S. 2414 2
2. a. The person or persons eligible and receiving the highest number
of votes for an office shall be elected thereto.
b. In the event that more eligible persons than the number remaining
to be elected receive for the same office or offices an equal number of
votes, the [board of trustees shall conduct a run-off election. Such
run-off election shall be held on the first Tuesday at least ten days
after the final certification of such tie result, subject to the
provisions of paragraph b of subdivision three of section 15-104 of this
article, provided, however, that the only persons who shall be deemed
nominated shall be those persons who shall have received such equal
number of votes. The order of the candidates names on the ballot shall
be determined by a drawing conducted by a village clerk, in the presence
of all those persons who received such equal number of votes, or a
representative of such persons.
c. Such run-off election may be waived and the selection made by lot
as otherwise provided by this section if each person who shall have
received such equal number of votes shall file with the village clerk,
no later than two days after such final certification of such tie
result, a written notice of consent that such selection be made by lot.
d. If a waiver of such run-off election shall occur, the] village
clerk, no later than two days after receiving written notice [of consent
that such selection be made by lot], shall certify such facts in writing
to any supreme court justice within the judicial district in which such
village is located and shall within three days summon the candidates
before him or her and he or she shall by lot determine which of them
shall be elected.
S 6. Section 16-116 of the election law is amended to read as follows:
S 16-116. Proceedings; provisions in relation thereto. A special
proceeding under the foregoing provisions of this article shall be heard
upon a verified petition and such oral or written proof as may be
offered, and upon such notice to such officers, persons or committees as
the court or justice shall direct, and shall be summarily determined.
The proceeding shall have preference over all other causes in all
courts. The petition in any such proceeding instituted by the state or
other board of elections shall be verified by the persons specified in
accordance with rules promulgated by the state board of elections. [In
the city of New York, a proceeding relating to a run-off primary brought
pursuant to this article shall have first preference over all other
proceedings.]
S 7. Paragraph f of subdivision 1 of section 11 of the municipal home
rule law, as amended by chapter 21 of the laws of 1992, is amended to
read as follows:
f. Applies to or affects any provision of paragraph [(c)] (B) of
subdivision one of section 8-100 of the election law, the labor law,
sections two, three and four of chapter one thousand eleven of the laws
of nineteen hundred sixty-eight, entitled "An act in relation to the
maximum hours of labor of certain municipal and fire district firemen
and the holidays of firemen and policemen, repealing certain sections of
the labor law relating thereto, and to amend the municipal home rule
law, in relation thereto," as amended, the volunteer [firemen's] FIRE-
FIGHTERS' benefit law, or the [workmen's] WORKERS' compensation law or
changes any provision of the multiple residence law or the multiple
dwelling law, except that in a city of one million persons or more, the
provisions of local law for the enforcement of the housing code which is
not less restrictive than the multiple dwelling law may be applied in
the enforcement of the multiple dwelling law.
S. 2414 3
S 8. Subdivision 10 of section 3-702 of the administrative code of the
city of New York, as amended by local law number 12 of the city of New
York for the year 2003, is amended to read as follows:
10. The term "covered election" shall mean any primary, [run-off
primary,] special[, run-off special] or general election for nomination
for election, or election, to the office of mayor, public advocate,
comptroller, borough president or member of the city council.
S 9. Paragraph (f) of subdivision 1 of section 3-703 of the adminis-
trative code of the city of New York, as amended by local law number 105
of the city of New York for the year 2005, is amended to read as
follows:
(f) not accept and his or her principal committee or authorized
committees must not accept, either directly or by transfer, any contrib-
ution or contributions from any one individual, partnership, political
committee, labor organization or other entity for all covered elections
held in the same calendar year in which he or she is a participating
candidate or a non-participating candidate which in the aggregate: (i)
for the office of mayor, public advocate or comptroller shall exceed
four thousand five hundred dollars, or (ii) for borough president, shall
exceed three thousand five hundred dollars, or (iii) for member of the
city council, shall exceed two thousand five hundred dollars; provided
that a participating candidate and his or her principal committee or a
non-participating candidate and his or her authorized committees may
accept additional contributions which do not exceed one half the amount
of the applicable limitation for any [run-off primary election,] addi-
tional day for voting held pursuant to section 3-108 of the New York
state election law, special election to fill a vacancy, [run-off special
election to fill a vacancy,] delayed or otherwise postponed election, or
election held pursuant to court order which is a covered election and in
which the candidate seeks nomination for election or election; and
provided further that for the purposes of this paragraph, contributions
made by different labor organizations shall not be aggregated or treated
as contributions from a single contributor for purposes of the contrib-
ution limit that is set forth in this paragraph if those labor organiza-
tions make contributions from different accounts, maintain separate
accounts with different signatories, do not share a majority of members
of their governing boards, and do not share a majority of the officers
of their governing boards; and provided further that if state law
prescribes a contribution limitation of a lesser amount, this paragraph
shall not be deemed to authorize acceptance of a contribution in excess
of such lesser amount. The maximum contributions set forth in this
paragraph shall be adjusted in accordance with subdivision seven of this
section;
S 10. Subdivision 1-a of section 3-703 of the administrative code of
the city of New York, as amended by local law number 67 of the city of
New York for the year 2007, is amended to read as follows:
1-a. Notwithstanding any inconsistent provision of this section, a
participating candidate or his or her principal committee may not
accept, either directly or by transfer, any contribution or contrib-
utions for a covered election in which he or she is a participating
candidate from a natural person who has business dealings with the city,
as that term is defined in subdivision eighteen of section 3-702 of this
chapter, if the aggregate of such contributions to such candidate from
such person for all covered elections in the same calendar year exceeds:
(i) for the office of mayor, public advocate or comptroller four hundred
dollars; (ii) for borough president three hundred twenty dollars; and
S. 2414 4
(iii) for member of the city council two hundred fifty dollars; provided
that a participating candidate or his or her principal committee may
accept additional contributions which do not exceed one half the amount
of the applicable limitation for any [run-off primary election,] addi-
tional day for voting held pursuant to section 3-108 of the New York
state election law, special election to fill a vacancy, [run-off special
election to fill a vacancy,] delayed or otherwise postponed election, or
election held pursuant to court order which is a covered election and in
which the candidate seeks nomination for election or election. Any
contribution made pursuant to this section shall not be a matchable
contribution. For purposes of this subdivision, "person" shall include
any chief executive officer, chief financial officer and/or chief oper-
ating officer of an entity which has business dealings with the city,
any person employed in a senior managerial capacity regarding such an
entity, or any person with an interest in such an entity which exceeds
ten percent of the entity. For purposes of this subdivision, the phrase
"senior managerial capacity" shall mean a high level supervisory capaci-
ty, either by virtue of title or duties, in which substantial discretion
and oversight is exercised over the solicitation, letting or adminis-
tration of business transactions with the city, including contracts,
franchises, concessions, grants, economic development agreements and
applications for land use approvals. Notwithstanding any provision of
this subdivision, the limitations on contributions contained herein
shall not apply to any contribution made by a natural person who has
business dealings with the city to a participating candidate or his or
her principal committee where such participating candidate is the
contributor, or where such participating candidate is the contributor's
parent, spouse, domestic partner, sibling, child, grandchild, aunt,
uncle, cousin, niece or nephew by blood or by marriage.
S 11. Subdivision 5 of section 3-705 of the administrative code of the
city of New York is REPEALED.
S 12. Paragraph (b) of subdivision 1 of section 3-706 of the adminis-
trative code of the city of New York, as amended by local law number 34
of the city of New York for the year 2007, is amended to read as
follows:
(b) [(i) The expenditure limitation in a run-off primary election held
pursuant to section 6-162 of the New York state election law or a run-
off special election held to fill a vacancy shall be one half the amount
of the applicable limitation provided for an election for such office
pursuant to the provisions of paragraph (a) of this subdivision.
(ii)] The board shall promulgate rules to provide for a separate
expenditure limit applicable to campaign expenditures for an additional
day for voting held pursuant to section 3-108 of the New York state
election law, an election held pursuant to court order, or a delayed or
otherwise postponed election.
S 13. Subdivision 3 of section 3-706 of the administrative code of the
city of New York, as amended by local law number 58 of the city of New
York for the year 2004, subparagraph (iii) of paragraph (a) and subpara-
graph (iii) of paragraph (b) as amended by local law number 67 of the
city of New York for the year 2007, is amended to read as follows:
3. (a) If any candidate in any covered election chooses not to file a
certification as a participating or limited participating candidate
pursuant to this chapter, and where the campaign finance board has
determined that such candidate and his or her authorized committees have
spent or contracted or have obligated to spend, or received in loans or
contributions, or both, an amount which, in the aggregate, exceeds half
S. 2414 5
the applicable expenditure limit for such office fixed by subdivision
one of this section, then:
(i) such expenditure limit applicable to participating candidates and
limited participating candidates in such election for such office shall
be increased to one hundred fifty percent of such limit; and
(ii) the principal committees of such participating candidates shall
receive payment for qualified campaign expenditures of five dollars for
each one dollar of matchable contributions, up to one thousand two
hundred fifty dollars in public funds per contributor (or up to six
hundred twenty five dollars in public funds per contributor in the case
of a special election); provided, however, that [(A) participating
candidates in a run-off election shall receive public funds for such
election pursuant to subdivision five of section 3-705 and shall not
receive any additional public funds pursuant to this section, and (B)]
in no case shall a principal committee receive in public funds an amount
exceeding two-thirds of the expenditure limitation provided for such
office in subdivision one of this section.
(iii) for elections occurring after January first, two thousand eight,
the campaign finance board shall promulgate rules to provide that the
principal committees of such participating candidates shall receive
payment for qualified campaign expenditures that will provide the high-
est allowable matchable contribution to be matched by an amount up to
one thousand two hundred fifty dollars in public funds per contributor
(or up to six hundred twenty five dollars in public funds per contribu-
tor in the case of special election); provided, however, that [(A)
participating candidates in a run-off election shall receive public
funds for such election pursuant to subdivision five of section 3-705
and shall not receive any additional public funds pursuant to this
section, and (B)] in no case shall a principal committee receive in
public funds an amount exceeding two-thirds of the expenditure limita-
tion provided for such office in subdivision one of this section.
(b) If any candidate in any covered election chooses not to file a
certification as a participating or limited participating candidate
pursuant to this chapter, and where the campaign finance board has
determined that such candidate and his or her authorized committees have
spent or contracted or have obligated to spend, or received in loans or
contributions, or both, an amount which, in the aggregate, exceeds three
times the applicable expenditure limit for such office fixed by subdivi-
sion one of this section, then:
(i) such expenditure limit shall no longer apply to participating
candidates and limited participating candidates in such election for
such office; and
(ii) the principal committees of such participating candidates shall
receive payment for qualified campaign expenditures of six dollars for
each one dollar of matchable contributions, up to one thousand five
hundred dollars in public funds per contributor (or up to seven hundred
fifty dollars in public funds per contributor in the case of a special
election); provided, however, that [(A) participating candidates in a
run-off election shall receive public funds for such election pursuant
to subdivision five of section 3-705 and shall not receive any addi-
tional public funds pursuant to this section, and (B)] in no case shall
a principal committee receive in public funds an amount exceeding one
hundred twenty-five percent of the expenditure limitation provided for
such office in subdivision one of this section.
(iii) for elections occurring after January first, two thousand eight,
the campaign finance board shall promulgate rules to provide that the
S. 2414 6
principal committees of such participating candidates shall receive
payment for qualified campaign expenditures that will provide the high-
est allowable matchable contribution to be matched by an amount up to
one thousand five hundred dollars in public funds per contributor (or up
to seven hundred fifty dollars in public funds per contributor in the
case of special election); provided, however, that [(A) participating
candidates in a run-off election shall receive public funds for such
election pursuant to subdivision five of section 3-705 and shall not
receive any additional public funds pursuant to this section, and (B)]
in no case shall a principal committee receive in public funds an amount
exceeding one hundred twenty-five percent of the expenditure limitation
provided for such office in subdivision one of this section.
S 14. Subdivision 6 of section 3-709 of the administrative code of the
city of New York is REPEALED.
S 15. Paragraph (b) of subdivision 1 of section 3-709.5 of the admin-
istrative code of the city of New York is REPEALED and paragraphs (c)
and (d) are relettered paragraphs (b) and (c).
S 16. Subdivision 4 of section 3-709.5 of the administrative code of
the city of New York, as amended by local law number 58 of the city of
New York for the year 2004, is amended to read as follows:
4. Organizations which are not affiliated with any political party or
with any holder of or candidate for public office, which have not
endorsed any candidate in the pending primary, special, OR general[, or
run-off] election for the city-wide office shall be eligible to sponsor
one or more of the required debates. The rules for conducting such
debates shall be solely the responsibility of the organizations selected
but shall not be made final without consultation with the campaign
finance board. The organizations selected shall be responsible for
choosing the date, time and location of the debates.
S 17. Subparagraph (ii) of paragraph (b) of subdivision 5 of section
3-709.5 of the administrative code of the city of New York, as amended
by local law number 34 of the city of New York for the year 2007, is
amended to read as follows:
(ii) If a debate sponsor has determined that a non-participating
candidate has met all the non-partisan, objective, and non-discriminato-
ry criteria applicable to participating candidates or limited partic-
ipating candidates for access to any of the primary, general, or special
election debates, the sponsor may invite that candidate to participate
in such debate. [In the case of a run-off primary election or a run-off
special election, the sponsor may invite a non-participating candidate
to participate in such debate. However, if a non-participating candidate
does not accept such invitation to debate or does not appear at such
debate, the debate shall go forward as scheduled; provided, however, if
there is only one participating candidate or limited participating
candidate participating in any such debate, such debate shall be
canceled.]
S 18. Subdivision 9 of section 3-709.5 of the administrative code of
the city of New York, as amended by local law number 58 of the city of
New York for the year 2004, is amended to read as follows:
9. If a candidate fails to participate in any debate required under
this section before an election, the candidate shall be liable for
return of any public matching funds previously received pursuant to the
certification filed by the candidate in connection with the election for
which such debate is held, shall be ineligible to receive any further
matching funds for that election, and may be subject to a civil penalty
pursuant to section 3-711. For purposes of this subdivision, each prima-
S. 2414 7
ry, general, OR special [or run-off] election shall be considered a
separate election.
S 19. This act shall take effect immediately.