A04980 Summary:

BILL NO    A04980E

SAME AS    SAME AS S04705-C

SPONSOR    Silver (MS)

COSPNSR    Millman, Wright, Morelle, Weinstein, Gottfried, Peoples-Stokes,
           Kavanagh, Weprin, Scarborough, Lupardo, Schimel, Bronson, Thiele,
           Mosley, Davila

MLTSPNSR   Abinanti, Benedetto, Braunstein, Brennan, Brindisi, Brook-Krasny,
           Buchwald, Cahill, Camara, Clark, Colton, Cook, Dinowitz, Englebright,
           Fahy, Farrell, Galef, Gantt, Glick, Gunther, Hevesi, Hooper, Jacobs,
           Jaffee, Kellner, Kim, Lavine, Lentol, Lifton, Markey, Mayer,
           McDonald, Moya, Nolan, O'Donnell, Ortiz, Otis, Paulin, Perry,
           Pichardo, Quart, Rosenthal, Rozic, Russell, Sepulveda, Simotas,
           Steck, Sweeney, Titus, Weisenberg

Amd El L, generally; add S359-gg, Gen Bus L; add S92-y, St Fin L; add S630-d,
Tax L

Enacts the "2014 fair elections act"; relates to providing for optional partial
public financing of certain election campaigns in this state; relates to
identification of the source of certain political contributions.
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A04980 Votes:

A04980C05/07/2013 88/50
AbbateERColtonYGarbariNOKearnsNOMillerYReilichNOSteckY
AbinantYCookERGibsonYKellnerYMillmanYRiveraERStevensAB
ArroyoERCorwinNOGiglioNOKimYMontesaNORobertsYStirpeY
AubryYCrespoYGjonajYKolbNOMorelleYRobinsoYSweeneyY
BarclayNOCrouchERGlickYLalorNOMosleyYRodriguYTediscoNO
BarrettYCurranNOGoldfedYLavineYMoyaYRosaYTenneyNO
BarronYCusickNOGoodellNOLentolYNojayNORosenthYThieleY
BenedetYCymbrowYGottfriYLiftonYNolanYRozicYTitoneY
BlankenNODenDekkYGrafNOLope PDNOOaksNORussellYTitusY
BorelliNODinowitYGuntherYLope VJERO'DonneYRyanYWalterNO
BoylandYDiPietrNOHawleyNOLupardoYOrtizYSaladinNOWeinsteY
BraunstYDupreyNOHeastieERLupinacNOOtisYSantabaNOWeisenbY
BrennanYEnglebrYHennessNOMageeNOPalmesaNOScarborYWeprinY
BrindisYEspinalYHevesiERMagnareNOPaulinYSchimelYWrightY
BronsonYFahyYHikindNOMaiselYPeoplesERSchimmiYZebrowsNO
Brook-KYFarrellYHooperYMalliotNOPerryYSepulveYMr SpkrY
BuchwalYFinchNOJacobsYMarkeyYPretlowYSimanowY
ButlerNOFitzpatNOJaffeeYMayerYQuartYSimotasY
CahillYFriendNOJohnsNOMcDonalYRaNOSkartadY
CamaraYGabryszNOJordanNOMcDonouNORabbittNOSkoufisY
CerettoNOGalefYKatzNOMcKevitNORaiaNOSolagesY
ClarkYGanttYKavanagYMcLaughNORamosYStecNO

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A04980 Memo:

BILL NUMBER:A4980E

TITLE OF BILL:  An act to amend the election law, in relation to
enacting the "2014 Fair Elections Act"; to amend the election law, the
state finance law and the tax law, in relation to providing for
optional partial public financing of certain election campaigns in
this state; and to amend the general business law, in relation to
additional surcharges

SUBJECT AND PURPOSE:

To provide optional public financing of campaigns for statewide and
state legislative offices and constitutional convention delegates.

SUMMARY AND DESCRIPTION OF PROVISIONS:

This bill would create an optional public financing system for certain
elections within the state of New York. Specifically, the bill adds a
new Title III to Article 14 to provide for public financing of Primary
and general election campaigns for statewide office, primary, general
and special election campaigns for state legislative office and
primary and general election campaigns for constitutional convention
delegates.

The "E Print" updates this legislation to remove provisions contained
in the original print which have since been enacted in the 2014-15
Executive budget creating an independent office of campaign finance
enforcement and regulating the disclosure of so called "independent
expenditures." Under current law, the newly enacted office of campaign
finance enforcement has jurisdiction over all of Article 14 in the
Election law. The public financing system that would be enacted under
the new Title III in this bill would be staffed and overseen by a fair
elections board. A fair elections enforcement counsel would oversee
regulation and enforcement of the new public financing system.

The bill also contains provisions to require the disclosure of
intermediaries and contributions collected on behalf of donors for
candidates by intermediaries. The so called LLC loophole which treats
said organizations like natural people for purposes of contribution
limits would also be closed.

OPTIONAL PUBLIC FINANCING OF ELECTIONS:

CRITERIA FOR PARTICIPATION:

To be eligible for public financing, a candidate for nomination or
election to a statewide office, state legislative office or as a
constitutional convention delegate must satisfy the legal requirements
for having his or her name on the ballot, elect to participate in the
public financing system, meet the threshold for eligibility and agree
to file required statements and authorize a single participating
committee.

ELIGIBILITY THRESHOLD:


Governor: Must collect not less than $650,000 from at least 6,500
matchable contributions made up of sums of up to $250 per individual
contributor who resides in New York State.

Lt. Governor (primary only), Attorney Gen. & Comptroller: Must collect
not less than $200,000 from at least 2,000 matchable contributions
made up of sums of up to $250 per individual contributor who resides
in New York State.

Senate: Must collect not less than $20,000 from at least 200 matchable
contributions made up of sums of up to $250 per individual contributor
who resides in New York State including at least $10,000 from at least
100 individual contributors who reside in the senate district, or in
any part of any county in the Senate district, in which the seat is to
be filled.

Assembly: Must collect not less than $10,000 from at least 100
matchable contributions made up of sums of up to $250 per individual
contributor who resides in New York State including at least $5,000
from at least 50 individual contributors who reside in the assembly
district, or in any part of any county in the Assembly district, in
which the seat is to be filled.

At-large Delegate to a Constitutional Convention: Must collect not
less than $20,000 from at least 200 matchable contributions made an of
sums of up to $250 per individual contributor who resides in New York
State.

District Delegate to a Constitutional Convention: Must collect not
less than $5,000 from at least 50 matchable contributions made up of
sums of up to $250 per individual contributor who resides in the
district, or any part of any county in the district, in which the seat
is to be filled.

MATCHABLE CONTRIBUTIONS:

Matchable contributions may be collected after January first of the
year of the primary or general-election. For a special election, may
be collected up to six months before the election. Consist of the net
amount of contributions after deduction of the value of any food,
drink or entertainment provided in exchange for the contribution.
Only contributions from persons who reside in New York State are
matchable.

THE MATCH:

Eligible contributions up to $250 are matched at the rate of $6 for
every $1.

MISC. RULES:

To receive public funds for a primary election, a participating
candidate must agree to receive public funding for the general
election.

Participating candidates who are unopposed in a primary election may
not receive public funds. Participating candidates are deemed


unopposed unless there is at least one other candidate, as defined by
S 14-100(7) of the election law, in the race for the same office.

Participating candidates that are unopposed may raise private funds of
up to 50% of the expenditure limit if there is a contest in the
primary for at least one other party for such office. Such funds may
only be raised with contributions of up to $2000 per contributor.
Candidates who are challenged in a primary and who do not seek public
funds are not eligible for public funds for the general election.

Candidates who are unopposed in a general or special election may not
receive public funds.

PERMISSIBLE AND PROHIBITED USES OF PUBLIC FUNDS:

Public funds may be used only for qualified campaign expenditures
during the year of the primary or general election. For a special
election, such funds may only be used in the 3 months prior to the
election. They may not be used for expenditures in violation of law,
for payments to a candidate or to a relative of the candidate (or to
any business entity of which such a person is an officer or employee
or has a. ten percent or greater ownership interest) in excess of the
fair market value for services rendered, for payments in excess of
fair market value, for any expenditure after the candidate or the
candidate's only remaining opponent has been disqualified (until and
unless reversed), to challenge an opponent's petitions or
certificates, for non-campaign related food, drink or entertainment,
or for gifts. Public funds may not be given as a campaign contribution
or a transfer.

CONTRIBUTION LIMIT:

All candidates who choose to participate in the public financing
system have a contribution limit of $2,000 per contributor.

PUBLIC FUNDS RECEIPT LIMITS:

The following limits on public funds apply to all candidates who
participate in the public financing system:

                   General Election           Primary

Governor               $12,000,000              $9,000,000
Lt. Governor          ---------                 $6,000,000
Attorney General       $8,000,000             Same as Lt. Governor &
Comptroller
State Senator          $ 400,000                $350,000
Member of Assembly     $ 200,000                $150,000
At-Large Delegate      $ 350,000                $ 75,000
District Delegate      $ 75,000                 $ 50,000

NOTE: A participating candidate may raise unlimited amounts of private
money subject to the $2,000 per contributor limitation.

PARTY EXPENDITURES IN SUPPORT OF PARTICIPATING CANDIDATES:


Notwithstanding the expenditure limits for participating candidates, a
state party committee may make the following expenditures for services
to participating candidates the party has nominated:

Gov.  and  Lt.  Gov.  $2,500,000  Att.  Gen or Comp. $1,000,000 Senate
$100,000 State Assembly    $50,000 At-large Delegate $50,000  District
Delegate $10,000

*  Transfers  to a participating candidate may constitute up to 25% of
such party expenditures.

ENFORCEMENT:  Enforcement of the new Title III will be handled by  the
fair  elections  board  office  of enforcement counsel and also a fair
elections board which will sit within the state  board  of  elections.
The  fair  elections  board  will  be  comprised  of five members. The
members of the board will be appointed as follows: one by the Governor
and one by each of the four legislative leaders.

The fair elections board will appoint a counsel who will  oversee  and
enforce  all campaign finance laws, rules and regulations on behalf of
the fair elections board.

All actions, rules and regulations issued by the fair elections  board
are  subject  to  review  at  the  discretion  of  the  state board of
elections.

DEBATES:

Participating candidates are required to participate in at  least  one
debate  before  the primary election and in at least one debate before
the General election for which the candidate  receives  public  funds,
unless   The   participating   candidate   is   running  unopposed.  A
non-participating candidate may be a party to such debates.

SOURCES OF FUNDING:

The bill provides for three separate sources of funding for the public
financing regime:

1) The bill provides an income tax check-off of $5. Such monies  would
be  paid  into  a  separate  fund,  known  as  the New York State Fair
elections fund. The taxpayers' tax liability would not be affected  by
making this designation.

2)  In  addition,  the  bill  imposes  an  additional 10% surcharge on
recoveries for fraudulent practices relating to stocks,  bonds,  other
securities  as well as all other recoveries having to do with fraud by
the Attorney General.

3) If the state fair  elections  fund  lacks  the  money  to  pay  all
properly  certified  claims,  the  deficiency  will  be  paid from the
general fund.

PENALTIES: CIVIL:


* The failure to make proper campaign finance filings, as required  by
Title  III  and  rules  and  regulations promulgated thereunder, shall
subject the offender to a civil penalty of up to $5000.

*  Any  person  or  authorized  committee  who knowingly and willfully
violates  any  other  Provision  of  Title  III  or  any   regulations
promulgated  thereunder  shall subject the offender to a civil penalty
of up to $10, 000,

CRIMINAL:

* All prosecutions  under  Title  III.  for  criminal  acts  shall  he
prosecuted by the Attorney General.

*  The failure to make proper campaign finance filings, as required by
Title II within 10 days or anyone that willfully  violates  any  other
provision of this title shall he guilty of a misdemeanor, and in addi-
tion  to  such  other  penalties  as  may be provided by law, shall be
subject to a fine not to exceed the amount of $10,000.

* Any person who knowingly and willfully contributes, accepts or  aids
or  participates  in  the  acceptance  of  a contribution in an amount
exceeding an applicable maximum specified in  this  article  shall  be
guilty  of  a misdemeanor and shall be subject to a fine not to exceed
the amount of $10,000.

* Any person who knowingly and willfully makes a  false  statement  or
knowingly  omits  a  material  fact  to  the fair election board or an
auditor designated by  the  fair  elections  board  during  any  audit
conducted  pursuant to new section 14-314 of the Election Law shall be
guilty of a class E felony.

* In addition to any other sentence lawfully imposed upon a finding of
guilt in a criminal prosecution commenced under the provisions of this
bill, a court may order a defendant to repay  to  the  fair  elections
board  any  public matching funds obtained as a result of any criminal
conduct.

This bill also requires disclosure for "bundlers". Bundlers are  those
individuals  or  organizations who aggregate a number of contributions
from  others  and  deliver  them  to  a  candidate  or  a  candidate's
authorized committee.

LEGISLATIVE HISTORY:  A9885--D of 2012 & A8902--A of 2009.

JUSTIFICATION:

This  public  financing  bill  provides  a  comprehensive yet balanced
approach to the public financing of political campaigns.  It  contains
significant but realistic limitations on expenditures and contribution
receipts,  a  means for recovering public funds when they are unspent,
excessive  or  used  for  prohibited  purposes,  and   penalties   for
violations  of  the filing requirements or the expenditure limitations
for participants.

The "matching grant" structure of the program has several  advantages.
It  will  reduce  the  amount  of  time a candidate must spend raising


money, leaving more time to address the issues that are  important  to
the public. The matching component allows for participation by private
citizens  throughout  the  campaign while also conserving resources by
ensuring  that  only candidates who can show substantial voter support
and face opposition will be eligible to receive public funds.

Overall, the bill  strikes  a  balance  that  allows  challengers  and
incumbents  to compete fairly while capping the amount of public funds
that will be expended.

FISCAL IMPLICATIONS:

There could be a cost in 2014 if a comptroller candidate participates.
In 2016, there could be costs associated with participating candidates
seeking election to state legislative office. In 2018, there could  be
costs  associated  with participating candidates seeking election to a
statewide office or as a constitutional delegate.  Other  states  that
have public financing systems in place have had very low participation
rates  at  first with increasing participation in later elections. The
long term cost of the system in New York is unknown.

EFFECTIVE DATE:

This act takes effect immediately; provided, however, that  candidates
for  state  comptroller  will be eligible to participate in the public
financing system beginning with the 2014 election,  state  legislative
candidates  will  be eligible to participate in 2016 and all statewide
candidates  and  constitutional  delegates   will   be   eligible   to
participate in 2018.
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A04980 Text:

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

                                        4980--E
                                                               Cal. No. 222

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 13, 2013
                                      ___________

       Introduced  by  M.  of  A.  SILVER, MILLMAN, WRIGHT, MORELLE, WEINSTEIN,
         GOTTFRIED, PEOPLES-STOKES,  KAVANAGH,  WEPRIN,  SCARBOROUGH,  LUPARDO,
         SCHIMEL,  BRONSON,  THIELE, MOSLEY, DAVILA -- Multi-Sponsored by -- M.
         of A.  ABINANTI, BENEDETTO, BRAUNSTEIN, BRENNAN, BRINDISI, BROOK-KRAS-
         NY, BUCHWALD, CAHILL, CAMARA, CLARK, COLTON,  COOK,  DINOWITZ,  ENGLE-
         BRIGHT,  FAHY,  FARRELL, GALEF, GANTT, GLICK, GUNTHER, HEVESI, HOOPER,
         JACOBS, JAFFEE, KELLNER, KIM, LAVINE, LENTOL, LIFTON,  MARKEY,  MAYER,
         McDONALD,  MOYA, NOLAN, O'DONNELL, ORTIZ, OTIS, PAULIN, PERRY, PICHAR-
         DO, QUART, ROSA, ROSENTHAL, ROZIC, RUSSELL, SEPULVEDA, SIMOTAS, STECK,
         SWEENEY, TITUS, WEISENBERG -- read once and referred to the  Committee
         on  Election  Law  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended  and  recommitted  to  said  committee  --  again
         reported  from  said  committee  with amendments, ordered reprinted as
         amended and recommitted to said committee -- reported and referred  to
         the  Committee on Codes -- committee discharged, bill amended, ordered
         reprinted as amended and recommitted to said committee -- advanced  to
         a third reading, amended and ordered reprinted, retaining its place on
         the  order of third reading -- again amended on third reading, ordered
         reprinted, retaining its place on the order of third reading

       AN ACT to amend the election law, in relation to enacting the "2014 Fair
         Elections Act"; to amend the election law, the state finance  law  and
         the  tax  law,  in  relation  to providing for optional partial public
         financing of certain election campaigns in this state;  and  to  amend
         the general business law, in relation to additional surcharges

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

    1    Section 1. Short title.  This act shall be known and may be  cited  as
    2  the "2014 Fair Elections Act".
    3    S  2.  Legislative findings and declarations. The legislature declares
    4  that is in the public interest to create and ensure a  truly  democratic
    5  political  system  in  which  citizens,  irrespective  of  their income,

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02247-38-4
       A. 4980--E                          2

    1  status, or financial connections, are enabled and encouraged to  compete
    2  for  public  office.    Therefore, the legislature finds it necessary to
    3  establish a system of public financing for all qualified candidates  for
    4  state  elective  offices  and  constitutional  convention delegates. The
    5  legislature further finds that a new system of public financing would be
    6  best administered by a new "fair elections board" empowered with  effec-
    7  tive  oversight  and  enforcement capabilities dedicated to working with
    8  and assisting candidates excel in the public financing system.
    9    S 3.  Section 3-102 of the election law is amended  by  adding  2  new
   10  subdivisions 3-a and 16-b to read as follows:
   11    3-A.  NOTWITHSTANDING  SUBDIVISION  THREE  OF  THIS  SECTION, THE FAIR
   12  ELECTIONS BOARD ENFORCEMENT COUNSEL, ESTABLISHED PURSUANT TO SUBDIVISION
   13  SIX OF SECTION 14-316 OF THIS CHAPTER, AS IT MAY DEEM  NECESSARY,  AFTER
   14  THE  FAIR  ELECTIONS BOARD HAS CONSIDERED THE MATTER OR MATTERS IN QUES-
   15  TION SHALL CONDUCT ANY INVESTIGATION NECESSARY TO ENFORCE THE PROVISIONS
   16  OF TITLE THREE OF ARTICLE FOURTEEN OF THIS  CHAPTER  ON  BEHALF  OF  THE
   17  BOARD OF ELECTIONS.
   18    16-B.  HEAR  AND  CONSIDER  THE  RECOMMENDATIONS OF THE FAIR ELECTIONS
   19  BOARD ENFORCEMENT COUNSEL REGARDING THE  ENFORCEMENT  OF  VIOLATIONS  OF
   20  TITLE  THREE  OF ARTICLE FOURTEEN OF THIS CHAPTER, AS IT MAY DEEM NECES-
   21  SARY, AFTER THE FAIR  ELECTIONS  BOARD  HAS  CONSIDERED  THE  MATTER  OR
   22  MATTERS IN QUESTION;
   23    S  4. Subdivision 1 of section 3-104 of the election law is amended by
   24  adding a new paragraph (a-1) to read as follows:
   25    (A-1) THERE SHALL ALSO BE A UNIT KNOWN AS THE FAIR ELECTIONS  ENFORCE-
   26  MENT UNIT ESTABLISHED WITHIN THE FAIR ELECTIONS BOARD.  THE HEAD OF SUCH
   27  UNIT  SHALL  BE  THE  ENFORCEMENT  COUNSEL.    SUCH UNIT SHALL HAVE SOLE
   28  AUTHORITY WITHIN THE STATE BOARD OF  ELECTIONS  TO  INVESTIGATE  ALLEGED
   29  VIOLATIONS  AND COMPLAINTS ARISING UNDER TITLE THREE OF ARTICLE FOURTEEN
   30  OF THIS CHAPTER.
   31    S 5. Section 3-104 of the election law is amended by adding twelve new
   32  subdivisions 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 to read as
   33  follows:
   34    9. IF THE FAIR ELECTION BOARD ENFORCEMENT COUNSEL  DETERMINES  THAT  A
   35  VIOLATION  OF  TITLE  THREE  OF  ARTICLE  FOURTEEN  OF  THIS CHAPTER HAS
   36  OCCURRED WHICH COULD WARRANT A CIVIL PENALTY,  THE  ENFORCEMENT  COUNSEL
   37  SHALL,  UPON HIS OR HER DISCRETION, SEEK TO RESOLVE THE MATTER EXTRA-JU-
   38  DICIALLY OR COMMENCE A SPECIAL PROCEEDING IN THE SUPREME COURT  PURSUANT
   39  TO SECTION 16-114 OF THIS CHAPTER.
   40    10.    UPON RECEIPT OF A COMPLAINT AND SUPPORTING INFORMATION ALLEGING
   41  ANY OTHER VIOLATION OF TITLE THREE OF ARTICLE FOURTEEN OF THIS  CHAPTER,
   42  THE FAIR ELECTIONS BOARD ENFORCEMENT COUNSEL SHALL ANALYZE THE COMPLAINT
   43  TO  DETERMINE  IF  AN  INVESTIGATION  SHOULD  BE  UNDERTAKEN.  THE  FAIR
   44  ELECTIONS BOARD ENFORCEMENT COUNSEL SHALL, IF NECESSARY,  REQUEST  ADDI-
   45  TIONAL INFORMATION FROM THE COMPLAINANT TO ASSIST SUCH COUNSEL IN MAKING
   46  THIS  DETERMINATION.  SUCH  ANALYSIS SHALL INCLUDE THE FOLLOWING: FIRST,
   47  WHETHER THE ALLEGATIONS, IF TRUE, WOULD CONSTITUTE A VIOLATION OF  ARTI-
   48  CLE  FOURTEEN  OF  THIS CHAPTER AND, SECOND, WHETHER THE ALLEGATIONS ARE
   49  SUPPORTED BY CREDIBLE EVIDENCE.
   50    11. IF THE FAIR ELECTIONS BOARD ENFORCEMENT  COUNSEL  DETERMINES  THAT
   51  THE  ALLEGATIONS,  IF  TRUE,  WOULD  NOT CONSTITUTE A VIOLATION OF TITLE
   52  THREE OF ARTICLE FOURTEEN OF THIS CHAPTER OR THAT  THE  ALLEGATIONS  ARE
   53  NOT  SUPPORTED  BY  CREDIBLE EVIDENCE, HE OR SHE SHALL ISSUE A LETTER TO
   54  THE COMPLAINANT DISMISSING THE COMPLAINT.
   55    12. IF THE FAIR ELECTIONS BOARD ENFORCEMENT  COUNSEL  DETERMINES  THAT
   56  THE ALLEGATIONS, IF TRUE, WOULD CONSTITUTE A VIOLATION OF TITLE THREE OF
       A. 4980--E                          3

    1  ARTICLE  FOURTEEN  OF THIS CHAPTER AND THAT THE ALLEGATIONS APPEAR TO BE
    2  SUPPORTED BY  CREDIBLE  EVIDENCE,  HE  OR  SHE  SHALL  NOTIFY  THE  FAIR
    3  ELECTIONS BOARD OF (A) HIS OR HER INTENT TO RESOLVE THE MATTER EXTRA-JU-
    4  DICIALLY  DUE  TO  THE DE MINIMUS NATURE OF THE VIOLATION; OR (B) HIS OR
    5  HER INTENT  TO  COMMENCE  AN  INVESTIGATION,  NO  LATER  THAN  THE  FAIR
    6  ELECTIONS  BOARD'S NEXT REGULARLY SCHEDULED MEETING.  NOTIFICATION SHALL
    7  SUMMARIZE THE RELEVANT FACTS AND THE APPLICABLE LAW AND  SHALL,  TO  THE
    8  EXTENT  POSSIBLE,  PROTECT  FROM  PUBLIC  DISCLOSURE THE IDENTITY OF THE
    9  COMPLAINANT AND THE INDIVIDUAL SUBJECT TO THE COMPLAINT.
   10    13. IF, UPON CONSIDERING THE FAIR ELECTIONS  BOARD  ENFORCEMENT  COUN-
   11  SEL'S  NOTICE OF INTENT TO COMMENCE AN INVESTIGATION, THE FAIR ELECTIONS
   12  BOARD BELIEVES THAT THE ALLEGATIONS, IF TRUE,  WOULD  NOT  CONSTITUTE  A
   13  VIOLATION  OF  ARTICLE  FOURTEEN OF THIS CHAPTER, OR THE ALLEGATIONS ARE
   14  NOT SUPPORTED BY CREDIBLE EVIDENCE OR, THAT  ON  BALANCE,  THE  EQUITIES
   15  FAVOR A DISMISSAL OF THE COMPLAINT, THE BOARD SHALL PUBLICLY DIRECT THAT
   16  AN  INVESTIGATION  NOT  BE UNDERTAKEN NO LATER THAN SIXTY DAYS AFTER THE
   17  RECEIPT OF NOTIFICATION FROM THE FAIR ELECTIONS BOARD ENFORCEMENT  COUN-
   18  SEL  OF  HIS OR HER INTENT TO COMMENCE AN INVESTIGATION.  IN DETERMINING
   19  WHETHER THE EQUITIES FAVOR  A  DISMISSAL  OF  THE  COMPLAINT,  THE  FAIR
   20  ELECTIONS  BOARD  SHALL  CONSIDER THE FOLLOWING FACTORS: (A) WHETHER THE
   21  COMPLAINT ALLEGES A DE MINIMUS VIOLATION OF  ARTICLE  FOURTEEN  OF  THIS
   22  CHAPTER;  (B) WHETHER THE SUBJECT OF THE COMPLAINT HAS MADE A GOOD FAITH
   23  EFFORT TO CORRECT THE VIOLATION; AND (C)  WHETHER  THE  SUBJECT  OF  THE
   24  COMPLAINT  HAS  A  HISTORY OF SIMILAR VIOLATIONS.  DETERMINATIONS OF THE
   25  FAIR ELECTIONS BOARD TO DISMISS A  COMPLAINT  AND  NOT  PROCEED  WITH  A
   26  FORMAL  INVESTIGATION  SHALL  BE  VOTED  UPON AS PROVIDED IN SUBDIVISION
   27  TWELVE OF SECTION 14-316 OF THIS CHAPTER AT AN OPEN MEETING PURSUANT  TO
   28  ARTICLE  SEVEN  OF  THE PUBLIC OFFICERS LAW, AND SHALL BE MADE ON A FAIR
   29  AND EQUITABLE BASIS AND WITHOUT REGARD TO THE STATUS OF THE  SUBJECT  OF
   30  THE COMPLAINT.
   31    14.  ABSENT A TIMELY DETERMINATION BY THE FAIR ELECTIONS BOARD THAT AN
   32  INVESTIGATION SHALL NOT BE UNDERTAKEN, THE FAIR ELECTIONS BOARD ENFORCE-
   33  MENT COUNSEL SHALL COMMENCE AN INVESTIGATION ON A TIMELY BASIS.  IF  THE
   34  FAIR  ELECTIONS  BOARD  ENFORCEMENT  COUNSEL  DETERMINES THAT ADDITIONAL
   35  INVESTIGATIVE POWERS, AS PROVIDED FOR IN SUBDIVISIONS FOUR, FIVE AND SIX
   36  OF SECTION 3-102 OF THIS TITLE, ARE NEEDED  TO  COMPLETE  THE  COUNSEL'S
   37  INVESTIGATION,  HE  OR  SHE  SHALL  REQUEST,  UPON  APPROVAL OF THE FAIR
   38  ELECTIONS  BOARD,  SUCH  ADDITIONAL  POWERS  FROM  THE  STATE  BOARD  OF
   39  ELECTIONS.  SUCH  POWERS  SHALL  BE  GRANTED  BY THE BOARD IN PUBLIC, AS
   40  PROVIDED IN SUBDIVISION FOUR OF SECTION 3-100 OF THIS TITLE,  ONLY  WHEN
   41  THE BOARD FINDS THAT FURTHER INVESTIGATION IS WARRANTED AND JUSTIFIED.
   42    15.  AT  THE CONCLUSION OF ITS INVESTIGATION, THE FAIR ELECTIONS BOARD
   43  ENFORCEMENT COUNSEL SHALL PROVIDE THE FAIR ELECTIONS BOARD WITH A  WRIT-
   44  TEN  RECOMMENDATION  AS  TO:  (A)  WHETHER  SUBSTANTIAL REASON EXISTS TO
   45  BELIEVE A VIOLATION OF TITLE THREE OF ARTICLE FOURTEEN OF  THIS  CHAPTER
   46  HAS  OCCURRED AND, IF SO, THE NATURE OF THE VIOLATION AND ANY APPLICABLE
   47  PENALTY, AS DEFINED IN SECTION 14-126, 14-320 OR 14-322 OF THIS CHAPTER,
   48  BASED ON THE NATURE OF THE VIOLATION; (B) WHETHER THE MATTER  SHOULD  BE
   49  RESOLVED  EXTRA-JUDICIALLY;  (C)  WHETHER A SPECIAL PROCEEDING SHOULD BE
   50  COMMENCED IN THE SUPREME COURT TO  RECOVER  A  CIVIL  PENALTY;  AND  (D)
   51  WHETHER A REFERRAL SHOULD BE MADE TO A DISTRICT ATTORNEY OR THE ATTORNEY
   52  GENERAL  PURSUANT  TO  SUBDIVISION  SEVENTEEN  OF  THIS  SECTION BECAUSE
   53  REASONABLE CAUSE EXISTS TO BELIEVE A VIOLATION WARRANTING CRIMINAL PROS-
   54  ECUTION HAS TAKEN PLACE.
   55    16. THE FAIR ELECTIONS  BOARD  SHALL  ACCEPT,  MODIFY  OR  REJECT  THE
   56  ENFORCEMENT  COUNSEL'S  RECOMMENDATION  NO  LATER  THAN SIXTY DAYS AFTER
       A. 4980--E                          4

    1  RECEIPT OF SUCH RECOMMENDATION.  IN MAKING ITS DETERMINATION, THE  BOARD
    2  SHALL  AGAIN  CONSIDER:  (A)  WHETHER THE COMPLAINT ALLEGES A DE MINIMUS
    3  VIOLATION OF ARTICLE FOURTEEN OF THIS CHAPTER; (B) WHETHER  THE  SUBJECT
    4  OF  THE COMPLAINT HAS MADE A GOOD FAITH EFFORT TO CORRECT THE VIOLATION;
    5  AND (C) WHETHER THE SUBJECT OF THE COMPLAINT HAS A  HISTORY  OF  SIMILAR
    6  VIOLATIONS.  ALL  SUCH DETERMINATIONS SHALL BE VOTED UPON AS PROVIDED IN
    7  SUBDIVISION TWELVE OF SECTION 14-316 OF THIS CHAPTER AT AN OPEN  MEETING
    8  PURSUANT  TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW, AND SHALL BE MADE
    9  ON A FAIR AND EQUITABLE BASIS, WITHOUT  REGARD  TO  THE  STATUS  OF  THE
   10  SUBJECT OF THE COMPLAINT.
   11    17.  (A) IF THE FAIR ELECTIONS BOARD DETERMINES, AS PROVIDED IN SUBDI-
   12  VISION SIXTEEN OF  THIS  SECTION,  THAT  SUBSTANTIAL  REASON  EXISTS  TO
   13  BELIEVE  THAT  A  PERSON, ACTING AS OR ON BEHALF OF A CANDIDATE OR POLI-
   14  TICAL COMMITTEE UNDER CIRCUMSTANCES EVINCING AN INTENT TO  VIOLATE  SUCH
   15  LAW,  HAS UNLAWFULLY ACCEPTED A CONTRIBUTION IN EXCESS OF A CONTRIBUTION
   16  LIMITATION ESTABLISHED IN TITLE THREE OF ARTICLE FOURTEEN OF THIS  CHAP-
   17  TER,  WHICH COULD WARRANT A CIVIL PENALTY AS PROVIDED FOR IN SUBDIVISION
   18  THREE OF SECTION 14-126 OR SUBDIVISION TWO OF  SECTION  14-322  OF  THIS
   19  CHAPTER, THE BOARD SHALL DIRECT THE COMMENCEMENT OF A SPECIAL PROCEEDING
   20  IN THE SUPREME COURT.
   21    (B) IF THE FAIR ELECTIONS BOARD DETERMINES, AS PROVIDED IN SUBDIVISION
   22  SIXTEEN  OF  THIS  SECTION  THAT  REASONABLE  CAUSE  EXISTS TO BELIEVE A
   23  VIOLATION OF TITLE THREE OF ARTICLE FOURTEEN OF THIS CHAPTER  WARRANTING
   24  CRIMINAL  PROSECUTION  HAS TAKEN PLACE, THE BOARD SHALL REFER THE MATTER
   25  TO A DISTRICT ATTORNEY AND SHALL MAKE AVAILABLE TO SUCH DISTRICT  ATTOR-
   26  NEY ALL PAPERS, DOCUMENTS, TESTIMONY AND FINDINGS RELEVANT TO ITS INVES-
   27  TIGATION.  WHERE REASONABLE CAUSE EXISTS TO BELIEVE THAT A CANDIDATE FOR
   28  THE OFFICE OF ATTORNEY GENERAL HAS VIOLATED TITLE THREE OF ARTICLE FOUR-
   29  TEEN  OF  THIS CHAPTER, THE BOARD SHALL REFER THE MATTER TO THE DISTRICT
   30  ATTORNEY OF THE APPROPRIATE COUNTY.
   31    (C) IF THE FAIR ELECTIONS BOARD DETERMINES, AS PROVIDED IN SUBDIVISION
   32  SIXTEEN OF THIS SECTION  THAT  REASONABLE  CAUSE  EXISTS  TO  BELIEVE  A
   33  VIOLATION OF TITLE THREE OF ARTICLE FOURTEEN OF THIS CHAPTER, WARRANTING
   34  CRIMINAL  PROSECUTION  HAS  TAKEN  PLACE,  THE  BOARD  SHALL,  EXCEPT AS
   35  PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, REFER THE MATTER  TO  THE
   36  ATTORNEY  GENERAL AND SHALL MAKE AVAILABLE TO THE SAME ALL PAPERS, DOCU-
   37  MENTS, TESTIMONY AND FINDINGS RELEVANT TO ITS INVESTIGATION.
   38    18. UPON NOTIFICATION THAT A SPECIAL PROCEEDING HAS BEEN COMMENCED  BY
   39  A  PARTY OTHER THAN THE FAIR ELECTIONS BOARD, PURSUANT TO SECTION 16-114
   40  OF THIS  CHAPTER,  THE  FAIR  ELECTIONS  BOARD  SHALL  DIRECT  THE  FAIR
   41  ELECTIONS   BOARD   ENFORCEMENT   COUNSEL  TO  INVESTIGATE  THE  ALLEGED
   42  VIOLATIONS UNLESS OTHERWISE DIRECTED BY THE COURT.
   43    19. THE FAIR ELECTIONS  BOARD  ENFORCEMENT  COUNSEL  SHALL  PREPARE  A
   44  REPORT, TO BE INCLUDED IN THE ANNUAL REPORT TO THE GOVERNOR AND LEGISLA-
   45  TURE,  SUMMARIZING  THE ACTIVITIES OF THE UNIT DURING THE PREVIOUS YEAR.
   46  SUCH REPORT SHALL INCLUDE: (I) THE NUMBER OF COMPLAINTS  RECEIVED;  (II)
   47  THE  NUMBER  OF COMPLAINTS THAT WERE FOUND TO NEED INVESTIGATION AND THE
   48  NATURE OF EACH COMPLAINT; AND (III) THE NUMBER OF MATTERS THAT HAVE BEEN
   49  RESOLVED.   THE REPORT SHALL  NOT  CONTAIN  ANY  INFORMATION  FOR  WHICH
   50  DISCLOSURE IS NOT PERMITTED.
   51    20.  THE  FAIR  ELECTIONS  BOARD  MAY PROMULGATE RULES AND REGULATIONS
   52  CONSISTENT WITH LAW TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
   53    S 6. The state of New York shall appropriate during each  fiscal  year
   54  to  the  New  York state fair elections board enforcement unit, not less
   55  than thirty-five percent of the appropriation available from the general
   56  fund for the state board of elections to pay for the  expenses  of  such
       A. 4980--E                          5

    1  enforcement  unit.    Notwithstanding  section  fifty-one  of  the state
    2  finance law, such funding shall not be decreased by interchange with any
    3  other appropriation.
    4    S 7. The election law is amended by adding a new section 3-111 to read
    5  as follows:
    6    S 3-111. PERSONAL USE OF CAMPAIGN FUNDS. UPON WRITTEN REQUEST FROM ANY
    7  PERSON  WHO  IS  SUBJECT  TO  THE REQUIREMENTS OF SECTION 14-130 OF THIS
    8  CHAPTER, THE FAIR ELECTIONS BOARD SHALL RENDER FORMAL  OPINIONS  ON  THE
    9  REQUIREMENTS  OF SAID PROVISION. AN OPINION RENDERED BY THE BOARD, UNTIL
   10  AND UNLESS AMENDED OR REVOKED, SHALL BE BINDING  ON  THE  BOARD  IN  ANY
   11  SUBSEQUENT  PROCEEDING  CONCERNING  THE PERSON WHO REQUESTED THE OPINION
   12  AND WHO ACTED IN GOOD FAITH,  UNLESS  MATERIAL  FACTS  WERE  OMITTED  OR
   13  MISSTATED  BY THE PERSON IN THE REQUEST FOR AN OPINION. SUCH OPINION MAY
   14  ALSO BE RELIED UPON BY SUCH PERSON, AND MAY BE INTRODUCED AND  SHALL  BE
   15  DEFENSE IN ANY CRIMINAL OR CIVIL ACTION. SUCH REQUEST SHALL BE CONFIDEN-
   16  TIAL,  BUT  THE BOARD SHALL PUBLISH SUCH OPINIONS PROVIDED THAT THE NAME
   17  OF THE REQUESTING PERSON AND OTHER  IDENTIFYING  DETAILS  SHALL  NOT  BE
   18  INCLUDED IN THE PUBLICATION.
   19    S  8.  Section  14-100  of the election law is amended by adding a new
   20  subdivision 15 to read as follows:
   21    15. "INTERMEDIARY"  MEANS  AN  INDIVIDUAL,  CORPORATION,  PARTNERSHIP,
   22  POLITICAL  COMMITTEE,  LABOR  ORGANIZATION, OR OTHER ENTITY WHICH, OTHER
   23  THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY, OR MESSEN-
   24  GER SERVICE, DELIVERS ANY CONTRIBUTION FROM ANOTHER PERSON OR ENTITY  TO
   25  A CANDIDATE OR AN AUTHORIZED COMMITTEE.
   26    "INTERMEDIARY"  SHALL  NOT  INCLUDE  SPOUSES,  PARENTS,  CHILDREN,  OR
   27  SIBLINGS OF THE PERSON MAKING SUCH CONTRIBUTION.
   28    S 9. Subdivision 1 of section 14-102 of the election law,  as  amended
   29  by  chapter  8  and as redesignated by chapter 9 of the laws of 1978, is
   30  amended to read as follows:
   31    1. The treasurer of every political committee which, or  any  officer,
   32  member  or  agent  of  any  such  committee  who, in connection with any
   33  election, receives or expends any  money  or  other  valuable  thing  or
   34  incurs  any  liability  to pay money or its equivalent shall file state-
   35  ments sworn, or subscribed and bearing a form notice that  false  state-
   36  ments  made  therein are punishable as a class A misdemeanor pursuant to
   37  section 210.45 of the penal law, at the times prescribed by this  [arti-
   38  cle]  TITLE  setting  forth  all  the receipts, contributions to and the
   39  expenditures by and liabilities of the committee, and of  its  officers,
   40  members  and  agents  in  its  behalf. Such statements shall include the
   41  dollar amount of any receipt, contribution  or  transfer,  or  the  fair
   42  market  value  of  any receipt, contribution or transfer, which is other
   43  than of money, the name and  address  of  the  transferor,  contributor,
   44  INTERMEDIARY,  or  person  from  whom  received,  and if the transferor,
   45  contributor, INTERMEDIARY, or person is a political committee; the  name
   46  of  and the political unit represented by the committee, the date of its
   47  receipt, the dollar amount of every expenditure, the name and address of
   48  the person to whom it was made or the name of  and  the  political  unit
   49  represented  by the committee to which it was made and the date thereof,
   50  and shall state clearly the purpose of such expenditure. AN INTERMEDIARY
   51  NEED NOT BE REPORTED FOR  A  CONTRIBUTION  THAT  WAS  COLLECTED  FROM  A
   52  CONTRIBUTOR  IN CONNECTION WITH A PARTY OR OTHER CANDIDATE-RELATED EVENT
   53  HELD AT THE RESIDENCE OF THE PERSON DELIVERING THE CONTRIBUTION,  UNLESS
   54  THE  EXPENSES  OF SUCH EVENT AT SUCH RESIDENCE FOR SUCH CANDIDATE EXCEED
   55  FIVE HUNDRED DOLLARS OR THE AGGREGATE CONTRIBUTIONS RECEIVED  FROM  THAT
   56  CONTRIBUTOR  AT  SUCH  EVENT  EXCEED FIVE HUNDRED DOLLARS. Any statement
       A. 4980--E                          6

    1  reporting a loan shall have attached to it a copy  of  the  evidence  of
    2  indebtedness.  Expenditures  in  sums  under  fifty  dollars need not be
    3  specifically accounted for by separate items  in  said  statements,  and
    4  receipts   and  contributions  aggregating  not  more  than  ninety-nine
    5  dollars, from any one contributor need not be specifically accounted for
    6  by separate items  in  said  statements,  provided  however,  that  such
    7  expenditures,  receipts  and contributions shall be subject to the other
    8  provisions of section 14-118 of this [article] TITLE.
    9    S 10. Section 14-110 of the election law, as amended by chapter 46  of
   10  the laws of 1984, is amended to read as follows:
   11    S  14-110.  Place  for  filing  statements.  The places for filing the
   12  statements required by this article shall be determined by rule or regu-
   13  lation of the state board of  elections;  provided,  however,  that  the
   14  statements  of a candidate for election to the office of governor, lieu-
   15  tenant governor, attorney general, comptroller, member of  the  legisla-
   16  ture,  delegate  to  a constitutional convention, justice of the supreme
   17  court or for nomination for any such office at a primary election and of
   18  any committee aiding or taking  part  in  the  designation,  nomination,
   19  election  or  defeat  of  candidates  for one or more of such offices or
   20  promoting the success or defeat of a question to  be  voted  on  by  the
   21  voters  of  the  entire  state  shall  be  filed with the state board of
   22  elections and in such other places as the state board of elections  may,
   23  by  rule  or  regulation  provide.    UPON  FILING,  THE  STATE BOARD OF
   24  ELECTIONS SHALL MAKE ALL STATEMENTS FILED  THEREWITH  READILY  AVAILABLE
   25  AND ACCESSIBLE TO THE FAIR ELECTIONS BOARD.
   26    S 11. Section 14-112 of the election law, as amended by chapter 930 of
   27  the laws of 1981, is amended to read as follows:
   28    S  14-112.  Political committee authorization statement. Any political
   29  committee aiding or taking part in the election  or  nomination  of  any
   30  candidate, other than by making contributions, shall file, in the office
   31  in  which  the  statements of such committee are to be filed pursuant to
   32  this [article] TITLE, either a sworn verified statement by the treasurer
   33  of such committee  that  the  candidate  has  authorized  the  political
   34  committee  to aid or take part in his election or that the candidate has
   35  not authorized the committee to aid or take part in his election.
   36    S 12. Section 14-116 of the election law, subdivision  1  as  redesig-
   37  nated  by  chapter 9 of the laws of 1978 and subdivision 2 as amended by
   38  chapter 260 of the laws of 1981, is amended to read as follows:
   39    S 14-116. Political contributions by certain  organizations.  1.    No
   40  corporation,  LIMITED LIABILITY COMPANY or joint-stock association doing
   41  business in this state, except [a corporation or association] AN  ENTITY
   42  organized  or  maintained for political purposes only, shall directly or
   43  indirectly pay or use or offer, consent or agree to pay or use any money
   44  or property for or in aid of any political party, committee or organiza-
   45  tion, or for, or in aid of, any corporation, LIMITED LIABILITY  COMPANY,
   46  joint-stock  or  other association organized or maintained for political
   47  purposes, or for, or in aid of, any candidate for  political  office  or
   48  for  nomination  for such office, or for any political purpose whatever,
   49  or for the reimbursement or indemnification of any person for moneys  or
   50  property so used. Any officer, director, stock-holder, attorney or agent
   51  of any corporation, LIMITED LIABILITY COMPANY or joint-stock association
   52  which  violates  any of the provisions of this section, who participates
   53  in, aids, abets or advises or consents to any such violations,  and  any
   54  person  who  solicits  or  knowingly  receives  any money or property in
   55  violation of this section, shall be guilty of a misdemeanor.
       A. 4980--E                          7

    1    2. Notwithstanding the provisions of subdivision one of this  section,
    2  any  corporation or an organization financially supported in whole or in
    3  part, by such corporation, AND ANY LIMITED LIABILITY  COMPANY  may  make
    4  expenditures,  including contributions, not otherwise prohibited by law,
    5  for political purposes, in an amount not to exceed five thousand dollars
    6  in  the  aggregate in any calendar year; provided that no public utility
    7  shall use revenues received from the rendition of public service  within
    8  the  state  for contributions for political purposes unless such cost is
    9  charged to the shareholders of such a public service corporation.
   10    S 13. Subdivision 3 of section 14-124 of the election law, as  amended
   11  by chapter 71 of the laws of 1988, is amended to read as follows:
   12    3. The contribution and receipt limits of this article shall not apply
   13  to monies received and expenditures made by a party committee or consti-
   14  tuted committee to maintain a permanent headquarters and staff and carry
   15  on  ordinary activities which are not for the express purpose of promot-
   16  ing the candidacy  of  specific  candidates.  PROVIDED  THAT  THE  FUNDS
   17  DESCRIBED  IN  THIS  SUBDIVISION  SHALL  BE PROHIBITED FROM BEING TRANS-
   18  FERRED. PROVIDED FURTHER, THAT EXPENDITURES MADE BY A PARTY COMMITTEE OR
   19  CONSTITUTED COMMITTEE FOR A POLITICAL COMMUNICATION IN  ACCORDANCE  WITH
   20  THE  PROVISIONS OF THIS SUBDIVISION SHALL NOT INCLUDE THE NAME, LIKENESS
   21  OR VOICE OF ANY CANDIDATE OR ELECTED OFFICIAL.
   22    S 14. Title 1 of article 14 of the election law is amended by adding a
   23  new section 14-132 to read as follows:
   24    S 14-132. USE OF CONTRIBUTIONS IN VIOLATION OF  FEDERAL  POSTAL  REGU-
   25  LATIONS  PROHIBITED.  NO  PARTY  OR CONSTITUTED COMMITTEE WHICH HAS BEEN
   26  DESIGNATED AS A NOT-FOR-PROFIT ORGANIZATION BY THE UNITED STATES  INTER-
   27  NAL  REVENUE  SERVICE  SHALL  MAKE  EXPENDITURES,  OF DIRECT OR INDIRECT
   28  CONTRIBUTIONS OR TRANSFERS RECEIVED BY SUCH COMMITTEE, IN  VIOLATION  OF
   29  UNITED STATES POSTAL SERVICE REGULATIONS.
   30    S  15. Article 14 of the election law is amended by adding a new title
   31  3 to read as follows:
   32                                  TITLE III
   33                              PUBLIC FINANCING
   34  SECTION 14-300. APPLICABILITY OF TITLE.
   35          14-302. DEFINITIONS.
   36          14-304. REPORTING REQUIREMENTS.
   37          14-306. ELIGIBILITY.
   38          14-308. QUALIFIED CAMPAIGN EXPENDITURES.
   39          14-310. OPTIONAL PUBLIC FINANCING.
   40          14-312. CONTRIBUTION AND RECEIPT LIMITATIONS.
   41          14-314. LIMITATIONS ON THE RECEIPT OF PUBLIC FUNDS.
   42          14-316. FAIR ELECTIONS BOARD; GENERAL POWERS AND DUTIES.
   43          14-318. EXAMINATIONS AND AUDITS.
   44          14-320. CIVIL ENFORCEMENT.
   45          14-322. CRIMINAL PENALTIES.
   46          14-324. REPORTS.
   47          14-326. DEBATES.
   48          14-328. DISTRIBUTIONS FROM FAIR ELECTIONS FUND.
   49    S 14-300. APPLICABILITY OF TITLE. THIS TITLE SHALL ONLY APPLY TO THOSE
   50  CANDIDATES WHO ELECT TO PARTICIPATE IN  THE  OPTIONAL  PUBLIC  FINANCING
   51  SYSTEM.
   52    S  14-302.  DEFINITIONS. AS USED IN THIS TITLE, UNLESS ANOTHER MEANING
   53  IS CLEARLY INDICATED:
   54    1. THE TERM "BOARD" OR "FAIR ELECTIONS BOARD" MEANS THE BOARD  CREATED
   55  BY SECTION 14-316 OF THIS TITLE TO ADMINISTER THE FAIR ELECTIONS FUND.
       A. 4980--E                          8

    1    2. THE TERM "ELIGIBLE CANDIDATE" SHALL MEAN A CANDIDATE FOR NOMINATION
    2  OR  ELECTION  TO  ANY  OF  THE OFFICES OF GOVERNOR, LIEUTENANT GOVERNOR,
    3  COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE STATE LEGISLATURE, AT-LARGE
    4  DELEGATE TO A  CONSTITUTIONAL  CONVENTION  OR  DISTRICT  DELEGATE  TO  A
    5  CONSTITUTIONAL CONVENTION.
    6    3.  THE  TERM "PARTICIPATING COMMITTEE" SHALL MEAN A SINGLE AUTHORIZED
    7  POLITICAL COMMITTEE WHICH A CANDIDATE CERTIFIES IS  THE  COMMITTEE  THAT
    8  WILL SOLELY BE USED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM ESTAB-
    9  LISHED BY THIS TITLE AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMA-
   10  RY, GENERAL OR SPECIAL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT.  A
   11  MULTI-CANDIDATE COMMITTEE MAY NOT BE A PARTICIPATING COMMITTEE.
   12    4.  THE  TERM  "PARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE WHO IS
   13  ELIGIBLE TO PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING  SYSTEM  ESTAB-
   14  LISHED  BY  THIS  TITLE,  HAS  MET THE THRESHOLD FOR ELIGIBILITY AND HAS
   15  ELECTED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM.
   16    5. THE TERM "NONPARTICIPATING CANDIDATE" SHALL MEAN  A  CANDIDATE  FOR
   17  ANY OFFICE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING UNDER THIS TITLE FOR A
   18  COVERED ELECTION WHO FAILS TO FILE A STATEMENT IN THE FORM OF AN AFFIDA-
   19  VIT PURSUANT TO SECTION 14-310 OF THIS TITLE.
   20    6.  THE  TERM "MATCHABLE CONTRIBUTIONS" SHALL MEAN THAT PORTION OF THE
   21  AGGREGATE CONTRIBUTIONS MADE (A) IN THE CASE OF  A  PRIMARY  OR  GENERAL
   22  ELECTION, AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY OR GENER-
   23  AL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT OR (B) IN THE CASE OF A
   24  SPECIAL  ELECTION, WITHIN SIX MONTHS OF SUCH ELECTION BY NATURAL PERSONS
   25  RESIDENT IN THE STATE OF NEW YORK  TO  A  CANDIDATE  FOR  NOMINATION  OR
   26  ELECTION  TO  ANY OF THE OFFICES COVERED BY THE PROVISIONS OF THIS TITLE
   27  WHICH DO NOT EXCEED TWO HUNDRED FIFTY DOLLARS, WHICH HAVE BEEN  REPORTED
   28  IN FULL BY THE CANDIDATE'S PARTICIPATING COMMITTEE TO THE FAIR ELECTIONS
   29  BOARD, INCLUDING THE CONTRIBUTOR'S FULL NAME AND RESIDENTIAL ADDRESS.  A
   30  LOAN  MAY  NOT  BE  TREATED AS A MATCHABLE CONTRIBUTION.   THE FOLLOWING
   31  CONTRIBUTIONS ARE NOT MATCHABLE:
   32    (A) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;
   33    (B) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR  AN  ITEM
   34  WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
   35    (C) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR OR OTHER-
   36  WISE INDUCED BY A CHANCE TO PARTICIPATE IN A RAFFLE, LOTTERY, OR SIMILAR
   37  DRAWING FOR VALUABLE PRIZES;
   38    (D)  MONEY  ORDER  CONTRIBUTIONS FROM ANY ONE CONTRIBUTOR THAT ARE, IN
   39  THE AGGREGATE, GREATER THAN ONE HUNDRED DOLLARS;
   40    (E) CONTRIBUTIONS FROM INDIVIDUALS UNDER THE AGE OF EIGHTEEN YEARS;
   41    (F) CONTRIBUTIONS FROM INDIVIDUAL VENDORS TO  WHOM  THE  PARTICIPATING
   42  CANDIDATE  OR  HIS  OR  HER PRINCIPAL COMMITTEE MAKES AN EXPENDITURE, IN
   43  FURTHERANCE OF THE NOMINATION FOR ELECTION OR ELECTION  COVERED  BY  THE
   44  CANDIDATE'S  CERTIFICATION,  UNLESS  SUCH  EXPENDITURE IS REIMBURSING AN
   45  ADVANCE.
   46    (G) ALL CONTRIBUTIONS RECEIVED  BETWEEN  THE  DAY  AFTER  THE  GENERAL
   47  ELECTION  IN WHICH THE PARTICIPATING CANDIDATE IS SEEKING OFFICE AND THE
   48  THIRTY-FIRST DAY OF DECEMBER OF THE YEAR BEFORE THE YEAR  IN  WHICH  THE
   49  NEXT GENERAL ELECTION IS TO BE HELD, INCLUSIVELY.
   50    7. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE
   51  FOR WHICH PUBLIC FUNDS MAY BE USED.
   52    8.  THE  TERM "FUND" SHALL MEAN THE NEW YORK STATE FAIR ELECTIONS FUND
   53  CREATED BY SECTION NINETY-TWO-Y OF THE STATE FINANCE LAW.
   54    9. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF TOTAL
   55  MATCHABLE CONTRIBUTIONS THAT THE PARTICIPATING COMMITTEE OF AN OTHERWISE
   56  ELIGIBLE CANDIDATE MUST RECEIVE, AS REQUIRED BY SECTION 14-306  OF  THIS
       A. 4980--E                          9

    1  TITLE,  IN  ORDER  TO  QUALIFY FOR OPTIONAL PUBLIC FINANCING PURSUANT TO
    2  THIS TITLE.
    3    10. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS IN SUBDIVI-
    4  SION NINE OF SECTION 14-100 OF THIS ARTICLE.
    5    11.  THE TERM "ELECTION CYCLE" SHALL MEAN THE TWO YEAR PERIOD STARTING
    6  THE DAY AFTER THE LAST GENERAL ELECTION FOR  CANDIDATES  FOR  THE  STATE
    7  LEGISLATURE  AND  SHALL MEAN THE FOUR YEAR PERIOD STARTING AFTER THE DAY
    8  AFTER THE LAST GENERAL ELECTION FOR CANDIDATES FOR STATEWIDE OFFICE.
    9    S 14-304. REPORTING REQUIREMENTS.  1.  EVERY  PARTICIPATING  CANDIDATE
   10  SHALL NOT DESIGNATE MORE THAN ONE AUTHORIZED COMMITTEE. BEFORE RECEIVING
   11  ANY  CONTRIBUTION OR MAKING ANY EXPENDITURE FOR A COVERED ELECTION, EACH
   12  PARTICIPATING CANDIDATE SHALL NOTIFY THE FAIR ELECTIONS BOARD AS TO  THE
   13  EXISTENCE  OF  HIS  OR HER AUTHORIZED COMMITTEE THAT HAS BEEN DESIGNATED
   14  AND APPROVED BY SUCH CANDIDATE. EACH SUCH  AUTHORIZED  COMMITTEE  SHALL,
   15  BEFORE  OPENING  A COMMITTEE BANK ACCOUNT, RECEIVING ANY CONTRIBUTION OR
   16  MAKING ANY EXPENDITURE FOR A COVERED ELECTION:
   17    (A) DESIGNATE A TREASURER; AND
   18    (B) OBTAIN A TAX  IDENTIFICATION  NUMBER  FROM  THE  INTERNAL  REVENUE
   19  SERVICE.
   20    2.  DISCLOSURE. (A) EVERY PARTICIPATING CANDIDATE SHALL FILE FINANCIAL
   21  DISCLOSURE REPORTS WITH THE STATE BOARD  OF  ELECTIONS  AS  REQUIRED  BY
   22  TITLE  ONE OF THIS ARTICLE. COPIES OF SUCH REPORTS SHALL ALSO BE SUBMIT-
   23  TED TO THE FAIR ELECTIONS BOARD CREATED PURSUANT TO THIS ARTICLE AT  THE
   24  SAME TIME SUCH REPORTS ARE FILED WITH THE STATE BOARD OF ELECTIONS.
   25    (B) THE FAIR ELECTIONS BOARD SHALL REVIEW EACH DISCLOSURE REPORT FILED
   26  WITH  THE STATE BOARD OF ELECTIONS PURSUANT TO TITLE ONE OF THIS ARTICLE
   27  AND SHALL  INFORM  PARTICIPATING  CANDIDATES  AND  POLITICAL  COMMITTEES
   28  INCLUDING  THE  AUTHORIZED  COMMITTEE,  OF  RELEVANT  QUESTIONS THE FAIR
   29  ELECTIONS BOARD HAS CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS OF THIS
   30  TITLE AND OF THE RULES ISSUED BY THE  FAIR  ELECTIONS  BOARD;  AND  (II)
   31  QUALIFICATION  FOR  RECEIVING  PUBLIC  MATCHING  FUNDS  PURSUANT TO THIS
   32  TITLE. IN THE COURSE OF SUCH REVIEW, THE FAIR ELECTIONS BOARD SHALL GIVE
   33  CANDIDATES AND POLITICAL COMMITTEES INCLUDING THE AUTHORIZED  COMMITTEE,
   34  AN  OPPORTUNITY  TO RESPOND TO AND CORRECT POTENTIAL VIOLATIONS AND GIVE
   35  CANDIDATES AN OPPORTUNITY TO ADDRESS QUESTIONS THE BOARD HAS  CONCERNING
   36  THEIR MATCHABLE CONTRIBUTION CLAIMS OR OTHER ISSUES CONCERNING ELIGIBIL-
   37  ITY  FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. NOTHING
   38  IN THIS PARAGRAPH SHALL PRECLUDE THE BOARD FROM  SUBSEQUENTLY  REVIEWING
   39  SUCH  A  DISCLOSURE REPORT AND TAKING ANY ACTION OTHERWISE AUTHORIZED BY
   40  THIS TITLE.
   41    (C) ONLY ITEMIZED CONTRIBUTIONS CONTAINED IN REPORTS  FILED  WITH  THE
   42  FAIR  ELECTIONS  BOARD  SHALL BE ELIGIBLE FOR MATCHING FUNDS PURSUANT TO
   43  THIS TITLE.
   44    S 14-306. ELIGIBILITY. 1. TO BE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING
   45  UNDER THIS TITLE, A CANDIDATE FOR NOMINATION OR ELECTION MUST:
   46    (A) MEET ALL THE REQUIREMENTS OF THIS CHAPTER AND OTHER PROVISIONS  OF
   47  LAW TO HAVE HIS OR HER NAME ON THE BALLOT;
   48    (B)  BE  A  CANDIDATE  FOR  STATEWIDE OFFICE, THE STATE LEGISLATURE OR
   49  DELEGATE TO A CONSTITUTIONAL CONVENTION AT A PRIMARY, GENERAL OR SPECIAL
   50  ELECTION AND MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION
   51  TWO OF THIS SECTION;
   52    (C) ELECT TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM ESTABLISHED BY
   53  THIS TITLE NOT LATER THAN SEVEN DAYS AFTER THE LAST DAY TO  FILE  DESIG-
   54  NATING  PETITIONS  FOR  THE  OFFICE SUCH CANDIDATE IS SEEKING OR, IN THE
   55  CASE OF A SPECIAL ELECTION, NOT LATER THAN THE LAST DAY TO FILE NOMINAT-
   56  ING CERTIFICATES FOR SUCH OFFICE;
       A. 4980--E                         10

    1    (D) AGREE TO OBTAIN AND  FURNISH  TO  THE  FAIR  ELECTIONS  BOARD  ANY
    2  EVIDENCE  IT  MAY  REASONABLY  REQUEST  RELATING  TO HIS OR HER CAMPAIGN
    3  EXPENDITURES OR CONTRIBUTIONS AND FURNISH SUCH OTHER PROOF OF COMPLIANCE
    4  WITH THIS TITLE AS MAY BE REQUESTED BY THE BOARD;
    5    (E)  HAVE  A  SINGLE  AUTHORIZED  POLITICAL  COMMITTEE WHICH HE OR SHE
    6  CERTIFIES AS THE PARTICIPATING COMMITTEE FOR THE PURPOSES OF THIS TITLE;
    7    (F) AGREE TO IDENTIFY ACCURATELY IN ALL CAMPAIGN MATERIALS THE  PERSON
    8  OR ENTITY THAT PAID FOR SUCH CAMPAIGN MATERIAL; AND
    9    (G)  FOR  ANY CANDIDATE ELECTING TO PARTICIPATE IN THE OPTIONAL PUBLIC
   10  FINANCING SYSTEM IN THE YEAR IN WHICH  SUCH  OPTIONAL  PUBLIC  FINANCING
   11  SYSTEM  IS  FIRST EFFECTIVE, FOR THE COVERED OFFICE BEING SOUGHT BY SUCH
   12  CANDIDATE, AND, IN EACH SUBSEQUENT YEAR, THOSE CANDIDATES  WHO  DID  NOT
   13  ELECT TO PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEM IN THE YEAR
   14  IMMEDIATELY PRECEDING THE CURRENT YEAR, AGREE NOT TO EXPEND FOR CAMPAIGN
   15  PURPOSES  ANY  PORTION  OF  ANY PRE-EXISTING FUNDS RAISED FOR ANY PUBLIC
   16  OFFICE OR PARTY POSITION PRIOR TO THE DATE OF ELECTING TO PARTICIPATE IN
   17  THE PUBLIC FINANCING SYSTEM AS SET FORTH IN PARAGRAPH (C) OF THIS SUBDI-
   18  VISION.  NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO LIMIT,  IN  ANY
   19  WAY,  ANY  CANDIDATE  OR  PUBLIC  OFFICIAL FROM EXPENDING ANY PORTION OF
   20  PRE-EXISTING CAMPAIGN FUNDS FOR ANY  LAWFUL  PURPOSE  OTHER  THAN  THOSE
   21  RELATED TO HIS OR HER CAMPAIGN.
   22    (H)  AGREE  NOT  TO  ACCEPT  CONTRIBUTIONS IN EXCESS OF THE LIMITS SET
   23  FORTH IN SECTION 14-312 OF THIS TITLE FROM THE TIME HE OR SHE ELECTS  TO
   24  PARTICIPATE  IN  THE  OPTIONAL  PUBLIC FINANCING SYSTEM, AS SET FORTH BY
   25  PARAGRAPH (C) OF THIS SECTION, THROUGH THE THIRTY-FIRST DAY OF  DECEMBER
   26  OF  THE YEAR BEFORE THE YEAR IN WHICH THE NEXT GENERAL ELECTION IS TO BE
   27  HELD.
   28    2. THE THRESHOLD FOR ELIGIBILITY FOR PUBLIC FUNDING FOR CANDIDATES  IN
   29  A  PRIMARY,  GENERAL OR SPECIAL ELECTION FOR THE FOLLOWING OFFICES SHALL
   30  BE:
   31    (A) GOVERNOR IN A PRIMARY OR  GENERAL  ELECTION.  NOT  LESS  THAN  SIX
   32  HUNDRED  FIFTY  THOUSAND DOLLARS FROM AT LEAST SIX THOUSAND FIVE HUNDRED
   33  MATCHABLE CONTRIBUTIONS MADE UP OF SUMS  OF  UP  TO  TWO  HUNDRED  FIFTY
   34  DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
   35    (B)  LIEUTENANT  GOVERNOR  IN  A  PRIMARY  ELECTION AND COMPTROLLER OR
   36  ATTORNEY GENERAL IN A PRIMARY OR GENERAL ELECTION.   NOT LESS  THAN  TWO
   37  HUNDRED  THOUSAND  DOLLARS FROM AT LEAST TWO THOUSAND MATCHABLE CONTRIB-
   38  UTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY DOLLARS PER INDIVIDUAL
   39  CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
   40    (C) MEMBERS OF THE STATE SENATE  IN  A  PRIMARY,  GENERAL  OR  SPECIAL
   41  ELECTION.  NOT  LESS  THAN  TWENTY  THOUSAND  DOLLARS  FROM AT LEAST TWO
   42  HUNDRED MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF  UP  TO  TWO  HUNDRED
   43  FIFTY  DOLLARS  PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE
   44  INCLUDING AT LEAST TEN THOUSAND DOLLARS FROM AT LEAST ONE HUNDRED  INDI-
   45  VIDUAL  CONTRIBUTORS  WHO RESIDE IN THE SENATE DISTRICT OR RESIDE IN ANY
   46  PORTION OF ANY COUNTY WHICH CONSTITUTES ANY MEASURE OF THE  DISTRICT  IN
   47  WHICH THE SEAT IS TO BE FILLED.
   48    (D) MEMBERS OF THE ASSEMBLY IN A PRIMARY, GENERAL OR SPECIAL ELECTION.
   49  NOT  LESS  THAN TEN THOUSAND DOLLARS FROM AT LEAST ONE HUNDRED MATCHABLE
   50  CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO  HUNDRED  FIFTY  DOLLARS  PER
   51  INDIVIDUAL  CONTRIBUTOR WHO RESIDES IN NEW YORK STATE INCLUDING AT LEAST
   52  FIVE THOUSAND DOLLARS FROM AT LEAST FIFTY INDIVIDUALS WHO RESIDE IN  THE
   53  ASSEMBLY  DISTRICT  OR RESIDE IN ANY PORTION OF ANY COUNTY WHICH CONSTI-
   54  TUTES ANY MEASURE OF THE DISTRICT IN WHICH THE SEAT IS TO BE FILLED.
   55    (E) AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION IN A  PRIMARY  OR
   56  GENERAL  ELECTION.  NOT  LESS THAN TWENTY THOUSAND DOLLARS FROM AT LEAST
       A. 4980--E                         11

    1  TWO HUNDRED MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED
    2  FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
    3    (F)  DISTRICT  DELEGATE TO A CONSTITUTIONAL CONVENTION IN A PRIMARY OR
    4  GENERAL ELECTION. NOT LESS THAN FIVE  THOUSAND  DOLLARS  FROM  AT  LEAST
    5  FIFTY MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY
    6  DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN THE DISTRICT OR IN THE
    7  CONSTITUENT COUNTY OR RESIDES IN ANY PORTION OF ANY COUNTY WHICH CONSTI-
    8  TUTES ANY MEASURE OF THE DISTRICT IN WHICH THE SEAT IS TO BE FILLED.
    9    3.  IN  ORDER  TO  BE  ELIGIBLE  TO  RECEIVE PUBLIC FUNDS IN A PRIMARY
   10  ELECTION A CANDIDATE MUST AGREE, THAT IN THE EVENT SUCH CANDIDATE  IS  A
   11  CANDIDATE  FOR  SUCH  OFFICE  IN THE GENERAL ELECTION IN SUCH YEAR, THAT
   12  SUCH CANDIDATE WILL BE BOUND BY THE PROVISIONS OF THIS TITLE, INCLUDING,
   13  BUT NOT LIMITED TO, THE PUBLIC FUNDS RECEIPT LIMITS OF THIS TITLE.
   14    4. CANDIDATES WHO ARE CONTESTED IN A PRIMARY ELECTION AND WHO  DO  NOT
   15  SEEK PUBLIC FUNDS SHALL NOT BE ELIGIBLE FOR PUBLIC FUNDS FOR THE GENERAL
   16  ELECTION  IN  THAT  YEAR.  THE  PROVISIONS OF THIS SUBDIVISION SHALL NOT
   17  APPLY TO CANDIDATES FOR THE OFFICE OF LIEUTENANT GOVERNOR.
   18    5. CANDIDATES WHO ARE UNOPPOSED IN A GENERAL OR SPECIAL ELECTION SHALL
   19  NOT BE ELIGIBLE TO RECEIVE PUBLIC FUNDS.
   20    6. NO CANDIDATE FOR ELECTION TO AN OFFICE IN  A  PRIMARY,  GENERAL  OR
   21  SPECIAL  ELECTION WHO HAS ELECTED TO PARTICIPATE IN THE PUBLIC FINANCING
   22  SYSTEM SHALL BE DEEMED OPPOSED AND RECEIVE PUBLIC FUNDS UNLESS THERE  IS
   23  AT LEAST ONE OTHER CANDIDATE, AS DEFINED BY SUBDIVISION SEVEN OF SECTION
   24  14-100 OF THIS ARTICLE FOR SUCH OFFICE IN SUCH ELECTION.
   25    S  14-308.  QUALIFIED  CAMPAIGN EXPENDITURES. 1. PUBLIC FUNDS PROVIDED
   26  UNDER THE PROVISIONS OF THIS TITLE MAY ONLY BE USED FOR EXPENDITURES  BY
   27  THE PARTICIPATING COMMITTEE AUTHORIZED BY THE CANDIDATE TO MAKE EXPENDI-
   28  TURES  ON SUCH CANDIDATE'S BEHALF, TO FURTHER THE CANDIDATE'S NOMINATION
   29  OR ELECTION AFTER JANUARY FIRST OF THE YEAR  IN  WHICH  THE  PRIMARY  OR
   30  GENERAL ELECTION IS HELD FOR THE OFFICE SOUGHT, FOR SERVICES, MATERIALS,
   31  FACILITIES  OR OTHER THINGS OF VALUE USED DURING THAT ELECTION CYCLE OR,
   32  IN THE CASE OF A SPECIAL ELECTION, FOR EXPENDITURES  DURING  THE  PERIOD
   33  COMMENCING  THREE  MONTHS BEFORE AND ENDING ONE MONTH AFTER SUCH SPECIAL
   34  ELECTION.
   35    2. SUCH PUBLIC FUNDS MAY NOT BE USED FOR:
   36    (A) AN EXPENDITURE IN VIOLATION OF ANY LAW OF THE UNITED STATES OR  OF
   37  THIS STATE;
   38    (B)  PAYMENTS  OR  ANYTHING OF VALUE GIVEN OR MADE TO THE CANDIDATE, A
   39  RELATIVE OF THE CANDIDATE, OR TO A BUSINESS ENTITY  IN  WHICH  ANY  SUCH
   40  PERSON  HAS  A TEN PERCENT OR GREATER OWNERSHIP INTEREST OR OF WHICH ANY
   41  SUCH PERSON IS AN OFFICER, DIRECTOR OR EMPLOYEE IN EXCESS  OF  THE  FAIR
   42  MARKET  VALUE OF SUCH SERVICES, MATERIALS, FACILITIES OR OTHER THINGS OF
   43  VALUE RECEIVED IN EXCHANGE;
   44    (C) PAYMENT IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES, MATERIALS,
   45  FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
   46    (D) ANY EXPENDITURE MADE AFTER THE  PARTICIPATING  CANDIDATE,  OR  THE
   47  ONLY  REMAINING OPPONENT OF SUCH CANDIDATE, HAS BEEN DISQUALIFIED OR HAD
   48  SUCH CANDIDATE'S PETITIONS DECLARED INVALID BY A BOARD OF ELECTIONS OR A
   49  COURT OF  COMPETENT  JURISDICTION  UNTIL  AND  UNLESS  SUCH  FINDING  IS
   50  REVERSED BY A HIGHER AUTHORITY.
   51    (E)  ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
   52  DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION,  ACCEPTANCE,
   53  AUTHORIZATION, DECLINATION OR SUBSTITUTION;
   54    (F) EXPENDITURE FOR NONCAMPAIGN RELATED FOOD, DRINK OR ENTERTAINMENT;
   55    (G) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS, OR OTHER PRINTED CAMPAIGN
   56  MATERIALS; AND
       A. 4980--E                         12

    1    (H) CONTRIBUTIONS OR TRANSFERS TO A POLITICAL COMMITTEE.
    2    S  14-310.  OPTIONAL PUBLIC FINANCING. 1. PARTICIPATING CANDIDATES FOR
    3  NOMINATION OR ELECTION IN PRIMARY, GENERAL  AND  SPECIAL  ELECTIONS  MAY
    4  OBTAIN PAYMENT TO A PARTICIPATING COMMITTEE FROM PUBLIC FUNDS FOR QUALI-
    5  FIED  CAMPAIGN  EXPENDITURES.  NO  SUCH  PUBLIC FUNDS SHALL BE PAID TO A
    6  PARTICIPATING COMMITTEE UNTIL THE CANDIDATE HAS QUALIFIED TO  APPEAR  ON
    7  THE  BALLOT  AND  FILED  A SWORN STATEMENT WITH THE FAIR ELECTIONS BOARD
    8  ELECTING TO PARTICIPATE IN THE  OPTIONAL  PUBLIC  FINANCING  SYSTEM  AND
    9  AGREEING TO ABIDE BY THE REQUIREMENTS OF THIS TITLE.  PAYMENTS SHALL NOT
   10  EXCEED  THE  AMOUNTS  SPECIFIED IN THIS TITLE, AND SHALL BE MADE ONLY IN
   11  ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. SUCH PAYMENTS MAY ONLY  BE
   12  MADE  TO  A PARTICIPATING CANDIDATE'S PARTICIPATING COMMITTEE. NO PUBLIC
   13  FUNDS SHALL BE USED EXCEPT AS REIMBURSEMENT  OR  PAYMENT  FOR  QUALIFIED
   14  CAMPAIGN  EXPENDITURES  ACTUALLY AND LAWFULLY INCURRED OR TO REPAY LOANS
   15  USED TO PAY QUALIFIED CAMPAIGN EXPENDITURES.
   16    2. THE PARTICIPATING COMMITTEE OF EACH PARTICIPATING  CANDIDATE  SHALL
   17  BE ENTITLED TO SIX DOLLARS IN PUBLIC FUNDS FOR EACH ONE DOLLAR OF MATCH-
   18  ABLE  CONTRIBUTIONS OBTAINED AND REPORTED TO THE FAIR ELECTIONS BOARD IN
   19  ACCORDANCE WITH THE PROVISIONS OF THIS TITLE,  PROVIDED,  HOWEVER,  SUCH
   20  PUBLIC FUNDS SHALL ONLY BE USED FOR QUALIFIED CAMPAIGN EXPENDITURES.
   21    3.  (A) NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS
   22  UNOPPOSED IN A PRIMARY ELECTION SHALL BE ENTITLED TO  PAYMENT  FROM  THE
   23  FUND FOR QUALIFIED CAMPAIGN EXPENDITURES.
   24    (B)  WHERE THERE IS A CONTEST IN SUCH PRIMARY FOR THE NOMINATION OF AT
   25  LEAST ONE OTHER PARTY FOR SUCH OFFICE, THE PARTICIPATING COMMITTEE OF AN
   26  UNOPPOSED PARTICIPATING CANDIDATE FOR NOMINATION MAY RAISE AND SPEND  AN
   27  AMOUNT EQUAL TO ONE-HALF THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE,
   28  AS  FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
   29  FUNDS, WITH CONTRIBUTIONS OF UP TO TWO THOUSAND DOLLARS PER CONTRIBUTOR.
   30  SUCH PAYMENT CAN ONLY BE EXPENDED FOR PROPERTY, SERVICES  OR  FACILITIES
   31  USED ON OR BEFORE THE DATE OF SUCH PRIMARY ELECTION.
   32    4.  THE  FAIR  ELECTIONS  BOARD  SHALL PROMPTLY EXAMINE ALL REPORTS OF
   33  CONTRIBUTIONS TO  DETERMINE  WHETHER,  ON  THEIR  FACE,  THEY  MEET  THE
   34  REQUIREMENTS  FOR  MATCHABLE  CONTRIBUTIONS,  AND SHALL KEEP A RECORD OF
   35  SUCH CONTRIBUTIONS.
   36    5. THE FAIR ELECTIONS  BOARD  SHALL  PROMULGATE  REGULATIONS  FOR  THE
   37  CERTIFICATION  OF  THE  AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER, FROM
   38  THE FUND ESTABLISHED PURSUANT  TO  SECTION  NINETY-TWO-Y  OF  THE  STATE
   39  FINANCE  LAW, TO A PARTICIPATING CANDIDATE THAT HAS QUALIFIED TO RECEIVE
   40  SUCH PAYMENT. THESE  REGULATIONS  SHALL  INCLUDE  THE  PROMULGATION  AND
   41  DISTRIBUTION  OF FORMS ON WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO BE
   42  REPORTED, THE PERIODS DURING WHICH SUCH REPORTS MUST BE  FILED  AND  THE
   43  VERIFICATION  REQUIRED.  THE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL
   44  MAKE POSSIBLE PAYMENT BY THE FUND WITHIN TWO BUSINESS DAYS AFTER RECEIPT
   45  OF THE REQUIRED FORMS AND VERIFICATIONS.
   46    S 14-312. CONTRIBUTION AND RECEIPT LIMITATIONS. 1.   IN  ANY  PRIMARY,
   47  SPECIAL  OR GENERAL ELECTION FOR ANY STATEWIDE OFFICE, STATE LEGISLATIVE
   48  OFFICE OR CONSTITUTIONAL CONVENTION DELEGATE NO CONTRIBUTOR MAY  MAKE  A
   49  CONTRIBUTION  TO ANY PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S PARTIC-
   50  IPATING COMMITTEE,  AND  NO  PARTICIPATING  CANDIDATE  OR  PARTICIPATING
   51  COMMITTEE MAY ACCEPT ANY CONTRIBUTION FROM ANY CONTRIBUTOR WHICH, IN THE
   52  AGGREGATE AMOUNT, IS GREATER THAN TWO THOUSAND DOLLARS.
   53    2.  (A) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE
   54  AS FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT  PUBLIC
   55  FUNDS,  A PARTICIPATING CANDIDATE FOR GOVERNOR OR LIEUTENANT GOVERNOR IN
   56  A PRIMARY OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING  COMMIT-
       A. 4980--E                         13

    1  TEE  MAY  ACCEPT  FROM A STATE CONSTITUTED COMMITTEE WHICH HAS NOMINATED
    2  SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE,  DOES  NOT
    3  EXCEED  TWO  MILLION  FIVE  HUNDRED THOUSAND DOLLARS; PROVIDED, HOWEVER,
    4  THAT TWENTY-FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A
    5  TRANSFER.
    6    (B)  NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS
    7  FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE  ELECTED  TO  ACCEPT  PUBLIC
    8  FUNDS,  A PARTICIPATING CANDIDATE FOR ATTORNEY GENERAL OR COMPTROLLER IN
    9  A PRIMARY OR GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING  COMMIT-
   10  TEE  MAY  ACCEPT  FROM A STATE CONSTITUTED COMMITTEE WHICH HAS NOMINATED
   11  SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE,  DOES  NOT
   12  EXCEED  ONE MILLION DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE PERCENT
   13  OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
   14    (C) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE  AS
   15  FIXED  BY  THIS  TITLE  FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
   16  FUNDS, A PARTICIPATING CANDIDATE FOR STATE SENATOR IN A PRIMARY, GENERAL
   17  OR SPECIAL ELECTION OR  SUCH  CANDIDATE'S  PARTICIPATING  COMMITTEE  MAY
   18  ACCEPT  FROM  A  STATE  CONSTITUTED  COMMITTEE  WHICH HAS NOMINATED SUCH
   19  CANDIDATE SERVICES IN   AN AMOUNT WHICH,  IN  THE  AGGREGATE,  DOES  NOT
   20  EXCEED ONE HUNDRED THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE
   21  PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
   22    (D)  NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS
   23  FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE  ELECTED  TO  ACCEPT  PUBLIC
   24  FUNDS,  A PARTICIPATING CANDIDATE FOR MEMBER OF THE ASSEMBLY IN A PRIMA-
   25  RY, GENERAL  OR  SPECIAL  ELECTION  OR  SUCH  CANDIDATE'S  PARTICIPATING
   26  COMMITTEE  MAY ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS NOMI-
   27  NATED SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES
   28  NOT EXCEED FIFTY THOUSAND DOLLARS; PROVIDED, HOWEVER,  THAT  TWENTY-FIVE
   29  PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
   30    (E)  NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE AS
   31  FIXED BY THIS TITLE FOR CANDIDATES WHO HAVE  ELECTED  TO  ACCEPT  PUBLIC
   32  FUNDS,  A  PARTICIPATING  CANDIDATE FOR DELEGATE AT-LARGE TO A CONSTITU-
   33  TIONAL CONVENTION IN A GENERAL ELECTION OR SUCH CANDIDATE'S  PARTICIPAT-
   34  ING  COMMITTEE  MAY  ACCEPT FROM A STATE CONSTITUTED COMMITTEE WHICH HAS
   35  NOMINATED SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE  AGGREGATE,
   36  DOES  NOT EXCEED FIFTY THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-
   37  FIVE PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
   38    (F) NOTWITHSTANDING THE PUBLIC FUNDS RECEIPT LIMIT FOR SUCH OFFICE  AS
   39  FIXED  BY  THIS  TITLE  FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC
   40  FUNDS, A PARTICIPATING CANDIDATE FOR DISTRICT DELEGATE  TO  A  CONSTITU-
   41  TIONAL  CONVENTION IN A GENERAL ELECTION OR SUCH CANDIDATE'S PARTICIPAT-
   42  ING COMMITTEE MAY ACCEPT FROM A STATE CONSTITUTED  COMMITTEE  WHICH  HAS
   43  NOMINATED  SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE,
   44  DOES  NOT  EXCEED  TEN  THOUSAND  DOLLARS;   PROVIDED,   HOWEVER,   THAT
   45  TWENTY-FIVE  PERCENT  OF  SUCH  AMOUNT  MAY BE ACCEPTED IN THE FORM OF A
   46  TRANSFER.
   47    (G) FOR PURPOSES OF  THIS  SUBDIVISION,  THE  TERM  STATE  CONSTITUTED
   48  COMMITTEE INCLUDES ANY OF ITS SUBCOMMITTEES.
   49    3. NOTWITHSTANDING ANY PUBLIC FUNDS RECEIPT LIMIT IN THIS SUBDIVISION,
   50  EACH  COUNTY  COMMITTEE  OF  ANY  PARTY  WHICH NOMINATES A CANDIDATE FOR
   51  STATEWIDE OFFICE OR STATE LEGISLATIVE OFFICE, INCLUDING WITHIN THE  TERM
   52  COUNTY COMMITTEE ANY OF ITS SUBCOMMITTEES, MAY EXPEND IN SUPPORT OF SUCH
   53  PARTY'S  CANDIDATES FOR STATEWIDE OFFICE OR STATE LEGISLATIVE OFFICE WHO
   54  HAS AGREED TO ACCEPT PUBLIC FINANCING, AN AMOUNT WHICH SHALL NOT  EXCEED
   55  THE  SUM OF TWO CENTS FOR EACH VOTER REGISTERED IN SUCH COUNTY AS DETER-
       A. 4980--E                         14

    1  MINED BY THE RECORDS OF THE APPROPRIATE BOARD OF  ELECTIONS  AS  OF  THE
    2  PRECEDING GENERAL ELECTION.
    3    4.  IN  COMPUTING  THE  AGGREGATE AMOUNT EXPENDED FOR PURPOSES OF THIS
    4  SECTION, EXPENDITURES MADE BY A STATE CONSTITUTED COMMITTEE OR A  COUNTY
    5  COMMITTEE IN SUPPORT OF MORE THAN ONE CANDIDATE SHALL BE ALLOCATED AMONG
    6  SUCH  CANDIDATES  SUPPORTED BY THE COMMITTEE IN ACCORDANCE WITH FORMULAS
    7  PROMULGATED BY THE FAIR ELECTIONS BOARD OR, IN THE ABSENCE OF SUCH OFFI-
    8  CIAL FORMULAS, IN ACCORDANCE WITH A FORMULA BASED UPON REASONABLE STAND-
    9  ARDS. THE STATEMENTS FILED BY SUCH CONSTITUTED COMMITTEE  IN  ACCORDANCE
   10  WITH  THIS CHAPTER SHALL SET FORTH, IN ADDITION TO THE OTHER INFORMATION
   11  REQUIRED, THE TOTAL AMOUNT EXPENDED BY THE PARTY COMMITTEE ON BEHALF  OF
   12  ALL SUCH CANDIDATES AND THE AMOUNT ALLOCATED TO EACH CANDIDATE BY DOLLAR
   13  AMOUNT  AND PERCENTAGE.  EXPENDITURES BY A PARTY FOR ACTIVITIES WHICH DO
   14  NOT SUPPORT OR OPPOSE THE ELECTION OF ANY  CANDIDATE  OR  CANDIDATES  BY
   15  NAME  OR  BY  CLEAR  INFERENCE  SHALL NOT BE REGARDED AS EXPENDITURES ON
   16  BEHALF OF OR IN OPPOSITION TO A CANDIDATE.
   17    5. A PARTICIPATING CANDIDATE FOR A  PUBLIC  OFFICE  FOR  WHICH  PUBLIC
   18  FUNDS ARE AVAILABLE PURSUANT TO THIS TITLE SHALL NOT ACCEPT ANY CONTRIB-
   19  UTIONS  ANY EARLIER THAN ONE DAY AFTER THE PREVIOUS GENERAL ELECTION FOR
   20  THE OFFICE WHICH SUCH CANDIDATE IS SEEKING, OR ANY LATER THAN THE DAY OF
   21  THE GENERAL ELECTION FOR THE OFFICE SOUGHT, EXCEPT THAT A  PARTICIPATING
   22  CANDIDATE  OR  PARTICIPATING COMMITTEE WHICH HAS A DEFICIT ON THE DAY OF
   23  THE GENERAL ELECTION MAY, AFTER SUCH DATE, ACCEPT CONTRIBUTIONS WHICH DO
   24  NOT EXCEED THE AMOUNT OF SUCH DEFICIT AND THE EXPENSES INCURRED IN RAIS-
   25  ING SUCH CONTRIBUTIONS OR THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED
   26  BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS.
   27    6. EXCEPT FOR THE LIMITATIONS SPECIFICALLY SET FORTH IN THIS  SECTION,
   28  PARTICIPATING  CANDIDATES  SHALL  BE  SUBJECT  TO THE PROVISIONS OF THIS
   29  ARTICLE.
   30    S 14-314. LIMITATIONS ON THE RECEIPT OF PUBLIC FUNDS.   THE  FOLLOWING
   31  LIMITATIONS  APPLY  TO  THE  TOTAL  AMOUNT  OF  PUBLIC FUNDS THAT MAY BE
   32  PROVIDED TO A PARTICIPATING  CANDIDATE'S  AUTHORIZED  COMMITTEE  FOR  AN
   33  ELECTION CYCLE:
   34    1.  IN  ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS BY PARTICIPATING
   35  CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
   36    (I) FOR GOVERNOR, THE SUM OF NINE MILLION DOLLARS;
   37    (II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
   38  OF SIX MILLION DOLLARS;
   39    (III) FOR SENATOR, THE SUM OF THREE HUNDRED FIFTY THOUSAND DOLLARS;
   40    (IV) FOR MEMBER OF THE ASSEMBLY, THE SUM OF ONE HUNDRED FIFTY THOUSAND
   41  DOLLARS;
   42    (V) FOR AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION, THE  SUM  OF
   43  ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS;
   44    (VI) FOR DISTRICT DELEGATES TO A CONSTITUTIONAL CONVENTION, THE SUM OF
   45  FIFTY THOUSAND DOLLARS;
   46    2.  IN  ANY  GENERAL  OR  SPECIAL ELECTION, RECEIPT OF PUBLIC FUNDS BY
   47  PARTICIPATING CANDIDATES FOR THE FOLLOWING OFFICES AND BY THEIR  PARTIC-
   48  IPATING COMMITTEES SHALL NOT EXCEED THE FOLLOWING AMOUNTS:
   49    CANDIDATES FOR ELECTION TO THE OFFICE OF:
   50    GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED)                $12,000,000
   51    ATTORNEY GENERAL                                           $8,000,000
   52    COMPTROLLER                                                $8,000,000
   53    MEMBER OF SENATE                                           $400,000
   54    MEMBER OF ASSEMBLY                                         $200,000
   55    DELEGATE AT-LARGE TO A CONSTITUTIONAL CONVENTION           $350,000
   56    DISTRICT DELEGATE TO A CONSTITUTIONAL CONVENTION           $75,000
       A. 4980--E                         15

    1    3. PARTICIPATING CANDIDATES FOR OFFICE WHO ARE UNOPPOSED IN THE PRIMA-
    2  RY  ELECTION  MAY  RECEIVE PUBLIC FUNDS BEFORE THE PRIMARY ELECTION, FOR
    3  SERVICES, MATERIALS OR FACILITIES USED ON OR BEFORE  THE  DATE  OF  SUCH
    4  PRIMARY  ELECTION, AN AMOUNT EQUAL TO HALF THE SUM SUCH CANDIDATES WOULD
    5  BE ENTITLED TO RECEIVE IF THEIR NOMINATION WAS CONTESTED IN SUCH PRIMARY
    6  ELECTION  PROVIDED  THERE  IS A PRIMARY CONTEST FOR THE NOMINATION OF AT
    7  LEAST ONE OTHER PARTY FOR SUCH OFFICE.
    8    4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  AMOUNT  OF
    9  PRIVATE  FUNDS  A  PARTICIPATING  CANDIDATE  MAY  RECEIVE SUBJECT TO THE
   10  CONTRIBUTION LIMITS CONTAINED IN SECTION 14-312 OF THIS TITLE.
   11    5. AT THE BEGINNING OF EACH SECOND CALENDAR YEAR,  COMMENCING  IN  TWO
   12  THOUSAND  SIXTEEN, THE FAIR ELECTIONS BOARD SHALL DETERMINE THE PERCENT-
   13  AGE OF THE DIFFERENCE BETWEEN THE MOST RECENT AVAILABLE MONTHLY CONSUMER
   14  PRICE INDEX FOR ALL URBAN CONSUMERS PUBLISHED BY THE THE  UNITED  STATES
   15  BUREAU  OF  LABOR STATISTICS AND SUCH CONSUMER PRICE INDEX PUBLISHED FOR
   16  THE SAME MONTH FOUR YEARS PREVIOUSLY. THE AMOUNT OF  EACH  PUBLIC  FUNDS
   17  RECEIPT LIMITATION FIXED IN THIS SECTION SHALL BE ADJUSTED BY THE AMOUNT
   18  OF  SUCH PERCENTAGE DIFFERENCE TO THE CLOSEST ONE HUNDRED DOLLARS BY THE
   19  STATE BOARD WHICH, NOT LATER THAN THE FIRST DAY OF FEBRUARY IN EACH SUCH
   20  YEAR, SHALL ISSUE A  REGULATION  PUBLISHING  THE  AMOUNT  OF  EACH  SUCH
   21  CONTRIBUTION  LIMIT. EACH PUBLIC FUND RECEIPT LIMIT AS SO ADJUSTED SHALL
   22  BE THE PUBLIC FUNDS RECEIPT LIMIT IN EFFECT FOR ANY ELECTION HELD BEFORE
   23  THE NEXT SUCH ADJUSTMENT.
   24    S 14-316. FAIR ELECTIONS BOARD; GENERAL POWERS AND DUTIES. 1.    THERE
   25  SHALL  BE A BOARD WITHIN THE STATE BOARD OF ELECTIONS KNOWN AS THE "FAIR
   26  ELECTIONS BOARD" COMPOSED OF FIVE MEMBERS, OF WHICH ONE MEMBER SHALL  BE
   27  APPOINTED  BY  THE  GOVERNOR  AND  ONE MEMBER SHALL BE APPOINTED BY EACH
   28  LEGISLATIVE LEADER OF THE SENATE AND ASSEMBLY.   NO MEMBER OF  THE  FAIR
   29  ELECTIONS  BOARD  SHALL  HOLD ELECTIVE OFFICE, NOR SHALL ANY MEMBER BE A
   30  LOBBYIST AS DEFINED IN SUBDIVISION (A) OF SECTION ONE-C OF THE  LEGISLA-
   31  TIVE LAW. THE CHAIR SHALL BE RESPONSIBLE FOR MANAGING THE FAIR ELECTIONS
   32  BOARD. THE MEMBERS SHALL EACH SERVE FOR A TERM OF FOUR YEARS.
   33    2.  THE MEMBERS OF THE FAIR ELECTIONS BOARD SHALL DESIGNATE THE CHAIR-
   34  MAN  OF  THE  FAIR  ELECTIONS  BOARD FROM AMONG THE MEMBERS THEREOF, WHO
   35  SHALL SERVE AS CHAIRMAN AT THE PLEASURE  OF  THE  MEMBERS  OF  THE  FAIR
   36  ELECTIONS BOARD. THE CHAIRMAN OR ANY THREE MEMBERS OF THE FAIR ELECTIONS
   37  BOARD MAY CALL A MEETING.
   38    3.  EACH  MEMBER'S  TERM SHALL COMMENCE ON JANUARY FIRST, TWO THOUSAND
   39  FIFTEEN. IN CASE OF A VACANCY IN THE OFFICE OF A MEMBER, A MEMBER  SHALL
   40  BE  APPOINTED  ACCORDING  TO  THE  ORIGINAL  MANNER OF APPOINTMENT. EACH
   41  MEMBER SHALL BE A RESIDENT OF THE STATE OF NEW YORK  AND  REGISTERED  TO
   42  VOTE  THEREIN.  EACH  MEMBER  SHALL AGREE NOT TO MAKE AND SHALL NOT MAKE
   43  CONTRIBUTIONS TO ANY CANDIDATE OR AUTHORIZED  COMMITTEE  FOR  NOMINATION
   44  FOR  ELECTION.  NO MEMBER SHALL SERVE AS AN OFFICER OF A POLITICAL PARTY
   45  OR COMMITTEE OR BE A CANDIDATE OR  PARTICIPATE  IN  ANY  CAPACITY  IN  A
   46  CAMPAIGN  BY  A  CANDIDATE  FOR  NOMINATION  FOR ELECTION. AN OFFICER OR
   47  EMPLOYEE OF THE STATE OR ANY STATE AGENCY SHALL NOT BE ELIGIBLE TO BE  A
   48  MEMBER OF THE FAIR ELECTIONS BOARD.
   49    4.  THE  MEMBERS  OF  THE  FAIR  ELECTIONS  BOARD SHALL BE ENTITLED TO
   50  RECEIVE PAYMENT FOR  ACTUAL  AND  NECESSARY  EXPENSES  INCURRED  IN  THE
   51  PERFORMANCE OF THEIR DUTIES AS MEMBERS OF SUCH BOARD.
   52    5.  A  MEMBER  OF THE FAIR ELECTIONS BOARD MAY BE REMOVED FOR CAUSE BY
   53  THE APPOINTING AUTHORITY UPON NOTICE AND AN OPPORTUNITY FOR A HEARING.
   54    6.  THE FAIR ELECTIONS BOARD SHALL APPOINT A COUNSEL, A  DEPUTY  COUN-
   55  SEL, WHO SHALL BE A MEMBER OF A DIFFERENT MAJOR POLITICAL PARTY THAN THE
   56  COUNSEL,  A  SPECIAL  COUNSEL,  A DEPUTY SPECIAL COUNSEL, WHO SHALL BE A
       A. 4980--E                         16

    1  MEMBER OF A DIFFERENT MAJOR POLITICAL PARTY THAN THE SPECIAL COUNSEL,  A
    2  DIRECTOR OF PUBLIC INFORMATION, A DEPUTY DIRECTOR OF PUBLIC INFORMATION,
    3  WHO  SHALL  BE  A  MEMBER  OF A DIFFERENT MAJOR POLITICAL PARTY THAN THE
    4  DIRECTOR  OF  PUBLIC INFORMATION.   THE FAIR ELECTIONS BOARD MAY UTILIZE
    5  EXISTING STAFF OF THE STATE BOARD OF ELECTIONS AS MAY BE NECESSARY,  AND
    6  MAKE  NECESSARY  EXPENDITURES SUBJECT TO APPROPRIATION, PROVIDED HOWEVER
    7  THAT THE COUNSEL, IN CONSULTATION WITH THE FAIR ELECTIONS  BOARD,  SHALL
    8  HAVE  THE AUTHORITY TO HIRE AT LEAST FOUR NEW FAIR ELECTIONS BOARD STAFF
    9  MEMBERS. SUCH FAIR ELECTIONS BOARD STAFF MEMBERS SHALL BE  DEDICATED  TO
   10  TRAINING  AND  ASSISTING  PARTICIPATING CANDIDATES IN COMPLYING WITH THE
   11  REQUIREMENTS OF OPTIONAL PUBLIC FINANCING  AS  PROVIDED  FOR  UNDER  THE
   12  PROVISIONS OF TITLE TWO OF THIS ARTICLE.  THE FAIR ELECTIONS BOARD SHALL
   13  RETAIN  AN INDEPENDENT AUDITOR TO PERFORM ONGOING AUDITS OF EACH COVERED
   14  ELECTION BY CONTRACT  ENTERED  INTO  PURSUANT  TO  SECTION  ONE  HUNDRED
   15  SIXTY-THREE OF THE STATE FINANCE LAW.
   16    7. THE COUNSEL AND THE SPECIAL COUNSEL SHALL EACH SERVE A TERM OF FOUR
   17  YEARS  AND  MAY  ONLY BE REMOVED FOR CAUSE. ANY TIME AFTER THE EFFECTIVE
   18  DATE OF THIS SECTION, THE MEMBERS, OR IN THE CASE OF A  VACANCY  ON  THE
   19  FAIR  ELECTIONS  BOARD, THE MEMBERS, OF EACH OF THE SAME MAJOR POLITICAL
   20  PARTY AS THE INCUMBENT COUNSEL, DEPUTY COUNSEL, SHALL APPOINT SUCH COUN-
   21  SELS, AND DEPUTIES. ANY VACANCY IN THE OFFICE OF COUNSEL,  DEPUTY  COUN-
   22  SEL,  SPECIAL COUNSEL, SPECIAL DEPUTY COUNSEL, DIRECTOR OF PUBLIC INFOR-
   23  MATION AND DEPUTY DIRECTOR OF PUBLIC INFORMATION SHALL BE FILLED BY  THE
   24  MEMBERS  OF  THE FAIR ELECTIONS BOARD OR IN THE CASE OF A VACANCY ON THE
   25  BOARD, THE MEMBERS OF THE SAME MAJOR POLITICAL  PARTY  AS  THE  VACATING
   26  INCUMBENT  FOR  THE REMAINING PERIOD OF THE TERM OF SUCH VACATING INCUM-
   27  BENT.
   28    8. THE FAIR ELECTIONS BOARD SHALL:
   29    (A)(I) RENDER ADVISORY OPINIONS  WITH  RESPECT  TO  QUESTIONS  ARISING
   30  UNDER  THIS  ARTICLE UPON THE WRITTEN REQUEST OF A CANDIDATE, AN OFFICER
   31  OF A POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITI-
   32  ATIVE; (II) PROMULGATE RULES REGARDING REASONABLE TIMES  TO  RESPOND  TO
   33  SUCH REQUESTS; AND (III) MAKE PUBLIC THE QUESTIONS OF INTERPRETATION FOR
   34  WHICH  ADVISORY  OPINIONS WILL BE CONSIDERED BY THE FAIR ELECTIONS BOARD
   35  AND ITS ADVISORY OPINIONS, INCLUDING BY PUBLICATION ON ITS WEBSITE;
   36    (B) DEVELOP A PROGRAM FOR INFORMING AND TRAINING  CANDIDATES  AND  THE
   37  PUBLIC  AS  TO  THE  PURPOSE AND EFFECT OF THE PROVISIONS OF THIS TITLE,
   38  INCLUDING BY MEANS OF A WEBSITE;
   39    (C) HAVE THE AUTHORITY TO PROMULGATE SUCH RULES  AND  REGULATIONS  AND
   40  PRESCRIBE SUCH FORMS AS THE FAIR ELECTIONS BOARD DEEMS NECESSARY FOR THE
   41  ADMINISTRATION OF THIS TITLE; AND
   42    (D) IN CONJUNCTION WITH THE STATE BOARD OF ELECTIONS DEVELOP AN INTER-
   43  ACTIVE,  SEARCHABLE COMPUTER DATABASE THAT SHALL CONTAIN ALL INFORMATION
   44  NECESSARY FOR THE PROPER ADMINISTRATION OF THIS TITLE INCLUDING INFORMA-
   45  TION ON CONTRIBUTIONS  TO  AND  EXPENDITURES  BY  CANDIDATES  AND  THEIR
   46  AUTHORIZED  COMMITTEES  AND  DISTRIBUTIONS  OF  MONEYS FROM THE FUND AND
   47  SHALL BE ACCESSIBLE TO THE PUBLIC  ON  THE  STATE  BOARD  OF  ELECTIONS'
   48  WEBSITE.
   49    9.  CONSISTENT WITH THE PROVISIONS OF THE CIVIL SERVICE LAW AND SUBDI-
   50  VISION SEVENTEEN OF SECTION SEVENTY-THREE OF THE  PUBLIC  OFFICERS  LAW,
   51  AND NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, ALL
   52  POSITIONS  ON  THE STAFF OF THE FAIR ELECTIONS BOARD SHALL BE CLASSIFIED
   53  IN THE EXEMPT CLASS OF THE CIVIL SERVICE AND  SUCH  POSITIONS  SHALL  BE
   54  FILLED,  TO  THE  EXTENT  POSSIBLE, WITH AN EQUAL NUMBER OF PERSONS FROM
   55  EACH OF THE TWO POLITICAL PARTIES FOR WHICH THE  HIGHEST  AND  THE  NEXT
       A. 4980--E                         17

    1  HIGHEST NUMBER OF VOTES WERE CAST FOR THE OFFICE OF STATE COMPTROLLER AT
    2  THE LAST PRECEDING GENERAL ELECTION FOR SUCH OFFICE.
    3    10.  THE  FAIR  ELECTIONS  BOARD'S ADMINISTRATION OF THE FUND SHALL BE
    4  GOVERNED BY THE PROVISIONS OF THIS TITLE AND SECTION NINETY-TWO-Y OF THE
    5  STATE FINANCE LAW.
    6    11. THE FAIR ELECTIONS BOARD AND ITS PROCEEDINGS SHALL BE GOVERNED  BY
    7  THE  STATE  ADMINISTRATIVE PROCEDURE ACT AND SUBJECT TO ARTICLES SIX AND
    8  SEVEN OF THE PUBLIC OFFICERS LAW.
    9    12.  FOR THE PURPOSES OF MEETINGS, THREE COMMISSIONERS  SHALL  CONSTI-
   10  TUTE  A  QUORUM.  THE  AFFIRMATIVE  VOTE OF THREE COMMISSIONERS SHALL BE
   11  REQUIRED FOR ANY ACTION OF THE FAIR ELECTIONS BOARD.
   12    13. THE FAIR ELECTIONS BOARD MAY TAKE SUCH OTHER ACTIONS AS ARE NECES-
   13  SARY AND PROPER TO CARRY OUT THE PURPOSES OF THIS TITLE.
   14    S 14-318. EXAMINATIONS AND AUDITS. 1. THE  FAIR  ELECTIONS  BOARD  MAY
   15  CONDUCT  A  THOROUGH  EXAMINATION AND PRE-ELECTION AUDIT OF THE CONTRIB-
   16  UTIONS AND QUALIFIED CAMPAIGN EXPENSES OF THE PARTICIPATING COMMITTEE OF
   17  EVERY PARTICIPATING CANDIDATE WHO RECEIVED PAYMENTS PURSUANT TO  SECTION
   18  14-310  OF  THIS TITLE.  SUCH AUDITS SHALL BE CONDUCTED AS FREQUENTLY AS
   19  THE FAIR ELECTIONS BOARD DEEMS NECESSARY TO ENSURE COMPLIANCE WITH  THIS
   20  TITLE.  THE  FAIR  ELECTIONS  BOARD SHALL NOTIFY, IN WRITING, ANY CANDI-
   21  DATE'S AUTHORIZED COMMITTEE PRIOR TO THE COMMENCEMENT OF SUCH  PRE-ELEC-
   22  TION  AUDIT.  NO PRE-ELECTION AUDIT SHALL COMMENCE IN THE ABSENCE OF THE
   23  NOTICE REQUIREMENT OF THIS SUBDIVISION.   EVERY CANDIDATE  WHO  RECEIVES
   24  PUBLIC MATCHING FUNDS UNDER THIS TITLE SHALL ALSO BE AUDITED BY THE FAIR
   25  ELECTIONS  BOARD  POST-ELECTION. THE COST OF COMPLYING WITH A POST-ELEC-
   26  TION AUDIT SHALL BE BORNE BY THE  CANDIDATE'S  AUTHORIZED  COMMITTEE.  A
   27  CANDIDATE  WHO  HAS RECEIVED PUBLIC MATCHING FUNDS UNDER THIS TITLE MUST
   28  MAINTAIN A RESERVE OF AT LEAST ONE PERCENT OF THE TOTAL AMOUNT OF MATCH-
   29  ING FUNDS RECEIVED BY SUCH CANDIDATE IN HIS OR HER CAMPAIGN  ACCOUNT  TO
   30  COMPLY  WITH  THE  POST-ELECTION  AUDIT.  A CANDIDATE WHO RUNS IN BOTH A
   31  PRIMARY AND A GENERAL ELECTION, MUST MAINTAIN A RESERVE OF  ONE  PERCENT
   32  OF  THE TOTAL AMOUNT OF PUBLIC MATCHING FUNDS RECEIVED BY SUCH CANDIDATE
   33  FOR BOTH HIS OR HER PRIMARY AND GENERAL ELECTION. A  CANDIDATE  MAY  USE
   34  PUBLIC  MATCHING  FUNDS,  PRIVATE  FUNDS  OR A COMBINATION OF PUBLIC AND
   35  PRIVATE FUNDS TO COMPLY WITH A POST-ELECTION AUDIT. THE  FAIR  ELECTIONS
   36  BOARD SHALL ISSUE TO EACH CAMPAIGN AUDITED THE FINAL POST-ELECTION AUDIT
   37  REPORT  THAT  DETAILS  ITS  FINDINGS AND SHALL PROVIDE SUCH AUDIT TO THE
   38  GOVERNOR AND LEGISLATIVE LEADERS AND MAKE SUCH AUDIT REPORT AVAILABLE ON
   39  THE STATE BOARD  OF  ELECTIONS'  WEBSITE.    FINAL  POST-ELECTION  AUDIT
   40  REPORTS SHALL BE COMPLETED NO LATER THAN TWELVE MONTHS AFTER THE DATE OF
   41  THE ELECTION OR ELECTIONS FOR WHICH THE CANDIDATE RECEIVED PUBLIC FUNDS.
   42  THIS  AUDIT  DEADLINE SHALL NOT APPLY IN CASES INVOLVING POTENTIAL CAMP-
   43  AIGN-RELATED FRAUD, KNOWING AND WILLFUL VIOLATIONS OF  THIS  ARTICLE  OR
   44  CRIMINAL ACTIVITY.
   45    2.  (A) IF THE FAIR ELECTIONS BOARD DETERMINES THAT ANY PORTION OF THE
   46  PAYMENT MADE TO A PARTICIPATING COMMITTEE FROM THE FUND WAS IN EXCESS OF
   47  THE AGGREGATE AMOUNT OF PAYMENTS TO WHICH SUCH  ELIGIBLE  CANDIDATE  WAS
   48  ENTITLED  PURSUANT TO SECTION 14-310 OF THIS TITLE, IT SHALL NOTIFY SUCH
   49  COMMITTEE OF THE EXCESS AMOUNT AND SUCH COMMITTEE SHALL PAY TO THE  FAIR
   50  ELECTIONS  BOARD  AN  AMOUNT  EQUAL  TO  THE  AMOUNT OF EXCESS PAYMENTS;
   51  PROVIDED, HOWEVER, THAT IF THE ERRONEOUS PAYMENT WAS  DUE  TO  AN  ERROR
   52  MADE  BY  THE  FAIR  ELECTIONS BOARD, THEN THE ERRONEOUS PAYMENT WILL BE
   53  OFFSET AGAINST ANY FUTURE PAYMENT, IF ANY. THE  PARTICIPATING  CANDIDATE
   54  AND  HIS  OR  HER PARTICIPATING COMMITTEE SHALL BE JOINTLY AND SEVERALLY
   55  LIABLE FOR ANY REPAYMENTS DUE TO THE FAIR ELECTIONS BOARD FOR DEPOSIT BY
   56  SUCH BOARD INTO THE NEW YORK STATE CAMPAIGN FUND.
       A. 4980--E                         18

    1    (B) IF THE BOARD DETERMINES THAT ANY  AMOUNT  OF  PAYMENT  MADE  TO  A
    2  PARTICIPATING  COMMITTEE  FROM THE FUND WAS USED FOR PURPOSES OTHER THAN
    3  TO DEFRAY QUALIFIED CAMPAIGN EXPENSES, IT SHALL NOTIFY SUCH  PARTICIPAT-
    4  ING  COMMITTEE OF THE AMOUNT DISQUALIFIED AND SUCH PARTICIPATING COMMIT-
    5  TEE  SHALL  PAY  TO  THE  FAIR  ELECTIONS  BOARD AN AMOUNT EQUAL TO SUCH
    6  DISQUALIFIED AMOUNT.  SUCH MONIES SHALL BE DEPOSITED INTO THE  NEW  YORK
    7  STATE  FAIR  ELECTIONS  FUND CREATED PURSUANT TO SECTION NINETY-TWO-Y OF
    8  THE STATE FINANCE LAW.   THE CANDIDATE AND  THE  CANDIDATE'S  AUTHORIZED
    9  COMMITTEE  SHALL  BE JOINTLY AND SEVERALLY LIABLE FOR ANY REPAYMENTS DUE
   10  TO THE FAIR ELECTIONS BOARD.
   11    (C) IF THE TOTAL OF CONTRIBUTIONS AND PAYMENTS FROM THE FUND  RECEIVED
   12  BY  ANY  PARTICIPATING  CANDIDATE  AND  SUCH  CANDIDATE'S  PARTICIPATING
   13  COMMITTEE, EXCEEDS THE PUBLIC FUNDING RECEIPT LIMITATION OF SUCH  CANDI-
   14  DATE  AND  COMMITTEE, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS
   15  FUNDS TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH COMMITTEE FROM
   16  THE FUND NOT LATER THAN TEN DAYS AFTER ALL PERMISSIBLE LIABILITIES  HAVE
   17  BEEN PAID AND IN ANY EVENT, NOT LATER THAN TWENTY DAYS AFTER THE DATE ON
   18  WHICH  THE  FAIR  ELECTIONS  BOARD ISSUES ITS FINAL AUDIT REPORT FOR THE
   19  PARTICIPATING CANDIDATE'S COMMITTEE; PROVIDED, HOWEVER, THAT ALL UNSPENT
   20  MATCHING FUNDS FOR A PARTICIPATING CANDIDATE SHALL  BE  IMMEDIATELY  DUE
   21  AND  PAYABLE  TO  THE FAIR ELECTIONS BOARD FOR DEPOSIT INTO THE NEW YORK
   22  STATE FAIR ELECTIONS FUND UPON ITS DETERMINATION  THAT  THE  PARTICIPANT
   23  WILLFULLY  DELAYED  THE  POST-ELECTION  AUDIT  PROCESS.  A PARTICIPATING
   24  CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES ONLY  FOR  ROUTINE  ACTIV-
   25  ITIES  INVOLVING  NOMINAL  COSTS  ASSOCIATED  WITH ENDING A CAMPAIGN AND
   26  RESPONDING TO THE POST-ELECTION AUDIT. NOTHING IN THIS SECTION SHALL  BE
   27  CONSTRUED  TO PROHIBIT THE POST-ELECTION EXPENDITURE OF PUBLIC FUNDS FOR
   28  DEBTS INCURRED DURING THE CAMPAIGN FOR WHICH PUBLIC FUNDS WERE  ELIGIBLE
   29  TO BE USED.
   30    3. IF A COURT OF COMPETENT JURISDICTION DISQUALIFIES A CANDIDATE WHOSE
   31  PARTICIPATING  COMMITTEE  HAS  RECEIVED PUBLIC FUNDS ON THE GROUNDS THAT
   32  SUCH CANDIDATE COMMITTED FRAUDULENT ACTS IN ORDER TO OBTAIN A  PLACE  ON
   33  THE  BALLOT  AND  SUCH  DECISION IS NOT REVERSED BY A HIGHER COURT, SUCH
   34  CANDIDATE AND SUCH CANDIDATE'S PARTICIPATING COMMITTEE SHALL PAY TO  THE
   35  FAIR  ELECTIONS  BOARD  AN  AMOUNT  EQUAL  TO  THE TOTAL OF PUBLIC FUNDS
   36  RECEIVED BY SUCH PARTICIPATING COMMITTEE.
   37    4. THE BOARD MUST PROVIDE WRITTEN NOTICE OF ALL PAYMENTS  DUE  FROM  A
   38  PARTICIPATING  CANDIDATE  OR SUCH CANDIDATE'S COMMITTEE TO THE BOARD AND
   39  PROVIDE AN OPPORTUNITY FOR THE CANDIDATE OR COMMITTEE TO REBUT, IN WHOLE
   40  OR IN PART, THE ALLEGED AMOUNT DUE. UPON A FINAL  WRITTEN  DETERMINATION
   41  BY  THE  BOARD,  THE AMOUNT DUE SHALL BE PAID TO THE BOARD WITHIN THIRTY
   42  DAYS OF SUCH DETERMINATION.
   43    5. ALL PAYMENTS RECEIVED BY THE BOARD PURSUANT TO THIS  SECTION  SHALL
   44  BE  DEPOSITED  IN  THE NEW YORK STATE FAIR ELECTIONS FUND ESTABLISHED BY
   45  SECTION NINETY-TWO-Y OF THE STATE FINANCE LAW.
   46    6. ANY ADVICE PROVIDED BY THE STAFF OR MEMBERS OF THE  FAIR  ELECTIONS
   47  BOARD  TO  A  PARTICIPATING OR NON-PARTICIPATING CANDIDATE IN CONNECTION
   48  WITH ANY ACTION UNDER THIS ARTICLE, WHEN  RELIED  UPON  IN  GOOD  FAITH,
   49  SHALL  BE PRESUMPTIVE EVIDENCE THAT SUCH CANDIDATE OR HIS OR HER COMMIT-
   50  TEE DID NOT KNOWINGLY AND WILLFULLY VIOLATE THE PROVISIONS OF THIS ARTI-
   51  CLE.
   52    S 14-320. CIVIL ENFORCEMENT. 1. ANY PERSON OR AUTHORIZED COMMITTEE WHO
   53  KNOWINGLY AND WILFULLY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS
   54  OF THIS TITLE SHALL BE SUBJECT TO A CIVIL  PENALTY  NOT  TO  EXCEED  THE
   55  AMOUNT OF FIVE THOUSAND DOLLARS.
       A. 4980--E                         19

    1    2.  ANY PERSON OR AUTHORIZED COMMITTEE WHO KNOWINGLY AND INTENTIONALLY
    2  VIOLATES ANY OTHER PROVISION OF THIS TITLE OR ANY RULE PROMULGATED HERE-
    3  UNDER SHALL BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED  THE  AMOUNT  OF
    4  TEN THOUSAND DOLLARS.
    5    3.  FINES  AUTHORIZED  UNDER  THIS SECTION WILL BE IMPOSED BY THE FAIR
    6  ELECTIONS BOARD AFTER A HEARING AT WHICH THE SUBJECT PERSON  OR  AUTHOR-
    7  IZED  COMMITTEE  SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD. SUCH HEARING
    8  SHALL BE HELD IN SUCH MANNER AND UPON SUCH NOTICE AS MAY  BE  PRESCRIBED
    9  BY  THE  RULES  OF  THE FAIR ELECTIONS BOARD. FOR PURPOSES OF CONDUCTING
   10  SUCH HEARINGS, THE FAIR ELECTIONS BOARD SHALL BE DEEMED TO BE AN  AGENCY
   11  WITHIN  THE  MEANING OF ARTICLE THREE OF THE STATE ADMINISTRATIVE PROCE-
   12  DURE ACT AND SHALL ADOPT RULES GOVERNING  THE  CONDUCT  OF  ADJUDICATORY
   13  PROCEEDINGS  AND  APPEALS TAKEN PURSUANT TO A PROCEEDING COMMENCED UNDER
   14  ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND  RULES  RELATING  TO
   15  THE ASSESSMENT OF THE CIVIL PENALTIES HEREIN AUTHORIZED.
   16    4.  THE  FAIR  ELECTIONS  BOARD  SHALL  PUBLISH  ON THE STATE BOARD OF
   17  ELECTIONS' WEBSITE THE  FINAL  ORDER  ADJUDICATING  ANY  MATTER  BROUGHT
   18  PURSUANT TO THIS SECTION.
   19    5.  ALL PAYMENTS RECEIVED BY THE FAIR ELECTIONS BOARD PURSUANT TO THIS
   20  SECTION SHALL BE DEPOSITED IN THE NEW YORK  STATE  FAIR  ELECTIONS  FUND
   21  ESTABLISHED BY SECTION NINETY-TWO-Y OF THE STATE FINANCE LAW.
   22    S 14-322. CRIMINAL PENALTIES. 1. ANY PERSON WHO KNOWINGLY AND WILLFUL-
   23  LY FAILS TO MAKE A FILING REQUIRED BY THE PROVISIONS OF THIS TITLE WITH-
   24  IN  TEN  DAYS AFTER THE DATE PROVIDED FOR SUCH, OR ANYONE THAT KNOWINGLY
   25  AND WILLFULLY VIOLATES ANY OTHER PROVISION OF THIS TITLE SHALL BE GUILTY
   26  OF A MISDEMEANOR AND, IN ADDITION TO SUCH  OTHER  PENALTIES  AS  MAY  BE
   27  PROVIDED  BY LAW, SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT OF
   28  TEN THOUSAND DOLLARS.
   29    2. ANY PERSON WHO KNOWINGLY AND WILLFULLY CONTRIBUTES, ACCEPTS OR AIDS
   30  OR PARTICIPATES IN THE CONTRIBUTION OR ACCEPTANCE OF A  CONTRIBUTION  IN
   31  AN  AMOUNT  EXCEEDING  AN  APPLICABLE  MAXIMUM SPECIFIED IN THIS ARTICLE
   32  SHALL BE GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A FINE  NOT  TO
   33  EXCEED THE AMOUNT OF TEN THOUSAND DOLLARS.
   34    3.  ANY  PERSON WHO KNOWINGLY AND WILLFULLY MAKES A FALSE STATEMENT OR
   35  KNOWINGLY OMITS A MATERIAL FACT TO THE FAIR ELECTIONS BOARD OR AN  AUDI-
   36  TOR  DESIGNATED  BY  THE FAIR ELECTIONS BOARD DURING ANY AUDIT CONDUCTED
   37  PURSUANT TO SECTION 14-318 OF THIS TITLE SHALL BE GUILTY OF  A  CLASS  E
   38  FELONY.
   39    4.  IN  ADDITION TO ANY OTHER SENTENCE LAWFULLY IMPOSED UPON A FINDING
   40  OF GUILT IN A CRIMINAL PROSECUTION COMMENCED PURSUANT TO THE  PROVISIONS
   41  OF  THIS  SECTION,  THE COURT MAY ORDER A DEFENDANT TO REPAY TO THE FAIR
   42  ELECTIONS BOARD ANY PUBLIC MATCHING FUNDS OBTAINED AS A  RESULT  OF  ANY
   43  CRIMINAL CONDUCT.
   44    5.  ALL  SUCH PROSECUTIONS FOR CRIMINAL ACTS UNDER THIS TITLE SHALL BE
   45  PROSECUTED BY THE ATTORNEY GENERAL OF THE STATE OF NEW YORK.
   46    6. ANY AND ALL FINES IMPOSED PURSUANT TO THIS SECTION  SHALL  BE  MADE
   47  PAYABLE  TO THE FAIR ELECTIONS BOARD FOR DEPOSIT INTO THE NEW YORK STATE
   48  FAIR ELECTIONS FUND.
   49    S 14-324. REPORTS. THE FAIR ELECTIONS BOARD SHALL SUBMIT A  REPORT  TO
   50  THE  GOVERNOR  AND  LEGISLATIVE LEADERS ON OR BEFORE FEBRUARY FIRST, TWO
   51  THOUSAND SIXTEEN, AND EVERY FOUR YEARS THEREAFTER, WHICH SHALL INCLUDE:
   52    1. A LIST OF THE  PARTICIPATING  AND  NONPARTICIPATING  CANDIDATES  IN
   53  COVERED  ELECTIONS  AND  THE  VOTES  RECEIVED BY EACH CANDIDATE IN THOSE
   54  ELECTIONS;
   55    2. THE AMOUNT OF CONTRIBUTIONS AND LOANS  RECEIVED,  AND  EXPENDITURES
   56  MADE, ON BEHALF OF PARTICIPATING AND NONPARTICIPATING CANDIDATES;
       A. 4980--E                         20

    1    3.  THE  AMOUNT  OF PUBLIC MATCHING FUNDS EACH PARTICIPATING CANDIDATE
    2  RECEIVED, SPENT, AND REPAID PURSUANT TO THIS ARTICLE;
    3    4.  ANALYSIS OF THE EFFECT OF THIS TITLE ON THE ELECTION CAMPAIGNS FOR
    4  ALL OFFICES COVERED UNDER SECTION 14-306 OF THIS  TITLE,  INCLUDING  ITS
    5  EFFECT  ON  THE  SOURCES  AND AMOUNTS OF PRIVATE FINANCING, THE LEVEL OF
    6  CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE  NUMBER  OF  CANDIDATES,
    7  THE CANDIDATES' ABILITIES TO CAMPAIGN EFFECTIVELY FOR PUBLIC OFFICE, AND
    8  THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
    9    5.  RECOMMENDATIONS FOR CHANGES OR AMENDMENTS TO THIS TITLE, INCLUDING
   10  CHARGES IN CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY AND LIMITS ON
   11  TOTAL MATCHING FUNDS AS WELL AS INSTITUTING A  PROGRAM  OF  FULL  PUBLIC
   12  CAMPAIGN FINANCING FOR ELECTION FOR ALL STATEWIDE OFFICES; AND
   13    6. ANY OTHER INFORMATION THAT THE FAIR ELECTIONS BOARD DEEMS RELEVANT.
   14    S  14-326.  DEBATES.  THE  FAIR ELECTIONS BOARD SHALL PROMULGATE REGU-
   15  LATIONS TO FACILITATE DEBATES AMONG PARTICIPATING CANDIDATES.    PARTIC-
   16  IPATING  CANDIDATES  ARE  REQUIRED TO PARTICIPATE IN AT LEAST ONE DEBATE
   17  BEFORE THE PRIMARY ELECTION AND IN AT LEAST ONE DEBATE BEFORE THE GENER-
   18  AL ELECTION FOR WHICH THE CANDIDATE RECEIVES PUBLIC  FUNDS,  UNLESS  THE
   19  PARTICIPATING  CANDIDATE IS RUNNING UNOPPOSED. A NONPARTICIPATING CANDI-
   20  DATE MAY BE A PARTY TO SUCH DEBATES.
   21    S 14-328. DISTRIBUTIONS FROM FAIR  ELECTIONS  FUND.  1.  THIS  SECTION
   22  GOVERNS  THE FAIR ELECTIONS BOARD'S DISTRIBUTION  OF FUNDS FROM THE FAIR
   23  ELECTIONS FUND CREATED BY SECTION NINETY-TWO-Y OF THE STATE FINANCE LAW,
   24  EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE.
   25    2. NO MONEYS SHALL BE PAID TO PARTICIPATING CANDIDATES  IN  A  PRIMARY
   26  ELECTION ANY EARLIER THAN TWO WEEKS AFTER THE LAST DAY TO FILE DESIGNAT-
   27  ING PETITIONS FOR SUCH PRIMARY ELECTION.
   28    3.  NO  MONEYS  SHALL BE PAID TO PARTICIPATING CANDIDATES IN A GENERAL
   29  ELECTION ANY EARLIER THAN A WEEK AFTER  THE  PRIMARY  ELECTION  HELD  TO
   30  NOMINATE CANDIDATES FOR SUCH ELECTION.
   31    4. NO MONEYS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO HAS BEEN
   32  DISQUALIFIED  BY THE FAIR ELECTIONS BOARD OR WHOSE DESIGNATING PETITIONS
   33  HAVE BEEN DECLARED INVALID BY THE STATE BOARD OF ELECTIONS OR A COURT OF
   34  COMPETENT JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED  BY  AN
   35  APPELLATE COURT.
   36    5.  NO  PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDIDATE OR
   37  SUCH A CANDIDATE'S AUTHORIZED COMMITTEE ON THE DATE  OF  SUCH  DISQUALI-
   38  FICATION  OR  INVALIDATION  MAY  THEREAFTER  BE EXPENDED FOR ANY PURPOSE
   39  EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE THAT DATE. ALL  EXCESS
   40  PUBLIC  MONEYS PAID TO A DISQUALIFIED CANDIDATE SHALL BE RETURNED TO THE
   41  FUND NOT LESS THAN THIRTY DAYS AFTER  THE  GENERAL  ELECTION  FOR  THOSE
   42  PARTICIPATING  CANDIDATES  WHO  RECEIVED  PUBLIC  MONEYS FOR THE GENERAL
   43  ELECTION, AND OTHERWISE, NOT LESS THAN THIRTY  DAYS  AFTER  THE  PRIMARY
   44  ELECTION  FOR  THOSE PARTICIPATING CANDIDATES WHO RECEIVED PUBLIC MONEYS
   45  SOLELY FOR THE PRIMARY ELECTION.
   46    6. (A) PARTICIPATING CANDIDATES SHALL PAY TO THE FAIR ELECTIONS  BOARD
   47  UNSPENT  PUBLIC  CAMPAIGN  FUNDS  FROM AN ELECTION NOT LATER THAN THIRTY
   48  DAYS AFTER ALL LIABILITIES FOR THE ELECTION HAVE BEEN PAID AND,  IN  ANY
   49  EVENT,  NOT  LESS  THAN  TWENTY  DAYS AFTER THE DATE UPON WHICH THE FAIR
   50  ELECTIONS BOARD ISSUES ITS FINAL  AUDIT  REPORT  FOR  THE  PARTICIPATING
   51  CANDIDATE'S  COMMITTEE;  PROVIDED,  HOWEVER,  THAT  ALL  UNSPENT  PUBLIC
   52  CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE SHALL  BE  IMMEDIATELY  DUE
   53  AND  PAYABLE TO THE FAIR ELECTIONS BOARD UPON ITS DETERMINATION THAT THE
   54  PARTICIPATING CANDIDATE HAS, WITHOUT JUST CAUSE, DELAYED THE  POST-ELEC-
   55  TION  AUDIT  PROCESS.  UNSPENT CAMPAIGN FUNDS DETERMINATIONS MADE BY THE
   56  FAIR ELECTIONS BOARD SHALL  BE  BASED  ON  THE  PARTICIPATING  CANDIDATE
       A. 4980--E                         21

    1  COMMITTEE'S RECEIPTS AND EXPENDITURES. THE FAIR ELECTIONS BOARD MAY ALSO
    2  CONSIDER  ANY  OTHER  RELEVANT INFORMATION REVEALED IN THE COURSE OF ITS
    3  AUDITS OR INVESTIGATIONS OR THE INVESTIGATIONS BY ANY OTHER AGENCY.
    4    (B)(I)  A PARTICIPATING CANDIDATE MAY NOT USE RECEIPTS FOR ANY PURPOSE
    5  OTHER THAN DISBURSEMENTS IN THE PRECEDING  ELECTION  UNTIL  ALL  UNSPENT
    6  PUBLIC  CAMPAIGN FUNDS HAVE BEEN REPAID. A PARTICIPATING CANDIDATE SHALL
    7  HAVE THE BURDEN OF DEMONSTRATING THAT A POST-ELECTION EXPENDITURE IS FOR
    8  THE PRECEDING ELECTION.
    9    (II) BEFORE REPAYING UNSPENT PUBLIC CAMPAIGN  FUNDS,  A  PARTICIPATING
   10  CANDIDATE  MAY  MAKE  POST-ELECTION EXPENDITURES ONLY FOR ROUTINE ACTIV-
   11  ITIES INVOLVING NOMINAL COSTS ASSOCIATED WITH WINDING UP A CAMPAIGN  AND
   12  RESPONDING  TO  THE  POST-ELECTION AUDIT. SUCH EXPENDITURES MAY INCLUDE:
   13  PAYMENT OF  UTILITY  BILLS  AND  RENT;  REASONABLE  STAFF  SALARIES  AND
   14  CONSULTANT  FEES  FOR  RESPONDING  TO  A POST-ELECTION AUDIT; REASONABLE
   15  MOVING EXPENSES RELATED TO CLOSING A CAMPAIGN  OFFICE;  A  HOLIDAY  CARD
   16  MAILING  TO  CONTRIBUTORS, CAMPAIGN VOLUNTEERS, AND STAFF MEMBERS; THANK
   17  YOU NOTES FOR CONTRIBUTORS,  CAMPAIGN  VOLUNTEERS,  AND  STAFF  MEMBERS;
   18  PAYMENT  OF  TAXES  AND  OTHER  REASONABLE  EXPENSES FOR COMPLIANCE WITH
   19  APPLICABLE  TAX  LAWS;  AND  INTEREST  EXPENSES.  ROUTINE  POST-ELECTION
   20  EXPENDITURES  THAT  MAY  BE  PAID FOR WITH UNSPENT CAMPAIGN FUNDS DO NOT
   21  INCLUDE SUCH ITEMS AS POST-ELECTION MAILINGS OTHER THAN AS  SPECIFICALLY
   22  PROVIDED  FOR  IN  THIS SUBPARAGRAPH; MAKING CONTRIBUTIONS; MAKING BONUS
   23  PAYMENTS OR GIFTS TO STAFF MEMBERS OR VOLUNTEERS; OR HOLDING ANY POST-E-
   24  LECTION DAY EVENT, INCLUDING, BUT NOT LIMITED TO, ANY MEAL OR ANY PARTY.
   25  UNSPENT CAMPAIGN FUNDS MAY NOT BE USED FOR  TRANSITION  OR  INAUGURATION
   26  ACTIVITIES.
   27    7.  ALL  MONIES  RECEIVED BY THE FAIR ELECTIONS BOARD PURSUANT TO THIS
   28  SECTION SHALL BE DEPOSITED INTO THE NEW YORK STATE FAIR  ELECTIONS  FUND
   29  PURSUANT TO SECTION NINETY-TWO-Y OF THE STATE FINANCE LAW.
   30    8. ANY CANDIDATE WHO ACCEPTS A CONTRIBUTION OR CONTRIBUTIONS IN EXCESS
   31  OF THE LIMITS SET FORTH IN SECTION 14-312 OF THIS TITLE, PRIOR TO ELECT-
   32  ING TO PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEM, AS SET FORTH
   33  BY  PARAGRAPH  (C)  OF  SUBDIVISION ONE OF SECTION 14-306 OF THIS TITLE,
   34  SHALL HAVE HIS OR HER TOTAL PUBLIC MATCHING FUND GRANT REDUCED  BY  SUCH
   35  EXCESS  AMOUNT.  SUCH  AMOUNT SHALL BE DEDUCTED BEGINNING FROM THE FIRST
   36  ALLOWABLE DISBURSEMENT  FROM  THE  FUND  UNTIL  SUCH  EXCESS  AMOUNT  IS
   37  REACHED,  AT  WHICH POINT THE PUBLIC FUND DISBURSEMENT SHALL BE PROVIDED
   38  TO THE CANDIDATE CONSISTENT WITH THE PROVISIONS OF THIS SECTION.
   39    S 16. The election law is amended by adding a new  section  16-103  to
   40  read as follows:
   41    S  16-103. PROCEEDINGS AS TO PUBLIC FINANCING. 1. THE DETERMINATION OF
   42  ELIGIBILITY PURSUANT TO SECTION 14-306 OF THIS CHAPTER AND ANY  QUESTION
   43  OR ISSUE RELATING TO PAYMENTS FOR QUALIFIED CAMPAIGN EXPENDITURES PURSU-
   44  ANT  TO  SECTION 14-310 OF THIS CHAPTER MAY BE CONTESTED IN A PROCEEDING
   45  INSTITUTED IN THE SUPREME COURT, ALBANY COUNTY, BY ANY AGGRIEVED  CANDI-
   46  DATE.
   47    2. A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY OR
   48  PAYMENT  FOR  QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO SECTION 14-310
   49  OF THIS CHAPTER SHALL BE INSTITUTED WITHIN SEVEN DAYS AFTER SUCH  DETER-
   50  MINATION WAS MADE. THE FAIR ELECTIONS BOARD SHALL BE MADE A PARTY TO ANY
   51  SUCH PROCEEDING.
   52    3.  UPON  THE FAIR ELECTIONS BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE
   53  FROM A PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE  AFTER  THE
   54  ISSUANCE  OF  WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED BY SUBDIVI-
   55  SION FOUR OF SECTION 14-318 OF THIS CHAPTER, SUCH BOARD IS AUTHORIZED TO
   56  INSTITUTE A SPECIAL PROCEEDING OR CIVIL ACTION IN SUPREME COURT,  ALBANY
       A. 4980--E                         22

    1  COUNTY, TO OBTAIN A JUDGMENT FOR ANY AMOUNTS DETERMINED TO BE PAYABLE TO
    2  THE  FAIR  ELECTIONS  BOARD AS A RESULT OF AN EXAMINATION AND AUDIT MADE
    3  PURSUANT TO TITLE TWO OF ARTICLE FOURTEEN OF THIS CHAPTER.
    4    4.  THE  FAIR  ELECTIONS  BOARD  IS  AUTHORIZED TO INSTITUTE A SPECIAL
    5  PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN  A
    6  JUDGMENT  FOR  CIVIL  PENALTIES  DETERMINED  TO  BE  PAYABLE TO THE FAIR
    7  ELECTIONS BOARD PURSUANT TO SECTION 14-318 OF THIS CHAPTER.
    8    S 17. The election law is amended by adding a  new  section  4-115  to
    9  read as follows:
   10    S  4-115. NOTICE TO THE STATE BOARD OF ELECTIONS OF CANDIDATES FOR THE
   11  LEGISLATURE. 1. EACH BOARD OF ELECTIONS WITH WHICH PETITIONS  ARE  FILED
   12  FOR MEMBER OF THE STATE LEGISLATURE SHALL, NOT LATER THAN ONE WEEK AFTER
   13  THE  LAST  DAY TO FILE SUCH PETITIONS, SEND NOTICE TO THE STATE BOARD OF
   14  ELECTIONS OF SUCH INFORMATION ABOUT EACH  SUCH  PETITION  AS  THE  STATE
   15  BOARD SHALL REQUIRE.
   16    2.  EACH  SUCH COUNTY BOARD OF ELECTIONS SHALL, NOT LATER THAN THE DAY
   17  AFTER THE LAST DAY TO FILE A PETITION OR CERTIFICATE OF NOMINATION FOR A
   18  GENERAL OR SPECIAL ELECTION OR A CERTIFICATE OF ACCEPTANCE,  DECLINATION
   19  OR  SUBSTITUTION FOR A GENERAL, PRIMARY OR SPECIAL ELECTION FOR ANY SUCH
   20  OFFICE, SEND TO THE STATE BOARD OF ELECTIONS SUCH INFORMATION ABOUT EACH
   21  SUCH PETITION OR CERTIFICATE AS THE STATE BOARD SHALL REQUIRE.
   22    3. IF ANY SUCH COUNTY BOARD OF ELECTIONS SHOULD  DISQUALIFY  ANY  SUCH
   23  CANDIDATE  OR RULE THE PETITION OR CERTIFICATE DESIGNATING OR NOMINATING
   24  ANY SUCH CANDIDATE INVALID, IT SHALL FORTHWITH NOTIFY THE STATE BOARD OF
   25  ELECTIONS OF SUCH DECISION.
   26    4. IF ANY SUCH COUNTY BOARD OF ELECTIONS SHALL BE NOTIFIED OF A  DECI-
   27  SION  OF A COURT OF COMPETENT JURISDICTION DISQUALIFYING ANY SUCH CANDI-
   28  DATE OR DECLARING ANY SUCH PETITION INVALID OR REVERSING ANY SUCH  DECI-
   29  SION  BY  SUCH  BOARD  OF  ELECTIONS  OR  ANOTHER  COURT,  SUCH BOARD OF
   30  ELECTIONS SHALL FORTHWITH NOTIFY THE STATE BOARD OF  ELECTIONS  OF  SUCH
   31  DECISION.
   32    5.  THE  STATE  BOARD OF ELECTIONS MAY PRESCRIBE FORMS FOR THE NOTICES
   33  REQUIRED BY THIS SECTION AND SHALL PRESCRIBE THE MANNER  IN  WHICH  SUCH
   34  NOTICES SHALL BE GIVEN.
   35    S  18.  The  general  business  law is amended by adding a new section
   36  359-gg to read as follows:
   37    S 359-GG. ADDITIONAL SURCHARGE. IN ADDITION TO ANY PENALTY  AUTHORIZED
   38  BY  SECTION THREE HUNDRED FIFTY-NINE-G OF THIS ARTICLE OR ANY DAMAGES OR
   39  OTHER COMPENSATION  RECOVERABLE  INCLUDING,  BUT  NOT  LIMITED  TO,  ANY
   40  SETTLEMENT  AUTHORIZED  BY  SECTION  SIXTY-THREE OR SIXTY-THREE-C OF THE
   41  EXECUTIVE LAW, THERE SHALL BE ASSESSED THEREON AN  ADDITIONAL  SURCHARGE
   42  IN  THE  AMOUNT  OF  TEN  PERCENT  OF  THE TOTAL AMOUNT OF SUCH PENALTY,
   43  DAMAGES OR SETTLEMENT. SUCH SURCHARGE SHALL BE DEPOSITED IN THE NEW YORK
   44  STATE FAIR ELECTIONS FUND ESTABLISHED BY  SECTION  NINETY-TWO-Y  OF  THE
   45  STATE FINANCE LAW.
   46    S 19. The state finance law is amended by adding a new section 92-y to
   47  read as follows:
   48    S  92-Y. NEW YORK STATE FAIR ELECTIONS FUND. 1. THERE IS HEREBY ESTAB-
   49  LISHED IN THE CUSTODY OF THE COMMISSIONER  OF  TAXATION  AND  FINANCE  A
   50  SPECIAL FUND TO BE KNOWN AS THE NEW YORK STATE FAIR ELECTIONS FUND.
   51    2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE SURCHARGE
   52  IMPOSED  PURSUANT  TO SECTION THREE HUNDRED FIFTY-NINE-GG OF THE GENERAL
   53  BUSINESS LAW, REVENUES  RECEIVED  FROM  FAIR  ELECTIONS  FUND  CHECK-OFF
   54  PURSUANT  TO  SECTION  SIX HUNDRED THIRTY-D OF THE TAX LAW AND ALL OTHER
   55  MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY  OTHER  FUND  OR  SOURCE
   56  PURSUANT  TO  LAW.  NOTHING  CONTAINED IN THIS SECTION SHALL PREVENT THE
       A. 4980--E                         23

    1  STATE FROM RECEIVING GRANTS, GIFTS, BEQUESTS OR VOLUNTARY  CONTRIBUTIONS
    2  FOR  THE  PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING
    3  THEM INTO THE FUND ACCORDING TO LAW. MONIES IN THE FUND  SHALL  BE  KEPT
    4  SEPARATE FROM AND NOT COMMINGLED WITH OTHER FUNDS HELD IN THE CUSTODY OF
    5  THE COMMISSIONER OF TAXATION AND FINANCE.
    6    3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
    7  BE  EXPENDED  FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT
    8  TO TITLE THREE OF ARTICLE FOURTEEN OF THE ELECTION LAW. MONEYS SHALL  BE
    9  PAID  OUT  OF  THE  FUND  BY THE COMMISSIONER OF TAXATION AND FINANCE ON
   10  VOUCHERS CERTIFIED OR APPROVED BY THE FAIR ELECTIONS  BOARD  ESTABLISHED
   11  PURSUANT  TO TITLE THREE OF ARTICLE FOURTEEN OF THE ELECTION LAW, OR THE
   12  DULY DESIGNATED REPRESENTATIVE OF SUCH BOARD, IN THE  MANNER  PRESCRIBED
   13  BY  LAW,  NOT  MORE THAN ONE WORKING DAY AFTER A VOUCHER DULY CERTIFIED,
   14  APPROVED AND EXECUTED BY SUCH BOARD OR ITS REPRESENTATIVE  IN  THE  FORM
   15  PRESCRIBED  BY  THE  COMMISSIONER OF TAXATION AND FINANCE IS RECEIVED BY
   16  THE COMMISSIONER OF TAXATION AND FINANCE.
   17    4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  IF,  IN  ANY
   18  STATE  FISCAL  YEAR,  THE  STATE FAIR ELECTIONS FUND LACKS THE AMOUNT OF
   19  MONEY TO PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES  AND  CERTIFIED
   20  OR  APPROVED  BY  THE FAIR ELECTIONS BOARD, ANY SUCH DEFICIENCY SHALL BE
   21  PAID, UPON AUDIT AND WARRANT OF THE STATE COMPTROLLER, FROM FUNDS DEPOS-
   22  ITED IN THE GENERAL FUND OF THE STATE NOT  MORE  THAN  ONE  WORKING  DAY
   23  AFTER SUCH VOUCHER IS RECEIVED BY THE STATE COMPTROLLER.
   24    5.  COMMENCING  IN TWO THOUSAND SIXTEEN, IF THE SURPLUS IN THE FUND ON
   25  APRIL FIRST OF THE YEAR AFTER  AN  ELECTION  CYCLE  EXCEEDS  TWENTY-FIVE
   26  PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER THE PREVIOUS FOUR YEARS,
   27  THE EXCESS SHALL REVERT TO THE GENERAL FUND OF THE STATE.
   28    6.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
   29  PRIMARY ELECTION ANY EARLIER THAN THE DAY THAT SUCH CANDIDATE IS  CERTI-
   30  FIED AS BEING ON THE BALLOT FOR SUCH PRIMARY ELECTION.
   31    7.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
   32  GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF  THE  PRIMARY
   33  ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
   34    8.  NO  PUBLIC  FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
   35  HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN  DECLARED
   36  INVALID  BY  THE  APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
   37  JURISDICTION UNTIL AND UNLESS SUCH  FINDING  IS  REVERSED  BY  A  HIGHER
   38  AUTHORITY.  NO  PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDI-
   39  DATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON  THE  DATE  OF  SUCH
   40  DISQUALIFICATION  OR  INVALIDATION  MAY  THEREAFTER  BE EXPENDED FOR ANY
   41  PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE. ALL
   42  SUCH MONEYS SHALL BE REPAID TO THE FUND.
   43    S 20. The tax law is amended by adding a new section 630-d to read  as
   44  follows:
   45    S  630-D.  CONTRIBUTION TO NEW YORK STATE FAIR ELECTIONS FUND.  EFFEC-
   46  TIVE FOR ANY TAXABLE YEAR COMMENCING ON  OR  AFTER  JANUARY  FIRST,  TWO
   47  THOUSAND  FOURTEEN,  AN  INDIVIDUAL  IN  ANY  TAXABLE  YEAR MAY ELECT TO
   48  CONTRIBUTE TO THE NEW YORK STATE FAIR ELECTIONS FUND. SUCH  CONTRIBUTION
   49  SHALL  BE  IN THE AMOUNT OF FIVE DOLLARS AND SHALL NOT REDUCE THE AMOUNT
   50  OF STATE TAX OWED BY SUCH INDIVIDUAL.  THE  COMMISSIONER  SHALL  INCLUDE
   51  SPACE  ON  THE  PERSONAL  INCOME TAX RETURN TO ENABLE A TAXPAYER TO MAKE
   52  SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW ALL REVEN-
   53  UES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE NEW YORK
   54  STATE FAIR ELECTIONS FUND AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN
   55  SECTION NINETY-TWO-Y OF THE STATE FINANCE LAW.
       A. 4980--E                         24

    1    S 21. Severability. If any clause, sentence,  subdivision,  paragraph,
    2  section  or  part of title 3 of article 14 of the election law, as added
    3  by section fifteen of this act be adjudged by  any  court  of  competent
    4  jurisdiction  to  be  invalid, such judgment shall not affect, impair or
    5  invalidate the remainder thereof, but shall be confined in its operation
    6  to the clause, sentence, subdivision, paragraph, section or part thereof
    7  directly  involved  in the controversy in which such judgment shall have
    8  been rendered.
    9    S 22. This act  shall  take  effect  immediately;  provided,  however,
   10  candidates  for state comptroller will be eligible to participate in the
   11  public financing system beginning with  the  2014  election,  all  state
   12  legislature  candidates  will  be  eligible to participate in the public
   13  financing system beginning with the 2016 election and all  state  candi-
   14  dates  and  constitutional  convention  delegates  will  be  eligible to
   15  participate in the public  financing  system  beginning  with  the  2018
   16  election; provided, however, that the amendments to section 3-104 of the
   17  election  law  made  by  sections  four  and five of this act shall take
   18  effect on the same date and same manner as section 4  of  subpart  B  of
   19  part H of chapter 55 of the laws of 2014, takes effect.
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