S T A T E O F N E W Y O R K
________________________________________________________________________
8969
I N S E N A T E
April 3, 2024
___________
Introduced by Sens. SKOUFIS, ADDABBO, BAILEY, BROUK, COMRIE, COONEY,
FELDER, GONZALEZ, MANNION, MARTINEZ, PARKER, PERSAUD, RYAN, SCARCEL-
LA-SPANTON, SEPULVEDA -- read twice and ordered printed, and when
printed to be committed to the Committee on Elections
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. Paragraph (a) of 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:
(a) "matchable contribution" means a contribution not less than five
dollars and not more than two hundred fifty dollars, for a candidate 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 resi-
dent 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 candidate'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
to be invalid for matching funds by the PCFB may not be treated as a
matchable contribution for any purpose.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15083-07-4
S. 8969 2
§ 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] 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.
§ 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] SUCH CANDI-
DATE'S 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] SUCH
CANDIDATE'S 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 nomi-
nation is filed in a special election pursuant to a schedule promulgated
by the PCFB;
(e) be certified as a participating candidate by the PCFB;
(f) not make, and not have made, expenditures from or use [his or her]
SUCH CANDIDATE'S personal funds or property or the personal funds or
property jointly held with [his or her] SUCH CANDIDATE'S spouse, or
unemancipated children in connection with [his or her] SUCH CANDIDATE'S
nomination for election or election to a covered office, but may make a
contribution to [his or her] SUCH CANDIDATE'S 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] SUCH CANDIDATE 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-
S. 8969 3
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] SUCH CANDIDATE'S
campaign.
(v) A candidate who has raised matchable contributions but, in the
case of a covered primary, general or special election, is not opposed
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 SUCH CANDIDATE'S 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 SUCH CANDIDATE'S 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
S. 8969 4
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 PORTION OF A contribution [of more than] WHEN THE
AGGREGATE OF CONTRIBUTIONS ARE IN EXCESS OF two hundred fifty dollars
FROM ANY ONE CONTRIBUTOR 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 NOT count toward satisfying such monetary threshold [but shall
not] OR otherwise be considered a matchable contribution.
(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
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]
S. 8969 5
$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
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-
S. 8969 6
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:
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.
S. 8969 7
§ 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
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.
(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
S. 8969 8
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.
§ 11. 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.
§ 12. This act shall take effect immediately; provided, however,
subparagraphs (iii) and (iv) of paragraph (a) of subdivision 2 of
section 14-203 of the election law, as amended by section three of this
act, shall apply to all general elections which take place on and after
such date and shall apply to all primary and special elections which
take place on and after the first of December next succeeding the date
on which it shall have become a law. Effective immediately, the addi-
tion, 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 effective date.
