S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    152
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Election Law
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation  to  fair  competition  for  publicly  financed candidates by
   establishing the Bloomberg waiver

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subparagraph (iii) of paragraph (a) of subdivision 1 of
 section 3-717 of the administrative code of the city  of  New  York,  as
 separately  added  by local law numbers 58, 59 and 60 of the city of New
 York for the year 2004 and renumbered by local law  number  128  of  the
 city of New York for the year 2019, is amended to read as follows:
   (iii)  (A)  file  a  written  certification  in  such  form  as may be
 prescribed by the campaign finance board, which sets forth  his  or  her
 acceptance  of  and agreement to comply with the terms and conditions of
 this section and the rules promulgated hereby, which includes an  affir-
 mation  that  the candidate has a sufficient amount of personal funds to
 fund his or her campaign; and
   (B) THAT THE CAMPAIGN FINANCE BOARD SHALL PROPOSE TO SUCH CANDIDATE  A
 VOLUNTARY PERSONAL FUNDS SPENDING LIMIT OF NOT  MORE  THAN  ONE  HUNDRED
 TWENTY-FIVE PERCENT OF SUCH CAMPAIGN FINANCE BOARD'S RECOMMENDED EXPEND-
 ITURE  LIMIT OF THE ELECTED OFFICE CONTESTED; PROVIDED, HOWEVER, THAT IF
 SUCH  LIMIT IS DECLINED BY SUCH CANDIDATE,  A  BLOOMBERG  WAIVER OF  THE
 EXISTING LIMITATIONS ON AN OPPOSING, PUBLICLY FUNDED CANDIDATE'S ABILITY
 TO RAISE AND EXPEND PRIVATE FUNDS MAY BE GRANTED BY THE CAMPAIGN FINANCE
 BOARD UPON APPLICATION, IN A MANNER DETERMINED BY SUCH BOARD, AND UPON A
 SHOWING  OF  SUBSTANTIAL  FINANCIAL  DISADVANTAGE  DEMONSTRATED BY   THE
 DISPARITY IN PERSONAL FUNDS AVAILABLE; PROVIDED, HOWEVER, THAT ONCE SUCH
 WAIVER  IS GRANTED,  THE  FINANCIALLY  DISADVANTAGED  CANDIDATE MAY  NOT
 EXPEND A GREATER AMOUNT THAN THE AMOUNT EXPENDED BY THE PERSONALLY FUND-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04294-01-1

 A. 152                              2
 
 ED OPPONENT AS REPORTED TO THE STATE BOARD OF ELECTIONS; EXCEPT THAT THE
 LIMITATIONS ON MATCHING FUNDS SHALL NOT BE MODIFIED; AND
   (C) the deadline for filing such certification for a primary, general,
 or  special  election  shall  be  the  deadline  date for filing written
 certifications pursuant to PARAGRAPH (C) OF SUBDIVISION ONE  OF  section
 [3-703(1)(c)]  3-701  by  candidates  seeking nomination for election or
 election to the same office in the  same  calendar  year  as  candidates
 seeking  to  file a certification pursuant to this subparagraph, and the
 provisions of  [such]  PARAGRAPH  (C)  OF  SUBDIVISION  ONE  OF  section
 [3-703(1)(c)]  3-701  relating  to  the  occurrence of an "extraordinary
 circumstance" shall apply to limited participating candidates; and
   § 2. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which  it shall have become a law and shall apply to
 elections occurring on or after such effective date.