A08902 Summary:

BILL NO    A08902A

SAME AS    No same as 

SPONSOR    Silver (MS)

COSPNSR    Millman, Carrozza, Wright, Weinstein, Gottfried, Espaillat,
           Peoples-Stokes

MLTSPNSR   Alessi, Benedetto, Bing, Boyland, Brennan, Brodsky, Cahill,
           Canestrari, Christensen, Clark, Colton, Cook, DelMonte, Dinowitz,
           Englebright, Fields, Galef, Gantt, Gianaris, Glick, Gordon, Gunther,
           Hooper, Hoyt, Jacobs, John, Koon, Lancman, Latimer, Lavine, Lentol,
           Lifton, Lupardo, McEneny, Morelle, Nolan, O'Donnell, Ortiz, Paulin,
           Peralta, Perry, Pheffer, Pretlow, Reilly, Rivera P, Rosenthal,
           Scarborough, Sweeney, Weisenberg

Amd Art 14, add SS16-103 & 4-115, El L; add S92-t, St Fin L; amd S658, Tax L

Enacts the "2010 campaign finance reform 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 communications.
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A08902 Actions:

BILL NO    A08902A

06/13/2009 referred to election law
06/16/2009 reported referred to codes
06/16/2009 reference changed to ways and means
06/16/2009 reported referred to rules
06/16/2009 reported 
06/16/2009 rules report cal.394
06/16/2009 ordered to third reading rules cal.394
06/16/2009 passed assembly
06/16/2009 delivered to senate
06/18/2009 REFERRED TO RULES
01/06/2010 DIED IN SENATE
01/06/2010 RETURNED TO ASSEMBLY
01/06/2010 ordered to third reading cal.631
01/20/2010 committed to election law
05/06/2010 amend and recommit to election law
05/06/2010 print number 8902a
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A08902 Votes:

A08902 06/16/2009 97/51
AbbateYCahillYEnglebrYHooperYMaiselYPowellYSkartadY
AlessiYCalhounNOErrigoNOHoytYMarkeyYPretlowYSpanoY
AlfanoYCamaraYEspaillYHyer SpYMayersoYQuinnNOStirpeNO
AmedoreNOCanestrYFarrellYJacobsYMcDonouNORabbittNOSweeneyY
ArroyoYCarrozzERFieldsYJaffeeYMcEnenyYRaiaNOTediscoNO
AubryYCastroNOFinchNOJeffrieYMcKevitNORamosNOThieleY
BacalleNOChristeNOFitzpatNOJohnYMengYReilichNOTitoneY
BallNOClarkYGabryszNOJordanNOMillerNOReillyYTitusY
BarclayNOColtonYGalefYKavanagYMillmanYRive J YTobaccoNO
BarraNOConteNOGanttYKellnerYMolinarNORive N YTownsY
BarronERCookYGianariYKolbNOMorelleYRive PMYTownsenNO
BenedetYCorwinNOGibsonYKoonYNolanYRobinsoYWalkerNO
BenjamiYCrespoYGiglioNOLancmanYOaksNORosenthYWeinsteY
BingYCrouchNOGlickYLatimerYO'DonneYRussellYWeisenbY
BoylandYCusickNOGordonYLavineYO'MaraNOSaladinNOWeprinY
BoyleNOCymbrowYGottfriYLentolYOrtizYSaywardNOWrightY
BradleyYDelMontYGuntherYLiftonYParmentNOScarborYZebrowsY
BrennanYDenDekkYHawleyNOLope PDNOPaulinYSchimelYMr SpkrY
BrodskyYDestitoNOHayesNOLope VJYPeoplesYSchimmiY
Brook KYDinowitYHeastieYLupardoYPeraltaYSchroedNO
BurlingNODupreyNOHevesiYMageeNOPerryYScozzafNO
ButlerNOEddingtNOHikindYMagnareNOPhefferYSeminerY

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A08902 Memo:

BILL NUMBER:A8902A

TITLE  OF BILL:  An act to amend the election law, in relation to enact-
ing the "2010 Campaign Finance Reform 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 election law, in relation to identification of
the source of certain political communications

SUBJECT AND PURPOSE:  To provide optional public financing of  campaigns
for  statewide  offices,  state  legislative  offices and constitutional
convention delegates

SUMMARY AND DESCRIPTION OF PROVISIONS: The bill amends Article 14 of the
election law to designate the existing law Title I and adds an identifi-
cation requirement for independent political  communications,  a  filing
requirement  for independent expenditures and a requirement that certain
candidates disclose their intent to spend personal funds in a campaign.

It also adds a new Title II to Article 14 to provide for public  financ-
ing  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.

TITLE I PROVISIONS

Identification  of  Independent  Political  Communications:   The   bill
requires  all  independent political communications that expressly advo-
cate for the election or defeat of a clearly  identified,  candidate  or
the  success  or defeat of a ballot proposal and cost more than $1000 to
identify the source of the funding for such communication.

Independent Expenditures: The bill  requires  reporting  of  independent
expenditures  that  cost more than $1000 and expressly advocates for the
election or defeat of a clearly identified candidate or the  success  or
defeat  of  a ballot proposal. Independent expenditures that occur after
the last filing before an election must be reported within 24 hours.

Disclosure of the Intent to Use Personal Funds: Within  3  days  of  the
last  day  to  file  designating petitions, all candidates for statewide
office, state legislative office or constitutional  convention  delegate
must  file  a  statement  with  the  state board of elections disclosing
whether the candidate has or will contribute personal funds  to  his  or
her committee and estimating the amount of such funds.

TITLE II PROVISIONS

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 consti-

tutional 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,  authorize  a  single participating committee; and
identify the source of all campaign material.

Eligibility Threshold:
Governor: Must collect not less than $900,000 from at least 9,000 match-
able contributions made up of sums of up to $250 per individual contrib-
utor who resides in New York state.

Lt. Governor (primary only), Attorney Gen. & Comptroller:  Must  collect
not  less than $300,000 from at least 3,000 matchable contributions made
up of sums of up to $250 per individual contributor who resides  in  New
York Sate.

Senate:  Must  collect not less than $25,000 from at least 250 matchable
contributions made up of sums of up to $250 per  individual  contributor
who  resides  in New York state including at least $12,500 from at least
125 individual contributors who reside in the senate district  in  which
the seat is to be filled.

Assembly: Must collect not less than $10,300 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 in which the
seat is to be filled.

At-large Delegate to a Constitutional Convention: Must collect not  less
than  $25,000  from at least 250 matchable contributions made up 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  in
which the seat is to be filled.

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  $4  for
every $1.

Triggers:
If,  however,  a  candidate  who  dots not elect to receive public funds
raises, spends or contributes his or her own personal funds in an amount

greater than the expenditure  limit  established  for  such  office  for
candidates  participating  in the public financing system, an additional
grant of public funds is given to the participating candidate.

Grants:
A  participating candidate may receive up to four grants equaling 25% of
the amount of public funds previously received by  the  candidate  as  a
match  for  matchable  contributions  obtained and reported to the state
board of elections. Each of the grants is added to the original expendi-
ture limit, effectively creating a new TRIGGER for the next  grant  when
the  nonparticipating candidate raises, spends or contributes his or her
own personal funds in an amount greater than the new expenditure limit.

Misc. Rules:
To receive public funds for a primary election, a  participating  candi-
date 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 whose opponents don't
raise or spend 10%  of  the  expenditure  limit  are  deemed  unopposed.
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), 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 (except brochures,
buttons, signs and other campaign material).

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

Expenditure Limits:
The following expenditure limits apply to all candidates who participate
in the public financing system:

                           General Election     Primary

Governor                     $12,000,000       1.1 per enrolled voter or
                                               $600,000, whichever
                                               is more, but not to
                                               exceed $6,000,000

Lt. Governor                    --             $1.1 per enrolled voter o
                                               $300,000, whichever
                                               is more, but not to
                                               exceed $3,000,000

Attorney General &           $6,000,000        Same as Lt, Governor
Comptroller

State Senator                $350,000          $2.50 per enrolled
                                               voter or
                                               $35,000, whichever
                                               is more, but not
                                               to exceed $350,000

Member of Assembly           $150,000          $2.50 per enrolled
                                               voter or $15,000,
                                               whichever is more,
                                               but not to exceed
                                               $150,000

At-Large Delegate            $350,000          $.15 per enrolled voter
                                               or $75,000, whichever
                                               is more, but not
                                               to exceed $175,000

District Delegate            $75,000           $1.10 per enrolled voter
                                               in the district or
                                               $5,000, whichever is
                                               more, but not to
                                               exceed $50,000

Party Expenditures in Support of Participating Candidates:
Notwithstanding  the  expenditure  limits  for participating candidates,
state party committees may make the following expenditures for  services
to participating candidates:

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 tray constitute up to 25% of
such party expenditures.

Tax Check-off:
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 Campaign  Finance
Fund.  If  the  state  campaign  finance fund lacks the money to pay all
properly certified claims, the deficiency will be paid from the  general
fund.

Penalties:

TITLE: I

The  knowing  and  willful  failure  to  identify the source of campaign
communications will subject the candidate to a civil fine equal to $1000
or the cost of the communication, whichever is greater.

A failure to file the statements required for an independent expenditure
shall subject the person or entity to a cavil fine of $500.

A knowing and willful failure to file the statement  required  regarding
the use of personal funds in a campaign shall subject the candidate to a
civil fine of up to $5000.

TITLE II

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

If a participating candidate's aggregate Expenditures exceed the expend-
iture limitations, the candidate is liable for a  civil  penalty  in  an
amount equal to three times- the amount of the excess.

LEGISLATIVE HISTORY: A11507-a of 2008.

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  hybrid  "matching  plus 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 impor-
tant 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. The  grant
components  containing  4  separate triggers, allows candidates that are
outspent to remain competitive without giving a participating  candidate
an unnecessary windfall.

The identification requirement for independent political communications,
the  filing requirement for independent expenditures and the requirement
that candidates disclose their intent  to  spend  personal  funds  in  a
campaign provide both participants and non-participants with information
necessary  to  formulate  their  campaign  strategy. The opportunity for
party committees to make limited expenditures in support of  participat-
ing  candidates  provides  flexibility  to  both  the candidates and the
parties.

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

FISCAL IMPLICATIONS: There will be no cost in  2009.    In  2010,  there
could be costs associated with participating candidates seeking election
to the office of State comptroller. There would be no cost in 2011, 2012
and  2013.  In  2014, there could be costs associated with participating
candidates seeking election to a  statewide  office  and  constitutional
delegate.  There  will be no cost in 2015. In 2016, there could be costs
associated with  participating  candidates  seeking  election  to  state
legislative  office.  There  would  be no cost in 2017.   In 2018, there
could be costs associated with participating candidates seeking election
to a statewide office, state legislative office and constitutional dele-
gate. 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 2010 election, all state-
wide candidates and constitutional delegates will be eligible to partic-
ipate in 2014 and state  legislative  candidates  will  be  eligible  to
participate in 2016.
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A08902 Text:

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

                                        8902--A

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                     June 13, 2009
                                      ___________

       Introduced  by  M.  of  A. SILVER, MILLMAN, CARROZZA, WRIGHT, WEINSTEIN,
         GOTTFRIED, ESPAILLAT, PEOPLES-STOKES -- Multi-Sponsored by -- M. of A.
         ALESSI, BENEDETTO, BING, BOYLAND,  BRENNAN,  BRODSKY,  CAHILL,  CANES-
         TRARI,  CHRISTENSEN,  CLARK,  COLTON, COOK, DelMONTE, DINOWITZ, ENGLE-
         BRIGHT, FIELDS, GALEF, GANTT, GIANARIS, GLICK, GORDON, GUNTHER,  HOOP-
         ER,  HOYT,  JACOBS,  JOHN,  KOON,  LANCMAN,  LATIMER,  LAVINE, LENTOL,
         LIFTON, LUPARDO, McENENY, MORELLE, NOLAN,  O'DONNELL,  ORTIZ,  PAULIN,
         PERRY,  PHEFFER,  PRETLOW,  REILLY, P. RIVERA, ROSENTHAL, SCARBOROUGH,
         SWEENEY, WEISENBERG -- read once and  referred  to  the  Committee  on
         Election  Law  --  committed  to Election Law -- committee discharged,
         bill amended, ordered reprinted as amended  and  recommitted  to  said
         committee

       AN  ACT  to  amend  the  election law, in relation to enacting the "2010
         Campaign Finance Reform 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 election law, in relation to identification of the
         source of certain political communications

         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 "2010 Campaign Finance Reform Act".
    3    S 2. Legislative findings and declaration.   The legislature  declares
    4  that it is in the public interest to create and ensure a truly democrat-
    5  ic  political  system  in  which citizens, irrespective of their income,
    6  status, or financial connections, are enabled and encouraged to  compete
    7  for  public  office.  Therefore,  the  legislature finds it necessary to
    8  establish a system of public financing for all qualified candidates  for
    9  state elective offices and constitutional convention delegates.
   10    S  3. The article heading of article 14 of the election law is amended
   11  to read as follows:

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14376-06-0
       A. 8902--A                          2

    1            CAMPAIGN RECEIPTS AND EXPENDITURES; PUBLIC FINANCING

    2    S 4. Section 14-100 of the election law is amended by adding three new
    3  subdivisions 12, 13, and 14 to read as follows:
    4    12. "CLEARLY IDENTIFIED CANDIDATE" MEANS THAT:
    5    (A) THE NAME OF THE CANDIDATE INVOLVED APPEARS;
    6    (B) A PHOTOGRAPH OR DRAWING OF THE CANDIDATE APPEARS; OR
    7    (C)  THE  IDENTITY  OF THE CANDIDATE IS APPARENT BY UNAMBIGUOUS REFER-
    8  ENCE.
    9    13. "GENERAL PUBLIC AUDIENCE" MEANS AN AUDIENCE COMPOSED OF MEMBERS OF
   10  THE PUBLIC, INCLUDING A TARGETED SUBGROUP  OF  MEMBERS  OF  THE  PUBLIC;
   11  PROVIDED,  HOWEVER,  IT  DOES  NOT  MEAN AN AUDIENCE SOLELY COMPRISED OF
   12  MEMBERS, RETIREES AND STAFF OF A LABOR ORGANIZATION OR  THEIR  IMMEDIATE
   13  FAMILY  MEMBERS  OR AN AUDIENCE SOLELY COMPRISED OF EMPLOYEES OF A BUSI-
   14  NESS ENTITY.
   15    14. "LABOR ORGANIZATION" MEANS ANY  ORGANIZATION  OF  ANY  KIND  WHICH
   16  EXISTS  FOR  THE PURPOSE, IN WHOLE OR IN PART, OF REPRESENTING EMPLOYEES
   17  EMPLOYED WITHIN THE STATE OF NEW  YORK  IN  DEALING  WITH  EMPLOYERS  OR
   18  EMPLOYER  ORGANIZATIONS  OR WITH A STATE GOVERNMENT, OR ANY POLITICAL OR
   19  CIVIL SUBDIVISION OR OTHER AGENCY THEREOF, CONCERNING TERMS  AND  CONDI-
   20  TIONS  OF EMPLOYMENT, GRIEVANCES, LABOR DISPUTES, OR OTHER MATTERS INCI-
   21  DENTAL TO THE EMPLOYMENT RELATIONSHIP.  FOR THE PURPOSES OF  THIS  ARTI-
   22  CLE, EACH LOCAL, PARENT NATIONAL OR PARENT INTERNATIONAL ORGANIZATION OF
   23  A  STATEWIDE LABOR ORGANIZATION, AND EACH STATEWIDE FEDERATION RECEIVING
   24  DUES FROM SUBSIDIARY LABOR ORGANIZATIONS, SHALL BE CONSIDERED A SEPARATE
   25  LABOR ORGANIZATION.
   26    S 5. Section 14-106 of the election law, as amended by  chapter  8  of
   27  the laws of 1978, is amended to read as follows:
   28    S  14-106.  Political  [advertisements  and literature] COMMUNICATION.
   29  The statements required to be filed under the provisions of this article
   30  next succeeding a primary, general or special election shall be accompa-
   31  nied by a [facsimile or] copy of all BROADCAST, CABLE OR SATELLITE SCHE-
   32  DULES  AND  SCRIPTS,  advertisements,  pamphlets,   circulars,   flyers,
   33  brochures,  letterheads  and  other printed matter purchased or produced
   34  [and a schedule of all radio or television time, and scripts used there-
   35  in], AND REPRODUCTIONS OF STATEMENTS OR  INFORMATION  CONVEYED  TO  FIVE
   36  HUNDRED  OR  MORE  MEMBERS  OF  A GENERAL PUBLIC AUDIENCE BY COMPUTER OR
   37  OTHER ELECTRONIC DEVICE, purchased in connection with such  election  by
   38  or under the authority of the person filing the statement or the commit-
   39  tee  or the person on whose behalf it is filed, as the case may be. Such
   40  [facsimiles,] copies, schedules and scripts shall be  preserved  by  the
   41  officer with whom or the board with which it is required to be filed for
   42  a period of one year from the date of filing thereof.
   43    S  5-a.  The election law is amended by adding a new section 14-107 to
   44  read as follows:
   45    S 14-107. INDEPENDENT EXPENDITURE REPORTING. 1. FOR PURPOSES  OF  THIS
   46  ARTICLE:
   47    (A)  "INDEPENDENT  EXPENDITURE"  MEANS AN EXPENDITURE MADE BY A PERSON
   48  FOR AN AUDIO OR VIDEO COMMUNICATION TO A  GENERAL  PUBLIC  AUDIENCE  VIA
   49  BROADCAST,  CABLE  OR  SATELLITE OR A WRITTEN COMMUNICATION TO A GENERAL
   50  PUBLIC  AUDIENCE  VIA  ADVERTISEMENTS,  PAMPHLETS,  CIRCULARS,   FLYERS,
   51  BROCHURES,  LETTERHEADS OR OTHER PRINTED MATTER AND STATEMENTS OR INFOR-
   52  MATION CONVEYED TO FIVE HUNDRED OR MORE  MEMBERS  OF  A  GENERAL  PUBLIC
   53  AUDIENCE  BY  COMPUTER  OR OTHER ELECTRONIC DEVICES WHICH: (I) EXPRESSLY
   54  ADVOCATES THE ELECTION OR DEFEAT OF A CLEARLY  IDENTIFIED  CANDIDATE  OR
   55  THE  SUCCESS OR DEFEAT OF A BALLOT PROPOSAL AND (II) SUCH CANDIDATE, THE
       A. 8902--A                          3

    1  CANDIDATE'S POLITICAL COMMITTEE OR ITS AGENTS, OR A POLITICAL  COMMITTEE
    2  FORMED  TO  PROMOTE  THE  SUCCESS  OR DEFEAT OF A BALLOT PROPOSAL OR ITS
    3  AGENTS, DID NOT AUTHORIZE, REQUEST, SUGGEST, FOSTER OR COOPERATE IN  ANY
    4  SUCH COMMUNICATION.
    5    (B) INDEPENDENT EXPENDITURES DO NOT INCLUDE:
    6    (I)  A COMMUNICATION APPEARING IN A WRITTEN NEWS STORY, COMMENTARY, OR
    7  EDITORIAL OR DISTRIBUTED THROUGH  THE  FACILITIES  OF  ANY  BROADCASTING
    8  STATION,  CABLE  OR  SATELLITE UNLESS SUCH PUBLICATION OR FACILITIES ARE
    9  OWNED OR CONTROLLED BY  ANY  POLITICAL  PARTY,  POLITICAL  COMMITTEE  OR
   10  CANDIDATE; OR
   11    (II) A COMMUNICATION THAT CONSTITUTES A CANDIDATE DEBATE OR FORUM; OR
   12    (III)  A  COMMUNICATION  WHICH  CONSTITUTES  AN EXPENDITURE MADE BY AN
   13  ENTITY REQUIRED TO REPORT SUCH EXPENDITURE WITH A BOARD OF ELECTIONS.
   14    (C) FOR PURPOSES OF THIS SECTION, THE TERM "PERSON" SHALL MEAN PERSON,
   15  GROUP OF PERSONS, ENTITY, ORGANIZATION OR ASSOCIATION.
   16    2. WHENEVER ANY PERSON MAKES AN  INDEPENDENT  EXPENDITURE  THAT  COSTS
   17  MORE  THAN  ONE  THOUSAND  DOLLARS  IN THE AGGREGATE, SUCH COMMUNICATION
   18  SHALL CLEARLY STATE THE NAME OF THE PERSON WHO PAID  FOR,  OR  OTHERWISE
   19  PUBLISHED  OR  DISTRIBUTED, THE COMMUNICATION AND STATE, WITH RESPECT TO
   20  COMMUNICATIONS REGARDING  CANDIDATES,  THAT  THE  COMMUNICATION  IS  NOT
   21  AUTHORIZED  BY ANY CANDIDATE, ANY CANDIDATE'S POLITICAL COMMITTEE OR ANY
   22  OF ITS AGENTS.  A KNOWING AND WILLFUL VIOLATION  OF  THE  PROVISIONS  OF
   23  THIS  SUBDIVISION  SHALL  SUBJECT THE PERSON TO A CIVIL PENALTY EQUAL TO
   24  ONE THOUSAND DOLLARS OR THE COST  OF  THE  COMMUNICATION,  WHICHEVER  IS
   25  GREATER,  IN  A  SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE STATE
   26  BOARD OF ELECTIONS.
   27    3. (A) ANY PERSON WHICH MAKES INDEPENDENT EXPENDITURES THAT COST  MORE
   28  THAN ONE THOUSAND DOLLARS IN THE AGGREGATE SHALL REPORT SUCH INDEPENDENT
   29  EXPENDITURES  TO  THE STATE BOARD OF ELECTIONS ON STATEMENTS AS PROVIDED
   30  FOR IN SECTION 14-108 OF THIS ARTICLE.
   31    (B) ANY INDEPENDENT EXPENDITURE MADE AFTER THE CLOSE OF THE PERIOD  TO
   32  BE  COVERED  IN  THE LAST STATEMENT FILED BEFORE ANY PRIMARY, GENERAL OR
   33  SPECIAL ELECTION, BUT BEFORE SUCH ELECTION,  SHALL  BE  REPORTED  WITHIN
   34  TWENTY-FOUR  HOURS IN THE SAME MANNER AS PROVIDED FOR IN SUBDIVISION TWO
   35  OF SECTION 14-108 OF THIS ARTICLE.
   36    4. EACH SUCH STATEMENT SHALL INCLUDE:
   37    (A) THE NAME AND ADDRESS OF THE PERSON MAKING THE STATEMENT;
   38    (B) THE NAME AND ADDRESS OF THE PERSON MAKING THE INDEPENDENT EXPENDI-
   39  TURE;
   40    (C) THE NAME AND ADDRESS OF ANY PERSON OR  ENTITY  PROVIDING  A  GIFT,
   41  LOAN,  ADVANCE  OR  DEPOSIT OF ONE HUNDRED DOLLARS OR MORE FOR THE INDE-
   42  PENDENT EXPENDITURE, OR THE PROVISION OF SERVICES FOR THE SAME, AND  THE
   43  DATE  IT  WAS GIVEN; PROVIDED, HOWEVER, THE NAME AND ADDRESS OF A MEMBER
   44  OF A LABOR ORGANIZATION IS NOT REQUIRED FOR A  GIFT,  LOAN,  ADVANCE  OR
   45  DEPOSIT  OF  ONE  HUNDRED  DOLLARS  OR MORE TO A LABOR ORGANIZATION OR A
   46  LABOR ORGANIZATION POLITICAL ACTION COMMITTEE;
   47    (D) THE DOLLAR AMOUNT PAID FOR EACH INDEPENDENT EXPENDITURE, THE  NAME
   48  AND  ADDRESS OF THE PERSON OR ENTITY RECEIVING THE PAYMENT, THE DATE THE
   49  PAYMENT WAS MADE AND A DESCRIPTION OF THE INDEPENDENT EXPENDITURE; AND
   50    (E) THE ELECTION TO WHICH THE INDEPENDENT EXPENDITURE PERTAINS AND THE
   51  NAME OF THE CLEARLY IDENTIFIED CANDIDATE OR THE BALLOT  PROPOSAL  REFER-
   52  ENCED.
   53    5.  ANY  REPORT  MADE PURSUANT TO THIS SECTION SHALL INCLUDE A COPY OF
   54  ALL MATERIALS THAT PERTAIN TO THE INDEPENDENT EXPENDITURE, INCLUDING BUT
   55  NOT LIMITED TO BROADCAST,  CABLE  OR  SATELLITE  SCHEDULE  AND  SCRIPTS,
       A. 8902--A                          4

    1  ADVERTISEMENTS, PAMPHLETS, CIRCULARS, FLYERS, BROCHURES, LETTERHEADS AND
    2  OTHER PRINTED MATTER.
    3    6.  ANY  REPORT  OF A LOAN THAT IS MADE FOR AN INDEPENDENT EXPENDITURE
    4  SHALL INCLUDE WRITTEN EVIDENCE OF THE INDEBTEDNESS.
    5    7. EVERY STATEMENT REQUIRED TO BE FILED PURSUANT TO THIS SECTION SHALL
    6  BE FILED BY ELECTRONIC REPORTING PROCESS OR OVERNIGHT MAIL TO THE  STATE
    7  BOARD OF ELECTIONS.
    8    8.  THE  STATE  BOARD  OF  ELECTIONS SHALL PROMULGATE REGULATIONS WITH
    9  RESPECT TO THE STATEMENTS REQUIRED TO BE FILED BY THIS SECTION AND SHALL
   10  PROVIDE FORMS SUITABLE FOR SUCH STATEMENTS.
   11    S 5-b. Section 14-112 of the election law, as amended by  chapter  930
   12  of the laws of 1981, is amended to read as follows:
   13    S  14-112.  Political committee authorization statement.  1. Any poli-
   14  tical committee aiding or taking part in the election or  nomination  of
   15  any  candidate,  other  than by making contributions, shall file, in the
   16  office in which the statements of such committee are to be filed  pursu-
   17  ant  to this article, either a sworn verified statement by the treasurer
   18  of such committee  that  the  candidate  has  authorized  the  political
   19  committee  to aid or take part in his election or that the candidate has
   20  not authorized the committee to aid or take part in his election.
   21    2. NO LATER THAN THREE DAYS AFTER THE LAST  DAY  TO  FILE  DESIGNATING
   22  PETITIONS, A CANDIDATE FOR STATEWIDE OFFICE, STATE LEGISLATIVE OFFICE OR
   23  CONSTITUTIONAL CONVENTION DELEGATE SHALL FILE A STATEMENT WITH THE STATE
   24  BOARD  OF ELECTIONS STATING WHETHER THE CANDIDATE HAS OR WILL CONTRIBUTE
   25  PERSONAL FUNDS TO HIS OR  HER  AUTHORIZED  COMMITTEE  FOR  USE  IN  SUCH
   26  ELECTION  AND AN ESTIMATE OF THE AMOUNT OF PERSONAL FUNDS CONTRIBUTED OR
   27  TO BE CONTRIBUTED.  THE KNOWING AND WILLFUL FAILURE TO FILE  THE  STATE-
   28  MENT REQUIRED BY THIS SUBDIVISION SHALL SUBJECT THE CANDIDATE TO A CIVIL
   29  PENALTY  NOT  TO EXCEED FIVE THOUSAND DOLLARS IN A SPECIAL PROCEEDING OR
   30  CIVIL ACTION BROUGHT BY THE STATE BOARD OF ELECTIONS.
   31    S 5-c. Section 14-126 of the election law, as amended by chapter 8  of
   32  the laws of 1978, subdivision 1 as amended by chapter 128 of the laws of
   33  1994,  subdivisions 2, 3, and 4 as redesignated by chapter 9 of the laws
   34  of 1978, is amended to read as follows:
   35    S 14-126. Violations; penalties. 1. Any person who  fails  to  file  a
   36  statement  required  to  be  filed by this article shall be subject to a
   37  civil penalty, not in excess of five hundred dollars, to be  recoverable
   38  in a special proceeding or civil action to be brought by the state board
   39  of elections or other board of elections.
   40    2.  ANY PERSON WHO KNOWINGLY AND WILLFULLY FAILS TO IDENTIFY INDEPEND-
   41  ENT  EXPENDITURES  AS  REQUIRED  BY SUBDIVISION TWO OF SECTION 14-107 OR
   42  KNOWINGLY AND WILLFULLY FAILS TO FILE THE STATEMENT REQUIRED BY SUBDIVI-
   43  SION TWO OF SECTION 14-112 SHALL BE SUBJECT TO  A  CIVIL  PENALTY  IN  A
   44  SPECIAL  PROCEEDING  OR  CIVIL  ACTION  BROUGHT  BY  THE  STATE BOARD OF
   45  ELECTIONS.
   46    [2.] 3. Any person who knowingly and willfully fails to file a  state-
   47  ment required to be filed by this article within ten days after the date
   48  provided for filing such statement or any person who knowingly and will-
   49  fully  violates any other provision of this article shall be guilty of a
   50  misdemeanor.
   51    [3.] 4. Any person who knowingly and willfully contributes, accepts or
   52  aids or participates in the acceptance of a contribution  in  an  amount
   53  exceeding an applicable maximum specified in this article shall be guil-
   54  ty of a misdemeanor.
   55    [4.] 5. Any person who shall, acting on behalf of a candidate or poli-
   56  tical committee, knowingly and willfully solicit, organize or coordinate
       A. 8902--A                          5

    1  the formation of activities of one or more unauthorized committees, make
    2  expenditures  in connection with the nomination for election or election
    3  of any candidate, or solicit any person to make any  such  expenditures,
    4  for the purpose of evading the contribution limitations of this article,
    5  shall be guilty of a class E felony.
    6    S  6. Sections 14-100 through 14-130 of article 14 of the election law
    7  are designated title 1 and a new title  heading  is  added  to  read  as
    8  follows:

    9                     CAMPAIGN RECEIPTS AND EXPENDITURES

   10    S 7. Article 14 of the election law is amended by adding a new title 2
   11  to read as follows:
   12                                   TITLE II
   13                              PUBLIC FINANCING
   14  SECTION 14-200. DEFINITIONS.
   15          14-202. ELIGIBILITY.
   16          14-204. QUALIFIED CAMPAIGN EXPENDITURES.
   17          14-206. OPTIONAL PUBLIC FINANCING.
   18          14-208. CONTRIBUTION AND RECEIPT LIMITATIONS.
   19          14-210. EXPENDITURE LIMITATIONS.
   20          14-212. EXAMINATIONS AND AUDITS; REPAYMENTS.
   21          14-214. CIVIL PENALTIES.
   22    S  14-200.  DEFINITIONS. AS USED IN THIS TITLE, UNLESS ANOTHER MEANING
   23  IS CLEARLY INDICATED:
   24    1. THE TERM "STATE BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
   25    2. THE TERM "ELIGIBLE CANDIDATE" SHALL MEAN A CANDIDATE FOR NOMINATION
   26  OR ELECTION TO ANY OF THE  OFFICES  OF  GOVERNOR,  LIEUTENANT  GOVERNOR,
   27  COMPTROLLER, ATTORNEY GENERAL, MEMBER OF THE STATE LEGISLATURE, AT-LARGE
   28  DELEGATE  TO  A  CONSTITUTIONAL  CONVENTION  OR  DISTRICT  DELEGATE TO A
   29  CONSTITUTIONAL CONVENTION.
   30    3. THE TERM "PARTICIPATING COMMITTEE" SHALL MEAN  A  SINGLE  POLITICAL
   31  COMMITTEE  WHICH A CANDIDATE CERTIFIES IS THE COMMITTEE THAT WILL SOLELY
   32  BE USED TO PARTICIPATE IN THE PUBLIC  FINANCING  SYSTEM  ESTABLISHED  BY
   33  THIS TITLE AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY, GENERAL
   34  OR  SPECIAL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT.  A MULTI-CAN-
   35  DIDATE COMMITTEE MAY NOT BE A PARTICIPATING COMMITTEE.
   36    4. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN A  CANDIDATE  WHO  IS
   37  ELIGIBLE  TO  PARTICIPATE IN THE OPTIONAL PUBLIC FINANCING SYSTEM ESTAB-
   38  LISHED BY THIS TITLE, HAS MET THE  THRESHOLD  FOR  ELIGIBILITY  AND  HAS
   39  ELECTED TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM.
   40    5.  THE  TERM "MATCHABLE CONTRIBUTIONS" SHALL MEAN THAT PORTION OF THE
   41  AGGREGATE CONTRIBUTIONS MADE (A) IN THE CASE OF  A  PRIMARY  OR  GENERAL
   42  ELECTION, AFTER JANUARY FIRST OF THE YEAR IN WHICH THE PRIMARY OR GENER-
   43  AL ELECTION IS HELD FOR THE PUBLIC OFFICE SOUGHT OR (B) IN THE CASE OF A
   44  SPECIAL  ELECTION, WITHIN SIX MONTHS OF SUCH ELECTION BY NATURAL PERSONS
   45  RESIDENT IN THE STATE OF NEW YORK  TO  A  CANDIDATE  FOR  NOMINATION  OR
   46  ELECTION  TO  ANY OF THE OFFICES COVERED BY THE PROVISIONS OF THIS TITLE
   47  WHICH DO NOT EXCEED TWO HUNDRED FIFTY DOLLARS, WHICH HAVE BEEN  REPORTED
   48  IN  FULL  BY THE CANDIDATE'S PARTICIPATING COMMITTEE TO THE STATE BOARD,
   49  INCLUDING THE CONTRIBUTOR'S FULL NAME AND RESIDENTIAL ADDRESS.  "MATCHA-
   50  BLE  CONTRIBUTIONS" SHALL BE THE NET AMOUNT OF ANY MONETARY CONTRIBUTION
   51  REALIZED BY A CANDIDATE OR  DESIGNATED  COMMITTEE  AFTER  DEDUCTING  THE
   52  REASONABLE  VALUE  OF  ANY GOODS OR SERVICES PROVIDED THE CONTRIBUTOR IN
   53  CONNECTION WITH THE CONTRIBUTION, EXCEPT  THAT  CONTRIBUTIONS  FROM  ANY
   54  PERSON WHO HAS RECEIVED A PAYMENT OR ANYTHING OF VALUE FROM SUCH COMMIT-
       A. 8902--A                          6

    1  TEE  OR  FROM  A PERSON WHO IS AN OFFICER, DIRECTOR OR EMPLOYEE OF, OR A
    2  PERSON WHO HAS A TEN PERCENT OR GREATER OWNERSHIP INTEREST IN ANY ENTITY
    3  WHICH HAS RECEIVED SUCH A PAYMENT OR THING OF VALUE SHALL NOT BE MATCHA-
    4  BLE.  A LOAN MAY NOT BE TREATED AS A MATCHABLE CONTRIBUTION.
    5    6. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDITURE
    6  FOR WHICH PUBLIC FUNDS MAY BE USED.
    7    7.  THE  TERM  "FUND"  SHALL  MEAN THE NEW YORK STATE CAMPAIGN FINANCE
    8  FUND.
    9    8. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF TOTAL
   10  MATCHABLE CONTRIBUTIONS THAT THE PARTICIPATING COMMITTEE OF AN OTHERWISE
   11  ELIGIBLE CANDIDATE MUST RECEIVE, AS REQUIRED BY SECTION 14-202  OF  THIS
   12  TITLE,  IN  ORDER  TO  QUALIFY FOR OPTIONAL PUBLIC FINANCING PURSUANT TO
   13  THIS TITLE.
   14    9. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS IN  SUBDIVI-
   15  SION NINE OF SECTION 14-100 OF THIS ARTICLE.
   16    S 14-202. ELIGIBILITY. 1. TO BE ELIGIBLE FOR OPTIONAL PUBLIC FINANCING
   17  UNDER THIS TITLE, A CANDIDATE FOR NOMINATION OR ELECTION MUST:
   18    (A)  MEET ALL THE REQUIREMENTS OF THIS CHAPTER AND OTHER PROVISIONS OF
   19  LAW TO HAVE HIS OR HER NAME ON THE BALLOT;
   20    (B) BE A CANDIDATE FOR STATEWIDE  OFFICE,  THE  STATE  LEGISLATURE  OR
   21  DELEGATE TO A CONSTITUTIONAL CONVENTION AT A PRIMARY, GENERAL OR SPECIAL
   22  ELECTION AND MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION
   23  TWO OF THIS SECTION;
   24    (C) ELECT TO PARTICIPATE IN THE PUBLIC FINANCING SYSTEM ESTABLISHED BY
   25  THIS  TITLE  NOT LATER THAN SEVEN DAYS AFTER THE LAST DAY TO FILE DESIG-
   26  NATING PETITIONS FOR THE OFFICE SUCH CANDIDATE IS  SEEKING  OR,  IN  THE
   27  CASE OF A SPECIAL ELECTION, NOT LATER THAN THE LAST DAY TO FILE NOMINAT-
   28  ING CERTIFICATES FOR SUCH OFFICE;
   29    (D) AGREE TO OBTAIN AND FURNISH TO THE STATE BOARD ANY EVIDENCE IT MAY
   30  REASONABLY  REQUEST  RELATING  TO  HIS  OR  HER CAMPAIGN EXPENDITURES OR
   31  CONTRIBUTIONS AND FURNISH SUCH OTHER PROOF OF COMPLIANCE WITH THIS TITLE
   32  AS MAY BE REQUESTED BY THE STATE BOARD;
   33    (E) HAVE A SINGLE AUTHORIZED  POLITICAL  COMMITTEE  WHICH  HE  OR  SHE
   34  CERTIFIES AS THE PARTICIPATING COMMITTEE FOR THE PURPOSES OF THIS TITLE;
   35  AND
   36    (F)  AGREE TO IDENTIFY ACCURATELY IN ALL CAMPAIGN MATERIALS THE PERSON
   37  OR ENTITY THAT PAID FOR SUCH CAMPAIGN MATERIAL.
   38    2. THE THRESHOLD FOR ELIGIBILITY FOR PUBLIC FUNDING FOR CANDIDATES  IN
   39  A  PRIMARY,  GENERAL OR SPECIAL ELECTION FOR THE FOLLOWING OFFICES SHALL
   40  BE:
   41    (A) GOVERNOR IN A PRIMARY OR GENERAL  ELECTION.  NOT  LESS  THAN  NINE
   42  HUNDRED  THOUSAND DOLLARS FROM AT LEAST NINE THOUSAND MATCHABLE CONTRIB-
   43  UTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY DOLLARS PER INDIVIDUAL
   44  CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
   45    (B) LIEUTENANT GOVERNOR IN  A  PRIMARY  ELECTION  AND  COMPTROLLER  OR
   46  ATTORNEY  GENERAL IN A PRIMARY OR GENERAL ELECTION.  NOT LESS THAN THREE
   47  HUNDRED THOUSAND DOLLARS FROM AT LEAST THREE THOUSAND MATCHABLE CONTRIB-
   48  UTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY DOLLARS PER INDIVIDUAL
   49  CONTRIBUTOR WHO RESIDES IN NEW YORK STATE.
   50    (C) MEMBERS OF THE STATE SENATE  IN  A  PRIMARY,  GENERAL  OR  SPECIAL
   51  ELECTION.  NOT  LESS THAN TWENTY-FIVE THOUSAND DOLLARS FROM AT LEAST TWO
   52  HUNDRED FIFTY MATCHABLE CONTRIBUTIONS MADE UP  OF  SUMS  OF  UP  TO  TWO
   53  HUNDRED FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN NEW YORK
   54  STATE  INCLUDING  AT  LEAST TWELVE THOUSAND FIVE HUNDRED DOLLARS FROM AT
   55  LEAST ONE HUNDRED TWENTY-FIVE INDIVIDUAL CONTRIBUTORS WHO RESIDE IN  THE
   56  SENATE DISTRICT IN WHICH THE SEAT IS TO BE FILLED.
       A. 8902--A                          7

    1    (D) MEMBERS OF THE ASSEMBLY IN A PRIMARY, GENERAL OR SPECIAL ELECTION.
    2  NOT  LESS  THAN TEN THOUSAND DOLLARS FROM AT LEAST ONE HUNDRED MATCHABLE
    3  CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO  HUNDRED  FIFTY  DOLLARS  PER
    4  INDIVIDUAL  CONTRIBUTOR WHO RESIDES IN NEW YORK STATE INCLUDING AT LEAST
    5  FIVE  THOUSAND DOLLARS FROM AT LEAST FIFTY INDIVIDUALS WHO RESIDE IN THE
    6  ASSEMBLY DISTRICT IN WHICH THE SEAT IS TO BE FILLED.
    7    (E) AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION IN A  PRIMARY  OR
    8  GENERAL  ELECTION.  NOT  LESS  THAN TWENTY-FIVE THOUSAND DOLLARS FROM AT
    9  LEAST TWO HUNDRED FIFTY MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO
   10  TWO HUNDRED FIFTY DOLLARS PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN  NEW
   11  YORK STATE.
   12    (F)  DISTRICT  DELEGATE TO A CONSTITUTIONAL CONVENTION IN A PRIMARY OR
   13  GENERAL ELECTION. NOT LESS THAN FIVE  THOUSAND  DOLLARS  FROM  AT  LEAST
   14  FIFTY MATCHABLE CONTRIBUTIONS MADE UP OF SUMS OF UP TO TWO HUNDRED FIFTY
   15  DOLLARS  PER INDIVIDUAL CONTRIBUTOR WHO RESIDES IN THE DISTRICT IN WHICH
   16  THE SEAT IS TO BE FILLED.
   17    3. IN ORDER TO BE ELIGIBLE  TO  RECEIVE  PUBLIC  FUNDS  IN  A  PRIMARY
   18  ELECTION  A  CANDIDATE MUST AGREE, THAT IN THE EVENT SUCH CANDIDATE IS A
   19  CANDIDATE FOR SUCH OFFICE IN THE GENERAL ELECTION  IN  SUCH  YEAR,  THAT
   20  SUCH CANDIDATE WILL BE BOUND BY THE PROVISIONS OF THIS TITLE, INCLUDING,
   21  BUT NOT LIMITED TO, THE RECEIPT AND EXPENDITURE LIMITS OF THIS TITLE.
   22    4.  CANDIDATES  WHO ARE CONTESTED IN A PRIMARY ELECTION AND WHO DO NOT
   23  SEEK PUBLIC FUNDS SHALL NOT BE ELIGIBLE FOR PUBLIC FUNDS FOR THE GENERAL
   24  ELECTION IN THAT YEAR. THE PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT
   25  APPLY TO CANDIDATES FOR THE OFFICE OF LIEUTENANT GOVERNOR.
   26    5. CANDIDATES WHO ARE UNOPPOSED IN A GENERAL OR SPECIAL ELECTION SHALL
   27  NOT BE ELIGIBLE TO RECEIVE PUBLIC FUNDS.
   28    6.  NO  CANDIDATE  FOR  ELECTION TO AN OFFICE IN A PRIMARY, GENERAL OR
   29  SPECIAL ELECTION WHO HAS ELECTED TO PARTICIPATE IN THE PUBLIC  FINANCING
   30  SYSTEM  SHALL BE DEEMED OPPOSED AND RECEIVE PUBLIC FUNDS UNLESS AT LEAST
   31  ONE OTHER CANDIDATE FOR SUCH OFFICE IN SUCH ELECTION WHO ALSO ELECTED TO
   32  PARTICIPATE IN THE PUBLIC FINANCING SYSTEM, OR SUCH CANDIDATE'S  COMMIT-
   33  TEE,  OR  AT  LEAST ONE OTHER CANDIDATE FOR SUCH OFFICE IN SUCH ELECTION
   34  WHO HAS NOT ELECTED TO PARTICIPATE, OR SUCH CANDIDATE'S COMMITTEE,  HAVE
   35  EITHER SPENT, CONTRACTED OR OBLIGATED TO SPEND, OR HAVE CONTRIBUTED SUCH
   36  CANDIDATE'S  PERSONAL  FUNDS  TO  SUCH  CANDIDATE'S  COMMITTEE  OR  HAVE
   37  RECEIVED IN LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING TEN  PERCENT  OF
   38  THE EXPENDITURE LIMIT FOR SUCH OFFICE IN SUCH ELECTION WHICH IS FIXED BY
   39  THIS  TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT SUCH PUBLIC FUNDS.
   40  IF ANY CANDIDATE FOR AN OFFICE  AND  THE  COMMITTEE  OF  SUCH  CANDIDATE
   41  REACHES  THE  THRESHOLD  TO  QUALIFY TO RECEIVE PUBLIC FUNDS, OR SPENDS,
   42  CONTRACTS  OR  OBLIGATES  TO  SPEND,  OR  CONTRIBUTES  SUCH  CANDIDATE'S
   43  PERSONAL  FUNDS  TO  SUCH  CANDIDATE'S COMMITTEE OR RECEIVES IN LOANS OR
   44  CONTRIBUTIONS, AN AMOUNT EXCEEDING TEN PERCENT OF THE EXPENDITURE  LIMIT
   45  FOR  SUCH  OFFICE IN SUCH ELECTION AT ANY TIME AFTER THE FILING DEADLINE
   46  FOR THE LAST REPORT REQUIRED TO BE FILED BEFORE THE  FIRST  DISTRIBUTION
   47  OF  PUBLIC  FUNDS  FOR  SUCH  ELECTION, SUCH CANDIDATE OR COMMITTEE MUST
   48  NOTIFY THE STATE BOARD OF THAT FACT WITHIN TWENTY-FOUR HOURS IN THE SAME
   49  MANNER AS PROVIDED IN SUBDIVISION TWO OF SECTION 14-108 OF THIS ARTICLE.
   50    S 14-204. QUALIFIED CAMPAIGN EXPENDITURES. 1.  PUBLIC  FUNDS  PROVIDED
   51  UNDER  THE PROVISIONS OF THIS TITLE MAY ONLY BE USED FOR EXPENDITURES BY
   52  THE PARTICIPATING COMMITTEE AUTHORIZED BY THE CANDIDATE TO MAKE EXPENDI-
   53  TURES ON SUCH CANDIDATE'S BEHALF, TO FURTHER THE CANDIDATE'S  NOMINATION
   54  OR  ELECTION  AFTER  JANUARY  FIRST  OF THE YEAR IN WHICH THE PRIMARY OR
   55  GENERAL ELECTION IS HELD FOR THE OFFICE SOUGHT, FOR SERVICES, MATERIALS,
   56  FACILITIES OR OTHER THINGS OF VALUE USED DURING THAT CAMPAIGN CYCLE  OR,
       A. 8902--A                          8

    1  IN  THE  CASE  OF A SPECIAL ELECTION, FOR EXPENDITURES DURING THE PERIOD
    2  COMMENCING THREE MONTHS BEFORE AND ENDING ONE MONTH AFTER  SUCH  SPECIAL
    3  ELECTION.  THE  TOTAL OF ALL EXPENDITURES MADE BY THE CANDIDATE AND SUCH
    4  CANDIDATE'S  PARTICIPATING  COMMITTEE,  INCLUDING  ALL PAYMENTS RECEIVED
    5  FROM THE FUND, SHALL NOT EXCEED THE EXPENDITURE LIMITATIONS  ESTABLISHED
    6  IN  SECTION  14-210  OF  THIS TITLE, EXCEPT INSOFAR AS SUCH PAYMENTS ARE
    7  MADE TO REPAY LOANS USED TO PAY CAMPAIGN EXPENDITURES.
    8    2. SUCH PUBLIC FUNDS MAY NOT BE USED FOR:
    9    (A) AN EXPENDITURE IN VIOLATION OF ANY LAW OF THE UNITED STATES OR  OF
   10  THIS STATE;
   11    (B)  PAYMENTS  OR  ANYTHING OF VALUE GIVEN OR MADE TO THE CANDIDATE, A
   12  RELATIVE OF THE CANDIDATE, OR TO A BUSINESS ENTITY  IN  WHICH  ANY  SUCH
   13  PERSON  HAS  A TEN PERCENT OR GREATER OWNERSHIP INTEREST OR OF WHICH ANY
   14  SUCH PERSON IS AN OFFICER, DIRECTOR OR EMPLOYEE;
   15    (C) PAYMENT IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES, MATERIALS,
   16  FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
   17    (D) ANY EXPENDITURE MADE AFTER THE  PARTICIPATING  CANDIDATE,  OR  THE
   18  ONLY  REMAINING OPPONENT OF SUCH CANDIDATE, HAS BEEN DISQUALIFIED OR HAD
   19  SUCH CANDIDATE'S PETITIONS DECLARED INVALID BY A BOARD OF ELECTIONS OR A
   20  COURT OF  COMPETENT  JURISDICTION  UNTIL  AND  UNLESS  SUCH  FINDING  IS
   21  REVERSED BY A HIGHER AUTHORITY.
   22    (E)  ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
   23  DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION,  ACCEPTANCE,
   24  AUTHORIZATION, DECLINATION OR SUBSTITUTION;
   25    (F)  EXPENDITURE FOR NONCAMPAIGN RELATED FOOD, DRINK OR ENTERTAINMENT;
   26  AND
   27    (G) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER CAMPAIGN MATERI-
   28  AL.
   29    S 14-206. OPTIONAL PUBLIC FINANCING. 1. PARTICIPATING  CANDIDATES  FOR
   30  NOMINATION  OR  ELECTION  IN  PRIMARY, GENERAL AND SPECIAL ELECTIONS MAY
   31  OBTAIN PAYMENT TO A PARTICIPATING COMMITTEE FROM PUBLIC FUNDS FOR QUALI-
   32  FIED CAMPAIGN EXPENDITURES. NO SUCH PUBLIC FUNDS  SHALL  BE  PAID  TO  A
   33  PARTICIPATING  COMMITTEE  UNTIL THE CANDIDATE HAS QUALIFIED TO APPEAR ON
   34  THE BALLOT AND FILED A SWORN STATEMENT WITH THE STATE BOARD ELECTING  TO
   35  PARTICIPATE  IN  THE  OPTIONAL  PUBLIC  FINANCING SYSTEM AND AGREEING TO
   36  ABIDE BY THE REQUIREMENTS OF THIS TITLE.  PAYMENTS SHALL NOT EXCEED  THE
   37  AMOUNTS  SPECIFIED  IN  THIS TITLE, AND SHALL BE MADE ONLY IN ACCORDANCE
   38  WITH THE PROVISIONS OF THIS TITLE. SUCH PAYMENTS MAY ONLY BE MADE  TO  A
   39  PARTICIPATING CANDIDATE'S PARTICIPATING COMMITTEE. NO PUBLIC FUNDS SHALL
   40  BE  USED  EXCEPT  AS  REIMBURSEMENT  OR  PAYMENT  FOR QUALIFIED CAMPAIGN
   41  EXPENDITURES ACTUALLY AND LAWFULLY INCURRED OR TO REPAY  LOANS  USED  TO
   42  PAY QUALIFIED CAMPAIGN EXPENDITURES.
   43    2.  THE  PARTICIPATING COMMITTEE OF EACH PARTICIPATING CANDIDATE SHALL
   44  BE ENTITLED TO FOUR DOLLARS IN PUBLIC  FUNDS  FOR  EACH  ONE  DOLLAR  OF
   45  MATCHABLE  CONTRIBUTIONS  OBTAINED  AND  REPORTED  TO THE STATE BOARD IN
   46  ACCORDANCE WITH THE PROVISIONS OF THIS TITLE,  PROVIDED,  HOWEVER,  SUCH
   47  PUBLIC FUNDS SHALL ONLY BE USED FOR QUALIFIED CAMPAIGN EXPENDITURES.
   48    3.  (A)  HOWEVER,  IF  ANY CANDIDATE IN ANY ELECTION FOR AN OFFICE FOR
   49  WHICH PUBLIC FUNDS ARE AVAILABLE PURSUANT  TO  THE  PROVISIONS  OF  THIS
   50  TITLE,  ELECTS  NOT  TO  ACCEPT  PUBLIC FUNDS AND SUCH CANDIDATE OR SUCH
   51  CANDIDATE'S COMMITTEE EITHER SPENDS, CONTRACTS OR OBLIGATES TO SPEND, OR
   52  CONTRIBUTES SUCH CANDIDATE'S PERSONAL FUNDS TO SUCH CANDIDATE'S  COMMIT-
   53  TEE  OR  RECEIVES  IN  LOANS  OR  CONTRIBUTIONS, AN AMOUNT EXCEEDING THE
   54  EXPENDITURE LIMIT FOR SUCH OFFICE, AS FIXED BY THIS TITLE FOR CANDIDATES
   55  WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS,  THEN  (I)  SUCH  CANDIDATE  OR
   56  COMMITTEE  MUST  NOTIFY  THE  STATE BOARD OF THE FACT WITHIN TWENTY-FOUR
       A. 8902--A                          9

    1  HOURS VIA THE INTERNET USING THE ELECTRONIC FILING SYSTEM ESTABLISHED BY
    2  THE STATE BOARD, OR IF SUCH CANDIDATE DOES NOT FILE  ELECTRONICALLY  VIA
    3  THE INTERNET, BY FACSIMILE OR OVERNIGHT MAIL; AND (II) THE PARTICIPATING
    4  COMMITTEE OF EACH PARTICIPATING CANDIDATE FOR SUCH OFFICE SHALL BE ENTI-
    5  TLED  TO  A  GRANT  OF  PUBLIC FUNDS EQUAL TO TWENTY-FIVE PERCENT OF THE
    6  TOTAL AMOUNT OF PUBLIC FUNDS RECEIVED BY THE PARTICIPATING CANDIDATE FOR
    7  MATCHABLE CONTRIBUTIONS OBTAINED AND REPORTED TO THE STATE  BOARD.  SUCH
    8  GRANT  SHALL BE PAID WITHIN TWO BUSINESS DAYS AND SHALL ONLY BE USED FOR
    9  QUALIFIED CAMPAIGN EXPENDITURES.
   10    (B) HOWEVER, IF ANY CANDIDATE IN ANY ELECTION FOR AN OFFICE FOR  WHICH
   11  PUBLIC  FUNDS  ARE  AVAILABLE  PURSUANT TO THE PROVISIONS OF THIS TITLE,
   12  ELECTS NOT TO ACCEPT PUBLIC FUNDS AND SUCH CANDIDATE OR SUCH CANDIDATE'S
   13  COMMITTEE EITHER SPENDS, CONTRACTS OR OBLIGATES TO SPEND, OR CONTRIBUTES
   14  SUCH  CANDIDATE'S  PERSONAL  FUNDS  TO  SUCH  CANDIDATE'S  COMMITTEE  OR
   15  RECEIVES IN LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING THE TOTAL OF THE
   16  EXPENDITURE LIMIT FOR SUCH OFFICE, AS FIXED BY THIS TITLE FOR CANDIDATES
   17  WHO  HAVE  ELECTED  TO ACCEPT PUBLIC FUNDS, PLUS THE TWENTY-FIVE PERCENT
   18  GRANT ALREADY RECEIVED BY THE PARTICIPATING  CANDIDATE,  THEN  (I)  SUCH
   19  CANDIDATE  OR  COMMITTEE  MUST NOTIFY THE STATE BOARD OF THE FACT WITHIN
   20  TWENTY-FOUR HOURS VIA THE INTERNET USING THE  ELECTRONIC  FILING  SYSTEM
   21  ESTABLISHED BY THE STATE BOARD, OR IF SUCH CANDIDATE DOES NOT FILE ELEC-
   22  TRONICALLY  VIA  THE  INTERNET, BY FACSIMILE OR OVERNIGHT MAIL; AND (II)
   23  THE PARTICIPATING COMMITTEE OF EACH  PARTICIPATING  CANDIDATE  FOR  SUCH
   24  OFFICE SHALL BE ENTITLED TO AN ADDITIONAL GRANT OF PUBLIC FUNDS EQUAL TO
   25  TWENTY-FIVE  PERCENT OF THE TOTAL AMOUNT OF PUBLIC FUNDS RECEIVED BY THE
   26  PARTICIPATING  CANDIDATE  FOR  MATCHABLE  CONTRIBUTIONS   OBTAINED   AND
   27  REPORTED  TO  THE STATE BOARD. SUCH GRANT SHALL BE PAID WITHIN TWO BUSI-
   28  NESS DAYS AND SHALL ONLY BE USED FOR QUALIFIED CAMPAIGN EXPENDITURES.
   29    (C) HOWEVER, IF ANY CANDIDATE IN ANY ELECTION FOR AN OFFICE FOR  WHICH
   30  PUBLIC  FUNDS  ARE  AVAILABLE  PURSUANT TO THE PROVISIONS OF THIS TITLE,
   31  ELECTS NOT TO ACCEPT PUBLIC FUNDS AND SUCH CANDIDATE OR SUCH CANDIDATE'S
   32  COMMITTEE EITHER SPENDS, CONTRACTS OR OBLIGATES TO SPEND, OR CONTRIBUTES
   33  SUCH  CANDIDATE'S  PERSONAL  FUNDS  TO  SUCH  CANDIDATE'S  COMMITTEE  OR
   34  RECEIVES IN LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING THE TOTAL OF THE
   35  EXPENDITURE LIMIT FOR SUCH OFFICE, AS FIXED BY THIS TITLE FOR CANDIDATES
   36  WHO  HAVE  ELECTED  TO ACCEPT PUBLIC FUNDS, PLUS THE FIFTY PERCENT TOTAL
   37  AGGREGATE GRANT ALREADY RECEIVED BY THE  PARTICIPATING  CANDIDATE,  THEN
   38  (I)  SUCH CANDIDATE OR COMMITTEE MUST NOTIFY THE STATE BOARD OF THE FACT
   39  WITHIN TWENTY-FOUR HOURS VIA THE INTERNET USING  THE  ELECTRONIC  FILING
   40  SYSTEM  ESTABLISHED  BY  THE  STATE BOARD, OR IF SUCH CANDIDATE DOES NOT
   41  FILE ELECTRONICALLY VIA THE INTERNET, BY FACSIMILE  OR  OVERNIGHT  MAIL;
   42  AND (II) THE PARTICIPATING COMMITTEE OF EACH PARTICIPATING CANDIDATE FOR
   43  SUCH  OFFICE  SHALL  BE  ENTITLED TO AN ADDITIONAL GRANT OF PUBLIC FUNDS
   44  EQUAL TO TWENTY-FIVE  PERCENT  OF  THE  TOTAL  AMOUNT  OF  PUBLIC  FUNDS
   45  RECEIVED  BY  THE  PARTICIPATING  CANDIDATE  FOR MATCHABLE CONTRIBUTIONS
   46  OBTAINED AND REPORTED TO THE STATE BOARD. SUCH GRANT SHALL BE PAID WITH-
   47  IN TWO BUSINESS DAYS AND SHALL  ONLY  BE  USED  FOR  QUALIFIED  CAMPAIGN
   48  EXPENDITURES.
   49    (D)  HOWEVER, IF ANY CANDIDATE IN ANY ELECTION FOR AN OFFICE FOR WHICH
   50  PUBLIC FUNDS ARE AVAILABLE PURSUANT TO THE  PROVISIONS  OF  THIS  TITLE,
   51  ELECTS NOT TO ACCEPT PUBLIC FUNDS AND SUCH CANDIDATE OR SUCH CANDIDATE'S
   52  COMMITTEE EITHER SPENDS, CONTRACTS OR OBLIGATES TO SPEND, OR CONTRIBUTES
   53  SUCH  CANDIDATE'S  PERSONAL  FUNDS  TO  SUCH  CANDIDATE'S  COMMITTEE  OR
   54  RECEIVES IN LOANS OR CONTRIBUTIONS, AN AMOUNT EXCEEDING THE TOTAL OF THE
   55  EXPENDITURE LIMIT FOR SUCH OFFICE, AS FIXED BY THIS TITLE FOR CANDIDATES
   56  WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, PLUS THE  SEVENTY-FIVE  PERCENT
       A. 8902--A                         10

    1  TOTAL  AGGREGATE  GRANT ALREADY RECEIVED BY THE PARTICIPATING CANDIDATE,
    2  THEN (I) SUCH CANDIDATE OR COMMITTEE MUST NOTIFY THE STATE BOARD OF  THE
    3  FACT  WITHIN  TWENTY-FOUR  HOURS  VIA  THE INTERNET USING THE ELECTRONIC
    4  FILING  SYSTEM ESTABLISHED BY THE STATE BOARD, OR IF SUCH CANDIDATE DOES
    5  NOT FILE ELECTRONICALLY VIA THE  INTERNET,  BY  FACSIMILE  OR  OVERNIGHT
    6  MAIL;  AND (II) THE PARTICIPATING COMMITTEE OF EACH PARTICIPATING CANDI-
    7  DATE FOR SUCH OFFICE SHALL BE ENTITLED TO AN ADDITIONAL GRANT OF  PUBLIC
    8  FUNDS  EQUAL  TO TWENTY-FIVE PERCENT OF THE TOTAL AMOUNT OF PUBLIC FUNDS
    9  RECEIVED BY THE  PARTICIPATING  CANDIDATE  FOR  MATCHABLE  CONTRIBUTIONS
   10  OBTAINED AND REPORTED TO THE STATE BOARD. SUCH GRANT SHALL BE PAID WITH-
   11  IN TWO BUSINESS DAYS AND MAY ONLY BE USED FOR QUALIFIED CAMPAIGN EXPEND-
   12  ITURES.
   13    4.  (A) NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS
   14  UNOPPOSED IN A PRIMARY ELECTION SHALL BE ENTITLED TO  PAYMENT  FROM  THE
   15  FUND FOR QUALIFIED CAMPAIGN EXPENDITURES.
   16    (B)  WHERE THERE IS A CONTEST IN SUCH PRIMARY FOR THE NOMINATION OF AT
   17  LEAST ONE OTHER PARTY FOR SUCH OFFICE, THE PARTICIPATING COMMITTEE OF AN
   18  UNOPPOSED PARTICIPATING CANDIDATE FOR NOMINATION MAY RAISE AND SPEND  AN
   19  AMOUNT EQUAL TO ONE-HALF THE EXPENDITURE LIMIT FOR SUCH OFFICE, AS FIXED
   20  BY  THIS  TITLE  FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS,
   21  WITH CONTRIBUTIONS OF UP TO TWO THOUSAND DOLLARS PER CONTRIBUTOR.   SUCH
   22  PAYMENT  CAN  ONLY BE EXPENDED FOR PROPERTY, SERVICES OR FACILITIES USED
   23  ON OR BEFORE THE DATE OF SUCH PRIMARY ELECTION.
   24    5. THE STATE BOARD SHALL PROMPTLY EXAMINE ALL REPORTS OF CONTRIBUTIONS
   25  TO DETERMINE WHETHER, ON THEIR FACE,  THEY  MEET  THE  REQUIREMENTS  FOR
   26  MATCHABLE CONTRIBUTIONS, AND SHALL KEEP A RECORD OF SUCH CONTRIBUTIONS.
   27    6.  THE STATE BOARD SHALL PROMULGATE REGULATIONS FOR THE CERTIFICATION
   28  OF THE AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER, FROM THE FUND  ESTAB-
   29  LISHED  PURSUANT  TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW, TO A
   30  PARTICIPATING CANDIDATE THAT HAS  QUALIFIED  TO  RECEIVE  SUCH  PAYMENT.
   31  THESE  REGULATIONS  SHALL  INCLUDE  THE PROMULGATION AND DISTRIBUTION OF
   32  FORMS ON WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO  BE  REPORTED,  THE
   33  PERIODS  DURING  WHICH  SUCH  REPORTS MUST BE FILED AND THE VERIFICATION
   34  REQUIRED. THE STATE BOARD SHALL INSTITUTE  PROCEDURES  WHICH  WILL  MAKE
   35  POSSIBLE  PAYMENT BY THE FUND WITHIN FOUR BUSINESS DAYS AFTER RECEIPT OF
   36  THE REQUIRED FORMS AND VERIFICATIONS.
   37    S 14-208. CONTRIBUTION AND RECEIPT LIMITATIONS. 1.   IN  ANY  PRIMARY,
   38  SPECIAL  OR GENERAL ELECTION FOR ANY STATEWIDE OFFICE, STATE LEGISLATIVE
   39  OFFICE OR CONSTITUTIONAL CONVENTION DELEGATE NO CONTRIBUTOR MAY  MAKE  A
   40  CONTRIBUTION  TO ANY PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S PARTIC-
   41  IPATING COMMITTEE,  AND  NO  PARTICIPATING  CANDIDATE  OR  PARTICIPATING
   42  COMMITTEE MAY ACCEPT ANY CONTRIBUTION FROM ANY CONTRIBUTOR WHICH, IN THE
   43  AGGREGATE AMOUNT, IS GREATER THAN TWO THOUSAND DOLLARS.
   44    2.  (A) NOTWITHSTANDING THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED
   45  BY THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS,  A
   46  PARTICIPATING CANDIDATE FOR GOVERNOR OR LIEUTENANT GOVERNOR IN A PRIMARY
   47  OR  GENERAL  ELECTION  OR  SUCH  CANDIDATE'S PARTICIPATING COMMITTEE MAY
   48  ACCEPT FROM A STATE PARTY COMMITTEE WHICH HAS NOMINATED  SUCH  CANDIDATE
   49  SERVICES  IN  AN  AMOUNT  WHICH,  IN  THE AGGREGATE, DOES NOT EXCEED TWO
   50  MILLION  FIVE  HUNDRED  THOUSAND  DOLLARS;   PROVIDED,   HOWEVER,   THAT
   51  TWENTY-FIVE  PERCENT  OF  SUCH  AMOUNT  MAY BE ACCEPTED IN THE FORM OF A
   52  TRANSFER.
   53    (B) NOTWITHSTANDING THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED  BY
   54  THIS  TITLE  FOR  CANDIDATES  WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, A
   55  PARTICIPATING CANDIDATE FOR ATTORNEY GENERAL OR COMPTROLLER IN A PRIMARY
   56  OR GENERAL ELECTION OR  SUCH  CANDIDATE'S  PARTICIPATING  COMMITTEE  MAY
       A. 8902--A                         11

    1  ACCEPT  FROM  A STATE PARTY COMMITTEE WHICH HAS NOMINATED SUCH CANDIDATE
    2  SERVICES IN AN AMOUNT WHICH, IN  THE  AGGREGATE,  DOES  NOT  EXCEED  ONE
    3  MILLION  DOLLARS;  PROVIDED,  HOWEVER,  THAT TWENTY-FIVE PERCENT OF SUCH
    4  AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
    5    (C)  NOTWITHSTANDING THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED BY
    6  THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO  ACCEPT  PUBLIC  FUNDS,  A
    7  PARTICIPATING  CANDIDATE  FOR  STATE  SENATOR  IN  A PRIMARY, GENERAL OR
    8  SPECIAL ELECTION OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE MAY  ACCEPT
    9  FROM A STATE PARTY COMMITTEE WHICH HAS NOMINATED SUCH CANDIDATE SERVICES
   10  IN  AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT EXCEED ONE HUNDRED THOU-
   11  SAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE PERCENT OF SUCH AMOUNT
   12  MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
   13    (D)  NOTWITHSTANDING THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED BY
   14  THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO  ACCEPT  PUBLIC  FUNDS,  A
   15  PARTICIPATING CANDIDATE FOR MEMBER OF THE ASSEMBLY IN A PRIMARY, GENERAL
   16  OR  SPECIAL  ELECTION  OR  SUCH  CANDIDATE'S PARTICIPATING COMMITTEE MAY
   17  ACCEPT FROM A STATE PARTY COMMITTEE WHICH HAS NOMINATED  SUCH  CANDIDATE
   18  SERVICES  IN  AN  AMOUNT  WHICH, IN THE AGGREGATE, DOES NOT EXCEED FIFTY
   19  THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE  PERCENT  OF  SUCH
   20  AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
   21    (E)  NOTWITHSTANDING THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED BY
   22  THIS TITLE FOR CANDIDATES WHO HAVE ELECTED TO  ACCEPT  PUBLIC  FUNDS,  A
   23  PARTICIPATING  CANDIDATE  FOR  DELEGATE  AT-LARGE  TO  A  CONSTITUTIONAL
   24  CONVENTION IN A  GENERAL  ELECTION  OR  SUCH  CANDIDATE'S  PARTICIPATING
   25  COMMITTEE  MAY  ACCEPT  FROM A STATE PARTY COMMITTEE WHICH HAS NOMINATED
   26  SUCH CANDIDATE SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE,  DOES  NOT
   27  EXCEED  FIFTY  THOUSAND  DOLLARS;  PROVIDED,  HOWEVER,  THAT TWENTY-FIVE
   28  PERCENT OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
   29    (F) NOTWITHSTANDING THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED  BY
   30  THIS  TITLE  FOR  CANDIDATES  WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS, A
   31  PARTICIPATING  CANDIDATE  FOR  DISTRICT  DELEGATE  TO  A  CONSTITUTIONAL
   32  CONVENTION  IN  A  GENERAL  ELECTION  OR  SUCH CANDIDATE'S PARTICIPATING
   33  COMMITTEE MAY ACCEPT FROM A STATE PARTY COMMITTEE  WHICH  HAS  NOMINATED
   34  SUCH  CANDIDATE  SERVICES IN AN AMOUNT WHICH, IN THE AGGREGATE, DOES NOT
   35  EXCEED TEN THOUSAND DOLLARS; PROVIDED, HOWEVER, THAT TWENTY-FIVE PERCENT
   36  OF SUCH AMOUNT MAY BE ACCEPTED IN THE FORM OF A TRANSFER.
   37    (G) FOR PURPOSES OF THIS SUBDIVISION, THE TERM STATE  PARTY  COMMITTEE
   38  INCLUDES ANY OF ITS SUBCOMMITTEES.
   39    3.  NOTWITHSTANDING  ANY  EXPENDITURE  LIMIT IN THIS SUBDIVISION, EACH
   40  COUNTY COMMITTEE OF ANY PARTY WHICH NOMINATES A CANDIDATE FOR  STATEWIDE
   41  OFFICE  OR  STATE  LEGISLATIVE  OFFICE, INCLUDING WITHIN THE TERM COUNTY
   42  COMMITTEE ANY OF ITS  SUBCOMMITTEES,  MAY  EXPEND  IN  SUPPORT  OF  SUCH
   43  PARTY'S  CANDIDATES FOR STATEWIDE OFFICE OR STATE LEGISLATIVE OFFICE WHO
   44  HAS AGREED TO ACCEPT PUBLIC FINANCING, AN AMOUNT WHICH SHALL NOT  EXCEED
   45  THE  SUM OF TWO CENTS FOR EACH VOTER REGISTERED IN SUCH COUNTY AS DETER-
   46  MINED BY THE RECORDS OF THE APPROPRIATE BOARD OF  ELECTIONS  AS  OF  THE
   47  PRECEDING GENERAL ELECTION.
   48    4.  IN  COMPUTING  THE  AGGREGATE AMOUNT EXPENDED FOR PURPOSES OF THIS
   49  SECTION, EXPENDITURES MADE BY  A  STATE  PARTY  COMMITTEE  OR  A  COUNTY
   50  COMMITTEE IN SUPPORT OF MORE THAN ONE CANDIDATE SHALL BE ALLOCATED AMONG
   51  SUCH  CANDIDATES  SUPPORTED BY THE COMMITTEE IN ACCORDANCE WITH FORMULAS
   52  PROMULGATED BY THE STATE BOARD OR,  IN  THE  ABSENCE  OF  SUCH  OFFICIAL
   53  FORMULAS,  IN ACCORDANCE WITH A FORMULA BASED UPON REASONABLE STANDARDS.
   54  THE STATEMENTS FILED BY SUCH PARTY COMMITTEE  IN  ACCORDANCE  WITH  THIS
   55  CHAPTER  SHALL SET FORTH, IN ADDITION TO THE OTHER INFORMATION REQUIRED,
   56  THE TOTAL AMOUNT EXPENDED BY THE PARTY COMMITTEE ON BEHALF OF  ALL  SUCH
       A. 8902--A                         12

    1  CANDIDATES  AND  THE AMOUNT ALLOCATED TO EACH CANDIDATE BY DOLLAR AMOUNT
    2  AND PERCENTAGE.  EXPENDITURES BY A PARTY FOR  ACTIVITIES  WHICH  DO  NOT
    3  SUPPORT OR OPPOSE THE ELECTION OF ANY CANDIDATE OR CANDIDATES BY NAME OR
    4  BY CLEAR INFERENCE SHALL NOT BE REGARDED AS EXPENDITURES ON BEHALF OF OR
    5  IN OPPOSITION TO A CANDIDATE.
    6    5.  A  PARTICIPATING  CANDIDATE  FOR  A PUBLIC OFFICE FOR WHICH PUBLIC
    7  FUNDS ARE AVAILABLE PURSUANT TO THIS TITLE SHALL NOT ACCEPT ANY CONTRIB-
    8  UTIONS ANY EARLIER THAN ONE DAY AFTER THE PREVIOUS GENERAL ELECTION  FOR
    9  THE OFFICE WHICH SUCH CANDIDATE IS SEEKING, OR ANY LATER THAN THE DAY OF
   10  THE  GENERAL ELECTION FOR THE OFFICE SOUGHT, EXCEPT THAT A PARTICIPATING
   11  CANDIDATE OR PARTICIPATING COMMITTEE WHICH HAS A DEFICIT ON THE  DAY  OF
   12  THE GENERAL ELECTION MAY, AFTER SUCH DATE, ACCEPT CONTRIBUTIONS WHICH DO
   13  NOT EXCEED THE AMOUNT OF SUCH DEFICIT AND THE EXPENSES INCURRED IN RAIS-
   14  ING SUCH CONTRIBUTIONS OR THE EXPENDITURE LIMIT FOR SUCH OFFICE AS FIXED
   15  BY  THIS  TITLE  FOR CANDIDATES WHO HAVE ELECTED TO ACCEPT PUBLIC FUNDS.
   16  CONTRIBUTIONS TO A PARTICIPATING CANDIDATE  OR  PARTICIPATING  COMMITTEE
   17  WHICH  WERE  RECEIVED BEFORE THE EFFECTIVE DATE OF THIS TITLE MAY NOT BE
   18  EXPANDED IN ANY ELECTION FOR ANY SUCH OFFICE.
   19    6. EXCEPT FOR THE LIMITATIONS SPECIFICALLY SET FORTH IN THIS  SECTION,
   20  PARTICIPATING  CANDIDATES  SHALL  BE  SUBJECT  TO THE PROVISIONS OF THIS
   21  ARTICLE.
   22    S 14-210. EXPENDITURE LIMITATIONS. THE FOLLOWING  EXPENDITURE  LIMITA-
   23  TIONS  APPLY  TO  ALL EXPENDITURES BY PARTICIPATING CANDIDATES AND THEIR
   24  PARTICIPATING  COMMITTEES  RECEIVING  PUBLIC  FUNDS  PURSUANT   TO   THE
   25  PROVISIONS OF THIS TITLE:
   26    1.  (A)  IN ANY PRIMARY ELECTION, EXPENDITURES BY PARTICIPATING CANDI-
   27  DATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
   28    (I) FOR GOVERNOR, THE SUM OF ONE DOLLAR AND TEN CENTS FOR  EACH  VOTER
   29  ENROLLED  IN THE CANDIDATE'S PARTY IN THE STATE; PROVIDED, HOWEVER, SUCH
   30  SUM SHALL NOT BE LESS THAN NINE HUNDRED THOUSAND DOLLARS NOR  MORE  THAN
   31  NINE MILLION DOLLARS;
   32    (II) FOR LIEUTENANT GOVERNOR, COMPTROLLER OR ATTORNEY GENERAL, THE SUM
   33  OF  ONE  DOLLAR AND TEN CENTS FOR EACH VOTER ENROLLED IN THE CANDIDATE'S
   34  PARTY IN THE STATE; PROVIDED, HOWEVER, SUCH SUM SHALL NOT BE  LESS  THAN
   35  SIX HUNDRED THOUSAND DOLLARS NOR MORE THAN SIX MILLION DOLLARS;
   36    (III)  FOR  SENATOR,  THE  SUM OF TWO DOLLARS AND FIFTY CENTS FOR EACH
   37  VOTER  ENROLLED  IN  THE  CANDIDATE'S  PARTY  IN  THE  SENATE  DISTRICT;
   38  PROVIDED,  HOWEVER, SUCH SUM SHALL NOT BE LESS THAN THIRTY-FIVE THOUSAND
   39  DOLLARS NOR MORE THAN THREE HUNDRED FIFTY THOUSAND DOLLARS;
   40    (IV) FOR MEMBER OF THE ASSEMBLY, THE SUM  OF  TWO  DOLLARS  AND  FIFTY
   41  CENTS  FOR  EACH VOTER ENROLLED IN THE CANDIDATE'S PARTY IN THE ASSEMBLY
   42  DISTRICT; PROVIDED, HOWEVER, SUCH SUM SHALL NOT  BE  LESS  THAN  FIFTEEN
   43  THOUSAND DOLLARS NOR MORE THAN ONE HUNDRED FIFTY THOUSAND DOLLARS;
   44    (V)  FOR  AT-LARGE DELEGATE TO A CONSTITUTIONAL CONVENTION, THE SUM OF
   45  FIFTEEN CENTS FOR EACH VOTER ENROLLED IN THE CANDIDATE'S  PARTY  IN  THE
   46  STATE;  PROVIDED,  HOWEVER, SUCH SUM SHALL NOT BE LESS THAN SEVENTY-FIVE
   47  THOUSAND  DOLLARS  NOR  MORE  THAN  ONE  HUNDRED  SEVENTY-FIVE  THOUSAND
   48  DOLLARS;
   49    (VI) FOR DISTRICT DELEGATES TO A CONSTITUTIONAL CONVENTION, THE SUM OF
   50  ONE  DOLLAR  AND  TEN  CENTS  FOR EACH VOTER ENROLLED IN THE CANDIDATE'S
   51  PARTY IN THE DISTRICT; PROVIDED, HOWEVER, SUCH SUM  SHALL  NOT  BE  LESS
   52  THAN FIVE THOUSAND DOLLARS NOR MORE THAN FIFTY THOUSAND DOLLARS;
   53    (B)  THE  ENROLLMENT  NUMBERS USED TO CALCULATE THE EXPENDITURE LIMITS
   54  PROVIDED FOR IN THIS SUBDIVISION SHALL BE THE ENROLLMENTS DULY  REPORTED
   55  BY  THE  APPROPRIATE  BOARD OR BOARDS OF ELECTION AS OF THE LAST GENERAL
   56  ELECTION PRECEDING THE PRIMARY ELECTION.
       A. 8902--A                         13

    1    2.  IN ANY GENERAL OR SPECIAL ELECTION, EXPENDITURES BY  PARTICIPATING
    2  CANDIDATES  FOR THE FOLLOWING OFFICES AND BY THEIR PARTICIPATING COMMIT-
    3  TEES SHALL NOT EXCEED THE FOLLOWING AMOUNTS:
    4    CANDIDATES FOR ELECTION TO THE OFFICE OF:
    5    GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED)                $12,000,000
    6    ATTORNEY GENERAL                                           $8,000,000
    7    COMPTROLLER                                                $8,000,000
    8    MEMBER OF SENATE                                           $350,000
    9    MEMBER OF ASSEMBLY                                         $150,000
   10    DELEGATE AT-LARGE TO A CONSTITUTIONAL CONVENTION           $350,000
   11    DISTRICT DELEGATE TO A CONSTITUTIONAL CONVENTION           $75,000
   12    3. PARTICIPATING CANDIDATES FOR OFFICE WHO ARE UNOPPOSED IN THE PRIMA-
   13  RY  ELECTION MAY EXPEND BEFORE THE PRIMARY ELECTION, FOR SERVICES, MATE-
   14  RIALS OR FACILITIES USED ON OR BEFORE THE DATE OF SUCH PRIMARY ELECTION,
   15  AN AMOUNT EQUAL TO HALF THE SUM SUCH CANDIDATES  WOULD  BE  ENTITLED  TO
   16  SPEND  IF  THEIR  NOMINATION  WAS  CONTESTED  IN  SUCH  PRIMARY ELECTION
   17  PROVIDED THERE IS A PRIMARY CONTEST FOR THE NOMINATION OF AT  LEAST  ONE
   18  OTHER PARTY FOR SUCH OFFICE.
   19    4.  EXPENDITURES  FOR LEGAL FEES AND REASONABLE EXPENSES TO DEFEND THE
   20  VALIDITY OF PETITIONS OF DESIGNATION OR NOMINATION  OR  CERTIFICATES  OF
   21  NOMINATION,  ACCEPTANCE,  AUTHORIZATION, DECLINATION OR SUBSTITUTION, OR
   22  TO SUCCESSFULLY CHALLENGE ANY SUCH PETITION OR CERTIFICATE ON GROUNDS OF
   23  FRAUD, OR FOR EXPENSES INCURRED TO  COMPLY  WITH  THE  CAMPAIGN  FINANCE
   24  REPORTING  REQUIREMENTS  OF  THIS  ARTICLE,  SHALL NOT BE SUBJECT TO THE
   25  EXPENDITURE LIMITS OF THIS SUBDIVISION.
   26    S 14-212. EXAMINATIONS AND AUDITS;  REPAYMENTS.  1.  THE  STATE  BOARD
   27  SHALL  CONDUCT A THOROUGH EXAMINATION AND AUDIT OF THE CONTRIBUTIONS AND
   28  QUALIFIED CAMPAIGN EXPENSES OF  THE  PARTICIPATING  COMMITTEE  OF  EVERY
   29  PARTICIPATING CANDIDATE WHO RECEIVED PAYMENTS PURSUANT TO SECTION 14-206
   30  OF THIS TITLE.
   31    2.  (A)  IF THE STATE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT
   32  MADE TO A PARTICIPATING COMMITTEE FROM THE FUND WAS  IN  EXCESS  OF  THE
   33  AGGREGATE  AMOUNT OF PAYMENTS TO WHICH SUCH ELIGIBLE CANDIDATE WAS ENTI-
   34  TLED PURSUANT TO SECTION 14-206 OF THIS  TITLE,  IT  SHALL  NOTIFY  SUCH
   35  COMMITTEE OF THE EXCESS AMOUNT AND SUCH COMMITTEE SHALL PAY TO THE STATE
   36  BOARD AN AMOUNT EQUAL TO THE AMOUNT OF EXCESS PAYMENTS.
   37    (B) IF THE STATE BOARD DETERMINES THAT ANY AMOUNT OF PAYMENT MADE TO A
   38  PARTICIPATING  COMMITTEE  FROM THE FUND WAS USED FOR PURPOSES OTHER THAN
   39  TO DEFRAY QUALIFIED CAMPAIGN EXPENSES, IT SHALL NOTIFY SUCH  PARTICIPAT-
   40  ING  COMMITTEE OF THE AMOUNT DISQUALIFIED AND SUCH PARTICIPATING COMMIT-
   41  TEE SHALL PAY TO THE STATE BOARD AN AMOUNT EQUAL  TO  SUCH  DISQUALIFIED
   42  AMOUNT.
   43    (C)  IF THE TOTAL OF CONTRIBUTIONS AND PAYMENTS FROM THE FUND RECEIVED
   44  BY  ANY  PARTICIPATING  CANDIDATE  AND  SUCH  CANDIDATE'S  PARTICIPATING
   45  COMMITTEE,  EXCEEDS  THE  CAMPAIGN  EXPENDITURES  OF  SUCH CANDIDATE AND
   46  COMMITTEE, SUCH CANDIDATE AND COMMITTEE SHALL USE SUCH EXCESS  FUNDS  TO
   47  REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH COMMITTEE FROM THE FUND
   48  NOT LATER THAN TEN DAYS AFTER ALL PERMISSIBLE LIABILITIES HAVE BEEN PAID
   49  AND  IN ANY EVENT, NOT LATER THAN MARCH THIRTY-FIRST OF THE YEAR FOLLOW-
   50  ING THE YEAR OF THE ELECTION FOR WHICH SUCH PAYMENTS WERE  INTENDED.  NO
   51  SUCH EXCESS FUNDS SHALL BE USED FOR ANY OTHER PURPOSE.
   52    3. IF A COURT OF COMPETENT JURISDICTION DISQUALIFIES A CANDIDATE WHOSE
   53  PARTICIPATING  COMMITTEE  HAS  RECEIVED PUBLIC FUNDS ON THE GROUNDS THAT
   54  SUCH CANDIDATE COMMITTED FRAUDULENT ACTS IN ORDER TO OBTAIN A  PLACE  ON
   55  THE  BALLOT  AND  SUCH  DECISION IS NOT REVERSED BY A HIGHER COURT, SUCH
   56  CANDIDATE AND SUCH CANDIDATE'S PARTICIPATING COMMITTEE SHALL PAY TO  THE
       A. 8902--A                         14

    1  STATE  BOARD  AN  AMOUNT  EQUAL TO THE TOTAL OF PUBLIC FUNDS RECEIVED BY
    2  SUCH PARTICIPATING COMMITTEE.
    3    4.  THE  STATE  BOARD  MUST PROVIDE WRITTEN NOTICE OF ALL PAYMENTS DUE
    4  FROM A PARTICIPATING CANDIDATE OR  SUCH  CANDIDATE'S  COMMITTEE  TO  THE
    5  STATE BOARD AND PROVIDE AN OPPORTUNITY FOR THE CANDIDATE OR COMMITTEE TO
    6  REBUT, IN WHOLE OR IN PART, THE ALLEGED AMOUNT DUE. UPON A FINAL WRITTEN
    7  DETERMINATION  BY  THE  STATE BOARD, THE AMOUNT DUE SHALL BE PAID TO THE
    8  STATE BOARD WITHIN THIRTY DAYS OF SUCH DETERMINATION.
    9    5. ALL PAYMENTS RECEIVED BY THE STATE BOARD PURSUANT TO  THIS  SECTION
   10  SHALL  BE  DEPOSITED  IN THE NEW YORK STATE CAMPAIGN FINANCE FUND ESTAB-
   11  LISHED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
   12    S 14-214. CIVIL PENALTIES. 1. ANY PERSON WHO FAILS TO FILE A STATEMENT
   13  OR RECORD REQUIRED TO BE FILED BY THIS TITLE OR THE RULES OR REGULATIONS
   14  OF THE STATE BOARD IN IMPLEMENTATION THEREOF SHALL BE SUBJECT TO A CIVIL
   15  PENALTY, NOT IN EXCESS OF FIVE THOUSAND DOLLARS, TO BE RECOVERABLE IN  A
   16  SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE STATE BOARD.
   17    2.  IF  THE AGGREGATE AMOUNT OF EXPENDITURES BY A PARTICIPATING CANDI-
   18  DATE AND SUCH CANDIDATE'S PARTICIPATING COMMITTEE EXCEEDS  THE  EXPENDI-
   19  TURE  LIMITATIONS  CONTAINED  IN THIS TITLE SUCH PARTICIPATING CANDIDATE
   20  SHALL BE LIABLE FOR A CIVIL PENALTY IN AN AMOUNT EQUAL  TO  THREE  TIMES
   21  THE  SUM  BY  WHICH SUCH EXPENDITURES EXCEED THE PERMITTED AMOUNT, TO BE
   22  RECOVERABLE IN A SPECIAL PROCEEDING OR CIVIL ACTION BROUGHT BY THE STATE
   23  BOARD.
   24    3. ALL PAYMENTS RECEIVED BY THE STATE BOARD PURSUANT TO  THIS  SECTION
   25  SHALL  BE  DEPOSITED  IN THE NEW YORK STATE CAMPAIGN FINANCE FUND ESTAB-
   26  LISHED BY SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
   27    S 8. The election law is amended by adding a  new  section  16-103  to
   28  read as follows:
   29    S  16-103. PROCEEDINGS AS TO PUBLIC FINANCING. 1. THE DETERMINATION OF
   30  ELIGIBILITY PURSUANT TO SECTION 14-202 OF THIS CHAPTER AND ANY  QUESTION
   31  OR ISSUE RELATING TO PAYMENTS FOR QUALIFIED CAMPAIGN EXPENDITURES PURSU-
   32  ANT  TO  SECTION 14-206 OF THIS CHAPTER MAY BE CONTESTED IN A PROCEEDING
   33  INSTITUTED IN THE SUPREME COURT, ALBANY COUNTY, BY ANY AGGRIEVED  CANDI-
   34  DATE.
   35    2. A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY OR
   36  PAYMENT  FOR  QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO SECTION 14-206
   37  OF THIS CHAPTER SHALL BE INSTITUTED WITHIN SEVEN DAYS AFTER SUCH  DETER-
   38  MINATION  WAS  MADE.  THE  STATE BOARD SHALL BE MADE A PARTY TO ANY SUCH
   39  PROCEEDING.
   40    3. UPON THE STATE BOARD'S FAILURE TO RECEIVE THE  AMOUNT  DUE  FROM  A
   41  PARTICIPATING CANDIDATE OR SUCH CANDIDATE'S COMMITTEE AFTER THE ISSUANCE
   42  OF WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED BY SUBDIVISION FOUR OF
   43  SECTION  14-212 OF THIS CHAPTER, THE STATE BOARD IS AUTHORIZED TO INSTI-
   44  TUTE A SPECIAL PROCEEDING OR CIVIL ACTION IN SUPREME COURT, ALBANY COUN-
   45  TY, TO OBTAIN A JUDGMENT FOR ANY AMOUNTS DETERMINED TO BE PAYABLE TO THE
   46  STATE BOARD AS A RESULT OF AN EXAMINATION AND  AUDIT  MADE  PURSUANT  TO
   47  TITLE II OF ARTICLE FOURTEEN OF THIS CHAPTER.
   48    4.  THE STATE BOARD IS AUTHORIZED TO INSTITUTE A SPECIAL PROCEEDING OR
   49  CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A  JUDGMENT  FOR
   50  CIVIL  PENALTIES DETERMINED TO BE PAYABLE TO THE STATE BOARD PURSUANT TO
   51  SECTION 14-214 OF THIS CHAPTER.
   52    S 9. The election law is amended by adding a new section 4-115 to read
   53  as follows:
   54    S 4-115. NOTICE TO THE STATE BOARD OF ELECTIONS OF CANDIDATES FOR  THE
   55  LEGISLATURE.  1.  EACH BOARD OF ELECTIONS WITH WHICH PETITIONS ARE FILED
   56  FOR MEMBER OF THE STATE LEGISLATURE SHALL, NOT LATER THAN ONE WEEK AFTER
       A. 8902--A                         15

    1  THE LAST DAY TO FILE SUCH PETITIONS, SEND NOTICE TO THE STATE  BOARD  OF
    2  ELECTIONS  OF  SUCH  INFORMATION  ABOUT  EACH SUCH PETITION AS THE STATE
    3  BOARD SHALL REQUIRE.
    4    2.  EACH  SUCH COUNTY BOARD OF ELECTIONS SHALL, NOT LATER THAN THE DAY
    5  AFTER THE LAST DAY TO FILE A PETITION OR CERTIFICATE OF NOMINATION FOR A
    6  GENERAL OR SPECIAL ELECTION OR A CERTIFICATE OF ACCEPTANCE,  DECLINATION
    7  OR  SUBSTITUTION FOR A GENERAL, PRIMARY OR SPECIAL ELECTION FOR ANY SUCH
    8  OFFICE, SEND TO THE STATE BOARD OF ELECTIONS SUCH INFORMATION ABOUT EACH
    9  SUCH PETITION OR CERTIFICATE AS THE STATE BOARD SHALL REQUIRE.
   10    3. IF ANY SUCH COUNTY BOARD OF ELECTIONS SHOULD  DISQUALIFY  ANY  SUCH
   11  CANDIDATE  OR RULE THE PETITION OR CERTIFICATE DESIGNATING OR NOMINATING
   12  ANY SUCH CANDIDATE INVALID, IT SHALL FORTHWITH NOTIFY THE STATE BOARD OF
   13  ELECTIONS OF SUCH DECISION.
   14    4. IF ANY SUCH COUNTY BOARD OF ELECTIONS SHALL BE NOTIFIED OF A  DECI-
   15  SION  OF A COURT OF COMPETENT JURISDICTION DISQUALIFYING ANY SUCH CANDI-
   16  DATE OR DECLARING ANY SUCH PETITION INVALID OR REVERSING ANY SUCH  DECI-
   17  SION  BY  SUCH  BOARD  OF  ELECTIONS  OR  ANOTHER  COURT,  SUCH BOARD OF
   18  ELECTIONS SHALL FORTHWITH NOTIFY THE STATE BOARD OF  ELECTIONS  OF  SUCH
   19  DECISION.
   20    5.  THE  STATE  BOARD OF ELECTIONS MAY PRESCRIBE FORMS FOR THE NOTICES
   21  REQUIRED BY THIS SECTION AND SHALL PRESCRIBE THE MANNER  IN  WHICH  SUCH
   22  NOTICES SHALL BE GIVEN.
   23    S 10. The state finance law is amended by adding a new section 92-t to
   24  read as follows:
   25    S  92-T.  NEW  YORK  STATE CAMPAIGN FINANCE FUND. 1.   THERE IS HEREBY
   26  ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
   27  COMMISSIONER  OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW YORK
   28  STATE CAMPAIGN FINANCE FUND.
   29    2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE NEW  YORK
   30  STATE  CAMPAIGN  FINANCE  FUND  CHECK-OFF  PURSUANT TO SUBSECTION (F) OF
   31  SECTION SIX HUNDRED FIFTY-EIGHT OF THE TAX LAW, FROM THE  GENERAL  FUND,
   32  AND FROM ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER
   33  FUND OR SOURCE PURSUANT TO LAW.
   34    3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
   35  BE  EXPENDED  FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT
   36  TO TITLE II OF ARTICLE FOURTEEN OF THE ELECTION  LAW.  MONEYS  SHALL  BE
   37  PAID  OUT  OF THE FUND ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER
   38  ON VOUCHERS CERTIFIED OR APPROVED BY THE STATE BOARD  OF  ELECTIONS,  OR
   39  ITS DULY DESIGNATED REPRESENTATIVE, IN THE MANNER PRESCRIBED BY LAW, NOT
   40  MORE  THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS RECEIVED BY THE STATE
   41  COMPTROLLER.
   42    4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  IF,  IN  ANY
   43  STATE  FISCAL  YEAR, THE STATE CAMPAIGN FINANCE FUND LACKS THE AMOUNT OF
   44  MONEY TO PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES  AND  CERTIFIED
   45  OR  APPROVED  BY THE STATE BOARD OF ELECTIONS, ANY SUCH DEFICIENCY SHALL
   46  BE PAID, UPON AUDIT AND WARRANT OF THE  STATE  COMPTROLLER,  FROM  FUNDS
   47  DEPOSITED  IN  THE  GENERAL FUND OF THE STATE NOT MORE THAN FOUR WORKING
   48  DAYS AFTER SUCH VOUCHER IS RECEIVED BY THE STATE COMPTROLLER.
   49    5. COMMENCING IN TWO THOUSAND FIFTEEN, IF THE SURPLUS IN THE  FUND  ON
   50  APRIL  FIRST  OF  THE  YEAR  AFTER A YEAR IN WHICH A GOVERNOR IS ELECTED
   51  EXCEEDS TWENTY-FIVE PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER  THE
   52  PREVIOUS  FOUR YEARS, THE EXCESS SHALL REVERT TO THE GENERAL FUND OF THE
   53  STATE.
   54    6. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN  A
   55  PRIMARY  ELECTION ANY EARLIER THAN THE DAY THAT SUCH CANDIDATE IS CERTI-
   56  FIED AS BEING ON THE BALLOT FOR SUCH PRIMARY ELECTION.
       A. 8902--A                         16

    1    7. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN  A
    2  GENERAL  ELECTION  ANY EARLIER THAN THE DAY AFTER THE DAY OF THE PRIMARY
    3  ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
    4    8.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
    5  SPECIAL ELECTION ANY EARLIER THAN THE DAY AFTER THE  LAST  DAY  TO  FILE
    6  CERTIFICATES OF PARTY NOMINATION FOR SUCH SPECIAL ELECTION.
    7    9.  NO  PUBLIC  FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
    8  HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN  DECLARED
    9  INVALID  BY  THE  APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
   10  JURISDICTION UNTIL AND UNLESS SUCH  FINDING  IS  REVERSED  BY  A  HIGHER
   11  AUTHORITY.  NO  PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH A CANDI-
   12  DATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON  THE  DATE  OF  SUCH
   13  DISQUALIFICATION  OR  INVALIDATION  MAY  THEREAFTER  BE EXPENDED FOR ANY
   14  PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE. ALL
   15  SUCH MONEYS SHALL BE REPAID TO THE FUND.
   16    S 11. Section 658 of the tax law is amended by adding a new subsection
   17  (f) to read as follows:
   18    (F) NEW YORK STATE CAMPAIGN FINANCE FUND  CHECK-OFF.    (1)  FOR  EACH
   19  TAXABLE  YEAR  BEGINNING  ON  AND AFTER JANUARY FIRST, TWO THOUSAND TEN,
   20  EVERY INDIVIDUAL WHOSE NEW YORK STATE INCOME TAX LIABILITY FOR THE TAXA-
   21  BLE YEAR FOR WHICH THE RETURN IS FILED  IS  FIVE  DOLLARS  OR  MORE  MAY
   22  DESIGNATE  ON  SUCH  RETURN  THAT FIVE DOLLARS BE PAID INTO THE NEW YORK
   23  STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T  OF  THE
   24  STATE  FINANCE  LAW.    WHERE A HUSBAND AND WIFE FILE A JOINT RETURN AND
   25  HAVE A NEW YORK STATE INCOME TAX LIABILITY  FOR  THE  TAXABLE  YEAR  FOR
   26  WHICH  THE  RETURN  IS  FILED  OF  TEN DOLLARS OR MORE, OR FILE SEPARATE
   27  RETURNS ON A SINGLE FORM, EACH SUCH TAXPAYER MAY  MAKE  SEPARATE  DESIG-
   28  NATIONS  ON  SUCH  RETURN  OF  FIVE DOLLARS TO BE PAID INTO THE NEW YORK
   29  STATE CAMPAIGN FINANCE FUND.
   30    (2) THE COMMISSIONER SHALL TRANSFER TO THE  NEW  YORK  STATE  CAMPAIGN
   31  FINANCE  FUND, ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE STATE
   32  FINANCE LAW, AN AMOUNT EQUAL TO FIVE DOLLARS MULTIPLIED BY THE NUMBER OF
   33  DESIGNATIONS.
   34    (3) FOR PURPOSES OF THIS SUBSECTION, THE INCOME TAX  LIABILITY  OF  AN
   35  INDIVIDUAL  FOR ANY TAXABLE YEAR IS THE AMOUNT OF TAX IMPOSED UNDER THIS
   36  ARTICLE REDUCED BY THE SUM OF THE  CREDITS  (AS  SHOWN  IN  HIS  OR  HER
   37  RETURN) ALLOWABLE UNDER THIS ARTICLE.
   38    (4)  THE DEPARTMENT SHALL INCLUDE A PLACE ON EVERY PERSONAL INCOME TAX
   39  RETURN FORM TO BE FILED BY AN INDIVIDUAL FOR A TAX YEAR BEGINNING ON  OR
   40  AFTER  JANUARY  FIRST,  TWO  THOUSAND TEN, IMMEDIATELY ABOVE THE CERTIF-
   41  ICATION UNDER WHICH THE TAXPAYER IS REQUIRED TO SIGN SUCH FORM, FOR SUCH
   42  TAXPAYER TO MAKE THE DESIGNATIONS DESCRIBED IN  PARAGRAPH  ONE  OF  THIS
   43  SUBSECTION.  SUCH RETURN FORM SHALL CONTAIN A CONCISE EXPLANATION OF THE
   44  PURPOSE OF SUCH OPTIONAL DESIGNATIONS.
   45    S 12. Campaign finance review panel. 1. There is  hereby  created  and
   46  established the "campaign finance review panel". The panel shall consist
   47  of  the  commissioner of taxation and finance, the director of the divi-
   48  sion of the budget, the state comptroller and the  two  members  of  the
   49  state  board  of  elections  who rotate as chairperson of the board. The
   50  commissioner of taxation and finance shall be chairperson.
   51    2. The panel is empowered and it shall be  its  duty  to  monitor  and
   52  review  the  implementation of the 2010 Campaign Finance Reform Act. The
   53  panel shall report to the governor and the legislature on March 31, 2012
   54  and on March 31, 2014. The report  shall  include:  (a)  the  number  of
   55  candidates  qualifying  and  opting  for  public  financing, the amounts
   56  expended for this purpose in the preceding fiscal year and a  projection
       A. 8902--A                         17

    1  of the number of candidates likely to qualify and opt for public financ-
    2  ing  and  their expenditures in future elections; (b) an analysis of the
    3  effect of the 2010 Campaign Finance Reform Act on  political  campaigns,
    4  including  its  effect  on the sources and amounts of private financing,
    5  the level of campaign expenditures, voter participation, the  number  of
    6  candidates  and  the  candidate's  ability  to  campaign effectively for
    7  public office; (c) a review of  the  procedures  utilized  in  providing
    8  public funds to candidates; and (d) such recommended changes in the 2010
    9  Campaign Finance Reform Act as it deems appropriate.
   10    S  13.  Severability. If any clause, sentence, subdivision, paragraph,
   11  section or part of title II of article 14 of the election law, as  added
   12  by  section  seven  of  this  act  be adjudged by any court of competent
   13  jurisdiction to be invalid, such judgment shall not  affect,  impair  or
   14  invalidate the remainder thereof, but shall be confined in its operation
   15  to the clause, sentence, subdivision, paragraph, section or part thereof
   16  directly  involved  in the controversy in which such judgment shall have
   17  been rendered.
   18    S 14. This act  shall  take  effect  immediately;  provided,  however,
   19  candidates  for state comptroller will be eligible to participate in the
   20  public financing system beginning with  the  2010  election,  all  state
   21  candidates  and  constitutional convention delegates will be eligible to
   22  participate in the public  financing  system  beginning  with  the  2014
   23  election  and  state  legislature candidates will be eligible to partic-
   24  ipate in the public financing system beginning with the 2016 election.
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