S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7760
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 6, 2023
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the election law, in relation to public campaign financ-
   ing; and to repeal section 11 of part ZZZ of chapter 58 of the laws of
   2020  amending the election law relating to public financing for state
   office; amending the state finance law relating  to  establishing  the
   New  York state campaign finance fund; and amending the tax law relat-
   ing to establishing the NYS campaign finance fund check-off,  relating
   to the severability of the provisions thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 11 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:
   11. (a) "matchable contribution" means a contribution  not  less  than
 five  dollars  and not more than two hundred fifty dollars, for a candi-
 date for public office to be voted on by the voters of the entire  state
 or  for  nomination  to  any such office, a contribution for any covered
 elections held in the same election cycle, made by a natural person  who
 is a resident in the state of New York to a participating candidate, and
 for  a  candidate  for election to the state assembly or state senate or
 for nomination to any  such  office,  a  contribution  for  any  covered
 elections  held in the same election cycle, made by a natural person who
 AT THE TIME SUCH CONTRIBUTION IS MADE is also a resident of  such  state
 assembly  or  state senate district from which such candidate is seeking
 nomination or election, that has been reported in full to  the  PCFB  in
 accordance with sections 14-102 and 14-104 of this article by the candi-
 date's  authorized  committee  and has been contributed on or before the
 day of the applicable primary, general, runoff, or special election. Any
 contribution, contributions, or a portion of a  contribution  determined

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11550-10-3
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 to  be  invalid  for  matching funds by the PCFB may not be treated as a
 matchable contribution for any purpose.
   (b) The following contributions are not matchable:
   (i) loans;
   (ii) in-kind contributions of property, goods, or services;
   (iii) contributions in the form of the purchase price paid for an item
 with significant intrinsic and enduring value;
   (iv) transfers from a party or constituted committee;
   (v) anonymous contributions;
   (vi)  contributions  whose source is not itemized as required by these
 recommendations;
   (vii) contributions gathered during a previous election cycle;
   (viii) illegal contributions;
   (ix) contributions from minors;
   (x) contributions from vendors for campaigns hired  by  the  candidate
 for such election cycle; AND
   (xi)  contributions  from lobbyists registered pursuant to subdivision
 (a) of section one-c of the legislative law; and
   (xii) [any] THE portion of a contribution [when the aggregate contrib-
 utions are] WHICH IS in excess of  two  hundred  fifty  dollars  IN  THE
 AGGREGATE  from  any one contributor to such participating candidate for
 nomination or election.
   § 2. 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 authorized  commit-
 tee  [exceeds  the  total  campaign  expenditures  of such candidate and
 authorized committee] for all covered elections held in the same  calen-
 dar  year or for a special election to fill a vacancy AND THE TOTAL SUCH
 CANDIDATE AND  HIS  OR  HER  AUTHORIZED  COMMITTEE  SPENT  ON  QUALIFIED
 CAMPAIGN  EXPENDITURES;  PROVIDED THAT IN CASES WHERE QUALIFIED CAMPAIGN
 EXPENDITURES OF SUCH CANDIDATE EXCEED PUBLIC MATCHING FUNDS RECEIVED  BY
 SUCH  CANDIDATE  AND  HIS  OR  HER  AUTHORIZED COMMITTEE FOR ALL COVERED
 ELECTIONS HELD IN THE SAME CALENDAR YEAR OR FOR A  SPECIAL  ELECTION  TO
 FILL A VACANCY, THE SURPLUS IS ZERO.
   § 3. Section 14-203 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:
   § 14-203. Eligibility.  1.  Terms  and  conditions. To be eligible for
 [voluntary public financing] PUBLIC MATCHING FUNDS under this  title,  a
 candidate must:
   (a) be a candidate in a covered election;
   (b)  meet  all  the requirements of law to have his or her name on the
 ballot, subject to the requirements  of  subdivision  three  of  section
 1-104 and subdivision one of section 6-142 of this chapter;
   (c)  in  the case of a covered general or special election, be opposed
 by another candidate on the ballot who is not a write-in candidate;
   (d) submit a certification in the form of an affidavit, in  such  form
 as  may be prescribed by the PCFB, that sets forth his or her acceptance
 of and agreement to  comply  with  the  terms  and  conditions  for  the
 provision  of such funds in each covered election and such certification
 shall be submitted at least four months before a primary election and on
 the last day in which a  certification  of  nomination  is  filed  in  a
 special election pursuant to a schedule promulgated by the PCFB;
   (e) be certified as a participating candidate by the PCFB;
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   (f)  not  make, and not have made, expenditures from or use his or her
 personal funds or property or the personal  funds  or  property  jointly
 held  with  his  or  her spouse, or unemancipated children in connection
 with his or her nomination for election or election to a covered office,
 but  may  make  a  contribution to his or her authorized committee in an
 amount that does not exceed  three  times  the  applicable  contribution
 limit  from  an individual contributor to candidates for the office that
 he or she is seeking;
   (g) meet the threshold for eligibility set forth in subdivision two of
 this section;
   (G-1) NOT OWE ANY PAYMENTS, REPAYMENTS, OR CIVIL PENALTIES PURSUANT TO
 THIS TITLE OR ANY REGULATIONS PROMULGATED  THEREUNDER,  OR  ANY  SIMILAR
 PAYMENTS, REPAYMENTS, OR CIVIL PENALTIES UNDER ANY LOCAL PUBLIC CAMPAIGN
 FINANCE PROGRAM WITHIN THE PREVIOUS TEN YEARS;
   (h)  continue  to  abide  by all requirements during the post-election
 period; and
   (i) not have accepted contributions in amounts exceeding the  contrib-
 ution  limits set forth for candidates in paragraphs a and b of subdivi-
 sion one of section 14-114 of this article during the election cycle for
 which the candidate seeks certification;
   (i) Provided however, that,  if  a  candidate  accepted  contributions
 exceeding  such  limits, such acceptance shall not prevent the candidate
 from being certified by the PCFB if the candidate in a reasonable  time,
 as  determined  by  rule, pays to the fund or returns to the contributor
 the portion of any contribution that exceeded  the  applicable  contrib-
 ution limit.
   (ii)  If  the candidate is unable to return such funds in a reasonable
 time, as determined by rule,  because  they  have  already  been  spent,
 acceptance  of  contributions exceeding the limits shall not prevent the
 candidate from being certified by the PCFB if the candidate  submits  an
 affidavit  agreeing to pay to the fund all portions of any contributions
 that exceeded the limit no later than thirty  days  before  the  general
 election.  If  a candidate provides the PCFB with such an affidavit, any
 disbursement of public funds to the candidate shall  be  reduced  by  no
 more  than twenty-five percent until the total amount owed by the candi-
 date is repaid.
   (iii) Nothing in this section shall be interpreted to require a candi-
 date who retains funds raised during  any  previous  election  cycle  to
 forfeit such funds. Funds raised during a previous election cycle may be
 retained  and  used by the candidate for the candidate's campaign in the
 next election cycle but funds  shall  not  qualify  for  satisfying  the
 threshold  for  participating  in  the  public  campaign finance program
 established in this title nor shall they be eligible to be matched.  The
 PCFB  shall  adopt  regulations  to ensure that contributions that would
 satisfy the applicable contribution  limits  authorized  in  this  title
 shall be transferred into the appropriate campaign account.
   (iv)  Contributions received and expenditures made by the candidate or
 an authorized committee of the candidate prior to the effective date  of
 this  title  shall  not constitute a violation of this title. Unexpended
 contributions shall be treated the  same  as  campaign  surpluses  under
 subparagraph  (iii)  of  this  paragraph. Nothing in this recommendation
 shall be construed to limit, in any way, any candidate or  public  offi-
 cial  from  expending any portion of pre-existing campaign funds for any
 lawful purpose other than those related to his or her campaign.
   (v) A candidate who has raised matchable  contributions  but,  in  the
 case  of  a covered primary, general or special election, is not opposed
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 by another candidate on the ballot who is not a write-in  candidate,  or
 who chooses not to accept matchable funds, may retain such contributions
 and  apply  them  in  accord  with  this  title  to the candidate's next
 campaign, should there be one, in the next election cycle.
   (VI)  THE TOTAL AMOUNT OF PUBLIC MATCHING FUNDS AVAILABLE TO A PARTIC-
 IPATING CANDIDATE AND HIS OR HER  AUTHORIZED  COMMITTEE  FOR  A  COVERED
 GENERAL  ELECTION  PURSUANT TO SUBDIVISION TWO OF SECTION 14-204 OF THIS
 TITLE SHALL BE REDUCED BY ANY UNEXPENDED PUBLIC MATCHING FUNDS  RECEIVED
 BY  SUCH  CANDIDATE  AND  HIS  OR HER AUTHORIZED COMMITTEE FOR A COVERED
 PRIMARY ELECTION.
   2. Threshold for eligibility. (a) The threshold  for  eligibility  for
 public funding for participating candidates shall be in the case of:
   (i)  governor, not less than five hundred thousand dollars in contrib-
 utions including at least five thousand matchable contributions shall be
 counted toward this qualifying threshold;
   (ii) lieutenant governor, attorney general and comptroller,  not  less
 than  one  hundred  thousand dollars in contributions including at least
 one thousand matchable contributions shall be counted toward this quali-
 fying threshold;
   (iii) state senator, except as otherwise provided in paragraph (c)  of
 this subdivision, not less than [twelve] TWENTY-FOUR thousand dollars in
 contributions  including  at  least  [one] THREE hundred fifty matchable
 contributions shall be counted toward this qualifying threshold; and
   (iv) member of the assembly, except as otherwise provided in paragraph
 (c) of this subdivision, not less than [six]  TEN  thousand  dollars  in
 contributions  including  at least [seventy-five] ONE HUNDRED FORTY-FIVE
 matchable contributions shall be counted toward this qualifying  thresh-
 old.
   (b)  [However,  solely  for]  FOR  purposes  of achieving the monetary
 thresholds in paragraph (a) of this subdivision, the first  two  hundred
 fifty dollars of any contribution of more than two hundred fifty dollars
 to  a  candidate  or  a  candidate's  committee which would otherwise be
 [matchable except that it comes from a contributor who  has  contributed
 more  than  two  hundred  fifty dollars to such candidate or candidate's
 committee, is] deemed to be a matchable  contribution  and  shall  count
 toward  satisfying  such  monetary threshold [but shall not otherwise be
 considered a matchable contribution].  THE PORTION OF  ANY  CONTRIBUTION
 WHICH  IS  IN  EXCESS OF TWO HUNDRED FIFTY DOLLARS IN THE AGGREGATE TO A
 CANDIDATE OR CANDIDATE'S COMMITTEE SHALL  NOT  BE  MATCHABLE,  PROVIDED,
 HOWEVER,  THE FIRST TWO HUNDRED FIFTY DOLLARS OF SUCH CONTRIBUTION SHALL
 BE CONSIDERED A MATCHABLE CONTRIBUTION PROVIDED THAT  SUCH  CONTRIBUTION
 IS  OTHERWISE  DETERMINED  TO  BE VALID FOR PUBLIC MATCHING FUNDS BY THE
 PCFB.
   (c) With respect to the minimum  dollar  threshold  for  participating
 candidates  for state senate and state assembly, in such districts where
 average median income ("AMI") is below the  AMI  as  determined  by  the
 United  States  Census Bureau three years before such election for which
 public funds are sought, such minimum dollar threshold  for  eligibility
 shall  be  reduced  [by  one-third]  TO SIXTEEN THOUSAND DOLLARS FOR THE
 SENATE AND SIX THOUSAND DOLLARS FOR THE ASSEMBLY.  The PCFB  shall  make
 public  which  districts are subject to such reduction no later than two
 years before the first primary election for which funding is sought.
   (d) Any participating candidate meeting the threshold for  eligibility
 in  a primary election for one of the foregoing offices shall be applied
 to satisfy the threshold for eligibility for such office  in  any  other
 subsequent  election  held  in the same calendar year. Any participating
 A. 7760                             5
 
 candidate who is nominated in a primary election and has participated in
 the public financing program set forth in this title, [must]  SHALL  NOT
 BE  REQUIRED  TO  participate  in  the  PUBLIC FINANCING PROGRAM FOR THE
 general election for such office SHOULD THEY CHOOSE TO RUN IN THE GENER-
 AL ELECTION.
   § 4. Subdivisions 1, 2 and 5 of section 14-204 of the election law, as
 added  by  section  4 of part ZZZ of chapter 58 of the laws of 2020, are
 amended to read as follows:
   1. In any primary election, receipt of public funds  by  participating
 candidates and by their participating committees shall not exceed:
   (a) for Governor                                             $3,500,000
   (b) for Lieutenant Governor, Attorney General or Comptroller $3,500,000
   (c) for State Senator                                        $375,000
   (d) for Member of the Assembly                               [$175,000]
                                                                $145,000
   2.  In  any  general or special election, receipt of public funds by a
 participating candidate's authorized committees shall not exceed:
   (a) for Governor and Lieutenant Governor (combined)          $3,500,000
   (b) for Attorney General                                     $3,500,000
   (c) for Comptroller                                          $3,500,000
   (d) for State Senator                                        $375,000
   (e) for Member of the Assembly                               [$175,000]
                                                                $145,000
   5. A candidate only on the ballot in one or more primary elections  in
 which  the number of persons eligible to vote for party nominees in each
 such election totals fewer than one thousand shall  not  receive  public
 funds in excess of five thousand dollars for qualified campaign expendi-
 tures  in  such election or elections; PROVIDED, HOWEVER, SUCH CANDIDATE
 MAY RECEIVE UP TO FIVE THOUSAND DOLLARS PER EACH ADDITIONAL ONE THOUSAND
 VOTERS OVER THE FIRST ONE THOUSAND VOTERS BUT SHALL NOT  RECEIVE  PUBLIC
 FUNDS IN EXCESS OF FIFTEEN THOUSAND DOLLARS TOTAL FOR QUALIFIED CAMPAIGN
 EXPENDITURES  IN  SUCH  ELECTION  OR ELECTIONS. For the purposes of this
 section, the number of persons eligible to vote for party nominees in  a
 primary  election shall be as determined by the state board of elections
 for the calendar year of the primary election. A candidate for office on
 the ballot in more than one primary for such office,  shall  be  deemed,
 for purposes of this recommendation, to be a single candidate.
   §  5.  Subdivisions  3 and 4 of section 14-205 of the election law, as
 added by section 4 of part ZZZ of chapter 58 of the laws  of  2020,  are
 amended to read as follows:
   3.  Timing  of  payment. (A) The PCFB shall make any payment of public
 matching funds to participating candidates as soon  as  is  practicable.
 But  in all cases, it shall verify eligibility for public matching funds
 within four days,  excluding  weekends  and  holidays,  of  receiving  a
 campaign  contribution report filed in compliance with section 14-104 of
 this article. Within two days of determining  that  a  candidate  for  a
 covered office is eligible for public matching funds, it shall authorize
 payment  of  the  applicable  matching funds owed to the candidate. [The
 PCFB shall schedule at least three payment  dates  in  the  thirty  days
 prior to a covered primary, general, or special election. If any of such
 payments  would require payment on a weekend or federal holiday, payment
 shall be made on the next business day.]
   (B) THE PCFB SHALL SCHEDULE PAYMENT DATES ON (I) DECEMBER FIFTEENTH OF
 THE YEAR PRECEDING THE  YEAR  OF  THE  COVERED  ELECTION,  (II)  JANUARY
 FIFTEENTH,  FEBRUARY  FIFTEENTH, MARCH FIFTEENTH, APRIL FIFTEENTH, AND A
 MINIMUM OF THREE PAYMENT DATES WITHIN THE FORTY-FIVE  DAYS  PRIOR  TO  A
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 COVERED  PRIMARY  ELECTION,  (III)  JULY FIFTEENTH AND A MINIMUM OF FOUR
 PAYMENT DATES  WITHIN  THE  NINETY  DAYS  PRIOR  TO  A  COVERED  GENERAL
 ELECTION,  AND  (IV)  A MINIMUM OF THREE PAYMENT DATES WITHIN THE THIRTY
 DAYS  PRIOR TO ANY OTHER COVERED ELECTION. IF ANY OF SUCH PAYMENTS WOULD
 REQUIRE PAYMENT ON A WEEKEND OR FEDERAL HOLIDAY, PAYMENT SHALL  BE  MADE
 ON  THE  NEXT BUSINESS DAY. A CERTIFICATION PURSUANT TO PARAGRAPH (D) OF
 SUBDIVISION ONE OF SECTION 14-203 OF THIS TITLE  SHALL  BE  REQUIRED  TO
 HAVE  BEEN FILED WITH THE PCFB NO LATER THAN FIFTEEN BUSINESS DAYS PRIOR
 TO THE DECEMBER FIFTEENTH, JANUARY FIFTEENTH, FEBRUARY FIFTEENTH,  MARCH
 FIFTEENTH,  APRIL  FIFTEENTH,  OR JULY FIFTEENTH PAYMENT DATES SCHEDULED
 PURSUANT TO THIS SUBDIVISION FOR A PARTICIPATING  CANDIDATE  TO  RECEIVE
 PUBLIC  FUNDS  ON SUCH PAYMENT DATE. FOR PURPOSES OF SUCH PAYMENT DATES,
 THE PCFB SHALL PROVIDE EACH CANDIDATE WITH A WRITTEN DETERMINATION SPEC-
 IFYING THE BASIS FOR ANY NON-PAYMENT.
   4. Notwithstanding any provision of this section to the contrary,  the
 amount  of  public  funds  payable  to  a participating candidate on the
 ballot in any covered election shall not exceed one-quarter of the maxi-
 mum public funds  payment  otherwise  applicable  and  no  participating
 candidate  shall  be  eligible to receive a disbursement of public funds
 prior to two weeks after the last day to file designating petitions  for
 a  primary  election  unless the participating candidate is opposed by a
 competitive candidate. [The PCFB shall, by regulation, set forth  objec-
 tive  standards  to determine whether a candidate is competitive and the
 procedures for qualifying for the payment of public  funds.]  A  PARTIC-
 IPATING CANDIDATE SHALL BE CONSIDERED OPPOSED BY A COMPETITIVE CANDIDATE
 WHEN AT LEAST ONE OF THE FOLLOWING CONDITIONS ARE MET:
   (A)  FOR  A COVERED GENERAL ELECTION ONLY IF THE MARGIN OF VICTORY WAS
 TWENTY POINTS OR LESS IN A CONTEST INVOLVING  AN  OPPOSING  MAJOR  PARTY
 CANDIDATE  IN  AN ELECTION FOR PUBLIC OFFICE IN AN AREA ENCOMPASSING ALL
 OR PART OF THE AREA THAT IS THE SUBJECT OF THE CURRENT ELECTION  IN  THE
 LAST EIGHT YEARS PRECEDING THE ELECTION OF THE COVERED OFFICE SOUGHT.
   (B)  THE  OPPOSING CANDIDATE HAS RECEIVED THE ENDORSEMENT OF A CURRENT
 OR FORMER STATEWIDE ELECTED OFFICIAL, OR A  CURRENT  OR  FORMER  FEDERAL
 ELECTED  OFFICIAL  REPRESENTING ALL OR A PORTION OF THE AREA REPRESENTED
 BY THE COVERED OFFICE SOUGHT, OR  A  CURRENT  OR  FORMER  UNITED  STATES
 SENATOR,  OR IN THE CASE OF A DISTRICT THAT ENCOMPASSES A PORTION OF NEW
 YORK CITY, A CURRENT OR FORMER CITYWIDE ELECTED OFFICIAL.
   (C) THE OPPOSING CANDIDATE HAS RECEIVED  THREE  OR  MORE  ENDORSEMENTS
 FROM  OTHER  CURRENT  OR  FORMER  STATE,  COUNTY, CITY, TOWN, OR VILLAGE
 ELECTED OFFICIALS WHO REPRESENT ALL OR A PART OF THE AREA COVERED BY THE
 ELECTION.
   (D) IN THE PAST TEN YEARS, THE OPPOSING CANDIDATE'S  SPOUSE,  DOMESTIC
 PARTNER,  SIBLING, PARENT, OR CHILD HOLDS OR HAS HELD ELECTIVE OFFICE IN
 AN AREA ENCOMPASSING ALL OR PART OF  THE  DISTRICT  REPRESENTED  BY  THE
 COVERED OFFICE SOUGHT.
   (E)  THE OPPOSING CANDIDATE HAS BEEN DEEMED ELIGIBLE TO RECEIVE PUBLIC
 FUNDS PAYMENT FOR THE COVERED ELECTION.
   (F) IF THE GENERAL ELECTION IN THAT DISTRICT WAS WITHIN A TWENTY-POINT
 MARGIN WITHIN THE LAST SIX YEARS.
   (G) IF AN INDIVIDUAL IS  SELF-FUNDING  AND  HAS  GIVEN  THEMSELVES  OR
 LOANED  THEMSELVES  TWENTY-FOUR THOUSAND DOLLARS FOR SENATE ELECTIONS OR
 TEN THOUSAND DOLLARS FOR ASSEMBLY ELECTIONS.
   (H) THE OPPOSING CANDIDATE PREVIOUSLY HELD ELECTED OFFICE.
   § 6. Section 14-206 of the election law is amended  by  adding  a  new
 subdivision 3 to read as follows:
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   3.  ALL  POLITICAL COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO BROAD-
 CAST,  CABLE  OR  SATELLITE  SCHEDULES  AND   SCRIPTS,   ADVERTISEMENTS,
 PAMPHLETS,  CIRCULARS,  FLYERS, BROCHURES, LETTERHEADS AND OTHER PRINTED
 MATTER PURCHASED OR PRODUCED, AND STATEMENTS OR INFORMATION PUBLISHED OR
 CONVEYED TO FIVE HUNDRED OR MORE MEMBERS OF A GENERAL PUBLIC AUDIENCE BY
 COMPUTER  OR OTHER ELECTRONIC DEVICE, INCLUDING BUT NOT LIMITED TO ELEC-
 TRONIC MAIL OR TEXT MESSAGE, AND PAID  INTERNET  OR  DIGITAL  ADVERTISE-
 MENTS,  PURCHASED  IN CONNECTION WITH A COVERED ELECTION SHALL INCLUDE A
 DISCLOSURE WHICH SAYS "NEW YORK STATE PUBLIC  CAMPAIGN  FINANCE  PROGRAM
 PARTICIPANT".
   §  7.  Section  14-207  of the election law is amended by adding a new
 subdivision 3-a to read as follows:
   3-A. THE PCFB SHALL DEVELOP AND ADMINISTER IN PERSON AND ONLINE TRAIN-
 ING FOR INDIVIDUALS TO BECOME CERTIFIED  AS  COMPLIANCE  OFFICERS  UNDER
 THIS  TITLE.  SUCH TRAINING SHALL INCLUDE INFORMATION CONCERNING COMPLI-
 ANCE WITH THE RULES OF THE PUBLIC CAMPAIGN FINANCE  PROGRAM,  DISCLOSURE
 AND  RECORD  KEEPING REQUIREMENTS, OBLIGATIONS OF THE PROGRAM, AND OTHER
 RELEVANT INFORMATION AS DETERMINED BY THE PCFB. THE PCFB  SHALL  PROMUL-
 GATE  REGULATIONS  FOR THE CERTIFICATION OF COMPLIANCE OFFICERS PURSUANT
 TO THIS SUBDIVISION AND SHALL PUBLISH A  LIST  OF  CERTIFIED  COMPLIANCE
 OFFICERS ON ITS WEBSITE WHICH SHALL BE UPDATED EVERY THIRTY DAYS.
   §  8. Paragraph (c) of subdivision 1 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)  Except as provided in paragraph (b) of this subdivision, the PCFB
 shall select not more than one-third of all participating candidates  in
 covered  elections  for audit through a lottery which shall be completed
 within one year of the election in question. A separate lottery shall be
 conducted for each office. The PCFB shall  select  senate  and  assembly
 districts  to  be  audited,  auditing  every  candidate in each selected
 district, while ensuring that the number of  audited  candidates  within
 those  districts  does  not  exceed  fifty  percent of all participating
 candidates for the relevant office. The lottery for senate and  assembly
 elections  shall  be weighted to increase the likelihood that a district
 for the relevant office is audited based on how frequently  it  has  not
 been  selected  for  auditing during the past three election cycles. The
 PCFB shall promulgate rules  concerning  the  method  of  weighting  the
 senate  and assembly lotteries, including provisions for the first three
 election cycles for each office.  THE NAMES OF  CANDIDATES SELECTED  FOR
 AN  AUDIT  SHALL  NOT BE DISCLOSED UNLESS THERE IS A DECLARED FINDING OF
 WRONGDOING BY THE PCFB.
   § 9. 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 and a new paragraph (d) is added 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
 during such calendar year or for such special election] PAY THE FUND THE
 AMOUNT  OF  SUCH  SURPLUS.  Participating  candidates  shall  make  such
 A. 7760                             8
 
 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
 authorized committee from using  campaign  contributions  received  from
 private contributors for otherwise lawful expenditures.
   (D)  CANDIDATES  SHALL HAVE THIRTY DAYS TO CURE ANY VIOLATIONS IDENTI-
 FIED BY THE PCFB IN ITS POST-ELECTION AUDIT  BEFORE  THERE  MAY  BE  ANY
 DECLARED FINDINGS OF WRONGDOING.
   §  10.    Section 14-212 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:
   § 14-212. Severability.  [If any clause, sentence, or other portion of
 paragraph (c) of subdivision two of section  14-203  of  this  title  be
 adjudged  by  any  court  of  competent jurisdiction to be invalid, then
 subparagraphs (iii) and (iv) of paragraph  (a)  of  subdivision  two  of
 section 14-203 of this title shall read as follows:
   (iii)  state senator, except as otherwise provided in paragraph (c) of
 this subdivision, not  less  than  ten  thousand  dollars  in  matchable
 contributions  including  at  least  one  hundred  and  fifty  matchable
 contributions in an amount greater than five dollars and no greater than
 the limits in this chapter, of which the first two hundred fifty dollars
 shall be counted toward this qualifying threshold; and
   (iv) member of the assembly, except as otherwise provided in paragraph
 (c) of this subdivision, not less than five thousand dollars in  matcha-
 ble  contributions  including  at  least seventy-five matchable contrib-
 utions in an amount greater than five dollars and no  greater  than  the
 limits  in  this  chapter,  of which the first two hundred fifty dollars
 shall be counted toward  this  qualifying  threshold.]  IF  ANY  CLAUSE,
 SENTENCE,  PARAGRAPH, SUBDIVISION, SECTION OR PART OF THIS ARTICLE SHALL
 BE DETERMINED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID, SUCH
 JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE  REMAINDER  THEREOF,
 BUT  SHALL  BE  CONFINED  IN  ITS  OPERATION  TO  THE PARTICULAR CLAUSE,
 SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART THEREOF DIRECTLY FOUND
 INVALID IN THE JUDGMENT RENDERED. IT IS HEREBY DECLARED TO BE THE INTENT
 OF THE LEGISLATURE THAT THIS ARTICLE WOULD HAVE  BEEN  ENACTED  EVEN  IF
 SUCH INVALID PROVISIONS HAD NOT BEEN INCLUDED HEREIN.
   §  12. Section 11 of part ZZZ of chapter 58 of the laws of 2020 amend-
 ing the election law relating to  public  financing  for  state  office;
 amending  the  state  finance  law relating to establishing the New York
 state campaign finance fund; and amending the tax law relating to estab-
 lishing the NYS campaign finance fund check-off, is REPEALED.
   § 13. This act shall take effect on the ninetieth day after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary 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 effec-
 tive date.