LBD14971-03-2
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general, runoff, or special election, AND: (I) IS FOR A CANDIDATE FOR
PUBLIC OFFICE TO BE VOTED ON BY THE VOTERS OF THE ENTIRE STATE OR FOR
NOMINATION TO ANY SUCH OFFICE, AND HAS BEEN MADE BY A NATURAL PERSON WHO
IS A RESIDENT IN THE STATE OF NEW YORK; OR (II) IS FOR A CANDIDATE FOR
ELECTION TO THE STATE ASSEMBLY OR STATE SENATE OR FOR NOMINATION TO ANY
SUCH OFFICE, AND HAS BEEN MADE BY A NATURAL PERSON WHO IS ALSO A RESI-
DENT OF SUCH STATE ASSEMBLY OR STATE SENATE DISTRICT FOR WHICH SUCH
CANDIDATE IS SEEKING NOMINATION OR ELECTION. Any contribution, contrib-
utions, or a portion of a contribution determined to be invalid for
matching funds by the PCFB may not be treated as a matchable contrib-
ution 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) anonymous contributions;
(vi) contributions whose source is not itemized as required by [these
recommendations] THIS TITLE;
(vii) contributions gathered during a previous election cycle;
(viii) illegal contributions;
(ix) contributions from minors;
(x) contributions from vendors for campaigns hired by the candidate
for such election cycle;
(xi) contributions from lobbyists registered pursuant to subdivision
(a) of section one-c of the legislative law; and
(xii) any portion of a contribution when the aggregate contributions
WITHIN THE ELECTION CYCLE are in excess of two hundred fifty dollars
from any one contributor to such participating candidate for nomination
or election.
19. "surplus" means those funds where the total sum of contributions
received and public [matchable] MATCHING funds received by a participat-
ing candidate and his or her authorized committee exceeds the total
campaign expenditures of such candidate and authorized committee for all
covered elections held in the same calendar year or for a special
election to fill a vacancy.
§ 2. Subparagraphs (iii), (iv), and (v) of paragraph (i) of subdivi-
sion 1 and subdivision 2 of section 14-203 of the election law, as added
by section 4 of part ZZZ of chapter 58 of the laws of 2020, are amended
to read as follows:
(iii) Nothing in this section shall be interpreted to require a candi-
date who retains funds raised during any previous election cycle to
forfeit such funds. Funds raised during a previous election cycle may be
retained and used by the candidate for the candidate's campaign in the
next election cycle but funds shall not qualify for satisfying the
threshold for participating in the public campaign finance program
established in this title nor shall they be eligible to be matched. [The
PCFB shall adopt regulations to ensure that contributions that would
satisfy the applicable contribution limits authorized in this title
shall be transferred into the appropriate campaign account.] ONLY
CONTRIBUTIONS THAT WOULD SATISFY THE APPLICABLE CONTRIBUTION LIMITS
AUTHORIZED BY THIS TITLE SHALL BE TRANSFERRED INTO THE APPROPRIATE
CAMPAIGN ACCOUNT. THE PCFB SHALL ADOPT REGULATIONS TO ENSURE COMPLIANCE
WITH THIS SUBPARAGRAPH.
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(iv) Contributions received and expenditures made by the candidate or
an authorized committee of the candidate prior to the effective date of
this title shall not constitute a violation of this title. Unexpended
contributions shall be treated the same as [campaign surpluses] FUNDS
RAISED DURING A PREVIOUS ELECTION CYCLE under subparagraph (iii) of this
paragraph. Nothing in this recommendation shall be construed to limit,
in any way, any candidate or public official from expending any portion
of pre-existing campaign funds for any lawful purpose other than those
related to his or her campaign.
(v) A candidate who has raised matchable contributions but, in the
case of a covered primary, general or special election, is not opposed
by another candidate on the ballot who is not a write-in candidate, or
who chooses not to accept [matchable] MATCHING funds, may retain such
contributions and apply them in accord with this title to the candi-
date's next campaign, should there be one, in the next election cycle.
2. Threshold for eligibility. (a) The threshold for eligibility for
public funding for participating candidates shall be in the case of:
(i) governor, not less than five hundred thousand dollars in contrib-
utions [including at least five thousand matchable contributions shall
be counted toward this qualifying threshold] FROM RESIDENTS OF THE STATE
OF NEW YORK, INCLUDING MATCHABLE CONTRIBUTIONS FROM AT LEAST FIVE THOU-
SAND UNIQUE CONTRIBUTORS;
(ii) lieutenant governor, attorney general and comptroller, not less
than one hundred thousand dollars in contributions [including at least
one thousand matchable contributions shall be counted toward this quali-
fying threshold] FROM RESIDENTS OF THE STATE OF NEW YORK, INCLUDING
MATCHABLE CONTRIBUTIONS FROM AT LEAST ONE THOUSAND UNIQUE CONTRIBUTORS;
(iii) state senator, except as otherwise provided in paragraph (c) of
this subdivision, not less than twelve thousand dollars in contributions
[including at least one hundred fifty matchable contributions shall be
counted toward this qualifying threshold] FROM RESIDENTS OF THE DISTRICT
IN WHICH THE SEAT IS TO BE FILLED, INCLUDING MATCHABLE CONTRIBUTIONS
FROM AT LEAST ONE HUNDRED FIFTY UNIQUE CONTRIBUTORS; and
(iv) member of the assembly, except as otherwise provided in paragraph
(c) of this subdivision, not less than six thousand dollars in contrib-
utions [including at least seventy-five matchable contributions shall be
counted toward this qualifying threshold] FROM RESIDENTS OF THE DISTRICT
IN WHICH THE SEAT IS TO BE FILLED, INCLUDING MATCHABLE CONTRIBUTIONS
FROM AT LEAST SEVENTY-FIVE UNIQUE CONTRIBUTORS.
(b) However, solely for purposes of achieving the monetary thresholds
in paragraph (a) of this subdivision, the first two hundred fifty
dollars of any contribution of more than two hundred fifty dollars to a
candidate or a candidate's committee which would otherwise be matchable
except that it comes from a contributor who has contributed more than
two hundred fifty dollars to such candidate or candidate's committee, is
deemed to be a matchable contribution and shall count toward satisfying
such monetary threshold but shall not otherwise be considered a matcha-
ble contribution.
(c) With respect to the minimum dollar threshold for participating
candidates for state senate and state assembly, in such districts where
[average median income ("AMI") is below the AMI as determined by the
United States Census Bureau three years before such election for which
public funds are sought] THE AVERAGE OF THE DISTRICT'S MEDIAN INCOME AS
DETERMINED BY THE BUREAU OF THE CENSUS OF THE UNITED STATES DEPARTMENT
OF COMMERCE FOR THE THREE YEARS PRIOR TO SUCH ELECTION IS BELOW THE
MEDIAN INCOME FOR THE STATE ACCORDING TO THE MOST RECENT CENSUS DATA
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AVAILABLE, such minimum dollar threshold for eligibility shall be
reduced by one-third. The PCFB shall make public which districts are
subject to such reduction no later than two years before the first
primary election for which funding is sought.
(d) Any participating candidate meeting the threshold for eligibility
in a primary election for one of the foregoing offices shall be
[applied] DEEMED to satisfy the threshold for eligibility for such
office in any other subsequent election held in the same calendar year.
Any participating candidate who is nominated in a primary election and
has participated in the public financing program set forth in this
title[, must] SHALL ALSO participate IN THE PUBLIC FINANCING PROGRAM in
the general election for such office.
§ 3. Subdivisions 2 and 4 of section 14-205 of the election law, as
added by section 4 of part ZZZ of chapter 58 of the laws of 2020, are
amended to read as follows:
2. Calculation of payment. (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, if the threshold for eligibility is met, the participating
candidate's authorized committee shall receive payment for qualified
campaign expenditures of six dollars of public matching funds for each
one dollar of matchable contributions, obtained and reported to the PCFB
in accordance with the provisions of this title. The maximum payment of
public matching funds shall be limited to the amounts set forth in
[this] section 14-204 OF THIS TITLE for the covered election.
(b) In any election for state senate or state assembly or for nomi-
nation to any such office, if the threshold for eligibility is met, the
participating candidate's authorized committee shall receive payment for
qualified campaign expenditures for matchable contributions of eligible
private funds per contributor, obtained, and reported to the PCFB here-
in, of: twelve dollars of public matching funds for each of the first
fifty dollars of matchable contributions; nine dollars of public match-
ing funds for each of the next one hundred dollars of public matchable
contributions; and eight dollars for [the] each of the next one hundred
dollars of public matchable contributions. The maximum payment of public
matching funds shall be limited to the amounts set forth in this section
for the covered election.
4. Notwithstanding any provision of this section to the contrary, the
amount of public funds payable to a participating candidate on the
ballot in any covered election shall not exceed one-quarter of the maxi-
mum public funds payment otherwise applicable [and no participating
candidate shall be eligible to receive a disbursement of public funds
prior to two weeks after the last day to file designating petitions for
a primary election] unless the participating candidate is opposed by a
competitive candidate. The PCFB shall, by regulation, set forth objec-
tive standards to determine whether a candidate is competitive and the
procedures for qualifying for the payment of public funds.
§ 4. Subdivisions 1 and 2 of section 14-207 of the election law, as
added by section 4 of part ZZZ of chapter 58 of the laws of 2020, are
amended to read as follows:
1. There shall be a public campaign finance board within the state
board of elections that shall be comprised of the following commission-
ers: the four state board of elections commissioners and three addi-
tional commissioners, one jointly appointed by the legislative leaders
of one major political party in each house of the legislature, one
jointly appointed by the legislative leaders of the other major poli-
tical party in each house of the legislature, and one of whom shall be
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appointed by the governor. Each commissioner must be a New York state
resident and registered voter, and may not currently be, or within the
previous five years have been, an officer of a political party or poli-
tical committee as defined in the election law, or a registered lobby-
ist. The chair of the PCFB shall be designated by the PCFB from among
the three additional commissioners. Each of the three additional commis-
sioners shall receive a per diem of three hundred fifty dollars for work
actually performed not to exceed twenty-five thousand dollars in any one
calendar year. They shall be considered public officers for purposes of
sections seventy-three-a and seventy-four of the public officers law.
The three commissioners so appointed pursuant to this recommendation
will be appointed for a term of five years to commence on July first,
two thousand twenty and may be removed by his or her appointing authori-
ty solely for substantial neglect of duty, gross misconduct in office,
OR inability to discharge the power or duties of office, after written
notice and opportunity to be heard. During the period of his or her term
as a commissioner appointed hereunder, each such commissioner is barred
from making, or soliciting from other persons, any contributions to
candidates for election to the offices of governor, lieutenant governor,
attorney general, comptroller, member of the assembly, or state senator.
Any vacancy occurring on the PCFB shall be filled within thirty days of
its occurrence in the same manner as the member whose vacancy is being
filled was appointed. A person appointed to fill a vacancy occurring
other than by expiration of a term of office shall be appointed for the
unexpired term of the member he or she succeeds. Four members of the
PCFB shall constitute a quorum, and the PCFB shall have the power to act
by majority vote of the total number of members of the commission with-
out vacancy. All members of the PCFB shall be appointed no later than
the first day of July, two thousand twenty and the PCFB shall promulgate
such regulations as are needed no later than the first day of July, two
thousand twenty-one.
2. The PCFB and state board of elections may utilize existing state
board of elections staff and hire such other staff as are necessary to
carry out its duties. It may expand its staffing, as needed, to provide
additional candidate liaisons to assist candidates in complying with the
terms of this public campaign finance system as provided for in [these
recommendations] THIS TITLE, as well as auditors, trainers, attorneys,
technical staff and other such staff as the PCFB determines is necessary
to administer this system. Annually, on or before the first of every
year, the PCFB shall submit to the governor and the division of the
budget a request for appropriations for the next state fiscal year to
fully support the administration of the public campaign finance program
established in this title.
§ 5. Paragraph (a) of subdivision 2 and subdivision 3 of section
14-208 of the election law, as added by section 4 of part ZZZ of chapter
58 of the laws of 2020, are amended to read as follows:
(a) If the PCFB determines that any portion of the payment made to a
candidate's authorized committee from the fund was in excess of the
aggregate amount of payments that such candidate was eligible to receive
pursuant to this title, it shall notify such committee and such commit-
tee shall pay to the PCFB an amount equal to the amount of excess
payments. Such committee shall first utilize [the surplus] ANY EXCESS
PAYMENTS OF THE PUBLIC MATCHING FUNDS for repayment of such sums and
then such other funds as it may have. Provided, however, that if the
erroneous payment was the result of an error by the PCFB, then the erro-
neous payment will be deducted from any future payment, if any, and if
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no future payment is to be made then neither the candidate nor the
committee shall be liable to repay the excess amount to the PCFB. The
candidate and the candidate's authorized committee are jointly and
severally liable for any repayments to the PCFB.
3. Rules and regulations. (a) The PCFB 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 that has qualified to receive
such payment. These regulations shall include the promulgation and
distribution of forms on which contributions and expenditures are to be
reported, the periods during which such reports must be filed, and the
verification required. The PCFB shall institute procedures which will
make possible payment by the fund within [four business days after
receipt of the required forms and verifications] THE TIME LIMITS
PROVIDED IN SECTION 14-205 OF THIS TITLE.
(b) All rules and regulations promulgated pursuant to this [recommen-
dation] TITLE shall be promulgated pursuant to the state administrative
procedure act. The PCFB's determinations pursuant to such regulations
and [these recommendations] THIS TITLE shall be deemed final.
§ 6. Subdivision 1 of section 14-209 of the election law, as added by
section 4 of part ZZZ of chapter 58 of the laws of 2020, is amended to
read as follows:
1. Civil penalties. Violations of any provisions regarding public
campaign financing stated in this title or regulation promulgated pursu-
ant to this title shall be subject to a civil penalty in an amount not
in excess of fifteen thousand dollars and such other lesser fines as the
PCFB may promulgate in regulation. SUCH REGULATIONS SHALL INCLUDE A
SCHEDULE OF FINES FOR ALLEGED FAILURES TO FILE, LATE REPORTS AND NOTICED
DEFICIENCIES, INCLUDING FINES THAT THE PCFB MAY ASSESS DIRECTLY ON
VIOLATORS. Candidates may contest alleged [failures to file, late
reports and reports with noticed deficiencies and have an opportunity
to] INFRACTIONS AND MAY be heard by the PCFB IN ACCORDANCE WITH SUBDIVI-
SION TWO OF THIS SECTION. [The PCFB shall promulgate a regulation
setting forth a schedule of fines for such infractions including those
that it may assess directly on violators.] The PCFB shall investigate
referrals and complaints. After investigation, it may recommend dismiss-
al, settlement, civil action, or referral to law enforcement. The PCFB
may assess penalties and it is authorized to commence a civil action in
court to enforce all penalties and recover money due.
§ 7. Section 14-212 of the election law, as added by section 4 of part
ZZZ of chapter 58 of the laws of 2020, is amended to read as follows:
§ 14-212. Severability. 1. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SUBDI-
VISION, SECTION OR PART OF THIS ARTICLE SHALL BE DETERMINED BY ANY COURT
OF COMPETENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT,
IMPAIR OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS
OPERATION TO THE PARTICULAR CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION,
SECTION OR PART THEREOF DIRECTLY FOUND INVALID IN THE JUDGMENT RENDERED.
IT IS HEREBY DECLARED TO BE THE INTENT OF THE LEGISLATURE THAT THIS
ARTICLE WOULD HAVE BEEN ENACTED EVEN IF SUCH INVALID PROVISIONS HAD NOT
BEEN INCLUDED HEREIN.
2. If any clause, sentence, or other portion of paragraph (c) of
subdivision two of section 14-203 of this title be adjudged by any court
of competent jurisdiction to be invalid, then subparagraphs (iii) and
(iv) of paragraph (a) of subdivision two of section 14-203 of this title
shall read as follows:
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(iii) state senator, except as otherwise provided in paragraph (c) of
this subdivision, not less than ten thousand dollars in [matchable
contributions including at least one hundred and fifty matchable
contributions in an amount greater than five dollars and no greater than
the limits in this chapter, of which the first two hundred fifty dollars
shall be counted toward this qualifying threshold] CONTRIBUTIONS FROM
RESIDENTS OF THE DISTRICT IN WHICH THE SEAT IS TO BE FILLED, INCLUDING
MATCHABLE CONTRIBUTIONS FROM AT LEAST ONE HUNDRED FIFTY UNIQUE CONTRIBU-
TORS; and
(iv) member of the assembly, except as otherwise provided in paragraph
(c) of this subdivision, not less than five thousand dollars in [matcha-
ble] contributions [including at least seventy-five matchable contrib-
utions in an amount greater than five dollars and no greater than the
limits in this chapter, of which the first two hundred fifty dollars
shall be counted toward this qualifying threshold] FROM RESIDENTS OF THE
DISTRICT IN WHICH THE SEAT IS TO BE FILLED, INCLUDING MATCHABLE CONTRIB-
UTIONS FROM AT LEAST SEVENTY-FIVE UNIQUE CONTRIBUTORS.
§ 8. Subdivision 6 of section 92-t of the state finance law, as added
by section 5 of part ZZZ of chapter 58 of the laws of 2020, is amended
to read as follows:
6. No public funds shall be paid to any participating candidates in a
primary election any earlier than [thirty days after designating
petitions or certificates of nomination have been filed] ONE HUNDRED
TWENTY DAYS BEFORE THE PRIMARY ELECTION and not later than thirty days
after such primary election.
§ 9. Paragraphs a, b, c and d of subdivision 1 of section 14-114 of
the election law, paragraphs a, b and c as amended and paragraph d as
added by section 3 of part ZZZ of chapter 58 of the laws of 2020, are
amended to read as follows:
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, NOT
participating in the state's public campaign financing system pursuant
to title two of this article and no such candidate or political commit-
tee may accept any contribution from any contributor, which is in the
aggregate amount greater than eighteen thousand dollars divided equally
among the primary and general election in an election cycle; provided
however, that the maximum amount which may be so contributed or
accepted, in the aggregate, from any candidate's child, parent, grand-
parent, brother and sister, and the spouse of any such persons, shall
not exceed in the case of any nomination to public office an amount
equivalent to the product of the number of enrolled voters in the candi-
date's party in the state, excluding voters in inactive status, multi-
plied 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.
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 NOT partic-
ipating in the state's public campaign financing system pursuant to
title two of this article and no such candidate or political committee
may accept any contribution from any contributor, which is in the aggre-
gate amount greater than 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 candidate,
excluding voters in inactive status, multiplied by $.05, and [(ii)] in
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the case of any election for a public office, the product of the total
number of registered voters in the district, excluding voters in inac-
tive status, multiplied by $.05, 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 or election
for state senator, ten thousand dollars, divided equally among the
primary and general election in an election cycle; in the case of an
election or nomination for a member of the assembly, six thousand
dollars, divided equally among the primary and general election in an
election cycle; provided however, that the maximum amount which may be
so contributed or accepted, in the aggregate, 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 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 hundred fifty
dollars, whichever is greater, or in the case of a nomination or
election of a state senator, twenty thousand dollars, whichever is
greater, or in the case of a nomination 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.
c. 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 in
connection with a candidate who is [not] a participating candidate as
defined in subdivision fourteen of section 14-200-a of this article, and
no such candidate or political committee may accept any contribution
from any contributor, which is in the aggregate amount greater than
eighteen thousand dollars, divided equally among the primary and general
election in an election cycle[; provided however, that the maximum
amount which may be so contributed or accepted, in the aggregate, 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 nomi-
nation to public office an amount equivalent to the product of the
number of enrolled voters in the candidate's party in the state, exclud-
ing voters in inactive status, multiplied by $.025, and in the case of
any election for a public office, an amount equivalent to the product of
the number of registered voters in the state, excluding voters in inac-
tive status, multiplied by $.025].
d. In any nomination or election of a candidate who is [not] a partic-
ipating candidate for state senator, ten thousand dollars, divided
equally among the primary and general election in an election cycle; in
the case of an election or nomination for a member of the assembly, six
thousand dollars, divided equally among the primary and general election
in an election cycle.
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§ 10. Section 11 of part ZZZ of chapter 58 of the laws of 2020 amend-
ing the state finance law relating to establishing the New York state
campaign finance fund, is REPEALED.
§ 11. This act shall take effect immediately; provided, however, that
sections one, two, three, four, five, six, and seven of this act shall
take effect on the same date and in the same manner as section 4 of part
ZZZ of chapter 58 of the laws of 2020, takes effect and section nine of
this act shall take effect on the same date and in the same manner as
section 3 of part ZZZ of chapter 58 of the laws of 2020, takes effect.
