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This entry was published on 2022-11-11
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SECTION 14-207
Composition, powers, and duties of the public campaign finance board
Election (ELN) CHAPTER 17, ARTICLE 14, TITLE 2
§ 14-207. Composition, powers, and duties of the public campaign
finance board. 1. There shall be a public campaign finance board within
the state board of elections that shall be comprised of the following
commissioners: the four state board of elections commissioners and three
additional 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
political 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
political committee as defined in the election law, or a registered
lobbyist. The chair of the PCFB shall be designated by the PCFB from
among the three additional commissioners. Each of the three additional
commissioners 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 authority solely for substantial neglect of duty, gross
misconduct in office, 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 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, 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.

3. The PCFB shall develop a program for informing candidates and the
public as to the purpose and effect of the provisions of this title,
including by means of a webpage. The PCFB shall prepare in plain
language and make available educational materials, including compliance
manuals and summaries and explanations of the purposes and provisions of
this title. The PCFB shall provide compliance counseling and guidance to
candidates seeking to participate in public financing as provided for in
this title, as well as to such candidates who participate. The PCFB
shall prepare or have prepared and make available materials, including,
to the extent feasible, computer software, to facilitate the task of
compliance with the disclosure and record keeping requirements of this

4. The PCFB shall have the authority to promulgate such rules and
regulations and provide such forms as it deems necessary for the
administration of this title.

5. The PCFB shall provide an interactive, searchable computer database
that shall contain all information necessary for the proper
administration of this title, including information on contributions to
and expenditures by candidates and their authorized committees,
independent expenditures in support or opposition of candidates for
covered offices, and distributions of moneys from the fund. Such
database shall be accessible to the public on the PCFB's webpage.

6. Any advice provided by PCFB staff to a participating or non
participating 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.

7. The PCFB and its proceedings shall be subject to articles six and
seven of the public officers law.

8. Notwithstanding any other provision of law including, but not
limited to, subdivision one of section 3-104 of this chapter, the PCFB
shall have sole authority to investigate all referrals and complaints
relating to the administration of the program established hereunder and
violations of any of its provisions, and it shall have sole authority to
administer the program established in this title and to enforce such
provisions of this program except as otherwise provided in this title.

9. The PCFB may take such other actions as are necessary and proper to
carry out the purposes of this recommendation.