|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| May 06, 2010 |
print number 8902a |
| May 06, 2010 |
amend and recommit to election law |
| Jan 20, 2010 |
committed to election law |
| Jan 06, 2010 |
ordered to third reading cal.631 returned to assembly died in senate |
| Jun 18, 2009 |
referred to rules |
| Jun 16, 2009 |
delivered to senate passed assembly ordered to third reading rules cal.394 rules report cal.394 reported reported referred to rules reference changed to ways and means reported referred to codes |
| Jun 13, 2009 |
referred to election law |
Assembly Bill A8902
2009-2010 Legislative Session
Enacts the "2010 Campaign Finance Reform Act"
download bill text pdfSponsored By
SILVER
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
Joan Millman
Ann-Margaret Carrozza
Keith L.T. Wright
Helene Weinstein
Richard Gottfried
Adriano Espaillat
Crystal Peoples-Stokes
multi-Sponsors
Marc Alessi
Michael Benedetto
Jonathan Bing
William Boyland
James F. Brennan
Richard Brodsky
Kevin Cahill
Ronald Canestrari
Joan Christensen
Barbara Clark
William Colton
Vivian Cook
Francine DelMonte
Jeffrey Dinowitz
Steven Englebright
Ginny Fields
Sandy Galef
David Gantt
Michael Gianaris
Deborah Glick
Timothy P. Gordon
Aileen Gunther
Earlene Hooper
Sam Hoyt
Rhoda Jacobs
Susan John
David Koon
Rory Lancman
George Latimer
Charles Lavine
Joseph Lentol
Barbara Lifton
Donna Lupardo
John McEneny
Joseph Morelle
Catherine Nolan
Daniel O'Donnell
Felix Ortiz
Amy Paulin
José Peralta
N. Nick Perry
Audrey Pheffer
J. Gary Pretlow
Robert Reilly
Peter Rivera
Linda Rosenthal
William Scarborough
Robert Sweeney
Harvey Weisenberg
2009-A8902 - Details
- Current Committee:
- Assembly Election Law
- Law Section:
- Election Law
- Laws Affected:
- Amd Art 14, add §§16-103 & 4-115, El L; add §92-t, St Fin L; amd §658, Tax L
2009-A8902 - Sponsor Memo
BILL NUMBER:A8902 REVISED 6/17/09
TITLE OF BILL: An act to amend the election law, in relation to
enacting the "2010 Campaign Finance Reform Act"; to amend the election
law, the state finance law and the tax law, in relation to providing
for optional partial public financing of certain election campaigns in
this state; and to amend the election law, in relation to
identification of the source of certain political communications
SUBJECT AND PURPOSE: To provide optional public financing of
campaigns for statewide offices, state legislative offices and
constitutional convention delegates
SUMMARY AND DESCRIPTION OF PROVISIONS: The bill amends Article 14 of
the election law to designate the existing law Title I and adds an
identification requirement for independent political communications, a
filing requirement for :ndependent expenditures and a requirement that
certain candidates disclose their intent to spend personal funds in a
campaign.
It also adds a new Title II to Article 14 to provide for public
financing of primary and general election campaigns for statewide
office, primary, general and special election campaigns for state
legislative office and primary and general election campaigns for
constitutional convention delegates.
TITLE I PROVISIONS
Identification of Independent Political Communications: The bill
requires all independent political communications that expressly
advocate for the election or defeat of a clearly identifies.`.
candidate or the success or defeat of a ballot proposal and cost more
than $:.000 to identify the source of the funding for such
communication
Independent Expenditures: The bill requires reporting of independent
expenditures that cost more than $1000 and expressly advocates for the
election or defeat of a clearly identified candidate or the success or
defeat of a ballot proposal. Independent expenditures that occur after
the last filing before an election must be reported within 24 hours.
Disclosure of the Intent to Use Personal Funds: Within 3 days of the
last day to file designating petitions, all candidates for statewide
office, state legislative office or constitutional convention delegate
must file a statement with the state board of elections disclosing
whether the candidate has or will contribute personal funds to his or
her committee and estimating the amount of such funds.
TITLE II PROVISIONS
Criteria for Participation:
To be eligible for public financing, a candidate for nomination or
election to a statewide office, state legislative office or as a
constitutional convention delegate must satisfy the legal requirements
for having his or her name on the ballot, elect to participate in the
public financing system, meet the threshold for eligibility and agree
to file required statements, authorize a single participating
committee;: and identify the source of all campaign material.
Eligibility Threshold:
Governor: Must collect not less than $900,000 from at least 9,000
matchable contributions made up of sums of up to $250 per individual
contributor who resides in New York state.
Lt. Governor (primary only), Attorney Gen, & Comptroller: Must collect
not less than $300,000 from at least 3,000 matchable contributions
made up of sums of up to $250 per individual contributor who resides
in New York state.
Senate: Must collect not less than $25,000 from at least 250 matchable
contributions made up of sums of up to 5250 per individual contributor
who resides in New York state including at least $12,500 from at least
125 individual contributors who reside in the senate district in which
the seat is to be filled.
Assembly: Must collect not less than $10,300 from at least 100
matchable contributions made up of sums of up to $250 per individual
contributor who resides in New York state including at least $5,000
from at least 50 individual contributors who reside in the assembly
district in which the seat is to be filled.
At-large Delegate to a Constitutional Convention: Must collect not
less than $25,000 from at least 250 matchable contributions made up of
sums of up to $250 per individual contributor who resides in New York
state.
District Delegate to a Constitutional Convention: Must collect not
less than $5,000 from at least 50 matchable contributions made up of
sums of up to $250 per individual contributor who resides in the
district in which the seat is to be filled.
Matchable Contributions: May be collected after January first of the
year of the primary or general election. For a special election, may
be collected up to six months before the election. Consist of the net
amount of contributions after deduction of the value of any food,
drink or entertainment provided in exchange for the contribution. Only
contributions from persons who reside in New York State are matchable.
The Match: Eligible contributions up to $:,50 are matched at the rate
of $4 for every $1.
Triggers: If, however, a candidate who dots not elect to receive
public funds raises, spends or contributes his or her own personal
funds in an amount greater than the expenditure limit established for
such office for candidates participating in the public financing
system, an additional grant of public funds is given to the
participating candidate.
Grants: A participating candidate may receive up to four grants
equaling 25% of the amount of public funds previously received by the
candidate as a match for matchable contributions obtained and reported
to the state board of elections. Each of the grants is added to the
original expenditure limit, effectively creating a new TRIGGER for the
next grant when the nonparticipating candidate raises, spends or
contributes his or her own personal funds in an amount greater than
the new expenditure limit.
Misc. Rules:
To receive public funds for a primary election, a participating
candidate must agree to receive public funding for the general
election.
Participating candidates who are unopposed in a primary election may
not receive public funds. Participating candidates whose opponents
don't raise or spend 10% of the expenditure limit are deemed
unopposed. Participating candidates that are unopposed may raise
private funds of up to 50% of the expenditure limit if there is a
contest in the primary for at least one other party for such office.
Such funds may only be raised with contributions of up to $2000 per
contributor.
Candidates who are challenged in a primary and who do not seek public
funds are not eligible for public funds for the general election.
Candidates who are unopposed in a general or special election may not
receive public funds.
Permissible and Prohibited Uses of Public :Funds: Public funds may be
used only for qualified campaign expenditures during the year of the
primary or general election. For a special election, such funds may
only be used in the 3 months prior to the election. They may not be
used for expenditures in violation of law, for payments to a candidate
or to a relative of the candidate (or to any business entity of which
such a person is an officer or employee or has a ten percent or
greater ownership interest), for payments in excess of fair market
value, for any expenditure after the candidate or the candidate's only
remaining opponent has been disqualified (until and unless reversed),
to challenge an opponent's petitions or certificates, for non-campaign
related food, drink or entertainment, or for gifts (except brochures,
buttons, signs and other campaign material).
Contribution Limit:
All candidates who choose to participate Ln the public financing
system have a contribution limit of $2,000 per contributor.
Expenditure Limits: The following expenditure limits apply to all
candidates who participate in the public financing system:
General Election Primary
Governor $12,000,000 $1.1 per
enrolled voter or
$600,000, whichever
is more, but not to
exceed $6,000,000
Lt. Governor --- $1.1 per
enrolled voter or
$300,000, whichever
is more, but not to
exceed $3,000,000
Attorney General & $6,000,000 Same as Lt. Governor
Comptroller
State Senator $350,000 $2.50 per enrolled
voter or $35,000,
whichever is more,
but not to exceed
$350,000
Member of Assembly $150,000 $2.50 per enrolled
voter or $15,000,
whichever is more,
but not to exceed
$150,000
At-Large Delegate $350,000 $.15 per enrolled
voter or $75,000,
whichever is more,
but not to exceed
$175,000
District Delegate $75,000 $1.10 per enrolled
voter in the
district or $5,000,
whichever is more,
but not to exceed
$50,000
Party Expenditures in Support of Participating Candidates:
Notwithstanding the expenditure limits for participating candidates,
state party committees may make the following expenditures for
services to participating candidates:
Gov. and Lt. Gov. $2,500,000
Att. Gen or Comp. $1,000,000
Senate $100,000
State Assembly $50,000
At-large Delegate $50,000
District Delegate $10,000
* Transfers to a participating candidate tray constitute up to 25% of
such party expenditures.
Tax Check-off: The bill provides an income tax check-off of $5. Such
monies would be paid into a separate fund, known as the New York State
Campaign Finance Fund. The taxpayers' tax Liability would not be
affected by making this designation. If the state campaign finance
fund lacks the money to pay all properly certified claims, the
deficiency will be paid from the general fund.
Penalties:
TITLE: I
The knowing and willful failure to identify the source of campaign
communications will subject the candidate to a civil fine equal to
$1000 or the cost of the communication, whichever is greater.
A failure to file the statements required for an independent
expenditure shall subject the person or entity to a cavil fine of
$500.
A knowing and willful failure to file the statement required regarding
the use of personal funds in a campaign shall subject the candidate to
a civil fine of up to $5000.
TITLE II
The failure to make proper campaign finance filings, as required by
Title II and rules and regulations promulgated thereunder, shall
subject the offender to a civil penalty of up to $5000.
If a participating candidate's aggregate Expenditures exceed the
expenditure limitations, the candidate is liable for a civil penalty
in an amount equal to three times the amount of the excess.
LEGISLATIVE HISTORY: A11507-a of 2008.
JUSTIFICATION: This public financing bill provides a comprehensive yet
balanced approach to the public financing of political campaigns. It
contains significant but realistic limitations on expenditures and
contribution receipts, a means for recovering public funds when they
are unspent, excessive or used for prohibited purposes, and penalties
for violations of the filing requirements or the expenditure
limitations for participants.
The hybrid "matching plus grant" structure of the program has several
advantages. It will reduce the amount of time a candidate must spend
raising money, leaving more time to address the issues that are
important to the public. The matching component allows for
participation by private citizens throughout the campaign while also
conserving resources by ensuring that only candidates who can show
substantial voter support and face opposition will be eligible to
receive public funds. The grant components containing 4 separate
triggers, allows candidates that are outspent to remain competitive
without giving a participating candidate an unnecessary windfall.
The identification requirement for independent political
communications, the filing requirement for independent expenditures
and the requirement that candidates disclose their intent to spend
personal funds in a campaign provide both participants and
non-participants with information necessary to formulate their
campaign strategy. The opportunity for party committees to make
limited expenditures in support of participating candidates provides
flexibility to both the candidates and the parties.
Overall, the bill strikes a balance that allows challengers and
incumbents to compete fairly while capping the amount of public funds
that will be expended.
FISCAL IMPLICATIONS: There will be no cost in 2009. In 2010, there
could be costs associated with participating candidates seeking
election to the office of state comptroller. There would be no cost in
2011, 2012 and 2013. In 2014, there could be costs associated with
participating candidates seeking election to a statewide office and
constitutional delegate. There will be no cost in 2015. In 2016, there
could be costs associated with participating candidates seeking
election to state legislative office. There would be no cost in 2017.
In 2018, there could be costs associated with participating candidates
seeking election to a statewide office, state legislative office and
constitutional delegate. Other states that have public financing
systems in place have had very low participation rates at first with
increasing participation in later elections. The long term cost of the
system in New York is unknown.
EFFECTIVE DATE: This act takes effect immediately; provided, however,
that candidates for state comptroller will be eligible to participate
in the public financing system beginning with the 2010 election, all
statewide candidates and constitutional delegates will be eligible to
participate in 2014 and state legislative candidates will be eligible
to participate in 2016.
2009-A8902 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8902
2009-2010 Regular Sessions
I N A S S E M B L Y
June 13, 2009
___________
Introduced by M. of A. SILVER, MILLMAN, CARROZZA, WRIGHT, WEINSTEIN,
GOTTFRIED, ESPAILLAT, PEOPLES-STOKES -- Multi-Sponsored by -- M. of A.
ALESSI, BENEDETTO, BING, BOYLAND, BRENNAN, BRODSKY, CAHILL, CANES-
TRARI, CHRISTENSEN, CLARK, COLTON, COOK, DelMONTE, DINOWITZ, ENGLE-
BRIGHT, FIELDS, GALEF, GANTT, GIANARIS, GLICK, GORDON, GUNTHER, HOOP-
ER, HOYT, JACOBS, JOHN, KOON, LANCMAN, LATIMER, LAVINE, LENTOL,
LIFTON, LUPARDO, McENENY, MORELLE, NOLAN, O'DONNELL, ORTIZ, PAULIN,
PERALTA, PERRY, PHEFFER, PRETLOW, REILLY, P. RIVERA, ROSENTHAL, SCAR-
BOROUGH, SWEENEY, WEISENBERG -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to enacting the "2010
Campaign Finance Reform Act"; to amend the election law, the state
finance law and the tax law, in relation to providing for optional
partial public financing of certain election campaigns in this state;
and to amend the election law, in relation to identification of the
source of certain political communications
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "2010 Campaign Finance Reform Act".
S 2. Legislative findings and declaration. The legislature declares
that it is in the public interest to create and ensure a truly democrat-
ic political system in which citizens, irrespective of their income,
status, or financial connections, are enabled and encouraged to compete
for public office. Therefore, the legislature finds it necessary to
establish a system of public financing for all qualified candidates for
state elective offices and constitutional convention delegates.
S 3. The article heading of article 14 of the election law is amended
to read as follows:
CAMPAIGN RECEIPTS AND EXPENDITURES; PUBLIC FINANCING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A LBD14376-03-9
A. 8902 2
S 4. Section 14-100 of the election law is amended by adding three new
subdivisions 12, 13, and 14 to read as follows:
12. "CLEARLY IDENTIFIED CANDIDATE" MEANS THAT:
(A) THE NAME OF THE CANDIDATE INVOLVED APPEARS;
(B) A PHOTOGRAPH OR DRAWING OF THE CANDIDATE APPEARS; OR
(C) THE IDENTITY OF THE CANDIDATE IS APPARENT BY UNAMBIGUOUS REFER-
ENCE.
13. "GENERAL PUBLIC AUDIENCE" MEANS AN AUDIENCE COMPOSED OF MEMBERS OF
THE PUBLIC, INCLUDING A TARGETED SUBGROUP OF MEMBERS OF THE PUBLIC;
PROVIDED, HOWEVER, IT DOES NOT MEAN AN AUDIENCE SOLELY COMPRISED OF
MEMBERS, RETIREES AND STAFF OF A LABOR ORGANIZATION OR THEIR IMMEDIATE
FAMILY MEMBERS OR AN AUDIENCE SOLELY COMPRISED OF EMPLOYEES OF A BUSI-
NESS ENTITY.
14. "LABOR ORGANIZATION" MEANS ANY ORGANIZATION OF ANY KIND WHICH
EXISTS FOR THE PURPOSE, IN WHOLE OR IN PART, OF REPRESENTING EMPLOYEES
EMPLOYED WITHIN THE STATE OF NEW YORK IN DEALING WITH EMPLOYERS OR
EMPLOYER ORGANIZATIONS OR WITH A STATE GOVERNMENT, OR ANY POLITICAL OR
CIVIL SUBDIVISION OR OTHER AGENCY THEREOF, CONCERNING TERMS AND CONDI-
TIONS OF EMPLOYMENT, GRIEVANCES, LABOR DISPUTES, OR OTHER MATTERS INCI-
DENTAL TO THE EMPLOYMENT RELATIONSHIP. FOR THE PURPOSES OF THIS ARTI-
CLE, EACH LOCAL, PARENT NATIONAL OR PARENT INTERNATIONAL ORGANIZATION OF
A STATEWIDE LABOR ORGANIZATION, AND EACH STATEWIDE FEDERATION RECEIVING
DUES FROM SUBSIDIARY LABOR ORGANIZATIONS, SHALL BE CONSIDERED A SEPARATE
LABOR ORGANIZATION.
S 5. Section 14-106 of the election law, as amended by chapter 8 of
the laws of 1978, is amended to read as follows:
S 14-106. Political [advertisements and literature] COMMUNICATION.
The statements required to be filed under the provisions of this article
next succeeding a primary, general or special election shall be accompa-
nied by a [facsimile or] copy of all BROADCAST, CABLE OR SATELLITE SCHE-
DULES AND SCRIPTS, advertisements, pamphlets, circulars, flyers,
brochures, letterheads and other printed matter purchased or produced
[and a schedule of all radio or television time, and scripts used there-
in], AND REPRODUCTIONS OF STATEMENTS OR INFORMATION CONVEYED TO FIVE
HUNDRED OR MORE MEMBERS OF A GENERAL PUBLIC AUDIENCE BY COMPUTER OR
OTHER ELECTRONIC DEVICE, purchased in connection with such election by
or under the authority of the person filing the statement or the commit-
tee or the person on whose behalf it is filed, as the case may be. Such
[facsimiles,] copies, schedules and scripts shall be preserved by the
officer with whom or the board with which it is required to be filed for
a period of one year from the date of filing thereof.
S 5-a. The election law is amended by adding a new section 14-107 to
read as follows:
S 14-107. INDEPENDENT EXPENDITURE REPORTING. 1. FOR PURPOSES OF THIS
ARTICLE:
(A) "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE BY A PERSON
FOR AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC AUDIENCE VIA
BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION TO A GENERAL
PUBLIC AUDIENCE VIA ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS,
BROCHURES, LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
MATION CONVEYED TO FIVE HUNDRED OR MORE MEMBERS OF A GENERAL PUBLIC
AUDIENCE BY COMPUTER OR OTHER ELECTRONIC DEVICES WHICH: (I) EXPRESSLY
ADVOCATES THE ELECTION OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE OR
THE SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE, THE
CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL COMMITTEE
FORMED TO PROMOTE THE SUCCESS OR DEFEAT OF A BALLOT PROPOSAL OR ITS
A. 8902 3
AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN ANY
SUCH COMMUNICATION.
(B) INDEPENDENT EXPENDITURES DO NOT INCLUDE:
(I) A COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY, OR
EDITORIAL OR DISTRIBUTED THROUGH THE FACILITIES OF ANY BROADCASTING
STATION, CABLE OR SATELLITE UNLESS SUCH PUBLICATION OR FACILITIES ARE
OWNED OR CONTROLLED BY ANY POLITICAL PARTY, POLITICAL COMMITTEE OR
CANDIDATE; OR
(II) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR
(III) A COMMUNICATION WHICH CONSTITUTES AN EXPENDITURE MADE BY AN
ENTITY REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.
(C) FOR PURPOSES OF THIS SECTION, THE TERM "PERSON" SHALL MEAN PERSON,
GROUP OF PERSONS, ENTITY, ORGANIZATION OR ASSOCIATION.
2. WHENEVER ANY PERSON MAKES AN INDEPENDENT EXPENDITURE THAT COSTS
MORE THAN ONE THOUSAND DOLLARS IN THE AGGREGATE, SUCH COMMUNICATION
SHALL CLEARLY STATE THE NAME OF THE PERSON WHO PAID FOR, OR OTHERWISE
PUBLISHED OR DISTRIBUTED, THE COMMUNICATION AND STATE, WITH RESPECT TO
COMMUNICATIONS REGARDING CANDIDATES, THAT THE COMMUNICATION IS NOT
AUTHORIZED BY ANY CANDIDATE, ANY CANDIDATE'S POLITICAL COMMITTEE OR ANY
OF ITS AGENTS. A KNOWING AND WILLFUL VIOLATION OF THE PROVISIONS OF
THIS SUBDIVISION SHALL SUBJECT THE PERSON TO A CIVIL PENALTY EQUAL TO
ONE THOUSAND DOLLARS OR THE COST OF THE COMMUNICATION, WHICHEVER IS
GREATER, IN A SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE STATE
BOARD OF ELECTIONS.
3. (A) ANY PERSON WHICH MAKES INDEPENDENT EXPENDITURES THAT COST MORE
THAN ONE THOUSAND DOLLARS IN THE AGGREGATE SHALL REPORT SUCH INDEPENDENT
EXPENDITURES TO THE STATE BOARD OF ELECTIONS ON STATEMENTS AS PROVIDED
FOR IN SECTION 14-108 OF THIS ARTICLE.
(B) ANY INDEPENDENT EXPENDITURE MADE AFTER THE CLOSE OF THE PERIOD TO
BE COVERED IN THE LAST STATEMENT FILED BEFORE ANY PRIMARY, GENERAL OR
SPECIAL ELECTION, BUT BEFORE SUCH ELECTION, SHALL BE REPORTED WITHIN
TWENTY-FOUR HOURS IN THE SAME MANNER AS PROVIDED FOR IN SUBDIVISION TWO
OF SECTION 14-108 OF THIS ARTICLE.
4. EACH SUCH STATEMENT SHALL INCLUDE:
(A) THE NAME AND ADDRESS OF THE PERSON MAKING THE STATEMENT;
(B) THE NAME AND ADDRESS OF THE PERSON MAKING THE INDEPENDENT EXPENDI-
TURE;
(C) THE NAME AND ADDRESS OF ANY PERSON OR ENTITY PROVIDING A GIFT,
LOAN, ADVANCE OR DEPOSIT OF ONE HUNDRED DOLLARS OR MORE FOR THE INDE-
PENDENT EXPENDITURE, OR THE PROVISION OF SERVICES FOR THE SAME, AND THE
DATE IT WAS GIVEN; PROVIDED, HOWEVER, THE NAME AND ADDRESS OF A MEMBER
OF A LABOR ORGANIZATION IS NOT REQUIRED FOR A GIFT, LOAN, ADVANCE OR
DEPOSIT OF ONE HUNDRED DOLLARS OR MORE TO A LABOR ORGANIZATION OR A
LABOR ORGANIZATION POLITICAL ACTION COMMITTEE;
(D) THE DOLLAR AMOUNT PAID FOR EACH INDEPENDENT EXPENDITURE, THE NAME
AND ADDRESS OF THE PERSON OR ENTITY RECEIVING THE PAYMENT, THE DATE THE
PAYMENT WAS MADE AND A DESCRIPTION OF THE INDEPENDENT EXPENDITURE; AND
(E) THE ELECTION TO WHICH THE INDEPENDENT EXPENDITURE PERTAINS AND THE
NAME OF THE CLEARLY IDENTIFIED CANDIDATE OR THE BALLOT PROPOSAL REFER-
ENCED.
5. ANY REPORT MADE PURSUANT TO THIS SECTION SHALL INCLUDE A COPY OF
ALL MATERIALS THAT PERTAIN TO THE INDEPENDENT EXPENDITURE, INCLUDING BUT
NOT LIMITED TO BROADCAST, CABLE OR SATELLITE SCHEDULE AND SCRIPTS,
ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS, BROCHURES, LETTERHEADS AND
OTHER PRINTED MATTER.
A. 8902 4
6. ANY REPORT OF A LOAN THAT IS MADE FOR AN INDEPENDENT EXPENDITURE
SHALL INCLUDE WRITTEN EVIDENCE OF THE INDEBTEDNESS.
7. EVERY STATEMENT REQUIRED TO BE FILED PURSUANT TO THIS SECTION SHALL
BE FILED BY ELECTRONIC REPORTING PROCESS OR OVERNIGHT MAIL TO THE STATE
BOARD OF ELECTIONS.
8. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE REGULATIONS WITH
RESPECT TO THE STATEMENTS REQUIRED TO BE FILED BY THIS SECTION AND SHALL
PROVIDE FORMS SUITABLE FOR SUCH STATEMENTS.
S 5-b. Section 14-112 of the election law, as amended by chapter 930
of the laws of 1981, is amended to read as follows:
S 14-112. Political committee authorization statement. 1. Any poli-
tical committee aiding or taking part in the election or nomination of
any candidate, other than by making contributions, shall file, in the
office in which the statements of such committee are to be filed pursu-
ant to this article, either a sworn verified statement by the treasurer
of such committee that the candidate has authorized the political
committee to aid or take part in his election or that the candidate has
not authorized the committee to aid or take part in his election.
2. NO LATER THAN THREE DAYS AFTER THE LAST DAY TO FILE DESIGNATING
PETITIONS, A CANDIDATE FOR STATEWIDE OFFICE, STATE LEGISLATIVE OFFICE OR
CONSTITUTIONAL CONVENTION DELEGATE SHALL FILE A STATEMENT WITH THE STATE
BOARD OF ELECTIONS STATING WHETHER THE CANDIDATE HAS OR WILL CONTRIBUTE
PERSONAL FUNDS TO HIS OR HER AUTHORIZED COMMITTEE FOR USE IN SUCH
ELECTION AND AN ESTIMATE OF THE AMOUNT OF PERSONAL FUNDS CONTRIBUTED OR
TO BE CONTRIBUTED. THE KNOWING AND WILLFUL FAILURE TO FILE THE STATE-
MENT REQUIRED BY THIS SUBDIVISION SHALL SUBJECT THE CANDIDATE TO A CIVIL
PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS IN A SPECIAL PROCEEDING OR
CIVIL ACTION BROUGHT BY THE STATE BOARD OF ELECTIONS.
S 5-c. Section 14-126 of the election law, as amended by chapter 8 of
the laws of 1978, subdivision 1 as amended by chapter 128 of the laws of
1994, subdivisions 2, 3, and 4 as redesignated by chapter 9 of the laws
of 1978, is amended to read as follows:
S 14-126. Violations; penalties. 1. Any person who fails to file a
statement required to be filed by this article shall be subject to a
civil penalty, not in excess of five hundred dollars, to be recoverable
in a special proceeding or civil action to be brought by the state board
of elections or other board of elections.
2. ANY PERSON WHO KNOWINGLY AND WILLFULLY FAILS TO IDENTIFY INDEPEND-
ENT EXPENDITURES AS REQUIRED BY SUBDIVISION TWO OF SECTION 14-107 OR
KNOWINGLY AND WILLFULLY FAILS TO FILE THE STATEMENT REQUIRED BY SUBDIVI-
SION TWO OF SECTION 14-112 SHALL BE SUBJECT TO A CIVIL PENALTY IN A
SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE STATE BOARD OF
ELECTIONS.
[2.] 3. Any person who knowingly and willfully fails to file a state-
ment required to be filed by this article within ten days after the date
provided for filing such statement or any person who knowingly and will-
fully violates any other provision of this article shall be guilty of a
misdemeanor.
[3.] 4. Any person who knowingly and willfully contributes, accepts or
aids or participates in the acceptance of a contribution in an amount
exceeding an applicable maximum specified in this article shall be guil-
ty of a misdemeanor.
[4.] 5. Any person who shall, acting on behalf of a candidate or poli-
tical committee, knowingly and willfully solicit, organize or coordinate
the formation of activities of one or more unauthorized committees, make
expenditures in connection with the nomination for election or election
A. 8902 5
of any candidate, or solicit any person to make any such expenditures,
for the purpose of evading the contribution limitations of this article,
shall be guilty of a class E felony.
S 6. Sections 14-100 through 14-130 of article 14 of the election law
are designated title 1 and a new title heading is added to read as
follows:
CAMPAIGN RECEIPTS AND EXPENDITURES
S 7. Article 14 of the election law is amended by adding a new title 2
to read as follows:
TITLE II
PUBLIC FINANCING
SECTION 14-200. DEFINITIONS.
14-202. ELIGIBILITY.
14-204. QUALIFIED CAMPAIGN EXPENDITURES.
14-206. OPTIONAL PUBLIC FINANCING.
14-208. CONTRIBUTION AND RECEIPT LIMITATIONS.
14-210. EXPENDITURE LIMITATIONS.
14-212. EXAMINATIONS AND AUDITS; REPAYMENTS.
14-214. CIVIL PENALTIES.
S 14-200. DEFINITIONS. AS USED IN THIS TITLE, UNLESS ANOTHER MEANING
IS CLEARLY INDICATED:
1. THE TERM "STATE BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
2. THE TERM "ELIGIBLE CANDIDATE" SHALL MEAN A CANDIDATE FOR NOMINATION
OR ELECTION TO ANY OF THE OFFICES OF GOVERNOR, LIEUTENANT GOVERNOR,
COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE STATE LEGISLATURE, AT-LARGE
DELEGATE TO A CONSTITUTIONAL CONVENTION OR DISTRICT DELEGATE TO A
CONSTITUTIONAL CONVENTION.
3. THE TERM "PARTICIPATING COMMITTEE" SHALL MEAN A SINGLE POLITICAL
COMMITTEE WHICH A CANDIDATE CERTIFIES IS THE COMMITTEE THAT WILL SOLELY
BE USED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM ESTABLISHED BY
THIS TITLE AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY, GENERAL
OR SPECIAL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT. A MULTI-CAN-
DIDATE COMMITTEE MAY NOT BE A PARTICIPATING COMMITTEE.
4. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE WHO IS
ELIGIBLE TO PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEM ESTAB-
LISHED BY THIS TITLE, HAS MET THE THRESHOLD FOR ELIGIBILITY AND HAS
ELECTED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM.
5. THE TERM "MATCHABLE CONTRIBUTIONS" SHALL MEAN THAT PORTION OF THE
AGGREGATE CONTRIBUTIONS MADE (A) IN THE CASE OF A PRIMARY OR GENERAL
ELECTION, AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY OR GENER-
AL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT OR (B) IN THE CASE OF A
SPECIAL ELECTION, WITHIN SIX MONTHS OF SUCH ELECTION BY NATURAL PERSONS
RESIDENT IN THE STATE OF NEW YORK TO A CANDIDATE FOR NOMINATION OR
ELECTION TO ANY OF THE OFFICES COVERED BY THE PROVISIONS OF THIS TITLE
WHICH DO NOT EXCEED TWO HUNDRED FIFTY DOLLARS, WHICH HAVE BEEN REPORTED
IN FULL BY THE CANDIDATE'S PARTICIPATING COMMITTEE TO THE STATE BOARD,
INCLUDING THE CONTRIBUTOR'S FULL NAME AND RESIDENTIAL ADDRESS. "MATCHA-
BLE CONTRIBUTIONS" SHALL BE THE NET AMOUNT OF ANY MONETARY CONTRIBUTION
REALIZED BY A CANDIDATE OR DESIGNATED COMMITTEE AFTER DEDUCTING THE
REASONABLE VALUE OF ANY GOODS OR SERVICES PROVIDED THE CONTRIBUTOR IN
CONNECTION WITH THE CONTRIBUTION, EXCEPT THAT CONTRIBUTIONS FROM ANY
PERSON WHO HAS RECEIVED A PAYMENT OR ANYTHING OF VALUE FROM SUCH COMMIT-
TEE OR FROM A PERSON WHO IS AN OFFICER, DIRECTOR OR EMPLOYEE OF, OR A
PERSON WHO HAS A TEN PERCENT OR GREATER OWNERSHIP INTEREST IN ANY ENTITY
A. 8902 6
WHICH HAS RECEIVED SUCH A PAYMENT OR THING OF VALUE SHALL NOT BE MATCHA-
BLE. A LOAN MAY NOT BE TREATED AS A MATCHABLE CONTRIBUTION.
6. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE
FOR WHICH PUBLIC FUNDS MAY BE USED.
7. THE TERM "FUND" SHALL MEAN THE NEW YORK STATE CAMPAIGN FINANCE
FUND.
8. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF TOTAL
MATCHABLE CONTRIBUTIONS THAT THE PARTICIPATING COMMITTEE OF AN OTHERWISE
ELIGIBLE CANDIDATE MUST RECEIVE, AS REQUIRED BY SECTION 14-202 OF THIS
TITLE, IN ORDER TO QUALIFY FOR OPTIONAL PUBLIC FINANCING PURSUANT TO
THIS TITLE.
9. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS IN SUBDIVI-
SION NINE OF SECTION 14-100 OF THIS ARTICLE.
S 14-202. ELIGIBILITY. 1. TO BE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING
UNDER THIS TITLE, A CANDIDATE FOR NOMINATION OR ELECTION MUST:
(A) MEET ALL THE REQUIREMENTS OF THIS CHAPTER AND OTHER PROVISIONS OF
LAW TO HAVE HIS OR HER NAME ON THE BALLOT;
(B) BE A CANDIDATE FOR STATEWIDE OFFICE, THE STATE LEGISLATURE OR
DELEGATE TO A CONSTITUTIONAL CONVENTION AT A PRIMARY, GENERAL OR SPECIAL
ELECTION AND MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION
TWO OF THIS SECTION;
(C) ELECT TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM ESTABLISHED BY
THIS TITLE NOT LATER THAN SEVEN DAYS AFTER THE LAST DAY TO FILE DESIG-
NATING PETITIONS FOR THE OFFICE SUCH CANDIDATE IS SEEKING OR, IN THE
CASE OF A SPECIAL ELECTION, NOT LATER THAN THE LAST DAY TO FILE NOMINAT-
ING CERTIFICATES FOR SUCH OFFICE;
(D) AGREE TO OBTAIN AND FURNISH TO THE STATE BOARD ANY EVIDENCE IT MAY
REASONABLY REQUEST RELATING TO HIS OR HER CAMPAIGN EXPENDITURES OR
CONTRIBUTIONS AND FURNISH SUCH OTHER PROOF OF COMPLIANCE WITH THIS TITLE
AS MAY BE REQUESTED BY THE STATE BOARD;
(E) HAVE A SINGLE AUTHORIZED POLITICAL COMMITTEE WHICH HE OR SHE
CERTIFIES AS THE PARTICIPATING COMMITTEE FOR THE PURPOSES OF THIS TITLE;
AND
(F) AGREE TO IDENTIFY ACCURATELY IN ALL CAMPAIGN MATERIALS THE PERSON
OR ENTITY THAT PAID FOR SUCH CAMPAIGN MATERIAL.
2. THE THRESHOLD FOR ELIGIBILITY FOR PUBLIC FUNDING FOR CANDIDATES IN
A PRIMARY, GENERAL OR SPECIAL ELECTION FOR THE FOLLOWING OFFICES SHALL
BE:
(A) GOVERNOR IN A PRIMARY OR GENERAL ELECTION. NOT LESS THAN NINE
HUNDRED THOUSAND DOLLARS FROM AT LEAST NINE THOUSAND MATCHABLE CONTRIB-
UTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY DOLLARS PER INDIVIDUAL
CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
(B) LIEUTENANT GOVERNOR IN A PRIMARY ELECTION AND COMPTROLLER OR
ATTORNEY GENERAL IN A PRIMARY OR GENERAL ELECTION. NOT LESS THAN THREE
HUNDRED THOUSAND DOLLARS FROM AT LEAST THREE THOUSAND MATCHABLE CONTRIB-
UTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY DOLLARS PER INDIVIDUAL
CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
(C) MEMBERS OF THE STATE SENATE IN A PRIMARY, GENERAL OR SPECIAL
ELECTION. NOT LESS THAN TWENTY-FIVE THOUSAND DOLLARS FROM AT LEAST TWO
HUNDRED FIFTY MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO
HUNDRED FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK
STATE INCLUDING AT LEAST TWELVE THOUSAND FIVE HUNDRED DOLLARS FROM AT
LEAST ONE HUNDRED TWENTY-FIVE INDIVIDUAL CONTRIBUTORS WHO RESIDE IN THE
SENATE DISTRICT IN WHICH THE SEAT IS TO BE FILLED.
(D) MEMBERS OF THE ASSEMBLY IN A PRIMARY, GENERAL OR SPECIAL ELECTION.
NOT LESS THAN TEN THOUSAND DOLLARS FROM AT LEAST ONE HUNDRED MATCHABLE
A. 8902 7
CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY DOLLARS PER
INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE INCLUDING AT LEAST
FIVE THOUSAND DOLLARS FROM AT LEAST FIFTY INDIVIDUALS WHO RESIDE IN THE
ASSEMBLY DISTRICT IN WHICH THE SEAT IS TO BE FILLED.
(E) AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION IN A PRIMARY OR
GENERAL ELECTION. NOT LESS THAN TWENTY-FIVE THOUSAND DOLLARS FROM AT
LEAST TWO HUNDRED FIFTY MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO
TWO HUNDRED FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW
YORK STATE.
(F) DISTRICT DELEGATE TO A CONSTITUTIONAL CONVENTION IN A PRIMARY OR
GENERAL ELECTION. NOT LESS THAN FIVE THOUSAND DOLLARS FROM AT LEAST
FIFTY MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY
DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN THE DISTRICT IN WHICH
THE SEAT IS TO BE FILLED.
3. IN ORDER TO BE ELIGIBLE TO RECEIVE PUBLIC FUNDS IN A PRIMARY
ELECTION A CANDIDATE MUST AGREE, THAT IN THE EVENT SUCH CANDIDATE IS A
CANDIDATE FOR SUCH OFFICE IN THE GENERAL ELECTION IN SUCH YEAR, THAT
SUCH CANDIDATE WILL BE BOUND BY THE PROVISIONS OF THIS TITLE, INCLUDING,
BUT NOT LIMITED TO, THE RECEIPT AND EXPENDITURE LIMITS OF THIS TITLE.
4. CANDIDATES WHO ARE CONTESTED IN A PRIMARY ELECTION AND WHO DO NOT
SEEK PUBLIC FUNDS SHALL NOT BE ELIGIBLE FOR PUBLIC FUNDS FOR THE GENERAL
ELECTION IN THAT YEAR. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT
APPLY TO CANDIDATES FOR THE OFFICE OF LIEUTENANT GOVERNOR.
5. CANDIDATES WHO ARE UNOPPOSED IN A GENERAL OR SPECIAL ELECTION SHALL
NOT BE ELIGIBLE TO RECEIVE PUBLIC FUNDS.
6. NO CANDIDATE FOR ELECTION TO AN OFFICE IN A PRIMARY, GENERAL OR
SPECIAL ELECTION WHO HAS ELECTED TO PARTICIPATE IN THE PUBLIC FINANCING
SYSTEM SHALL BE DEEMED OPPOSED AND RECEIVE PUBLIC FUNDS UNLESS AT LEAST
ONE OTHER CANDIDATE FOR SUCH OFFICE IN SUCH ELECTION WHO ALSO ELECTED TO
PARTICIPATE IN THE PUBLIC FINANCING SYSTEM, OR SUCH CANDIDATE'S COMMIT-
TEE, OR AT LEAST ONE OTHER CANDIDATE FOR SUCH OFFICE IN SUCH ELECTION
WHO HAS NOT ELECTED TO PARTICIPATE, OR SUCH CANDIDATE'S COMMITTEE, HAVE
EITHER SPENT, CONTRACTED OR OBLIGATED TO SPEND, OR HAVE CONTRIBUTED SUCH
CANDIDATE'S PERSONAL FUNDS TO SUCH CANDIDATE'S COMMITTEE OR HAVE
RECEIVED IN LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING TEN PERCENT OF
THE EXPENDITURE LIMIT FOR SUCH OFFICE IN SUCH ELECTION WHICH IS FIXED BY
THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT SUCH PUBLIC FUNDS.
IF ANY CANDIDATE FOR AN OFFICE AND THE COMMITTEE OF SUCH CANDIDATE
REACHES THE THRESHOLD TO QUALIFY TO RECEIVE PUBLIC FUNDS, OR SPENDS,
CONTRACTS OR OBLIGATES TO SPEND, OR CONTRIBUTES SUCH CANDIDATE'S
PERSONAL FUNDS TO SUCH CANDIDATE'S COMMITTEE OR RECEIVES IN LOANS OR
CONTRIBUTIONS, AN AMOUNT EXCEEDING TEN PERCENT OF THE EXPENDITURE LIMIT
FOR SUCH OFFICE IN SUCH ELECTION AT ANY TIME AFTER THE FILING DEADLINE
FOR THE LAST REPORT REQUIRED TO BE FILED BEFORE THE FIRST DISTRIBUTION
OF PUBLIC FUNDS FOR SUCH ELECTION, SUCH CANDIDATE OR COMMITTEE MUST
NOTIFY THE STATE BOARD OF THAT FACT WITHIN TWENTY-FOUR HOURS IN THE SAME
MANNER AS PROVIDED IN SUBDIVISION TWO OF SECTION 14-108 OF THIS ARTICLE.
S 14-204. QUALIFIED CAMPAIGN EXPENDITURES. 1. PUBLIC FUNDS PROVIDED
UNDER THE PROVISIONS OF THIS TITLE MAY ONLY BE USED FOR EXPENDITURES BY
THE PARTICIPATING COMMITTEE AUTHORIZED BY THE CANDIDATE TO MAKE EXPENDI-
TURES ON SUCH CANDIDATE'S BEHALF, TO FURTHER THE CANDIDATE'S NOMINATION
OR ELECTION AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY OR
GENERAL ELECTION IS HELD FOR THE OFFICE SOUGHT, FOR SERVICES, MATERIALS,
FACILITIES OR OTHER THINGS OF VALUE USED DURING THAT CAMPAIGN CYCLE OR,
IN THE CASE OF A SPECIAL ELECTION, FOR EXPENDITURES DURING THE PERIOD
COMMENCING THREE MONTHS BEFORE AND ENDING ONE MONTH AFTER SUCH SPECIAL
A. 8902 8
ELECTION. THE TOTAL OF ALL EXPENDITURES MADE BY THE CANDIDATE AND SUCH
CANDIDATE'S PARTICIPATING COMMITTEE, INCLUDING ALL PAYMENTS RECEIVED
FROM THE FUND, SHALL NOT EXCEED THE EXPENDITURE LIMITATIONS ESTABLISHED
IN SECTION 14-210 OF THIS TITLE, EXCEPT INSOFAR AS SUCH PAYMENTS ARE
MADE TO REPAY LOANS USED TO PAY CAMPAIGN EXPENDITURES.
2. SUCH PUBLIC FUNDS MAY NOT BE USED FOR:
(A) AN EXPENDITURE IN VIOLATION OF ANY LAW OF THE UNITED STATES OR OF
THIS STATE;
(B) PAYMENTS OR ANYTHING OF VALUE GIVEN OR MADE TO THE CANDIDATE, A
RELATIVE OF THE CANDIDATE, OR TO A BUSINESS ENTITY IN WHICH ANY SUCH
PERSON HAS A TEN PERCENT OR GREATER OWNERSHIP INTEREST OR OF WHICH ANY
SUCH PERSON IS AN OFFICER, DIRECTOR OR EMPLOYEE;
(C) PAYMENT IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES, MATERIALS,
FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
(D) ANY EXPENDITURE MADE AFTER THE PARTICIPATING CANDIDATE, OR THE
ONLY REMAINING OPPONENT OF SUCH CANDIDATE, HAS BEEN DISQUALIFIED OR HAD
SUCH CANDIDATE'S PETITIONS DECLARED INVALID BY A BOARD OF ELECTIONS OR A
COURT OF COMPETENT JURISDICTION UNTIL AND UNLESS SUCH FINDING IS
REVERSED BY A HIGHER AUTHORITY.
(E) ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION, ACCEPTANCE,
AUTHORIZATION, DECLINATION OR SUBSTITUTION;
(F) EXPENDITURE FOR NONCAMPAIGN RELATED FOOD, DRINK OR ENTERTAINMENT;
AND
(G) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER CAMPAIGN MATERI-
AL.
S 14-206. OPTIONAL PUBLIC FINANCING. 1. PARTICIPATING CANDIDATES FOR
NOMINATION OR ELECTION IN PRIMARY, GENERAL AND SPECIAL ELECTIONS MAY
OBTAIN PAYMENT TO A PARTICIPATING COMMITTEE FROM PUBLIC FUNDS FOR QUALI-
FIED CAMPAIGN EXPENDITURES. NO SUCH PUBLIC FUNDS SHALL BE PAID TO A
PARTICIPATING COMMITTEE UNTIL THE CANDIDATE HAS QUALIFIED TO APPEAR ON
THE BALLOT AND FILED A SWORN STATEMENT WITH THE STATE BOARD ELECTING TO
PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEM AND AGREEING TO
ABIDE BY THE REQUIREMENTS OF THIS TITLE. PAYMENTS SHALL NOT EXCEED THE
AMOUNTS SPECIFIED IN THIS TITLE, AND SHALL BE MADE ONLY IN ACCORDANCE
WITH THE PROVISIONS OF THIS TITLE. SUCH PAYMENTS MAY ONLY BE MADE TO A
PARTICIPATING CANDIDATE'S PARTICIPATING COMMITTEE. NO PUBLIC 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. THE PARTICIPATING COMMITTEE OF EACH PARTICIPATING CANDIDATE SHALL
BE ENTITLED TO FOUR DOLLARS IN PUBLIC FUNDS FOR EACH ONE DOLLAR OF
MATCHABLE CONTRIBUTIONS OBTAINED AND REPORTED TO THE STATE BOARD IN
ACCORDANCE WITH THE PROVISIONS OF THIS TITLE, PROVIDED, HOWEVER, SUCH
PUBLIC FUNDS SHALL ONLY BE USED FOR QUALIFIED CAMPAIGN EXPENDITURES.
3. (A) HOWEVER, IF ANY CANDIDATE IN ANY ELECTION FOR AN OFFICE FOR
WHICH PUBLIC FUNDS ARE AVAILABLE PURSUANT TO THE PROVISIONS OF THIS
TITLE, ELECTS NOT TO ACCEPT PUBLIC FUNDS AND SUCH CANDIDATE OR SUCH
CANDIDATE'S COMMITTEE EITHER SPENDS, CONTRACTS OR OBLIGATES TO SPEND, OR
CONTRIBUTES SUCH CANDIDATE'S PERSONAL FUNDS TO SUCH CANDIDATE'S COMMIT-
TEE OR RECEIVES IN LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING THE
EXPENDITURE LIMIT FOR SUCH OFFICE, AS FIXED BY THIS TITLE FOR CANDIDATES
WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, THEN (I) SUCH CANDIDATE OR
COMMITTEE MUST NOTIFY THE STATE BOARD OF THE FACT WITHIN TWENTY-FOUR
HOURS VIA THE INTERNET USING THE ELECTRONIC FILING SYSTEM ESTABLISHED BY
THE STATE BOARD, OR IF SUCH CANDIDATE DOES NOT FILE ELECTRONICALLY VIA
A. 8902 9
THE INTERNET, BY FACSIMILE OR OVERNIGHT MAIL; AND (II) THE PARTICIPATING
COMMITTEE OF EACH PARTICIPATING CANDIDATE FOR SUCH OFFICE SHALL BE ENTI-
TLED TO A GRANT OF PUBLIC FUNDS EQUAL TO TWENTY-FIVE PERCENT OF THE
TOTAL AMOUNT OF PUBLIC FUNDS RECEIVED BY THE PARTICIPATING CANDIDATE FOR
MATCHABLE CONTRIBUTIONS OBTAINED AND REPORTED TO THE STATE BOARD. SUCH
GRANT SHALL BE PAID WITHIN TWO BUSINESS DAYS AND SHALL ONLY BE USED FOR
QUALIFIED CAMPAIGN EXPENDITURES.
(B) HOWEVER, IF ANY CANDIDATE IN ANY ELECTION FOR AN OFFICE FOR WHICH
PUBLIC FUNDS ARE AVAILABLE PURSUANT TO THE PROVISIONS OF THIS TITLE,
ELECTS NOT TO ACCEPT PUBLIC FUNDS AND SUCH CANDIDATE OR SUCH CANDIDATE'S
COMMITTEE EITHER SPENDS, CONTRACTS OR OBLIGATES TO SPEND, OR CONTRIBUTES
SUCH CANDIDATE'S PERSONAL FUNDS TO SUCH CANDIDATE'S COMMITTEE OR
RECEIVES IN LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING THE TOTAL OF THE
EXPENDITURE LIMIT FOR SUCH OFFICE, AS FIXED BY THIS TITLE FOR CANDIDATES
WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, PLUS THE TWENTY-FIVE PERCENT
GRANT ALREADY RECEIVED BY THE PARTICIPATING CANDIDATE, THEN (I) SUCH
CANDIDATE OR COMMITTEE MUST NOTIFY THE STATE BOARD OF THE FACT WITHIN
TWENTY-FOUR HOURS VIA THE INTERNET USING THE ELECTRONIC FILING SYSTEM
ESTABLISHED BY THE STATE BOARD, OR IF SUCH CANDIDATE DOES NOT FILE ELEC-
TRONICALLY VIA THE INTERNET, BY FACSIMILE OR OVERNIGHT MAIL; AND (II)
THE PARTICIPATING COMMITTEE OF EACH PARTICIPATING CANDIDATE FOR SUCH
OFFICE SHALL BE ENTITLED TO AN ADDITIONAL GRANT OF PUBLIC FUNDS EQUAL TO
TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT OF PUBLIC FUNDS RECEIVED BY THE
PARTICIPATING CANDIDATE FOR MATCHABLE CONTRIBUTIONS OBTAINED AND
REPORTED TO THE STATE BOARD. SUCH GRANT SHALL BE PAID WITHIN TWO BUSI-
NESS DAYS AND SHALL ONLY BE USED FOR QUALIFIED CAMPAIGN EXPENDITURES.
(C) HOWEVER, IF ANY CANDIDATE IN ANY ELECTION FOR AN OFFICE FOR WHICH
PUBLIC FUNDS ARE AVAILABLE PURSUANT TO THE PROVISIONS OF THIS TITLE,
ELECTS NOT TO ACCEPT PUBLIC FUNDS AND SUCH CANDIDATE OR SUCH CANDIDATE'S
COMMITTEE EITHER SPENDS, CONTRACTS OR OBLIGATES TO SPEND, OR CONTRIBUTES
SUCH CANDIDATE'S PERSONAL FUNDS TO SUCH CANDIDATE'S COMMITTEE OR
RECEIVES IN LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING THE TOTAL OF THE
EXPENDITURE LIMIT FOR SUCH OFFICE, AS FIXED BY THIS TITLE FOR CANDIDATES
WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, PLUS THE FIFTY PERCENT TOTAL
AGGREGATE GRANT ALREADY RECEIVED BY THE PARTICIPATING CANDIDATE, THEN
(I) SUCH CANDIDATE OR COMMITTEE MUST NOTIFY THE STATE BOARD OF THE FACT
WITHIN TWENTY-FOUR HOURS VIA THE INTERNET USING THE ELECTRONIC FILING
SYSTEM ESTABLISHED BY THE STATE BOARD, OR IF SUCH CANDIDATE DOES NOT
FILE ELECTRONICALLY VIA THE INTERNET, BY FACSIMILE OR OVERNIGHT MAIL;
AND (II) THE PARTICIPATING COMMITTEE OF EACH PARTICIPATING CANDIDATE FOR
SUCH OFFICE SHALL BE ENTITLED TO AN ADDITIONAL GRANT OF PUBLIC FUNDS
EQUAL TO TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT OF PUBLIC FUNDS
RECEIVED BY THE PARTICIPATING CANDIDATE FOR MATCHABLE CONTRIBUTIONS
OBTAINED AND REPORTED TO THE STATE BOARD. SUCH GRANT SHALL BE PAID WITH-
IN TWO BUSINESS DAYS AND SHALL ONLY BE USED FOR QUALIFIED CAMPAIGN
EXPENDITURES.
(D) HOWEVER, IF ANY CANDIDATE IN ANY ELECTION FOR AN OFFICE FOR WHICH
PUBLIC FUNDS ARE AVAILABLE PURSUANT TO THE PROVISIONS OF THIS TITLE,
ELECTS NOT TO ACCEPT PUBLIC FUNDS AND SUCH CANDIDATE OR SUCH CANDIDATE'S
COMMITTEE EITHER SPENDS, CONTRACTS OR OBLIGATES TO SPEND, OR CONTRIBUTES
SUCH CANDIDATE'S PERSONAL FUNDS TO SUCH CANDIDATE'S COMMITTEE OR
RECEIVES IN LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING THE TOTAL OF THE
EXPENDITURE LIMIT FOR SUCH OFFICE, AS FIXED BY THIS TITLE FOR CANDIDATES
WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, PLUS THE SEVENTY-FIVE PERCENT
TOTAL AGGREGATE GRANT ALREADY RECEIVED BY THE PARTICIPATING CANDIDATE,
THEN (I) SUCH CANDIDATE OR COMMITTEE MUST NOTIFY THE STATE BOARD OF THE
A. 8902 10
FACT WITHIN TWENTY-FOUR HOURS VIA THE INTERNET USING THE ELECTRONIC
FILING SYSTEM ESTABLISHED BY THE STATE BOARD, OR IF SUCH CANDIDATE DOES
NOT FILE ELECTRONICALLY VIA THE INTERNET, BY FACSIMILE OR OVERNIGHT
MAIL; AND (II) THE PARTICIPATING COMMITTEE OF EACH PARTICIPATING CANDI-
DATE FOR SUCH OFFICE SHALL BE ENTITLED TO AN ADDITIONAL GRANT OF PUBLIC
FUNDS EQUAL TO TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT OF PUBLIC FUNDS
RECEIVED BY THE PARTICIPATING CANDIDATE FOR MATCHABLE CONTRIBUTIONS
OBTAINED AND REPORTED TO THE STATE BOARD. SUCH GRANT SHALL BE PAID WITH-
IN TWO BUSINESS DAYS AND MAY ONLY BE USED FOR QUALIFIED CAMPAIGN EXPEND-
ITURES.
4. (A) NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS
UNOPPOSED IN A PRIMARY ELECTION SHALL BE ENTITLED TO PAYMENT FROM THE
FUND FOR QUALIFIED CAMPAIGN EXPENDITURES.
(B) WHERE THERE IS A CONTEST IN SUCH PRIMARY FOR THE NOMINATION OF AT
LEAST ONE OTHER PARTY FOR SUCH OFFICE, THE PARTICIPATING COMMITTEE OF AN
UNOPPOSED PARTICIPATING CANDIDATE FOR NOMINATION MAY RAISE AND SPEND AN
AMOUNT EQUAL TO ONE-HALF THE EXPENDITURE LIMIT FOR SUCH OFFICE, AS FIXED
BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS,
WITH CONTRIBUTIONS OF UP TO TWO THOUSAND DOLLARS PER CONTRIBUTOR. SUCH
PAYMENT CAN ONLY BE EXPENDED FOR PROPERTY, SERVICES OR FACILITIES USED
ON OR BEFORE THE DATE OF SUCH PRIMARY ELECTION.
5. THE STATE BOARD SHALL PROMPTLY EXAMINE ALL REPORTS OF CONTRIBUTIONS
TO DETERMINE WHETHER, ON THEIR FACE, THEY MEET THE REQUIREMENTS FOR
MATCHABLE CONTRIBUTIONS, AND SHALL KEEP A RECORD OF SUCH CONTRIBUTIONS.
6. THE STATE BOARD SHALL PROMULGATE REGULATIONS FOR THE CERTIFICATION
OF THE AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER, FROM THE FUND ESTAB-
LISHED 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 STATE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL MAKE
POSSIBLE PAYMENT BY THE FUND WITHIN FOUR BUSINESS DAYS AFTER RECEIPT OF
THE REQUIRED FORMS AND VERIFICATIONS.
S 14-208. CONTRIBUTION AND RECEIPT LIMITATIONS. 1. IN ANY PRIMARY,
SPECIAL OR GENERAL ELECTION FOR ANY STATEWIDE OFFICE, STATE LEGISLATIVE
OFFICE OR CONSTITUTIONAL CONVENTION DELEGATE NO CONTRIBUTOR MAY MAKE A
CONTRIBUTION TO ANY PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S PARTIC-
IPATING COMMITTEE, AND NO PARTICIPATING CANDIDATE OR PARTICIPATING
COMMITTEE MAY ACCEPT ANY CONTRIBUTION FROM ANY CONTRIBUTOR WHICH, IN THE
AGGREGATE AMOUNT, IS GREATER THAN TWO THOUSAND DOLLARS.
2. (A) NOTWITHSTANDING THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED
BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, A
PARTICIPATING CANDIDATE FOR GOVERNOR OR LIEUTENANT GOVERNOR IN A PRIMARY
OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE MAY
ACCEPT FROM A STATE PARTY COMMITTEE WHICH HAS NOMINATED SUCH CANDIDATE
SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT EXCEED TWO
MILLION FIVE HUNDRED THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT
TWENTY-FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A
TRANSFER.
(B) NOTWITHSTANDING THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED BY
THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, A
PARTICIPATING CANDIDATE FOR ATTORNEY GENERAL OR COMPTROLLER IN A PRIMARY
OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE MAY
ACCEPT FROM A STATE PARTY COMMITTEE WHICH HAS NOMINATED SUCH CANDIDATE
SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT EXCEED ONE
A. 8902 11
MILLION DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE PERCENT OF SUCH
AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
(C) NOTWITHSTANDING THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED BY
THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, A
PARTICIPATING CANDIDATE FOR STATE SENATOR IN A PRIMARY, GENERAL OR
SPECIAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE MAY ACCEPT
FROM A STATE PARTY COMMITTEE WHICH HAS NOMINATED SUCH CANDIDATE SERVICES
IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT EXCEED ONE HUNDRED THOU-
SAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE PERCENT OF SUCH AMOUNT
MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
(D) NOTWITHSTANDING THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED BY
THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, A
PARTICIPATING CANDIDATE FOR MEMBER OF THE ASSEMBLY IN A PRIMARY, GENERAL
OR SPECIAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE MAY
ACCEPT FROM A STATE PARTY COMMITTEE WHICH HAS NOMINATED SUCH CANDIDATE
SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT EXCEED FIFTY
THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE PERCENT OF SUCH
AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
(E) NOTWITHSTANDING THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED BY
THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, A
PARTICIPATING CANDIDATE FOR DELEGATE AT-LARGE TO A CONSTITUTIONAL
CONVENTION IN A GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING
COMMITTEE MAY ACCEPT FROM A STATE PARTY COMMITTEE WHICH HAS NOMINATED
SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT
EXCEED FIFTY THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE
PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
(F) NOTWITHSTANDING THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED BY
THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, A
PARTICIPATING CANDIDATE FOR DISTRICT DELEGATE TO A CONSTITUTIONAL
CONVENTION IN A GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING
COMMITTEE MAY ACCEPT FROM A STATE PARTY COMMITTEE WHICH HAS NOMINATED
SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT
EXCEED TEN THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE PERCENT
OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
(G) FOR PURPOSES OF THIS SUBDIVISION, THE TERM STATE PARTY COMMITTEE
INCLUDES ANY OF ITS SUBCOMMITTEES.
3. NOTWITHSTANDING ANY EXPENDITURE LIMIT IN THIS SUBDIVISION, EACH
COUNTY COMMITTEE OF ANY PARTY WHICH NOMINATES A CANDIDATE FOR STATEWIDE
OFFICE OR STATE LEGISLATIVE OFFICE, INCLUDING WITHIN THE TERM COUNTY
COMMITTEE ANY OF ITS SUBCOMMITTEES, MAY EXPEND IN SUPPORT OF EACH SUCH
CANDIDATE FOR STATEWIDE OFFICE OF SUCH PARTY WHO HAS AGREED TO ACCEPT
PUBLIC FINANCING, AN AMOUNT WHICH SHALL NOT EXCEED THE SUM OF TWO CENTS
FOR EACH VOTER REGISTERED IN SUCH COUNTY AS DETERMINED BY THE RECORDS OF
THE APPROPRIATE BOARD OF ELECTIONS AS OF THE PRECEDING GENERAL ELECTION.
4. IN COMPUTING THE AGGREGATE AMOUNT EXPENDED FOR PURPOSES OF THIS
SECTION, EXPENDITURES MADE BY A STATE PARTY COMMITTEE OR A COUNTY
COMMITTEE IN SUPPORT OF MORE THAN ONE CANDIDATE SHALL BE ALLOCATED AMONG
SUCH CANDIDATES SUPPORTED BY THE COMMITTEE IN ACCORDANCE WITH FORMULAS
PROMULGATED BY THE STATE BOARD OR, IN THE ABSENCE OF SUCH OFFICIAL
FORMULAS, IN ACCORDANCE WITH A FORMULA BASED UPON REASONABLE STANDARDS.
THE STATEMENTS FILED BY SUCH PARTY COMMITTEE IN ACCORDANCE WITH THIS
CHAPTER SHALL SET FORTH, IN ADDITION TO THE OTHER INFORMATION REQUIRED,
THE TOTAL AMOUNT EXPENDED BY THE PARTY COMMITTEE ON BEHALF OF ALL SUCH
CANDIDATES AND THE AMOUNT ALLOCATED TO EACH CANDIDATE BY DOLLAR AMOUNT
AND PERCENTAGE. EXPENDITURES BY A PARTY FOR ACTIVITIES WHICH DO NOT
SUPPORT OR OPPOSE THE ELECTION OF ANY CANDIDATE OR CANDIDATES BY NAME OR
A. 8902 12
BY CLEAR INFERENCE SHALL NOT BE REGARDED AS EXPENDITURES ON BEHALF OF OR
IN OPPOSITION TO A CANDIDATE.
5. A PARTICIPATING CANDIDATE FOR A PUBLIC OFFICE FOR WHICH PUBLIC
FUNDS ARE AVAILABLE PURSUANT TO THIS TITLE SHALL NOT ACCEPT ANY CONTRIB-
UTIONS ANY EARLIER THAN ONE DAY AFTER THE PREVIOUS GENERAL ELECTION FOR
THE OFFICE WHICH SUCH CANDIDATE IS SEEKING, OR ANY LATER THAN THE DAY OF
THE GENERAL ELECTION FOR THE OFFICE SOUGHT, EXCEPT THAT A PARTICIPATING
CANDIDATE OR PARTICIPATING COMMITTEE WHICH HAS A DEFICIT ON THE DAY OF
THE GENERAL ELECTION MAY, AFTER SUCH DATE, ACCEPT CONTRIBUTIONS WHICH DO
NOT EXCEED THE AMOUNT OF SUCH DEFICIT AND THE EXPENSES INCURRED IN RAIS-
ING SUCH CONTRIBUTIONS OR THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED
BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS.
CONTRIBUTIONS TO A PARTICIPATING CANDIDATE OR PARTICIPATING COMMITTEE
WHICH WERE RECEIVED BEFORE JANUARY FIRST OF THE YEAR IN WHICH THE PRIMA-
RY OR GENERAL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT OR, IN THE
CASE OF A SPECIAL ELECTION RECEIVED MORE THAN SIX MONTHS BEFORE THE
SPECIAL ELECTION, MAY NOT BE EXPENDED IN ANY ELECTION FOR ANY SUCH
OFFICE.
6. EXCEPT FOR THE LIMITATIONS SPECIFICALLY SET FORTH IN THIS SECTION,
PARTICIPATING CANDIDATES SHALL BE SUBJECT TO THE PROVISIONS OF THIS
ARTICLE.
S 14-210. EXPENDITURE LIMITATIONS. THE FOLLOWING EXPENDITURE LIMITA-
TIONS APPLY TO ALL EXPENDITURES BY PARTICIPATING CANDIDATES AND THEIR
PARTICIPATING COMMITTEES RECEIVING PUBLIC FUNDS PURSUANT TO THE
PROVISIONS OF THIS TITLE:
1. (A) IN ANY PRIMARY ELECTION, EXPENDITURES BY PARTICIPATING CANDI-
DATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
(I) FOR GOVERNOR, THE SUM OF ONE DOLLAR AND TEN CENTS FOR EACH VOTER
ENROLLED IN THE CANDIDATE'S PARTY IN THE STATE; PROVIDED, HOWEVER, SUCH
SUM SHALL NOT BE LESS THAN NINE HUNDRED THOUSAND DOLLARS NOR MORE THAN
NINE MILLION DOLLARS;
(II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
OF ONE DOLLAR AND TEN CENTS FOR EACH VOTER ENROLLED IN THE CANDIDATE'S
PARTY IN THE STATE; PROVIDED, HOWEVER, SUCH SUM SHALL NOT BE LESS THAN
SIX HUNDRED THOUSAND DOLLARS NOR MORE THAN SIX MILLION DOLLARS;
(III) FOR SENATOR, THE SUM OF TWO DOLLARS AND FIFTY CENTS FOR EACH
VOTER ENROLLED IN THE CANDIDATE'S PARTY IN THE SENATE DISTRICT;
PROVIDED, HOWEVER, SUCH SUM SHALL NOT BE LESS THAN THIRTY-FIVE THOUSAND
DOLLARS NOR MORE THAN THREE HUNDRED FIFTY THOUSAND DOLLARS;
(IV) FOR MEMBER OF THE ASSEMBLY, THE SUM OF TWO DOLLARS AND FIFTY
CENTS FOR EACH VOTER ENROLLED IN THE CANDIDATE'S PARTY IN THE ASSEMBLY
DISTRICT; PROVIDED, HOWEVER, SUCH SUM SHALL NOT BE LESS THAN FIFTEEN
THOUSAND DOLLARS NOR MORE THAN ONE HUNDRED FIFTY THOUSAND DOLLARS;
(V) FOR AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION, THE SUM OF
FIFTEEN CENTS FOR EACH VOTER ENROLLED IN THE CANDIDATE'S PARTY IN THE
STATE; PROVIDED, HOWEVER, SUCH SUM SHALL NOT BE LESS THAN SEVENTY-FIVE
THOUSAND DOLLARS NOR MORE THAN ONE HUNDRED SEVENTY-FIVE THOUSAND
DOLLARS;
(VI) FOR DISTRICT DELEGATES TO A CONSTITUTIONAL CONVENTION, THE SUM OF
ONE DOLLAR AND TEN CENTS FOR EACH VOTER ENROLLED IN THE CANDIDATE'S
PARTY IN THE DISTRICT; PROVIDED, HOWEVER, SUCH SUM SHALL NOT BE LESS
THAN FIVE THOUSAND DOLLARS NOR MORE THAN FIFTY THOUSAND DOLLARS;
(B) THE ENROLLMENT NUMBERS USED TO CALCULATE THE EXPENDITURE LIMITS
PROVIDED FOR IN THIS SUBDIVISION SHALL BE THE ENROLLMENTS DULY REPORTED
BY THE APPROPRIATE BOARD OR BOARDS OF ELECTION AS OF THE LAST GENERAL
ELECTION PRECEDING THE PRIMARY ELECTION.
A. 8902 13
2. IN ANY GENERAL OR SPECIAL ELECTION, EXPENDITURES BY PARTICIPATING
CANDIDATES FOR THE FOLLOWING OFFICES AND BY THEIR PARTICIPATING COMMIT-
TEES SHALL NOT EXCEED THE FOLLOWING AMOUNTS:
CANDIDATES FOR ELECTION TO THE OFFICE OF:
GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED) $12,000,000
ATTORNEY GENERAL $8,000,000
COMPTROLLER $8,000,000
MEMBER OF SENATE $350,000
MEMBER OF ASSEMBLY $150,000
DELEGATE AT-LARGE TO A CONSTITUTIONAL CONVENTION $350,000
DISTRICT DELEGATE TO A CONSTITUTIONAL CONVENTION $75,000
3. PARTICIPATING CANDIDATES FOR OFFICE WHO ARE UNOPPOSED IN THE PRIMA-
RY ELECTION MAY EXPEND BEFORE THE PRIMARY ELECTION, FOR SERVICES, MATE-
RIALS OR FACILITIES USED ON OR BEFORE THE DATE OF SUCH PRIMARY ELECTION,
AN AMOUNT EQUAL TO HALF THE SUM SUCH CANDIDATES WOULD BE ENTITLED TO
SPEND IF THEIR NOMINATION WAS CONTESTED IN SUCH PRIMARY ELECTION
PROVIDED THERE IS A PRIMARY CONTEST FOR THE NOMINATION OF AT LEAST ONE
OTHER PARTY FOR SUCH OFFICE.
4. EXPENDITURES FOR LEGAL FEES AND REASONABLE EXPENSES TO DEFEND THE
VALIDITY OF PETITIONS OF DESIGNATION OR NOMINATION OR CERTIFICATES OF
NOMINATION, ACCEPTANCE, AUTHORIZATION, DECLINATION OR SUBSTITUTION, OR
TO SUCCESSFULLY CHALLENGE ANY SUCH PETITION OR CERTIFICATE ON GROUNDS OF
FRAUD, OR FOR EXPENSES INCURRED TO COMPLY WITH THE CAMPAIGN FINANCE
REPORTING REQUIREMENTS OF THIS ARTICLE, SHALL NOT BE SUBJECT TO THE
EXPENDITURE LIMITS OF THIS SUBDIVISION.
S 14-212. EXAMINATIONS AND AUDITS; REPAYMENTS. 1. THE STATE BOARD
SHALL CONDUCT A THOROUGH EXAMINATION AND AUDIT OF THE CONTRIBUTIONS AND
QUALIFIED CAMPAIGN EXPENSES OF THE PARTICIPATING COMMITTEE OF EVERY
PARTICIPATING CANDIDATE WHO RECEIVED PAYMENTS PURSUANT TO SECTION 14-206
OF THIS TITLE.
2. (A) IF THE STATE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT
MADE TO A PARTICIPATING COMMITTEE FROM THE FUND WAS IN EXCESS OF THE
AGGREGATE AMOUNT OF PAYMENTS TO WHICH SUCH ELIGIBLE CANDIDATE WAS ENTI-
TLED PURSUANT TO SECTION 14-206 OF THIS TITLE, IT SHALL NOTIFY SUCH
COMMITTEE OF THE EXCESS AMOUNT AND SUCH COMMITTEE SHALL PAY TO THE STATE
BOARD AN AMOUNT EQUAL TO THE AMOUNT OF EXCESS PAYMENTS.
(B) IF THE STATE BOARD DETERMINES THAT ANY AMOUNT OF PAYMENT MADE TO A
PARTICIPATING COMMITTEE FROM THE FUND WAS USED FOR PURPOSES OTHER THAN
TO DEFRAY QUALIFIED CAMPAIGN EXPENSES, IT SHALL NOTIFY SUCH PARTICIPAT-
ING COMMITTEE OF THE AMOUNT DISQUALIFIED AND SUCH PARTICIPATING COMMIT-
TEE SHALL PAY TO THE STATE BOARD AN AMOUNT EQUAL TO SUCH DISQUALIFIED
AMOUNT.
(C) IF THE TOTAL OF CONTRIBUTIONS AND PAYMENTS FROM THE FUND RECEIVED
BY ANY PARTICIPATING CANDIDATE AND SUCH CANDIDATE'S PARTICIPATING
COMMITTEE, EXCEEDS THE CAMPAIGN EXPENDITURES OF SUCH CANDIDATE AND
COMMITTEE, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS FUNDS TO
REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH COMMITTEE FROM THE FUND
NOT LATER THAN TEN DAYS AFTER ALL PERMISSIBLE LIABILITIES HAVE BEEN PAID
AND IN ANY EVENT, NOT LATER THAN MARCH THIRTY-FIRST OF THE YEAR FOLLOW-
ING THE YEAR OF THE ELECTION FOR WHICH SUCH PAYMENTS WERE INTENDED. NO
SUCH EXCESS FUNDS SHALL BE USED FOR ANY OTHER PURPOSE.
3. IF A COURT OF COMPETENT JURISDICTION DISQUALIFIES A CANDIDATE WHOSE
PARTICIPATING COMMITTEE HAS RECEIVED PUBLIC FUNDS ON THE GROUNDS THAT
SUCH CANDIDATE COMMITTED FRAUDULENT ACTS IN ORDER TO OBTAIN A PLACE ON
THE BALLOT AND SUCH DECISION IS NOT REVERSED BY A HIGHER COURT, SUCH
CANDIDATE AND SUCH CANDIDATE'S PARTICIPATING COMMITTEE SHALL PAY TO THE
A. 8902 14
STATE BOARD AN AMOUNT EQUAL TO THE TOTAL OF PUBLIC FUNDS RECEIVED BY
SUCH PARTICIPATING COMMITTEE.
4. THE STATE BOARD MUST PROVIDE WRITTEN NOTICE OF ALL PAYMENTS DUE
FROM A PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE TO THE
STATE BOARD AND PROVIDE AN OPPORTUNITY FOR THE CANDIDATE OR COMMITTEE TO
REBUT, IN WHOLE OR IN PART, THE ALLEGED AMOUNT DUE. UPON A FINAL WRITTEN
DETERMINATION BY THE STATE BOARD, THE AMOUNT DUE SHALL BE PAID TO THE
STATE BOARD WITHIN THIRTY DAYS OF SUCH DETERMINATION.
5. ALL PAYMENTS RECEIVED BY THE STATE BOARD PURSUANT TO THIS SECTION
SHALL BE DEPOSITED IN THE NEW YORK STATE CAMPAIGN FINANCE FUND ESTAB-
LISHED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
S 14-214. CIVIL PENALTIES. 1. ANY PERSON WHO FAILS TO FILE A STATEMENT
OR RECORD REQUIRED TO BE FILED BY THIS TITLE OR THE RULES OR REGULATIONS
OF THE STATE BOARD IN IMPLEMENTATION THEREOF SHALL BE SUBJECT TO A CIVIL
PENALTY, NOT IN EXCESS OF FIVE THOUSAND DOLLARS, TO BE RECOVERABLE IN A
SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE STATE BOARD.
2. IF THE AGGREGATE AMOUNT OF EXPENDITURES BY A PARTICIPATING CANDI-
DATE AND SUCH CANDIDATE'S PARTICIPATING COMMITTEE EXCEEDS THE EXPENDI-
TURE LIMITATIONS CONTAINED IN THIS TITLE SUCH PARTICIPATING CANDIDATE
SHALL BE LIABLE FOR A CIVIL PENALTY IN AN AMOUNT EQUAL TO THREE TIMES
THE SUM BY WHICH SUCH EXPENDITURES EXCEED THE PERMITTED AMOUNT, TO BE
RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE STATE
BOARD.
3. ALL PAYMENTS RECEIVED BY THE STATE BOARD PURSUANT TO THIS SECTION
SHALL BE DEPOSITED IN THE NEW YORK STATE CAMPAIGN FINANCE FUND ESTAB-
LISHED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
S 8. The election law is amended by adding a new section 16-103 to
read as follows:
S 16-103. PROCEEDINGS AS TO PUBLIC FINANCING. 1. THE DETERMINATION OF
ELIGIBILITY PURSUANT TO SECTION 14-202 OF THIS CHAPTER AND ANY QUESTION
OR ISSUE RELATING TO PAYMENTS FOR QUALIFIED CAMPAIGN EXPENDITURES PURSU-
ANT TO SECTION 14-206 OF THIS CHAPTER MAY BE CONTESTED IN A PROCEEDING
INSTITUTED IN THE SUPREME COURT, ALBANY COUNTY, BY ANY AGGRIEVED CANDI-
DATE.
2. A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY OR
PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO SECTION 14-206
OF THIS CHAPTER SHALL BE INSTITUTED WITHIN SEVEN DAYS AFTER SUCH DETER-
MINATION WAS MADE. THE STATE BOARD SHALL BE MADE A PARTY TO ANY SUCH
PROCEEDING.
3. UPON THE STATE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE FROM A
PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE AFTER THE ISSUANCE
OF WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED BY SUBDIVISION FOUR OF
SECTION 14-212 OF THIS CHAPTER, THE STATE BOARD IS AUTHORIZED TO INSTI-
TUTE A SPECIAL PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY COUN-
TY, TO OBTAIN A JUDGMENT FOR ANY AMOUNTS DETERMINED TO BE PAYABLE TO THE
STATE BOARD AS A RESULT OF AN EXAMINATION AND AUDIT MADE PURSUANT TO
TITLE II OF ARTICLE FOURTEEN OF THIS CHAPTER.
4. THE STATE BOARD IS AUTHORIZED TO INSTITUTE A SPECIAL PROCEEDING OR
CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A JUDGMENT FOR
CIVIL PENALTIES DETERMINED TO BE PAYABLE TO THE STATE BOARD PURSUANT TO
SECTION 14-214 OF THIS CHAPTER.
S 9. The election law is amended by adding a new section 4-115 to read
as follows:
S 4-115. NOTICE TO THE STATE BOARD OF ELECTIONS OF CANDIDATES FOR THE
LEGISLATURE. 1. EACH BOARD OF ELECTIONS WITH WHICH PETITIONS ARE FILED
FOR MEMBER OF THE STATE LEGISLATURE SHALL, NOT LATER THAN ONE WEEK AFTER
A. 8902 15
THE LAST DAY TO FILE SUCH PETITIONS, SEND NOTICE TO THE STATE BOARD OF
ELECTIONS OF SUCH INFORMATION ABOUT EACH SUCH PETITION AS THE STATE
BOARD SHALL REQUIRE.
2. EACH SUCH COUNTY BOARD OF ELECTIONS SHALL, NOT LATER THAN THE DAY
AFTER THE LAST DAY TO FILE A PETITION OR CERTIFICATE OF NOMINATION FOR A
GENERAL OR SPECIAL ELECTION OR A CERTIFICATE OF ACCEPTANCE, DECLINATION
OR SUBSTITUTION FOR A GENERAL, PRIMARY OR SPECIAL ELECTION FOR ANY SUCH
OFFICE, SEND TO THE STATE BOARD OF ELECTIONS SUCH INFORMATION ABOUT EACH
SUCH PETITION OR CERTIFICATE AS THE STATE BOARD SHALL REQUIRE.
3. IF ANY SUCH COUNTY BOARD OF ELECTIONS SHOULD DISQUALIFY ANY SUCH
CANDIDATE OR RULE THE PETITION OR CERTIFICATE DESIGNATING OR NOMINATING
ANY SUCH CANDIDATE INVALID, IT SHALL FORTHWITH NOTIFY THE STATE BOARD OF
ELECTIONS OF SUCH DECISION.
4. IF ANY SUCH COUNTY BOARD OF ELECTIONS SHALL BE NOTIFIED OF A DECI-
SION OF A COURT OF COMPETENT JURISDICTION DISQUALIFYING ANY SUCH CANDI-
DATE OR DECLARING ANY SUCH PETITION INVALID OR REVERSING ANY SUCH DECI-
SION BY SUCH BOARD OF ELECTIONS OR ANOTHER COURT, SUCH BOARD OF
ELECTIONS SHALL FORTHWITH NOTIFY THE STATE BOARD OF ELECTIONS OF SUCH
DECISION.
5. THE STATE BOARD OF ELECTIONS MAY PRESCRIBE FORMS FOR THE NOTICES
REQUIRED BY THIS SECTION AND SHALL PRESCRIBE THE MANNER IN WHICH SUCH
NOTICES SHALL BE GIVEN.
S 10. The state finance law is amended by adding a new section 92-t to
read as follows:
S 92-T. NEW YORK STATE CAMPAIGN FINANCE FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW YORK
STATE CAMPAIGN FINANCE FUND.
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE NEW YORK
STATE CAMPAIGN FINANCE FUND CHECK-OFF PURSUANT TO SUBSECTION (F) OF
SECTION SIX HUNDRED FIFTY-EIGHT OF THE TAX LAW, FROM THE GENERAL FUND,
AND FROM ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER
FUND OR SOURCE PURSUANT TO LAW.
3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT
TO TITLE II OF ARTICLE FOURTEEN OF THE ELECTION LAW. MONEYS SHALL BE
PAID OUT OF THE FUND ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER
ON VOUCHERS CERTIFIED OR APPROVED BY THE STATE BOARD OF ELECTIONS, OR
ITS DULY DESIGNATED REPRESENTATIVE, IN THE MANNER PRESCRIBED BY LAW, NOT
MORE THAN FOUR 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, ANY SUCH DEFICIENCY SHALL
BE PAID, UPON AUDIT AND WARRANT OF 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 FIFTEEN, IF THE SURPLUS IN THE FUND ON
APRIL FIRST OF THE YEAR AFTER A YEAR IN WHICH A GOVERNOR IS 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.
6. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
PRIMARY ELECTION ANY EARLIER THAN THE DAY THAT SUCH CANDIDATE IS CERTI-
FIED AS BEING ON THE BALLOT FOR SUCH PRIMARY ELECTION.
A. 8902 16
7. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF THE PRIMARY
ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
8. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
SPECIAL ELECTION ANY EARLIER THAN THE DAY AFTER THE LAST DAY TO FILE
CERTIFICATES OF PARTY NOMINATION FOR SUCH SPECIAL ELECTION.
9. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN DECLARED
INVALID BY THE APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER
AUTHORITY. NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDI-
DATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON THE DATE OF SUCH
DISQUALIFICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY
PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE. ALL
SUCH MONEYS SHALL BE REPAID TO THE FUND.
S 11. Section 658 of the tax law is amended by adding a new subsection
(f) to read as follows:
(F) NEW YORK STATE CAMPAIGN FINANCE FUND CHECK-OFF. (1) FOR EACH
TAXABLE YEAR BEGINNING ON AND AFTER JANUARY FIRST, TWO THOUSAND NINE,
EVERY INDIVIDUAL WHOSE NEW YORK STATE INCOME TAX LIABILITY FOR THE TAXA-
BLE YEAR FOR WHICH THE RETURN IS FILED IS FIVE DOLLARS OR MORE MAY
DESIGNATE ON SUCH RETURN THAT FIVE DOLLARS BE PAID INTO THE NEW YORK
STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T OF THE
STATE FINANCE LAW. WHERE A HUSBAND AND WIFE FILE A JOINT RETURN AND
HAVE A NEW YORK STATE INCOME TAX LIABILITY FOR THE TAXABLE YEAR FOR
WHICH THE RETURN IS FILED OF TEN DOLLARS OR MORE, OR FILE SEPARATE
RETURNS ON A SINGLE FORM, EACH SUCH TAXPAYER MAY MAKE SEPARATE DESIG-
NATIONS ON SUCH RETURN OF FIVE DOLLARS TO BE PAID INTO THE NEW YORK
STATE CAMPAIGN FINANCE FUND.
(2) THE COMMISSIONER SHALL TRANSFER TO THE NEW YORK STATE CAMPAIGN
FINANCE FUND, ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE STATE
FINANCE LAW, AN AMOUNT EQUAL TO FIVE DOLLARS MULTIPLIED BY THE NUMBER OF
DESIGNATIONS.
(3) FOR PURPOSES OF THIS SUBSECTION, THE INCOME TAX LIABILITY OF AN
INDIVIDUAL FOR ANY TAXABLE YEAR IS THE AMOUNT OF TAX IMPOSED UNDER THIS
ARTICLE REDUCED BY THE SUM OF THE CREDITS (AS SHOWN IN HIS OR HER
RETURN) ALLOWABLE UNDER THIS ARTICLE.
(4) THE DEPARTMENT SHALL INCLUDE A PLACE ON EVERY PERSONAL INCOME TAX
RETURN FORM TO BE FILED BY AN INDIVIDUAL FOR A TAX YEAR BEGINNING ON OR
AFTER JANUARY FIRST, TWO THOUSAND NINE, IMMEDIATELY ABOVE THE CERTIF-
ICATION UNDER WHICH THE TAXPAYER IS REQUIRED TO SIGN SUCH FORM, FOR SUCH
TAXPAYER TO MAKE THE DESIGNATIONS DESCRIBED IN PARAGRAPH ONE OF THIS
SUBSECTION. SUCH RETURN FORM SHALL CONTAIN A CONCISE EXPLANATION OF THE
PURPOSE OF SUCH OPTIONAL DESIGNATIONS.
S 12. Campaign finance review panel. 1. There is hereby created and
established the "campaign finance review panel". The panel shall consist
of the commissioner of taxation and finance, the director of the divi-
sion of the budget, the state comptroller and the two members of the
state board of elections who rotate as chairperson of the board. The
commissioner of taxation and finance shall be chairperson.
2. The panel is empowered and it shall be its duty to monitor and
review the implementation of the 2010 Campaign Finance Reform Act. The
panel shall report to the governor and the legislature on March 31, 2011
and on March 31, 2013. The report shall include: (a) the number of
candidates qualifying and opting for public financing, the amounts
expended for this purpose in the preceding fiscal year and a projection
A. 8902 17
of the number of candidates likely to qualify and opt for public financ-
ing and their expenditures in future elections; (b) an analysis of the
effect of the 2010 Campaign Finance Reform Act on political campaigns,
including its effect on the sources and amounts of private financing,
the level of campaign expenditures, voter participation, the number of
candidates and the candidate's ability to campaign effectively for
public office; (c) a review of the procedures utilized in providing
public funds to candidates; and (d) such recommended changes in the 2010
Campaign Finance Reform Act as it deems appropriate.
S 13. Severability. If any clause, sentence, subdivision, paragraph,
section or part of title II of article 14 of the election law, as added
by section seven of this act be adjudged 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 clause, sentence, subdivision, paragraph, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered.
S 14. This act shall take effect immediately; provided, however,
candidates for state comptroller will be eligible to participate in the
public financing system beginning with the 2010 election, all state
candidates and constitutional convention delegates will be eligible to
participate in the public financing system beginning with the 2014
election and state legislature candidates will be eligible to partic-
ipate in the public financing system beginning with the 2016 election.
co-Sponsors
Joan Millman
Ann-Margaret Carrozza
Keith L.T. Wright
Helene Weinstein
Richard Gottfried
Adriano Espaillat
Crystal Peoples-Stokes
multi-Sponsors
Marc Alessi
Michael Benedetto
Jonathan Bing
William Boyland
James F. Brennan
Richard Brodsky
Kevin Cahill
Ronald Canestrari
Joan Christensen
Barbara Clark
William Colton
Vivian Cook
Francine DelMonte
Jeffrey Dinowitz
Steven Englebright
Ginny Fields
Sandy Galef
David Gantt
Michael Gianaris
Deborah Glick
Timothy P. Gordon
Aileen Gunther
Earlene Hooper
Sam Hoyt
Rhoda Jacobs
Susan John
David Koon
Rory Lancman
George Latimer
Charles Lavine
Joseph Lentol
Barbara Lifton
Donna Lupardo
John McEneny
Joseph Morelle
Catherine Nolan
Daniel O'Donnell
Felix Ortiz
Amy Paulin
José Peralta
N. Nick Perry
Audrey Pheffer
J. Gary Pretlow
Robert Reilly
Peter Rivera
Linda Rosenthal
William Scarborough
Robert Sweeney
Harvey Weisenberg
2009-A8902A (ACTIVE) - Details
- Current Committee:
- Assembly Election Law
- Law Section:
- Election Law
- Laws Affected:
- Amd Art 14, add §§16-103 & 4-115, El L; add §92-t, St Fin L; amd §658, Tax L
2009-A8902A (ACTIVE) - Sponsor Memo
BILL NUMBER:A8902A
TITLE OF BILL: An act to amend the election law, in relation to enact-
ing the "2010 Campaign Finance Reform Act"; to amend the election law,
the state finance law and the tax law, in relation to providing for
optional partial public financing of certain election campaigns in this
state; and to amend the election law, in relation to identification of
the source of certain political communications
SUBJECT AND PURPOSE: To provide optional public financing of campaigns
for statewide offices, state legislative offices and constitutional
convention delegates
SUMMARY AND DESCRIPTION OF PROVISIONS: The bill amends Article 14 of the
election law to designate the existing law Title I and adds an identifi-
cation requirement for independent political communications, a filing
requirement for independent expenditures and a requirement that certain
candidates disclose their intent to spend personal funds in a campaign.
It also adds a new Title II to Article 14 to provide for public financ-
ing of primary and general election campaigns for statewide office,
primary, general and special election campaigns for state legislative
office and primary and general election campaigns for constitutional
convention delegates.
TITLE I PROVISIONS
Identification of Independent Political Communications: The bill
requires all independent political communications that expressly advo-
cate for the election or defeat of a clearly identified, candidate or
the success or defeat of a ballot proposal and cost more than $1000 to
identify the source of the funding for such communication.
Independent Expenditures: The bill requires reporting of independent
expenditures that cost more than $1000 and expressly advocates for the
election or defeat of a clearly identified candidate or the success or
defeat of a ballot proposal. Independent expenditures that occur after
the last filing before an election must be reported within 24 hours.
Disclosure of the Intent to Use Personal Funds: Within 3 days of the
last day to file designating petitions, all candidates for statewide
office, state legislative office or constitutional convention delegate
must file a statement with the state board of elections disclosing
whether the candidate has or will contribute personal funds to his or
her committee and estimating the amount of such funds.
TITLE II PROVISIONS
Criteria for Participation:
To be eligible for public financing, a candidate for nomination or
election to a statewide office, state legislative office or as a consti-
tutional convention delegate must satisfy the legal requirements for
having his or her name on the ballot, elect to participate in the public
financing system, meet the threshold for eligibility and agree to file
required statements, authorize a single participating committee; and
identify the source of all campaign material.
Eligibility Threshold:
Governor: Must collect not less than $900,000 from at least 9,000 match-
able contributions made up of sums of up to $250 per individual contrib-
utor who resides in New York state.
Lt. Governor (primary only), Attorney Gen. & Comptroller: Must collect
not less than $300,000 from at least 3,000 matchable contributions made
up of sums of up to $250 per individual contributor who resides in New
York Sate.
Senate: Must collect not less than $25,000 from at least 250 matchable
contributions made up of sums of up to $250 per individual contributor
who resides in New York state including at least $12,500 from at least
125 individual contributors who reside in the senate district in which
the seat is to be filled.
Assembly: Must collect not less than $10,300 from at least 100 matchable
contributions made up of sums of up to $250 per individual contributor
who resides in New York state including at least $5,000 from at least 50
individual contributors who reside in the assembly district in which the
seat is to be filled.
At-large Delegate to a Constitutional Convention: Must collect not less
than $25,000 from at least 250 matchable contributions made up of sums
of up to $250 per individual contributor who resides in New York State.
District Delegate to a Constitutional Convention: Must collect not less
than $5,000 from at least 50 matchable contributions made up of sums of
up to $250 per individual contributor who resides in the district in
which the seat is to be filled.
Matchable Contributions:
May be collected after January first of the year of the primary or
general election. For a special election, may be collected up to six
months before the election. Consist of the net amount of contributions
after deduction of the value of any food, drink or entertainment
provided in exchange for the contribution. Only contributions from
persons who reside in New York State are matchable.
The Match:
Eligible contributions up to $250 are matched at the rate of $4 for
every $1.
Triggers:
If, however, a candidate who dots not elect to receive public funds
raises, spends or contributes his or her own personal funds in an amount
greater than the expenditure limit established for such office for
candidates participating in the public financing system, an additional
grant of public funds is given to the participating candidate.
Grants:
A participating candidate may receive up to four grants equaling 25% of
the amount of public funds previously received by the candidate as a
match for matchable contributions obtained and reported to the state
board of elections. Each of the grants is added to the original expendi-
ture limit, effectively creating a new TRIGGER for the next grant when
the nonparticipating candidate raises, spends or contributes his or her
own personal funds in an amount greater than the new expenditure limit.
Misc. Rules:
To receive public funds for a primary election, a participating candi-
date must agree to receive public funding for the general election.
Participating candidates who are unopposed in a primary election may not
receive public funds. Participating candidates whose opponents don't
raise or spend 10% of the expenditure limit are deemed unopposed.
Participating candidates that are unopposed may raise private funds of
up to 50% of the expenditure limit if there is a contest in the primary
for at least one other party for such office. Such funds may only be
raised with contributions of up to $2000 per contributor.
Candidates who are challenged in a primary and who do not seek public
funds are not eligible for public funds for the general election.
Candidates who are unopposed in a general or special election may not
receive public funds.
Permissible and Prohibited Uses of Public Funds:
Public funds may be used only for qualified campaign expenditures during
the year of the primary or general election. For a special election,
such funds may only be used in the 3 months prior to the election. They
may not be used for expenditures in violation of law, for payments to a
candidate or to a relative of the candidate. (or to any business entity
of which such a person is an officer or employee or has a ten percent or
greater ownership interest), for payments in excess of fair market
value, for any expenditure after the candidate or the candidate's only
remaining opponent has been disqualified (until and unless reversed), to
challenge an opponent's petitions or certificates, for non-campaign
related food, drink or entertainment, or for gifts (except brochures,
buttons, signs and other campaign material).
Contribution Limit:
All candidates who choose to participate in the public financing system
have a contribution limit of $2,000 per contributor.
Expenditure Limits:
The following expenditure limits apply to all candidates who participate
in the public financing system:
General Election Primary
Governor $12,000,000 1.1 per enrolled voter or
$600,000, whichever
is more, but not to
exceed $6,000,000
Lt. Governor -- $1.1 per enrolled voter o
$300,000, whichever
is more, but not to
exceed $3,000,000
Attorney General & $6,000,000 Same as Lt, Governor
Comptroller
State Senator $350,000 $2.50 per enrolled
voter or
$35,000, whichever
is more, but not
to exceed $350,000
Member of Assembly $150,000 $2.50 per enrolled
voter or $15,000,
whichever is more,
but not to exceed
$150,000
At-Large Delegate $350,000 $.15 per enrolled voter
or $75,000, whichever
is more, but not
to exceed $175,000
District Delegate $75,000 $1.10 per enrolled voter
in the district or
$5,000, whichever is
more, but not to
exceed $50,000
Party Expenditures in Support of Participating Candidates:
Notwithstanding the expenditure limits for participating candidates,
state party committees may make the following expenditures for services
to participating candidates:
Gov. and Lt. Gov. $2,500,000
Att. Gen or Comp. $1,000,000
Senate $100,000
State Assembly $50,000
At-large Delegate $50,000
District Delegate $10,000
* Transfers to a participating candidate tray constitute up to 25% of
such party expenditures.
Tax Check-off:
The bill provides an income tax check-off of $5. Such monies would be
paid into a separate fund, known as the New York State Campaign Finance
Fund. If the state campaign finance fund lacks the money to pay all
properly certified claims, the deficiency will be paid from the general
fund.
Penalties:
TITLE: I
The knowing and willful failure to identify the source of campaign
communications will subject the candidate to a civil fine equal to $1000
or the cost of the communication, whichever is greater.
A failure to file the statements required for an independent expenditure
shall subject the person or entity to a cavil fine of $500.
A knowing and willful failure to file the statement required regarding
the use of personal funds in a campaign shall subject the candidate to a
civil fine of up to $5000.
TITLE II
The failure to make proper campaign finance filings, as required by
Title II and rules and regulations promulgated thereunder, shall subject
the offender to a civil penalty of up to $5000.
If a participating candidate's aggregate Expenditures exceed the expend-
iture limitations, the candidate is liable for a civil penalty in an
amount equal to three times- the amount of the excess.
LEGISLATIVE HISTORY: A11507-a of 2008.
JUSTIFICATION: This public financing bill provides a comprehensive yet
balanced approach to the public financing of political campaigns. It
contains significant but realistic limitations on expenditures and
contribution receipts, a means for recovering public funds when they are
unspent, excessive or used for prohibited purposes, and penalties for
violations of the filing requirements or the expenditure limitations for
participants.
The hybrid "matching plus grant" structure of the program has several
advantages. It will reduce the amount of time a candidate must spend
raising money, leaving more time to address the issues that are impor-
tant to the public. The matching component allows for participation by
private citizens throughout the campaign while also conserving resources
by ensuring that only candidates who can show substantial voter support
and face opposition will be eligible to receive public funds. The grant
components containing 4 separate triggers, allows candidates that are
outspent to remain competitive without giving a participating candidate
an unnecessary windfall.
The identification requirement for independent political communications,
the filing requirement for independent expenditures and the requirement
that candidates disclose their intent to spend personal funds in a
campaign provide both participants and non-participants with information
necessary to formulate their campaign strategy. The opportunity for
party committees to make limited expenditures in support of participat-
ing candidates provides flexibility to both the candidates and the
parties.
Overall, the bill strikes a balance that allows challengers and incum-
bents to compete fairly while capping the amount of public funds that
will be expended.
FISCAL IMPLICATIONS: There will be no cost in 2009. In 2010, there
could be costs associated with participating candidates seeking election
to the office of State comptroller. There would be no cost in 2011, 2012
and 2013. In 2014, there could be costs associated with participating
candidates seeking election to a statewide office and constitutional
delegate. There will be no cost in 2015. In 2016, there could be costs
associated with participating candidates seeking election to state
legislative office. There would be no cost in 2017. In 2018, there
could be costs associated with participating candidates seeking election
to a statewide office, state legislative office and constitutional dele-
gate. Other states that have public financing systems in place have had
very low participation rates at first with increasing participation in
later elections. The long term cost of the system in New York is
unknown.
EFFECTIVE DATE: This act takes effect immediately; provided, however,
that candidates for state comptroller will be eligible to participate in
the public financing system beginning with the 2010 election, all state-
wide candidates and constitutional delegates will be eligible to partic-
ipate in 2014 and state legislative candidates will be eligible to
participate in 2016.
2009-A8902A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8902--A
2009-2010 Regular Sessions
I N A S S E M B L Y
June 13, 2009
___________
Introduced by M. of A. SILVER, MILLMAN, CARROZZA, WRIGHT, WEINSTEIN,
GOTTFRIED, ESPAILLAT, PEOPLES-STOKES -- Multi-Sponsored by -- M. of A.
ALESSI, BENEDETTO, BING, BOYLAND, BRENNAN, BRODSKY, CAHILL, CANES-
TRARI, CHRISTENSEN, CLARK, COLTON, COOK, DelMONTE, DINOWITZ, ENGLE-
BRIGHT, FIELDS, GALEF, GANTT, GIANARIS, GLICK, GORDON, GUNTHER, HOOP-
ER, HOYT, JACOBS, JOHN, KOON, LANCMAN, LATIMER, LAVINE, LENTOL,
LIFTON, LUPARDO, McENENY, MORELLE, NOLAN, O'DONNELL, ORTIZ, PAULIN,
PERRY, PHEFFER, PRETLOW, REILLY, P. RIVERA, ROSENTHAL, SCARBOROUGH,
SWEENEY, WEISENBERG -- read once and referred to the Committee on
Election Law -- committed to Election Law -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the election law, in relation to enacting the "2010
Campaign Finance Reform Act"; to amend the election law, the state
finance law and the tax law, in relation to providing for optional
partial public financing of certain election campaigns in this state;
and to amend the election law, in relation to identification of the
source of certain political communications
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "2010 Campaign Finance Reform Act".
S 2. Legislative findings and declaration. The legislature declares
that it is in the public interest to create and ensure a truly democrat-
ic political system in which citizens, irrespective of their income,
status, or financial connections, are enabled and encouraged to compete
for public office. Therefore, the legislature finds it necessary to
establish a system of public financing for all qualified candidates for
state elective offices and constitutional convention delegates.
S 3. The article heading of article 14 of the election law is amended
to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14376-06-0
A. 8902--A 2
CAMPAIGN RECEIPTS AND EXPENDITURES; PUBLIC FINANCING
S 4. Section 14-100 of the election law is amended by adding three new
subdivisions 12, 13, and 14 to read as follows:
12. "CLEARLY IDENTIFIED CANDIDATE" MEANS THAT:
(A) THE NAME OF THE CANDIDATE INVOLVED APPEARS;
(B) A PHOTOGRAPH OR DRAWING OF THE CANDIDATE APPEARS; OR
(C) THE IDENTITY OF THE CANDIDATE IS APPARENT BY UNAMBIGUOUS REFER-
ENCE.
13. "GENERAL PUBLIC AUDIENCE" MEANS AN AUDIENCE COMPOSED OF MEMBERS OF
THE PUBLIC, INCLUDING A TARGETED SUBGROUP OF MEMBERS OF THE PUBLIC;
PROVIDED, HOWEVER, IT DOES NOT MEAN AN AUDIENCE SOLELY COMPRISED OF
MEMBERS, RETIREES AND STAFF OF A LABOR ORGANIZATION OR THEIR IMMEDIATE
FAMILY MEMBERS OR AN AUDIENCE SOLELY COMPRISED OF EMPLOYEES OF A BUSI-
NESS ENTITY.
14. "LABOR ORGANIZATION" MEANS ANY ORGANIZATION OF ANY KIND WHICH
EXISTS FOR THE PURPOSE, IN WHOLE OR IN PART, OF REPRESENTING EMPLOYEES
EMPLOYED WITHIN THE STATE OF NEW YORK IN DEALING WITH EMPLOYERS OR
EMPLOYER ORGANIZATIONS OR WITH A STATE GOVERNMENT, OR ANY POLITICAL OR
CIVIL SUBDIVISION OR OTHER AGENCY THEREOF, CONCERNING TERMS AND CONDI-
TIONS OF EMPLOYMENT, GRIEVANCES, LABOR DISPUTES, OR OTHER MATTERS INCI-
DENTAL TO THE EMPLOYMENT RELATIONSHIP. FOR THE PURPOSES OF THIS ARTI-
CLE, EACH LOCAL, PARENT NATIONAL OR PARENT INTERNATIONAL ORGANIZATION OF
A STATEWIDE LABOR ORGANIZATION, AND EACH STATEWIDE FEDERATION RECEIVING
DUES FROM SUBSIDIARY LABOR ORGANIZATIONS, SHALL BE CONSIDERED A SEPARATE
LABOR ORGANIZATION.
S 5. Section 14-106 of the election law, as amended by chapter 8 of
the laws of 1978, is amended to read as follows:
S 14-106. Political [advertisements and literature] COMMUNICATION.
The statements required to be filed under the provisions of this article
next succeeding a primary, general or special election shall be accompa-
nied by a [facsimile or] copy of all BROADCAST, CABLE OR SATELLITE SCHE-
DULES AND SCRIPTS, advertisements, pamphlets, circulars, flyers,
brochures, letterheads and other printed matter purchased or produced
[and a schedule of all radio or television time, and scripts used there-
in], AND REPRODUCTIONS OF STATEMENTS OR INFORMATION CONVEYED TO FIVE
HUNDRED OR MORE MEMBERS OF A GENERAL PUBLIC AUDIENCE BY COMPUTER OR
OTHER ELECTRONIC DEVICE, purchased in connection with such election by
or under the authority of the person filing the statement or the commit-
tee or the person on whose behalf it is filed, as the case may be. Such
[facsimiles,] copies, schedules and scripts shall be preserved by the
officer with whom or the board with which it is required to be filed for
a period of one year from the date of filing thereof.
S 5-a. The election law is amended by adding a new section 14-107 to
read as follows:
S 14-107. INDEPENDENT EXPENDITURE REPORTING. 1. FOR PURPOSES OF THIS
ARTICLE:
(A) "INDEPENDENT EXPENDITURE" MEANS AN EXPENDITURE MADE BY A PERSON
FOR AN AUDIO OR VIDEO COMMUNICATION TO A GENERAL PUBLIC AUDIENCE VIA
BROADCAST, CABLE OR SATELLITE OR A WRITTEN COMMUNICATION TO A GENERAL
PUBLIC AUDIENCE VIA ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS,
BROCHURES, LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
MATION CONVEYED TO FIVE HUNDRED OR MORE MEMBERS OF A GENERAL PUBLIC
AUDIENCE BY COMPUTER OR OTHER ELECTRONIC DEVICES WHICH: (I) EXPRESSLY
ADVOCATES THE ELECTION OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE OR
THE SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE, THE
A. 8902--A 3
CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL COMMITTEE
FORMED TO PROMOTE THE SUCCESS OR DEFEAT OF A BALLOT PROPOSAL OR ITS
AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN ANY
SUCH COMMUNICATION.
(B) INDEPENDENT EXPENDITURES DO NOT INCLUDE:
(I) A COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY, OR
EDITORIAL OR DISTRIBUTED THROUGH THE FACILITIES OF ANY BROADCASTING
STATION, CABLE OR SATELLITE UNLESS SUCH PUBLICATION OR FACILITIES ARE
OWNED OR CONTROLLED BY ANY POLITICAL PARTY, POLITICAL COMMITTEE OR
CANDIDATE; OR
(II) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR
(III) A COMMUNICATION WHICH CONSTITUTES AN EXPENDITURE MADE BY AN
ENTITY REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.
(C) FOR PURPOSES OF THIS SECTION, THE TERM "PERSON" SHALL MEAN PERSON,
GROUP OF PERSONS, ENTITY, ORGANIZATION OR ASSOCIATION.
2. WHENEVER ANY PERSON MAKES AN INDEPENDENT EXPENDITURE THAT COSTS
MORE THAN ONE THOUSAND DOLLARS IN THE AGGREGATE, SUCH COMMUNICATION
SHALL CLEARLY STATE THE NAME OF THE PERSON WHO PAID FOR, OR OTHERWISE
PUBLISHED OR DISTRIBUTED, THE COMMUNICATION AND STATE, WITH RESPECT TO
COMMUNICATIONS REGARDING CANDIDATES, THAT THE COMMUNICATION IS NOT
AUTHORIZED BY ANY CANDIDATE, ANY CANDIDATE'S POLITICAL COMMITTEE OR ANY
OF ITS AGENTS. A KNOWING AND WILLFUL VIOLATION OF THE PROVISIONS OF
THIS SUBDIVISION SHALL SUBJECT THE PERSON TO A CIVIL PENALTY EQUAL TO
ONE THOUSAND DOLLARS OR THE COST OF THE COMMUNICATION, WHICHEVER IS
GREATER, IN A SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE STATE
BOARD OF ELECTIONS.
3. (A) ANY PERSON WHICH MAKES INDEPENDENT EXPENDITURES THAT COST MORE
THAN ONE THOUSAND DOLLARS IN THE AGGREGATE SHALL REPORT SUCH INDEPENDENT
EXPENDITURES TO THE STATE BOARD OF ELECTIONS ON STATEMENTS AS PROVIDED
FOR IN SECTION 14-108 OF THIS ARTICLE.
(B) ANY INDEPENDENT EXPENDITURE MADE AFTER THE CLOSE OF THE PERIOD TO
BE COVERED IN THE LAST STATEMENT FILED BEFORE ANY PRIMARY, GENERAL OR
SPECIAL ELECTION, BUT BEFORE SUCH ELECTION, SHALL BE REPORTED WITHIN
TWENTY-FOUR HOURS IN THE SAME MANNER AS PROVIDED FOR IN SUBDIVISION TWO
OF SECTION 14-108 OF THIS ARTICLE.
4. EACH SUCH STATEMENT SHALL INCLUDE:
(A) THE NAME AND ADDRESS OF THE PERSON MAKING THE STATEMENT;
(B) THE NAME AND ADDRESS OF THE PERSON MAKING THE INDEPENDENT EXPENDI-
TURE;
(C) THE NAME AND ADDRESS OF ANY PERSON OR ENTITY PROVIDING A GIFT,
LOAN, ADVANCE OR DEPOSIT OF ONE HUNDRED DOLLARS OR MORE FOR THE INDE-
PENDENT EXPENDITURE, OR THE PROVISION OF SERVICES FOR THE SAME, AND THE
DATE IT WAS GIVEN; PROVIDED, HOWEVER, THE NAME AND ADDRESS OF A MEMBER
OF A LABOR ORGANIZATION IS NOT REQUIRED FOR A GIFT, LOAN, ADVANCE OR
DEPOSIT OF ONE HUNDRED DOLLARS OR MORE TO A LABOR ORGANIZATION OR A
LABOR ORGANIZATION POLITICAL ACTION COMMITTEE;
(D) THE DOLLAR AMOUNT PAID FOR EACH INDEPENDENT EXPENDITURE, THE NAME
AND ADDRESS OF THE PERSON OR ENTITY RECEIVING THE PAYMENT, THE DATE THE
PAYMENT WAS MADE AND A DESCRIPTION OF THE INDEPENDENT EXPENDITURE; AND
(E) THE ELECTION TO WHICH THE INDEPENDENT EXPENDITURE PERTAINS AND THE
NAME OF THE CLEARLY IDENTIFIED CANDIDATE OR THE BALLOT PROPOSAL REFER-
ENCED.
5. ANY REPORT MADE PURSUANT TO THIS SECTION SHALL INCLUDE A COPY OF
ALL MATERIALS THAT PERTAIN TO THE INDEPENDENT EXPENDITURE, INCLUDING BUT
NOT LIMITED TO BROADCAST, CABLE OR SATELLITE SCHEDULE AND SCRIPTS,
A. 8902--A 4
ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS, BROCHURES, LETTERHEADS AND
OTHER PRINTED MATTER.
6. ANY REPORT OF A LOAN THAT IS MADE FOR AN INDEPENDENT EXPENDITURE
SHALL INCLUDE WRITTEN EVIDENCE OF THE INDEBTEDNESS.
7. EVERY STATEMENT REQUIRED TO BE FILED PURSUANT TO THIS SECTION SHALL
BE FILED BY ELECTRONIC REPORTING PROCESS OR OVERNIGHT MAIL TO THE STATE
BOARD OF ELECTIONS.
8. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE REGULATIONS WITH
RESPECT TO THE STATEMENTS REQUIRED TO BE FILED BY THIS SECTION AND SHALL
PROVIDE FORMS SUITABLE FOR SUCH STATEMENTS.
S 5-b. Section 14-112 of the election law, as amended by chapter 930
of the laws of 1981, is amended to read as follows:
S 14-112. Political committee authorization statement. 1. Any poli-
tical committee aiding or taking part in the election or nomination of
any candidate, other than by making contributions, shall file, in the
office in which the statements of such committee are to be filed pursu-
ant to this article, either a sworn verified statement by the treasurer
of such committee that the candidate has authorized the political
committee to aid or take part in his election or that the candidate has
not authorized the committee to aid or take part in his election.
2. NO LATER THAN THREE DAYS AFTER THE LAST DAY TO FILE DESIGNATING
PETITIONS, A CANDIDATE FOR STATEWIDE OFFICE, STATE LEGISLATIVE OFFICE OR
CONSTITUTIONAL CONVENTION DELEGATE SHALL FILE A STATEMENT WITH THE STATE
BOARD OF ELECTIONS STATING WHETHER THE CANDIDATE HAS OR WILL CONTRIBUTE
PERSONAL FUNDS TO HIS OR HER AUTHORIZED COMMITTEE FOR USE IN SUCH
ELECTION AND AN ESTIMATE OF THE AMOUNT OF PERSONAL FUNDS CONTRIBUTED OR
TO BE CONTRIBUTED. THE KNOWING AND WILLFUL FAILURE TO FILE THE STATE-
MENT REQUIRED BY THIS SUBDIVISION SHALL SUBJECT THE CANDIDATE TO A CIVIL
PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS IN A SPECIAL PROCEEDING OR
CIVIL ACTION BROUGHT BY THE STATE BOARD OF ELECTIONS.
S 5-c. Section 14-126 of the election law, as amended by chapter 8 of
the laws of 1978, subdivision 1 as amended by chapter 128 of the laws of
1994, subdivisions 2, 3, and 4 as redesignated by chapter 9 of the laws
of 1978, is amended to read as follows:
S 14-126. Violations; penalties. 1. Any person who fails to file a
statement required to be filed by this article shall be subject to a
civil penalty, not in excess of five hundred dollars, to be recoverable
in a special proceeding or civil action to be brought by the state board
of elections or other board of elections.
2. ANY PERSON WHO KNOWINGLY AND WILLFULLY FAILS TO IDENTIFY INDEPEND-
ENT EXPENDITURES AS REQUIRED BY SUBDIVISION TWO OF SECTION 14-107 OR
KNOWINGLY AND WILLFULLY FAILS TO FILE THE STATEMENT REQUIRED BY SUBDIVI-
SION TWO OF SECTION 14-112 SHALL BE SUBJECT TO A CIVIL PENALTY IN A
SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE STATE BOARD OF
ELECTIONS.
[2.] 3. Any person who knowingly and willfully fails to file a state-
ment required to be filed by this article within ten days after the date
provided for filing such statement or any person who knowingly and will-
fully violates any other provision of this article shall be guilty of a
misdemeanor.
[3.] 4. Any person who knowingly and willfully contributes, accepts or
aids or participates in the acceptance of a contribution in an amount
exceeding an applicable maximum specified in this article shall be guil-
ty of a misdemeanor.
[4.] 5. Any person who shall, acting on behalf of a candidate or poli-
tical committee, knowingly and willfully solicit, organize or coordinate
A. 8902--A 5
the formation of activities of one or more unauthorized committees, make
expenditures in connection with the nomination for election or election
of any candidate, or solicit any person to make any such expenditures,
for the purpose of evading the contribution limitations of this article,
shall be guilty of a class E felony.
S 6. Sections 14-100 through 14-130 of article 14 of the election law
are designated title 1 and a new title heading is added to read as
follows:
CAMPAIGN RECEIPTS AND EXPENDITURES
S 7. Article 14 of the election law is amended by adding a new title 2
to read as follows:
TITLE II
PUBLIC FINANCING
SECTION 14-200. DEFINITIONS.
14-202. ELIGIBILITY.
14-204. QUALIFIED CAMPAIGN EXPENDITURES.
14-206. OPTIONAL PUBLIC FINANCING.
14-208. CONTRIBUTION AND RECEIPT LIMITATIONS.
14-210. EXPENDITURE LIMITATIONS.
14-212. EXAMINATIONS AND AUDITS; REPAYMENTS.
14-214. CIVIL PENALTIES.
S 14-200. DEFINITIONS. AS USED IN THIS TITLE, UNLESS ANOTHER MEANING
IS CLEARLY INDICATED:
1. THE TERM "STATE BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
2. THE TERM "ELIGIBLE CANDIDATE" SHALL MEAN A CANDIDATE FOR NOMINATION
OR ELECTION TO ANY OF THE OFFICES OF GOVERNOR, LIEUTENANT GOVERNOR,
COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE STATE LEGISLATURE, AT-LARGE
DELEGATE TO A CONSTITUTIONAL CONVENTION OR DISTRICT DELEGATE TO A
CONSTITUTIONAL CONVENTION.
3. THE TERM "PARTICIPATING COMMITTEE" SHALL MEAN A SINGLE POLITICAL
COMMITTEE WHICH A CANDIDATE CERTIFIES IS THE COMMITTEE THAT WILL SOLELY
BE USED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM ESTABLISHED BY
THIS TITLE AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY, GENERAL
OR SPECIAL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT. A MULTI-CAN-
DIDATE COMMITTEE MAY NOT BE A PARTICIPATING COMMITTEE.
4. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE WHO IS
ELIGIBLE TO PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEM ESTAB-
LISHED BY THIS TITLE, HAS MET THE THRESHOLD FOR ELIGIBILITY AND HAS
ELECTED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM.
5. THE TERM "MATCHABLE CONTRIBUTIONS" SHALL MEAN THAT PORTION OF THE
AGGREGATE CONTRIBUTIONS MADE (A) IN THE CASE OF A PRIMARY OR GENERAL
ELECTION, AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY OR GENER-
AL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT OR (B) IN THE CASE OF A
SPECIAL ELECTION, WITHIN SIX MONTHS OF SUCH ELECTION BY NATURAL PERSONS
RESIDENT IN THE STATE OF NEW YORK TO A CANDIDATE FOR NOMINATION OR
ELECTION TO ANY OF THE OFFICES COVERED BY THE PROVISIONS OF THIS TITLE
WHICH DO NOT EXCEED TWO HUNDRED FIFTY DOLLARS, WHICH HAVE BEEN REPORTED
IN FULL BY THE CANDIDATE'S PARTICIPATING COMMITTEE TO THE STATE BOARD,
INCLUDING THE CONTRIBUTOR'S FULL NAME AND RESIDENTIAL ADDRESS. "MATCHA-
BLE CONTRIBUTIONS" SHALL BE THE NET AMOUNT OF ANY MONETARY CONTRIBUTION
REALIZED BY A CANDIDATE OR DESIGNATED COMMITTEE AFTER DEDUCTING THE
REASONABLE VALUE OF ANY GOODS OR SERVICES PROVIDED THE CONTRIBUTOR IN
CONNECTION WITH THE CONTRIBUTION, EXCEPT THAT CONTRIBUTIONS FROM ANY
PERSON WHO HAS RECEIVED A PAYMENT OR ANYTHING OF VALUE FROM SUCH COMMIT-
A. 8902--A 6
TEE OR FROM A PERSON WHO IS AN OFFICER, DIRECTOR OR EMPLOYEE OF, OR A
PERSON WHO HAS A TEN PERCENT OR GREATER OWNERSHIP INTEREST IN ANY ENTITY
WHICH HAS RECEIVED SUCH A PAYMENT OR THING OF VALUE SHALL NOT BE MATCHA-
BLE. A LOAN MAY NOT BE TREATED AS A MATCHABLE CONTRIBUTION.
6. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE
FOR WHICH PUBLIC FUNDS MAY BE USED.
7. THE TERM "FUND" SHALL MEAN THE NEW YORK STATE CAMPAIGN FINANCE
FUND.
8. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF TOTAL
MATCHABLE CONTRIBUTIONS THAT THE PARTICIPATING COMMITTEE OF AN OTHERWISE
ELIGIBLE CANDIDATE MUST RECEIVE, AS REQUIRED BY SECTION 14-202 OF THIS
TITLE, IN ORDER TO QUALIFY FOR OPTIONAL PUBLIC FINANCING PURSUANT TO
THIS TITLE.
9. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS IN SUBDIVI-
SION NINE OF SECTION 14-100 OF THIS ARTICLE.
S 14-202. ELIGIBILITY. 1. TO BE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING
UNDER THIS TITLE, A CANDIDATE FOR NOMINATION OR ELECTION MUST:
(A) MEET ALL THE REQUIREMENTS OF THIS CHAPTER AND OTHER PROVISIONS OF
LAW TO HAVE HIS OR HER NAME ON THE BALLOT;
(B) BE A CANDIDATE FOR STATEWIDE OFFICE, THE STATE LEGISLATURE OR
DELEGATE TO A CONSTITUTIONAL CONVENTION AT A PRIMARY, GENERAL OR SPECIAL
ELECTION AND MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION
TWO OF THIS SECTION;
(C) ELECT TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM ESTABLISHED BY
THIS TITLE NOT LATER THAN SEVEN DAYS AFTER THE LAST DAY TO FILE DESIG-
NATING PETITIONS FOR THE OFFICE SUCH CANDIDATE IS SEEKING OR, IN THE
CASE OF A SPECIAL ELECTION, NOT LATER THAN THE LAST DAY TO FILE NOMINAT-
ING CERTIFICATES FOR SUCH OFFICE;
(D) AGREE TO OBTAIN AND FURNISH TO THE STATE BOARD ANY EVIDENCE IT MAY
REASONABLY REQUEST RELATING TO HIS OR HER CAMPAIGN EXPENDITURES OR
CONTRIBUTIONS AND FURNISH SUCH OTHER PROOF OF COMPLIANCE WITH THIS TITLE
AS MAY BE REQUESTED BY THE STATE BOARD;
(E) HAVE A SINGLE AUTHORIZED POLITICAL COMMITTEE WHICH HE OR SHE
CERTIFIES AS THE PARTICIPATING COMMITTEE FOR THE PURPOSES OF THIS TITLE;
AND
(F) AGREE TO IDENTIFY ACCURATELY IN ALL CAMPAIGN MATERIALS THE PERSON
OR ENTITY THAT PAID FOR SUCH CAMPAIGN MATERIAL.
2. THE THRESHOLD FOR ELIGIBILITY FOR PUBLIC FUNDING FOR CANDIDATES IN
A PRIMARY, GENERAL OR SPECIAL ELECTION FOR THE FOLLOWING OFFICES SHALL
BE:
(A) GOVERNOR IN A PRIMARY OR GENERAL ELECTION. NOT LESS THAN NINE
HUNDRED THOUSAND DOLLARS FROM AT LEAST NINE THOUSAND MATCHABLE CONTRIB-
UTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY DOLLARS PER INDIVIDUAL
CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
(B) LIEUTENANT GOVERNOR IN A PRIMARY ELECTION AND COMPTROLLER OR
ATTORNEY GENERAL IN A PRIMARY OR GENERAL ELECTION. NOT LESS THAN THREE
HUNDRED THOUSAND DOLLARS FROM AT LEAST THREE THOUSAND MATCHABLE CONTRIB-
UTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY DOLLARS PER INDIVIDUAL
CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
(C) MEMBERS OF THE STATE SENATE IN A PRIMARY, GENERAL OR SPECIAL
ELECTION. NOT LESS THAN TWENTY-FIVE THOUSAND DOLLARS FROM AT LEAST TWO
HUNDRED FIFTY MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO
HUNDRED FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK
STATE INCLUDING AT LEAST TWELVE THOUSAND FIVE HUNDRED DOLLARS FROM AT
LEAST ONE HUNDRED TWENTY-FIVE INDIVIDUAL CONTRIBUTORS WHO RESIDE IN THE
SENATE DISTRICT IN WHICH THE SEAT IS TO BE FILLED.
A. 8902--A 7
(D) MEMBERS OF THE ASSEMBLY IN A PRIMARY, GENERAL OR SPECIAL ELECTION.
NOT LESS THAN TEN THOUSAND DOLLARS FROM AT LEAST ONE HUNDRED MATCHABLE
CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY DOLLARS PER
INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE INCLUDING AT LEAST
FIVE THOUSAND DOLLARS FROM AT LEAST FIFTY INDIVIDUALS WHO RESIDE IN THE
ASSEMBLY DISTRICT IN WHICH THE SEAT IS TO BE FILLED.
(E) AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION IN A PRIMARY OR
GENERAL ELECTION. NOT LESS THAN TWENTY-FIVE THOUSAND DOLLARS FROM AT
LEAST TWO HUNDRED FIFTY MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO
TWO HUNDRED FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW
YORK STATE.
(F) DISTRICT DELEGATE TO A CONSTITUTIONAL CONVENTION IN A PRIMARY OR
GENERAL ELECTION. NOT LESS THAN FIVE THOUSAND DOLLARS FROM AT LEAST
FIFTY MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY
DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN THE DISTRICT IN WHICH
THE SEAT IS TO BE FILLED.
3. IN ORDER TO BE ELIGIBLE TO RECEIVE PUBLIC FUNDS IN A PRIMARY
ELECTION A CANDIDATE MUST AGREE, THAT IN THE EVENT SUCH CANDIDATE IS A
CANDIDATE FOR SUCH OFFICE IN THE GENERAL ELECTION IN SUCH YEAR, THAT
SUCH CANDIDATE WILL BE BOUND BY THE PROVISIONS OF THIS TITLE, INCLUDING,
BUT NOT LIMITED TO, THE RECEIPT AND EXPENDITURE LIMITS OF THIS TITLE.
4. CANDIDATES WHO ARE CONTESTED IN A PRIMARY ELECTION AND WHO DO NOT
SEEK PUBLIC FUNDS SHALL NOT BE ELIGIBLE FOR PUBLIC FUNDS FOR THE GENERAL
ELECTION IN THAT YEAR. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT
APPLY TO CANDIDATES FOR THE OFFICE OF LIEUTENANT GOVERNOR.
5. CANDIDATES WHO ARE UNOPPOSED IN A GENERAL OR SPECIAL ELECTION SHALL
NOT BE ELIGIBLE TO RECEIVE PUBLIC FUNDS.
6. NO CANDIDATE FOR ELECTION TO AN OFFICE IN A PRIMARY, GENERAL OR
SPECIAL ELECTION WHO HAS ELECTED TO PARTICIPATE IN THE PUBLIC FINANCING
SYSTEM SHALL BE DEEMED OPPOSED AND RECEIVE PUBLIC FUNDS UNLESS AT LEAST
ONE OTHER CANDIDATE FOR SUCH OFFICE IN SUCH ELECTION WHO ALSO ELECTED TO
PARTICIPATE IN THE PUBLIC FINANCING SYSTEM, OR SUCH CANDIDATE'S COMMIT-
TEE, OR AT LEAST ONE OTHER CANDIDATE FOR SUCH OFFICE IN SUCH ELECTION
WHO HAS NOT ELECTED TO PARTICIPATE, OR SUCH CANDIDATE'S COMMITTEE, HAVE
EITHER SPENT, CONTRACTED OR OBLIGATED TO SPEND, OR HAVE CONTRIBUTED SUCH
CANDIDATE'S PERSONAL FUNDS TO SUCH CANDIDATE'S COMMITTEE OR HAVE
RECEIVED IN LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING TEN PERCENT OF
THE EXPENDITURE LIMIT FOR SUCH OFFICE IN SUCH ELECTION WHICH IS FIXED BY
THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT SUCH PUBLIC FUNDS.
IF ANY CANDIDATE FOR AN OFFICE AND THE COMMITTEE OF SUCH CANDIDATE
REACHES THE THRESHOLD TO QUALIFY TO RECEIVE PUBLIC FUNDS, OR SPENDS,
CONTRACTS OR OBLIGATES TO SPEND, OR CONTRIBUTES SUCH CANDIDATE'S
PERSONAL FUNDS TO SUCH CANDIDATE'S COMMITTEE OR RECEIVES IN LOANS OR
CONTRIBUTIONS, AN AMOUNT EXCEEDING TEN PERCENT OF THE EXPENDITURE LIMIT
FOR SUCH OFFICE IN SUCH ELECTION AT ANY TIME AFTER THE FILING DEADLINE
FOR THE LAST REPORT REQUIRED TO BE FILED BEFORE THE FIRST DISTRIBUTION
OF PUBLIC FUNDS FOR SUCH ELECTION, SUCH CANDIDATE OR COMMITTEE MUST
NOTIFY THE STATE BOARD OF THAT FACT WITHIN TWENTY-FOUR HOURS IN THE SAME
MANNER AS PROVIDED IN SUBDIVISION TWO OF SECTION 14-108 OF THIS ARTICLE.
S 14-204. QUALIFIED CAMPAIGN EXPENDITURES. 1. PUBLIC FUNDS PROVIDED
UNDER THE PROVISIONS OF THIS TITLE MAY ONLY BE USED FOR EXPENDITURES BY
THE PARTICIPATING COMMITTEE AUTHORIZED BY THE CANDIDATE TO MAKE EXPENDI-
TURES ON SUCH CANDIDATE'S BEHALF, TO FURTHER THE CANDIDATE'S NOMINATION
OR ELECTION AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY OR
GENERAL ELECTION IS HELD FOR THE OFFICE SOUGHT, FOR SERVICES, MATERIALS,
FACILITIES OR OTHER THINGS OF VALUE USED DURING THAT CAMPAIGN CYCLE OR,
A. 8902--A 8
IN THE CASE OF A SPECIAL ELECTION, FOR EXPENDITURES DURING THE PERIOD
COMMENCING THREE MONTHS BEFORE AND ENDING ONE MONTH AFTER SUCH SPECIAL
ELECTION. THE TOTAL OF ALL EXPENDITURES MADE BY THE CANDIDATE AND SUCH
CANDIDATE'S PARTICIPATING COMMITTEE, INCLUDING ALL PAYMENTS RECEIVED
FROM THE FUND, SHALL NOT EXCEED THE EXPENDITURE LIMITATIONS ESTABLISHED
IN SECTION 14-210 OF THIS TITLE, EXCEPT INSOFAR AS SUCH PAYMENTS ARE
MADE TO REPAY LOANS USED TO PAY CAMPAIGN EXPENDITURES.
2. SUCH PUBLIC FUNDS MAY NOT BE USED FOR:
(A) AN EXPENDITURE IN VIOLATION OF ANY LAW OF THE UNITED STATES OR OF
THIS STATE;
(B) PAYMENTS OR ANYTHING OF VALUE GIVEN OR MADE TO THE CANDIDATE, A
RELATIVE OF THE CANDIDATE, OR TO A BUSINESS ENTITY IN WHICH ANY SUCH
PERSON HAS A TEN PERCENT OR GREATER OWNERSHIP INTEREST OR OF WHICH ANY
SUCH PERSON IS AN OFFICER, DIRECTOR OR EMPLOYEE;
(C) PAYMENT IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES, MATERIALS,
FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
(D) ANY EXPENDITURE MADE AFTER THE PARTICIPATING CANDIDATE, OR THE
ONLY REMAINING OPPONENT OF SUCH CANDIDATE, HAS BEEN DISQUALIFIED OR HAD
SUCH CANDIDATE'S PETITIONS DECLARED INVALID BY A BOARD OF ELECTIONS OR A
COURT OF COMPETENT JURISDICTION UNTIL AND UNLESS SUCH FINDING IS
REVERSED BY A HIGHER AUTHORITY.
(E) ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION, ACCEPTANCE,
AUTHORIZATION, DECLINATION OR SUBSTITUTION;
(F) EXPENDITURE FOR NONCAMPAIGN RELATED FOOD, DRINK OR ENTERTAINMENT;
AND
(G) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER CAMPAIGN MATERI-
AL.
S 14-206. OPTIONAL PUBLIC FINANCING. 1. PARTICIPATING CANDIDATES FOR
NOMINATION OR ELECTION IN PRIMARY, GENERAL AND SPECIAL ELECTIONS MAY
OBTAIN PAYMENT TO A PARTICIPATING COMMITTEE FROM PUBLIC FUNDS FOR QUALI-
FIED CAMPAIGN EXPENDITURES. NO SUCH PUBLIC FUNDS SHALL BE PAID TO A
PARTICIPATING COMMITTEE UNTIL THE CANDIDATE HAS QUALIFIED TO APPEAR ON
THE BALLOT AND FILED A SWORN STATEMENT WITH THE STATE BOARD ELECTING TO
PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEM AND AGREEING TO
ABIDE BY THE REQUIREMENTS OF THIS TITLE. PAYMENTS SHALL NOT EXCEED THE
AMOUNTS SPECIFIED IN THIS TITLE, AND SHALL BE MADE ONLY IN ACCORDANCE
WITH THE PROVISIONS OF THIS TITLE. SUCH PAYMENTS MAY ONLY BE MADE TO A
PARTICIPATING CANDIDATE'S PARTICIPATING COMMITTEE. NO PUBLIC 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. THE PARTICIPATING COMMITTEE OF EACH PARTICIPATING CANDIDATE SHALL
BE ENTITLED TO FOUR DOLLARS IN PUBLIC FUNDS FOR EACH ONE DOLLAR OF
MATCHABLE CONTRIBUTIONS OBTAINED AND REPORTED TO THE STATE BOARD IN
ACCORDANCE WITH THE PROVISIONS OF THIS TITLE, PROVIDED, HOWEVER, SUCH
PUBLIC FUNDS SHALL ONLY BE USED FOR QUALIFIED CAMPAIGN EXPENDITURES.
3. (A) HOWEVER, IF ANY CANDIDATE IN ANY ELECTION FOR AN OFFICE FOR
WHICH PUBLIC FUNDS ARE AVAILABLE PURSUANT TO THE PROVISIONS OF THIS
TITLE, ELECTS NOT TO ACCEPT PUBLIC FUNDS AND SUCH CANDIDATE OR SUCH
CANDIDATE'S COMMITTEE EITHER SPENDS, CONTRACTS OR OBLIGATES TO SPEND, OR
CONTRIBUTES SUCH CANDIDATE'S PERSONAL FUNDS TO SUCH CANDIDATE'S COMMIT-
TEE OR RECEIVES IN LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING THE
EXPENDITURE LIMIT FOR SUCH OFFICE, AS FIXED BY THIS TITLE FOR CANDIDATES
WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, THEN (I) SUCH CANDIDATE OR
COMMITTEE MUST NOTIFY THE STATE BOARD OF THE FACT WITHIN TWENTY-FOUR
A. 8902--A 9
HOURS VIA THE INTERNET USING THE ELECTRONIC FILING SYSTEM ESTABLISHED BY
THE STATE BOARD, OR IF SUCH CANDIDATE DOES NOT FILE ELECTRONICALLY VIA
THE INTERNET, BY FACSIMILE OR OVERNIGHT MAIL; AND (II) THE PARTICIPATING
COMMITTEE OF EACH PARTICIPATING CANDIDATE FOR SUCH OFFICE SHALL BE ENTI-
TLED TO A GRANT OF PUBLIC FUNDS EQUAL TO TWENTY-FIVE PERCENT OF THE
TOTAL AMOUNT OF PUBLIC FUNDS RECEIVED BY THE PARTICIPATING CANDIDATE FOR
MATCHABLE CONTRIBUTIONS OBTAINED AND REPORTED TO THE STATE BOARD. SUCH
GRANT SHALL BE PAID WITHIN TWO BUSINESS DAYS AND SHALL ONLY BE USED FOR
QUALIFIED CAMPAIGN EXPENDITURES.
(B) HOWEVER, IF ANY CANDIDATE IN ANY ELECTION FOR AN OFFICE FOR WHICH
PUBLIC FUNDS ARE AVAILABLE PURSUANT TO THE PROVISIONS OF THIS TITLE,
ELECTS NOT TO ACCEPT PUBLIC FUNDS AND SUCH CANDIDATE OR SUCH CANDIDATE'S
COMMITTEE EITHER SPENDS, CONTRACTS OR OBLIGATES TO SPEND, OR CONTRIBUTES
SUCH CANDIDATE'S PERSONAL FUNDS TO SUCH CANDIDATE'S COMMITTEE OR
RECEIVES IN LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING THE TOTAL OF THE
EXPENDITURE LIMIT FOR SUCH OFFICE, AS FIXED BY THIS TITLE FOR CANDIDATES
WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, PLUS THE TWENTY-FIVE PERCENT
GRANT ALREADY RECEIVED BY THE PARTICIPATING CANDIDATE, THEN (I) SUCH
CANDIDATE OR COMMITTEE MUST NOTIFY THE STATE BOARD OF THE FACT WITHIN
TWENTY-FOUR HOURS VIA THE INTERNET USING THE ELECTRONIC FILING SYSTEM
ESTABLISHED BY THE STATE BOARD, OR IF SUCH CANDIDATE DOES NOT FILE ELEC-
TRONICALLY VIA THE INTERNET, BY FACSIMILE OR OVERNIGHT MAIL; AND (II)
THE PARTICIPATING COMMITTEE OF EACH PARTICIPATING CANDIDATE FOR SUCH
OFFICE SHALL BE ENTITLED TO AN ADDITIONAL GRANT OF PUBLIC FUNDS EQUAL TO
TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT OF PUBLIC FUNDS RECEIVED BY THE
PARTICIPATING CANDIDATE FOR MATCHABLE CONTRIBUTIONS OBTAINED AND
REPORTED TO THE STATE BOARD. SUCH GRANT SHALL BE PAID WITHIN TWO BUSI-
NESS DAYS AND SHALL ONLY BE USED FOR QUALIFIED CAMPAIGN EXPENDITURES.
(C) HOWEVER, IF ANY CANDIDATE IN ANY ELECTION FOR AN OFFICE FOR WHICH
PUBLIC FUNDS ARE AVAILABLE PURSUANT TO THE PROVISIONS OF THIS TITLE,
ELECTS NOT TO ACCEPT PUBLIC FUNDS AND SUCH CANDIDATE OR SUCH CANDIDATE'S
COMMITTEE EITHER SPENDS, CONTRACTS OR OBLIGATES TO SPEND, OR CONTRIBUTES
SUCH CANDIDATE'S PERSONAL FUNDS TO SUCH CANDIDATE'S COMMITTEE OR
RECEIVES IN LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING THE TOTAL OF THE
EXPENDITURE LIMIT FOR SUCH OFFICE, AS FIXED BY THIS TITLE FOR CANDIDATES
WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, PLUS THE FIFTY PERCENT TOTAL
AGGREGATE GRANT ALREADY RECEIVED BY THE PARTICIPATING CANDIDATE, THEN
(I) SUCH CANDIDATE OR COMMITTEE MUST NOTIFY THE STATE BOARD OF THE FACT
WITHIN TWENTY-FOUR HOURS VIA THE INTERNET USING THE ELECTRONIC FILING
SYSTEM ESTABLISHED BY THE STATE BOARD, OR IF SUCH CANDIDATE DOES NOT
FILE ELECTRONICALLY VIA THE INTERNET, BY FACSIMILE OR OVERNIGHT MAIL;
AND (II) THE PARTICIPATING COMMITTEE OF EACH PARTICIPATING CANDIDATE FOR
SUCH OFFICE SHALL BE ENTITLED TO AN ADDITIONAL GRANT OF PUBLIC FUNDS
EQUAL TO TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT OF PUBLIC FUNDS
RECEIVED BY THE PARTICIPATING CANDIDATE FOR MATCHABLE CONTRIBUTIONS
OBTAINED AND REPORTED TO THE STATE BOARD. SUCH GRANT SHALL BE PAID WITH-
IN TWO BUSINESS DAYS AND SHALL ONLY BE USED FOR QUALIFIED CAMPAIGN
EXPENDITURES.
(D) HOWEVER, IF ANY CANDIDATE IN ANY ELECTION FOR AN OFFICE FOR WHICH
PUBLIC FUNDS ARE AVAILABLE PURSUANT TO THE PROVISIONS OF THIS TITLE,
ELECTS NOT TO ACCEPT PUBLIC FUNDS AND SUCH CANDIDATE OR SUCH CANDIDATE'S
COMMITTEE EITHER SPENDS, CONTRACTS OR OBLIGATES TO SPEND, OR CONTRIBUTES
SUCH CANDIDATE'S PERSONAL FUNDS TO SUCH CANDIDATE'S COMMITTEE OR
RECEIVES IN LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING THE TOTAL OF THE
EXPENDITURE LIMIT FOR SUCH OFFICE, AS FIXED BY THIS TITLE FOR CANDIDATES
WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, PLUS THE SEVENTY-FIVE PERCENT
A. 8902--A 10
TOTAL AGGREGATE GRANT ALREADY RECEIVED BY THE PARTICIPATING CANDIDATE,
THEN (I) SUCH CANDIDATE OR COMMITTEE MUST NOTIFY THE STATE BOARD OF THE
FACT WITHIN TWENTY-FOUR HOURS VIA THE INTERNET USING THE ELECTRONIC
FILING SYSTEM ESTABLISHED BY THE STATE BOARD, OR IF SUCH CANDIDATE DOES
NOT FILE ELECTRONICALLY VIA THE INTERNET, BY FACSIMILE OR OVERNIGHT
MAIL; AND (II) THE PARTICIPATING COMMITTEE OF EACH PARTICIPATING CANDI-
DATE FOR SUCH OFFICE SHALL BE ENTITLED TO AN ADDITIONAL GRANT OF PUBLIC
FUNDS EQUAL TO TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT OF PUBLIC FUNDS
RECEIVED BY THE PARTICIPATING CANDIDATE FOR MATCHABLE CONTRIBUTIONS
OBTAINED AND REPORTED TO THE STATE BOARD. SUCH GRANT SHALL BE PAID WITH-
IN TWO BUSINESS DAYS AND MAY ONLY BE USED FOR QUALIFIED CAMPAIGN EXPEND-
ITURES.
4. (A) NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS
UNOPPOSED IN A PRIMARY ELECTION SHALL BE ENTITLED TO PAYMENT FROM THE
FUND FOR QUALIFIED CAMPAIGN EXPENDITURES.
(B) WHERE THERE IS A CONTEST IN SUCH PRIMARY FOR THE NOMINATION OF AT
LEAST ONE OTHER PARTY FOR SUCH OFFICE, THE PARTICIPATING COMMITTEE OF AN
UNOPPOSED PARTICIPATING CANDIDATE FOR NOMINATION MAY RAISE AND SPEND AN
AMOUNT EQUAL TO ONE-HALF THE EXPENDITURE LIMIT FOR SUCH OFFICE, AS FIXED
BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS,
WITH CONTRIBUTIONS OF UP TO TWO THOUSAND DOLLARS PER CONTRIBUTOR. SUCH
PAYMENT CAN ONLY BE EXPENDED FOR PROPERTY, SERVICES OR FACILITIES USED
ON OR BEFORE THE DATE OF SUCH PRIMARY ELECTION.
5. THE STATE BOARD SHALL PROMPTLY EXAMINE ALL REPORTS OF CONTRIBUTIONS
TO DETERMINE WHETHER, ON THEIR FACE, THEY MEET THE REQUIREMENTS FOR
MATCHABLE CONTRIBUTIONS, AND SHALL KEEP A RECORD OF SUCH CONTRIBUTIONS.
6. THE STATE BOARD SHALL PROMULGATE REGULATIONS FOR THE CERTIFICATION
OF THE AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER, FROM THE FUND ESTAB-
LISHED 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 STATE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL MAKE
POSSIBLE PAYMENT BY THE FUND WITHIN FOUR BUSINESS DAYS AFTER RECEIPT OF
THE REQUIRED FORMS AND VERIFICATIONS.
S 14-208. CONTRIBUTION AND RECEIPT LIMITATIONS. 1. IN ANY PRIMARY,
SPECIAL OR GENERAL ELECTION FOR ANY STATEWIDE OFFICE, STATE LEGISLATIVE
OFFICE OR CONSTITUTIONAL CONVENTION DELEGATE NO CONTRIBUTOR MAY MAKE A
CONTRIBUTION TO ANY PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S PARTIC-
IPATING COMMITTEE, AND NO PARTICIPATING CANDIDATE OR PARTICIPATING
COMMITTEE MAY ACCEPT ANY CONTRIBUTION FROM ANY CONTRIBUTOR WHICH, IN THE
AGGREGATE AMOUNT, IS GREATER THAN TWO THOUSAND DOLLARS.
2. (A) NOTWITHSTANDING THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED
BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, A
PARTICIPATING CANDIDATE FOR GOVERNOR OR LIEUTENANT GOVERNOR IN A PRIMARY
OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE MAY
ACCEPT FROM A STATE PARTY COMMITTEE WHICH HAS NOMINATED SUCH CANDIDATE
SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT EXCEED TWO
MILLION FIVE HUNDRED THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT
TWENTY-FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A
TRANSFER.
(B) NOTWITHSTANDING THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED BY
THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, A
PARTICIPATING CANDIDATE FOR ATTORNEY GENERAL OR COMPTROLLER IN A PRIMARY
OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE MAY
A. 8902--A 11
ACCEPT FROM A STATE PARTY COMMITTEE WHICH HAS NOMINATED SUCH CANDIDATE
SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT EXCEED ONE
MILLION DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE PERCENT OF SUCH
AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
(C) NOTWITHSTANDING THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED BY
THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, A
PARTICIPATING CANDIDATE FOR STATE SENATOR IN A PRIMARY, GENERAL OR
SPECIAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE MAY ACCEPT
FROM A STATE PARTY COMMITTEE WHICH HAS NOMINATED SUCH CANDIDATE SERVICES
IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT EXCEED ONE HUNDRED THOU-
SAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE PERCENT OF SUCH AMOUNT
MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
(D) NOTWITHSTANDING THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED BY
THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, A
PARTICIPATING CANDIDATE FOR MEMBER OF THE ASSEMBLY IN A PRIMARY, GENERAL
OR SPECIAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE MAY
ACCEPT FROM A STATE PARTY COMMITTEE WHICH HAS NOMINATED SUCH CANDIDATE
SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT EXCEED FIFTY
THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE PERCENT OF SUCH
AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
(E) NOTWITHSTANDING THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED BY
THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, A
PARTICIPATING CANDIDATE FOR DELEGATE AT-LARGE TO A CONSTITUTIONAL
CONVENTION IN A GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING
COMMITTEE MAY ACCEPT FROM A STATE PARTY COMMITTEE WHICH HAS NOMINATED
SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT
EXCEED FIFTY THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE
PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
(F) NOTWITHSTANDING THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED BY
THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, A
PARTICIPATING CANDIDATE FOR DISTRICT DELEGATE TO A CONSTITUTIONAL
CONVENTION IN A GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING
COMMITTEE MAY ACCEPT FROM A STATE PARTY COMMITTEE WHICH HAS NOMINATED
SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT
EXCEED TEN THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE PERCENT
OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
(G) FOR PURPOSES OF THIS SUBDIVISION, THE TERM STATE PARTY COMMITTEE
INCLUDES ANY OF ITS SUBCOMMITTEES.
3. NOTWITHSTANDING ANY EXPENDITURE LIMIT IN THIS SUBDIVISION, EACH
COUNTY COMMITTEE OF ANY PARTY WHICH NOMINATES A CANDIDATE FOR STATEWIDE
OFFICE OR STATE LEGISLATIVE OFFICE, INCLUDING WITHIN THE TERM COUNTY
COMMITTEE ANY OF ITS SUBCOMMITTEES, MAY EXPEND IN SUPPORT OF SUCH
PARTY'S CANDIDATES FOR STATEWIDE OFFICE OR STATE LEGISLATIVE OFFICE WHO
HAS AGREED TO ACCEPT PUBLIC FINANCING, AN AMOUNT WHICH SHALL NOT EXCEED
THE SUM OF TWO CENTS FOR EACH VOTER REGISTERED IN SUCH COUNTY AS DETER-
MINED BY THE RECORDS OF THE APPROPRIATE BOARD OF ELECTIONS AS OF THE
PRECEDING GENERAL ELECTION.
4. IN COMPUTING THE AGGREGATE AMOUNT EXPENDED FOR PURPOSES OF THIS
SECTION, EXPENDITURES MADE BY A STATE PARTY COMMITTEE OR A COUNTY
COMMITTEE IN SUPPORT OF MORE THAN ONE CANDIDATE SHALL BE ALLOCATED AMONG
SUCH CANDIDATES SUPPORTED BY THE COMMITTEE IN ACCORDANCE WITH FORMULAS
PROMULGATED BY THE STATE BOARD OR, IN THE ABSENCE OF SUCH OFFICIAL
FORMULAS, IN ACCORDANCE WITH A FORMULA BASED UPON REASONABLE STANDARDS.
THE STATEMENTS FILED BY SUCH PARTY COMMITTEE IN ACCORDANCE WITH THIS
CHAPTER SHALL SET FORTH, IN ADDITION TO THE OTHER INFORMATION REQUIRED,
THE TOTAL AMOUNT EXPENDED BY THE PARTY COMMITTEE ON BEHALF OF ALL SUCH
A. 8902--A 12
CANDIDATES AND THE AMOUNT ALLOCATED TO EACH CANDIDATE BY DOLLAR AMOUNT
AND PERCENTAGE. EXPENDITURES BY A PARTY FOR ACTIVITIES WHICH DO NOT
SUPPORT OR OPPOSE THE ELECTION OF ANY CANDIDATE OR CANDIDATES BY NAME OR
BY CLEAR INFERENCE SHALL NOT BE REGARDED AS EXPENDITURES ON BEHALF OF OR
IN OPPOSITION TO A CANDIDATE.
5. A PARTICIPATING CANDIDATE FOR A PUBLIC OFFICE FOR WHICH PUBLIC
FUNDS ARE AVAILABLE PURSUANT TO THIS TITLE SHALL NOT ACCEPT ANY CONTRIB-
UTIONS ANY EARLIER THAN ONE DAY AFTER THE PREVIOUS GENERAL ELECTION FOR
THE OFFICE WHICH SUCH CANDIDATE IS SEEKING, OR ANY LATER THAN THE DAY OF
THE GENERAL ELECTION FOR THE OFFICE SOUGHT, EXCEPT THAT A PARTICIPATING
CANDIDATE OR PARTICIPATING COMMITTEE WHICH HAS A DEFICIT ON THE DAY OF
THE GENERAL ELECTION MAY, AFTER SUCH DATE, ACCEPT CONTRIBUTIONS WHICH DO
NOT EXCEED THE AMOUNT OF SUCH DEFICIT AND THE EXPENSES INCURRED IN RAIS-
ING SUCH CONTRIBUTIONS OR THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED
BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS.
CONTRIBUTIONS TO A PARTICIPATING CANDIDATE OR PARTICIPATING COMMITTEE
WHICH WERE RECEIVED BEFORE THE EFFECTIVE DATE OF THIS TITLE MAY NOT BE
EXPANDED IN ANY ELECTION FOR ANY SUCH OFFICE.
6. EXCEPT FOR THE LIMITATIONS SPECIFICALLY SET FORTH IN THIS SECTION,
PARTICIPATING CANDIDATES SHALL BE SUBJECT TO THE PROVISIONS OF THIS
ARTICLE.
S 14-210. EXPENDITURE LIMITATIONS. THE FOLLOWING EXPENDITURE LIMITA-
TIONS APPLY TO ALL EXPENDITURES BY PARTICIPATING CANDIDATES AND THEIR
PARTICIPATING COMMITTEES RECEIVING PUBLIC FUNDS PURSUANT TO THE
PROVISIONS OF THIS TITLE:
1. (A) IN ANY PRIMARY ELECTION, EXPENDITURES BY PARTICIPATING CANDI-
DATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
(I) FOR GOVERNOR, THE SUM OF ONE DOLLAR AND TEN CENTS FOR EACH VOTER
ENROLLED IN THE CANDIDATE'S PARTY IN THE STATE; PROVIDED, HOWEVER, SUCH
SUM SHALL NOT BE LESS THAN NINE HUNDRED THOUSAND DOLLARS NOR MORE THAN
NINE MILLION DOLLARS;
(II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
OF ONE DOLLAR AND TEN CENTS FOR EACH VOTER ENROLLED IN THE CANDIDATE'S
PARTY IN THE STATE; PROVIDED, HOWEVER, SUCH SUM SHALL NOT BE LESS THAN
SIX HUNDRED THOUSAND DOLLARS NOR MORE THAN SIX MILLION DOLLARS;
(III) FOR SENATOR, THE SUM OF TWO DOLLARS AND FIFTY CENTS FOR EACH
VOTER ENROLLED IN THE CANDIDATE'S PARTY IN THE SENATE DISTRICT;
PROVIDED, HOWEVER, SUCH SUM SHALL NOT BE LESS THAN THIRTY-FIVE THOUSAND
DOLLARS NOR MORE THAN THREE HUNDRED FIFTY THOUSAND DOLLARS;
(IV) FOR MEMBER OF THE ASSEMBLY, THE SUM OF TWO DOLLARS AND FIFTY
CENTS FOR EACH VOTER ENROLLED IN THE CANDIDATE'S PARTY IN THE ASSEMBLY
DISTRICT; PROVIDED, HOWEVER, SUCH SUM SHALL NOT BE LESS THAN FIFTEEN
THOUSAND DOLLARS NOR MORE THAN ONE HUNDRED FIFTY THOUSAND DOLLARS;
(V) FOR AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION, THE SUM OF
FIFTEEN CENTS FOR EACH VOTER ENROLLED IN THE CANDIDATE'S PARTY IN THE
STATE; PROVIDED, HOWEVER, SUCH SUM SHALL NOT BE LESS THAN SEVENTY-FIVE
THOUSAND DOLLARS NOR MORE THAN ONE HUNDRED SEVENTY-FIVE THOUSAND
DOLLARS;
(VI) FOR DISTRICT DELEGATES TO A CONSTITUTIONAL CONVENTION, THE SUM OF
ONE DOLLAR AND TEN CENTS FOR EACH VOTER ENROLLED IN THE CANDIDATE'S
PARTY IN THE DISTRICT; PROVIDED, HOWEVER, SUCH SUM SHALL NOT BE LESS
THAN FIVE THOUSAND DOLLARS NOR MORE THAN FIFTY THOUSAND DOLLARS;
(B) THE ENROLLMENT NUMBERS USED TO CALCULATE THE EXPENDITURE LIMITS
PROVIDED FOR IN THIS SUBDIVISION SHALL BE THE ENROLLMENTS DULY REPORTED
BY THE APPROPRIATE BOARD OR BOARDS OF ELECTION AS OF THE LAST GENERAL
ELECTION PRECEDING THE PRIMARY ELECTION.
A. 8902--A 13
2. IN ANY GENERAL OR SPECIAL ELECTION, EXPENDITURES BY PARTICIPATING
CANDIDATES FOR THE FOLLOWING OFFICES AND BY THEIR PARTICIPATING COMMIT-
TEES SHALL NOT EXCEED THE FOLLOWING AMOUNTS:
CANDIDATES FOR ELECTION TO THE OFFICE OF:
GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED) $12,000,000
ATTORNEY GENERAL $8,000,000
COMPTROLLER $8,000,000
MEMBER OF SENATE $350,000
MEMBER OF ASSEMBLY $150,000
DELEGATE AT-LARGE TO A CONSTITUTIONAL CONVENTION $350,000
DISTRICT DELEGATE TO A CONSTITUTIONAL CONVENTION $75,000
3. PARTICIPATING CANDIDATES FOR OFFICE WHO ARE UNOPPOSED IN THE PRIMA-
RY ELECTION MAY EXPEND BEFORE THE PRIMARY ELECTION, FOR SERVICES, MATE-
RIALS OR FACILITIES USED ON OR BEFORE THE DATE OF SUCH PRIMARY ELECTION,
AN AMOUNT EQUAL TO HALF THE SUM SUCH CANDIDATES WOULD BE ENTITLED TO
SPEND IF THEIR NOMINATION WAS CONTESTED IN SUCH PRIMARY ELECTION
PROVIDED THERE IS A PRIMARY CONTEST FOR THE NOMINATION OF AT LEAST ONE
OTHER PARTY FOR SUCH OFFICE.
4. EXPENDITURES FOR LEGAL FEES AND REASONABLE EXPENSES TO DEFEND THE
VALIDITY OF PETITIONS OF DESIGNATION OR NOMINATION OR CERTIFICATES OF
NOMINATION, ACCEPTANCE, AUTHORIZATION, DECLINATION OR SUBSTITUTION, OR
TO SUCCESSFULLY CHALLENGE ANY SUCH PETITION OR CERTIFICATE ON GROUNDS OF
FRAUD, OR FOR EXPENSES INCURRED TO COMPLY WITH THE CAMPAIGN FINANCE
REPORTING REQUIREMENTS OF THIS ARTICLE, SHALL NOT BE SUBJECT TO THE
EXPENDITURE LIMITS OF THIS SUBDIVISION.
S 14-212. EXAMINATIONS AND AUDITS; REPAYMENTS. 1. THE STATE BOARD
SHALL CONDUCT A THOROUGH EXAMINATION AND AUDIT OF THE CONTRIBUTIONS AND
QUALIFIED CAMPAIGN EXPENSES OF THE PARTICIPATING COMMITTEE OF EVERY
PARTICIPATING CANDIDATE WHO RECEIVED PAYMENTS PURSUANT TO SECTION 14-206
OF THIS TITLE.
2. (A) IF THE STATE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT
MADE TO A PARTICIPATING COMMITTEE FROM THE FUND WAS IN EXCESS OF THE
AGGREGATE AMOUNT OF PAYMENTS TO WHICH SUCH ELIGIBLE CANDIDATE WAS ENTI-
TLED PURSUANT TO SECTION 14-206 OF THIS TITLE, IT SHALL NOTIFY SUCH
COMMITTEE OF THE EXCESS AMOUNT AND SUCH COMMITTEE SHALL PAY TO THE STATE
BOARD AN AMOUNT EQUAL TO THE AMOUNT OF EXCESS PAYMENTS.
(B) IF THE STATE BOARD DETERMINES THAT ANY AMOUNT OF PAYMENT MADE TO A
PARTICIPATING COMMITTEE FROM THE FUND WAS USED FOR PURPOSES OTHER THAN
TO DEFRAY QUALIFIED CAMPAIGN EXPENSES, IT SHALL NOTIFY SUCH PARTICIPAT-
ING COMMITTEE OF THE AMOUNT DISQUALIFIED AND SUCH PARTICIPATING COMMIT-
TEE SHALL PAY TO THE STATE BOARD AN AMOUNT EQUAL TO SUCH DISQUALIFIED
AMOUNT.
(C) IF THE TOTAL OF CONTRIBUTIONS AND PAYMENTS FROM THE FUND RECEIVED
BY ANY PARTICIPATING CANDIDATE AND SUCH CANDIDATE'S PARTICIPATING
COMMITTEE, EXCEEDS THE CAMPAIGN EXPENDITURES OF SUCH CANDIDATE AND
COMMITTEE, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS FUNDS TO
REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH COMMITTEE FROM THE FUND
NOT LATER THAN TEN DAYS AFTER ALL PERMISSIBLE LIABILITIES HAVE BEEN PAID
AND IN ANY EVENT, NOT LATER THAN MARCH THIRTY-FIRST OF THE YEAR FOLLOW-
ING THE YEAR OF THE ELECTION FOR WHICH SUCH PAYMENTS WERE INTENDED. NO
SUCH EXCESS FUNDS SHALL BE USED FOR ANY OTHER PURPOSE.
3. IF A COURT OF COMPETENT JURISDICTION DISQUALIFIES A CANDIDATE WHOSE
PARTICIPATING COMMITTEE HAS RECEIVED PUBLIC FUNDS ON THE GROUNDS THAT
SUCH CANDIDATE COMMITTED FRAUDULENT ACTS IN ORDER TO OBTAIN A PLACE ON
THE BALLOT AND SUCH DECISION IS NOT REVERSED BY A HIGHER COURT, SUCH
CANDIDATE AND SUCH CANDIDATE'S PARTICIPATING COMMITTEE SHALL PAY TO THE
A. 8902--A 14
STATE BOARD AN AMOUNT EQUAL TO THE TOTAL OF PUBLIC FUNDS RECEIVED BY
SUCH PARTICIPATING COMMITTEE.
4. THE STATE BOARD MUST PROVIDE WRITTEN NOTICE OF ALL PAYMENTS DUE
FROM A PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE TO THE
STATE BOARD AND PROVIDE AN OPPORTUNITY FOR THE CANDIDATE OR COMMITTEE TO
REBUT, IN WHOLE OR IN PART, THE ALLEGED AMOUNT DUE. UPON A FINAL WRITTEN
DETERMINATION BY THE STATE BOARD, THE AMOUNT DUE SHALL BE PAID TO THE
STATE BOARD WITHIN THIRTY DAYS OF SUCH DETERMINATION.
5. ALL PAYMENTS RECEIVED BY THE STATE BOARD PURSUANT TO THIS SECTION
SHALL BE DEPOSITED IN THE NEW YORK STATE CAMPAIGN FINANCE FUND ESTAB-
LISHED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
S 14-214. CIVIL PENALTIES. 1. ANY PERSON WHO FAILS TO FILE A STATEMENT
OR RECORD REQUIRED TO BE FILED BY THIS TITLE OR THE RULES OR REGULATIONS
OF THE STATE BOARD IN IMPLEMENTATION THEREOF SHALL BE SUBJECT TO A CIVIL
PENALTY, NOT IN EXCESS OF FIVE THOUSAND DOLLARS, TO BE RECOVERABLE IN A
SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE STATE BOARD.
2. IF THE AGGREGATE AMOUNT OF EXPENDITURES BY A PARTICIPATING CANDI-
DATE AND SUCH CANDIDATE'S PARTICIPATING COMMITTEE EXCEEDS THE EXPENDI-
TURE LIMITATIONS CONTAINED IN THIS TITLE SUCH PARTICIPATING CANDIDATE
SHALL BE LIABLE FOR A CIVIL PENALTY IN AN AMOUNT EQUAL TO THREE TIMES
THE SUM BY WHICH SUCH EXPENDITURES EXCEED THE PERMITTED AMOUNT, TO BE
RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE STATE
BOARD.
3. ALL PAYMENTS RECEIVED BY THE STATE BOARD PURSUANT TO THIS SECTION
SHALL BE DEPOSITED IN THE NEW YORK STATE CAMPAIGN FINANCE FUND ESTAB-
LISHED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
S 8. The election law is amended by adding a new section 16-103 to
read as follows:
S 16-103. PROCEEDINGS AS TO PUBLIC FINANCING. 1. THE DETERMINATION OF
ELIGIBILITY PURSUANT TO SECTION 14-202 OF THIS CHAPTER AND ANY QUESTION
OR ISSUE RELATING TO PAYMENTS FOR QUALIFIED CAMPAIGN EXPENDITURES PURSU-
ANT TO SECTION 14-206 OF THIS CHAPTER MAY BE CONTESTED IN A PROCEEDING
INSTITUTED IN THE SUPREME COURT, ALBANY COUNTY, BY ANY AGGRIEVED CANDI-
DATE.
2. A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY OR
PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO SECTION 14-206
OF THIS CHAPTER SHALL BE INSTITUTED WITHIN SEVEN DAYS AFTER SUCH DETER-
MINATION WAS MADE. THE STATE BOARD SHALL BE MADE A PARTY TO ANY SUCH
PROCEEDING.
3. UPON THE STATE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE FROM A
PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE AFTER THE ISSUANCE
OF WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED BY SUBDIVISION FOUR OF
SECTION 14-212 OF THIS CHAPTER, THE STATE BOARD IS AUTHORIZED TO INSTI-
TUTE A SPECIAL PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY COUN-
TY, TO OBTAIN A JUDGMENT FOR ANY AMOUNTS DETERMINED TO BE PAYABLE TO THE
STATE BOARD AS A RESULT OF AN EXAMINATION AND AUDIT MADE PURSUANT TO
TITLE II OF ARTICLE FOURTEEN OF THIS CHAPTER.
4. THE STATE BOARD IS AUTHORIZED TO INSTITUTE A SPECIAL PROCEEDING OR
CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A JUDGMENT FOR
CIVIL PENALTIES DETERMINED TO BE PAYABLE TO THE STATE BOARD PURSUANT TO
SECTION 14-214 OF THIS CHAPTER.
S 9. The election law is amended by adding a new section 4-115 to read
as follows:
S 4-115. NOTICE TO THE STATE BOARD OF ELECTIONS OF CANDIDATES FOR THE
LEGISLATURE. 1. EACH BOARD OF ELECTIONS WITH WHICH PETITIONS ARE FILED
FOR MEMBER OF THE STATE LEGISLATURE SHALL, NOT LATER THAN ONE WEEK AFTER
A. 8902--A 15
THE LAST DAY TO FILE SUCH PETITIONS, SEND NOTICE TO THE STATE BOARD OF
ELECTIONS OF SUCH INFORMATION ABOUT EACH SUCH PETITION AS THE STATE
BOARD SHALL REQUIRE.
2. EACH SUCH COUNTY BOARD OF ELECTIONS SHALL, NOT LATER THAN THE DAY
AFTER THE LAST DAY TO FILE A PETITION OR CERTIFICATE OF NOMINATION FOR A
GENERAL OR SPECIAL ELECTION OR A CERTIFICATE OF ACCEPTANCE, DECLINATION
OR SUBSTITUTION FOR A GENERAL, PRIMARY OR SPECIAL ELECTION FOR ANY SUCH
OFFICE, SEND TO THE STATE BOARD OF ELECTIONS SUCH INFORMATION ABOUT EACH
SUCH PETITION OR CERTIFICATE AS THE STATE BOARD SHALL REQUIRE.
3. IF ANY SUCH COUNTY BOARD OF ELECTIONS SHOULD DISQUALIFY ANY SUCH
CANDIDATE OR RULE THE PETITION OR CERTIFICATE DESIGNATING OR NOMINATING
ANY SUCH CANDIDATE INVALID, IT SHALL FORTHWITH NOTIFY THE STATE BOARD OF
ELECTIONS OF SUCH DECISION.
4. IF ANY SUCH COUNTY BOARD OF ELECTIONS SHALL BE NOTIFIED OF A DECI-
SION OF A COURT OF COMPETENT JURISDICTION DISQUALIFYING ANY SUCH CANDI-
DATE OR DECLARING ANY SUCH PETITION INVALID OR REVERSING ANY SUCH DECI-
SION BY SUCH BOARD OF ELECTIONS OR ANOTHER COURT, SUCH BOARD OF
ELECTIONS SHALL FORTHWITH NOTIFY THE STATE BOARD OF ELECTIONS OF SUCH
DECISION.
5. THE STATE BOARD OF ELECTIONS MAY PRESCRIBE FORMS FOR THE NOTICES
REQUIRED BY THIS SECTION AND SHALL PRESCRIBE THE MANNER IN WHICH SUCH
NOTICES SHALL BE GIVEN.
S 10. The state finance law is amended by adding a new section 92-t to
read as follows:
S 92-T. NEW YORK STATE CAMPAIGN FINANCE FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW YORK
STATE CAMPAIGN FINANCE FUND.
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE NEW YORK
STATE CAMPAIGN FINANCE FUND CHECK-OFF PURSUANT TO SUBSECTION (F) OF
SECTION SIX HUNDRED FIFTY-EIGHT OF THE TAX LAW, FROM THE GENERAL FUND,
AND FROM ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER
FUND OR SOURCE PURSUANT TO LAW.
3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT
TO TITLE II OF ARTICLE FOURTEEN OF THE ELECTION LAW. MONEYS SHALL BE
PAID OUT OF THE FUND ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER
ON VOUCHERS CERTIFIED OR APPROVED BY THE STATE BOARD OF ELECTIONS, OR
ITS DULY DESIGNATED REPRESENTATIVE, IN THE MANNER PRESCRIBED BY LAW, NOT
MORE THAN FOUR 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, ANY SUCH DEFICIENCY SHALL
BE PAID, UPON AUDIT AND WARRANT OF 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 FIFTEEN, IF THE SURPLUS IN THE FUND ON
APRIL FIRST OF THE YEAR AFTER A YEAR IN WHICH A GOVERNOR IS 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.
6. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
PRIMARY ELECTION ANY EARLIER THAN THE DAY THAT SUCH CANDIDATE IS CERTI-
FIED AS BEING ON THE BALLOT FOR SUCH PRIMARY ELECTION.
A. 8902--A 16
7. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF THE PRIMARY
ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
8. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
SPECIAL ELECTION ANY EARLIER THAN THE DAY AFTER THE LAST DAY TO FILE
CERTIFICATES OF PARTY NOMINATION FOR SUCH SPECIAL ELECTION.
9. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN DECLARED
INVALID BY THE APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER
AUTHORITY. NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDI-
DATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON THE DATE OF SUCH
DISQUALIFICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY
PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE. ALL
SUCH MONEYS SHALL BE REPAID TO THE FUND.
S 11. Section 658 of the tax law is amended by adding a new subsection
(f) to read as follows:
(F) NEW YORK STATE CAMPAIGN FINANCE FUND CHECK-OFF. (1) FOR EACH
TAXABLE YEAR BEGINNING ON AND AFTER JANUARY FIRST, TWO THOUSAND TEN,
EVERY INDIVIDUAL WHOSE NEW YORK STATE INCOME TAX LIABILITY FOR THE TAXA-
BLE YEAR FOR WHICH THE RETURN IS FILED IS FIVE DOLLARS OR MORE MAY
DESIGNATE ON SUCH RETURN THAT FIVE DOLLARS BE PAID INTO THE NEW YORK
STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T OF THE
STATE FINANCE LAW. WHERE A HUSBAND AND WIFE FILE A JOINT RETURN AND
HAVE A NEW YORK STATE INCOME TAX LIABILITY FOR THE TAXABLE YEAR FOR
WHICH THE RETURN IS FILED OF TEN DOLLARS OR MORE, OR FILE SEPARATE
RETURNS ON A SINGLE FORM, EACH SUCH TAXPAYER MAY MAKE SEPARATE DESIG-
NATIONS ON SUCH RETURN OF FIVE DOLLARS TO BE PAID INTO THE NEW YORK
STATE CAMPAIGN FINANCE FUND.
(2) THE COMMISSIONER SHALL TRANSFER TO THE NEW YORK STATE CAMPAIGN
FINANCE FUND, ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE STATE
FINANCE LAW, AN AMOUNT EQUAL TO FIVE DOLLARS MULTIPLIED BY THE NUMBER OF
DESIGNATIONS.
(3) FOR PURPOSES OF THIS SUBSECTION, THE INCOME TAX LIABILITY OF AN
INDIVIDUAL FOR ANY TAXABLE YEAR IS THE AMOUNT OF TAX IMPOSED UNDER THIS
ARTICLE REDUCED BY THE SUM OF THE CREDITS (AS SHOWN IN HIS OR HER
RETURN) ALLOWABLE UNDER THIS ARTICLE.
(4) THE DEPARTMENT SHALL INCLUDE A PLACE ON EVERY PERSONAL INCOME TAX
RETURN FORM TO BE FILED BY AN INDIVIDUAL FOR A TAX YEAR BEGINNING ON OR
AFTER JANUARY FIRST, TWO THOUSAND TEN, IMMEDIATELY ABOVE THE CERTIF-
ICATION UNDER WHICH THE TAXPAYER IS REQUIRED TO SIGN SUCH FORM, FOR SUCH
TAXPAYER TO MAKE THE DESIGNATIONS DESCRIBED IN PARAGRAPH ONE OF THIS
SUBSECTION. SUCH RETURN FORM SHALL CONTAIN A CONCISE EXPLANATION OF THE
PURPOSE OF SUCH OPTIONAL DESIGNATIONS.
S 12. Campaign finance review panel. 1. There is hereby created and
established the "campaign finance review panel". The panel shall consist
of the commissioner of taxation and finance, the director of the divi-
sion of the budget, the state comptroller and the two members of the
state board of elections who rotate as chairperson of the board. The
commissioner of taxation and finance shall be chairperson.
2. The panel is empowered and it shall be its duty to monitor and
review the implementation of the 2010 Campaign Finance Reform Act. The
panel shall report to the governor and the legislature on March 31, 2012
and on March 31, 2014. The report shall include: (a) the number of
candidates qualifying and opting for public financing, the amounts
expended for this purpose in the preceding fiscal year and a projection
A. 8902--A 17
of the number of candidates likely to qualify and opt for public financ-
ing and their expenditures in future elections; (b) an analysis of the
effect of the 2010 Campaign Finance Reform Act on political campaigns,
including its effect on the sources and amounts of private financing,
the level of campaign expenditures, voter participation, the number of
candidates and the candidate's ability to campaign effectively for
public office; (c) a review of the procedures utilized in providing
public funds to candidates; and (d) such recommended changes in the 2010
Campaign Finance Reform Act as it deems appropriate.
S 13. Severability. If any clause, sentence, subdivision, paragraph,
section or part of title II of article 14 of the election law, as added
by section seven of this act be adjudged 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 clause, sentence, subdivision, paragraph, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered.
S 14. This act shall take effect immediately; provided, however,
candidates for state comptroller will be eligible to participate in the
public financing system beginning with the 2010 election, all state
candidates and constitutional convention delegates will be eligible to
participate in the public financing system beginning with the 2014
election and state legislature candidates will be eligible to partic-
ipate in the public financing system beginning with the 2016 election.
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