRED BY THE BOARD. THE TREASURER OF AN AUTHORIZED  POLI-
 TICAL COMMITTEE 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 REQUESTED. IN COMPLIANCE WITH SECTION 14-108 OF THIS  ARTICLE,
 AUTHORIZED  POLITICAL  COMMITTEES  SHALL MAINTAIN COPIES OF SUCH RECORDS
 FOR A PERIOD OF FIVE YEARS.
   § 14-205. 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 ELECTION, BE OPPOSED BY ANOTHER CANDIDATE
 ON THE BALLOT WHO IS NOT A WRITE-IN CANDIDATE;
   (D) SUBMIT A CERTIFICATION IN THE FORM OF AN AFFIDAVIT, IN  SUCH  FORM
 AS MAY BE PRESCRIBED BY THE BOARD, THAT SETS FORTH HIS OR HER ACCEPTANCE
 OF  AND  AGREEMENT  TO  COMPLY  WITH  THE  TERMS  AND CONDITIONS FOR THE
 PROVISION OF SUCH FUNDS IN EACH COVERED ELECTION AND SUCH  CERTIFICATION
 SHALL  BE  SUBMITTED  AT  LEAST  FOUR  MONTHS BEFORE THE ELECTION BUT NO
 EARLIER THAN NINE MONTHS BEFORE THE NOMINATION PURSUANT  TO  A  SCHEDULE
 PROMULGATED BY THE BOARD;
   (E) BE CERTIFIED AS A PARTICIPATING CANDIDATE BY THE BOARD;

 A. 427                              7
 
   (F)  NOT  MAKE, AND NOT HAVE MADE, EXPENDITURES FROM OR USE HIS OR HER
 PERSONAL FUNDS OR PROPERTY OR THE PERSONAL  FUNDS  OR  PROPERTY  JOINTLY
 HELD  WITH  HIS  OR  HER SPOUSE, OR UNEMANCIPATED CHILDREN IN CONNECTION
 WITH HIS OR HER ELECTION TO A COVERED OFFICE, BUT MAY  MAKE  A  CONTRIB-
 UTION  TO  HIS  OR  HER AUTHORIZED POLITICAL COMMITTEE IN AN AMOUNT THAT
 DOES NOT EXCEED THREE TIMES THE APPLICABLE CONTRIBUTION  LIMIT  FROM  AN
 INDIVIDUAL  CONTRIBUTOR  TO  NON-PARTICIPATING CANDIDATES FOR THE OFFICE
 THAT HE OR SHE IS SEEKING;
   (G) MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION TWO OF
 THIS SECTION;
   (H) CONTINUE TO ABIDE BY ALL  REQUIREMENTS  DURING  THE  POST-ELECTION
 PERIOD;
   (I)  NOT HAVE ACCEPTED CONTRIBUTIONS IN AMOUNTS EXCEEDING THE CONTRIB-
 UTION LIMITS SET FORTH FOR PARTICIPATING CANDIDATES IN  PARAGRAPH  B  OF
 SUBDIVISION  ONE  OF  SECTION 14-114 OF THIS ARTICLE DURING THE ELECTION
 CYCLE FOR WHICH THE CANDIDATE SEEKS CERTIFICATION;
   (I) PROVIDED HOWEVER, THAT,  IF  A  CANDIDATE  ACCEPTED  CONTRIBUTIONS
 EXCEEDING  SUCH  LIMITS  BEFORE CERTIFICATION, SUCH ACCEPTANCE SHALL NOT
 PREVENT THE CANDIDATE FROM BEING CERTIFIED BY THE BOARD IF THE CANDIDATE
 IMMEDIATELY PAYS TO THE FUND OR RETURNS TO THE CONTRIBUTOR  THE  PORTION
 OF ANY CONTRIBUTION THAT EXCEEDED THE APPLICABLE CONTRIBUTION LIMIT.
   (II)  IF  THE  CANDIDATE  IS  UNABLE  TO RETURN SUCH FUNDS IMMEDIATELY
 BECAUSE THEY  HAVE  ALREADY  BEEN  SPENT,  ACCEPTANCE  OF  CONTRIBUTIONS
 EXCEEDING  THE  LIMITS SHALL NOT PREVENT THE CANDIDATE FROM BEING CERTI-
 FIED BY THE BOARD IF THE CANDIDATE SUBMITS AN AFFIDAVIT AGREEING TO  PAY
 TO THE FUND FROM NON-PUBLIC FUNDS ALL PORTIONS OF ANY CONTRIBUTIONS THAT
 EXCEEDED  THE  LIMIT  NO  LATER  THAN  THIRTY  DAYS  BEFORE  THE GENERAL
 ELECTION. IF A CANDIDATE PROVIDES THE BOARD WITH SUCH AN AFFIDAVIT,  ANY
 DISBURSEMENT  OF PUBLIC FUNDS TO THE CANDIDATE MADE UNDER SECTION 14-207
 OF THIS TITLE SHALL BE REDUCED BY NO MORE THAN TWENTY-FIVE PERCENT UNTIL
 THE TOTAL AMOUNT OWED BY THE CANDIDATE IS REPAID.
   (III) CONTRIBUTIONS RECEIVED AND EXPENDITURES MADE BY THE  CANDIDATE'S
 AUTHORIZED POLITICAL COMMITTEE PRIOR TO THE EFFECTIVE DATE OF THIS TITLE
 SHALL NOT CONSTITUTE A VIOLATION OF THIS TITLE; AND
   (J)  COMPLY WITH THE RULES GOVERNING PROSECUTORIAL CONDUCT PURSUANT TO
 RULE 3.8 OF PART 1200, RULES OF PROFESSIONAL CONDUCT  OF  THE  NEW  YORK
 STATE UNIFIED COURT SYSTEM, AS APPLICABLE.
   2. THRESHOLD FOR ELIGIBILITY. THE THRESHOLD FOR ELIGIBILITY FOR PUBLIC
 FUNDING FOR PARTICIPATING CANDIDATES SHALL BE NOT LESS THAN TEN THOUSAND
 DOLLARS IN MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST ONE HUNDRED MATCH-
 ABLE  CONTRIBUTIONS  COMPRISED OF SUMS BETWEEN TEN AND TWO HUNDRED FIFTY
 DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF THE  DISTRICT  IN  WHICH  THE
 OFFICE IS TO BE FILLED.
   §  14-206.  LIMITS  ON  PUBLIC  FINANCING.    IN ANY GENERAL ELECTION,
 RECEIPT OF PUBLIC FUNDS BY A PARTICIPATING CANDIDATE'S AUTHORIZED  POLI-
 TICAL COMMITTEE SHALL NOT EXCEED THE SUM OF FOUR MILLION DOLLARS.
   § 14-207. PAYMENT OF PUBLIC MATCHING FUNDS. 1. DETERMINATION OF ELIGI-
 BILITY.  NO  PUBLIC  MATCHING FUNDS SHALL BE PAID TO AN AUTHORIZED POLI-
 TICAL COMMITTEE UNLESS  THE  BOARD  DETERMINES  THAT  THE  PARTICIPATING
 CANDIDATE  HAS  MET  THE ELIGIBILITY REQUIREMENTS OF THIS TITLE. PAYMENT
 SHALL NOT EXCEED THE  AMOUNTS  SPECIFIED  IN  SUBDIVISION  TWO  OF  THIS
 SECTION,  AND  SHALL  BE  MADE ONLY IN ACCORDANCE WITH THE PROVISIONS OF
 THIS TITLE. SUCH PAYMENT MAY BE MADE ONLY TO  THE  PARTICIPATING  CANDI-
 DATE'S AUTHORIZED POLITICAL COMMITTEE. NO PUBLIC MATCHING FUNDS SHALL BE
 USED  EXCEPT AS REIMBURSEMENT OR PAYMENT FOR QUALIFIED CAMPAIGN EXPENDI-

 A. 427                              8
 
 TURES ACTUALLY AND LAWFULLY INCURRED OR TO REPAY LOANS USED TO PAY QUAL-
 IFIED CAMPAIGN EXPENDITURES.
   2.  CALCULATION  OF  PAYMENT. IF THE THRESHOLD FOR ELIGIBILITY IS MET,
 THE  PARTICIPATING  CANDIDATE'S  AUTHORIZED  POLITICAL  COMMITTEE  SHALL
 RECEIVE  PAYMENT  FOR  QUALIFIED CAMPAIGN EXPENDITURES OF TWO DOLLARS OF
 PUBLIC MATCHING FUNDS FOR EACH ONE DOLLAR  OF  MATCHABLE  CONTRIBUTIONS,
 FOR  THE  FIRST  TWO HUNDRED FIFTY DOLLARS OF ELIGIBLE PRIVATE FUNDS PER
 CONTRIBUTOR, OBTAINED AND REPORTED TO THE BOARD IN ACCORDANCE  WITH  THE
 PROVISIONS  OF  THIS TITLE. THE MAXIMUM PAYMENT OF PUBLIC MATCHING FUNDS
 SHALL BE LIMITED TO THE AMOUNTS SET FORTH  IN  SECTION  14-206  OF  THIS
 TITLE FOR THE COVERED ELECTION.
   3.  TIMING  OF  PAYMENT.  THE  BOARD  SHALL MAKE ANY PAYMENT OF PUBLIC
 MATCHING FUNDS TO PARTICIPATING CANDIDATE'S AUTHORIZED POLITICAL COMMIT-
 TEES AS SOON AS IS PRACTICABLE. BUT IN ALL CASES, IT SHALL VERIFY ELIGI-
 BILITY FOR PUBLIC MATCHING FUNDS WITHIN FOUR  BUSINESS  DAYS,  EXCLUDING
 WEEKENDS AND HOLIDAYS, OF RECEIVING A CAMPAIGN CONTRIBUTION REPORT FILED
 IN  COMPLIANCE  WITH SECTION 14-104 OF THIS ARTICLE. WITHIN TWO BUSINESS
 DAYS OF DETERMINING THAT A CANDIDATE FOR A COVERED  OFFICE  IS  ELIGIBLE
 FOR  PUBLIC MATCHING FUNDS, IT SHALL AUTHORIZE PAYMENT OF THE APPLICABLE
 MATCHING FUNDS OWED TO THE CANDIDATE. HOWEVER, IT  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, IN CONSULTATION WITH
 THE OFFICE OF THE COMPTROLLER, PROMULGATE RULES TO FACILITATE ELECTRONIC
 FUNDS TRANSFERS DIRECTLY FROM THE CAMPAIGN FINANCE FUND INTO AN  AUTHOR-
 IZED COMMITTEE'S BANK ACCOUNT.
   §  14-208.  USE  OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN EXPENDI-
 TURES.  1. PUBLIC MATCHING FUNDS PROVIDED UNDER THE PROVISIONS  OF  THIS
 TITLE MAY BE USED ONLY BY AN AUTHORIZED POLITICAL COMMITTEE FOR EXPENDI-
 TURES  TO  FURTHER  THE  PARTICIPATING  CANDIDATE'S  ELECTION, INCLUDING
 PAYING FOR DEBTS INCURRED WITHIN NINE MONTHS PRIOR TO  A  NOMINATION  TO
 FURTHER THE PARTICIPATING CANDIDATE'S ELECTION.
   2. SUCH PUBLIC MATCHING FUNDS MAY NOT BE USED FOR:
   (A) AN EXPENDITURE IN VIOLATION OF ANY LAW;
   (B)  AN  EXPENDITURE  IN  EXCESS OF THE FAIR MARKET VALUE OF SERVICES,
 MATERIALS, FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
   (C) AN EXPENDITURE MADE AFTER THE CANDIDATE HAS BEEN FINALLY DISQUALI-
 FIED FROM THE BALLOT AND ALL JUDICIAL REMEDIES HAVE BEEN EXHAUSTED;
   (D) AN EXPENDITURE MADE AFTER  THE  ONLY  REMAINING  OPPONENT  OF  THE
 CANDIDATE HAS BEEN FINALLY DISQUALIFIED FROM THE GENERAL ELECTION BALLOT
 AND ALL JUDICIAL REMEDIES HAVE BEEN EXHAUSTED;
   (E) AN EXPENDITURE MADE BY CASH PAYMENT;
   (F)  A  CONTRIBUTION  OR  LOAN  OR  TRANSFER MADE TO OR EXPENDITURE TO
 SUPPORT ANOTHER CANDIDATE OR POLITICAL COMMITTEE OR PARTY, COMMITTEE  OR
 CONSTITUTED COMMITTEE;
   (G)  AN  EXPENDITURE  TO  SUPPORT  OR OPPOSE A CANDIDATE FOR AN OFFICE
 OTHER THAN THAT WHICH THE PARTICIPATING CANDIDATE SEEKS;
   (H) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED CAMPAIGN
 MATERIAL;
   (I) LEGAL FEES TO DEFEND AGAINST A CRIMINAL CHARGE;
   (J) PAYMENTS TO IMMEDIATE FAMILY MEMBERS OF THE  PARTICIPATING  CANDI-
 DATE;

 A. 427                              9
 
   (K)  ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
 DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION,  DECLINATION
 OR SUBSTITUTION;
   (L)  ANY IMPERMISSIBLE PERSONAL USE UNDER SECTION 14-130 OF THIS ARTI-
 CLE; OR
   (M) ANY USE WHICH WOULD VIOLATE THE RULES OF PROFESSIONAL  CONDUCT  OF
 THE NEW YORK STATE UNIFIED COURT SYSTEM, AS APPLICABLE.
   §  14-209.  POWERS AND DUTIES OF THE 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  INITI-
 ATIVE.    THE BOARD SHALL PROMULGATE RULES REGARDING REASONABLE TIMES TO
 RESPOND TO SUCH REQUESTS. THE BOARD SHALL 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 WEBPAGE
 WITH IDENTIFYING INFORMATION REDACTED AS  THE  BOARD  DETERMINES  TO  BE
 APPROPRIATE.
   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 ACCESS TO AN ELEC-
 TRONIC  RECORDKEEPING  AND  FILING  SYSTEM,  TO  FACILITATE  THE TASK OF
 COMPLIANCE WITH THE DISCLOSURE AND RECORDKEEPING  REQUIREMENTS  OF  THIS
 TITLE.
   3.  RULES  AND  REGULATIONS.  THE  BOARD  SHALL  HAVE THE AUTHORITY TO
 PROMULGATE SUCH RULES AND REGULATIONS AND PROVIDE SUCH FORMS AS IT DEEMS
 NECESSARY FOR THE ADMINISTRATION OF THIS TITLE.
   4. DATABASE.  THE  BOARD  SHALL  DEVELOP  AN  INTERACTIVE,  SEARCHABLE
 COMPUTER  DATABASE  THAT SHALL CONTAIN ALL INFORMATION NECESSARY FOR THE
 PROPER ADMINISTRATION OF THIS TITLE INCLUDING  INFORMATION  ON  CONTRIB-
 UTIONS  TO AND EXPENDITURES BY CANDIDATES AND THEIR AUTHORIZED POLITICAL
 COMMITTEE, INDEPENDENT EXPENDITURES IN SUPPORT OR OPPOSITION  OF  CANDI-
 DATES  FOR  COVERED  OFFICES, AND DISTRIBUTIONS OF MONEYS FROM THE FUND.
 SUCH DATABASE SHALL BE ACCESSIBLE TO THE PUBLIC ON THE  BOARD'S  WEBPAGE
 NO LATER THAN JUNE FIRST, TWO THOUSAND TWENTY-ONE.
   § 14-210. 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 PUBLIC 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 POLI-
 TICAL COMMITTEE USING PUBLIC FUNDS, PRIVATE FUNDS OR ANY COMBINATION  OF
 SUCH  FUNDS.    THE  AUTHORIZED  POLITICAL  COMMITTEE OF A PARTICIPATING
 CANDIDATE MUST MAINTAIN A RESERVE OF THREE PERCENT OF THE  PUBLIC  FUNDS
 RECEIVED  TO  COMPLY  WITH THE POST-ELECTION AUDIT.   ANY PUBLIC RESERVE
 FUNDS NOT USED SHALL BE REMITTED TO THE NEW YORK STATE ATTORNEY  GENERAL
 CAMPAIGN  FINANCE FUND. 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 POLITICAL COMMITTEE FROM THE
 FUND WAS IN EXCESS OF THE AGGREGATE AMOUNT OF PAYMENTS THAT SUCH  CANDI-
 DATE  WAS  ELIGIBLE  TO  RECEIVE PURSUANT TO THIS TITLE, IT SHALL NOTIFY
 SUCH COMMITTEE AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN AMOUNT EQUAL

 A. 427                             10

 TO THE AMOUNT OF EXCESS PAYMENTS. PROVIDED, HOWEVER, THAT IF THE ERRONE-
 OUS PAYMENT WAS THE RESULT OF AN ERROR BY THE BOARD, THEN THE  ERRONEOUS
 PAYMENT  WILL  BE  DEDUCTED  FROM  ANY FUTURE PAYMENT, IF ANY, AND IF NO
 PAYMENT IS TO BE MADE THEN NEITHER THE CANDIDATE NOR THE COMMITTEE SHALL
 BE  LIABLE  TO  REPAY THE EXCESS AMOUNT TO THE BOARD. THE CANDIDATE, THE
 TREASURER AND THE CANDIDATE'S AUTHORIZED POLITICAL 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  POLITICAL  COMMITTEE FROM THE FUND WAS USED FOR
 PURPOSES OTHER THAN QUALIFIED CAMPAIGN EXPENDITURES  AND  SUCH  EXPENDI-
 TURES  WERE NOT APPROVED BY THE BOARD, IT SHALL NOTIFY SUCH COMMITTEE OF
 THE AMOUNT SO DISQUALIFIED AND SUCH COMMITTEE SHALL PAY TO THE BOARD  AN
 AMOUNT  EQUAL  TO SUCH DISQUALIFIED AMOUNT. THE CANDIDATE, THE TREASURER
 AND THE CANDIDATE'S  AUTHORIZED  POLITICAL  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'S  AUTHORIZED  POLITICAL  COMMITTEE  EXCEED THE TOTAL CAMPAIGN
 EXPENDITURES OF SUCH CANDIDATE'S AUTHORIZED  POLITICAL  COMMITTEE,  SUCH
 CANDIDATE'S  AUTHORIZED  POLITICAL COMMITTEE SHALL USE SUCH EXCESS FUNDS
 TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH AUTHORIZED POLITICAL
 COMMITTEE FROM THE FUND DURING SUCH CALENDAR YEAR. PARTICIPATING  CANDI-
 DATES'  AUTHORIZED  POLITICAL  COMMITTEES 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  POLITICAL  COMMITTEE;
 PROVIDED, HOWEVER, THAT ALL UNSPENT PUBLIC CAMPAIGN FUNDS FOR A  PARTIC-
 IPATING CANDIDATE SHALL BE IMMEDIATELY DUE AND PAYABLE TO THE BOARD UPON
 A  DETERMINATION BY THE BOARD THAT THE PARTICIPANT HAS DELAYED THE POST-
 ELECTION AUDIT. A PARTICIPATING CANDIDATE'S AUTHORIZED POLITICAL COMMIT-
 TEE MAY MAKE POST-ELECTION  EXPENDITURES  WITH  PUBLIC  FUNDS  ONLY  FOR
 ROUTINE  ACTIVITIES  INVOLVING NOMINAL COST ASSOCIATED WITH WINDING UP A
 CAMPAIGN AND RESPONDING TO THE POST-ELECTION AUDIT.    NOTHING  IN  THIS
 TITLE SHALL BE CONSTRUED TO PREVENT A CANDIDATE OR HIS OR HER AUTHORIZED
 POLITICAL  COMMITTEE  FROM  USING  CAMPAIGN  CONTRIBUTIONS RECEIVED FROM
 PRIVATE CONTRIBUTORS FOR OTHERWISE LAWFUL EXPENDITURES.
   3. RULES AND REGULATIONS.  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 PARTICIPATING CANDIDATE'S AUTHORIZED POLITICAL COMMIT-
 TEE  THAT HAS QUALIFIED TO RECEIVE SUCH PAYMENT. THESE REGULATIONS SHALL
 INCLUDE THE PERIODS DURING WHICH SUCH REPORTS  MUST  BE  FILED  AND  THE
 VERIFICATION  REQUIRED,  AND  THE  BOARD  SHALL  DEVELOP  FORMS ON WHICH
 CONTRIBUTIONS AND EXPENDITURES ARE  TO  BE  REPORTED.  THE  BOARD  SHALL
 INSTITUTE PROCEDURES WHICH WILL MAKE POSSIBLE PAYMENT BY THE FUND WITHIN
 FOUR  BUSINESS  DAYS  AFTER  RECEIPT OF THE REQUIRED FORMS AND VERIFICA-
 TIONS.
   §  14-211.  ENFORCEMENT  AND  PENALTIES  FOR  VIOLATIONS   AND   OTHER
 PROCEEDINGS.  1. CIVIL PENALTIES. ANY PERSON WHO, ACTING AS OR ON BEHALF
 OF  A  CANDIDATE  OR  SUCH  CANDIDATE'S  AUTHORIZED POLITICAL COMMITTEE,
 VIOLATES ANY PROVISION OF THIS TITLE, UNDER  CIRCUMSTANCES  EVINCING  AN
 INTENT TO VIOLATE SUCH PROVISION, SHALL BE SUBJECT TO A CIVIL PENALTY IN
 AN  AMOUNT NOT IN EXCESS OF TEN THOUSAND DOLLARS, TO BE RECOVERABLE IN A
 SPECIAL PROCEEDING OR CIVIL ACTION TO  BE BROUGHT BY THE CHIEF  ENFORCE-
 MENT COUNSEL PURSUANT TO SECTIONS 3-104 AND 3-104-A OF THIS CHAPTER.

 A. 427                             11
 
   2.  CRIMINAL CONDUCT. ANY PERSON WHO KNOWINGLY AND WILLFULLY FURNISHES
 OR SUBMITS FALSE STATEMENTS OR INFORMATION TO THE  BOARD  IN  CONNECTION
 WITH  ITS ADMINISTRATION OF THIS TITLE, SHALL BE GUILTY OF A MISDEMEANOR
 IN ADDITION TO ANY OTHER PENALTY AS MAY BE IMPOSED UNDER THIS CHAPTER OR
 PURSUANT  TO  ANY  OTHER  LAW.  ANY  REFERRAL FOR PROSECUTION UNDER THIS
 SUBDIVISION SHALL BE MADE PURSUANT TO SECTION  3-104  OF  THIS  CHAPTER.
 UPON  CONVICTION, THE CHIEF ENFORCEMENT COUNSEL SHALL INITIATE A SPECIAL
 PROCEEDING OR CIVIL ACTION TO RECOVER ANY PUBLIC MATCHING FUNDS OBTAINED
 AS A RESULT OF SUCH CRIMINAL CONDUCT.
   3. PROCEEDINGS AS TO PUBLIC FINANCING. (A) THE DETERMINATION OF ELIGI-
 BILITY PURSUANT TO THIS TITLE AND ANY  QUESTION  OR  ISSUE  RELATING  TO
 PAYMENTS  FOR  CAMPAIGN  EXPENDITURES  PURSUANT  TO  THIS  TITLE  MAY BE
 CONTESTED IN A PROCEEDING INSTITUTED IN THE SUPREME COURT, ALBANY  COUN-
 TY, BY AN 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 POLITICAL COMMITTEE
 AFTER THE ISSUANCE OF WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED  BY
 THIS TITLE, THE CHIEF ENFORCEMENT COUNSEL IS AUTHORIZED TO SEEK RECOVERY
 OF SUCH AMOUNT PURSUANT TO SECTIONS 3-104 AND 3-104-A OF THIS CHAPTER.
   (D)  ANY  SUCH FUNDS OBTAINED OR COLLECTED THROUGH JUDGMENT OR SETTLE-
 MENT SHALL BE REMITTED TO THE NEW YORK STATE ATTORNEY  GENERAL  CAMPAIGN
 FINANCE FUND.
   §  14-212.  REPORTS. THE BOARD SHALL REVIEW AND EVALUATE THE EFFECT OF
 THIS TITLE UPON THE CONDUCT OF ELECTION CAMPAIGNS AND  SHALL  SUBMIT  AN
 ANNUAL  REPORT  TO  THE  GOVERNOR  AND  THE LEGISLATURE ON OR BEFORE MAY
 FIRST, TWO THOUSAND TWENTY-TWO, AND ON OR BEFORE MAY FIRST OF EVERY YEAR
 THEREAFTER, AND AT ANY OTHER TIME UPON THE REQUEST OF THE  GOVERNOR  AND
 AT  SUCH OTHER TIMES AS THE BOARD DEEMS APPROPRIATE. THESE REPORTS SHALL
 INCLUDE:
   1. A LIST OF THE  PARTICIPATING  AND  NONPARTICIPATING  CANDIDATES  IN
 COVERED  ELECTIONS  AND  THE  VOTES  RECEIVED BY EACH CANDIDATE IN THOSE
 ELECTIONS;
   2. THE AMOUNT OF CONTRIBUTIONS AND LOANS  RECEIVED,  AND  EXPENDITURES
 MADE, ON BEHALF OF THESE CANDIDATES;
   3.  THE  AMOUNT  OF PUBLIC MATCHING FUNDS EACH PARTICIPATING CANDIDATE
 RECEIVED, SPENT, AND REPAID PURSUANT TO THIS TITLE;
   4. ANALYSIS OF THE  EFFECT  OF  THIS  TITLE  ON  POLITICAL  CAMPAIGNS,
 INCLUDING  ITS  EFFECT  ON THE SOURCES AND AMOUNTS OF PRIVATE FINANCING,
 THE LEVEL OF CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE  NUMBER  OF
 CANDIDATES,  THE  CANDIDATES' ABILITY TO CAMPAIGN EFFECTIVELY FOR PUBLIC
 OFFICE, AND THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED  TO  OFFICE;
 AND
   5.  RECOMMENDATIONS FOR AMENDMENTS TO THIS TITLE, INCLUDING CHANGES IN
 CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY, AND ANY OTHER  FEATURES
 OF THE SYSTEM.
   §  14-213. SEVERABILITY.   IF ANY CLAUSE, SENTENCE, SUBDIVISION, PARA-
 GRAPH, SECTION OR PART OF THIS TITLE BE ADJUDGED BY ANY COURT OF  COMPE-
 TENT  JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR
 OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
 TION TO THE CLAUSE, SENTENCE, SUBDIVISION, PARAGRAPH,  SECTION  OR  PART
 THEREOF  DIRECTLY  INVOLVED  IN  THE  CONTROVERSY IN WHICH SUCH JUDGMENT
 SHALL HAVE BEEN RENDERED.

 A. 427                             12
 
   NOTHING IN THIS TITLE SHALL BE  CONSTRUED  TO  REQUIRE  CANDIDATES  OR
 CANDIDATES'  AUTHORIZED  POLITICAL  COMMITTEES  TO  COMMIT ANY ACT WHICH
 WOULD VIOLATE THE RULES GOVERNING ATTORNEY GENERAL CONDUCT  PURSUANT  TO
 THE  RULES  OF  PROFESSIONAL CONDUCT OF THE NEW YORK STATE UNIFIED COURT
 SYSTEM,  AS APPLICABLE.   TO THE EXTENT THAT ANY PROVISION IN THIS TITLE
 CONFLICTS WITH SUCH RULES, THE RULES SHALL CONTROL.
   § 6. The state finance law is amended by adding a new section 92-t  to
 read as follows:
   §  92-T.  NEW  YORK  STATE  ATTORNEY GENERAL CAMPAIGN FINANCE FUND. 1.
 THERE IS HEREBY ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMP-
 TROLLER  AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN
 AS THE NEW YORK STATE ATTORNEY GENERAL CAMPAIGN FINANCE FUND.
   2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE NEW  YORK
 STATE  ATTORNEY  GENERAL  CAMPAIGN  FINANCE  FUND  CHECK-OFF PURSUANT TO
 SUBSECTION (H) OF SECTION SIX HUNDRED FIFTY-EIGHT OF THE TAX  LAW,  FROM
 THE  ABANDONED  PROPERTY  FUND  PURSUANT  TO SECTION NINETY-FIVE OF THIS
 ARTICLE, FROM THE GENERAL FUND, AND FROM ALL OTHER  MONEYS  CREDITED  OR
 TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.  SUCH
 FUND  SHALL  ALSO RECEIVE CONTRIBUTIONS FROM PRIVATE INDIVIDUALS, ORGAN-
 IZATIONS, OR OTHER PERSONS TO  FULFILL  THE  PURPOSES  OF  THE  ATTORNEY
 GENERAL  PUBLIC FINANCING SYSTEM, AS WELL AS ANY FUNDS REMITTED PURSUANT
 TO SECTION 14-211 OF THE ELECTION LAW.
   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 BUSINESS 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  ATTORNEY  GENERAL  CAMPAIGN  FINANCE  FUND
 LACKS THE AMOUNT OF MONEY TO PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDI-
 DATES  AND  CERTIFIED  OR  APPROVED BY THE STATE BOARD OF ELECTIONS, ANY
 SUCH DEFICIENCY SHALL BE PAID  BY  THE  STATE  COMPTROLLER,  FROM  FUNDS
 DEPOSITED  IN  THE GENERAL FUND OF THE STATE NOT MORE THAN FOUR BUSINESS
 DAYS AFTER SUCH VOUCHER IS RECEIVED BY THE STATE COMPTROLLER.
   5. COMMENCING IN TWO THOUSAND TWENTY-TWO, IF THE SURPLUS IN  THE  FUND
 ON  APRIL  FIRST OF THE YEAR AFTER A YEAR IN WHICH A GOVERNOR IS ELECTED
 EXCEEDS TWENTY-FIVE PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER  THE
 PREVIOUS  FOUR YEARS, THE EXCESS SHALL REVERT TO THE GENERAL FUND OF THE
 STATE.
   6. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN  A
 GENERAL  ELECTION  ANY  EARLIER THAN THE LAST DAY TO DECLINE AN ATTORNEY
 GENERAL NOMINATION PURSUANT TO SUBDIVISION SEVEN OF SECTION 6-158 OF THE
 ELECTION LAW.
   7. NO PUBLIC FUNDS SHALL BE PAID TO THE AUTHORIZED POLITICAL COMMITTEE
 OF ANY PARTICIPATING CANDIDATE WHO HAS BEEN DISQUALIFIED OR WHOSE  NOMI-
 NATION  HAS  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  PARTICIPATING  CANDIDATE'S  AUTHORIZED
 POLITICAL COMMITTEE ON THE DATE OF SUCH DISQUALIFICATION OR INVALIDATION
 MAY THEREAFTER BE EXPENDED FOR ANY PURPOSE EXCEPT THE PAYMENT OF LIABIL-

 A. 427                             13
 
 ITIES  INCURRED BEFORE SUCH DATE.  ALL OTHER SUCH MONEYS SHALL BE REPAID
 TO THE FUND.
   §  7.  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 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 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 NEW YORK STATE ATTORNEY GENERAL CAMPAIGN  FINANCE  FUND
 ESTABLISHED BY SECTION NINETY-TWO-T OF THIS ARTICLE.
   §  8. Section 658 of the tax law is amended by adding a new subsection
 (h) to read as follows:
   (H) NEW YORK STATE ATTORNEY GENERAL CAMPAIGN FINANCE  FUND  CHECK-OFF.
 (1)  FOR  EACH  TAXABLE  YEAR  BEGINNING ON AND AFTER JANUARY FIRST, TWO
 THOUSAND TWENTY, EVERY RESIDENT TAXPAYER WHOSE NEW YORK STATE INCOME TAX
 LIABILITY FOR THE TAXABLE YEAR FOR WHICH THE RETURN IS  FILED  IS  FORTY
 DOLLARS  OR MORE MAY DESIGNATE ON SUCH RETURN THAT FORTY DOLLARS BE PAID
 INTO THE NEW YORK STATE ATTORNEY GENERAL CAMPAIGN  FINANCE  FUND  ESTAB-
 LISHED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW. WHERE A HUSBAND
 AND  WIFE  FILE  A  JOINT  RETURN  AND  HAVE A NEW YORK STATE INCOME TAX
 LIABILITY FOR THE TAXABLE YEAR FOR WHICH THE RETURN IS FILED  IS  EIGHTY
 DOLLARS  OR  MORE,  OR FILE SEPARATE RETURNS ON A SINGLE FORM, EACH SUCH
 TAXPAYER MAY MAKE SEPARATE DESIGNATIONS ON SUCH RETURN OF FORTY  DOLLARS
 TO  BE  PAID  INTO  THE NEW YORK STATE ATTORNEY GENERAL CAMPAIGN FINANCE
 FUND.
   (2) THE COMMISSIONER SHALL TRANSFER TO THE  NEW  YORK  STATE  ATTORNEY
 GENERAL  CAMPAIGN  FINANCE FUND, ESTABLISHED PURSUANT TO SECTION NINETY-
 TWO-T OF THE STATE FINANCE LAW, AN AMOUNT EQUAL TO FORTY DOLLARS  MULTI-
 PLIED BY THE NUMBER OF DESIGNATIONS.
   (3)  FOR  PURPOSES  OF THIS SUBSECTION, THE INCOME TAX LIABILITY OF AN
 INDIVIDUAL FOR ANY TAXABLE YEAR IS THE AMOUNT OF TAX IMPOSED UNDER  THIS
 ARTICLE  REDUCED  BY  THE  SUM  OF  THE  CREDITS (AS SHOWN IN HIS OR HER
 RETURN) ALLOWABLE UNDER THIS ARTICLE.
   (4) THE DEPARTMENT SHALL INCLUDE A PLACE ON EVERY PERSONAL INCOME  TAX
 RETURN  FORM TO BE FILED BY AN INDIVIDUAL FOR A TAX YEAR BEGINNING ON OR
 AFTER JANUARY FIRST, TWO THOUSAND TWENTY-ONE, FOR SUCH TAXPAYER TO  MAKE
 THE  DESIGNATIONS  DESCRIBED  IN  PARAGRAPH ONE OF THIS SUBSECTION. SUCH
 RETURN FORM SHALL CONTAIN A CONCISE EXPLANATION OF THE PURPOSE  OF  SUCH
 OPTIONAL DESIGNATIONS.
   §  9.    Section  16-120 of the election law, as added by section 5 of
 part E of chapter 399 of the  laws  of  2011,  is  amended  to  read  as
 follows:
   §  16-120.  Enforcement proceedings. 1. The supreme court or a justice
 thereof, in a proceeding instituted by the state board of elections, may
 impose a civil penalty, as provided for in subdivisions one and  two  of
 section 14-126 of this chapter AND AS PROVIDED FOR IN SUBDIVISION ONE OF
 SECTION 14-211 OF THIS CHAPTER.
   2. Upon proof that a violation of article fourteen of this chapter, as
 provided in subdivision one of this section, has occurred, the court may

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 impose  a civil penalty, pursuant to subdivisions one and two of section
 14-126 of this chapter AND PURSUANT TO SUBDIVISION ONE OF SECTION 14-211
 OF THIS CHAPTER, after considering, among other factors, the severity of
 the violation or violations, whether the subject of the violation made a
 good  faith  effort  to correct the violation and whether the subject of
 the violation has a history of similar  violations.  All  such  determi-
 nations  shall  be  made on a fair and equitable basis without regard to
 the status of the candidate or political committee.
   3. THE SUPREME COURT OR A JUSTICE THEREOF, IN A PROCEEDING TO  RECOVER
 PUBLIC FUNDS INSTITUTED PURSUANT TO SUBDIVISION TWO OF SECTION 14-211 OF
 THIS CHAPTER, MAY ORDER THE RECOVERY OF SUCH PUBLIC FUNDS.
   §  10.  Severability. If any clause, sentence, subdivision, paragraph,
 section or part of title II 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
 the clause, sentence, subdivision, paragraph, section  or  part  thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered.
   § 11. This act shall take effect immediately; provided,  however,  all
 affected  candidates will be eligible to participate in voluntary public
 financing beginning with the 2021 election and provided,  further,  this
 act shall expire June 1, 2024 when upon such date the provisions of this
 act shall be deemed repealed.