A. 1957 2
4. FUND. "FUND" MEANS THE NEW YORK CLEAN ELECTION FUND ESTABLISHED
PURSUANT TO SECTION NINETY-NINE-Q OF THE STATE FINANCE LAW.
5. NONPARTICIPATING CANDIDATE. "NONPARTICIPATING CANDIDATE" MEANS A
CANDIDATE RUNNING FOR GOVERNOR, STATE COMPTROLLER, ATTORNEY GENERAL,
STATE SENATOR OR STATE ASSEMBLYMAN WHO DOES NOT CHOOSE TO PARTICIPATE IN
THE NEW YORK CLEAN ELECTION ACT AND WHO IS NOT SEEKING TO BE CERTIFIED
AS A NEW YORK CLEAN ELECTION ACT CANDIDATE PURSUANT TO SUBDIVISION FIVE
OF SECTION 18-104 OF THIS ARTICLE.
6. PARTICIPATING CANDIDATE. "PARTICIPATING CANDIDATE" MEANS A CANDI-
DATE WHO IS RUNNING FOR GOVERNOR, STATE COMPTROLLER, ATTORNEY GENERAL,
STATE SENATOR OR STATE ASSEMBLYMAN WHO IS SEEKING TO BE CERTIFIED AS A
NEW YORK CLEAN ELECTION ACT CANDIDATE PURSUANT TO SUBDIVISION FIVE OF
SECTION 18-104 OF THIS ARTICLE.
7. QUALIFYING CONTRIBUTION. "QUALIFYING CONTRIBUTION" MEANS A
DONATION:
A. OF TWENTY-FIVE DOLLARS IN THE FORM OF A CHECK OR A MONEY ORDER
PAYABLE TO THE FUND IN SUPPORT OF A CANDIDATE;
B. MADE BY A REGISTERED VOTER WITHIN THE ELECTORAL DIVISION FOR THE
OFFICE A CANDIDATE IS SEEKING;
C. MADE DURING THE DESIGNATED QUALIFYING PERIOD AND OBTAINED WITH THE
KNOWLEDGE AND APPROVAL OF THE CANDIDATE; AND
D. THAT IS ACKNOWLEDGED BY A WRITTEN RECEIPT THAT IDENTIFIES THE NAME
AND ADDRESS OF THE DONOR ON FORMS PROVIDED BY THE COMMISSION.
8. QUALIFYING PERIOD. "QUALIFYING PERIOD" MEANS THE FOLLOWING:
A. FOR A GUBERNATORIAL, STATE COMPTROLLER OR ATTORNEY GENERAL PARTIC-
IPATING CANDIDATE, THE QUALIFYING PERIOD BEGINS NOVEMBER FIRST IMME-
DIATELY PRECEDING THE ELECTION YEAR AND ENDS: (I) IN THE CASE OF PARTY
CANDIDATES, ON MAY FIFTEENTH OF THE ELECTION YEAR; AND (II) IN THE CASE
OF INDEPENDENT NOMINATIONS, ON AUGUST FIRST OF THE ELECTION YEAR.
B. FOR STATE SENATE OR STATE ASSEMBLY PARTICIPATING CANDIDATES, THE
QUALIFYING PERIOD BEGINS JANUARY FIRST OF THE ELECTION YEAR AND ENDS:
(I) IN THE CASE OF PARTY CANDIDATES, ON JULY FIRST OF THE ELECTION YEAR;
AND (II) IN THE CASE OF INDEPENDENT NOMINATIONS, ON AUGUST FIRST OF THE
ELECTION YEAR.
9. SEED MONEY CONTRIBUTION. "SEED MONEY CONTRIBUTION" MEANS A CONTRIB-
UTION OF NO MORE THAN ONE HUNDRED DOLLARS PER INDIVIDUAL MADE TO A
CANDIDATE, INCLUDING A CONTRIBUTION FROM THE CANDIDATE OR THE CANDI-
DATE'S FAMILY. TO BE ELIGIBLE FOR CERTIFICATION, A CANDIDATE MAY COLLECT
AND SPEND ONLY SEED MONEY CONTRIBUTIONS SUBSEQUENT TO BECOMING A CANDI-
DATE AND THROUGHOUT THE QUALIFYING PERIOD. A CANDIDATE MAY NOT COLLECT
OR SPEND SEED MONEY CONTRIBUTIONS AFTER CERTIFICATION AS A NEW YORK
CLEAN ELECTION ACT CANDIDATE. THE PRIMARY PURPOSE OF A SEED MONEY
CONTRIBUTION IS TO ENABLE A PARTICIPATING CANDIDATE TO COLLECT QUALIFY-
ING CONTRIBUTIONS. A SEED MONEY CONTRIBUTION MUST BE REPORTED ACCORDING
TO PROCEDURES DEVELOPED BY THE COMMISSION.
S 18-102. ALTERNATIVE CAMPAIGN FINANCING OPTION. THERE IS HEREBY
ESTABLISHED AN ALTERNATIVE CAMPAIGN FINANCING OPTION AVAILABLE TO CANDI-
DATES RUNNING FOR GOVERNOR, STATE COMPTROLLER, ATTORNEY GENERAL, STATE
SENATOR AND STATE ASSEMBLYMAN. THIS ALTERNATIVE CAMPAIGN FINANCING
OPTION IS AVAILABLE TO CANDIDATES FOR ELECTIONS TO BE HELD BEGINNING IN
THE YEAR TWO THOUSAND TEN. THE COMMISSION SHALL ADMINISTER THIS ARTICLE
AND THE FUND. CANDIDATES PARTICIPATING IN THE NEW YORK CLEAN ELECTION
ACT SHALL ALSO COMPLY WITH ALL OTHER APPLICABLE ELECTION AND CAMPAIGN
LAWS AND REGULATIONS.
S 18-104. TERMS OF PARTICIPATION. 1. DECLARATION OF INTENT. A PARTIC-
IPATING CANDIDATE SHALL FILE A DECLARATION OF INTENT TO SEEK CERTIF-
A. 1957 3
ICATION AS A NEW YORK CLEAN ELECTION ACT CANDIDATE AND TO COMPLY WITH
THE REQUIREMENTS OF THIS ARTICLE. THE DECLARATION OF INTENT SHALL BE
FILED WITH THE COMMISSION PRIOR TO OR DURING THE QUALIFYING PERIOD
ACCORDING TO FORMS AND PROCEDURES DEVELOPED BY THE COMMISSION. A PARTIC-
IPATING CANDIDATE SHALL SUBMIT A DECLARATION OF INTENT PRIOR TO COLLECT-
ING QUALIFYING CONTRIBUTIONS PURSUANT TO THIS ARTICLE.
2. RESTRICTIONS ON CONTRIBUTIONS FOR PARTICIPATING CANDIDATES. SUBSE-
QUENT TO BECOMING A CANDIDATE AND PRIOR TO CERTIFICATION, A PARTICIPAT-
ING CANDIDATE MAY NOT ACCEPT CONTRIBUTIONS, EXCEPT FOR SEED MONEY
CONTRIBUTIONS. A PARTICIPATING CANDIDATE SHALL LIMIT THE CANDIDATE'S
SEED MONEY CONTRIBUTIONS TO THE FOLLOWING AMOUNTS:
A. ONE HUNDRED THOUSAND DOLLARS FOR A GUBERNATORIAL CANDIDATE;
B. FIFTY THOUSAND DOLLARS FOR A CANDIDATE FOR THE OFFICE OF STATE
COMPTROLLER OR ATTORNEY GENERAL;
C. TEN THOUSAND DOLLARS FOR A CANDIDATE FOR THE STATE SENATE; OR
D. FIVE THOUSAND DOLLARS FOR A CANDIDATE FOR THE STATE ASSEMBLY.
THE COMMISSION MAY, BY RULE, REVISE THESE AMOUNTS TO ENSURE THE EFFEC-
TIVE IMPLEMENTATION OF THIS ARTICLE.
3. QUALIFYING CONTRIBUTIONS. PARTICIPATING CANDIDATES MUST OBTAIN
QUALIFYING CONTRIBUTIONS DURING THE QUALIFYING PERIOD AS FOLLOWS:
A. FOR A GUBERNATORIAL CANDIDATE, AT LEAST FIVE THOUSAND VERIFIED
REGISTERED VOTERS OF THE STATE SHALL SUPPORT THE CANDIDACY BY PROVIDING
A QUALIFYING CONTRIBUTION TO THAT CANDIDATE;
B. FOR A CANDIDATE FOR THE OFFICE OF STATE COMPTROLLER OR ATTORNEY
GENERAL, AT LEAST TWO THOUSAND FIVE HUNDRED VERIFIED REGISTERED VOTERS
OF THE STATE SHALL SUPPORT THE CANDIDACY BY PROVIDING A QUALIFYING
CONTRIBUTION TO THAT CANDIDATE;
C. FOR A CANDIDATE FOR THE STATE SENATE, AT LEAST TWO HUNDRED FIFTY
VERIFIED REGISTERED VOTERS FROM THE CANDIDATE'S ELECTORAL DISTRICT SHALL
SUPPORT THE CANDIDACY BY PROVIDING A QUALIFYING CONTRIBUTION TO THAT
CANDIDATE; OR
D. FOR A CANDIDATE FOR THE STATE ASSEMBLY, AT LEAST ONE HUNDRED VERI-
FIED REGISTERED VOTERS FROM THE CANDIDATE'S ELECTORAL DISTRICT SHALL
SUPPORT THE CANDIDACY BY PROVIDING A QUALIFYING CONTRIBUTION TO THAT
CANDIDATE.
A PAYMENT, GIFT OR ANYTHING OF VALUE MAY NOT BE GIVEN IN EXCHANGE FOR
A QUALIFYING CONTRIBUTION.
4. FILING WITH COMMISSION. A PARTICIPATING CANDIDATE SHALL SUBMIT
QUALIFYING CONTRIBUTIONS TO THE COMMISSION DURING THE QUALIFYING PERIOD
ACCORDING TO PROCEDURES DEVELOPED BY THE COMMISSION.
5. CERTIFICATION OF NEW YORK CLEAN ELECTION ACT CANDIDATES. UPON
RECEIPT OF A FINAL SUBMITTAL OF QUALIFYING CONTRIBUTIONS BY A PARTIC-
IPATING CANDIDATE, THE COMMISSION SHALL DETERMINE WHETHER OR NOT THE
CANDIDATE HAS:
A. SIGNED AND FILED A DECLARATION OF INTENT TO PARTICIPATE IN THIS
ARTICLE;
B. SUBMITTED THE APPROPRIATE NUMBER OF VALID QUALIFYING CONTRIBUTIONS;
C. QUALIFIED AS A CANDIDATE BY PETITION OR OTHER MEANS;
D. NOT ACCEPTED CONTRIBUTIONS, EXCEPT FOR SEED MONEY CONTRIBUTIONS,
AND OTHERWISE COMPLIED WITH SEED MONEY RESTRICTIONS; AND
E. OTHERWISE MET THE REQUIREMENTS FOR PARTICIPATING IN THIS ARTICLE.
THE COMMISSION SHALL CERTIFY A CANDIDATE COMPLYING WITH THE REQUIRE-
MENTS OF THIS SECTION AS A NEW YORK CLEAN ELECTION ACT CANDIDATE AS SOON
AS POSSIBLE AND NO LATER THAN THREE DAYS AFTER ALL REQUIREMENTS FOR
PARTICIPATION AS PROVIDED BY THIS SUBDIVISION HAVE BEEN COMPLIED WITH.
A. 1957 4
UPON CERTIFICATION, A CANDIDATE SHALL TRANSFER TO THE FUND ANY UNSPENT
SEED MONEY CONTRIBUTIONS. A CERTIFIED CANDIDATE MUST COMPLY WITH ALL
REQUIREMENTS OF THIS ARTICLE AFTER CERTIFICATION AND THROUGHOUT THE
PRIMARY AND GENERAL ELECTION PERIODS. FAILURE TO DO SO IS A VIOLATION OF
THIS ARTICLE.
6. RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES FOR CERTIFIED CANDI-
DATES. AFTER CERTIFICATION, A CANDIDATE SHALL LIMIT THE CANDIDATE'S
CAMPAIGN EXPENDITURES AND OBLIGATIONS, INCLUDING OUTSTANDING OBLI-
GATIONS, TO THE REVENUES DISTRIBUTED TO THE CANDIDATE FROM THE FUND AND
MAY NOT ACCEPT ANY CONTRIBUTIONS UNLESS SPECIFICALLY AUTHORIZED BY THE
COMMISSION. ALL REVENUES DISTRIBUTED TO CERTIFIED CANDIDATES FROM THE
FUND SHALL BE USED FOR CAMPAIGN-RELATED PURPOSES. THE COMMISSION SHALL
PUBLISH GUIDELINES OUTLINING PERMISSIBLE CAMPAIGN-RELATED EXPENDITURES.
7. TIMING OF FUND DISTRIBUTION. THE COMMISSION SHALL DISTRIBUTE TO
CERTIFIED CANDIDATES REVENUES FROM THE FUND IN AMOUNTS DETERMINED UNDER
SUBDIVISION EIGHT OF THIS SECTION IN THE FOLLOWING MANNER:
A. WITHIN THREE DAYS AFTER CERTIFICATION, REVENUES FROM THE FUND SHALL
BE DISTRIBUTED ACCORDING TO WHETHER THE CANDIDATE IS IN A CONTESTED OR
UNCONTESTED PRIMARY ELECTION.
B. WITHIN THREE DAYS AFTER THE PRIMARY ELECTION, FOR GENERAL ELECTION
CERTIFIED CANDIDATES, REVENUES FROM THE FUND SHALL BE DISTRIBUTED
ACCORDING TO WHETHER THE CANDIDATE IS IN A CONTESTED GENERAL ELECTION.
FUNDS MAY NOT BE DISTRIBUTED FOR UNCONTESTED GENERAL ELECTIONS.
FUNDS MAY BE DISTRIBUTED TO CERTIFIED CANDIDATES UNDER THIS SECTION BY
ANY MECHANISM THAT IS EXPEDITIOUS, ENSURES ACCOUNTABILITY AND SAFEGUARDS
THE INTEGRITY OF THE FUND.
8. AMOUNT OF FUND DISTRIBUTION. BY JULY FIRST, TWO THOUSAND NINE, AND
AT LEAST EVERY FOUR YEARS AFTER SUCH DATE, THE COMMISSION SHALL DETER-
MINE THE AMOUNT OF FUNDS TO BE DISTRIBUTED TO PARTICIPATING CANDIDATES
BASED ON THE TYPE OF ELECTION AND OFFICE AS FOLLOWS:
A. FOR CONTESTED PRIMARY ELECTIONS, THE AMOUNT OF REVENUES TO BE
DISTRIBUTED IS THE AVERAGE AMOUNT OF CAMPAIGN EXPENDITURES MADE BY EACH
CANDIDATE DURING ALL CONTESTED PRIMARY ELECTION RACES FOR THE IMMEDIATE-
LY PRECEDING TWO PRIMARY ELECTIONS AS REPORTED IN THE INITIAL FILING
PERIOD SUBSEQUENT TO THE PRIMARY ELECTION FOR THE RESPECTIVE OFFICES OF
GOVERNOR, STATE COMPTROLLER, ATTORNEY GENERAL, STATE SENATE AND STATE
ASSEMBLY.
B. FOR UNCONTESTED PRIMARY ELECTIONS, THE AMOUNT OF REVENUES DISTRIB-
UTED IS THE AVERAGE AMOUNT OF CAMPAIGN EXPENDITURES MADE BY EACH CANDI-
DATE DURING ALL UNCONTESTED PRIMARY ELECTION RACES, OR FOR CONTESTED
RACES IF THAT AMOUNT IS LOWER, FOR THE IMMEDIATELY PRECEDING TWO PRIMARY
ELECTIONS AS REPORTED IN THE INITIAL FILING PERIOD SUBSEQUENT TO THE
PRIMARY ELECTION FOR THE RESPECTIVE OFFICES OF GOVERNOR, STATE COMP-
TROLLER, ATTORNEY GENERAL, STATE SENATE AND STATE ASSEMBLY.
C. FOR CONTESTED GENERAL ELECTIONS, THE AMOUNT OF REVENUES DISTRIBUTED
IS THE AVERAGE AMOUNT OF CAMPAIGN EXPENDITURES MADE BY EACH CANDIDATE
DURING ALL CONTESTED GENERAL ELECTION RACES FOR THE IMMEDIATELY PRECED-
ING TWO GENERAL ELECTIONS AS REPORTED IN THE INITIAL FILING PERIOD
SUBSEQUENT TO THE GENERAL ELECTION FOR THE RESPECTIVE OFFICES OF GOVER-
NOR, STATE SENATE AND STATE ASSEMBLY.
D. REVENUES MAY NOT BE DISTRIBUTED FOR UNCONTESTED GENERAL ELECTIONS.
IF THE IMMEDIATELY PRECEDING TWO ELECTION CYCLES DO NOT CONTAIN SUFFI-
CIENT ELECTORAL DATA, THE COMMISSION SHALL USE INFORMATION FROM THE MOST
RECENT APPLICABLE ELECTIONS. FOR ONLY THE INITIAL COMPUTATIONS UNDER
PARAGRAPHS A, B AND C OF THIS SUBDIVISION THAT ARE CONDUCTED BY JULY
A. 1957 5
FIRST, TWO THOUSAND NINE, THE COMMISSION SHALL REDUCE THE AMOUNTS TO BE
DISTRIBUTED BY TWENTY-FIVE PERCENT.
9. MATCHING FUNDS. WHEN ANY CAMPAIGN, FINANCE OR ELECTION REPORT
SHOWS THAT THE SUM OF A CANDIDATE'S EXPENDITURES OR OBLIGATIONS, OR
FUNDS RAISED OR BORROWED, WHICHEVER IS GREATER, ALONE OR IN CONJUNCTION
WITH INDEPENDENT EXPENDITURES EXCEEDS THE DISTRIBUTION AMOUNT CALCULATED
PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION, THE COMMISSION SHALL
ISSUE IMMEDIATELY TO ANY OPPOSING NEW YORK CLEAN ELECTION ACT CANDIDATE
AN ADDITIONAL AMOUNT EQUIVALENT TO THE REPORTED EXCESS. MATCHING FUNDS
ARE LIMITED TO TWO TIMES THE AMOUNT ORIGINALLY DISTRIBUTED UNDER PARA-
GRAPH A OR C OF SUBDIVISION EIGHT OF THIS SECTION, WHICHEVER IS APPLICA-
BLE.
10. INDEPENDENT CANDIDATES. A CANDIDATE NOMINATED BY AN INDEPENDENT
BODY CERTIFIED AS PROVIDED BY THIS SECTION IS ELIGIBLE FOR REVENUES FROM
THE FUND IN THE SAME AMOUNTS AS AN UNCONTESTED PRIMARY ELECTION CANDI-
DATE AND A GENERAL ELECTION CANDIDATE AS SPECIFIED IN SUBDIVISIONS SEVEN
AND EIGHT OF THIS SECTION.
11. OTHER PROCEDURES. THE COMMISSION SHALL ESTABLISH BY RULE PROCE-
DURES FOR QUALIFICATION, CERTIFICATION, DISBURSEMENT OF FUND REVENUES
AND RETURN OF UNSPENT FUND REVENUES FOR RACES INVOLVING SPECIAL
ELECTIONS, RECOUNTS, VACANCIES, WITHDRAWALS OR REPLACEMENT CANDIDATES.
12. REPORTING; UNSPENT REVENUE. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, PARTICIPATING AND CERTIFIED CANDIDATES SHALL REPORT ANY MONEY
COLLECTED, ALL CAMPAIGN EXPENDITURES, OBLIGATIONS AND RELATED ACTIVITIES
TO THE COMMISSION ACCORDING TO PROCEDURES DEVELOPED BY THE COMMISSION.
UPON THE FILING OF A FINAL REPORT FOR ANY PRIMARY ELECTION IN WHICH THE
CANDIDATE WAS DEFEATED AND FOR ALL GENERAL ELECTIONS THAT CANDIDATE
SHALL RETURN ALL UNSPENT FUND REVENUES TO THE COMMISSION. IN DEVELOPING
THESE PROCEDURES, THE COMMISSION SHALL UTILIZE EXISTING CAMPAIGN REPORT-
ING PROCEDURES WHENEVER PRACTICABLE. THE COMMISSION SHALL ENSURE TIMELY
PUBLIC ACCESS TO CAMPAIGN FINANCE DATA AND MAY UTILIZE ELECTRONIC MEANS
OF REPORTING AND STORING INFORMATION.
13. DISTRIBUTIONS NOT TO EXCEED AMOUNT IN FUND. THE COMMISSION MAY
NOT DISTRIBUTE REVENUES TO CERTIFIED CANDIDATES IN EXCESS OF THE TOTAL
AMOUNT OF MONEY DEPOSITED IN THE FUND AS ESTABLISHED IN SECTION NINETY-
NINE-Q OF THE STATE FINANCE LAW. NOTWITHSTANDING ANY OTHER PROVISIONS
OF THIS ARTICLE, IF THE COMMISSION DETERMINES THAT THE REVENUES IN THE
FUND ARE INSUFFICIENT TO MEET DISTRIBUTIONS UNDER SUBDIVISION EIGHT OR
NINE OF THIS SECTION, THE COMMISSION MAY PERMIT CERTIFIED CANDIDATES TO
ACCEPT AND SPEND CONTRIBUTIONS, REDUCED BY ANY SEED MONEY CONTRIBUTIONS,
AGGREGATING NO MORE THAN FIVE HUNDRED DOLLARS PER DONOR PER ELECTION FOR
GUBERNATORIAL, STATE COMPTROLLER, ATTORNEY GENERAL CANDIDATES AND TWO
HUNDRED FIFTY DOLLARS PER DONOR PER ELECTION FOR STATE SENATE AND STATE
ASSEMBLY CANDIDATES, UP TO THE APPLICABLE AMOUNTS SET FORTH IN SUBDIVI-
SIONS EIGHT AND NINE OF THIS SECTION ACCORDING TO RULES ADOPTED BY THE
COMMISSION.
14. APPEALS. A CANDIDATE WHO HAS BEEN DENIED CERTIFICATION AS A NEW
YORK CLEAN ELECTION ACT CANDIDATE OR THE OPPONENT OF A CANDIDATE WHO HAS
BEEN GRANTED CERTIFICATION AS A NEW YORK CLEAN ELECTION ACT CANDIDATE
MAY CHALLENGE A CERTIFICATION DECISION BY THE COMMISSION AS FOLLOWS:
A. A CHALLENGER MAY APPEAL TO THE FULL COMMISSION WITHIN THREE DAYS OF
THE CERTIFICATION DECISION. THE APPEAL SHALL BE IN WRITING AND SHALL SET
FORTH THE REASONS FOR THE APPEAL.
B. WITHIN FIVE DAYS AFTER AN APPEAL IS PROPERLY MADE AND AFTER NOTICE
IS GIVEN TO THE CHALLENGER AND ANY OPPONENT, THE COMMISSION SHALL HOLD A
HEARING. THE APPELLANT HAS THE BURDEN OF PROVIDING EVIDENCE TO DEMON-
A. 1957 6
STRATE THAT THE COMMISSION DECISION WAS IMPROPER. THE COMMISSION SHALL
RULE ON THE APPEAL WITHIN THREE DAYS AFTER THE COMPLETION OF THE HEAR-
ING.
C. A CHALLENGER MAY APPEAL THE DECISION OF THE COMMISSION IN PARAGRAPH
B OF THIS SUBDIVISION BY COMMENCING AN ACTION IN SUPREME COURT.
D. A CANDIDATE WHOSE CERTIFICATION BY THE COMMISSION AS A NEW YORK
CLEAN ELECTION ACT CANDIDATE IS REVOKED ON APPEAL MUST RETURN TO THE
COMMISSION ANY UNSPENT REVENUES DISTRIBUTED FROM THE FUND. IF THE
COMMISSION OR COURT FIND THAT AN APPEAL WAS MADE FRIVOLOUSLY OR TO CAUSE
DELAY OR HARDSHIP, THE COMMISSION OR COURT MAY REQUIRE THE MOVING PARTY
TO PAY COSTS OF THE COMMISSION, COURT AND OPPOSING PARTIES, IF ANY.
S 18-106. COMMISSION TO ADOPT RULES. THE COMMISSION SHALL ADOPT RULES
TO ENSURE EFFECTIVE ADMINISTRATION OF THIS ARTICLE. SUCH RULES SHALL
INCLUDE, BUT NOT BE LIMITED TO, PROCEDURES FOR OBTAINING QUALIFYING
CONTRIBUTIONS, CERTIFICATION AS A NEW YORK CLEAN ELECTION ACT CANDIDATE,
CIRCUMSTANCES INVOLVING SPECIAL ELECTIONS, VACANCIES, RECOUNTS, WITH-
DRAWALS OR REPLACEMENTS, COLLECTION OF REVENUES FOR THE FUND, DISTRIB-
UTION OF FUND REVENUE TO CERTIFIED CANDIDATES, RETURN OF UNSPENT FUND
DISBURSEMENTS AND COMPLIANCE WITH THE NEW YORK CLEAN ELECTION ACT.
S 18-108. VIOLATIONS. 1. CIVIL PENALTY. IN ADDITION TO ANY OTHER
PENALTIES THAT MAY BE APPLICABLE, A PERSON WHO VIOLATES ANY PROVISION OF
THIS ARTICLE IS SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND
DOLLARS PER VIOLATION PAYABLE TO THE FUND. THIS PENALTY IS RECOVERABLE
IN A CIVIL ACTION. IN ADDITION TO ANY FINE, FOR GOOD CAUSE SHOWN, A
CANDIDATE FOUND IN VIOLATION OF THIS ARTICLE MAY BE REQUIRED TO RETURN
TO THE FUND ALL AMOUNTS DISTRIBUTED TO THE CANDIDATE FROM THE FUND. IF
THE COMMISSION MAKES A DETERMINATION THAT A VIOLATION OF THIS ARTICLE
HAS OCCURRED, THE COMMISSION SHALL ASSESS A FINE OR TRANSMIT THE FINDING
TO THE ATTORNEY GENERAL FOR PROSECUTION. FINES PAID UNDER THIS SECTION
SHALL BE DEPOSITED IN THE FUND. IN DETERMINING WHETHER OR NOT A CANDI-
DATE IS IN VIOLATION OF THE EXPENDITURE LIMITS OF THIS ARTICLE, THE
COMMISSION MAY CONSIDER AS A MITIGATING FACTOR ANY CIRCUMSTANCES OUT OF
THE CANDIDATE'S CONTROL.
2. CLASS E FELONY. A PERSON WHO WILLFULLY OR KNOWINGLY VIOLATES THIS
ARTICLE OR RULES OF THE COMMISSION OR WHO WILLFULLY OR KNOWINGLY MAKES A
FALSE STATEMENT IN ANY REPORT REQUIRED BY THIS ARTICLE SHALL BE GUILTY
OF A CLASS E FELONY AND, IF CERTIFIED AS A NEW YORK CLEAN ELECTION ACT
CANDIDATE, SHALL RETURN TO THE FUND ALL AMOUNTS DISTRIBUTED TO THE
CANDIDATE.
S 18-110. STUDY REPORT. ON OR BEFORE JANUARY THIRTIETH, TWO THOUSAND
TEN AND EVERY FOUR YEARS AFTER THAT DATE, THE COMMISSION SHALL PREPARE
FOR THE JOINT STANDING COMMITTEE OF THE LEGISLATURE HAVING JURISDICTION
OVER LEGAL AFFAIRS A REPORT DOCUMENTING, EVALUATING AND MAKING RECOMMEN-
DATIONS RELATING TO THE ADMINISTRATION, IMPLEMENTATION AND ENFORCEMENT
OF THE NEW YORK CLEAN ELECTION ACT AND THE NEW YORK CLEAN ELECTION FUND,
AS ESTABLISHED IN SECTION NINETY-NINE-Q OF THE STATE FINANCE LAW.
S 3. The state finance law is amended by adding a new section 99-q to
read as follows:
S 99-Q. NEW YORK CLEAN ELECTION FUND. 1. ESTABLISHED. THE NEW YORK
CLEAN ELECTION FUND IS HEREBY ESTABLISHED TO FINANCE THE ELECTION
CAMPAIGNS OF CERTIFIED NEW YORK CLEAN ELECTION ACT CANDIDATES RUNNING
FOR GOVERNOR, STATE SENATOR AND STATE ASSEMBLYMAN AND TO PAY ADMINISTRA-
TIVE AND ENFORCEMENT COSTS OF THE STATE ETHICS COMMISSION RELATED TO
ARTICLE EIGHTEEN OF THE ELECTION LAW. THE FUND IS A SPECIAL, DEDICATED
FUND AND ANY INTEREST GENERATED BY THE FUND IS CREDITED TO THE FUND. THE
STATE ETHICS COMMISSION SHALL ADMINISTER THE FUND.
A. 1957 7
2. SOURCES OF FUNDING. THE FOLLOWING SHALL BE DEPOSITED IN THE FUND:
A. THE QUALIFYING CONTRIBUTIONS REQUIRED PURSUANT TO SECTION 18-104 OF
THE ELECTION LAW WHEN THOSE CONTRIBUTIONS ARE SUBMITTED TO THE STATE
ETHICS COMMISSION;
B. TWO MILLION DOLLARS, TRANSFERRED TO THE FUND BY THE COMMISSIONER OF
TAXATION AND FINANCE ON OR BEFORE JANUARY FIRST OF EACH YEAR, BEGINNING
JANUARY FIRST, TWO THOUSAND NINE. THESE REVENUES SHALL BE OFFSET IN AN
EQUITABLE MANNER BY AN EQUIVALENT REDUCTION WITHIN THE ADMINISTRATIVE
DIVISIONS OF THE LEGISLATIVE BRANCH AND EXECUTIVE BRANCH AGENCIES;
C. REVENUE FROM A TAX CHECKOFF PROGRAM ALLOWING A RESIDENT OF THE
STATE WHO FILES A STATE INCOME TAX RETURN TO DESIGNATE THAT THREE
DOLLARS BE PAID INTO THE FUND. IF A HUSBAND AND WIFE FILE A JOINT
RETURN, EACH SPOUSE MAY DESIGNATE THAT THREE DOLLARS BE PAID. THE
COMMISSIONER OF TAXATION AND FINANCE SHALL REPORT ANNUALLY THE AMOUNTS
DESIGNATED FOR THE FUND TO THE STATE COMPTROLLER, WHO SHALL TRANSFER
THAT AMOUNT TO THE FUND;
D. SEED MONEY CONTRIBUTIONS REMAINING UNSPENT AFTER A CANDIDATE HAS
BEEN CERTIFIED AS A NEW YORK CLEAN ELECTION ACT CANDIDATE;
E. FUND REVENUES THAT WERE DISTRIBUTED TO A NEW YORK CLEAN ELECTION
ACT CANDIDATE AND THAT REMAIN UNSPENT AFTER THE CANDIDATE HAS LOST A
PRIMARY ELECTION OR AFTER ALL GENERAL ELECTIONS;
F. OTHER UNSPENT FUND REVENUES DISTRIBUTED TO ANY NEW YORK CLEAN
ELECTION ACT CANDIDATE WHO DOES NOT REMAIN A CANDIDATE THROUGHOUT A
PRIMARY OR GENERAL ELECTION CYCLE;
G. VOLUNTARY DONATIONS MADE DIRECTLY TO THE FUND; AND
H. FINES COLLECTED PURSUANT TO SECTION 18-108 OF THE ELECTION LAW.
3. DETERMINATION OF FUND AMOUNT. BY SEPTEMBER FIRST PRECEDING EACH
ELECTION YEAR, THE STATE ETHICS COMMISSION SHALL PUBLISH AN ESTIMATE OF
REVENUE IN THE FUND AVAILABLE FOR DISTRIBUTION TO CERTIFIED CANDIDATES
DURING THE UPCOMING YEAR'S ELECTIONS.
S 4. This act shall take effect immediately.