Senate Bill S6874A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6874--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 12, 2023
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Elections  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the election law and the state finance law, in relation
   to making technical corrections  regarding  the  public  financing  of
   elections;  and to repeal certain provisions of part ZZZ of chapter 58
   of the laws of 2020 amending the state finance law relating to  estab-
   lishing the New York state campaign finance fund, in relation thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 11, 13, and 19 of section 14-200-a  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. "authorized committee" means the single political committee  desig-
 nated  by  a candidate pursuant to [these recommendations] THIS TITLE to
 receive contributions and make expenditures in  support  of  the  candi-
 date's campaign for such election.
   11.  (a)  "matchable  contribution" means a contribution not less than
 five dollars and not  more  than  AN  AGGREGATE  OF  two  hundred  fifty
 dollars[, for a candidate for public office to be voted on by the voters
 of the entire state or for nomination to any such office, a contribution
 for  any  covered  elections  held in the same election cycle, made by a
 natural person who is a resident in the state of New York to  a  partic-
 ipating  candidate, and for a candidate for election to the state assem-
 bly or state senate or for nomination to any such office, a contribution
 for any covered elections held in the same election  cycle,  made  by  a
 natural  person  who  is also a resident of such state assembly or state
 senate district from which  such  candidate  is  seeking  nomination  or
 election,] PER UNIQUE CONTRIBUTOR, MADE TO A PARTICIPATING CANDIDATE FOR
 ANY  COVERED  ELECTION  HELD  IN  THE SAME ELECTION CYCLE, that has been
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03149-03-3
              

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 reported in full to the PCFB in  accordance  with  sections  14-102  and
 14-104  of  this  article by the candidate's authorized committee [and],
 has been contributed on or before the day  of  the  applicable  primary,
 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
 PUBLIC  matching  funds  by  the  PCFB may not be treated as a matchable
 contribution for any purpose.
   (b) The following contributions are not matchable:
   (i) loans;
   (ii) in-kind contributions of property, goods, or services;
   (iii) contributions in the form of the purchase price paid for an item
 with significant intrinsic and enduring value;
   (iv) transfers from a party or constituted committee;
   (v) 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.
   13. "nonparticipating candidate"  means  a  candidate  for  a  covered
 election  who  fails  to  file a written certification in the form of an
 affidavit pursuant to [these recommendation] THIS TITLE by the  applica-
 ble deadline.
   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. Paragraph (b) of subdivision 3 of section 14-201 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:
   (b) The PCFB shall review  each  disclosure  report  filed  and  shall
 inform  authorized and political committees of relevant questions it has
 concerning: (i) compliance with requirements of this title  and  of  the
 rules  issued  by  the PCFB, and (ii) qualification for receiving public
 matching funds pursuant to this title. In the  course  of  this  review,
 [it] THE PCFB shall give authorized and political committees an opportu-
 nity  to respond to and correct potential violations and give candidates
 an opportunity to address questions [it] THE PCFB has concerning [their]
 S. 6874--A                          3
 
 THE CANDIDATE'S matchable contribution claims or other issues concerning
 eligibility for receiving public matching funds pursuant to this title.
   §  3.  Paragraph  (i)  of  subdivision  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:
   (i) not have accepted contributions in amounts exceeding the  contrib-
 ution limits set forth for candidates in paragraphs [a and b] C AND D of
 subdivision  one  of  section 14-114 of this article during the election
 cycle for which the candidate seeks certification;
   (i) Provided however, that,  if  a  candidate  accepted  contributions
 exceeding  such  limits, such acceptance shall not prevent the candidate
 from being certified by the PCFB if the candidate in a reasonable  time,
 as  determined  by  rule, pays to the fund or returns to the contributor
 the portion of any contribution that exceeded  the  applicable  contrib-
 ution limit.
   (ii)  If  the candidate is unable to return such funds in a reasonable
 time, as determined by rule,  because  they  have  already  been  spent,
 acceptance  of  contributions exceeding the limits shall not prevent the
 candidate from being certified by the PCFB if the candidate  submits  an
 affidavit  agreeing to pay to the fund all portions of any contributions
 that exceeded the limit no later than thirty  days  before  the  general
 election.  If  a candidate provides the PCFB with such an affidavit, any
 disbursement of public MATCHING funds to the candidate shall be  reduced
 by  no  more than twenty-five percent until the total amount owed by the
 candidate is repaid.
   (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]  BE
 COUNTED  TOWARD the APPLICABLE threshold for [participating] ELIGIBILITY
 A CANDIDATE MUST MEET TO PARTICIPATE  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.
   (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] TITLE 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] PUBLIC MATCHING funds, may  retain
 such  contributions  and  apply  them  in  accord with this title to the
 candidate'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
 S. 6874--A                          4

 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 IN
 THE AGGREGATE 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 matchable 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 MEDIAN HOUSEHOLD INCOME IS BELOW THE AVER-
 AGE STATEWIDE MEDIAN HOUSEHOLD INCOME FOR THE THREE YEARS PRIOR  TO  THE
 ELECTION FOR WHICH THE PUBLIC FUNDS ARE SOUGHT, BASED ON THE MOST RECENT
 MEDIAN  HOUSEHOLD  INCOME  DATA PUBLISHED BY THE UNITED STATES BUREAU OF
 THE CENSUS, such minimum  dollar  threshold  for  eligibility  shall  be
 reduced  by  one-third.  [The]  IF  MEDIAN HOUSEHOLD INCOME DATA ARE NOT
 AVAILABLE FOR THE THREE YEARS PRIOR TO THE ELECTION, THE PCFB SHALL  USE
 THE  AVERAGE  OF  THE  MEDIAN HOUSEHOLD INCOME FOR THE THREE MOST RECENT
 YEARS FOR WHICH DATA ARE  AVAILABLE  TO  CALCULATE  THE  MINIMUM  DOLLAR
 THRESHOLD  REDUCTION. 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.
   § 4. Subdivisions 1, 2, and 5 of section 14-204 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:
 S. 6874--A                          5
 
   1.  In  any primary election, receipt of public funds by participating
 candidates and by their [participating] AUTHORIZED committees shall  not
 exceed:
   (a) for Governor                                             $3,500,000
   (b) for Lieutenant Governor, Attorney General or Comptroller $3,500,000
   (c) for State Senator                                        $375,000
   (d) for Member of the Assembly                               $175,000
   2.  In  any  general or special election, receipt of public funds by a
 participating candidate's authorized [committees]  COMMITTEE  shall  not
 exceed:
   (a) for Governor and Lieutenant Governor (combined)          $3,500,000
   (b) for Attorney General                                     $3,500,000
   (c) for Comptroller                                          $3,500,000
   (d) for State Senator                                        $375,000
   (e) for Member of the Assembly                               $175,000
   5.  A candidate only on the ballot in one or more primary elections in
 which the number of persons eligible to vote for party nominees in  each
 such  election  totals  fewer than one thousand shall not receive public
 funds in excess of five thousand dollars for qualified campaign expendi-
 tures in such election or elections. For the purposes of  this  section,
 the  number  of persons eligible to vote for party nominees in a primary
 election shall be as determined by the state board of elections for  the
 calendar  year  of  the  primary election. A candidate for office on the
 ballot in more than one primary for such office[,] shall be deemed,  for
 purposes of this [recommendation] TITLE, to be a single candidate.
   § 5. Subdivisions 2, 3, 4 and 6 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 14-204 OF THIS TITLE for the covered election.
   3. Timing of payment. The PCFB shall make any payment of public match-
 ing  funds to participating candidates as soon as is practicable. But in
 all cases, it shall verify eligibility for public matching funds  within
 four  days,  excluding  weekends  and  holidays, of receiving a campaign
 contribution report filed in compliance  with  section  14-104  of  this
 article.  Within  two days of determining that a candidate for a covered
 office is eligible for public matching funds, it shall authorize payment
 S. 6874--A                          6

 of the applicable PUBLIC matching funds owed to the candidate. The  PCFB
 shall  schedule at least three payment dates in the thirty days prior to
 a covered primary, general, or special election. If any of such payments
 would  require payment on a weekend or federal holiday, payment shall be
 made on the next business day.
   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.
   6.  Irregularly  scheduled  elections.   Notwithstanding   any   other
 provision  of this title, the PCFB shall promulgate rules to provide for
 the prompt issuance of public matching funds to  eligible  participating
 candidates  for qualified campaign expenditures in the case of any other
 covered election held on a day different from the day originally  sched-
 uled,  including special elections. Provided, however, in all cases, the
 PCFB shall: (a) within four days, excluding weekends  and  holidays,  of
 receiving  a  report  of  contributions  from  a candidate for a covered
 office claiming eligibility  for  public  matching  funds,  verify  that
 candidate's  eligibility  for  public matching funds; and (b) within two
 days of determining that the candidate for a covered office is  eligible
 for  public matching funds, it shall authorize payment of the applicable
 PUBLIC matching funds owed to the candidate.
   § 6. Subdivisions 1, 2, 6, and 9 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
 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]
 TITLE  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
 authority  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 contrib-
 S. 6874--A                          7
 
 utions 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  without  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.
   6.  Any  advice  provided  by  PCFB  staff  to a participating or [non
 participating] NONPARTICIPATING candidate with regard to an action shall
 be presumptive evidence that such action, if taken in reliance  on  such
 advice, should not be subject to a penalty or repayment obligation where
 such  candidate  or such candidate's committee has confirmed such advice
 in writing to such PCFB staff by registered or  certified  mail  to  the
 correct  address,  or  by  electronic  or  facsimile  transmission  with
 evidence of receipt, describing the action to be taken pursuant  to  the
 advice given and the PCFB or its staff has not responded to such written
 confirmation  within  seven  business  days  disavowing or altering such
 advice, provided that the PCFB's response  shall  be  by  registered  or
 certified  mail  to  the  correct address, or by electronic or facsimile
 transmission with evidence of receipt.
   9. The PCFB may take such other actions as are necessary and proper to
 carry out the purposes of this [recommendation] TITLE.
   § 7. Paragraphs (a) and (c) of subdivision 2 and  paragraphs  (a)  and
 (b)  of 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
 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
 S. 6874--A                          8
 
 candidate  and  the  candidate's  authorized  committee  are jointly and
 severally liable for any repayments to the PCFB.
   (c)  If  the  total  sum of contributions received and public matching
 payments from the fund received by a participating candidate and his  or
 her  authorized committee exceed the total campaign expenditures of such
 candidate and authorized committee for all covered elections held in the
 same calendar year or for a special election to  fill  a  vacancy,  such
 candidate  and  committee  shall use such surplus funds to reimburse the
 fund for payments received by such authorized committee  from  the  fund
 during  such  calendar  year or for such special election. Participating
 candidates shall make such payments not  later  than  twenty-seven  days
 after  all liabilities for the election have been paid and in any event,
 not later than the day on which the PCFB issues its final  audit  report
 for the participating candidate's authorized committee; provided, howev-
 er, that all unspent public campaign funds for a participating candidate
 shall be immediately due and payable to the PCFB upon a determination by
 the  PCFB  that  the  participant has delayed the post-election audit. A
 participating candidate may make post-election expenditures with  public
 funds only for routine activities involving nominal [cost] COSTS associ-
 ated  with  winding  up  a  campaign and responding to the post-election
 audit. Nothing in this title shall be construed to prevent  a  candidate
 or  his  or  her  authorized committee from using campaign contributions
 received from private contributors for otherwise lawful expenditures.
   (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 partic-
 ipating candidate that has qualified  to  receive  such  payment.  These
 regulations  shall include the promulgation and distribution of forms on
 which contributions and expenditures are to  be  reported,  the  periods
 during  which such reports must be filed, and the verification required.
 The PCFB shall institute procedures which will make possible payment  by
 the  fund [within four business days after receipt of the required forms
 and verifications] CONSISTENT WITH 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.
   § 8. 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] THE ALLEGATIONS AGAINST
 THEM and have an opportunity to be heard by the PCFB IN ACCORDANCE  WITH
 SUBDIVISION 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
 S. 6874--A                          9
 
 may assess penalties and it is authorized to commence a civil action  in
 court to enforce all penalties and recover money due.
   § 9. 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:
   (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 para-
 graph (c) of this subdivision,] not less than five thousand  dollars  in
 [matchable]  contributions  [including  at  least seventy-five 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 SEVENTY-FIVE UNIQUE CONTRIBUTORS.
   § 10. Subdivisions 3, 4, and 5 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, are amended to read as follows:
   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 and for administra-
 tive  expenses  related to the implementation of article fourteen of the
 election law. Moneys shall be paid out of the fund by  the  state  comp-
 troller  on  vouchers  certified  or  approved  by  the  [state board of
 elections] PUBLIC CAMPAIGN FINANCE BOARD, or its duly designated  repre-
 sentative,  in  the manner prescribed by law, not more than five working
 days after such voucher is received by the state comptroller.
   4. Notwithstanding any provision of law to the contrary,  if,  in  any
 state  fiscal  year, the state campaign finance fund lacks the amount of
 money to pay all claims vouchered by eligible candidates  and  certified
 or  approved  by  the [state board of elections] PUBLIC CAMPAIGN FINANCE
 BOARD, any such deficiency shall be paid by the state comptroller,  from
 funds  deposited  in  the  general  fund of the state not more than four
 working days after such voucher is received by the state comptroller.
   5. Commencing in two thousand twenty-five, if the [surplus] MONEYS  in
 the  fund on April first of the year after a year in which a governor is
 S. 6874--A                         10
 
 elected exceeds twenty-five percent of the disbursements from  the  fund
 over  the  previous  four  years, the excess shall revert to the general
 fund of the state.
   §  11.  Paragraphs  (a)  and (b) of subdivision 5 of section 95 of the
 state finance law, as added by section 6 of part ZZZ of  chapter  58  of
 the laws of 2020, are amended to read as follows:
   (a)  As  often  as  necessary,  the  [co-chairs  of the state board of
 elections] PUBLIC CAMPAIGN FINANCE BOARD shall certify the amount  [such
 co-chairs  have]  IT HAS determined necessary to fund estimated payments
 from the fund established by section ninety-two-t of  this  article  for
 the primary, general or special election.
   (b)  Notwithstanding  any  provision  of  this section authorizing the
 transfer of any moneys in the abandoned property  fund  to  the  general
 fund,  the comptroller, after receiving amounts sufficient to pay claims
 against the abandoned property fund, shall, based upon  a  certification
 of the [state board of elections] PUBLIC CAMPAIGN FINANCE BOARD pursuant
 to paragraph (a) of this subdivision, and at the direction of the direc-
 tor  of  the budget, transfer the requested amount from remaining avail-
 able monies in the abandoned property fund to the campaign finance  fund
 established by section ninety-two-t of this article.
   §  12.  Paragraphs a, b, c and d of subdivision 1 of section 14-114 of
 the election law, as amended by chapter 105 of the  laws  of  2023,  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, 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 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 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 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 inactive status, multiplied by $.025.
   b. In any nomination or election of a candidate NOT  participating  in
 the  state's  public  campaign financing system pursuant to title two of
 this article, no such candidate or political committee  may  accept  any
 contribution  from  any  contributor,  which  is in the aggregate amount
 greater than: (i) in the case of a  nomination  or  election  for  state
 senator,  ten  thousand  dollars,  divided equally among the primary and
 general election in an election cycle; and (ii) in the case of  a  nomi-
 nation  or  election  for  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 such candidate's  child,
 parent,  grandparent,  brother  and  sister,  and the spouse of any such
 persons, shall not exceed in  the  case  of  any  nomination  for  state
 senator  or member of the assembly an amount equivalent to the number of
 enrolled voters in the candidate's party in the district in which he  or
 she  is  a candidate, excluding voters in inactive status, multiplied by
 S. 6874--A                         11
 
 $.25 and in the case of any election for state senator or member of  the
 assembly, an amount equivalent to the number of registered voters in the
 district,  excluding  voters  in  inactive  status,  multiplied by $.25;
 provided,  however,  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  a  nomination or election for member of the assembly, six
 thousand dollars, divided equally among the primary and general election
 in an election cycle.
   § 13. 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.
   § 14. This act shall take effect immediately.