S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8349

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             August 5, 2015
                               ___________

Introduced  by  M.  of A. ORTIZ, BRENNAN, ENGLEBRIGHT, GOTTFRIED, CLARK,
  O'DONNELL, PEOPLES-STOKES, GALEF, PAULIN, ROSENTHAL, KAVANAGH,  LIFTON
  --  Multi-Sponsored  by  --  M. of A. CAHILL, COLTON, DINOWITZ, GLICK,
  LUPARDO, THIELE -- read once and referred to the Committee on Election
  Law

AN ACT to amend the election law, the tax law and the  legislative  law,
  in  relation  to  providing  for a program for clean election campaign
  financing and to repeal certain provisions of the election law  relat-
  ing to the state board of elections

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative  findings  and  declarations.  The  legislature
finds  and  declares  that  the  current  system  of  privately financed
campaigns diminishes the meaning of the right to vote by allowing  large
contributions  to have a deleterious influence on the political process.
As the U.S. Supreme Court found in  BUCKLEY  V.  VALEO,  states  have  a
compelling  interest "to reduce the deleterious effect of large contrib-
utions on our political process." The current system also  violates  the
rights  of  all  citizens  to  equal and meaningful participation in the
democratic or political process. It diminishes the free-speech rights of
non-wealthy voters and candidates whose voices are muffled by those  who
can  afford  to  monopolize political communications.  Additionally, the
current system fuels the public perception of conflicts of interest  and
the  domination  of special money interests.  That perception undermines
the electorate's confidence in the democratic process. It also makes  it
very difficult for qualified candidates without access to large contrib-
utors  or  personal  fortunes to mount competitive campaigns. Because it
places challengers at a distinct disadvantage, the system  inhibits  the
free exchange of ideas and communication with the electorate.
  The  legislature  finds  and declares that providing a voluntary clean
elections campaign finance system would enhance democracy. It would help

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10846-01-5
              

A. 8349                             2

eliminate the deleterious influence of large contributions on the  poli-
tical process, remove access to wealth as a major determinant of a citi-
zen's influence within the political process, and restore the meaning of
the  principle of "one person, one vote." It would also help restore the
rights of all citizens to equal  and  meaningful  participation  in  the
democratic process.
  Instituting  a  public financing program would restore the free-speech
rights of non-wealthy candidates and voters by providing candidates with
resources with which to communicate ideas with the  electorate.  Such  a
system  would  thus help enhance the First Amendment rights of the elec-
torate and candidates to be heard in the  political  process.  It  would
help restore the core First Amendment value of open and robust debate in
the  political  process. It would also diminish the electorate's percep-
tion of domination of special  interests  and  strengthen  the  public's
confidence  in the democratic process and institutions. By providing for
public financing, this act also addresses the genuine concern about  the
amount  of  time  and  effort  that  a  candidate must devote to raising
campaign funds.
  S 2. The election law is amended by adding a new article 14-A to  read
as follows:
                              ARTICLE 14-A
                             CLEAN ELECTION
                           CAMPAIGN FINANCING
SECTION 14-150. DEFINITIONS.
        14-152. ELIGIBILITY AND OTHER REQUIREMENTS.
        14-154. QUALIFIED CAMPAIGN EXPENDITURES.
        14-156. CAMPAIGN CONTRIBUTIONS.
        14-158. OPTIONAL CLEAN ELECTION CAMPAIGN FINANCING.
        14-160. RECEIPT  AND EXPENDITURE LIMITATIONS; ADDITIONAL FINANC-
                  ING AND LIMITS.
        14-162. POWER OF BOARD OF ELECTIONS.
        14-164. NEW YORK STATE CLEAN ELECTION CAMPAIGN FINANCE FUND.
        14-166. DISBURSAL OF REVENUE FOR CLEAN ELECTION CAMPAIGN FINANC-
                  ING.
        14-168. EXAMINATIONS AND AUDITS; REPAYMENTS.
        14-170. PENALTIES.
        14-172. CAMPAIGNS FOR OFFICE NOT SUBJECT TO THIS ARTICLE.
        14-174. REPORTS.
        14-176. CONSTRUCTION.
        14-178. JOINT CAMPAIGN ACTIVITIES.
  S 14-150. DEFINITIONS. FOR PURPOSES OF  THIS  ARTICLE,  THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  THE TERM "QUALIFIED CANDIDATE" SHALL MEAN ANY CANDIDATE FOR NOMI-
NATION FOR ELECTION, OR ELECTION, TO THE OFFICE OF GOVERNOR,  LIEUTENANT
GOVERNOR, COMPTROLLER, ATTORNEY GENERAL, STATE SENATOR, MEMBER OF ASSEM-
BLY  OR  DISTRICT  ATTORNEY  WHO  QUALIFIES FOR CLEAN ELECTIONS FUNDS BY
COLLECTING THE REQUIRED NUMBER OF QUALIFIED CONTRIBUTIONS  AND  AGREEING
TO OTHER REQUIREMENTS SPECIFIED HEREIN.
  2.  THE TERM "PRINCIPAL COMMITTEE" SHALL MEAN THE AUTHORIZED COMMITTEE
DESIGNATED BY A CANDIDATE PURSUANT TO THIS ARTICLE.
  3. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE
FOR WHICH CLEAN ELECTION CAMPAIGN FUNDS MAY BE USED.
  4. THE TERM "FUND" SHALL  MEAN  THE  NEW  YORK  STATE  CLEAN  ELECTION
CAMPAIGN FUND.
  5. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE TOTAL AMOUNT OF
QUALIFYING  CONTRIBUTIONS THAT A PARTICIPATING CANDIDATE AND THE AUTHOR-

A. 8349                             3

IZED COMMITTEES OF SUCH CANDIDATE MUST RECEIVE IN ORDER FOR SUCH  CANDI-
DATE TO QUALIFY FOR CLEAN ELECTION FUNDING PURSUANT TO THIS ARTICLE.
  6.  THE  TERM  "AUTHORIZED COMMITTEE" SHALL MEAN A POLITICAL COMMITTEE
WHICH HAS BEEN AUTHORIZED BY ONE OR MORE CANDIDATES TO AID OR TAKE  PART
IN  THE  ELECTIONS OF SUCH CANDIDATE OR CANDIDATES AND WHICH HAS FILED A
STATEMENT THAT SUCH CANDIDATE OR CANDIDATES HAVE AUTHORIZED  SUCH  POLI-
TICAL COMMITTEE PURSUANT TO SECTION 14-112 OF THIS CHAPTER.
  7.  THE  TERM  "CONTRIBUTION"  SHALL MEAN: (A) ANY GIFT, SUBSCRIPTION,
ADVANCE, OR DEPOSIT OF MONEY OR ANY THING OF VALUE, MADE  IN  CONNECTION
WITH THE NOMINATION FOR ELECTION, OR ELECTION, OF ANY CANDIDATE; (B) ANY
FUNDS RECEIVED BY A POLITICAL COMMITTEE FROM ANOTHER POLITICAL COMMITTEE
TO  THE EXTENT SUCH FUNDS DO NOT CONSTITUTE A TRANSFER; (C) ANY PAYMENT,
BY ANY PERSON OTHER THAN A CANDIDATE OR A POLITICAL COMMITTEE AUTHORIZED
BY THE CANDIDATE, MADE IN CONNECTION WITH THE NOMINATION  FOR  ELECTION,
OR ELECTION, OF ANY CANDIDATE, INCLUDING BUT NOT LIMITED TO COMPENSATION
FOR  THE  PERSONAL  SERVICES  OF  ANY  INDIVIDUAL  WHICH ARE RENDERED IN
CONNECTION WITH A CANDIDATE'S ELECTION  OR  NOMINATION  WITHOUT  CHARGE;
PROVIDED  HOWEVER, THAT NONE OF THE FOREGOING SHALL BE DEEMED A CONTRIB-
UTION IF IT IS MADE, TAKEN OR PERFORMED  BY  A  PERSON  OR  A  POLITICAL
COMMITTEE INDEPENDENT OF THE CANDIDATE OR HIS OR HER AGENTS OR POLITICAL
COMMITTEES  AUTHORIZED  BY  SUCH CANDIDATE PURSUANT TO SECTION 14-112 OF
THIS CHAPTER. FOR PURPOSES OF THIS SUBDIVISION, THE TERM "INDEPENDENT OF
THE CANDIDATE OR HIS OR HER AGENTS OR POLITICAL COMMITTEES AUTHORIZED BY
SUCH CANDIDATE PURSUANT TO SECTION 14-112 OF THIS  CHAPTER"  SHALL  MEAN
THAT  THE  CANDIDATE  OR  HIS  OR  HER AGENTS OR POLITICAL COMMITTEES SO
AUTHORIZED BY SUCH CANDIDATE DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER
OR COOPERATE IN ANY SUCH ACTIVITY; AND PROVIDED FURTHER, THAT  THE  TERM
"CONTRIBUTION" SHALL NOT INCLUDE:
  (I) THE VALUE OF SERVICES PROVIDED WITHOUT COMPENSATION BY INDIVIDUALS
WHO VOLUNTEER A PORTION OR ALL OF THEIR TIME ON BEHALF OF A CANDIDATE OR
POLITICAL COMMITTEE,
  (II) THE USE OF REAL OR PERSONAL PROPERTY AND THE COST OF INVITATIONS,
FOOD  AND BEVERAGES VOLUNTARILY PROVIDED BY AN INDIVIDUAL TO A CANDIDATE
OR POLITICAL COMMITTEE ON  THE  INDIVIDUAL'S  RESIDENTIAL  PREMISES  FOR
CANDIDATE-RELATED  ACTIVITIES  TO THE EXTENT SUCH SERVICES DO NOT EXCEED
FIVE HUNDRED DOLLARS IN VALUE, AND
  (III) THE TRAVEL EXPENSES OF ANY INDIVIDUAL WHO  ON  HIS  OR  HER  OWN
BEHALF VOLUNTEERS HIS OR HER PERSONAL SERVICES TO ANY CANDIDATE OR POLI-
TICAL  COMMITTEE TO THE EXTENT SUCH EXPENSES ARE UNREIMBURSED AND DO NOT
EXCEED FIVE HUNDRED DOLLARS IN VALUE.
  A LOAN MADE TO A QUALIFIED CANDIDATE OR  AN  AUTHORIZED  COMMITTEE  OF
SUCH CANDIDATE OTHER THAN IN THE REGULAR COURSE OF THE LENDER'S BUSINESS
SHALL  BE DEEMED, TO THE EXTENT NOT REPAID BY THE DATE OF THE PRIMARY OR
GENERAL ELECTION, AS THE CASE MAY BE, A CONTRIBUTION BY  THE  LENDER.  A
LOAN  MADE  TO  A QUALIFIED CANDIDATE OR AN AUTHORIZED COMMITTEE OF SUCH
CANDIDATE IN THE REGULAR  COURSE  OF  THE  LENDER'S  BUSINESS  SHALL  BE
DEEMED,  TO  THE EXTENT NOT REPAID BY THE DATE OF THE PRIMARY OR GENERAL
ELECTION, AS THE CASE MAY BE, A CONTRIBUTION BY THE OBLIGOR ON THE  LOAN
AND  BY ANY OTHER PERSON ENDORSING, COSIGNING, GUARANTEEING, COLLATERAL-
IZING OR OTHERWISE PROVIDING SECURITY FOR THE LOAN.
  8. THE TERM "QUALIFYING CONTRIBUTION" SHALL  MEAN  A  CONTRIBUTION  OF
FIVE  DOLLARS  PER  CONTRIBUTION TO THE CLEAN ELECTION CAMPAIGN FUND AND
WHICH IS COUNTED TOWARD THE AGGREGATE NUMBER OF QUALIFYING CONTRIBUTIONS
NEEDED TO MEET THE THRESHOLD AMOUNT FOR A SPECIFIC OFFICE.   A  CONTRIB-
UTION  SHALL  BE DEEMED A QUALIFYING CONTRIBUTION ONLY IF MADE BY CHECK,
MONEY ORDER OR IN CASH AND ONLY IF ACCOMPANIED  BY  A  SIGNED  STATEMENT

A. 8349                             4

THAT  IT  IS  INTENDED TO BE A CONTRIBUTION TO A CLEAN ELECTION CAMPAIGN
FUND. FOR A CANDIDATE SEEKING THE NOMINATION OF A POLITICAL  PARTY,  THE
NUMBER  OF  QUALIFYING  CONTRIBUTIONS FROM THE CANDIDATE'S PARTY MUST BE
EQUAL  TO  FIVE  PERCENT  OF THE VOTERS REGISTERED IN THAT PARTY IN THAT
DISTRICT OR THE  MINIMUM  NUMBER  OF  QUALIFYING  CONTRIBUTIONS  NEEDED,
WHICHEVER IS LESS.
  9.  THE  TERM "TRANSFER" SHALL MEAN ANY EXCHANGE OF FUNDS OR ANY THING
OF VALUE BETWEEN POLITICAL COMMITTEES AUTHORIZED BY THE  SAME  CANDIDATE
PURSUANT TO SECTION 14-112 OF THIS CHAPTER AND TAKING PART IN HIS OR HER
CAMPAIGN.
  10.  THE  TERM  "COVERED ELECTION" SHALL MEAN ANY PRIMARY ELECTION FOR
NOMINATION, SPECIAL OR GENERAL ELECTION FOR ELECTION FOR THE  OFFICE  OF
GOVERNOR,  LIEUTENANT  GOVERNOR,  COMPTROLLER,  ATTORNEY  GENERAL, STATE
SENATOR, MEMBER OF ASSEMBLY OR DISTRICT ATTORNEY.
  11. THE TERM "POLITICAL COMMITTEE" SHALL MEAN ANY  CORPORATION  AIDING
OR  PROMOTING AND ANY COMMITTEE, POLITICAL CLUB OR COMBINATION OF ONE OR
MORE PERSONS OPERATING OR COOPERATING TO AID OR TO PROMOTE  THE  SUCCESS
OR  DEFEAT  OF A POLITICAL QUESTION OR PRINCIPLE, OR TO AID OR TAKE PART
IN THE ELECTION OR DEFEAT OF A CANDIDATE FOR PUBLIC OFFICE OR TO AID  OR
TAKE  PART  IN THE ELECTION OR DEFEAT OF A CANDIDATE FOR NOMINATION AT A
PRIMARY ELECTION OR CONVENTION, INCLUDING ALL PROCEEDINGS PRIOR TO  SUCH
PRIMARY  ELECTION, OR OF A CANDIDATE FOR ANY PARTY POSITION VOTED FOR AT
A PRIMARY ELECTION, OR TO AID OR DEFEAT THE NOMINATION BY PETITION OF AN
INDEPENDENT CANDIDATE FOR PUBLIC OFFICE; BUT  NOTHING  IN  THIS  ARTICLE
SHALL  APPLY  TO  ANY  COMMITTEE  OR  ORGANIZATION FOR THE DISCUSSION OR
ADVANCEMENT OF POLITICAL QUESTIONS OR PRINCIPLES WITHOUT CONNECTION WITH
ANY VOTE. "POLITICAL COMMITTEE" SHALL INCLUDE  ANY  PARTY  COMMITTEE  OR
CONSTITUTED COMMITTEE, AS SUCH COMMITTEES ARE DEFINED IN THIS CHAPTER.
  12.  THE  TERM  "INTERMEDIARY"  SHALL MEAN AN INDIVIDUAL, CORPORATION,
PARTNERSHIP, POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER  ENTITY
WHICH,  OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIV-
ERY OR MESSENGER SERVICE, DELIVERS ANY CONTRIBUTION FROM ANOTHER  PERSON
OR  ENTITY  TO  A  CANDIDATE  OR AN AUTHORIZED COMMITTEE. "INTERMEDIARY"
SHALL NOT INCLUDE SPOUSES, PARENTS, CHILDREN OR SIBLINGS OF  THE  PERSON
MAKING SUCH CONTRIBUTION.
  13. THE TERM "ALLOWABLE CONTRIBUTION" SHALL MEAN A SEED MONEY CONTRIB-
UTION  OR  PERSONAL CONTRIBUTION PERMITTED UNDER THE TERMS OF THIS ARTI-
CLE.
  14. THE TERM "SEED MONEY CONTRIBUTION" SHALL MEAN  A  SINGLE  CONTRIB-
UTION FROM A NATURAL PERSON ONLY OF NO MORE THAN ONE HUNDRED DOLLARS PER
CONTRIBUTION,  WHICH IS COLLECTED BEFORE THE END OF THE QUALIFYING PERI-
OD. THIS MONEY CAN ONLY BE SPENT FOR START-UP COSTS PRIOR TO  QUALIFYING
FOR  PUBLIC  FINANCING. THE AGGREGATE AMOUNT OF SEED MONEY ALLOWED TO BE
RAISED PER CANDIDATE SHALL BE SET ACCORDING TO  THE  OFFICE  SOUGHT  AND
SPECIFIED IN SECTION 14-160 OF THIS ARTICLE.
  15.  THE TERM "PRIMARY ELECTION CAMPAIGN PERIOD" SHALL MEAN THE PERIOD
AFTER THE QUALIFYING PERIOD ENDING ON THE PRIMARY DAY.
  16. THE TERM "GENERAL ELECTION CAMPAIGN PERIOD" SHALL MEAN THE  PERIOD
BEGINNING  THE  DAY  AFTER  THE PRIMARY AND ENDING THIRTY DAYS AFTER THE
GENERAL ELECTION.
  17. THE TERM "INDEPENDENT EXPENDITURE" SHALL MEAN  AN  EXPENDITURE  BY
ANY  PERSON, POLITICAL PARTY OR OTHER ENTITY OTHER THAN A CANDIDATE OR A
CANDIDATE'S AUTHORIZED COMMITTEE THAT IS MADE FOR A  COMMUNICATION  THAT
EXPRESSLY  ADVOCATES  THE  ELECTION  OR  DEFEAT  OF A CLEARLY IDENTIFIED
CANDIDATE WHICH IS MADE WITHOUT PARTICIPATION,  COOPERATION  OR  COORDI-
NATION  OR  CONSULTATION  WITH  ANY  CANDIDATE, CANDIDATE'S COMMITTEE OR

A. 8349                             5

PERSONS WORKING ON BEHALF OF A CANDIDATE. A PERSON, POLITICAL  PARTY  OR
ENTITY IS PRESUMED TO BE IN COOPERATION OR COORDINATION WITH A CANDIDATE
IF THEY PROVIDE THE CANDIDATE WITH ANYTHING OF VALUE, DISCUSS DEMOGRAPH-
ICS, POLLING OR RELATED CAMPAIGN STRATEGY WITH A CANDIDATE, ANY CAMPAIGN
CONSULTANT  OR  AGENT; OR ENGAGE IN JOINT FUNDRAISING WITH THE CAMPAIGN,
ONCE ANY TYPE OF COORDINATION IS ESTABLISHED, THE PERIOD OF COORDINATION
IS PRESUMED TO BE THE ENTIRE CAMPAIGN.
  18. THE TERM "NON-PARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE  WHO
REJECTS  CLEAN  ELECTION  CAMPAIGN  FINANCING  AND  CHOOSES TO RUN IN AN
ELECTION WITH CAMPAIGN CONTRIBUTIONS RAISED FROM PRIVATE SOURCES, OR WHO
OTHERWISE IS INELIGIBLE OR FAILS TO QUALIFY FOR CLEAN ELECTION  CAMPAIGN
FINANCING.  NON-PARTICIPATING CANDIDATES ARE INELIGIBLE TO RECEIVE CLEAN
ELECTION CAMPAIGN FINANCING OR OTHER BENEFITS AS DEFINED BY  THIS  ARTI-
CLE.
  19.  THE TERM "START-UP COSTS" SHALL MEAN THE COSTS AND SERVICE NECES-
SARY FOR A CANDIDATE TO ADEQUATELY EXPLORE THE  POSSIBILITY  OF  RUNNING
FOR ELECTED OFFICE.
  20. THE TERM "INDEPENDENT ELECTION DEBIT CARD" SHALL MEAN A DEBIT CARD
ISSUED  BY  THE  NEW YORK STATE BOARD OF ELECTIONS ENTITLING A CANDIDATE
AND DESIGNATED MEMBERS OF THE CANDIDATE STAFF TO DRAW MONEY FROM  A  NEW
YORK  STATE  CLEAN  ELECTION CAMPAIGN FUND TO PAY ALL CAMPAIGN COSTS AND
EXPENSES.
  21. THE TERM "QUALIFYING PERIOD" SHALL MEAN THE  PERIOD  DURING  WHICH
PARTICIPATING CANDIDATES COLLECT QUALIFYING CONTRIBUTIONS.
  S  14-152.  ELIGIBILITY  AND OTHER REQUIREMENTS. 1. TO BE ELIGIBLE FOR
CLEAN ELECTION FUNDING UNDER THIS ARTICLE, A  CANDIDATE  FOR  NOMINATION
FOR ELECTION OR ELECTION MUST:
  (A)  MEET  ALL  THE REQUIREMENTS OF LAW TO HAVE HIS OR HER NAME ON THE
BALLOT;
  (B) BE A CANDIDATE FOR  GOVERNOR,  LIEUTENANT  GOVERNOR,  COMPTROLLER,
ATTORNEY  GENERAL,  STATE  SENATE  OR ASSEMBLY OR DISTRICT ATTORNEY IN A
PRIMARY OR GENERAL ELECTION AND MEET THE THRESHOLD FOR  ELIGIBILITY  SET
FORTH IN SUBDIVISION TWO OF THIS SECTION;
  (C)  CHOOSE  TO  PARTICIPATE  IN  THE  CLEAN ELECTION CAMPAIGN FUNDING
PROVISIONS OF THIS ARTICLE, BY FILING A WRITTEN  CERTIFICATION  IN  SUCH
FORM  AS  MAY  BE PRESCRIBED BY THE BOARD OF ELECTIONS, WHICH SETS FORTH
HIS OR HER ACCEPTANCE OF AND AGREEMENT TO  COMPLY  WITH  THE  TERMS  AND
CONDITIONS  FOR  THE  PROVISION  OF SUCH FUNDS; SUCH CERTIFICATION TO BE
FILED WITH THE BOARD OF ELECTIONS AS FOLLOWS:
  (I) THE QUALIFYING PERIOD SHALL COMMENCE ON NOVEMBER FIRST OF THE YEAR
PRIOR TO THE ELECTION AND END ON MAY THIRTY-FIRST OF  THE  YEAR  OF  THE
ELECTION;
  (II)  CANDIDATES  WHO  QUALIFY  FOR FUNDS AUTOMATICALLY ACHIEVE BALLOT
STATUS AND DO NOT NEED TO ESTABLISH BALLOT  STATUS  THROUGH  THE  ESTAB-
LISHED PETITION PROCESS;
  (III) CANDIDATES WHO QUALIFY FOR FUNDS MAY BEGIN DRAWING ON SUCH FUNDS
AS OF APRIL FIRST OR FIVE DAYS AFTER QUALIFYING, WHICHEVER IS LATER;
  (IV)  CANDIDATES WHO WIN A PRIMARY ELECTION SHALL RECEIVE FUNDS WITHIN
FIVE DAYS AFTER THE DATE OF THE PRIMARY;
  (V) THE QUALIFICATION PERIOD IN A SPECIAL ELECTION SHALL BEGIN THE DAY
THE ELECTION IS ANNOUNCED. CANDIDATES SHALL HAVE  UP  TO  FOURTEEN  DAYS
BEFORE  THE  DATE OF THE SPECIAL ELECTION TO COLLECT QUALIFYING CONTRIB-
UTIONS. THE NUMBER OF QUALIFYING CONTRIBUTIONS  SHALL  BE  HALF  OF  THE
NUMBER  OF  CONTRIBUTIONS REQUIRED IN A GENERAL ELECTION. FUNDS SHALL BE
RELEASED TO SPECIAL ELECTION CANDIDATES WITHIN THREE DAYS OF  SUBMISSION
OF QUALIFYING CONTRIBUTIONS;

A. 8349                             6

  (D)  OBTAIN  AND  FURNISH  TO THE BOARD ANY INFORMATION IT MAY REQUEST
RELATING TO HIS  OR  HER  CAMPAIGN  EXPENDITURES  OR  CONTRIBUTIONS  AND
FURNISH SUCH DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS ARTI-
CLE AS MAY BE REQUESTED BY SUCH BOARD;
  (E)  NOTIFY THE BOARD AS TO THE EXISTENCE OF EACH AUTHORIZED COMMITTEE
AUTHORIZED BY SUCH CANDIDATE, WHETHER ANY SUCH  COMMITTEE  HAS  BEEN  SO
AUTHORIZED  BY ANY OTHER CANDIDATE, AND, IF THE CANDIDATE HAS AUTHORIZED
MORE THAN ONE AUTHORIZED COMMITTEE, WHICH HAS  BEEN  DESIGNATED  BY  THE
CANDIDATE AS THE PRINCIPAL COMMITTEE PURSUANT TO THIS ARTICLE;
  (F)  NOT ACCEPT AND HIS OR HER PRINCIPAL COMMITTEE AND ANY OTHER POLI-
TICAL COMMITTEE AUTHORIZED BY SUCH CANDIDATE  MUST  NOT  ACCEPT,  EITHER
DIRECTLY  OR  BY  TRANSFER,  ANY  CONTRIBUTION OR CONTRIBUTIONS FROM ANY
INDIVIDUAL,  CORPORATION,  PARTNERSHIP,  POLITICAL  COMMITTEE,  EMPLOYEE
ORGANIZATION  OR OTHER ENTITY FOR ALL COVERED ELECTIONS HELD IN THE SAME
CALENDAR YEAR IN WHICH HE OR SHE IS A PARTICIPATING CANDIDATE EXCEPT FOR
SEED MONEY AS FOLLOWS:   CANDIDATES  MAY  EXPEND  SEED  MONEY  TO  COVER
EXPENSES  RELATED TO EXPLORING THE FEASIBILITY OF RUNNING FOR OFFICE AND
COLLECTING QUALIFYING CONTRIBUTIONS. NO PERSON, INCLUDING THE  CANDIDATE
MAY  MAKE  A  SEED  MONEY  CONTRIBUTION  TO A CANDIDATE IN EXCESS OF ONE
HUNDRED DOLLARS AND SEED MONEY MAY ONLY BE CONTRIBUTED  BY  INDIVIDUALS.
SEED  MONEY  MAY  ONLY BE COLLECTED AND SEED MONEY FUNDS USED DURING THE
QUALIFYING PERIOD.
  (G) MAINTAIN SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR  A  COVERED
ELECTION AS REQUIRED BY THE BOARD;
  (H)  NOT  MAKE  AND HIS OR HER PRINCIPAL COMMITTEE AND ANY OTHER POLI-
TICAL COMMITTEE AUTHORIZED BY SUCH CANDIDATE MUST NOT MAKE  EXPENDITURES
WHICH IN THE AGGREGATE EXCEED THE APPLICABLE EXPENDITURE LIMITATIONS SET
FORTH IN SECTION 14-160 OF THIS ARTICLE;
  (I)  AGREE  TO  PARTICIPATE  IN AT LEAST TWO PUBLIC DEBATES WITH OTHER
QUALIFIED CANDIDATES PRIOR TO THE DATE OF  A  PRIMARY  ELECTION  AND  AT
LEAST THREE DEBATES WITH OTHER QUALIFIED CANDIDATES PRIOR TO THE DATE OF
A  GENERAL OR SPECIAL ELECTION.  SUCH DEBATES SHALL BE ESTABLISHED UNDER
REGULATIONS PROMULGATED BY THE BOARD OF ELECTIONS.  IF A CANDIDATE FAILS
TO PARTICIPATE IN ANY DEBATE  REQUIRED  UNDER  THIS  SECTION  BEFORE  AN
ELECTION,  THE CANDIDATE SHALL BE LIABLE FOR RETURN OF MONEYS PREVIOUSLY
RECEIVED FOR USE BY THE CANDIDATE TO PAY ELECTION CAMPAIGN EXPENSES  AND
SHALL BE INELIGIBLE TO RECEIVE ANY FURTHER CLEAN ELECTION CAMPAIGN FUNDS
FOR  THAT  ELECTION.  FOR  PURPOSES  OF  THIS SUBDIVISION, EACH PRIMARY,
GENERAL, SPECIAL OR RUN OFF ELECTION  SHALL  BE  CONSIDERED  A  SEPARATE
ELECTION; AND
  (J) MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION TWO OF
THIS SECTION.
  2. (A) THE THRESHOLD FOR ELIGIBILITY FOR CLEAN ELECTION CAMPAIGN FUND-
ING  FOR  PARTICIPATING CANDIDATES IN A GENERAL ELECTION SHALL BE IN THE
CASE OF:
  (I) CANDIDATES FOR STATE SENATE MUST COLLECT  AT  LEAST  ONE  THOUSAND
QUALIFYING  CONTRIBUTIONS  FROM  PERSONS  ELIGIBLE  TO VOTE IN THE STATE
SENATE DISTRICT;
  (II) CANDIDATES FOR STATE ASSEMBLY MUST COLLECT FOUR HUNDRED  QUALIFY-
ING  CONTRIBUTIONS  FROM  PERSONS ELIGIBLE TO VOTE IN THE STATE ASSEMBLY
DISTRICT;
  (III) CANDIDATES FOR GOVERNOR MUST COLLECT FIFTEEN THOUSAND QUALIFYING
CONTRIBUTIONS, INCLUDING AT LEAST TWO HUNDRED FIFTY  CONTRIBUTIONS  FROM
PERSONS  ELIGIBLE  TO  VOTE  IN  EACH OF A MAJORITY OF THE CONGRESSIONAL
DISTRICTS OF THE STATE;

A. 8349                             7

  (IV) CANDIDATES FOR LIEUTENANT GOVERNOR, ATTORNEY  GENERAL  AND  COMP-
TROLLER MUST COLLECT TEN THOUSAND QUALIFYING CONTRIBUTIONS, INCLUDING AT
LEAST ONE HUNDRED FIFTY CONTRIBUTIONS FROM PERSONS ELIGIBLE TO VOTE FROM
A MAJORITY OF THE CONGRESSIONAL DISTRICTS OF THE STATE;
  (V) CANDIDATES FOR DISTRICT ATTORNEY MUST COLLECT THE NUMBER OF QUALI-
FYING CONTRIBUTIONS FROM PERSONS ELIGIBLE TO VOTE IN THE COUNTY EQUAL TO
THE  POPULATION  OF  THE  COUNTY POPULATION ACCORDING TO THE LAST CENSUS
MULTIPLIED BY 0.0033, BUT NO LESS THAN ONE HUNDRED.
  (B) IN ADDITION TO THE REQUIREMENTS OF PARAGRAPH (A) OF THIS  SUBDIVI-
SION  IN  ORDER TO BE ELIGIBLE FOR CLEAN ELECTION CAMPAIGN FINANCING FOR
THE GENERAL ELECTIONS, THE  CANDIDATE  MUST  HAVE  PARTICIPATED  IN  THE
PRIMARY  ELECTION  AND RECEIVE THE HIGHEST NUMBER OF VOTES OF THE CANDI-
DATES CONTESTING THE PRIMARY ELECTION FROM HIS OR HER  RESPECTIVE  PARTY
AND  HAVE  WON THE PARTY'S NOMINATION. THIS PROVISION SHALL NOT APPLY TO
INDEPENDENT CANDIDATES, WHOSE ELIGIBILITY REQUIREMENTS ARE SET FORTH  IN
THIS SECTION.
  3.  (A)  IN  ORDER  TO  BE ELIGIBLE TO RECEIVE CLEAN ELECTION CAMPAIGN
FUNDS IN A PRIMARY ELECTION A QUALIFIED CANDIDATE MUST AGREE THAT IN THE
EVENT HE OR SHE IS A CANDIDATE FOR SUCH OFFICE  IN  ANY  OTHER  ELECTION
HELD  IN  THE  SAME  CALENDAR YEAR, THAT HE OR SHE WILL BE BOUND IN EACH
SUCH OTHER ELECTION  BY  THE  ELIGIBILITY  REQUIREMENTS  AND  ALL  OTHER
PROVISIONS OF THIS ARTICLE.
  (B) ANY QUALIFIED CANDIDATE MEETING THE THRESHOLD FOR ELIGIBILITY IN A
PRIMARY  ELECTION  FOR ONE OF THE OFFICES OUTLINED IN THIS ARTICLE SHALL
BE DEEMED TO HAVE MET THE THRESHOLD FOR ELIGIBILITY FOR SUCH  OFFICE  IN
ANY OTHER ELECTION HELD IN THE SAME CALENDAR YEAR.
  4.  QUALIFIED  CANDIDATES  WHO ARE CONTESTED IN A PRIMARY ELECTION FOR
NOMINATION FOR ELECTION TO OFFICE AND WHO DO NOT FILE A WRITTEN  CERTIF-
ICATION  PURSUANT  TO  PARAGRAPH  (C) OF SUBDIVISION ONE OF THIS SECTION
SHALL NOT BE ELIGIBLE FOR CLEAN ELECTION CAMPAIGN FUNDS FOR ANY ELECTION
TO SUCH OFFICE HELD IN THE SAME CALENDAR YEAR.
  5. QUALIFIED CANDIDATES WHO ARE UNOPPOSED IN A COVERED ELECTION  SHALL
BE  ELIGIBLE  TO  RECEIVE THIRTY-FIVE PERCENT OF THE FULL CLEAN ELECTION
CAMPAIGN FUNDS FOR SUCH ELECTION.
  6. NO POLITICAL COMMITTEE AUTHORIZED BY A QUALIFIED  CANDIDATE  FOR  A
COVERED  ELECTION MAY BE AUTHORIZED TO AID OR TAKE PART IN THE ELECTIONS
OF MORE THAN ONE CANDIDATE.
  7. ALL RECEIPTS OF SEED MONEY CONTRIBUTIONS ACCEPTED BY AN  AUTHORIZED
COMMITTEE  SHALL  BE DEPOSITED IN AN ACCOUNT OF THE PRINCIPAL COMMITTEE.
THE TREASURER OF THE  AUTHORIZED  COMMITTEE  SHALL  BE  RESPONSIBLE  FOR
MAKING  SUCH DEPOSITS. ALL DEPOSITS OF SEED MONEY CONTRIBUTIONS SHALL BE
MADE WITHIN TEN BUSINESS DAYS OF RECEIPT. EACH DISCLOSURE  REPORT  FILED
PURSUANT  TO  THIS ARTICLE SHALL INCLUDE THE DATE OF RECEIPT OF ALL SEED
MONEY CONTRIBUTIONS ACCEPTED.
  8. REGARDLESS OF WHETHER A QUALIFIED CANDIDATE DEMONSTRATES  ELIGIBIL-
ITY  FOR  CLEAN ELECTION CAMPAIGN FINANCING UNDER THIS ARTICLE, A QUALI-
FIED CANDIDATE AND HIS OR  HER  AUTHORIZED  COMMITTEES  ARE  NONETHELESS
REQUIRED  TO  ABIDE BY THE REQUIREMENTS OF PARAGRAPHS (D), (E), (F), (G)
AND (H) OF SUBDIVISION ONE OF THIS SECTION.
  9. A QUALIFIED CANDIDATE WHO RECEIVES CLEAN  ELECTION  CAMPAIGN  FUNDS
SHALL  NOT  ACCEPT  OR  SPEND  ANY FUNDS OTHER THAN SEED MONEY AND CLEAN
ELECTION CAMPAIGN FUNDS.
  10. A QUALIFIED CANDIDATE WHO RECEIVES CLEAN ELECTION  CAMPAIGN  FUNDS
SHALL IDENTIFY THE NAME OF THE CANDIDATE ON ALL PRINTED CAMPAIGN LITERA-
TURE,  AND  ACKNOWLEDGE  THEREIN THAT CLEAN ELECTION CAMPAIGN FUNDS WERE

A. 8349                             8

USED IN PREPARATION OF THE SAME. ADDITIONALLY ALL TELEVISION  ADVERTISE-
MENTS AND RADIO ADVERTISEMENTS, MUST INCLUDE THE VOICE OF THE CANDIDATE.
  S 14-154. QUALIFIED CAMPAIGN EXPENDITURES.  1. CLEAN ELECTION CAMPAIGN
FUNDS PROVIDED UNDER THE PROVISIONS OF THIS ARTICLE MAY BE USED ONLY FOR
EXPENDITURES  BY  AN  AUTHORIZED  COMMITTEE  ON BEHALF OF A CANDIDATE TO
FURTHER THE CANDIDATE'S NOMINATION FOR ELECTION OR ELECTION  DURING  THE
CALENDAR  YEAR  IN  WHICH  THE  PRIMARY OR GENERAL ELECTION IN WHICH THE
CANDIDATE IS SEEKING NOMINATION FOR ELECTION OR ELECTION IS HELD.
  2. SUCH FUNDS MAY NOT BE USED FOR:
  (A) AN EXPENDITURE IN VIOLATION OF ANY LAW;
  (B) PAYMENTS MADE TO THE CANDIDATE OR  A  SPOUSE,  CHILD,  GRANDCHILD,
PARENT,  GRANDPARENT,  BROTHER  OR  SISTER OF THE CANDIDATE OR SPOUSE OF
SUCH CHILD, GRANDCHILD, PARENT, GRANDPARENT, BROTHER OR SISTER, OR TO  A
BUSINESS  ENTITY  IN  WHICH  THE  CANDIDATE OR ANY SUCH PERSON HAS A TEN
PERCENT OR GREATER OWNERSHIP INTEREST;
  (C) PAYMENTS IN EXCESS OF THE FAIR MARKET VALUE OF  SERVICES,  MATERI-
ALS, FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
  (D)  (I)  ANY  EXPENDITURES  MADE AFTER THE CANDIDATE HAS BEEN FINALLY
DISQUALIFIED EXCEPT AS EXPENDITURES FOR  A  DIFFERENT  COVERED  ELECTION
HELD  LATER  IN  THE  SAME  CALENDAR  YEAR  IN WHICH THE CANDIDATE SEEKS
ELECTION FOR THE SAME OFFICE; AND
  (II) ANY EXPENDITURE MADE AFTER THE ONLY  REMAINING  OPPONENT  OF  THE
CANDIDATE  HAS  BEEN  FINALLY  DISQUALIFIED EXCEPT AS EXPENDITURES FOR A
DIFFERENT COVERED ELECTION HELD LATER IN THE SAME CALENDAR YEAR IN WHICH
THE CANDIDATE SEEKS ELECTION FOR THE SAME OFFICE;
  (E) PAYMENTS IN CASH, EXCEPT AS  PRESCRIBED  IN  SUBDIVISION  FOUR  OF
SECTION 14-166 OF THIS ARTICLE;
  (F)  ANY  CONTRIBUTION  OR LOAN MADE TO ANOTHER CANDIDATE OR POLITICAL
COMMITTEE; OR
  (G) GIFTS,  EXCEPT    BROCHURES,  BUTTONS,  SIGNS  AND  OTHER  PRINTED
CAMPAIGN MATERIAL.
  S  14-156.  CAMPAIGN CONTRIBUTIONS.  QUALIFIED CANDIDATES MUST FURNISH
COMPLETE CAMPAIGN RECORDS, INCLUDING ALL RECORDS OF SEED MONEY  CONTRIB-
UTIONS,  QUALIFYING  CONTRIBUTIONS  AND  EXPENDITURES  TO  THE  BOARD OF
ELECTIONS ON A QUARTERLY BASIS OR ON REQUEST BY THE BOARD.
  S 14-158. OPTIONAL CLEAN ELECTION CAMPAIGN FINANCING.  EACH  QUALIFIED
CANDIDATE  FOR NOMINATION FOR ELECTION OR ELECTION IN A COVERED ELECTION
MAY OBTAIN PAYMENT TO THE AUTHORIZED COMMITTEE DESIGNATED BY SUCH CANDI-
DATE PURSUANT TO THIS ARTICLE FROM CLEAN  ELECTION  CAMPAIGN  FUNDS  FOR
QUALIFIED  CAMPAIGN  EXPENDITURES,  IN ACCORDANCE WITH THE PROVISIONS OF
THIS ARTICLE, AND SUBJECT TO APPROPRIATION.
  1. NO SUCH CLEAN ELECTION CAMPAIGN FUNDS SHALL BE PAID TO A  PRINCIPAL
COMMITTEE  UNLESS  THE BOARD DETERMINES THAT THE QUALIFIED CANDIDATE HAS
MET THE ELIGIBILITY REQUIREMENTS OF  THIS  ARTICLE.  PAYMENT  SHALL  NOT
EXCEED  THE AMOUNTS SPECIFIED IN THIS ARTICLE, AND SHALL BE MADE ONLY IN
ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. SUCH PAYMENT MAY BE MADE
ONLY TO THE QUALIFIED CANDIDATE'S PRINCIPAL COMMITTEE. NO CLEAN ELECTION
CAMPAIGN 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. A QUALIFIED CANDIDATE SEEKING OR OBTAINING NOMINATION FOR  ELECTION
BY  MORE  THAN  ONE  PARTY  SHALL BE DEEMED ONE CANDIDATE, AND SHALL NOT
RECEIVE ADDITIONAL CLEAN ELECTION CAMPAIGN FUNDS  OR  BE  AUTHORIZED  TO
ACCEPT  CONTRIBUTIONS  IN  EXCESS OF THE MAXIMUM CONTRIBUTION APPLICABLE
PURSUANT TO PARAGRAPH (F) OF SUBDIVISION ONE OF SECTION 14-152  OF  THIS

A. 8349                             9

ARTICLE  OR  MAKE  ADDITIONAL  EXPENDITURES  BY REASON OF SUCH CANDIDATE
SEEKING OR OBTAINING NOMINATION FOR ELECTION BY MORE THAN ONE PARTY.
  3. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, IF THERE IS AN
ADDITIONAL DAY FOR VOTING HELD PURSUANT TO SECTION 3-108 OF THIS CHAPTER
OR  AN  ELECTION  HELD PURSUANT TO COURT ORDER, A QUALIFIED CANDIDATE IN
SUCH ELECTION SHALL OBTAIN PAYMENT FOR QUALIFIED  CAMPAIGN  EXPENDITURES
IN  AN  AMOUNT  EQUAL  TO TWENTY-FIVE CENTS FOR EACH ONE DOLLAR OF CLEAN
ELECTION CAMPAIGN FUNDS PAID PURSUANT TO THIS ARTICLE TO THE CANDIDATE'S
PRINCIPAL COMMITTEE FOR THE PRECEDING ELECTION. EXCEPT  AS  PROVIDED  BY
THIS  SUBDIVISION,  NO ADDITIONAL CLEAN ELECTION CAMPAIGN FUNDS SHALL BE
PROVIDED TO ANY CANDIDATE  FOR  SUCH  ELECTION  OR  ADDITIONAL  DAY  FOR
VOTING.
  S  14-160.  RECEIPT  AND EXPENDITURE LIMITATIONS; ADDITIONAL FINANCING
AND LIMITS. 1. (A) THE FOLLOWING LIMITATIONS APPLY TO ALL RECEIPTS  MADE
FROM  A  CLEAN  ELECTION  CAMPAIGN  FUND  AND ALL EXPENDITURES MADE BY A
CANDIDATE AND HIS OR HER AUTHORIZED COMMITTEES ON OR AFTER THE FIRST DAY
OF JANUARY PRECEDING THE ELECTION FOR WHICH SUCH  CANDIDATE  CHOOSES  TO
PARTICIPATE  IN  THE  CLEAN ELECTION CAMPAIGN FUNDING PROVISIONS OF THIS
ARTICLE AND TO EXPENDITURES MADE AT ANY TIME  PRIOR  TO  SUCH  DATE  FOR
SERVICES,  MATERIALS,  FACILITIES,  ADVERTISING OR OTHER THINGS OF VALUE
RECEIVED, RENDERED, PUBLISHED, DISTRIBUTED OR BROADCAST ON OR AFTER SUCH
DATE.  EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS  SECTION,  IN  EACH
GENERAL  ELECTION,  RECEIPTS  FROM  A  CLEAN  ELECTION CAMPAIGN FUND AND
EXPENDITURES BY A PARTICIPATING  CANDIDATE  FOR  ONE  OF  THE  FOLLOWING
OFFICES  AND  HIS  OR  HER  AUTHORIZED  COMMITTEES  SHALL NOT EXCEED THE
FOLLOWING AMOUNTS:
OFFICE                GENERAL ELECTION          PRIMARY ELECTION
GOVERNOR              $7,000,000                75 CENTS/ENROLLED VOTER
LT. GOV.              N.A.                      75 CENTS/ENROLLED VOTER
                                                BUT NOT TO EXCEED
                                                $1,250,000
ATT. GENERAL          $2,500,000                75 CENTS/ENROLLED VOTER
                                                BUT NOT TO EXCEED
                                                $1,250,000
COMPTROLLER           $2,500,000                75 CENTS/ ENROLLED VOTER
                                                BUT NOT TO EXCEED
                                                $1,250,000
DISTRICT ATTORNEY     $7,000,000 X COUNTY POP.  $3,000,000 X COUNTY POP.
                                   -----------               ------------
                                    STATE POP.              STATE POP.
STATE SENATE          $  150,000                $1.75/ENROLLED VOTER
                                                 BUT NOT TO EXCEED
                                                 $30,000
STATE ASSEMBLY        $  75,000                 $1.75/ENROLLED VOTER
                                                 BUT NOT TO EXCEED
                                                 $15,000
  (B) NOT LATER THAN THE FIRST DAY OF MARCH IN  THE  YEAR  TWO  THOUSAND
TWENTY-THREE,  AND  EVERY  FOURTH  YEAR  THEREAFTER  THE BOARD SHALL (I)
DETERMINE THE PERCENTAGE DIFFERENCE BETWEEN THE AVERAGE OVER A  CALENDAR
YEAR  OF  THE  CONSUMER PRICE INDEX FOR ALL URBAN AREAS PUBLISHED BY THE
UNITED STATES BUREAU OF LABOR STATISTICS FOR THE TWELVE MONTHS PRECEDING
THE BEGINNING OF SUCH CALENDAR YEAR AND THE AVERAGE  OVER  THE  CALENDAR
YEAR  TWO THOUSAND TWELVE OF SUCH CONSUMER PRICE INDEX; (II) ADJUST EACH
EXPENDITURE LIMITATION APPLICABLE PURSUANT TO THIS  SUBDIVISION  BY  THE
AMOUNT  OF  SUCH  PERCENTAGE DIFFERENCE TO THE NEAREST THOUSAND DOLLARS;
AND (III) PUBLISH SUCH ADJUSTED  EXPENDITURE  LIMITATION  IN  THE  STATE

A. 8349                            10

REGISTER.  SUCH  ADJUSTED  EXPENDITURE LIMITATION SHALL BE IN EFFECT FOR
ANY ELECTION HELD BEFORE THE NEXT SUCH ADJUSTMENT.
  2. THE FOLLOWING SEED MONEY LIMITATIONS APPLY TO ALL EXPENDITURES MADE
BY  A CANDIDATE AND HIS OR HER AUTHORIZED COMMITTEES PRIOR TO THE END OF
THE CLEAN ELECTION CAMPAIGN FINANCING QUALIFYING PERIOD FOR  WHICH  SUCH
CANDIDATE  CHOOSES TO PARTICIPATE IN THE CLEAN ELECTION CAMPAIGN FUNDING
PROVISIONS OF THIS ARTICLE AND TO EXPENDITURES MADE AT ANY TIME PRIOR TO
SUCH DATE FOR SERVICES,  MATERIALS,  FACILITIES,  ADVERTISING  OR  OTHER
THINGS  OF VALUE RECEIVED, RENDERED, PUBLISHED, DISTRIBUTED OR BROADCAST
IN SUCH CALENDAR YEAR. SUCH EXPENDITURES BY A  QUALIFIED  CANDIDATE  FOR
ONE  OF THE FOLLOWING OFFICES AND HIS OR HER AUTHORIZED COMMITTEES SHALL
NOT EXCEED THE FOLLOWING AMOUNTS:
     GOVERNOR:                                             $200,000
     ATTORNEY GENERAL:                                     $150,000
     COMPTROLLER:                                          $150,000
     LIEUTENANT GOVERNOR:                                  $150,000
     STATE SENATE:                                         $ 20,000
     MEMBER OF ASSEMBLY:                                   $ 10,000
     DISTRICT ATTORNEY: $25.00 MULTIPLIED BY THE NUMBER OF QUALIFIED
                                              CONTRIBUTIONS RECEIVED
  3. ADDITIONAL FUNDS FROM THE FUND SHALL  BE  AWARDED  TO  A  QUALIFIED
CANDIDATE  WHEN  THE TOTAL OF CAMPAIGN EXPENDITURES BY NON-PARTICIPATING
CANDIDATES WHO OPPOSE A QUALIFIED CANDIDATE AND INDEPENDENT EXPENDITURES
DIRECTED AGAINST THE QUALIFIED CANDIDATE OR IN SUPPORT OF THE  QUALIFIED
CANDIDATE'S  OPPONENT,  EXCEEDS  ONE HUNDRED TEN PERCENT OF THE SPENDING
LIMITS ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION.    AN  ADDITIONAL
DOLLAR  SHALL  BE  AWARDED  FOR EACH DOLLAR IN EXCESS OF ONE HUNDRED TEN
PERCENT OF THE LIMIT, UP TO A TOTAL OF THREE  HUNDRED  PERCENT  OF  SAID
EXPENDITURE LIMITS.
  4. NON-PARTICIPATING CANDIDATES AND PERSONS OR COMMITTEES MAKING INDE-
PENDENT  EXPENDITURES  SHALL  COMPLY WITH ALL REPORTING REQUIREMENTS FOR
POLITICAL COMMITTEES, AND IN ADDITION SHALL, THREE WEEKS BEFORE THE DATE
OF THE ELECTION, REPORT ANY AND ALL EXPENDITURES EXPECTED TO BE MADE  ON
THE ELECTION AND MAY NOT SPEND ANY AMOUNTS NOT SO REPORTED.
  5.  IN  ADDITION  TO  ANY  OTHER PROVISION OF THIS ARTICLE LIMITING OR
QUALIFYING OR DEFINING A QUALIFIED CAMPAIGN EXPENDITURE,  THE  FOLLOWING
EXPENDITURE  SHALL BE DEEMED INDEPENDENT EXPENDITURES FOR THE PURPOSE OF
THIS ARTICLE:
  (A) ANY WRITTEN ADVERTISEMENT DISTRIBUTED WITHIN SIXTY DAYS PRIOR TO A
PRIMARY, GENERAL OR SPECIAL ELECTION IN WHICH A CANDIDATE'S  NAME  OR  A
CANDIDATE'S  POLITICAL  PARTY  IS  INCLUDED  SHALL  BE DEEMED A CAMPAIGN
EXPENDITURE; AND
  (B) ANY ADVERTISEMENT DISTRIBUTED WITHIN SIXTY DAYS PRIOR TO A  PRIMA-
RY, GENERAL OR SPECIAL ELECTION WHICH, AS INDICATED BY ITS TIMING PLACE-
MENT,  MESSAGE, CONTEXT OR OTHER OBJECTIVE AND APPARENT MESSAGE OR OTHER
CRITERIA WHICH IN THE OPINION OF THE BOARD OF ELECTIONS IS  INTENDED  TO
INFLUENCE  THE  OUTCOME  OF  SUCH  ELECTION  SHALL  BE DEEMED A CAMPAIGN
EXPENDITURE.
  6. ANY PERSON OR COMMITTEE  WHO  DISTRIBUTES  AN  ADVERTISEMENT  WHICH
INCLUDES  THE  NAME  OF  A CANDIDATE NOMINATED FOR A PRIMARY, GENERAL OR
SPECIAL ELECTION SHALL COMPLY WITH ALL OF  THE  DISCLOSURE  REQUIREMENTS
IMPOSED ON POLITICAL COMMITTEES PURSUANT TO THIS CHAPTER.
  7.  ANY  EXPENDITURE  MADE BY A MEMBERSHIP ORGANIZATION, AS DEFINED BY
THE FEDERAL ELECTION COMMISSION, TO A MEMBER IN GOOD  STANDING  OF  SUCH
ORGANIZATION  SHALL  NOT  BE DEEMED TO BE A CAMPAIGN EXPENDITURE BUT THE

A. 8349                            11

AMOUNT THEREOF SHALL BE DISCLOSED IN  THE  SAME  MANNER  AS  A  CAMPAIGN
EXPENDITURE IS DISCLOSED PURSUANT TO THIS ARTICLE.
  S  14-162.  POWER  OF BOARD OF ELECTIONS.  1. THE BOARD SHALL HAVE THE
POWER TO INVESTIGATE ALL MATTERS RELATING  TO  THE  PERFORMANCE  OF  ITS
FUNCTIONS  AND ANY OTHER MATTER RELATING TO THE PROPER ADMINISTRATION OF
THIS ARTICLE AND FOR SUCH PURPOSES SHALL HAVE THE POWER TO  REQUIRE  THE
ATTENDANCE AND EXAMINE AND TAKE THE TESTIMONY UNDER OATH OF SUCH PERSONS
AS  IT  SHALL  DEEM  NECESSARY  AND  TO REQUIRE THE PRODUCTION OF BOOKS,
ACCOUNTS, PAPERS AND OTHER EVIDENCE RELATIVE TO SUCH INVESTIGATION.
  2. THE BOARD SHALL PUBLICIZE, AS IT DEEMS APPROPRIATE,  THE  NAMES  OF
CANDIDATES  FOR NOMINATION OR ELECTION TO THE OFFICES OF GOVERNOR, LIEU-
TENANT GOVERNOR, COMPTROLLER, ATTORNEY GENERAL, STATE SENATE, MEMBER  OF
ASSEMBLY  OR DISTRICT ATTORNEY WHO VIOLATE ANY OF THE PROVISIONS OF THIS
ARTICLE.
  3. THE BOARD MAY RENDER ADVISORY OPINIONS WITH  RESPECT  TO  QUESTIONS
ARISING  UNDER  THIS  ARTICLE. SUCH ADVISORY OPINIONS MAY BE RENDERED ON
THE WRITTEN REQUEST OF A CANDIDATE, AN OFFICER OF A POLITICAL  COMMITTEE
OR  MEMBER  OF THE PUBLIC, OR MAY BE RENDERED ON ITS OWN INITIATIVE. THE
BOARD SHALL MAKE PUBLIC ITS ADVISORY OPINIONS. THE BOARD SHALL DEVELOP A
PROGRAM FOR INFORMING CANDIDATES AND THE PUBLIC AS TO  THE  PURPOSE  AND
EFFECT  OF  THE  PROVISIONS OF THIS ARTICLE. THE BOARD SHALL PREPARE AND
MAKE AVAILABLE EDUCATIONAL MATERIALS, INCLUDING COMPLIANCE  MANUALS  AND
SUMMARIES  AND EXPLANATIONS OF THE PURPOSES AND PROVISIONS OF THIS ARTI-
CLE. THESE MATERIALS SHALL BE PREPARED  IN  PLAIN  LANGUAGE.  THE  BOARD
SHALL  PREPARE  AND  MAKE  AVAILABLE MATERIALS, INCLUDING, TO THE EXTENT
FEASIBLE, COMPUTER SOFTWARE, TO FACILITATE THE TASK OF  COMPLIANCE  WITH
THE DISCLOSURE AND RECORD-KEEPING REQUIREMENTS OF THIS ARTICLE.
  4.  THE  BOARD  SHALL  HAVE THE AUTHORITY TO PROMULGATE SUCH RULES AND
REGULATIONS AND PROVIDE SUCH FORMS AS IT DEEMS NECESSARY FOR THE  ADMIN-
ISTRATION  OF  THIS  ARTICLE.  THE  BOARD  SHALL  PROMULGATE REGULATIONS
CONCERNING THE FORM IN WHICH CONTRIBUTIONS AND EXPENDITURES  ARE  TO  BE
REPORTED,  THE  PERIODS  DURING WHICH SUCH REPORTS MUST BE FILED AND THE
VERIFICATION REQUIRED.  THE BOARD SHALL REQUIRE THE FILING OF REPORTS OF
CONTRIBUTIONS AND EXPENDITURES FOR PURPOSES  OF  DETERMINING  COMPLIANCE
WITH  PARAGRAPH  (F)  OF  SUBDIVISION  ONE OF SECTION 14-152 AND SECTION
14-160 OF THIS ARTICLE IN ACCORDANCE WITH THE SCHEDULE SPECIFIED BY  THE
STATE BOARD OF ELECTIONS FOR THE FILING OF CAMPAIGN RECEIPT AND EXPENDI-
TURE STATEMENTS.
  5. THE BOARD SHALL DEVELOP A COMPUTER DATA BASE THAT SHALL CONTAIN ALL
INFORMATION  NECESSARY  FOR  THE  PROPER  ADMINISTRATION OF THIS CHAPTER
INCLUDING INFORMATION ON CONTRIBUTIONS TO AND EXPENDITURES BY CANDIDATES
AND THEIR AUTHORIZED COMMITTEES AND DISTRIBUTIONS  OF  MONEYS  FROM  THE
CAMPAIGN FINANCE FUND. SUCH DATA BASE SHALL BE ACCESSIBLE TO THE PUBLIC.
  6.  THE BOARD SHALL PROMULGATE REGULATIONS REGARDING PUBLIC DEBATES AS
PROVIDED IN SECTION 14-152 OF THIS ARTICLE.
  7. THE BOARD MAY TAKE SUCH OTHER ACTIONS AS ARE NECESSARY  AND  PROPER
TO CARRY OUT THE PURPOSES OF THIS ARTICLE.
  S  14-164.    NEW  YORK STATE CLEAN ELECTION CAMPAIGN FINANCE FUND. 1.
THERE IS HEREBY ESTABLISHED A SPECIAL FUND, TO BE KNOWN AS THE "NEW YORK
STATE CLEAN ELECTION CAMPAIGN FINANCE FUND". THE MONIES IN SUCH FUND MAY
BE EXPENDED BY THE BOARD OF ELECTIONS ONLY  AS  PAYMENTS  FOR  QUALIFIED
CANDIDATES IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  2. THE FUND SHALL BE KEPT SEPARATE AND SHALL BE CREDITED WITH ALL SUMS
APPROPRIATED  THEREOF,  ANY  DONATIONS  RECEIVED PURSUANT TO SUBDIVISION
SEVEN OF THIS SECTION, ALL EARNINGS  ACCRUING  ON  SUCH  FUNDS  AND  ANY

A. 8349                            12

MONIES  REALIZED  FROM  THE  PROVISIONS  OF SUBDIVISION THREE OF SECTION
14-170 OF THIS ARTICLE.
  3.  IF  AT  ANY  TIME THE BOARD OF ELECTIONS DETERMINES THAT THE CLEAN
ELECTIONS CAMPAIGN FINANCE FUND DOES NOT HAVE SUFFICIENT REVENUES, OR IS
LIKELY TO NOT HAVE SUFFICIENT REVENUES, FOR PAYMENT TO QUALIFYING CANDI-
DATES UNDER THIS ARTICLE THEN IT SHALL REPORT THIS DETERMINATION TO  THE
COMPTROLLER,  ALONG  WITH  THE AMOUNT WHICH WILL BE NECESSARY TO PROVIDE
QUALIFYING CANDIDATES WITH FINANCING PURSUANT  TO  THIS  ARTICLE  AND  A
DETAILED  STATEMENT  OF  THE  ASSUMPTIONS  AND METHODOLOGY ON WHICH SUCH
DETERMINATION WAS BASED. NO MORE THAN FOUR DAYS AFTER RECEIVING  SUCH  A
DETERMINATION  THE  COMPTROLLER  SHALL TRANSFER THE AMOUNT DETERMINED BY
THE BOARD OF ELECTIONS TO BE NECESSARY FROM  THE  GENERAL  FUND  TO  THE
CLEAN ELECTIONS CAMPAIGN FINANCE FUND.
  4.  THE  MONEYS  IN SUCH FUND SHALL BE MADE AVAILABLE TO PARTICIPATING
CANDIDATES BY THE BOARD UPON  ITS  CERTIFICATION  THAT  SUCH  CANDIDATES
QUALIFY FOR SUCH FUNDS.
  5.  NO  MONEYS  SHALL  BE  MADE AVAILABLE TO QUALIFIED CANDIDATES IN A
GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF  THE  PRIMARY
ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
  6.  NO  MONEYS  SHALL BE MADE AVAILABLE TO ANY QUALIFIED CANDIDATE WHO
HAS BEEN FINALLY DISQUALIFIED.    ANY  PAYMENT  FROM  THE  FUND  IN  THE
POSSESSION  OF  SUCH  A CANDIDATE OR HIS OR HER AUTHORIZED COMMITTEES ON
THE DATE OF SUCH FINAL DISQUALIFICATION OR INVALIDATION MAY  NOT  THERE-
AFTER  BE  EXPENDED  FOR  ANY  PURPOSE EXCEPT THE PAYMENT OF LIABILITIES
INCURRED IN QUALIFIED CAMPAIGN EXPENDITURES BEFORE SUCH DATE  AND  SHALL
BE PROMPTLY REPAID TO THE FUND.
  7.  THE BOARD SHALL BE EMPOWERED TO ACCEPT DONATIONS TO BE CREDITED TO
THE FUND. THE BOARD MAY DEVISE SUCH METHODS OF SOLICITING AND COLLECTING
DONATIONS AS IT MAY DEEM FEASIBLE AND APPROPRIATE.
  8. (A) A QUALIFIED CANDIDATE  WHO  HAS  BEEN  DEFEATED  IN  A  PRIMARY
ELECTION  OR  WHO FAILS TO REMAIN AS A CANDIDATE THROUGHOUT A PRIMARY OR
GENERAL ELECTION PERIOD SHALL RETURN ALL UNSPENT FUNDS THAT WERE  RAISED
OR DISTRIBUTED TO HIM OR HER TO THE FUND.
  (B) ALL OTHER QUALIFIED CANDIDATES SHALL RETURN ALL UNSPENT QUALIFYING
CAMPAIGN  CONTRIBUTIONS  AND OTHER FUND REVENUES AND ALL UNEXPENDED SEED
MONEY THAT WERE DISTRIBUTED TO HIM OR HER TO THE FUND.
  THE AGGREGATE AMOUNT WHICH MAY BE PROVIDED TO QUALIFIED CANDIDATES  IN
ANY   FOUR-YEAR   ELECTION   CYCLE   FROM  THE  FUND  SHALL  NOT  EXCEED
ONE-TENTH-OF-ONE-PERCENT OF THE  TOTAL  EXPENDITURES  MADE  PURSUANT  TO
APPROPRIATIONS  MADE  BY  LAW  DURING SUCH TIME PERIOD. IF THE AMOUNT OF
FUNDS FOR WHICH QUALIFIED CANDIDATES HAVE QUALIFIED REACHES  OR  EXCEEDS
THIS  LEVEL, THE BOARD OF ELECTIONS SHALL REDUCE, BY AN EQUAL PERCENTAGE
FOR ALL CANDIDATES, THE  RESPECTIVE  AMOUNT  OF  PUBLIC  FINANCING  MADE
AVAILABLE TO QUALIFIED CANDIDATES.
  S  14-166. DISBURSAL OF REVENUE FOR CLEAN ELECTION CAMPAIGN FINANCING.
1. UPON CERTIFYING THAT A  CANDIDATE  IS  ELIGIBLE  FOR  CLEAN  ELECTION
CAMPAIGN  FINANCING, THE BOARD OF ELECTIONS SHALL ISSUE A NEW YORK STATE
CLEAN ELECTION CAMPAIGN FINANCE FUND DEBIT  CARD  TO  THE  PARTICIPATING
CANDIDATE  ENTITLING  THE CANDIDATE AND DESIGNATED MEMBERS OF HIS OR HER
STAFF THE RIGHT TO DRAW MONEY FROM THE NEW  YORK  STATE  CLEAN  ELECTION
CAMPAIGN FINANCE FUND ACCOUNT TO PAY ALL CAMPAIGN COSTS AND EXPENSES.
  2.  A QUALIFIED CANDIDATE AND HIS OR HER REPRESENTATIVE ARE PROHIBITED
FROM PAYING FOR CAMPAIGN EXPENSES IN ANY WAY OTHER THAN BY  USE  OF  THE
NEW YORK STATE CLEAN ELECTION CAMPAIGN FINANCE FUND DEBIT CARD EXCEPT AS
EXEMPTED  IN  SUBDIVISION  FOUR OF THIS SECTION. THE USE OF THE NEW YORK

A. 8349                            13

STATE CLEAN ELECTION CAMPAIGN FUND DEBIT CARD TO GENERATE PERSONAL CRED-
IT OR A LOAN IS PROHIBITED.
  3.  CASH,  CASHIER'S  CHECKS,  MONEY ORDERS, OR OTHER FORMS OF PAYMENT
SHALL BE PERMISSIBLE ONLY IF THEY ARE DRAWN DIRECTLY FROM THE  NEW  YORK
STATE CLEAN ELECTION CAMPAIGN FINANCE FUND, EXCEPT AS EXEMPTED IN SUBDI-
VISION FOUR OF THIS SECTION.
  (A)  ALL  CAMPAIGN  PURCHASES FOR GOODS AND SERVICES SHALL BE PAID FOR
WITH MONEY DRAWN FROM THE NEW YORK STATE CLEAN ELECTION CAMPAIGN FUND AT
THE TIME OF PURCHASE, EXCEPT THAT FEES FOR SERVICES, INCLUDING  SALARIES
AND FEES FOR STAFF MEMBERS AND CONSULTANTS, MAY BE MADE AVAILABLE AT ANY
TIME  UP  UNTIL THE LAST DAY OF THE RELEVANT PRIMARY, SPECIAL OR GENERAL
CAMPAIGN PERIODS.
  (B) ESTIMATED PAYMENTS FOR UTILITY BILLS,  INCLUDING  TELEPHONE,  HEAT
AND  ELECTRICITY CHARGES, SHALL BE MADE AVAILABLE BY THE LAST DAY OF THE
RELEVANT ELECTION PERIOD. IN BUDGETING THEIR PROJECTED EXPENSES,  QUALI-
FIED  CANDIDATES  MUST  ESTIMATE  THE  COST  OF  UTILITIES. THE CAMPAIGN
FINANCE BOARD IS AUTHORIZED TO PROVIDE A FORMULA FOR SUCH ESTIMATES.
  4. A PETTY CASH FUND MAY BE  ESTABLISHED  CONSISTENT  WITH  THE  OTHER
PROVISIONS OF THIS ARTICLE.
  (A)  QUALIFIED  CANDIDATES MAY HAVE A DAILY PETTY CASH FUND, FOR DAILY
EXPENSES, INCLUDING FOOD, NEWSPAPERS, MAGAZINES, PUBLIC TELEPHONES,  AND
OTHER  MINOR  NECESSITIES UNRELATED TO THE DIRECT OPERATING COSTS OF THE
CAMPAIGN. THE DAILY MAXIMUM AMOUNT OF  THE  PETTY  CASH  FUND  SHALL  BE
ESTABLISHED BY THE BOARD.
  (B)  ALL  CASH EXPENDITURES IN EXCESS OF TWENTY-FIVE DOLLARS REQUIRE A
CASH RECEIPT SPECIFYING THE ITEM PURCHASED AND ITS  PURPOSE,  ITS  COST,
AND THE PLACE OF PURCHASE.
  S  14-168.  EXAMINATIONS  AND  AUDITS;  REPAYMENTS.  1.  THE  BOARD OF
ELECTIONS IS HEREBY EMPOWERED TO AUDIT AND EXAMINE ALL MATTERS  RELATING
TO THE PERFORMANCE OF ITS FUNCTIONS AND ANY OTHER MATTER RELATING TO THE
PROPER ADMINISTRATION OF THIS ARTICLE.
  2. (A) IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO
THE  PRINCIPAL  COMMITTEE  OF A QUALIFIED CANDIDATE FROM THE FUND WAS IN
EXCESS OF THE AGGREGATE AMOUNT OF  PAYMENTS  WHICH  SUCH  CANDIDATE  WAS
ELIGIBLE  TO  RECEIVE  PURSUANT  TO  THIS  ARTICLE, IT SHALL NOTIFY SUCH
COMMITTEE AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN AMOUNT  EQUAL  TO
THE AMOUNT OF EXCESS PAYMENTS.
  (B)  IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO A
PRINCIPAL COMMITTEE OF A QUALIFIED CANDIDATE FROM THE FUND WAS USED  FOR
PURPOSES  OTHER  THAN  QUALIFIED  CAMPAIGN EXPENDITURES, IT SHALL NOTIFY
SUCH COMMITTEE OF THE AMOUNT SO DISQUALIFIED AND  SUCH  COMMITTEE  SHALL
PAY TO THE BOARD AN AMOUNT EQUAL TO SUCH DISQUALIFIED AMOUNT.
  (C)  IF  THE TOTAL OF CONTRIBUTIONS, OTHER RECEIPTS, AND PAYMENTS FROM
THE FUND RECEIVED BY A QUALIFIED CANDIDATE AND  HIS  OR  HER  AUTHORIZED
COMMITTEES  EXCEED THE TOTAL CAMPAIGN EXPENDITURES OF SUCH CANDIDATE AND
COMMITTEES FOR ALL COVERED ELECTIONS HELD IN THE SAME CALENDAR  YEAR  OR
FOR  A  SPECIAL ELECTION TO FILL A VACANCY SUCH CANDIDATE AND COMMITTEES
SHALL USE SUCH EXCESS FUNDS TO REIMBURSE THE FUND FOR PAYMENTS  RECEIVED
BY THE PRINCIPAL COMMITTEE FROM THE FUND DURING SUCH CALENDAR YEAR. SUCH
REIMBURSEMENT  SHALL  BE  MADE NOT LATER THAN TEN DAYS AFTER ALL LIABIL-
ITIES HAVE BEEN PAID AND IN ANY EVENT, NOT LATER THAN JUNE THIRTIETH  OF
THE  YEAR  FOLLOWING  SUCH  CALENDAR YEAR. NO SUCH EXCESS FUNDS SHALL BE
USED FOR ANY OTHER PURPOSE, UNLESS THE  TOTAL  AMOUNT  OF  THE  PAYMENTS
RECEIVED FROM THE FUND BY THE AUTHORIZED COMMITTEE HAS BEEN REPAID.
  3.  IF  A  QUALIFIED  CANDIDATE WHOSE PRINCIPAL COMMITTEE HAS RECEIVED
CLEAN ELECTION CAMPAIGN FUNDS IS DISQUALIFIED BY A  COURT  OF  COMPETENT

A. 8349                            14

JURISDICTION  ON  THE  GROUNDS  THAT SUCH CANDIDATE COMMITTED FRAUDULENT
ACTS IN ORDER TO OBTAIN A PLACE ON THE BALLOT AND SUCH DECISION  IS  NOT
REVERSED, SUCH CANDIDATE AND HIS OR HER PRINCIPAL COMMITTEE SHALL PAY TO
THE  BOARD AN AMOUNT EQUAL TO THE TOTAL OF CLEAN ELECTION CAMPAIGN FUNDS
RECEIVED BY SUCH PRINCIPAL COMMITTEE.
  S 14-170.  PENALTIES.  1.  ANY  QUALIFIED  CANDIDATE  WHOSE  PRINCIPAL
COMMITTEE  FAILS  TO  FILE  IN  A  TIMELY  MANNER  A STATEMENT OR RECORD
REQUIRED TO BE FILED BY THIS ARTICLE OR THE RULES OF THE BOARD IN IMPLE-
MENTATION THEREOF OR WHO VIOLATES ANY OTHER PROVISION OF THIS ARTICLE OR
RULE PROMULGATED THEREUNDER, AND ANY PRINCIPAL  COMMITTEE  TREASURER  OR
ANY  OTHER  AGENT OF A QUALIFIED CANDIDATE WHO COMMITS SUCH A VIOLATION,
SHALL BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT NOT IN  EXCESS  OF  TEN
THOUSAND DOLLARS.
  2.  IN  ADDITION  TO THE PENALTIES PROVIDED IN SUBDIVISION ONE OF THIS
SECTION, IF THE AGGREGATE AMOUNT OF EXPENDITURES BY A  QUALIFIED  CANDI-
DATE  AND  SUCH CANDIDATE'S AUTHORIZED COMMITTEES EXCEED THE EXPENDITURE
LIMITATIONS CONTAINED IN THIS  ARTICLE  SUCH  CANDIDATE  AND  AUTHORIZED
COMMITTEES  SHALL  BE  SUBJECT  TO  A  CIVIL PENALTY IN AN AMOUNT NOT TO
EXCEED THREE TIMES THE SUM BY WHICH SUCH EXPENDITURES EXCEED THE  APPLI-
CABLE EXPENDITURE LIMITATION.
  3.  THE  INTENTIONAL  OR KNOWING FURNISHING OF ANY FALSE OR FICTITIOUS
EVIDENCE, BOOKS OR INFORMATION TO THE BOARD UNDER THIS ARTICLE,  OR  THE
INCLUSION  IN  ANY  EVIDENCE,  BOOKS,  OR  INFORMATION SO FURNISHED OF A
MISREPRESENTATION OF A MATERIAL FACT, OR THE FALSIFYING  OR  CONCEALMENT
OF  ANY  EVIDENCE,  BOOKS,  OR  INFORMATION RELEVANT TO ANY AUDIT BY THE
BOARD OR THE INTENTIONAL OR KNOWING VIOLATION OF ANY OTHER PROVISION  OF
THIS ARTICLE SHALL BE PUNISHABLE AS A CLASS A MISDEMEANOR IN ADDITION TO
ANY  OTHER PENALTY AS MAY BE PROVIDED UNDER LAW. THE BOARD SHALL SEEK TO
RECOVER ANY CLEAN ELECTION CAMPAIGN FUNDS OBTAINED AS A RESULT  OF  SUCH
CONDUCT.  ANY MONIES SO OBTAINED SHALL BE DEPOSITED INTO THE FUND.
  S  14-172. CAMPAIGNS FOR OFFICE NOT SUBJECT TO THIS ARTICLE.  CONTRIB-
UTIONS, LOANS, GUARANTEES AND OTHER SECURITY FOR  SUCH  LOANS  USED  AND
EXPENDITURES MADE TOWARD THE PAYMENT OF LIABILITIES INCURRED BY A CANDI-
DATE  IN AN ELECTION HELD PRIOR TO THE EFFECTIVE DATE OF THIS SECTION OR
IN WHICH HE OR SHE DID NOT CHOOSE TO PARTICIPATE IN THE  CLEAN  ELECTION
CAMPAIGN FUNDING PROVISIONS OF THIS ARTICLE, OR IN A CAMPAIGN FOR PUBLIC
OFFICE  OTHER  THAN ONE COVERED BY THIS ARTICLE, SHALL NOT BE SUBJECT TO
THE REQUIREMENTS AND LIMITATIONS OF THIS ARTICLE.
  S 14-174. REPORTS. 1. THE BOARD OF ELECTIONS SHALL REVIEW AND EVALUATE
THE EFFECT OF THIS ARTICLE UPON THE CONDUCT OF ELECTION CAMPAIGNS IN THE
STATE AND SHALL SUBMIT A REPORT TO THE GOVERNOR AND THE  LEGISLATURE  ON
OR  BEFORE  SEPTEMBER FIRST, TWO THOUSAND SIXTEEN, AND EVERY FOURTH YEAR
THEREAFTER, AND AT ANY OTHER TIME UPON THE REQUEST OF  THE  GOVERNOR  OR
THE  LEGISLATURE AND AT SUCH OTHER TIMES AS THE BOARD DEEMS APPROPRIATE,
CONTAINING:
  (A) THE NUMBER AND NAMES OF CANDIDATES QUALIFYING FOR AND CHOOSING  TO
RECEIVE  CLEAN  ELECTION CAMPAIGN FUNDS PURSUANT TO THIS ARTICLE, AND OF
CANDIDATES FAILING TO QUALIFY OR OTHERWISE NOT CHOOSING TO RECEIVE  SUCH
FUNDS, IN EACH ELECTION DURING THE FOUR PRECEDING CALENDAR YEARS;
  (B)  THE  AMOUNT  OF  CLEAN  ELECTION  CAMPAIGN  FUNDS PROVIDED TO THE
AUTHORIZED COMMITTEES OF EACH CANDIDATE PURSUANT TO THIS ARTICLE AND THE
CONTRIBUTIONS RECEIVED AND EXPENDITURES MADE BY EACH SUCH CANDIDATE  AND
THE AUTHORIZED COMMITTEES OF SUCH CANDIDATE, IN EACH ELECTION DURING THE
FOUR PRECEDING CALENDAR YEARS;
  (C)  RECOMMENDATIONS  AS  TO  WHETHER  THE  PROVISIONS OF THIS ARTICLE
GOVERNING MAXIMUM CONTRIBUTION AMOUNTS, THRESHOLDS FOR  ELIGIBILITY  AND

A. 8349                            15

EXPENDITURE  LIMITATIONS  SHOULD BE AMENDED AND SETTING FORTH THE AMOUNT
OF, AND REASONS FOR, ANY AMENDMENTS IT RECOMMENDS;
  (D)  ANALYSIS  OF  THE  EFFECT OF THIS ARTICLE 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;
  (E)  A  REVIEW  OF THE PROCEDURES UTILIZED IN PROVIDING CLEAN ELECTION
CAMPAIGN FUNDS TO CANDIDATES; AND
  (F) SUCH RECOMMENDATIONS FOR CHANGES  IN  THIS  ARTICLE  AS  IT  DEEMS
APPROPRIATE.
  2.  FOR  THE  REPORT  SUBMITTED  IN THE YEAR TWO THOUSAND SIXTEEN, THE
BOARD ALSO SHALL REVIEW ANY CONTRIBUTIONS MADE TO CANDIDATES AND AUTHOR-
IZED COMMITTEES PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE WHICH EXCEED
THE AMOUNT OF THE MAXIMUM CONTRIBUTION APPLICABLE PURSUANT TO  PARAGRAPH
(F)  OF  SUBDIVISION ONE OF SECTION 14-152 OF THIS ARTICLE AND REPORT AS
TO WHETHER SUCH CONTRIBUTIONS WERE RETURNED, EXPENDED OR OTHERWISE  USED
AND THE PURPOSES OF SUCH EXPENDITURES OR OTHER USES.
  S  14-176. CONSTRUCTION. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
PROHIBIT THE MAKING OR RECEIPT OF CONTRIBUTIONS TO THE EXTENT  PERMITTED
BY  THIS  CHAPTER  OR  TO  PERMIT THE MAKING OR RECEIPT OF CONTRIBUTIONS
OTHERWISE PROHIBITED.
  S 14-178. JOINT CAMPAIGN ACTIVITIES. NOTHING IN THIS ARTICLE SHALL  BE
CONSTRUED TO RESTRICT CANDIDATES FROM AUTHORIZING EXPENDITURES FOR JOINT
CAMPAIGN  MATERIALS  AND  OTHER JOINT CAMPAIGN ACTIVITIES, PROVIDED THAT
THE BENEFIT EACH CANDIDATE DERIVES FROM THE JOINT MATERIAL  OR  ACTIVITY
IS  PROPORTIONALLY  EQUIVALENT  TO  THE  EXPENDITURES AUTHORIZED BY SUCH
CANDIDATE.
  S 3. The tax law is amended by adding a new section 626-a to  read  as
follows:
  S  626-A. THE CLEAN ELECTION CAMPAIGN FINANCE FUND.  EFFECTIVE FOR ANY
TAXABLE YEAR COMMENCING ON OR AFTER THE FIRST OF JANUARY NEXT SUCCEEDING
THE EFFECTIVE DATE OF THIS SECTION, AN INDIVIDUAL IN  ANY  TAXABLE  YEAR
MAY  ELECT TO HAVE AN AMOUNT UP TO ONE HUNDRED DOLLARS OF ANY TAX OTHER-
WISE PAYABLE DEPOSITED TO THE  CLEAN  ELECTION  CAMPAIGN  FINANCE  FUND.
SUCH  CONTRIBUTION SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH
INDIVIDUAL. THE COMMISSIONER SHALL  INCLUDE  A  SPACE  ON  THE  PERSONAL
INCOME  TAX  RETURN  TO  ENABLE  A  TAXPAYER  TO AUTHORIZE SUCH DEPOSIT.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ALL REVENUES
COLLECTED PURSUANT TO THIS  SECTION  SHALL  BE  CREDITED  TO  THE  CLEAN
ELECTION  CAMPAIGN FINANCE FUND AND USED ONLY FOR THOSE PURPOSES ENUMER-
ATED IN SECTION 14-164 OF THE ELECTION LAW.
  S 4. Subdivision (e) of section 1-e of the legislative law, as amended
by section 1 of part S of chapter 62 of the laws of 2003, is amended  to
read as follows:
  (e)  (i)  The  first  statement of registration filed annually by each
lobbyist for calendar years through two thousand three shall be accompa-
nied by a registration fee of fifty dollars except that no  registration
fee  shall  be  required of a public corporation. A fee of fifty dollars
shall be required for any subsequent statement of registration filed  by
a  lobbyist  during  the same calendar year; (ii) The first statement of
registration filed annually by each lobbyist for calendar year two thou-
sand four shall be accompanied by a  registration  fee  of  one  hundred
dollars  except  that  no  registration  fee  shall be required from any
lobbyist who in any year does not expend, incur or receive an amount  in
excess of five thousand dollars of reportable compensation and expenses,

A. 8349                            16

as  provided  in  paragraph  five of subdivision (b) of section one-h of
this article, for the purposes of lobbying or of a public corporation. A
fee of one hundred dollars shall be required for any  subsequent  state-
ment  of registration filed by a lobbyist during the same calendar year;
(iii) The first statement  of  registration  filed  biennially  by  each
lobbyist  for  the first biennial registration requirements for calendar
years two thousand five and two thousand six and  thereafter,  shall  be
accompanied  by a registration fee of two hundred dollars except that no
registration fee shall be required from any lobbyist  who  in  any  year
does  not  expend, incur or receive an amount in excess of five thousand
dollars of reportable compensation and expenses, as  provided  in  para-
graph  five of subdivision (b) of section one-h of this article, for the
purposes of lobbying or of a public corporation. A fee  of  two  hundred
dollars  shall  be required for any subsequent statement of registration
filed by a lobbyist during the same biennial period; (iv) The  statement
of  registration  filed  after  the  due date of a biennial registration
shall be accompanied by a registration  fee  that  is  prorated  to  one
hundred  dollars  for  any registration filed after January first of the
second calendar year covered by the biennial reporting  requirement.  In
addition  to  the  fees  authorized  by this section, the commission may
impose a fee for late filing of a  registration  statement  required  by
this  section  not  to  exceed twenty-five dollars for each day that the
statement required to be filed is late,  except  that  if  the  lobbyist
making a late filing has not previously been required by statute to file
such  a  statement, the fee for late filing shall not exceed ten dollars
for each day that the statement required to be filed is late; (V)  FIFTY
DOLLARS  OF  ANY  REGISTRATION  FEE THAT IS EQUAL TO OR GREATER THAN ONE
HUNDRED DOLLARS AND THAT IS  PAID  AFTER  JANUARY  FIRST,  TWO  THOUSAND
SIXTEEN, SHALL BE DEPOSITED TO THE CREDIT OF THE CLEAN ELECTION CAMPAIGN
FINANCE FUND ESTABLISHED IN SECTION 14-164 OF THE ELECTION LAW.
  S  5.  Subdivision 1 of section 14-102 of the election law, as amended
by chapter 8 and as redesignated by chapter 9 of the laws  of  1978,  is
amended to read as follows:
  1.  The  treasurer of every political committee which, or any officer,
member or agent of any  such  committee  who,  in  connection  with  any
election,  receives  or  expends  any  money  or other valuable thing or
incurs any liability to pay money or its equivalent  shall  file  state-
ments  sworn,  or subscribed and bearing a form notice that false state-
ments made therein are punishable as a class A misdemeanor  pursuant  to
section 210.45 of the penal law, at the times prescribed by this article
setting forth all the receipts, contributions to and the expenditures by
and  liabilities  of  the  committee,  and  of its officers, members and
agents in its behalf. Such statements shall include the dollar amount of
any receipt, contribution or transfer, or the fair market value  of  any
receipt,  contribution  or  transfer,  which is other than of money, the
name [and], address AND OCCUPATION of  the  transferor,  contributor  or
person  from  whom  received,  THE  NAME,  ADDRESS AND OCCUPATION OF THE
TRANSFEROR'S OR CONTRIBUTOR'S EMPLOYER, IF ANY, and if  the  transferor,
contributor  or  person  is  a  political committee; the name of and the
political unit represented by the committee, the date  of  its  receipt,
the  dollar  amount  of  every  expenditure, the name and address of the
person to whom it was made or the name of and the political unit repres-
ented by the committee to which it was made and the  date  thereof,  and
shall  state  clearly  the  purpose of such expenditure.   Any statement
reporting a loan shall have attached to it a copy  of  the  evidence  of
indebtedness.  Expenditures  in  sums  under  fifty  dollars need not be

A. 8349                            17

specifically accounted for by separate items  in  said  statements,  and
receipts   and  contributions  aggregating  not  more  than  ninety-nine
dollars, from any one contributor need not be specifically accounted for
by  separate  items  in  said  statements,  provided  however, that such
expenditures, receipts and contributions shall be subject to  the  other
provisions of section 14-118 of this article.  ANY RECEIPT, CONTRIBUTION
OR  TRANSFER  FOR  WHICH THE INFORMATION REQUIRED BY THIS SUBDIVISION IS
NOT PROVIDED, SHALL NOT BE DEEMED  AVAILABLE  FOR  USE  BY  A  POLITICAL
COMMITTEE.
  S  6.  Subdivision 1 of section 14-108 of the election law, as amended
by chapter 955 of the laws of 1983, is amended to read as follows:
  1. The statements required by this article  shall  be  filed  at  such
times  as  the  state  board  of elections, by rule or regulation, shall
specify; provided, however, that in no event shall the board provide for
fewer than three filings in the aggregate in connection with any  prima-
ry,  general or special election, or in connection with a question to be
voted on and two of said filings shall  be  before  any  such  election,
including  one  such  filing  not  less  than  thirty days nor more than
forty-five days prior to such election [and], one such filing  not  less
than  eleven days nor more than fifteen days prior to such election, ONE
SUCH FILING SHALL INCLUDE THE  PERIOD  FROM  JANUARY  ELEVENTH,  THROUGH
MARCH  THIRTY-FIRST,  AND  ONE SUCH FILING SHALL INCLUDE THE PERIOD FROM
APRIL FIRST THROUGH MAY THIRTY-FIRST.   In  addition,  the  board  shall
provide  that  every  political committee which has filed a statement of
treasurer and depository shall make at least one filing every six months
between the time such statement of treasurer and depository is filed and
the time such committee goes  out  of  business.  If  any  candidate  or
committee  shall  be  required  by the provisions of this section, or by
rule or regulation hereunder, to effect two filings within a  period  of
five  days,  the  state  board  of elections may, by rule or regulation,
waive the requirement of filing the earlier of  such  statements.  If  a
statement  filed by a candidate or committee after the election to which
it pertains is not a final statement showing satisfaction of all liabil-
ities and disposition of all assets, such candidate or  committee  shall
file  such  additional  statements  as the board shall, by rule or regu-
lation provide until such a final statement is filed.
  S 7. Section 14-114 of the election law, subdivision 1 as amended  and
subdivision  10 as added by chapter 79 of the laws of 1992, paragraphs a
and b of subdivision 1 as amended by chapter 659 of the  laws  of  1994,
subdivision  3  as  amended by chapter 517 of the laws of 1986, subdivi-
sions 4, 5, 7 and 8 as amended by chapter 8 of the laws of  1978,  para-
graph a of subdivision 6 as amended and subdivisions 2, 4, 5, 6, 7 and 8
as  redesignated by chapter 9 of the laws of 1978, is amended to read as
follows:
  S 14-114. Contribution and receipt limitations. 1. The following limi-
tations apply to all contributions to candidates  for  election  to  any
public  office or for nomination for any such office, or for election to
any party positions, and to all contributions  to  political  committees
working  directly or indirectly with any candidate to aid or participate
in such candidate's nomination or election[,  other  than  any  contrib-
utions to any party committee or constituted committee]:
  a. In any election for a public office to be voted on by the voters of
the  entire  state, or for nomination to any such office, no contributor
may make a contribution to any candidate or political committee, and  no
candidate  or  political  committee may accept any contribution from any
contributor, which is in the aggregate amount greater than[:  (i) in the

A. 8349                            18

case of any nomination to public office, the product of the total number
of enrolled voters in the candidate's  party  in  the  state,  excluding
voters in inactive status, multiplied by $.005, but such amount shall be
not  less  than four thousand dollars nor more than twelve] ONE thousand
dollars [as increased or decreased by  the  cost  of  living  adjustment
described  in  paragraph  c of this subdivision, and (ii) in the case of
any election  to  a  public  office,  twenty-five  thousand  dollars  as
increased  or  decreased  by  the cost of living adjustment described in
paragraph c of this subdivision;  provided  however,  that  the  maximum
amount  which  may be so contributed or accepted, in the aggregate, from
any candidate's child, parent, grandparent, brother and sister, and  the
spouse  of  any  such persons, shall not exceed in the case of any nomi-
nation to public office an amount  equivalent  to  the  product  of  the
number of enrolled voters in the candidate's party in the state, exclud-
ing  voters  in inactive status, multiplied by $.025, and in the case of
any election for a public office, an amount equivalent to the product of
the number of registered voters in the state excluding voters  in  inac-
tive status, multiplied by $.025].
  b.  In  any  other  election  for  party position or for election to a
public office or for nomination for any such office, no contributor  may
make  a  contribution  to  any  candidate  or political committee and no
candidate or political committee may accept any  contribution  from  any
contributor,  which is in the aggregate amount greater than[: (i) in the
case of any election for party position, or  for  nomination  to  public
office, the product of the total number of enrolled voters in the candi-
date's  party  in  the  district  in  which he is a candidate, excluding
voters in inactive status, multiplied by $.05, and (ii) in the  case  of
any  election  for  a  public office, the product of the total number of
registered voters in the district, excluding voters in inactive  status,
multiplied  by $.05, however in the case of a nomination within the city
of New York for the office of mayor,  public  advocate  or  comptroller,
such  amount  shall be not less than four thousand dollars nor more than
twelve thousand dollars as increased or decreased by the cost of  living
adjustment  described in paragraph c of this subdivision; in the case of
an election within the city of New York for the office of mayor,  public
advocate  or  comptroller,  twenty-five thousand dollars as increased or
decreased by the cost of living adjustment described in paragraph  c  of
this  subdivision;  in  the case of a nomination for state senator, four
thousand dollars as increased or decreased by the cost of living adjust-
ment described in paragraph c of this subdivision; in  the  case  of  an
election  for  state  senator, six thousand two hundred fifty dollars as
increased or decreased by the cost of  living  adjustment  described  in
paragraph  c  of  this  subdivision; in the case of an election or nomi-
nation for a member of the  assembly,  twenty-five  hundred  dollars  as
increased  or  decreased  by  the cost of living adjustment described in
paragraph c of this subdivision; but in no event shall any such  maximum
exceed  fifty  thousand  dollars  or  be less than one thousand dollars;
provided however, that the maximum amount which may be so contributed or
accepted, in the aggregate, from any candidate's child,  parent,  grand-
parent,  brother  and  sister, and the spouse of any such persons, shall
not exceed in the case of any election for party position or  nomination
for  public office an amount equivalent to the number of enrolled voters
in the candidate's party in the district in which  he  is  a  candidate,
excluding  voters in inactive status, multiplied by $.25 and in the case
of any election to public office, an amount equivalent to the number  of
registered  voters in the district, excluding voters in inactive status,

A. 8349                            19

multiplied by $.25; or twelve hundred fifty dollars, whichever is great-
er, or in the case of a nomination or election of a state senator, twen-
ty thousand dollars, whichever is greater, or in the  case  of  a  nomi-
nation  or  election  of  a  member of the assembly twelve thousand five
hundred dollars, whichever is greater, but in no event  shall  any  such
maximum exceed] one [hundred] thousand dollars.
  c.  At the beginning of each fourth calendar year, commencing in nine-
teen hundred ninety-five, the state board shall determine the percentage
of the difference between the most  recent  available  monthly  consumer
price  index  for  all  urban  consumers  published by the United States
bureau of labor statistics and such consumer price index  published  for
the  same  month  four years previously. The amount of each contribution
limit fixed in this subdivision shall be adjusted by the amount of  such
percentage  difference  to  the closest one hundred dollars by the state
board which, not later than the first day of February in each such year,
shall issue a regulation publishing the amount of each such contribution
limit. Each contribution limit as so adjusted shall be the  contribution
limit in effect for any election held before the next such adjustment.
  2.  For  purposes  of  this section, contributions other than of money
shall be evaluated at their  fair  market  value.  The  state  board  of
elections  shall  promulgate regulations, consistent with law, governing
the manner of computing fair market value.
  3. [As used in this section the term "contributor" shall not include a
party committee supporting the candidate of such party or a  constituted
committee supporting the candidate of such party.
  4.] For purposes of this section, a portion of every contribution to a
party  committee, expended as other than non-candidate expenditures, and
a portion of every contribution to a political committee  authorized  to
support  more  than  one candidate, shall be deemed contributed to every
candidate supported by such committee. That portion shall be  determined
by  allocating the contributions received by the committee among all the
candidates supported by the committee in  accordance  with  any  formula
based upon reasonable standards established by the committee. The state-
ments  filed by such committee in accordance with this article shall set
forth, in addition to the other information required to  be  set  forth,
the  total  amount  received  by  the committee from each contributor on
behalf of all such candidates and the amount of each  such  contribution
allocated  to each candidate by dollar amount and percentage. Nothing in
this subdivision shall  require  allocating  contributions  expended  on
non-candidate expenditures to candidates.
  [5.  No  constituted  committee may expend, in any twelve month period
terminating on the day of a general election, other than  as  non-candi-
date  expenditures,  any  portion  of  any individual contribution which
exceeds, in the case of a state committee, one-half of one cent for each
registered voter in the state, or, in the case of any other  constituted
committee,  the  greater  of  one  cent for each registered voter in the
district in which the committee is organized or  five  hundred  dollars.
The  number  of  such  voters shall be determined as of the date of such
general election or as of the date of the general election in  whichever
of the preceding four years shall result in the greatest number.
  6]  4.    a.  A loan made to a candidate or political committee, other
than a constituted committee, by any person, firm, association or corpo-
ration other than in the regular course of the lender's  business  shall
be  deemed, to the extent not repaid by the date of the primary, general
or special election, as the case may be, a contribution by such  person,
firm, association or corporation.

A. 8349                            20

  b.  A  loan  made  to a candidate or political committee, other than a
constituted committee, by any person, firm, association  or  corporation
in  the  regular course of the lender's business shall be deemed, to the
extent not repaid by  the  date  of  the  primary,  general  or  special
election,  as the case may be, a contribution by the obligor on the loan
and by any other person endorsing, cosigning, guaranteeing,  collateral-
izing or otherwise providing security for the loan.
  [7.  For  the  purposes  of  this section, the number of registered or
enrolled voters shall be determined as  of  the  date  of  the  general,
special or primary election, as the case may be or as of the date of the
general  election  in  any  of  the preceding four years, whichever date
shall result in the greatest number and candidates running  jointly  for
the  offices of governor and lieutenant governor in a general or special
election shall be deemed to be one candidate.
  8] 5.  Except as may otherwise be provided for  a  candidate  and  his
family,  no  person  may contribute, loan or guarantee in excess of [one
hundred  fifty]  TWENTY-FIVE  thousand  dollars  within  the  state   in
connection with the nomination or election of persons to state and local
public  offices  and party positions within the state of New York in any
one calendar year. For the purposes of this subdivision "loan" or "guar-
antee" shall mean a loan or guarantee which is not repaid or  discharged
in the calendar year in which it is made.
  [10.  a.  No contributor may make a contribution to a party or consti-
tuted committee and no such committee may accept a contribution from any
contributor which, in the aggregate, is greater than sixty-two  thousand
five hundred dollars per annum.
  b.  At the beginning of each fourth calendar year, commencing in nine-
teen hundred ninety-five, the state board shall determine the percentage
of the difference between the most  recent  available  monthly  consumer
price  index  for  all  urban  consumers  published by the United States
bureau of labor statistics and such consumer price index  published  for
the  same  month  four years previously. The amount of such contribution
limit fixed in paragraph a of this subdivision shall be adjusted by  the
amount  of such percentage difference to the closest one hundred dollars
by the state board which, not later than the first day  of  February  in
each  such  year, shall issue a regulation publishing the amount of such
contribution limit. Such contribution limit as so adjusted shall be  the
contribution  limit in effect for any election held before the next such
adjustment.]
  S 8. Section 3-100 of the election law is REPEALED and a  new  section
3-100 is added to read as follows:
  S 3-100. STATE BOARD OF ELECTIONS.  1. THERE SHALL BE A STATE BOARD OF
ELECTIONS  CONSISTING  OF FIVE MEMBERS. ONE MEMBER OF THE BOARD SHALL BE
APPOINTED BY THE GOVERNOR, WHO SHALL  BE  THE  CHAIRPERSON,  ONE  MEMBER
SHALL  BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, ONE MEMBER
SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, ONE MEMBER  SHALL  BE
APPOINTED  BY  THE SENATE MINORITY LEADER, ONE MEMBER SHALL BE APPOINTED
BY THE ASSEMBLY MINORITY LEADER. THE MEMBERS SHALL FIRST BE APPOINTED TO
SERVE AS FOLLOWS:
  (A) ONE MEMBER APPOINTED BY THE GOVERNOR, AS CHAIRPERSON, FOR  A  TERM
OF FIVE YEARS;
  (B)  ONE MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY FOR A TERM OF
THREE YEARS;
  (C) ONE MEMBER APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE  FOR
A TERM OF THREE YEARS;

A. 8349                            21

  (D)  ONE  MEMBER APPOINTED BY THE SENATE MINORITY LEADER FOR A TERM OF
TWO YEARS;
  (E) ONE MEMBER APPOINTED BY THE ASSEMBLY MINORITY LEADER FOR A TERM OF
TWO YEARS.
  EACH TERM SHALL COMMENCE ON APRIL FIRST, TWO THOUSAND SIXTEEN.  THERE-
AFTER, EACH MEMBER SHALL BE APPOINTED FOR A TERM OF FIVE YEARS ACCORDING
TO  THE  ORIGINAL  MANNER  OF  APPOINTMENT.  IN CASE OF A VACANCY IN THE
OFFICE OF A MEMBER, A MEMBER SHALL BE APPOINTED TO SERVE FOR THE REMAIN-
DER OF THE UNEXPIRED TERM ACCORDING TO THE ORIGINAL MANNER  OF  APPOINT-
MENT.  EACH  MEMBER SHALL BE A RESIDENT OF THE STATE, REGISTERED TO VOTE
THEREIN. EACH MEMBER SHALL AGREE NOT TO MAKE CONTRIBUTIONS TO ANY CANDI-
DATE FOR NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE  OF  GOVER-
NOR, LIEUTENANT GOVERNOR, COMPTROLLER, ATTORNEY GENERAL OR MEMBER OF THE
LEGISLATURE.    NO MEMBER SHALL SERVE AS AN OFFICER OF A POLITICAL PARTY
OR BE A CANDIDATE OR PARTICIPATE IN ANY CAPACITY  IN  A  CAMPAIGN  BY  A
CANDIDATE  FOR  NOMINATION  FOR  ELECTION  OR  ELECTION TO THE OFFICE OF
GOVERNOR, LIEUTENANT GOVERNOR, COMPTROLLER, ATTORNEY GENERAL  OR  MEMBER
OF  THE  LEGISLATURE.   OFFICERS AND EMPLOYEES OF THE STATE OR ANY STATE
AGENCY, LOBBYISTS REQUIRED TO FILE A STATEMENT OF REGISTRATION UNDER THE
LOBBYING ACT AND THE EMPLOYEES OF SUCH LOBBYISTS SHALL NOT  BE  ELIGIBLE
TO  BE  MEMBERS  OF  THE BOARD.   MEMBERS OF THE BOARD SHALL BE SELECTED
SOLELY ON THE BASIS OF MERIT AND WITHOUT REGARD TO POLITICAL AFFILIATION
AND SHALL NOT BE DISQUALIFIED FROM CONTINUING IN OFFICE FOR  ANY  REASON
OTHER THAN UNFITNESS OR INABILITY TO PERFORM THE DUTIES INVOLVED.
  2.  THE  MEMBERS  OF THE BOARD SHALL BE COMPENSATED AT THE RATE OF ONE
HUNDRED DOLLARS PER CALENDAR DAY WHEN PERFORMING THE WORK OF THE BOARD.
  3. THE BOARD MAY EMPLOY NECESSARY STAFF, INCLUDING AN EXECUTIVE DIREC-
TOR AND A COUNSEL, AND MAKE NECESSARY EXPENDITURES SUBJECT TO  APPROPRI-
ATION.  THE  BOARD MAY EMPLOY SUCH STAFF, INCLUDING LEGAL AND ACCOUNTING
STAFF, AS ARE NECESSARY FOR PROVIDING TECHNICAL ASSISTANCE  TO  PROSPEC-
TIVE  AND  PARTICIPATING CANDIDATES, FOR THE PURPOSE OF PROMOTING UNDER-
STANDING OF, PARTICIPATION IN, AND COMPLIANCE WITH THE  REQUIREMENTS  OF
THE CAMPAIGN FINANCE PROGRAM CREATED BY ARTICLE FOURTEEN-A OF THIS CHAP-
TER.
  4.  NO  MEMBER  OF  THE  BOARD SHALL BE REMOVED FROM OFFICE EXCEPT FOR
CAUSE AND UPON NOTICE AND HEARING.
  S 9. Section 3-104 of the election law is  amended  by  adding  a  new
subdivision 3-a to read as follows:
  3-A.  IF  AFTER  AN  INVESTIGATION, THE STATE BOARD OF ELECTIONS FINDS
REASONABLE CAUSE TO BELIEVE THAT A VIOLATION OF ARTICLE FOURTEEN OF THIS
CHAPTER HAS TAKEN PLACE, IT MAY INSTITUTE AN ADJUDICATORY PROCEEDING  IN
ACCORDANCE WITH SECTION 3-105 OF THIS TITLE FOR THE PURPOSE OF DETERMIN-
ING  WHETHER  OR  NOT  A VIOLATION HAS TAKEN PLACE AND ASSESSING A CIVIL
PENALTY PURSUANT TO SECTION 14-126 OF THIS CHAPTER.
  S 10. The election law is amended by adding a  new  section  3-109  to
read as follows:
  S  3-109. ADJUDICATORY PROCEEDING.  1. EXCEPT AS OTHERWISE PROVIDED IN
THIS SECTION, AN ADJUDICATORY PROCEEDING TO DETERMINE WHETHER OR  NOT  A
VIOLATION  OF  ARTICLE  FOURTEEN  OF THIS CHAPTER HAS TAKEN PLACE AND TO
ASSESS A CIVIL PENALTY PURSUANT TO SECTION 14-126 OF THIS CHAPTER  SHALL
BE  CONDUCTED  IN ACCORDANCE WITH ARTICLE THREE OF THE STATE ADMINISTRA-
TIVE PROCEDURE ACT.
  2. SUCH PROCEEDING SHALL BE CONDUCTED BY A HEARING OFFICER SELECTED ON
A RANDOM BASIS BY THE STATE BOARD OF ELECTIONS FROM AN ACTIVE LIST OF AT
LEAST SIX ATTORNEYS WHO HAVE APPLIED FOR AND BEEN APPROVED BY THE  BOARD
AS  HEARING  OFFICERS.  SUCH  HEARING  OFFICER SHALL BE A STATE BOARD OF

A. 8349                            22

ELECTIONS COMMISSIONER OR AN INDEPENDENT CONTRACTOR WHO SHALL BE COMPEN-
SATED ON A PER DIEM BASIS AT A RATE FIXED BY  THE  BOARD  IN  ITS  REGU-
LATIONS PROMULGATED PURSUANT TO THIS SECTION.
  3.  THE HEARING OFFICER SHALL PREPARE AND SUBMIT TO THE STATE BOARD OF
ELECTIONS, TOGETHER WITH THE ENTIRE RECORD OF THE PROCEEDING, A  WRITTEN
REPORT  CONTAINING FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDA-
TIONS CONCERNING THE IMPOSITION OF A CIVIL PENALTY.
  4. AFTER REVIEWING THE RECORD, FINDINGS, AND  RECOMMENDATIONS  OF  THE
HEARING OFFICER, THE STATE BOARD SHALL MAKE A DETERMINATION AS TO WHETH-
ER  OR  NOT A VIOLATION HAS OCCURRED AND, WHENEVER APPROPRIATE, IMPOSE A
PENALTY CONSISTENT WITH SECTION 14-126 OF THIS  CHAPTER.  REGARDLESS  OF
WHETHER OR NOT A PENALTY IS ASSESSED, THE STATE BOARD OF ELECTIONS SHALL
ISSUE  A  WRITTEN  DETERMINATION  SETTING FORTH ITS FINDINGS AND CONCLU-
SIONS.
  5. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE RULES AND REGULATIONS
TO IMPLEMENT THE PROVISIONS OF THIS SECTION AND SUBDIVISION  THREE-A  OF
SECTION  3-104  OF THIS TITLE, INCLUDING, BUT NOT LIMITED TO, PROCEDURAL
RULES AS PROVIDED FOR IN SUBDIVISION THREE OF SECTION THREE HUNDRED  ONE
OF  THE  STATE ADMINISTRATIVE PROCEDURE ACT, FACTORS TO BE CONSIDERED IN
SETTING A PENALTY AMOUNT PURSUANT TO SUBDIVISION ONE OF  SECTION  14-126
OF  THIS CHAPTER, A PER DIEM COMPENSATION RATE FOR HEARING OFFICERS, AND
ANY QUALIFICATIONS FOR HEARING OFFICERS WHICH THE BOARD DEEMS  NECESSARY
IN  ORDER  TO INSURE THEIR OBJECTIVITY AND INDEPENDENCE. CONCERNING SUCH
QUALIFICATIONS, THE RULES AND REGULATIONS SHALL PROVIDE, AT  A  MINIMUM,
THAT  HEARING  OFFICERS  BE  MEMBERS IN GOOD STANDING OF THE BAR OF THIS
STATE, THAT THEY REFRAIN  FROM  APPEARING  BEFORE  THE  STATE  BOARD  OF
ELECTIONS  OR  FROM  ANY ACTIVITIES AS A LOBBYIST, AND THAT THEY HOLD NO
PUBLIC OFFICE OR PARTY POSITION.
  6. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS LIMITING ANY EXISTING
POWERS OF THE STATE BOARD OF ELECTIONS, INCLUDING, BUT NOT  LIMITED  TO,
ITS  INVESTIGATIVE  POWERS  AND ITS POWER TO REFER VIOLATIONS WARRANTING
CRIMINAL PROSECUTION TO THE APPROPRIATE DISTRICT ATTORNEY.
  S 11. If any section of this act or any part thereof shall be adjudged
by any court of competent jurisdiction  to  be  invalid,  such  judgment
shall  not  affect,  impair  or  invalidate  the  remainder or any other
section or part thereof.
  S 12. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.