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This entry was published on 2022-11-11
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SECTION 14-208
Audits and repayments
Election (ELN) CHAPTER 17, ARTICLE 14, TITLE 2
§ 14-208. Audits and repayments. 1. Audits. (a) The PCFB shall audit
and examine all matters relating to the proper administration of this
title and shall complete all such audits no later than one and one-half
years after the election in question. This deadline shall not apply in
cases involving potential campaign-related fraud, knowing and willful
violations of this article, or criminal activity.

(b) Every participating candidate for statewide office who receives
public funds as provided in this title, and every candidate for any
other office who receives five hundred thousand dollars or greater in
public funds as provided in this title, shall be audited by the PCFB
along with all other candidates in each such race. Such audits shall be
completed within one and one-half years of the election in question.

(c) Except as provided in paragraph (b) of this subdivision, the PCFB
shall select not more than one-third of all participating candidates in
covered elections for audit through a lottery which shall be completed
within one year of the election in question. A separate lottery shall be
conducted for each office. The PCFB shall select senate and assembly
districts to be audited, auditing every candidate in each selected
district, while ensuring that the number of audited candidates within
those districts does not exceed fifty percent of all participating
candidates for the relevant office. The lottery for senate and assembly
elections shall be weighted to increase the likelihood that a district
for the relevant office is audited based on how frequently it has not
been selected for auditing during the past three election cycles. The
PCFB shall promulgate rules concerning the method of weighting the
senate and assembly lotteries, including provisions for the first three
election cycles for each office.

(d) The cost of complying with a post-election audit shall be borne by
the candidate's authorized committee using public funds, private funds,
or any combination of such funds. Candidates who run in any primary or
general election must maintain a reserve of three percent of the public
funds received to comply with the post-election audit.

(e) The PCFB shall issue to each campaign audited a final audit report
that details its findings.

2. Repayments. (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 committee shall pay to the PCFB an amount equal to
the amount of excess payments. Such committee shall first utilize the
surplus 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 erroneous 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 candidate and the candidate's authorized
committee are jointly and severally liable for any repayments to the

(b) If the PCFB determines that any portion of the payment made to a
candidate's authorized committee from the fund was used for purposes
other than qualified campaign expenditures and such expenditures were
not approved by the PCFB, it shall notify such committee of the amount
so disqualified and such committee shall pay to the PCFB an amount equal
to such disqualified amount. The candidate, the treasurer, 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,
however, 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 associated 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

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.

(b) All rules and regulations promulgated pursuant to this
recommendation shall be promulgated pursuant to the state administrative
procedure act. The PCFB's determinations pursuant to such regulations
and these recommendations shall be deemed final.