Legislation
SECTION 14-205
Payment of public matching funds
Election (ELN) CHAPTER 17, ARTICLE 14, TITLE 2
§ 14-205. Payment of public matching funds. 1. Determination of
eligibility. No public matching funds shall be paid to an authorized
committee unless the PCFB determines that the participating candidate
has met the eligibility requirements of this title. Payment shall not
exceed the amounts specified in subdivision two of this section, and
shall be made only in accordance with the provisions of this title. Such
payment may be made only to the participating candidate's authorized
committee. No public matching funds shall be used except as
reimbursement or payment for qualified campaign expenditures actually
and lawfully incurred or to repay loans used to pay qualified campaign
expenditures.
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 for the covered election.
(b) In any election for state senate or state assembly 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 for matchable contributions of
eligible private funds per contributor, obtained, and reported to the
PCFB herein, of: twelve dollars of public matching funds for each of the
first fifty dollars of matchable contributions; nine dollars of public
matching 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.
* 3. Timing of payment. The PCFB shall make any payment of public
matching 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 of the applicable 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.
* NB Effective until August 7, 2025
* 3. Timing of payment. (a) The PCFB shall make any payment of public
matching 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 of the applicable matching funds owed to the candidate.
(b) The PCFB shall schedule payment dates as follows: for the primary
election period, one payment no later than one week after the deadline
to accept or decline designations for the primary election, and at least
four payments prior to the primary date; for the general election
period, one payment no later than July first, at least one additional
payment in July, at least one payment in August, at least two payments
in September, at least two payments in October, at least one payment in
November, and at least one payment in December; and for any other
covered election, a minimum of three payment days within the thirty days
prior to such covered election. If any of such payments would require
payment on a weekend or federal holiday, payment shall be made on the
next business day. A certification pursuant to paragraph (d) of
subdivision one of section 14-203 of this title shall be required to
have been filed with the PCFB no later than fifteen business days prior
to the payment date on which a participating candidate is eligible to
receive public funds pursuant to this subdivision. For purposes of such
payment dates, the PCFB shall provide each candidate with a written
determination specifying the basis for any non-payment and a report of
all contributions accepted and matched with public funds.
* NB Effective August 7, 2025
* 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
maximum 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
objective standards to determine whether a candidate is competitive and
the procedures for qualifying for the payment of public funds.
* NB Effective until August 7, 2025
* 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
maximum 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. A participating candidate shall be considered
opposed by a competitive candidate when at least one of the following
conditions are met:
(a) For a covered general election only if the margin of victory was
twenty points or less in a contest involving an opposing major party
candidate in an election for public office in an area encompassing all
or part of the area that is the subject of the current election in the
last eight years preceding the election of the covered office sought.
(b) The opposing candidate has received the endorsement of a current
or former statewide elected official, or a current or former federal
elected official representing all or a portion of the area represented
by the covered office sought, or a current or former United States
senator, or in the case of a district that encompasses a portion of New
York city, a current or former citywide elected official.
(c) The opposing candidate has received three or more endorsements
from other current or former state, county, city, town, or village
elected officials who represent all or a part of the area covered by the
election.
(d) In the past ten years, the opposing candidate's spouse, domestic
partner, sibling, parent, or child holds or has held elective office in
an area encompassing all or part of the district represented by the
covered office sought.
(e) The opposing candidate has been deemed eligible to receive public
funds payment for the covered election.
(f) The general election in that district was within a twenty-point
margin within the last six years.
(g) The opposing candidate is self-funding in an amount equal to the
minimum dollar thresholds for eligibility set forth in paragraph (a) or
(c) of subdivision two of section 14-203 of this title.
(h) The opposing candidate previously held elected office.
(i) The opposing candidate has received endorsement of one or more
membership organizations with a membership of over one hundred fifty
members; provided however, that the participating candidate must provide
a description of the organization endorsing such opposing candidate and
attach any available evidence of such endorsement.
(j) Within the last eight years, the opposing candidate has received
twenty-five percent or more of the vote in an election for public office
in an area encompassing all or part of the district represented by the
covered office sought.
* NB Effective August 7, 2025
5. Electronic funds transfer. The PCFB shall, in consultation with the
office of the comptroller, promulgate rules to facilitate electronic
funds transfers directly from the campaign finance fund into an
authorized committee's bank account.
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
scheduled, 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
matching funds owed to the candidate.
eligibility. No public matching funds shall be paid to an authorized
committee unless the PCFB determines that the participating candidate
has met the eligibility requirements of this title. Payment shall not
exceed the amounts specified in subdivision two of this section, and
shall be made only in accordance with the provisions of this title. Such
payment may be made only to the participating candidate's authorized
committee. No public matching funds shall be used except as
reimbursement or payment for qualified campaign expenditures actually
and lawfully incurred or to repay loans used to pay qualified campaign
expenditures.
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 for the covered election.
(b) In any election for state senate or state assembly 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 for matchable contributions of
eligible private funds per contributor, obtained, and reported to the
PCFB herein, of: twelve dollars of public matching funds for each of the
first fifty dollars of matchable contributions; nine dollars of public
matching 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.
* 3. Timing of payment. The PCFB shall make any payment of public
matching 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 of the applicable 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.
* NB Effective until August 7, 2025
* 3. Timing of payment. (a) The PCFB shall make any payment of public
matching 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 of the applicable matching funds owed to the candidate.
(b) The PCFB shall schedule payment dates as follows: for the primary
election period, one payment no later than one week after the deadline
to accept or decline designations for the primary election, and at least
four payments prior to the primary date; for the general election
period, one payment no later than July first, at least one additional
payment in July, at least one payment in August, at least two payments
in September, at least two payments in October, at least one payment in
November, and at least one payment in December; and for any other
covered election, a minimum of three payment days within the thirty days
prior to such covered election. If any of such payments would require
payment on a weekend or federal holiday, payment shall be made on the
next business day. A certification pursuant to paragraph (d) of
subdivision one of section 14-203 of this title shall be required to
have been filed with the PCFB no later than fifteen business days prior
to the payment date on which a participating candidate is eligible to
receive public funds pursuant to this subdivision. For purposes of such
payment dates, the PCFB shall provide each candidate with a written
determination specifying the basis for any non-payment and a report of
all contributions accepted and matched with public funds.
* NB Effective August 7, 2025
* 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
maximum 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
objective standards to determine whether a candidate is competitive and
the procedures for qualifying for the payment of public funds.
* NB Effective until August 7, 2025
* 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
maximum 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. A participating candidate shall be considered
opposed by a competitive candidate when at least one of the following
conditions are met:
(a) For a covered general election only if the margin of victory was
twenty points or less in a contest involving an opposing major party
candidate in an election for public office in an area encompassing all
or part of the area that is the subject of the current election in the
last eight years preceding the election of the covered office sought.
(b) The opposing candidate has received the endorsement of a current
or former statewide elected official, or a current or former federal
elected official representing all or a portion of the area represented
by the covered office sought, or a current or former United States
senator, or in the case of a district that encompasses a portion of New
York city, a current or former citywide elected official.
(c) The opposing candidate has received three or more endorsements
from other current or former state, county, city, town, or village
elected officials who represent all or a part of the area covered by the
election.
(d) In the past ten years, the opposing candidate's spouse, domestic
partner, sibling, parent, or child holds or has held elective office in
an area encompassing all or part of the district represented by the
covered office sought.
(e) The opposing candidate has been deemed eligible to receive public
funds payment for the covered election.
(f) The general election in that district was within a twenty-point
margin within the last six years.
(g) The opposing candidate is self-funding in an amount equal to the
minimum dollar thresholds for eligibility set forth in paragraph (a) or
(c) of subdivision two of section 14-203 of this title.
(h) The opposing candidate previously held elected office.
(i) The opposing candidate has received endorsement of one or more
membership organizations with a membership of over one hundred fifty
members; provided however, that the participating candidate must provide
a description of the organization endorsing such opposing candidate and
attach any available evidence of such endorsement.
(j) Within the last eight years, the opposing candidate has received
twenty-five percent or more of the vote in an election for public office
in an area encompassing all or part of the district represented by the
covered office sought.
* NB Effective August 7, 2025
5. Electronic funds transfer. The PCFB shall, in consultation with the
office of the comptroller, promulgate rules to facilitate electronic
funds transfers directly from the campaign finance fund into an
authorized committee's bank account.
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
scheduled, 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
matching funds owed to the candidate.