S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10539
 
                           I N  A S S E M B L Y
 
                               June 3, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Magnarelli)
   -- read once and referred to the Committee on Election Law
 
 AN ACT to amend the election law, in relation to public campaign financ-
   ing surpluses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Subdivision 19 of section 14-200-a of the election law, as
 added by section 4 of part ZZZ of chapter 58 of the  laws  of  2020,  is
 amended to read as follows:
   19.  "surplus" means [those funds where the total sum of contributions
 received and] THE DIFFERENCE BETWEEN public [matchable]  MATCHING  funds
 received  by a participating candidate and [his or her] SUCH CANDIDATE'S
 authorized committee [exceeds the total campaign  expenditures  of  such
 candidate  and  authorized  committee] for all covered elections held in
 the same calendar year or for a special election to fill a  vacancy  AND
 THE TOTAL SUCH CANDIDATE AND SUCH CANDIDATE'S AUTHORIZED COMMITTEE SPENT
 ON  QUALIFIED CAMPAIGN EXPENDITURES; PROVIDED THAT IN CASES WHERE QUALI-
 FIED CAMPAIGN EXPENDITURES OF  SUCH  CANDIDATE  EXCEED  PUBLIC  MATCHING
 FUNDS RECEIVED BY SUCH CANDIDATE AND SUCH CANDIDATE'S AUTHORIZED COMMIT-
 TEE  FOR  ALL  COVERED ELECTIONS HELD IN THE SAME CALENDAR YEAR OR FOR A
 SPECIAL ELECTION TO FILL A VACANCY, THE SURPLUS IS ZERO.
   § 2. Paragraph (c) of subdivision 2 of section 14-208 of the  election
 law,  as  added  by  section  4 of part ZZZ of chapter 58 of the laws of
 2020, is amended to read as follows:
   (c) If [the total sum of contributions received  and  public  matching
 payments  from the fund received by a participating candidate and his or
 her authorized committee exceed the total campaign expenditures of  such
 candidate and authorized committee for all covered elections held in the
 same  calendar year or for a special election to fill a vacancy] UNSPENT
 PUBLIC MATCHING FUNDS REMAIN IN A PARTICIPATING  CANDIDATE'S  AUTHORIZED
 COMMITTEE  BANK  ACCOUNT AT THE END OF AN ELECTION CYCLE THAT EXCEED THE
 PARTICIPATING CANDIDATE'S TOTAL QUALIFIED  CAMPAIGN  EXPENDITURES,  such
 candidate  and  committee shall [use such surplus funds to reimburse the
 fund for payments received by such authorized committee  from  the  fund

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

                                                            LBD15842-01-4
 A. 10539                            2

 during such calendar year or for such special election] PAY THE FUND THE
 AMOUNT  OF  SUCH  SURPLUS.  Participating  candidates  shall  make  such
 payments not later than twenty-seven days after all liabilities for  the
 election  have  been  paid  and  in any event, not later than the day on
 which the PCFB issues its  final  audit  report  for  the  participating
 candidate's  authorized  committee;  provided, however, that all unspent
 public campaign funds for a participating candidate shall be immediately
 due and payable to the PCFB upon a determination by the  PCFB  that  the
 participant  has delayed the post-election audit. A participating candi-
 date may make post-election expenditures  with  public  funds  only  for
 routine  activities involving nominal [cost] COSTS associated with wind-
 ing up a campaign and responding to the post-election audit. Nothing  in
 this  title  shall  be  construed to prevent a candidate or [his or her]
 SUCH CANDIDATE'S authorized committee from using campaign  contributions
 received from private contributors for otherwise lawful expenditures.
   §  3. This   act shall take effect immediately. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed by the public campaign finance board
 on or before such effective date.