S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6116
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen.  SAVINO -- 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 authorizing a change of
   party affiliation 25 days prior to the next ensuing  primary,  general
   or  special  election,  overhauling campaign financing and providing a
   voluntary financing program for campaigns for state officers; to amend
   the general business law, in relation to authorizing the imposition of
   an additional surcharge on recoveries for fraudulent practices  relat-
   ing  to stocks, bonds and other securities; to amend the state finance
   law, in relation to establishing the New York state  campaign  finance
   fund  and  providing for transfers thereto from the abandoned property
   fund; to amend the tax law, in relation to providing for  a  New  York
   state   campaign   finance  fund  check-off;  and  to  repeal  certain
   provisions of the election law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "integrity in elections act of 2019".
   § 2. Legislative intent.  The legislature declares that it is  in  the
 public  interest  to  create  and  ensure  a  truly democratic political
 system, one of the highest integrity, in which citizens,  regardless  of
 their  income, status or financial wealth, are enabled and encouraged to
 compete for public office. The legislature further declares that present
 campaign finance laws must be amended to ensure that the voices of indi-
 vidual small contributors are heard and that elections are conducted  in
 a fair and open manner.
   Therefore, the legislature finds it necessary to establish a voluntary
 system  for  the financing of campaigns for all qualified candidates for
 state elective offices  and  constitutional  convention  delegates.  The
 legislature  further  finds that this new system which provides matching
 funds for small contributions from individuals allows increased  citizen
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11713-01-9

 S. 6116                             2
 
 participation  in  state  elections.  The legislature also creates a new
 campaign finance board placed within and working hand in hand  with  the
 state  board of elections to provide effective oversight and enforcement
 of  the  voluntary  campaign  financing system. Finally, the legislature
 lowers contribution limits for all  contributors,  whether  or  not  the
 candidate  participates  in  the  voluntary system, thereby removing the
 influence of large contributions in state and local elections.
   § 3. Subdivision 3 of section 5-304 of the election law, as amended by
 chapter 90 of the laws of 1991, is amended to read as follows:
   3. A change of enrollment received by the board of elections,  SHOWING
 A  DATED  CANCELLATION  MARK  OF  THE  UNITED  STATES  POSTAL SERVICE OR
 CONTAINED IN AN ENVELOPE SHOWING SUCH CANCELLATION MARK WHICH IS  DATED,
 not  later  than the twenty-fifth day before the [general election shall
 be deposited in a sealed enrollment box, which shall not be opened until
 the first Tuesday  following  such  general  election.  Such  change  of
 enrollment  shall  be then removed and entered as provided in this arti-
 cle] NEXT ENSUING PRIMARY, GENERAL OR SPECIAL ELECTION OR  DELIVERED  IN
 PERSON TO SUCH COUNTY BOARD OF ELECTIONS NOT LATER THAN THE TWENTY-FIFTH
 DAY  BEFORE  A  PRIMARY, GENERAL OR SPECIAL ELECTION, SHALL BE EFFECTIVE
 FOR SUCH ELECTION. ENROLLMENT CHANGES SHALL BE ENTERED  AS  PROVIDED  IN
 THIS  ARTICLE  AND SHALL BE DEEMED TO TAKE EFFECT ON THE FIFTH DAY AFTER
 SUCH CHANGE OF ENROLLMENT IS RECEIVED BY THE BOARD OF  ELECTIONS  OR  IF
 THE  CHANGE  OF ENROLLMENT, OR THE ENVELOPE CONTAINING IT, BEARS A DATED
 CANCELLATION MARK OF THE UNITED STATES POSTAL SERVICE, SUCH CHANGE SHALL
 BE ENTERED AND SHALL BE DEEMED TO TAKE EFFECT ON THE TENTH DAY AFTER THE
 DATE OF SUCH MARK, WHICHEVER IS EARLIER; EXCEPT THAT NO CHANGE WILL TAKE
 EFFECT SOONER THAN THE FIFTH DAY AFTER THE RECEIPT  OF  SUCH  CHANGE  OF
 ENROLLMENT BY THE BOARD OF ELECTIONS.
   § 4. Subdivision 10 of section 14-100 of the election law, as added by
 chapter  8  of  the laws of 1978 and as redesignated by chapter 9 of the
 laws of 1978, is amended and a new subdivision 18 is added  to  read  as
 follows:
   10.  "transfer"  means  any  exchange  of  funds or any thing of value
 between political committees authorized by the same candidate and taking
 part solely in his OR HER campaign[, or any exchange of funds between  a
 party  or constituted committee and a candidate or any of his authorized
 political committees].
   18. "BOARD", "STATE BOARD" OR "STATE BOARD  OF  ELECTIONS"  MEANS  THE
 CAMPAIGN FINANCE BOARD AS ESTABLISHED IN TITLE TWO OF THIS ARTICLE.
   §  5.  Subdivision 1 of section 14-102 of the election law, as amended
 by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the
 laws of 1978, is amended to read as follows:
   1. The treasurer of every political committee which, or  any  officer,
 member  or  agent  of  any  such  committee  who, in connection with any
 election, receives or expends any  money  or  other  valuable  thing  or
 incurs  any  liability  to pay money or its equivalent shall file state-
 ments sworn, or subscribed and bearing a form notice that  false  state-
 ments  made  therein are punishable as a class A misdemeanor pursuant to
 section 210.45 of the penal law, at the times prescribed by this  [arti-
 cle]  TITLE  setting  forth  all  the receipts, contributions to and the
 expenditures by and liabilities of the committee, and of  its  officers,
 members  and  agents  in  its  behalf. Such statements shall include the
 dollar amount of any receipt[,] OR contribution [or  transfer],  or  the
 fair market value of any receipt[,] OR contribution [or transfer], which
 is  other  than  of  money,  the  name  and address of the [transferor,]
 contributor or person  from  whom  received,  and  [if  the  transferor,

 S. 6116                             3

 contributor or person is] FOR ANY TRANSFER, CONTRIBUTION OR RECEIPT MADE
 BY a political committee; the name of and the political unit represented
 by  the  committee,  the date of its receipt, the dollar amount of every
 expenditure,  the  name and address of the person to whom it was made or
 the name of and the political unit represented by the committee to which
 it was made and the date thereof, and shall state clearly the purpose of
 such expenditure.  Any statement reporting a loan shall have attached to
 it a copy of the evidence of indebtedness. Expenditures  in  sums  under
 fifty  dollars  need not be specifically accounted for by separate items
 in said statements, and receipts and contributions aggregating not  more
 than  ninety-nine  dollars, from any one contributor need not be specif-
 ically accounted for by separate  items  in  said  statements,  provided
 however,  that  such  expenditures,  receipts and contributions shall be
 subject to the other provisions of  section  14-118  of  this  [article]
 TITLE.
   §  6.  Subdivisions  1  and  3  of section 14-114 of the election law,
 subdivision 1 as amended by chapter 79 of the laws of 1992, paragraphs a
 and b of subdivision 1 as amended by chapter 659 of the laws of 1994 and
 subdivision 3 as amended by chapter 517 of the laws of 1986, are amended
 to read as follows:
   1. The following limitations apply to all contributions to  candidates
 for election to any public office or for nomination for any such office,
 or  for  election  to  any  party positions, and to all contributions to
 political committees working directly or indirectly with  any  candidate
 to  aid or participate in such candidate's nomination or election, other
 than any contributions to any party committee or constituted committee:
   a. In any election for a public office to be voted on by the voters of
 the entire state, or for nomination to any such office,  no  contributor
 may  make a contribution to any candidate or political committee, and no
 candidate or political committee may accept any  contribution  from  any
 contributor,  which is in the aggregate amount greater than:  (i) in the
 case of any nomination to public  office,  [the  product  of  the  total
 number of enrolled voters in the candidate's party in the state, exclud-
 ing  voters  in  inactive  status,  multiplied by $.005, but such amount
 shall be not less than four thousand dollars nor more than  twelve]  TWO
 thousand  SIX  HUNDRED dollars [as increased or decreased by the cost of
 living adjustment described in paragraph c  of  this  subdivision],  and
 (ii)  in  the case of any election to a public office, [twenty-five] TWO
 thousand SIX HUNDRED dollars [as increased or decreased by the  cost  of
 living  adjustment  described  in  paragraph  c  of  this  subdivision];
 provided however, THAT THE MAXIMUM AMOUNT CONTRIBUTED BY ANY CONTRIBUTOR
 OR ACCEPTED BY ANY CANDIDATE OR POLITICAL COMMITTEE FOR BOTH  A  PRIMARY
 AND  A  GENERAL  ELECTION  SHALL  NOT  EXCEED  TWO  THOUSAND SIX HUNDRED
 DOLLARS; AND PROVIDED FURTHER that the maximum amount which  may  be  so
 contributed or accepted[, in the aggregate,] from any candidate's child,
 parent, grandparent, brother [and] OR sister, [and] OR the spouse of any
 such  persons, shall not exceed [in the case of any nomination to public
 office an amount equivalent to the product of  the  number  of  enrolled
 voters  in the candidate's party in the state, excluding voters in inac-
 tive status, multiplied by $.025, and in the case of any election for  a
 public  office,  an  amount  equivalent  to the product of the number of
 registered voters in the state  excluding  voters  in  inactive  status,
 multiplied by $.025] TWO THOUSAND SIX HUNDRED DOLLARS.  FOR THE PURPOSES
 OF  THIS  SUBDIVISION,  THE  TERM "CHILD" SHALL INCLUDE PERSONS EIGHTEEN
 YEARS OF AGE OR OLDER.

 S. 6116                             4
 
   b. In any other election for party  position  or  for  election  to  a
 public  office or for nomination for any such office, no contributor may
 make a contribution to any  candidate  or  political  committee  and  no
 candidate  or  political  committee may accept any contribution from any
 contributor,  which  [is in the aggregate amount greater than] SHALL NOT
 EXCEED:  (i) in the case of any election  for  party  position,  or  for
 nomination to public office, the product of the total number of enrolled
 voters  in the candidate's party in the district in which he is a candi-
 date, excluding voters in inactive status, multiplied by  $.05,  OR  TWO
 THOUSAND SIX HUNDRED DOLLARS, and (ii) in the case of any election for a
 public  office,  the product of the total number of registered voters in
 the district, excluding voters in inactive status, multiplied  by  $.05,
 OR TWO THOUSAND SIX HUNDRED DOLLARS, however in the case of a nomination
 within  the city of New York for the office of mayor, public advocate or
 comptroller, such amount shall be not less than  four  thousand  dollars
 nor  more than twelve thousand dollars [as increased or decreased by the
 cost of living adjustment described in paragraph c of this subdivision];
 in the case of an election within the city of New York for the office of
 mayor, public advocate or comptroller, twenty-five thousand dollars  [as
 increased  or  decreased  by  the cost of living adjustment described in
 paragraph c of this subdivision]; in the case of a nomination for  state
 senator,  [four]  TWO  thousand  SIX  HUNDRED  dollars  [as increased or
 decreased by the cost of living adjustment described in paragraph  c  of
 this  subdivision];  in the case of an election for state senator, [six]
 TWO  thousand  [two]  SIX  hundred  [fifty]  dollars  [as  increased  or
 decreased  by  the cost of living adjustment described in paragraph c of
 this subdivision]; in the case of an election or nomination for a member
 of the assembly, [twenty-five] TWO  THOUSAND  SIX  hundred  dollars  [as
 increased  or  decreased  by  the cost of living adjustment described in
 paragraph c of this subdivision]; but in no event shall any such maximum
 [exceed fifty thousand dollars or] be less than  one  thousand  dollars;
 provided however, that the maximum amount which may be so contributed or
 accepted[, in the aggregate,] from any candidate's child, parent, grand-
 parent,  brother  [and]  OR  sister,  [and]  OR  the  spouse of any such
 persons, shall not exceed in the case of any election for party position
 or nomination for public office an amount equivalent to  the  number  of
 enrolled  voters in the candidate's party in the district in which he is
 a candidate, excluding voters in inactive status, multiplied by $.25 and
 in the case of any election to public office, an  amount  equivalent  to
 the  number  of  registered  voters in the district, excluding voters in
 inactive status, multiplied by  $.25;  or  [twelve],  TWO  THOUSAND  SIX
 hundred  [fifty]  dollars,  [whichever  is greater,] or in the case of a
 nomination or election of a state senator,  [twenty]  TWO  thousand  SIX
 HUNDRED  dollars, [whichever is greater,] or in the case of a nomination
 or election of a member of the assembly [twelve] TWO thousand [five] SIX
 hundred dollars[, whichever is greater, but in no event shall  any  such
 maximum  exceed  one  hundred thousand dollars]; PROVIDED, HOWEVER, THAT
 THE MAXIMUM AMOUNT CONTRIBUTED BY ANY CONTRIBUTOR  OR  ACCEPTED  BY  ANY
 CANDIDATE  OR  POLITICAL  COMMITTEE  FOR  BOTH  A  PRIMARY AND A GENERAL
 ELECTION  SHALL  NOT  EXCEED  TWO  THOUSAND  SIX  HUNDRED  DOLLARS;  AND
 PROVIDED, FURTHER THAT THE MAXIMUM AMOUNT WHICH MAY BE SO CONTRIBUTED OR
 ACCEPTED  FROM  ANY  CANDIDATE'S  CHILD, PARENT, GRANDPARENT, BROTHER OR
 SISTER, OR THE SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED TWO THOUSAND
 SIX HUNDRED DOLLARS FOR THE NOMINATION AND ELECTION TO A PUBLIC  OFFICE.
 FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,  THE  TERM "CHILD" SHALL MEAN
 PERSONS EIGHTEEN YEARS OF AGE OR OLDER.

 S. 6116                             5
 
   [c. At the beginning of each fourth calendar year, commencing in nine-
 teen hundred ninety-five, the state board shall determine the percentage
 of the difference between the most  recent  available  monthly  consumer
 price  index  for  all  urban  consumers  published by the United States
 bureau  of  labor statistics and such consumer price index published for
 the same month four years previously. The amount  of  each  contribution
 limit  fixed in this subdivision shall be adjusted by the amount of such
 percentage difference to the closest one hundred dollars  by  the  state
 board which, not later than the first day of February in each such year,
 shall issue a regulation publishing the amount of each such contribution
 limit.  Each contribution limit as so adjusted shall be the contribution
 limit in effect for any election held before the next such adjustment.]
   3. As used in this section the term "contributor" shall [not]  include
 a  party  committee  supporting the candidate of such party or a consti-
 tuted committee supporting the candidate of such party.
   § 7. Subdivision 6 of section 14-114 of the election law is REPEALED.
   § 8. Subdivision 10 of section 14-114 of the election law, as added by
 chapter 79 of the laws of 1992, is amended to read as follows:
   10.[a.] No contributor may make a contribution to a party  or  consti-
 tuted committee and no such committee may accept a contribution from any
 contributor  which,  in  the  aggregate, is greater than [sixty-two] TEN
 thousand [five hundred] dollars per annum.
   [b. At the beginning of each fourth calendar year, commencing in nine-
 teen hundred ninety-five, the state board shall determine the percentage
 of the difference between the most  recent  available  monthly  consumer
 price  index  for  all  urban  consumers  published by the United States
 bureau of labor statistics and such consumer price index  published  for
 the  same  month  four years previously. The amount of such contribution
 limit fixed in paragraph a of this subdivision shall be adjusted by  the
 amount  of such percentage difference to the closest one hundred dollars
 by the state board which, not later than the first day  of  February  in
 each  such  year, shall issue a regulation publishing the amount of such
 contribution limit. Such contribution limit as so adjusted shall be  the
 contribution  limit in effect for any election held before the next such
 adjustment.]
   § 9. Subdivision 2 of section 14-116 of the election law,  as  amended
 by chapter 4 of the laws of 2019, is amended to read as follows:
   2.  A.  Notwithstanding  [the  provisions  of  subdivision one of this
 section, any corporation or an  organization  financially  supported  in
 whole  or in part, by such corporation, any limited liability company or
 other corporate entity may make expenditures,  including  contributions,
 not  otherwise  prohibited  by law, for political purposes, in an amount
 not to exceed five thousand dollars in the  aggregate  in  any  calendar
 year;  provided  that no public utility shall use revenues received from
 the rendition of public service within the state for  contributions  for
 political  purposes  unless  such cost is charged to the shareholders of
 such a public service corporation] ANY OTHER PROVISION  OF  LAW  TO  THE
 CONTRARY,  NO  CONTRIBUTION,  LOAN, LOAN GUARANTEE OR OTHER SECURITY FOR
 SUCH A LOAN FROM ANY CORPORATION,  LIMITED  LIABILITY  COMPANY,  LIMITED
 LIABILITY  PARTNERSHIP  OR PARTNERSHIP, OTHER THAN IN THE REGULAR COURSE
 OF THE LENDER'S BUSINESS, MAY BE ACCEPTED BY A CANDIDATE OR A  POLITICAL
 COMMITTEE,  OTHER THAN A CORPORATION, LIMITED LIABILITY COMPANY, LIMITED
 LIABILITY PARTNERSHIP OR PARTNERSHIP THAT IS A POLITICAL COMMITTEE,  FOR
 ALL NOMINATIONS TO ANY OFFICE OR ELECTION TO ANY OFFICE.
   B.  A  LOAN  MADE  TO A CANDIDATE OR POLITICAL COMMITTEE, OTHER THAN A
 CONSTITUTED COMMITTEE, BY ANY  PERSON,  FIRM  OR  ASSOCIATION  SHALL  BE

 S. 6116                             6
 
 REPAID  BY  THE DATE OF THE PRIMARY, SPECIAL OR GENERAL ELECTION, AS THE
 CASE MAY BE, OR SUCH LOAN SHALL BE CONSIDERED  A  CONTRIBUTION  BY  SUCH
 PERSON,  FIRM  OR ASSOCIATION INCLUDING ANY PERSON ENDORSING, COSIGNING,
 GUARANTEEING, COLLATERALIZING OR OTHER PROVIDING SECURITY FOR THE LOAN.
   § 10. Subdivision 3 of section 14-124 of the election law is REPEALED.
   §  11.  The  election law is amended by adding a new section 14-125 to
 read as follows:
   § 14-125. NEW YORK STATE BUSINESS CONTRACT DATABASE. 1. A. AS USED  IN
 THIS SECTION:
   (I)  THE  TERM  "BUSINESS RELATIONSHIPS WITH THE STATE" SHALL MEAN ANY
 CONTRACT FOR THE PROCUREMENT OF GOODS, SERVICES OR CONSTRUCTION THAT  IS
 ENTERED  INTO  OR  IN EFFECT WITH THE STATE OF NEW YORK OR ANY AGENCY OR
 ENTITY AFFILIATED THERETO NOT AWARDED THROUGH A COMPETITIVE BID  PROCESS
 PURSUANT  TO ARTICLES NINE AND ELEVEN OF THE STATE FINANCE LAW. BUSINESS
 RELATIONSHIPS WITH THE  STATE  SHALL  NOT  MEAN  ANY  PERSON  OR  ENTITY
 REJECTED  FROM  PARTICIPATION IN SUCH A CONTRACT OR ANY PERSON OR ENTITY
 NOT PARTICIPATING IN SUCH A CONTRACT WITHIN TWENTY-FOUR  MONTHS  OF  ANY
 ELECTION.
   (II) THE TERM "NEW YORK STATE BUSINESS CONTRACT DATABASE" SHALL MEAN A
 DATABASE  CREATED,  OPERATED,  MAINTAINED AND UPDATED BY THE STATE COMP-
 TROLLER ACCESSIBLE TO THE PUBLIC WHICH CONTAINS THE NAMES OF PERSONS WHO
 HAVE BUSINESS RELATIONSHIPS WITH  THE  STATE.  SUCH  DATABASE  SHALL  BE
 CREATED,  OPERATED, MAINTAINED AND UPDATED BY THE STATE COMPTROLLER IN A
 MANNER SO  AS  TO  ENSURE  ITS  REASONABLE  ACCURACY  AND  COMPLETENESS;
 PROVIDED,  HOWEVER, THAT IN NO EVENT SHALL SUCH DATABASE BE UPDATED LESS
 FREQUENTLY THAN ONCE A MONTH IN ANY GENERAL ELECTION YEAR. SUCH DATABASE
 SHALL ENABLE MEMBERS OF THE PUBLIC TO DETERMINE IF A GIVEN PERSON HAS  A
 BUSINESS RELATIONSHIP WITH THE STATE.
   (III)  THE  TERM  "PERSON"  SHALL INCLUDE ANY CHIEF EXECUTIVE OFFICER,
 CHIEF FINANCIAL OFFICER OR CHIEF OPERATING OFFICER  OF  SUCH  ENTITY  OR
 PERSONS  SERVING  IN  AN  EQUIVALENT  CAPACITY, ANY PERSON EMPLOYED IN A
 SENIOR MANAGERIAL CAPACITY REGARDING SUCH ENTITY, OR ANY PERSON WITH  AN
 INTEREST  IN  SUCH ENTITY WHICH EXCEEDS TEN PERCENT OF THE VALUE OF SUCH
 ENTITY AT FAIR MARKET VALUE.
   (IV) THE TERM "SENIOR MANAGERIAL CAPACITY" SHALL  MEAN  A  HIGH  LEVEL
 SUPERVISORY  CAPACITY,  EITHER  BY  VIRTUE  OF TITLE OR DUTIES, IN WHICH
 SUBSTANTIAL DISCRETION AND OVERSIGHT IS EXERCISED OVER THE SOLICITATION,
 LETTING OR ADMINISTRATION  OF  BUSINESS  TRANSACTIONS  WITH  THE  STATE,
 INCLUDING  CONTRACTS,  FRANCHISES, CONCESSION, GRANTS, ECONOMIC DEVELOP-
 MENT AGREEMENTS AND APPLICATION FOR LAND USE APPROVALS.
   B. ANY DATABASE MAINTAINED BY THE COMPTROLLER AS OF THE EFFECTIVE DATE
 OF THIS SECTION MAY SERVE AS THE NEW YORK STATE BUSINESS CONTRACT  DATA-
 BASE  UPON  CERTIFICATION  BY  THE  COMPTROLLER  TO  THE CHAIRMAN OF THE
 CAMPAIGN FINANCE BOARD THAT SUCH DATABASE FULFILLS THE  REQUIREMENTS  OF
 THIS SECTION. EVERY STATE AGENCY OR AUTHORITY OF THE STATE INCLUDING ANY
 ENTITY AFFILIATED THERETO SHALL PROVIDE THE COMPTROLLER WITH SUCH INFOR-
 MATION  AS  IS NECESSARY TO CONSTRUCT, MODIFY AND MAINTAIN SUCH DATABASE
 IN A TIMELY MANNER.
   2. A. NEITHER A CANDIDATE  PARTICIPATING  IN  THE  VOLUNTARY  CAMPAIGN
 FINANCE  PROGRAM  ESTABLISHED  PURSUANT TO THIS ARTICLE, NOR A POLITICAL
 COMMITTEE OF SUCH CANDIDATE SHALL ACCEPT  CONTRIBUTIONS  FOR  A  COVERED
 ELECTION  WHICH  IN  THE  AGGREGATE  EXCEEDS FOUR HUNDRED DOLLARS FROM A
 PERSON OR ENTITY WHO HAS A BUSINESS RELATIONSHIP WITH THE STATE.
   B. NEITHER A  CANDIDATE  WHO  DOES  NOT  PARTICIPATE  IN  A  VOLUNTARY
 CAMPAIGN  FINANCE  PROGRAM  PURSUANT  TO  THIS  ARTICLE  NOR A POLITICAL
 COMMITTEE OF SUCH CANDIDATE SHALL ACCEPT  CONTRIBUTIONS  FOR  A  COVERED

 S. 6116                             7
 
 ELECTION  WHICH  IN  THE  AGGREGATE  EXCEEDS FOUR HUNDRED DOLLARS FROM A
 PERSON OR ENTITY WHO HAS A BUSINESS RELATIONSHIP WITH THE STATE.
   C.  NO  CONTRIBUTION  PURSUANT  TO THIS SECTION TO A CANDIDATE OR TO A
 POLITICAL COMMITTEE OF SUCH CANDIDATE SHALL  BE  ELIGIBLE  FOR  MATCHING
 CONTRIBUTIONS PURSUANT TO TITLE TWO OF THIS ARTICLE.
   D. IF THE CAMPAIGN FINANCE BOARD DETERMINES THAT ANY CONTRIBUTION TO A
 CANDIDATE  OR  TO THE POLITICAL COMMITTEE OF SUCH CANDIDATE VIOLATES THE
 PROVISIONS OF THIS SECTION, THE CAMPAIGN FINANCE BOARD SHALL NOTIFY SUCH
 CANDIDATE WITHIN TWENTY DAYS OF SUCH DETERMINATION AND SUCH CANDIDATE OR
 CANDIDATE'S POLITICAL COMMITTEE  SHALL  MAKE  A  REASONABLE  ATTEMPT  TO
 RETURN  SUCH CONTRIBUTION TO THE CONTRIBUTOR; PROVIDED, HOWEVER, THAT IF
 SUCH CANDIDATE OR THE POLITICAL COMMITTEE OF SUCH CANDIDATE IS UNABLE TO
 RETURN SUCH CONTRIBUTION, SUCH MONIES SHALL  BE  PAID  TO  THE  CAMPAIGN
 FINANCE  BOARD FOR PAYMENT INTO THE NEW YORK STATE CAMPAIGN FINANCE FUND
 PURSUANT TO SECTION NINETY-NINE-HH OF THE STATE FINANCE LAW.
   E. THE STATE COMPTROLLER AND THE  CHAIRMAN  OF  THE  CAMPAIGN  FINANCE
 BOARD SHALL PROMULGATE SUCH RULES AND REGULATIONS AS THE COMPTROLLER AND
 THE CHAIRMAN DEEM NECESSARY FOR THE ADMINISTRATION OF THIS SECTION.
   § 12. The article heading of article 14 of the election law is amended
 to read as follows:

               CAMPAIGN [RECEIPTS AND EXPENDITURES] FINANCE
 
   § 13. Sections 14-100 through 14-132 of article 14 of the election law
 are  designated  title  1  and  a  new title heading is added to read as
 follows:
 
                    CAMPAIGN RECEIPTS AND EXPENDITURES
 
   § 14. Article 14 of the election law is amended by adding a new  title
 2 to read as follows:
                                 TITLE II
                            MATCHING FINANCING
 SECTION 14-200. APPLICABILITY AND DEFINITIONS.
         14-202. REPORTING REQUIREMENTS.
         14-204. CONTRIBUTION AND RECEIPT LIMITATIONS.
         14-206. PROOF OF COMPLIANCE.
         14-208. ELIGIBILITY.
         14-212. PAYMENT OF MATCHING FUNDS.
         14-214. USE OF MATCHING FUNDS; QUALIFIED CAMPAIGN EXPENDITURES.
         14-216. CAMPAIGN FINANCE BOARD; GENERAL POWERS AND DUTIES.
         14-218. AUDITS AND REPAYMENTS.
         14-220. CIVIL ENFORCEMENT.
         14-222. CRIMINAL PENALTIES.
         14-224. REPORTS.
         14-226. DEBATES.
         14-228. DISTRIBUTIONS FROM CAMPAIGN FINANCE FUND.
   § 14-200. APPLICABILITY AND DEFINITIONS. THIS TITLE SHALL APPLY EXCLU-
 SIVELY  TO  THE  FINANCING OF CAMPAIGNS OF CANDIDATES FOR THE NOMINATION
 FOR ELECTION, AND FOR ELECTION TO, THE OFFICES OF  GOVERNOR,  LIEUTENANT
 GOVERNOR,  STATE  COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE ASSEMBLY,
 STATE SENATOR AND DELEGATE TO A CONSTITUTIONAL CONVENTION.  FOR PURPOSES
 OF THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "AUTHORIZED COMMITTEE" MEANS A POLITICAL COMMITTEE DESIGNATED BY  A
 CANDIDATE  PURSUANT  TO SECTION 14-202 OF THIS TITLE TO RECEIVE CONTRIB-
 UTIONS AND MAKE EXPENDITURES IN SUPPORT OF SUCH CANDIDATE'S CAMPAIGN. NO

 S. 6116                             8
 
 MORE THAN ONE AUTHORIZED COMMITTEE MAY BE DESIGNATED BY A  CANDIDATE  IN
 ANY ELECTION CYCLE.
   2.  "BOARD"  OR  "CAMPAIGN  FINANCE  BOARD" MEANS THE BOARD CREATED BY
 SECTION 14-216 OF THIS TITLE TO ADMINISTER THE CAMPAIGN FINANCE FUND.
   3. "CAMPAIGN PARTICIPANT" MEANS THE CANDIDATE, OR ANY CAMPAIGN MEMBER,
 CAMPAIGN VOLUNTEER, OR CAMPAIGN CONSULTANT.
   4. "CANDIDATE" MEANS ANY CANDIDATE FOR NOMINATION FOR ELECTION, OR FOR
 ELECTION TO, THE OFFICES OF GOVERNOR, LIEUTENANT GOVERNOR,  STATE  COMP-
 TROLLER,  ATTORNEY  GENERAL,  MEMBER  OF THE ASSEMBLY, STATE SENATOR AND
 DELEGATE TO A CONSTITUTIONAL CONVENTION  WHETHER  SUCH  CANDIDATE  IS  A
 "PARTICIPATING  CANDIDATE" OR "NONPARTICIPATING CANDIDATE" AS DEFINED IN
 THIS SECTION.
   5. "CONTRIBUTION" MEANS:
   (A) ANY GIFT, SUBSCRIPTION, OUTSTANDING LOAN (TO THE  EXTENT  PROVIDED
 FOR  IN SECTION 14-114 OF THIS ARTICLE), ADVANCE, OR DEPOSIT OF MONEY OR
 ANYTHING OF VALUE, MADE IN CONNECTION WITH THE NOMINATION FOR  ELECTION,
 OR  ELECTION, OF ANY CANDIDATE, OR MADE TO PROMOTE THE SUCCESS OR DEFEAT
 OF A POLITICAL PARTY OR PRINCIPLE, OR OF ANY BALLOT PROPOSAL;
   (B) ANY PAYMENT, BY ANY PERSON OTHER THAN A CANDIDATE OR AN AUTHORIZED
 COMMITTEE, MADE IN  CONNECTION  WITH  THE  NOMINATION  FOR  ELECTION  OR
 ELECTION OF ANY CANDIDATE, OR ANY PAYMENT MADE TO PROMOTE THE SUCCESS OR
 DEFEAT  OF  A  POLITICAL  PARTY  OR PRINCIPLE, OR OF ANY BALLOT PROPOSAL
 INCLUDING BUT NOT LIMITED TO COMPENSATION FOR THE PERSONAL  SERVICES  OF
 ANY  INDIVIDUAL  WHICH  ARE  RENDERED  IN  CONNECTION WITH A CANDIDATE'S
 ELECTION OR NOMINATION WITHOUT CHARGE; PROVIDED HOWEVER,  THAT  NONE  OF
 THE  FOREGOING  SHALL  BE  DEEMED A CONTRIBUTION IF IT IS MADE, TAKEN OR
 PERFORMED BY A CANDIDATE OR HIS OR HER SPOUSE OR BY A PERSON OR A  POLI-
 TICAL  COMMITTEE  INDEPENDENT  OF  THE CANDIDATE OR HIS OR HER AGENTS OR
 POLITICAL COMMITTEES. FOR PURPOSES OF THIS TITLE, THE TERM  "INDEPENDENT
 OF  THE  CANDIDATE  OR  HIS OR HER AGENTS OR POLITICAL COMMITTEES" SHALL
 MEAN THAT THE CANDIDATE OR HIS OR HER AGENTS OR POLITICAL COMMITTEE  DID
 NOT  AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN ANY SUCH ACTIV-
 ITY; AND PROVIDED FURTHER, THAT THE TERM CONTRIBUTION SHALL NOT INCLUDE:
   (I) THE VALUE OF SERVICES PROVIDED WITHOUT COMPENSATION BY INDIVIDUALS
 WHO VOLUNTEER A PORTION OR ALL OF THEIR TIME ON BEHALF OF A CANDIDATE OR
 POLITICAL COMMITTEE;
   (II) THE USE OF REAL OR PERSONAL PROPERTY AND THE COST OF INVITATIONS,
 FOOD AND BEVERAGES VOLUNTARILY PROVIDED BY AN INDIVIDUAL TO A  CANDIDATE
 OR  POLITICAL  COMMITTEE  ON  THE  INDIVIDUAL'S RESIDENTIAL PREMISES FOR
 CANDIDATE-RELATED ACTIVITIES TO THE EXTENT SUCH SERVICES DO  NOT  EXCEED
 FIVE HUNDRED DOLLARS IN VALUE;
   (III)  THE  TRAVEL  EXPENSES  OF  ANY INDIVIDUAL WHO ON HIS OR HER OWN
 BEHALF VOLUNTEERS HIS OR HER PERSONAL SERVICES TO ANY CANDIDATE OR POLI-
 TICAL COMMITTEE TO THE EXTENT SUCH EXPENSES ARE UNREIMBURSED AND DO  NOT
 EXCEED FIVE HUNDRED DOLLARS IN VALUE; AND
   (IV) EXPENDITURES BY A BONA FIDE MEMBERSHIP ORGANIZATION IN SUPPORT OF
 THE  FOLLOWING  ACTIVITIES BY MEMBERS OF THE ORGANIZATION WHO ARE VOLUN-
 TEERING THEIR TIME ON BEHALF OF A CANDIDATE, NOT TO  EXCEED  TWENTY-FIVE
 DOLLARS  PER  MEMBER WHO VOLUNTEER FOR: (1) TRANSPORTATION OF VOLUNTEERS
 TO AND FROM CAMPAIGN ACTIVITIES; (2) COST OF  FEEDING  VOLUNTEERS  WHILE
 VOLUNTEERING  FOR  THE  CAMPAIGN;  AND  (3) MATERIALS SUCH AS BADGES AND
 CLOTHING THAT IDENTIFIES THE NAME OF THE ORGANIZATION OR CANDIDATE; AND
   (C) ANY FUNDS RECEIVED BY A POLITICAL COMMITTEE FROM ANOTHER POLITICAL
 COMMITTEE TO THE EXTENT SUCH FUNDS DO NOT CONSTITUTE A TRANSFER.
   6. "CONTRIBUTOR" MEANS AN  ENTITY,  INCLUDING,  BUT  NOT  LIMITED  TO,
 NATURAL  PERSONS,  ASSOCIATIONS  AND BONA FIDE MEMBERSHIP ORGANIZATIONS,

 S. 6116                             9
 
 THAT MAKES A CONTRIBUTION,  AS  DEFINED  IN  SUBDIVISION  FOUR  OF  THIS
 SECTION AND PURSUANT TO SECTION 14-116 OF THIS ARTICLE.
   7.  "COVERED  ELECTION"  MEANS  ANY  PRIMARY  ELECTION FOR NOMINATION,
 SPECIAL OR GENERAL ELECTION FOR ELECTION, TO THE  OFFICES  OF  GOVERNOR,
 LIEUTENANT  GOVERNOR, STATE COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE
 ASSEMBLY, STATE SENATOR AND DELEGATE TO A CONSTITUTIONAL CONVENTION.
   8. "ELECTION CYCLE" MEANS (A) THE FOUR YEAR PERIOD  STARTING  THE  DAY
 AFTER  THE GENERAL ELECTION AND ENDING ON THE DAY OF THE NEXT SUCCEEDING
 GENERAL ELECTION FOR THE OFFICES OF GOVERNOR, LIEUTENANT GOVERNOR, STATE
 COMPTROLLER AND ATTORNEY GENERAL, (B) THE TWO YEAR PERIOD  STARTING  THE
 DAY  AFTER  THE  GENERAL  ELECTION  AND  ENDING  ON THE DATE OF THE NEXT
 SUCCEEDING GENERAL ELECTION FOR CANDIDATES  FOR  THE  OFFICES  OF  STATE
 SENATOR  AND  MEMBER  OF  THE  ASSEMBLY, AND (C) SIX MONTHS PRIOR TO ANY
 SPECIAL ELECTION ENDING ON THE DAY AFTER SUCH SPECIAL ELECTION.
   9. "EXPENDITURE" MEANS ANY GIFT, SUBSCRIPTION,  ADVANCE,  PAYMENT,  OR
 DEPOSIT  OF  MONEY OR ANYTHING OF VALUE, OR A CONTRACT TO MAKE ANY GIFT,
 SUBSCRIPTION, PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF VALUE, MADE IN
 CONNECTION WITH THE NOMINATION FOR ELECTION, OR ELECTION, OF ANY  CANDI-
 DATE.  EXPENDITURES MADE BY CONTRACT ARE DEEMED MADE WHEN SUCH FUNDS ARE
 OBLIGATED.
   10. "FUND" MEANS THE CAMPAIGN FINANCE FUND CREATED BY SECTION  NINETY-
 NINE-HH OF THE STATE FINANCE LAW.
   11. "FAMILY OR HOUSEHOLD MEMBERS" MEAN THE FOLLOWING INDIVIDUALS:
   (A) PERSONS RELATED BY CONSANGUINITY OR AFFINITY;
   (B) PERSONS LEGALLY MARRIED TO ONE ANOTHER;
   (C) PERSONS FORMERLY MARRIED TO ONE ANOTHER REGARDLESS OF WHETHER THEY
 STILL RESIDE IN THE SAME HOUSEHOLD;
   (D)  PERSONS  WHO  HAVE  A  CHILD IN COMMON REGARDLESS OF WHETHER SUCH
 PERSONS ARE MARRIED OR HAVE LIVED TOGETHER AT ANY TIME; OR
   (E) PERSONS WHO ARE NOT RELATED BY CONSANGUINITY OR AFFINITY  AND  WHO
 ARE  OR HAVE BEEN IN AN INTIMATE RELATIONSHIP REGARDLESS OF WHETHER SUCH
 PERSONS HAVE LIVED TOGETHER AT ANY TIME.
   12. "ITEM WITH SIGNIFICANT VALUE" MEANS ANY ITEM, INCLUDING  ANY  ITEM
 VALUED AT TWENTY-FIVE DOLLARS OR MORE.
   13.  "LEGISLATIVE  LEADER"  MEANS  ANY OF THE FOLLOWING: THE TEMPORARY
 PRESIDENT OF THE SENATE; THE SPEAKER OF THE ASSEMBLY; THE MINORITY LEAD-
 ER OF THE SENATE; OR THE MINORITY LEADER OF THE ASSEMBLY.
   14. "MATCHABLE CONTRIBUTION" MEANS A  CONTRIBUTION,  CONTRIBUTIONS  OR
 SUCH PORTION OF A CONTRIBUTION OR CONTRIBUTIONS MADE BY A NATURAL PERSON
 RESIDING IN THE STATE OF NEW YORK AT THE TIME OF SUCH CONTRIBUTION, WITH
 A  VALUE  NOT  TO  EXCEED  TWO HUNDRED FIFTY DOLLARS, TO A PARTICIPATING
 CANDIDATE FOR ANY PRIMARY AND  A  CONTRIBUTION,  CONTRIBUTIONS  OR  SUCH
 PORTION  OF  A  CONTRIBUTION  OR  CONTRIBUTIONS MADE BY A NATURAL PERSON
 RESIDING IN THE STATE OF NEW YORK AT THE TIME OF SUCH CONTRIBUTION  WITH
 A  VALUE  NOT  TO  EXCEED  TWO  HUNDRED FIFTY DOLLARS TO A PARTICIPATING
 CANDIDATE FOR A GENERAL ELECTION HELD IN THE SAME ELECTION CYCLE OR TO A
 PARTICIPATING CANDIDATE IN A SPECIAL ELECTION THAT HAS BEEN REPORTED  IN
 FULL TO THE STATE BOARD OF ELECTIONS IN ACCORDANCE WITH SECTIONS 14-102,
 14-104  AND 14-108 OF THIS ARTICLE BY THE CANDIDATE'S AUTHORIZED COMMIT-
 TEE AND HAS BEEN CONTRIBUTED ON OR BEFORE THE  DATE  OF  THE  APPLICABLE
 PRIMARY  OR  GENERAL  OR  SPECIAL  ELECTION  IN  ANY ELECTION CYCLE. ANY
 CONTRIBUTION, CONTRIBUTIONS,  OR  SUCH  PORTION  OF  A  CONTRIBUTION  OR
 CONTRIBUTIONS  DETERMINED  TO  BE  INVALID  FOR  MATCHING  FUNDS  BY THE
 CAMPAIGN FINANCE BOARD PURSUANT TO THE PROVISIONS OF THIS TITLE MAY  NOT
 BE  TREATED  AS  A  MATCHABLE  CONTRIBUTION.  IN ADDITION, THE FOLLOWING
 CONTRIBUTIONS ARE NOT MATCHABLE: (A) LOANS; (B) IN-KIND CONTRIBUTIONS OF

 S. 6116                            10
 
 PROPERTY, GOODS, OR SERVICES; (C)  CONTRIBUTIONS  IN  THE  FORM  OF  THE
 PURCHASE  PRICE  PAID  FOR AN ITEM WITH SIGNIFICANT VALUE; (D) ANONYMOUS
 CONTRIBUTIONS OR CONTRIBUTIONS WHOSE SOURCE IS NOT ITEMIZED AS  REQUIRED
 BY  SECTION  14-202  OF  THIS TITLE; (E) CONTRIBUTIONS RECEIVED DURING A
 PREVIOUS ELECTION CYCLE; (F) ILLEGAL  CONTRIBUTIONS;  AND  (G)  CONTRIB-
 UTIONS  FROM INDIVIDUALS UNDER THE AGE OF EIGHTEEN YEARS AT THE TIME THE
 CONTRIBUTION IS MADE.
   15. "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR THE OFFICE
 OF GOVERNOR, LIEUTENANT GOVERNOR, STATE COMPTROLLER,  ATTORNEY  GENERAL,
 MEMBER  OF  THE  ASSEMBLY, STATE SENATOR OR DELEGATE TO A CONSTITUTIONAL
 CONVENTION FOR A COVERED ELECTION WHO FAILS TO FILE  A  WRITTEN  CERTIF-
 ICATION  IN  THE FORM OF AN AFFIDAVIT PURSUANT TO SECTION 14-208 OF THIS
 TITLE.
   16. "PARTICIPATING CANDIDATE" SHALL MEAN ANY CANDIDATE FOR  NOMINATION
 FOR ELECTION, OR ELECTION, TO THE OFFICES OF GOVERNOR, LIEUTENANT GOVER-
 NOR,  STATE COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE ASSEMBLY, STATE
 SENATOR AND DELEGATE TO A CONSTITUTIONAL CONVENTION WHO FILES A  WRITTEN
 CERTIFICATION  IN THE FORM OF AN AFFIDAVIT PURSUANT TO SECTION 14-208 OF
 THIS TITLE.
   17. "POLITICAL COMMITTEE" MEANS A  COMMITTEE  AS  DEFINED  IN  SECTION
 14-100 OF THIS ARTICLE.
   18.  "MATCHING FUNDS" MEANS MONIES PAID FROM THE CAMPAIGN FINANCE FUND
 TO THE AUTHORIZED COMMITTEE OF PARTICIPATING CANDIDATES PURSUANT TO THIS
 TITLE.
   19. "QUALIFIED CAMPAIGN EXPENDITURE" SHALL  MEAN  AN  EXPENDITURE  FOR
 WHICH MATCHING FUNDS MAY BE USED.
   20.  "THRESHOLD  FOR  ELIGIBILITY"  SHALL MEAN THE AMOUNT OF MATCHABLE
 CONTRIBUTIONS THAT A CANDIDATE'S AUTHORIZED COMMITTEE  MUST  RECEIVE  IN
 TOTAL  IN  ORDER  FOR SUCH CANDIDATE TO QUALIFY FOR MATCHING FUNDS UNDER
 THIS ARTICLE.
   21. "TRANSFER" SHALL MEAN ANY EXCHANGE OF FUNDS OR ANY THING OF  VALUE
 BETWEEN  POLITICAL  COMMITTEES  AUTHORIZED  BY THE SAME CANDIDATE TAKING
 PART SOLELY IN HIS OR HER CAMPAIGN.
   § 14-202. REPORTING REQUIREMENTS.  1.  EVERY  PARTICIPATING  CANDIDATE
 SHALL  DESIGNATE ONLY ONE AUTHORIZED COMMITTEE TO BE ELIGIBLE TO RECEIVE
 CONTRIBUTIONS OF MATCHING FUNDS. BEFORE RECEIVING ANY SUCH  CONTRIBUTION
 OR MAKING ANY EXPENDITURE THEREFROM FOR A COVERED ELECTION, EACH PARTIC-
 IPATING  CANDIDATE  SHALL  NOTIFY  THE  STATE BOARD OF ELECTIONS AND THE
 CAMPAIGN FINANCE BOARD AS TO  THE  EXISTENCE  OF  HIS  OR  HER  ELIGIBLE
 AUTHORIZED  COMMITTEE  THAT  HAS  BEEN  DESIGNATED  AND APPROVED BY SUCH
 CANDIDATE.  SUCH  AUTHORIZED  COMMITTEE  SHALL,  BEFORE  RECEIVING   ANY
 CONTRIBUTION  OR  MAKING  ANY  EXPENDITURE  FOR  A COVERED ELECTION: (A)
 DESIGNATE A TREASURER; (B) OBTAIN A TAX IDENTIFICATION NUMBER  FROM  THE
 INTERNAL  REVENUE  SERVICE;  AND  (C)  SUBMIT  TO  THE  STATE  BOARD  OF
 ELECTIONS, EITHER  IN  WRITING  OR  ELECTRONICALLY,  THE  IDENTIFICATION
 NUMBER  OF  THE  COMMITTEE DESIGNATED TO BE ELIGIBLE TO RECEIVE MATCHING
 FUNDS.
   2. DISCLOSURE. (A) EVERY PARTICIPATING  CANDIDATE  SHALL  SUBMIT  SUCH
 REPORTS TO THE STATE BOARD OF ELECTIONS AS REQUIRED BY TITLE ONE OF THIS
 ARTICLE.  COPIES OF SUCH REPORTS SHALL ALSO BE SUBMITTED TO THE CAMPAIGN
 FINANCE BOARD CREATED PURSUANT TO THIS ARTICLE AT  THE  SAME  TIME  SUCH
 REPORTS ARE SUBMITTED TO THE STATE BOARD OF ELECTIONS.
   (B)  THE  CAMPAIGN  FINANCE  BOARD SHALL REVIEW EACH DISCLOSURE REPORT
 FILED WITH THE STATE BOARD OF ELECTIONS PURSUANT TO TITLE  ONE  OF  THIS
 ARTICLE  AND SHALL INFORM PARTICIPATING CANDIDATES AND POLITICAL COMMIT-
 TEES INCLUDING THE AUTHORIZED COMMITTEE, OF RELEVANT QUESTIONS THE BOARD

 S. 6116                            11
 
 HAS CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS OF THIS  TITLE  AND  OF
 THE  RULES  ISSUED  BY  THE BOARD; AND (II) QUALIFICATIONS FOR RECEIVING
 PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE.  IN  THE  COURSE  OF  SUCH
 REVIEW, THE BOARD SHALL GIVE CANDIDATES AND POLITICAL COMMITTEES INCLUD-
 ING  THE  AUTHORIZED COMMITTEE, AN OPPORTUNITY TO RESPOND TO AND CORRECT
 POTENTIAL VIOLATIONS AND GIVE CANDIDATES AN OPPORTUNITY TO ADDRESS QUES-
 TIONS THE BOARD HAS CONCERNING THEIR MATCHABLE  CONTRIBUTION  CLAIMS  OR
 OTHER  ISSUES CONCERNING ELIGIBILITY FOR RECEIVING MATCHING FUNDS PURSU-
 ANT TO THIS TITLE. NOTHING IN THIS PARAGRAPH SHALL  PRECLUDE  THE  BOARD
 FROM  SUBSEQUENTLY  REVIEWING  SUCH  A  DISCLOSURE REPORT AND TAKING ANY
 ACTION OTHERWISE AUTHORIZED BY THIS TITLE.
   (C) ONLY ITEMIZED CONTRIBUTIONS CONTAINED IN REPORTS  FILED  WITH  THE
 STATE  BOARD  OF ELECTIONS SHALL BE ELIGIBLE FOR MATCHING FUNDS PURSUANT
 TO THIS TITLE.
   § 14-204. CONTRIBUTION AND RECEIPT  LIMITATIONS.  1.  A  PARTICIPATING
 CANDIDATE  AND  HIS OR HER AUTHORIZED COMMITTEE SHALL NOT ACCEPT, EITHER
 DIRECTLY OR INDIRECTLY:
   (A) TOTAL CONTRIBUTIONS FROM ANY ONE CONTRIBUTOR THAT EXCEED TWO THOU-
 SAND SIX HUNDRED DOLLARS IN ANY PRIMARY IN AN  ELECTION  CYCLE  FOR  THE
 OFFICES  OF  GOVERNOR,  LIEUTENANT GOVERNOR, STATE COMPTROLLER, ATTORNEY
 GENERAL, MEMBER OF THE ASSEMBLY, STATE SENATOR AND DELEGATE TO A CONSTI-
 TUTIONAL CONVENTION AND TWO THOUSAND SIX HUNDRED DOLLARS FOR  A  GENERAL
 OR  SPECIAL  ELECTION  IN AN ELECTION CYCLE FOR THE OFFICES OF GOVERNOR,
 LIEUTENANT GOVERNOR, STATE COMPTROLLER, ATTORNEY GENERAL, MEMBER OF  THE
 ASSEMBLY,  STATE  SENATOR  OR  DELEGATE  TO A CONSTITUTIONAL CONVENTION,
 PROVIDED, HOWEVER, THAT NOT MORE THAN TWO THOUSAND SIX  HUNDRED  DOLLARS
 MAY BE RECEIVED BY A CANDIDATE FROM A CONTRIBUTOR PER ELECTION CYCLE; OR
   (B)  ANY  CONTRIBUTION  FROM A POLITICAL COMMITTEE THAT HAS NOT REGIS-
 TERED WITH THE STATE BOARD OF ELECTIONS OR HAS NOT REGISTERED  WITH  THE
 APPROPRIATE ENTITY AS REQUIRED BY LAW.
   2.  ALL  MONETARY  CONTRIBUTIONS  AND ALL MATCHING FUNDS ACCEPTED BY A
 CANDIDATE'S AUTHORIZED COMMITTEE SHALL BE DEPOSITED INTO AN ACCOUNT WITH
 A BANK LICENSED BY THE DEPARTMENT OF FINANCIAL SERVICES HELD IN THE NAME
 OF THE AUTHORIZED  POLITICAL  COMMITTEE  WITHIN  TEN  BUSINESS  DAYS  OF
 RECEIPT.  EACH AUTHORIZED COMMITTEE SHALL HAVE NO MORE THAN ONE CHECKING
 ACCOUNT. MONETARY CONTRIBUTIONS,  OTHER  THAN  MATCHING  FUNDS,  MAY  BE
 INVESTED IN ACCORDANCE WITH THE PROVISIONS OF LAW RELATING THERETO.
   3.  CONTRIBUTIONS  TO  CANDIDATES IN COVERED ELECTIONS SHALL, FOR EACH
 ELECTION CYCLE, IN ALL OTHER RESPECTS, BE SUBJECT TO THE LIMITATIONS AND
 PROVISIONS OF TITLE ONE OF THIS ARTICLE.
   § 14-206. PROOF OF COMPLIANCE.  CANDIDATES  AND  POLITICAL  COMMITTEES
 SHALL  MAINTAIN  SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR A COVERED
 ELECTION AS MAY BE REQUIRED BY THE CAMPAIGN  FINANCE  BOARD.  CANDIDATES
 AND  POLITICAL  COMMITTEES  SHALL  OBTAIN  AND  FURNISH TO THE BOARD ANY
 INFORMATION IT MAY REQUEST RELATING TO  THE  FINANCIAL  TRANSACTIONS  OR
 CONTRIBUTIONS  OF  CANDIDATES  AND POLITICAL COMMITTEES AND FURNISH SUCH
 DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS TITLE  AS  MAY  BE
 REQUESTED  BY THE BOARD. CANDIDATES AND POLITICAL COMMITTEES SHALL MAIN-
 TAIN COPIES OF SUCH RECORDS FOR A  PERIOD  OF  FIVE  YEARS  FOLLOWING  A
 GENERAL ELECTION.
   §  14-208.  ELIGIBILITY. 1. TO BE ELIGIBLE FOR MATCHING FUNDS PURSUANT
 TO THIS TITLE, A CANDIDATE MUST: (A) BE A CANDIDATE FOR THE  OFFICES  OF
 GOVERNOR,  LIEUTENANT  GOVERNOR,  STATE  COMPTROLLER,  ATTORNEY GENERAL,
 MEMBER OF THE ASSEMBLY, STATE SENATOR OR DELEGATE  TO  A  CONSTITUTIONAL
 CONVENTION  IN  A  COVERED ELECTION; (B) SATISFY ALL THE REQUIREMENTS OF
 LAW TO HAVE HIS OR HER NAME ON THE BALLOT; (C) IN THE CASE OF A  COVERED

 S. 6116                            12
 
 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 CAMPAIGN FINANCE
 BOARD, THAT SETS FORTH HIS OR HER AGREEMENT TO COMPLY WITH THE TERMS AND
 CONDITIONS  FOR  THE  PROVISION  OF  SUCH FUNDS IN EACH COVERED ELECTION
 WHICH SHALL BE FILED WITH SUCH BOARD NO LATER  THAN  JUNE  FIRST  OF  AN
 ELECTION  YEAR;  (E)  BE  CERTIFIED AS A PARTICIPATING CANDIDATE BY SUCH
 BOARD NOT LATER THAN TWO WEEKS AFTER THE FILING OF SUCH  AFFIDAVIT;  (F)
 NOT  MAKE,  AND  NOT  HAVE  MADE,  EXPENDITURES FROM, OR USE, HIS OR HER
 PERSONAL FUNDS OR PROPERTY OR PERSONAL FUNDS OR  PROPERTY  JOINTLY  HELD
 WITH  HIS  OR  HER SPOUSE, DOMESTIC PARTNER, OR CHILD IN CONNECTION WITH
 HIS OR HER NOMINATION FOR ELECTION  OR  ELECTION  TO  A  COVERED  OFFICE
 EXCEPT AS A CONTRIBUTION TO HIS OR HER AUTHORIZED COMMITTEE IN AN AMOUNT
 THAT EXCEEDS THE APPLICABLE CONTRIBUTION LIMIT OF AN INDIVIDUAL CONTRIB-
 UTOR  TO  CANDIDATES  FOR THE OFFICE THAT HE OR SHE IS SEEKING; (G) MEET
 THE THRESHOLD FOR ELIGIBILITY SET  FORTH  IN  SUBDIVISION  TWO  OF  THIS
 SECTION; (H) ABIDE BY THE REQUIREMENTS SET FORTH IN THIS TITLE AND CHAP-
 TER DURING THE POST-ELECTION PERIOD; (I) NO CANDIDATE SHALL BE ELIGIBLE,
 IF THE CANDIDATE OR FAMILY OR HOUSEHOLD MEMBER AS DEFINED IN SUBDIVISION
 ELEVEN  OF  SECTION  14-200  OF  THIS TITLE HAS BEEN CONVICTED OF PUBLIC
 CORRUPTION AS DEFINED IN SECTION 496.06 OF THE PENAL  LAW;  AND  (J)  NO
 CANDIDATE SHALL BE ELIGIBLE IF THE CANDIDATE OR ANY CAMPAIGN PARTICIPANT
 HAS  BEEN  FOUND  TO BE IN PREVIOUS VIOLATION OF ANY PUBLIC FINANCING OR
 MATCHING FUND PROGRAM RULES, REGULATIONS OR ANY  PROVISION  OF  CAMPAIGN
 FINANCE LAW.
   2.  THE THRESHOLD FOR ELIGIBILITY FOR MATCHING FUNDS FOR CANDIDATES IN
 A PRIMARY, GENERAL OR SPECIAL ELECTION FOR THE FOLLOWING  OFFICES  SHALL
 BE:
   (A) GOVERNOR IN A PRIMARY OR GENERAL ELECTION. THE RECEIPT OF NOT LESS
 THAN  SIX HUNDRED FIFTY THOUSAND DOLLARS FROM AT LEAST SIX THOUSAND FIVE
 HUNDRED MATCHABLE CONTRIBUTIONS IN SINGLE AMOUNTS OF NO  MORE  THAN  TWO
 HUNDRED FIFTY DOLLARS FROM NATURAL PERSONS RESIDING IN THE STATE;
   (B) LIEUTENANT GOVERNOR IN A PRIMARY ELECTION AND STATE COMPTROLLER OR
 ATTORNEY  GENERAL  IN  A PRIMARY OR GENERAL ELECTION. THE RECEIPT OF NOT
 LESS THAN TWO HUNDRED THOUSAND DOLLARS FROM AT LEAST TWO THOUSAND MATCH-
 ABLE CONTRIBUTIONS IN SINGLE AMOUNTS OF NO MORE THAN TWO  HUNDRED  FIFTY
 DOLLARS FROM NATURAL PERSONS RESIDING IN THE STATE;
   (C)  STATE  SENATORS  IN  A  PRIMARY, GENERAL OR SPECIAL ELECTION. THE
 RECEIPT OF NOT LESS THAN TWENTY THOUSAND DOLLARS IN  MATCHABLE  CONTRIB-
 UTIONS  IN SINGLE AMOUNTS OF NO MORE THAN TWO HUNDRED FIFTY DOLLARS FROM
 NATURAL PERSONS RESIDING IN THE STATE, INCLUDING AT LEAST  TEN  THOUSAND
 DOLLARS  FROM AT LEAST ONE HUNDRED CONTRIBUTORS WHO RESIDE IN THE SENATE
 DISTRICT OR RESIDE IN ANY PORTION OF ANY COUNTY  WHICH  CONSTITUTES  ANY
 MEASURE OF THE DISTRICT IN WHICH THE SEAT IS TO BE FILLED;
   (D) MEMBERS OF THE ASSEMBLY IN A PRIMARY, GENERAL OR SPECIAL ELECTION.
 THE  RECEIPT OF NOT LESS THAN TEN THOUSAND DOLLARS IN MATCHABLE CONTRIB-
 UTIONS IN SINGLE AMOUNTS OF NO MORE THAN TWO HUNDRED FIFTY DOLLARS  FROM
 NATURAL  PERSONS RESIDING IN THE STATE, INCLUDING AT LEAST FIVE THOUSAND
 DOLLARS FROM AT LEAST FIFTY CONTRIBUTORS  WHO  RESIDE  IN  THE  ASSEMBLY
 DISTRICT  OR  RESIDE  IN ANY PORTION OF ANY COUNTY WHICH CONSTITUTES ANY
 MEASURE OF THE DISTRICT IN WHICH THE SEAT IS TO BE FILLED;
   (E) AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION IN A PRIMARY OR A
 GENERAL ELECTION. THE RECEIPT OF NOT LESS THAN TWENTY  THOUSAND  DOLLARS
 IN MATCHABLE CONTRIBUTIONS IN SINGLE AMOUNTS OF NO MORE THAN TWO HUNDRED
 FIFTY DOLLARS FROM NATURAL PERSONS RESIDING IN THE STATE; AND

 S. 6116                            13
 
   (F)  DISTRICT  DELEGATE TO A CONSTITUTIONAL CONVENTION IN A PRIMARY OR
 GENERAL ELECTION. THE RECEIPT OF NOT LESS THAN FIVE THOUSAND DOLLARS  IN
 AT LEAST FIFTY MATCHABLE CONTRIBUTIONS IN SINGLE AMOUNTS OF NO MORE THAN
 TWO  HUNDRED FIFTY DOLLARS FROM NATURAL PERSONS RESIDING IN THE DISTRICT
 OR  IN  THE  CONSTITUENT COUNTY OR RESIDING IN ANY PORTION OF ANY COUNTY
 WHICH CONSTITUTES ANY MEASURE OF THE DISTRICT IN WHICH THE SEAT IS TO BE
 FILLED.
   3. (A) CANDIDATES WHO ARE CONTESTED IN A PRIMARY ELECTION AND  WHO  DO
 NOT SEEK MATCHING FUNDS SHALL NOT BE ELIGIBLE FOR MATCHING FUNDS FOR THE
 GENERAL  ELECTION IN THAT YEAR. THE PROVISIONS OF THIS SUBDIVISION SHALL
 NOT APPLY TO CANDIDATES FOR THE OFFICE OF LIEUTENANT GOVERNOR.
   (B) CANDIDATES WHO ARE UNOPPOSED IN  A  GENERAL  OR  SPECIAL  ELECTION
 SHALL NOT BE ELIGIBLE TO RECEIVE MATCHING FUNDS.
   (C)  NO  CANDIDATE  FOR ELECTION TO AN OFFICE IN A PRIMARY, GENERAL OR
 SPECIAL ELECTION  WHO  HAS  ELECTED  TO  PARTICIPATE  IN  THE  VOLUNTARY
 CAMPAIGN  FINANCING  SYSTEM  SHALL BE DEEMED OPPOSED AND BE ELIGIBLE FOR
 MATCHING FUNDS UNLESS THERE IS AT LEAST ONE OTHER CANDIDATE, AS  DEFINED
 BY  SUBDIVISION  SEVEN OF SECTION 14-100 OF THIS ARTICLE FOR SUCH OFFICE
 FOR SUCH ELECTION.
   (D) ANY PARTICIPATING CANDIDATE MEETING THE THRESHOLD FOR  ELIGIBILITY
 IN  A  PRIMARY  ELECTION  SHALL  BE DEEMED TO HAVE MET THE THRESHOLD FOR
 ELIGIBILITY FOR SUCH OFFICE IN ANY  OTHER  ELECTION  HELD  IN  THE  SAME
 ELECTION CYCLE.
   (E)  NO  PARTICIPATING  CANDIDATE  FOR  NOMINATION TO AN OFFICE WHO IS
 UNOPPOSED IN A PRIMARY ELECTION SHALL BE ELIGIBLE FOR MATCHING FOR QUAL-
 IFIED CAMPAIGN EXPENDITURES, PROVIDED, HOWEVER,  THAT  WHERE  A  CONTEST
 OCCURS  IN  A PRIMARY FOR THE NOMINATION OF AT LEAST ONE OTHER PARTY FOR
 OFFICE, THE AUTHORIZED COMMITTEE OF AN UNOPPOSED PARTICIPATING CANDIDATE
 FOR NOMINATION MAY RAISE AND SPEND AN AMOUNT EQUAL TO  ONE-HALF  OF  THE
 MATCHING FUNDS RECEIPT LIMIT FOR SUCH OFFICE, AS FIXED BY THIS TITLE FOR
 CANDIDATES WHO HAVE ELECTED TO ACCEPT MATCHING FUNDS, WITH CONTRIBUTIONS
 OF  UP  TO  TWO THOUSAND SIX HUNDRED DOLLARS PER CONTRIBUTOR PURSUANT TO
 SECTION 14-204 OF THIS TITLE.
   § 14-212. PAYMENT OF MATCHING FUNDS. 1. NO  MATCHING  FUNDS  SHALL  BE
 PAID TO AN AUTHORIZED COMMITTEE UNLESS THE CAMPAIGN FINANCE BOARD DETER-
 MINES  THAT  THE  PARTICIPATING CANDIDATE HAS QUALIFIED PURSUANT TO THIS
 TITLE. PAYMENT SHALL NOT EXCEED THE AMOUNTS SPECIFIED  IN  THIS  SECTION
 AND MAY BE MADE ONLY TO THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMIT-
 TEE.  NO  MATCHING  FUNDS  SHALL  BE USED EXCEPT TO REIMBURSE OR PAY FOR
 QUALIFIED CAMPAIGN EXPENDITURES ACTUALLY AND  LAWFULLY  INCURRED  OR  TO
 REPAY LOANS USED TO PAY QUALIFIED CAMPAIGN EXPENDITURES.
   2.  IF  THE THRESHOLD FOR ELIGIBILITY IS MET, THE PARTICIPATING CANDI-
 DATE'S AUTHORIZED COMMITTEE SHALL RECEIVE PAYMENT FOR QUALIFIED CAMPAIGN
 EXPENDITURES OF SIX DOLLARS OF MATCHING FUNDS FOR  EACH  ONE  DOLLAR  OF
 MATCHABLE CONTRIBUTIONS FOR A PRIMARY ELECTION AND SIX DOLLARS OF MATCH-
 ING  FUNDS  FOR EACH ONE DOLLAR OF MATCHABLE CONTRIBUTIONS FOR A GENERAL
 OR SPECIAL ELECTION FOR ALL MATCHABLE CONTRIBUTIONS RECEIVED AFTER JANU-
 ARY FIRST OF THE YEAR IN WHICH SUCH PRIMARY OR GENERAL  ELECTION  TO  BE
 HELD AND REPORTED TO THE BOARD.
   3.  (A)  MATCHING FUNDS RECEIVED BY PARTICIPATING CANDIDATES AND THEIR
 AUTHORIZED COMMITTEES IN A PRIMARY ELECTION SHALL NOT EXCEED:
   (I) THE SUM OF FIVE MILLION FIVE  HUNDRED  THOUSAND  DOLLARS  FOR  THE
 OFFICE OF GOVERNOR;
   (II)  THE  SUM OF TWO MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS FOR
 THE OFFICES OF  LIEUTENANT  GOVERNOR,  STATE  COMPTROLLER  AND  ATTORNEY
 GENERAL;

 S. 6116                            14
 
   (III)  THE  SUM  OF EIGHT HUNDRED TWENTY-FIVE THOUSAND DOLLARS FOR THE
 OFFICE OF STATE SENATOR;
   (IV)  THE SUM OF FOUR HUNDRED TWELVE THOUSAND FIVE HUNDRED DOLLARS FOR
 THE OFFICE OF MEMBER OF THE ASSEMBLY;
   (V) THE SUM OF  ONE  HUNDRED  SEVENTY-FIVE  THOUSAND  DOLLARS  FOR  AN
 AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION; AND
   (VI)  THE  SUM  OF FIFTY THOUSAND DOLLARS FOR A DISTRICT DELEGATE TO A
 CONSTITUTIONAL CONVENTION.
   (B) MATCHING FUNDS RECEIVED  BY  PARTICIPATING  CANDIDATES  AND  THEIR
 AUTHORIZED COMMITTEES IN A GENERAL OR SPECIAL ELECTION SHALL NOT EXCEED:
   (I)  THE  SUM  OF EIGHT MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS FOR
 THE OFFICES OF GOVERNOR AND LIEUTENANT GOVERNOR;
   (II) THE SUM OF FOUR MILLION ONE HUNDRED TWENTY-FIVE THOUSAND  DOLLARS
 FOR THE OFFICES OF STATE COMPTROLLER AND ATTORNEY GENERAL;
   (III)  THE  SUM  OF EIGHT HUNDRED TWENTY-FIVE THOUSAND DOLLARS FOR THE
 OFFICE OF STATE SENATOR;
   (IV) THE SUM OF FOUR HUNDRED TWELVE THOUSAND FIVE HUNDRED DOLLARS  FOR
 THE OFFICE OF MEMBER OF THE ASSEMBLY;
   (V)  THE  SUM  OF  ONE  HUNDRED  SEVENTY-FIVE  THOUSAND DOLLARS FOR AN
 AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION; AND
   (VI) THE SUM OF FIFTY THOUSAND DOLLARS FOR A DISTRICT  DELEGATE  TO  A
 CONSTITUTIONAL CONVENTION.
   4.  NO MATCHING FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN
 A PRIMARY ELECTION ANY EARLIER THAN  THE  DAY  THAT  SUCH  CANDIDATE  IS
 CERTIFIED AS BEING ON THE BALLOT FOR SUCH PRIMARY ELECTION.
   5.  NO MATCHING FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN
 A GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF THE PRIMARY
 ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
   6. NO MATCHING FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE  WHO
 HAS  BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN DECLARED
 INVALID BY THE APPROPRIATE BOARD OF ELECTIONS OR A  COURT  OF  COMPETENT
 JURISDICTION  UNTIL  AND  UNLESS  SUCH  FINDING  IS REVERSED BY A HIGHER
 AUTHORITY. NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH  A  CANDI-
 DATE  OR  SUCH  CANDIDATE'S  PARTICIPATING COMMITTEE ON THE DATE OF SUCH
 DISQUALIFICATION OR INVALIDATION MAY  THEREAFTER  BE  EXPENDED  FOR  ANY
 PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE. ALL
 SUCH MONEYS SHALL BE REPAID TO THE FUND.
   7. THE COMMISSIONER OF TAXATION AND FINANCE SHALL MAKE ALL PAYMENTS OF
 MATCHING  FUNDS  TO PARTICIPATING CANDIDATES AS SOON AS PRACTICABLE, BUT
 NO LATER THAN FIVE DAYS AFTER SUBMISSION BY THE PARTICIPATING  CANDIDATE
 OF  A  CAMPAIGN  CONTRIBUTION  REPORT  FILED  WITH  THE  STATE  BOARD OF
 ELECTIONS IN COMPLIANCE WITH THIS ARTICLE. THE  CAMPAIGN  FINANCE  BOARD
 SHALL  VERIFY  ELIGIBILITY FOR AND AMOUNT OF MATCHING FUNDS WITHIN THREE
 DAYS AFTER RECEIPT OF SUCH CONTRIBUTION REPORT.  UPON  DETERMINATION  OF
 ELIGIBILITY  OF  A  PARTICIPATING  CANDIDATE  FOR  MATCHING FUNDS AND OF
 AMOUNT OF SUCH MATCHING FUNDS, THE CAMPAIGN FINANCE BOARD  SHALL  SUBMIT
 WITHIN  ONE  DAY  A DULY APPROVED, CERTIFIED AND EXECUTED VOUCHER TO THE
 DEPARTMENT OF TAXATION AND FINANCE REQUESTING PAYMENT OF  SUCH  MATCHING
 FUNDS AND PAYMENT THEREOF SHALL BE MADE TO THE PARTICIPATING CANDIDATE'S
 AUTHORIZED  COMMITTEE  NOT  LESS  THAN  ONE  DAY  AFTER  SUCH VOUCHER IS
 RECEIVED BY THE DEPARTMENT OF TAXATION AND FINANCE. IF ANY OF  THE  TIME
 LIMITS  IN  THIS TITLE FOR PAYMENT FALL ON A WEEKEND OR HOLIDAY, PAYMENT
 SHALL BE MADE ON THE NEXT BUSINESS DAY.
   8. THE CAMPAIGN FINANCE BOARD  AND  THE  DEPARTMENT  OF  TAXATION  AND
 FINANCE  SHALL  PROMULGATE RULES TO FACILITATE ELECTRONIC FUND TRANSFERS
 DIRECTLY FROM THE FUND INTO AN AUTHORIZED COMMITTEE'S BANK ACCOUNT.

 S. 6116                            15
 
   § 14-214. USE OF MATCHING FUNDS; QUALIFIED CAMPAIGN  EXPENDITURES.  1.
 MATCHING  FUNDS  PROVIDED UNDER THE PROVISIONS OF THIS TITLE MAY BE USED
 ONLY BY AN AUTHORIZED COMMITTEE FOR EXPENDITURES TO FURTHER THE  PARTIC-
 IPATING  CANDIDATE'S  NOMINATION  FOR  ELECTION,  OR ELECTION, INCLUDING
 PAYMENT FOR DEBTS INCURRED WITHIN ONE YEAR BEFORE AN ELECTION TO FURTHER
 THE PARTICIPATING CANDIDATE'S NOMINATION FOR ELECTION OR ELECTION.
   2.  SUCH  MATCHING  FUNDS MAY NOT BE USED FOR: (A) AN EXPENDITURE THAT
 VIOLATES ANY LAW OR REGULATION; (B) AN EXPENDITURE IN EXCESS OF THE FAIR
 MARKET VALUE OF SERVICES, MATERIALS, FACILITIES OR OTHER ITEM OF SIGNIF-
 ICANT VALUE RECEIVED IN EXCHANGE; (C)  AN  EXPENDITURE  MADE  AFTER  THE
 CANDIDATE HAS BEEN FINALLY DISQUALIFIED FROM THE BALLOT; (D) AN EXPENDI-
 TURE FOR AN OBLIGATION INCURRED AFTER THE ONLY REMAINING OPPONENT OF THE
 CANDIDATE HAS BEEN FINALLY DISQUALIFIED FROM THE BALLOT; (E) AN EXPENDI-
 TURE  MADE  BY  CASH PAYMENT; (F) A CONTRIBUTION OR LOAN MADE TO ANOTHER
 CANDIDATE OR POLITICAL COMMITTEE;  (G)  AN  EXPENDITURE  TO  SUPPORT  OR
 OPPOSE  ANOTHER  CANDIDATE  OR  POLITICAL  COMMITTEE;  (H) GIFTS, EXCEPT
 BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED CAMPAIGN MATERIAL; (I) LEGAL
 FEES TO DEFEND AGAINST A CRIMINAL CHARGE; OR (J) A PAYMENT TO AN IMMEDI-
 ATE FAMILY MEMBER OF THE PARTICIPATING CANDIDATE.
   § 14-216. CAMPAIGN FINANCE BOARD; GENERAL POWERS AND DUTIES. 1.  THERE
 SHALL BE A BOARD WITHIN THE  STATE  BOARD  OF  ELECTIONS  KNOWN  AS  THE
 "CAMPAIGN FINANCE BOARD" COMPOSED OF SEVEN MEMBERS, OF WHICH ONE MEMBER,
 WHO  SHALL  BE  THE CHAIRPERSON, SHALL BE APPOINTED BY THE GOVERNOR WITH
 THE ADVICE AND CONSENT OF THE SENATE, ONE MEMBER SHALL BE  APPOINTED  BY
 THE  STATE  COMPTROLLER,  ONE  MEMBER SHALL BE APPOINTED BY THE ATTORNEY
 GENERAL, ONE MEMBER SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
 SENATE, ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER  OF  THE  ASSEMBLY,
 ONE  MEMBER  SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE AND
 ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER  OF  THE  ASSEMBLY.
 NO  MEMBER OF THE CAMPAIGN FINANCE BOARD SHALL HOLD ELECTIVE OFFICE, NOR
 SHALL ANY MEMBER BE A LOBBYIST AS DEFINED IN SUBDIVISION (A) OF  SECTION
 ONE-C  OF  THE LEGISLATIVE LAW.  THE MEMBERS SHALL FIRST BE APPOINTED TO
 SERVE AS FOLLOWS: (A) TWO MEMBERS, ONE APPOINTED BY THE TEMPORARY PRESI-
 DENT OF THE SENATE AND ONE APPOINTED  BY  THE  MINORITY  LEADER  OF  THE
 ASSEMBLY  FOR A TERM OF TWO YEARS, (B) TWO MEMBERS, ONE APPOINTED BY THE
 MINORITY LEADER OF THE SENATE AND ONE APPOINTED BY THE  SPEAKER  OF  THE
 ASSEMBLY  FOR  A  TERM  OF  THREE YEARS, (C) ONE MEMBER APPOINTED BY THE
 ATTORNEY GENERAL FOR A TERM OF FOUR YEARS, (D) ONE MEMBER  APPOINTED  BY
 THE  COMPTROLLER  FOR A TERM OF FIVE YEARS AND (E) THE CHAIRPERSON SHALL
 SERVE FOR A TERM OF SIX YEARS.   MEMBERS APPOINTED THEREAFTER  SHALL  BE
 APPOINTED FOR TERMS OF SIX YEARS.
   2.  EACH  INITIAL  MEMBER'S  TERM SHALL COMMENCE ON JANUARY FIRST, TWO
 THOUSAND TWENTY. IN CASE OF A VACANCY IN  THE  OFFICE  OF  A  MEMBER,  A
 MEMBER  SHALL  BE APPOINTED ACCORDING TO THE ORIGINAL MANNER OF APPOINT-
 MENT. EACH MEMBER SHALL BE A RESIDENT OF  THE  STATE  OF  NEW  YORK  AND
 REGISTERED  TO  VOTE  THEREIN.  EACH  MEMBER SHALL AGREE NOT TO MAKE AND
 SHALL NOT MAKE CONTRIBUTIONS TO ANY CANDIDATE  OR  AUTHORIZED  COMMITTEE
 FOR  NOMINATION FOR ELECTION OR FOR ELECTION TO THE OFFICES OF GOVERNOR,
 LIEUTENANT GOVERNOR, STATE COMPTROLLER, ATTORNEY GENERAL, MEMBER OF  THE
 ASSEMBLY, STATE SENATOR AND DELEGATE TO A CONSTITUTIONAL CONVENTION.  NO
 MEMBER SHALL SERVE AS AN OFFICER OF A POLITICAL PARTY OR COMMITTEE OR BE
 A  CANDIDATE OR PARTICIPATE IN ANY CAPACITY IN A CAMPAIGN BY A CANDIDATE
 FOR NOMINATION FOR ELECTION, OR FOR ELECTION TO THE OFFICES OF GOVERNOR,
 LIEUTENANT GOVERNOR, STATE COMPTROLLER, ATTORNEY GENERAL, MEMBER OF  THE
 ASSEMBLY, STATE SENATOR AND DELEGATE TO A CONSTITUTIONAL CONVENTION.  AN

 S. 6116                            16
 
 OFFICER OR EMPLOYEE OF THE STATE OR ANY STATE AGENCY SHALL NOT BE ELIGI-
 BLE TO BE A MEMBER OF THE CAMPAIGN FINANCE BOARD.
   3.  THE  MEMBERS  OF  THE  CAMPAIGN FINANCE BOARD SHALL BE ENTITLED TO
 RECEIVE PAYMENT FOR  ACTUAL  AND  NECESSARY  EXPENSES  INCURRED  IN  THE
 PERFORMANCE OF THEIR DUTIES AS MEMBERS OF SUCH BOARD.
   4. A MEMBER OF THE CAMPAIGN FINANCE BOARD MAY BE REMOVED BY HIS OR HER
 APPOINTING  AUTHORITY  SOLELY  FOR  SUBSTANTIAL  NEGLECT  OF DUTY, GROSS
 MISCONDUCT IN OFFICE, INABILITY TO DISCHARGE THE POWERS OR DUTIES OF THE
 OFFICE, OR VIOLATION OF THE PROVISIONS OF THIS  CHAPTER,  AFTER  WRITTEN
 NOTICE  AND OPPORTUNITY FOR A PUBLIC HEARING PURSUANT TO RULES DEVELOPED
 BY THE CAMPAIGN FINANCE BOARD.
   5. THE CAMPAIGN FINANCE BOARD MAY EMPLOY  OR  SHALL  UTILIZE  EXISTING
 STAFF  OF THE STATE BOARD OF ELECTIONS AS MAY BE NECESSARY, INCLUDING AN
 EXECUTIVE DIRECTOR  AND  A  COUNSEL,  AND  MAKE  NECESSARY  EXPENDITURES
 SUBJECT  TO  APPROPRIATION.   THE CAMPAIGN FINANCE BOARD SHALL RETAIN AN
 INDEPENDENT AUDITOR TO PERFORM ONGOING AUDITS OF EACH  COVERED  ELECTION
 BY  CONTRACT ENTERED INTO PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE OF
 THE STATE FINANCE LAW.
   6. IN ADDITION TO THE ENFORCEMENT POWERS, AND  ANY  OTHER  POWERS  AND
 DUTIES SPECIFIED BY LAW, THE CAMPAIGN FINANCE BOARD SHALL:
   (A)  (I)  RENDER  ADVISORY  OPINIONS WITH RESPECT TO QUESTIONS ARISING
 UNDER THIS TITLE UPON THE WRITTEN REQUEST OF A CANDIDATE, AN OFFICER  OF
 A  POLITICAL  COMMITTEE  OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITI-
 ATIVE; (II) PROMULGATE RULES REGARDING REASONABLE TIMES  TO  RESPOND  TO
 SUCH REQUESTS; AND (III) MAKE PUBLIC THE QUESTIONS OF INTERPRETATION FOR
 WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE CAMPAIGN FINANCE BOARD
 AND ITS ADVISORY OPINIONS, INCLUDING BY PUBLICATION ON ITS WEBSITE;
   (B)  DEVELOP  A  PROGRAM FOR INFORMING CANDIDATES AND THE PUBLIC AS TO
 THE PURPOSE AND EFFECT OF THE PROVISIONS OF  THIS  TITLE,  INCLUDING  BY
 MEANS OF A WEBSITE;
   (C)  HAVE  THE  AUTHORITY TO PROMULGATE SUCH RULES AND REGULATIONS AND
 PRESCRIBE SUCH FORMS AS THE CAMPAIGN FINANCE BOARD DEEMS  NECESSARY  FOR
 THE ADMINISTRATION OF THIS TITLE; AND
   (D) IN CONJUNCTION WITH THE STATE BOARD OF ELECTIONS DEVELOP AN INTER-
 ACTIVE,  SEARCHABLE COMPUTER DATABASE THAT SHALL CONTAIN ALL INFORMATION
 NECESSARY FOR THE PROPER ADMINISTRATION OF THIS TITLE INCLUDING INFORMA-
 TION ON CONTRIBUTIONS  TO  AND  EXPENDITURES  BY  CANDIDATES  AND  THEIR
 AUTHORIZED  COMMITTEES  AND  DISTRIBUTIONS  OF  MONEYS FROM THE FUND AND
 SHALL BE ACCESSIBLE TO THE PUBLIC  ON  THE  STATE  BOARD  OF  ELECTIONS'
 WEBSITE.
   7.  CONSISTENT WITH THE PROVISIONS OF THE CIVIL SERVICE LAW AND SUBDI-
 VISION SEVENTEEN OF SECTION SEVENTY-THREE OF THE  PUBLIC  OFFICERS  LAW,
 AND NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, ALL
 POSITIONS ON THE STAFF OF THE CAMPAIGN FINANCE BOARD SHALL BE CLASSIFIED
 IN THE EXEMPT CLASS OF THE CIVIL SERVICE.
   8.  THE  CAMPAIGN  FINANCE BOARD'S ADMINISTRATION OF THE FUND SHALL BE
 GOVERNED BY THE PROVISIONS OF THIS TITLE AND SECTION  NINETY-NINE-HH  OF
 THE STATE FINANCE LAW.
   9. THE CAMPAIGN FINANCE BOARD AND ITS PROCEEDINGS SHALL BE GOVERNED BY
 THE  STATE  ADMINISTRATIVE PROCEDURE ACT AND SUBJECT TO ARTICLES SIX AND
 SEVEN OF THE PUBLIC OFFICERS LAW.
   10. THE CAMPAIGN FINANCE BOARD MAY TAKE  SUCH  OTHER  ACTIONS  AS  ARE
 NECESSARY AND PROPER TO CARRY OUT THE PURPOSES OF THIS TITLE.
   §  14-218.  AUDITS  AND  REPAYMENTS.  1. THE CAMPAIGN FINANCE BOARD IS
 HEREBY EMPOWERED TO AUDIT AND EXAMINE, PURSUANT  TO  GENERALLY  ACCEPTED
 ACCOUNTING  PRINCIPLES,  ALL  MATTERS RELATING TO THE PERFORMANCE OF ITS

 S. 6116                            17
 
 FUNCTIONS AND ANY OTHER MATTER RELATING TO THE  ADMINISTRATION  OF  THIS
 TITLE.  SUCH  AUDITS  SHALL  BE  CONDUCTED AS FREQUENTLY AS THE CAMPAIGN
 FINANCE BOARD DEEMS NECESSARY TO  ENSURE  COMPLIANCE  WITH  THIS  TITLE.
 EVERY  CANDIDATE WHO RECEIVES MATCHING FUNDS UNDER THIS TITLE SHALL ALSO
 BE AUDITED BY THE CAMPAIGN FINANCE  BOARD  POST-ELECTION.  THE  COST  OF
 COMPLYING  WITH  A POST-ELECTION AUDIT SHALL BE BORNE BY THE CANDIDATE'S
 AUTHORIZED COMMITTEE. A CANDIDATE WHO HAS RECEIVED MATCHING FUNDS  UNDER
 THIS  TITLE MUST MAINTAIN A RESERVE OF AT LEAST ONE PERCENT OF THE TOTAL
 AMOUNT OF MATCHING FUNDS RECEIVED  BY  SUCH  CANDIDATE  IN  HIS  OR  HER
 CAMPAIGN ACCOUNT TO COMPLY WITH THE POST-ELECTION AUDIT. A CANDIDATE WHO
 RUNS  IN  BOTH A PRIMARY AND A GENERAL ELECTION, MUST MAINTAIN A RESERVE
 OF ONE PERCENT OF THE TOTAL AMOUNT OF MATCHING FUNDS  RECEIVED  BY  SUCH
 CANDIDATE  FOR BOTH HIS OR HER PRIMARY AND GENERAL ELECTION. A CANDIDATE
 MAY USE MATCHING FUNDS, PRIVATE FUNDS OR A COMBINATION OF  MATCHING  AND
 PRIVATE FUNDS TO COMPLY WITH A POST-ELECTION AUDIT. THE CAMPAIGN FINANCE
 BOARD SHALL ISSUE TO EACH CAMPAIGN AUDITED THE FINAL POST-ELECTION AUDIT
 REPORT  THAT  DETAILS  ITS  FINDINGS AND SHALL PROVIDE SUCH AUDIT TO THE
 GOVERNOR AND LEGISLATIVE LEADERS AND MAKE SUCH AUDIT REPORT AVAILABLE ON
 THE STATE BOARD OF ELECTIONS' WEBSITE.
   2. IF THE CAMPAIGN FINANCE BOARD DETERMINES  THAT  ANY  PORTION  OF  A
 PAYMENT  MADE  TO  A  CANDIDATE'S  AUTHORIZED  COMMITTEE  FROM  THE FUND
 EXCEEDED THE AMOUNT THAT SUCH CANDIDATE WAS ELIGIBLE TO RECEIVE PURSUANT
 TO THIS TITLE, THE CAMPAIGN FINANCE BOARD SHALL  NOTIFY  SUCH  COMMITTEE
 AND  SUCH  COMMITTEE  SHALL  PAY TO THE CAMPAIGN FINANCE BOARD AN AMOUNT
 EQUAL TO THE AMOUNT OF THE EXCESS PAYMENT; PROVIDED,  HOWEVER,  THAT  IF
 THE  ERRONEOUS  PAYMENT WAS DUE TO AN ERROR MADE BY THE CAMPAIGN FINANCE
 BOARD, THEN THE ERRONEOUS PAYMENT WILL  BE  OFFSET  AGAINST  ANY  FUTURE
 PAYMENT, IF ANY. THE PARTICIPATING CANDIDATE AND THE CANDIDATE'S AUTHOR-
 IZED  COMMITTEE SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY REPAYMENTS
 DUE TO THE CAMPAIGN FINANCE BOARD FOR DEPOSIT BY SUCH BOARD INTO THE NEW
 YORK STATE CAMPAIGN FINANCE FUND.
   3. IF THE CAMPAIGN FINANCE BOARD DETERMINES  THAT  ANY  PORTION  OF  A
 PAYMENT  MADE  TO  A  CANDIDATE'S AUTHORIZED COMMITTEE FROM THE NEW YORK
 STATE CAMPAIGN FINANCE FUND WAS USED FOR PURPOSES OTHER  THAN  QUALIFIED
 CAMPAIGN  EXPENDITURES,  THE  CAMPAIGN  FINANCE  BOARD SHALL NOTIFY SUCH
 COMMITTEE OF THE AMOUNT SO DISQUALIFIED AND SUCH COMMITTEE SHALL PAY  TO
 THE  CAMPAIGN FINANCE BOARD AN AMOUNT EQUAL TO SUCH DISQUALIFIED AMOUNT.
 SUCH MONIES SHALL BE DEPOSITED INTO THE NEW YORK STATE CAMPAIGN  FINANCE
 FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-HH OF THE STATE FINANCE
 LAW.    THE  CANDIDATE AND THE CANDIDATE'S AUTHORIZED COMMITTEE SHALL BE
 JOINTLY AND SEVERALLY LIABLE FOR ANY  REPAYMENTS  DUE  TO  THE  CAMPAIGN
 FINANCE BOARD.
   4.  A  PARTICIPATING CANDIDATE SHALL PAY TO THE CAMPAIGN FINANCE BOARD
 FOR DEPOSIT INTO THE CAMPAIGN FINANCE FUND UNSPENT MATCHING FUNDS FOR AN
 ELECTION NOT LATER THAN  THIRTY  DAYS  AFTER  ALL  LIABILITIES  FOR  THE
 ELECTION CAMPAIGN HAVE BEEN PAID AND IN ANY EVENT, NOT LATER THAN TWENTY
 DAYS AFTER THE DATE ON WHICH THE CAMPAIGN FINANCE BOARD ISSUES ITS FINAL
 AUDIT  REPORT  FOR  THE  PARTICIPATING  CANDIDATE'S COMMITTEE; PROVIDED,
 HOWEVER, THAT ALL UNSPENT MATCHING FUNDS FOR A  PARTICIPATING  CANDIDATE
 SHALL  BE  IMMEDIATELY DUE AND PAYABLE TO THE CAMPAIGN FINANCE BOARD FOR
 DEPOSIT INTO THE NEW YORK STATE CAMPAIGN FINANCE FUND UPON ITS  DETERMI-
 NATION  THAT  THE  PARTICIPANT WILLFULLY DELAYED THE POST-ELECTION AUDIT
 PROCESS. A PARTICIPATING CANDIDATE MAY MAKE  POST-ELECTION  EXPENDITURES
 ONLY  FOR  ROUTINE  ACTIVITIES  INVOLVING  NOMINAL COSTS ASSOCIATED WITH
 WINDING UP A CAMPAIGN AND RESPONDING TO THE POST-ELECTION AUDIT PURSUANT
 TO SECTION 14-228 OF THIS TITLE. FOR ACCOUNTING  PURPOSES,  ALL  PRIVATE

 S. 6116                            18
 
 AND PERSONAL CONTRIBUTIONS SHALL BE CONSIDERED SPENT BEFORE REVENUE FROM
 THE FUND IS SPENT OR COMMITTED.
   § 14-220. CIVIL ENFORCEMENT. 1. ANY PERSON OR AUTHORIZED COMMITTEE WHO
 KNOWINGLY  AND  WILLFULLY  FAILS  TO  MAKE  A  FILING AS REQUIRED BY THE
 PROVISIONS OF THIS TITLE SHALL BE SUBJECT TO A FINE TO BE IMPOSED BY THE
 CAMPAIGN FINANCE BOARD IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS.
   2. ANY PERSON OR AUTHORIZED  COMMITTEE  WHO  KNOWINGLY  AND  WILLFULLY
 VIOLATES ANY OTHER PROVISION OF THIS TITLE OR ANY RULE PROMULGATED HERE-
 UNDER  SHALL  BE SUBJECT TO A FINE TO BE IMPOSED BY THE CAMPAIGN FINANCE
 BOARD IN AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS.
   3. FINES AUTHORIZED UNDER THIS SECTION WILL BE IMPOSED BY THE CAMPAIGN
 FINANCE BOARD AFTER A HEARING AT WHICH THE SUBJECT PERSON OR  AUTHORIZED
 COMMITTEE  SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD. SUCH HEARING SHALL
 BE HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY BE PRESCRIBED BY  THE
 RULES  OF  THE  CAMPAIGN  FINANCE BOARD. FOR PURPOSES OF CONDUCTING SUCH
 HEARINGS, THE CAMPAIGN FINANCE BOARD SHALL BE DEEMED  TO  BE  AN  AGENCY
 WITHIN  THE  MEANING OF ARTICLE THREE OF THE STATE ADMINISTRATIVE PROCE-
 DURE ACT AND SHALL ADOPT RULES GOVERNING  THE  CONDUCT  OF  ADJUDICATORY
 PROCEEDINGS  AND  APPEALS TAKEN PURSUANT TO A PROCEEDING COMMENCED UNDER
 ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND  RULES  RELATING  TO
 THE ASSESSMENT OF THE FINES HEREIN AUTHORIZED.
   4.  THE  CAMPAIGN  FINANCE  BOARD  SHALL PUBLISH ON THE STATE BOARD OF
 ELECTIONS' WEBSITE THE  FINAL  ORDER  ADJUDICATING  ANY  MATTER  BROUGHT
 PURSUANT TO THIS SECTION.
   5.  ANY  FINES  IMPOSED BY THE CAMPAIGN FINANCE BOARD PURSUANT TO THIS
 SECTION SHALL BE DEPOSITED INTO THE  NEW  YORK  STATE  CAMPAIGN  FINANCE
 FUND.
   § 14-222. CRIMINAL PENALTIES. 1. ANY PERSON WHO KNOWINGLY AND WILLFUL-
 LY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS OF THIS TITLE WITH-
 IN  TEN  DAYS AFTER THE DATE PROVIDED FOR SUCH, OR ANYONE THAT KNOWINGLY
 AND WILLFULLY VIOLATES ANY OTHER PROVISION OF THIS TITLE SHALL BE GUILTY
 OF A MISDEMEANOR AND, IN ADDITION TO SUCH  OTHER  PENALTIES  AS  MAY  BE
 PROVIDED  BY LAW, SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT OF
 TEN THOUSAND DOLLARS.
   2. ANY PERSON WHO KNOWINGLY AND WILLFULLY CONTRIBUTES, ACCEPTS OR AIDS
 OR PARTICIPATES IN THE CONTRIBUTION OR ACCEPTANCE OF A  CONTRIBUTION  IN
 AN  AMOUNT  EXCEEDING  AN  APPLICABLE  MAXIMUM SPECIFIED IN THIS ARTICLE
 SHALL BE GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A FINE  NOT  TO
 EXCEED THE AMOUNT OF TEN THOUSAND DOLLARS.
   3. ANY PERSON WHO KNOWINGLY MAKES A FALSE STATEMENT OR KNOWINGLY OMITS
 A  MATERIAL  FACT TO THE CAMPAIGN FINANCE BOARD OR AN AUDITOR DESIGNATED
 BY THE CAMPAIGN FINANCE BOARD DURING ANY  AUDIT  CONDUCTED  PURSUANT  TO
 SECTION 14-218 OF THIS TITLE SHALL BE GUILTY OF A CLASS E FELONY.
   4.  IN  ADDITION ANY OTHER SENTENCE LAWFULLY IMPOSED UPON A FINDING OF
 GUILT IN A CRIMINAL PROSECUTION COMMENCED PURSUANT TO THE PROVISIONS  OF
 THIS  SECTION,  THE COURT MAY ORDER A DEFENDANT TO REPAY TO THE CAMPAIGN
 FINANCE BOARD ANY MATCHING FUNDS OBTAINED AS A RESULT  OF  ANY  CRIMINAL
 CONDUCT.
   5. ALL SUCH PROSECUTIONS FOR CRIMINAL ACTS UNDER THIS ARTICLE SHALL BE
 PROSECUTED BY THE ATTORNEY GENERAL.
   6.  ANY  AND  ALL FINES IMPOSED PURSUANT TO THIS SECTION SHALL BE MADE
 PAYABLE TO THE CAMPAIGN FINANCE BOARD FOR  DEPOSIT  INTO  THE  NEW  YORK
 STATE CAMPAIGN FINANCE FUND.
   § 14-224. REPORTS. THE CAMPAIGN FINANCE BOARD SHALL SUBMIT A REPORT TO
 THE  GOVERNOR  AND  LEGISLATIVE LEADERS ON OR BEFORE FEBRUARY FIRST, TWO

 S. 6116                            19
 
 THOUSAND  TWENTY-ONE,  AND  EVERY  TWO  YEARS  THEREAFTER,  WHICH  SHALL
 INCLUDE:
   1.  A  LIST  OF  THE  PARTICIPATING AND NONPARTICIPATING CANDIDATES IN
 COVERED ELECTIONS AND THE VOTES RECEIVED  BY  EACH  CANDIDATE  IN  THOSE
 ELECTIONS;
   2.  THE  AMOUNT  OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES
 MADE, ON BEHALF OF PARTICIPATING AND NONPARTICIPATING CANDIDATES;
   3. THE AMOUNT OF MATCHING FUNDS EACH PARTICIPATING CANDIDATE RECEIVED,
 SPENT AND REPAID PURSUANT TO THIS ARTICLE;
   4. ANALYSIS OF THE EFFECT OF THIS TITLE ON THE ELECTION  CAMPAIGN  FOR
 THE  OFFICES OF GOVERNOR, LIEUTENANT GOVERNOR, STATE COMPTROLLER, ATTOR-
 NEY GENERAL, MEMBER OF THE ASSEMBLY, STATE SENATOR  AND  DELEGATE  TO  A
 CONSTITUTIONAL  CONVENTION,  INCLUDING  ITS  EFFECT  ON  THE SOURCES AND
 AMOUNTS OF PRIVATE FINANCING, THE LEVEL OF CAMPAIGN EXPENDITURES,  VOTER
 PARTICIPATION,  THE  NUMBER  OF CANDIDATES, THE CANDIDATES' ABILITIES TO
 CAMPAIGN EFFECTIVELY FOR PUBLIC OFFICE, AND THE DIVERSITY OF  CANDIDATES
 SEEKING AND ELECTED TO OFFICE;
   5.  RECOMMENDATIONS FOR CHANGES OR AMENDMENTS TO THIS TITLE, INCLUDING
 CHANGES IN CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY AND LIMITS ON
 TOTAL MATCHING FUNDS; AND
   6. ANY OTHER INFORMATION THAT THE CAMPAIGN FINANCE BOARD  DEEMS  RELE-
 VANT.
   §  14-226.  DEBATES. THE CAMPAIGN FINANCE BOARD SHALL PROMULGATE REGU-
 LATIONS TO FACILITATE DEBATES AMONG  PARTICIPATING  CANDIDATES.  PARTIC-
 IPATING  CANDIDATES  ARE  REQUIRED TO PARTICIPATE IN AT LEAST ONE DEBATE
 BEFORE THE PRIMARY ELECTION AND IN AT LEAST ONE DEBATE BEFORE THE GENER-
 AL ELECTION FOR WHICH THE CANDIDATE RECEIVES PUBLIC  FUNDS,  UNLESS  THE
 PARTICIPATING  CANDIDATE IS RUNNING UNOPPOSED. A NONPARTICIPATING CANDI-
 DATE MAY BE A PARTY TO SUCH DEBATES.
   § 14-228. DISTRIBUTIONS FROM CAMPAIGN FINANCE FUND.  1.  THIS  SECTION
 GOVERNS  THE  CAMPAIGN  FINANCE  BOARD'S  DISTRIBUTION OF FUNDS FROM THE
 CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-NINE-HH OF THE STATE
 FINANCE LAW, EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE.
   2. NO MONEYS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO HAS BEEN
 DISQUALIFIED  BY  THE  CAMPAIGN  FINANCE  BOARD  OR  WHOSE   DESIGNATING
 PETITIONS  HAVE BEEN DECLARED INVALID BY THE STATE BOARD OF ELECTIONS OR
 A COURT OF COMPETENT JURISDICTION  UNTIL  AND  UNLESS  SUCH  FINDING  IS
 REVERSED BY AN APPELLATE COURT.
   3.  NO  PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDIDATE OR
 SUCH A CANDIDATE'S AUTHORIZED COMMITTEE ON THE DATE  OF  SUCH  DISQUALI-
 FICATION  OR  INVALIDATION  MAY  THEREAFTER  BE EXPENDED FOR ANY PURPOSE
 EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE THAT DATE.  ALL EXCESS
 MATCHING MONEYS PAID TO A DISQUALIFIED CANDIDATE SHALL  BE  RETURNED  TO
 THE  FUND NOT LESS THAN THIRTY DAYS AFTER THE GENERAL ELECTION FOR THOSE
 PARTICIPATING CANDIDATES WHO RECEIVED MATCHING MONEYS  FOR  THE  GENERAL
 ELECTION,  AND  OTHERWISE,  NOT  LESS THAN THIRTY DAYS AFTER THE PRIMARY
 ELECTION FOR THOSE PARTICIPATING CANDIDATES WHO RECEIVED MATCHING MONEYS
 SOLELY FOR THE PRIMARY ELECTION.
   4. (A) PARTICIPATING CANDIDATES SHALL  PAY  TO  THE  CAMPAIGN  FINANCE
 BOARD  UNSPENT  MATCHING  CAMPAIGN FUNDS FROM AN ELECTION NOT LATER THAN
 THIRTY DAYS AFTER ALL LIABILITIES FOR THE ELECTION HAVE BEEN  PAID  AND,
 IN  ANY  EVENT,  NOT LESS THAN TWENTY DAYS AFTER THE DATE UPON WHICH THE
 CAMPAIGN FINANCE BOARD ISSUES ITS FINAL AUDIT REPORT FOR THE PARTICIPAT-
 ING CANDIDATE'S COMMITTEE; PROVIDED, HOWEVER, THAT ALL UNSPENT  MATCHING
 CAMPAIGN  FUNDS  FOR  A PARTICIPATING CANDIDATE SHALL BE IMMEDIATELY DUE
 AND PAYABLE TO THE CAMPAIGN FINANCE BOARD UPON  ITS  DETERMINATION  THAT

 S. 6116                            20
 
 THE PARTICIPATING CANDIDATE HAS, WITHOUT JUST CAUSE, DELAYED THE POST-E-
 LECTION  AUDIT  PROCESS.  UNSPENT MATCHING CAMPAIGN FUNDS DETERMINATIONS
 MADE BY THE CAMPAIGN FINANCE BOARD SHALL BE BASED ON  THE  PARTICIPATING
 CANDIDATE  COMMITTEE'S  RECEIPTS  AND EXPENDITURES. THE CAMPAIGN FINANCE
 BOARD MAY ALSO CONSIDER ANY OTHER RELEVANT INFORMATION REVEALED  IN  THE
 COURSE  OF  ITS  AUDITS  OR  INVESTIGATIONS OR THE INVESTIGATIONS BY ANY
 OTHER AGENCY.
   (B) (I) A PARTICIPATING CANDIDATE MAY NOT USE RECEIPTS FOR ANY PURPOSE
 OTHER THAN DISBURSEMENTS IN THE PRECEDING  ELECTION  UNTIL  ALL  UNSPENT
 MATCHING  CAMPAIGN  FUNDS  HAVE  BEEN  REPAID. A PARTICIPATING CANDIDATE
 SHALL HAVE THE BURDEN OF DEMONSTRATING THAT A POST-ELECTION  EXPENDITURE
 IS FOR THE PRECEDING ELECTION.
   (II)  BEFORE REPAYING UNSPENT MATCHING CAMPAIGN FUNDS, A PARTICIPATING
 CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES ONLY  FOR  ROUTINE  ACTIV-
 ITIES  INVOLVING NOMINAL COSTS ASSOCIATED WITH WINDING UP A CAMPAIGN AND
 RESPONDING TO THE POST-ELECTION AUDIT. SUCH  EXPENDITURES  MAY  INCLUDE:
 PAYMENT  OF  UTILITY  BILLS  AND  RENT;  REASONABLE  STAFF  SALARIES AND
 CONSULTANT FEES FOR RESPONDING  TO  A  POST-ELECTION  AUDIT;  REASONABLE
 MOVING  EXPENSES  RELATED  TO  CLOSING A CAMPAIGN OFFICE; A HOLIDAY CARD
 MAILING TO CONTRIBUTORS, CAMPAIGN VOLUNTEERS, AND STAFF  MEMBERS;  THANK
 YOU  NOTES  FOR  CONTRIBUTORS,  CAMPAIGN  VOLUNTEERS, AND STAFF MEMBERS;
 PAYMENT OF TAXES AND  OTHER  REASONABLE  EXPENSES  FOR  COMPLIANCE  WITH
 APPLICABLE  TAX  LAWS;  AND  INTEREST  EXPENSES.  ROUTINE  POST-ELECTION
 EXPENDITURES THAT MAY BE PAID FOR WITH UNSPENT MATCHING  CAMPAIGN  FUNDS
 DO  NOT  INCLUDE  SUCH  ITEMS  AS  POST-ELECTION  MAILINGS OTHER THAN AS
 SPECIFICALLY PROVIDED FOR IN THIS SUBPARAGRAPH; MAKING CONTRIBUTIONS; OR
 HOLDING ANY POST-ELECTION DAY EVENT, INCLUDING, BUT NOT LIMITED TO,  ANY
 MEAL OR ANY PARTY. UNSPENT CAMPAIGN FUNDS MAY NOT BE USED FOR TRANSITION
 OR INAUGURATION ACTIVITIES.
   5.  ALL MONIES RECEIVED BY THE CAMPAIGN FINANCE BOARD PURSUANT TO THIS
 SECTION SHALL BE DEPOSITED INTO THE NEW YORK STATE CAMPAIGN FINANCE FUND
 PURSUANT TO SECTION NINETY-NINE-HH OF THE STATE FINANCE LAW.
   § 15. The election law is amended by adding a new  section  16-103  to
 read as follows:
   §  16-103.  PROCEEDINGS  AS TO MATCHING FUNDS. 1. THE DETERMINATION OF
 ELIGIBILITY PURSUANT TO SECTION 14-208 OF THIS CHAPTER AND ANY  QUESTION
 OR ISSUE RELATING TO PAYMENTS FOR QUALIFIED CAMPAIGN EXPENDITURES PURSU-
 ANT  TO  SECTION 14-212 OF THIS CHAPTER MAY BE CONTESTED IN A PROCEEDING
 INSTITUTED IN THE SUPREME COURT, ALBANY COUNTY, BY ANY AGGRIEVED  CANDI-
 DATE.
   2. A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY OR
 PAYMENT  FOR  QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO SECTION 14-212
 OF THIS CHAPTER SHALL BE INSTITUTED WITHIN SEVEN DAYS AFTER SUCH  DETER-
 MINATION  WAS  MADE. THE CAMPAIGN FINANCE BOARD SHALL BE MADE A PARTY TO
 ANY SUCH PROCEEDING.
   3. UPON THE CAMPAIGN FINANCE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE
 FROM A PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE  AFTER  THE
 ISSUANCE  OF  WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED BY SUBDIVI-
 SION FOUR OF SECTION 14-218 OF THIS CHAPTER, SUCH BOARD IS AUTHORIZED TO
 INSTITUTE A SPECIAL PROCEEDING OR CIVIL ACTION IN SUPREME COURT,  ALBANY
 COUNTY, TO OBTAIN A JUDGMENT FOR ANY AMOUNTS DETERMINED TO BE PAYABLE TO
 THE  CAMPAIGN FINANCE BOARD AS A RESULT OF AN EXAMINATION AND AUDIT MADE
 PURSUANT TO TITLE TWO OF ARTICLE FOURTEEN OF THIS CHAPTER.
   4. THE CAMPAIGN FINANCE BOARD IS AUTHORIZED  TO  INSTITUTE  A  SPECIAL
 PROCEEDING  OR CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A

 S. 6116                            21
 
 JUDGMENT FOR CIVIL PENALTIES  DETERMINED  TO  BE  PAYABLE  TO  THE  FAIR
 ELECTIONS BOARD PURSUANT TO SECTION 14-218 OF THIS CHAPTER.
   §  16.  The  general  business  law is amended by adding a new section
 359-gg to read as follows:
   § 359-GG. ADDITIONAL SURCHARGE. IN ADDITION TO ANY PENALTY  AUTHORIZED
 BY  SECTION THREE HUNDRED FIFTY-NINE-G OF THIS ARTICLE OR ANY DAMAGES OR
 OTHER COMPENSATION  RECOVERABLE  INCLUDING,  BUT  NOT  LIMITED  TO,  ANY
 SETTLEMENT  AUTHORIZED  BY  SECTION  SIXTY-THREE OR SIXTY-THREE-C OF THE
 EXECUTIVE LAW, THERE SHALL BE ASSESSED THEREON AN  ADDITIONAL  SURCHARGE
 IN  THE  AMOUNT  OF  TEN  PERCENT  OF  THE TOTAL AMOUNT OF SUCH PENALTY,
 DAMAGES OR SETTLEMENT. SUCH SURCHARGE SHALL BE DEPOSITED IN THE NEW YORK
 STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-NINE-HH OF THE
 STATE FINANCE LAW.
   § 17. The state finance law is amended by adding a new  section  99-hh
 to read as follows:
   §  99-HH.  NEW  YORK  STATE  CAMPAIGN FINANCE FUND. 1. THERE IS HEREBY
 ESTABLISHED IN THE JOINT CUSTODY OF THE  COMMISSIONER  OF  TAXATION  AND
 FINANCE AND THE STATE COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE "NEW
 YORK STATE CAMPAIGN FINANCE FUND".
   2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE SURCHARGE
 IMPOSED  PURSUANT  TO SECTION THREE HUNDRED FIFTY-NINE-GG OF THE GENERAL
 BUSINESS LAW, REVENUES RECEIVED FROM  CAMPAIGN  FINANCE  FUND  CHECK-OFF
 PURSUANT  TO  SECTION SIX HUNDRED THIRTY-G OF THE TAX LAW, REVENUES FROM
 THE ABANDONED PROPERTY FUND PURSUANT  TO  SECTION  NINETY-FIVE  OF  THIS
 ARTICLE,  AND  ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY
 OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS  SECTION
 SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS, BEQUESTS OR VOLUN-
 TARY  CONTRIBUTIONS  FOR  THE  PURPOSES  OF  THE FUND AS DEFINED IN THIS
 SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.   MONIES  IN
 THE FUND SHALL BE KEPT SEPARATE FROM AND NOT COMMINGLED WITH OTHER FUNDS
 HELD  IN  THE  JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE
 AND THE STATE COMPTROLLER.
   3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
 BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO  CANDIDATES  PURSUANT
 TO  TITLE  TWO  OF ARTICLE FOURTEEN OF THE ELECTION LAW. MONEYS SHALL BE
 PAID OUT OF THE FUND BY THE STATE COMPTROLLER ON VOUCHERS  CERTIFIED  OR
 APPROVED BY THE CAMPAIGN FINANCE BOARD ESTABLISHED PURSUANT TO TITLE TWO
 OF  ARTICLE  FOURTEEN OF THE ELECTION LAW, OR THE DULY DESIGNATED REPRE-
 SENTATIVE OF SUCH BOARD, IN THE MANNER PRESCRIBED BY LAW, NOT MORE  THAN
 ONE WORKING DAY AFTER A VOUCHER DULY CERTIFIED, APPROVED AND EXECUTED BY
 SUCH  BOARD  OR  ITS  REPRESENTATIVE IN THE FORM PRESCRIBED BY THE STATE
 COMPTROLLER IS RECEIVED BY THE STATE COMPTROLLER.
   § 18. The tax law is amended by adding a new section 630-g to read  as
 follows:
   § 630-G. CONTRIBUTION TO NEW YORK STATE CAMPAIGN FINANCE FUND.  EFFEC-
 TIVE  FOR  ANY  TAXABLE  YEAR  COMMENCING ON OR AFTER JANUARY FIRST, TWO
 THOUSAND NINETEEN, AN INDIVIDUAL  IN  ANY  TAXABLE  YEAR  MAY  ELECT  TO
 CONTRIBUTE  TO  THE  NEW YORK STATE CAMPAIGN FINANCE FUND. SUCH CONTRIB-
 UTION SHALL BE IN THE AMOUNT OF FIVE DOLLARS AND SHALL  NOT  REDUCE  THE
 AMOUNT  OF  STATE  TAX  OWED  BY SUCH INDIVIDUAL. THE COMMISSIONER SHALL
 INCLUDE SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER  TO
 MAKE  SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL
 REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE NEW
 YORK STATE CAMPAIGN FINANCE  FUND  AND  USED  ONLY  FOR  THOSE  PURPOSES
 ENUMERATED IN SECTION NINETY-NINE-HH OF THE STATE FINANCE LAW.

 S. 6116                            22
 
   §  19.  Section 95 of the state finance law is amended by adding a new
 subdivision 5 to read as follows:
   5.  NOTWITHSTANDING  ANY  PROVISION  OF  THIS  SECTION AUTHORIZING THE
 TRANSFER OF ANY MONEYS IN THE ABANDONED PROPERTY  FUND  TO  THE  GENERAL
 FUND, IN JANUARY OF EACH YEAR IN WHICH A STATE GENERAL ELECTION IS TO BE
 HELD  PURSUANT  TO LAW, OR AT LEAST SIX WEEKS PRIOR TO ANY STATE SPECIAL
 ELECTION, THE COMPTROLLER, UPON WARRANT OR VOUCHER BY THE CHAIR  OF  THE
 CAMPAIGN  FINANCE  BOARD  OR  HIS  OR HER DULY APPOINTED REPRESENTATIVE,
 SHALL TRANSFER MONEYS OF THE ABANDONED PROPERTY FUND INTO  THE  CAMPAIGN
 FINANCE  FUND  PURSUANT  TO  SECTION  NINETY-NINE-HH OF THIS ARTICLE. ON
 MARCH THIRTY-FIRST OF THE YEAR FOLLOWING  SUCH  GENERAL  ELECTION  YEAR,
 SUCH  CHAIR SHALL TRANSFER TO THE GENERAL FUND ANY SURPLUS MONEYS OF THE
 CAMPAIGN FINANCE FUND AS OF SUCH DATE.
   § 20. Section 6-120 of the election law is REPEALED.
   § 21. Severability. If any clause, sentence,  subdivision,  paragraph,
 section or part of this act be adjudged by any court of competent juris-
 diction to be invalid, such judgment shall not affect, impair or invali-
 date  the  remainder  thereof, but shall be confined in its operation to
 the clause, sentence, subdivision, paragraph, section  or  part  thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered.
   § 22. This act shall take effect December 31, 2019; provided, however,
 that all candidates will be eligible  to  participate  in  the  optional
 campaign finance system beginning with the 2020 general election.