Amd §§14-200-a, 14-203, 14-205, 14-207, 14-208, 14-209, 14-212 & 14-114, El L; amd §92-t, St Fin L; rpld Part
ZZZ §11, Chap 58 of 2020
Makes technical corrections regarding the public financing of elections; repeals certain provisions relating to establishing the New York state campaign finance fund.
STATE OF NEW YORK
________________________________________________________________________
6703
2025-2026 Regular Sessions
IN ASSEMBLY
March 7, 2025
___________
Introduced by M. of A. WALKER -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law and the state finance law, in relation
to making technical corrections regarding the public financing of
elections; and to repeal certain provisions of part ZZZ of chapter 58
of the laws of 2020 amending the state finance law relating to estab-
lishing the New York state campaign finance fund, relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1, 11, and 19 of section 14-200-a of the
2 election law, as added by section 4 of part ZZZ of chapter 58 of the
3 laws of 2020, are amended to read as follows:
4 1. "authorized committee" means the single political committee desig-
5 nated by a candidate pursuant to [these recommendations] this title to
6 receive contributions and make expenditures in support of the candi-
7 date's campaign for such election.
8 11. (a) "matchable contribution" means a contribution not less than
9 five dollars and not more than an aggregate of two hundred fifty
10 dollars[, for a candidate for public office to be voted on by the voters
11 of the entire state or for nomination to any such office, a contribution
12 for any covered elections held in the same election cycle, made by a
13 natural person who is a resident in the state of New York to a partic-
14 ipating candidate, and for a candidate for election to the state assem-
15 bly or state senate or for nomination to any such office, a contribution
16 for any covered elections held in the same election cycle, made by a
17 natural person who is also a resident of such state assembly or state
18 senate district from which such candidate is seeking nomination or
19 election,] per unique contributor, made to a participating candidate for
20 any covered election held in the same election cycle, that has been
21 reported in full to the PCFB in accordance with sections 14-102 and
22 14-104 of this article by the candidate's authorized committee [and],
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06831-01-5
A. 6703 2
1 has been contributed on or before the day of the applicable primary,
2 general, runoff, or special election, and: (i) is for a candidate for
3 public office to be voted on by the voters of the entire state or for
4 nomination to any such office, and has been made by a natural person who
5 is a resident in the state of New York; or (ii) is for a candidate for
6 election to the state assembly or state senate or for nomination to any
7 such office, and has been made by a natural person who is also a resi-
8 dent of such state assembly or state senate district for which such
9 candidate is seeking nomination or election. Any contribution, contrib-
10 utions, or a portion of a contribution determined to be invalid for
11 matching funds by the PCFB may not be treated as a matchable contrib-
12 ution for any purpose.
13 (b) The following contributions are not matchable:
14 (i) loans;
15 (ii) in-kind contributions of property, goods, or services;
16 (iii) contributions in the form of the purchase price paid for an item
17 with significant intrinsic and enduring value;
18 (iv) transfers from a party or constituted committee;
19 (v) anonymous contributions;
20 (vi) contributions whose source is not itemized as required by [these
21 recommendations] this title;
22 (vii) contributions gathered during a previous election cycle;
23 (viii) illegal contributions;
24 (ix) contributions from minors;
25 (x) contributions from vendors for campaigns hired by the candidate
26 for such election cycle;
27 (xi) contributions from lobbyists registered pursuant to subdivision
28 (a) of section one-c of the legislative law; and
29 (xii) any portion of a contribution when the aggregate contributions
30 within the election cycle are in excess of two hundred fifty dollars
31 from any one contributor to such participating candidate for nomination
32 or election.
33 19. "surplus" means those funds where the total sum of contributions
34 received and public [matchable] matching funds received by a participat-
35 ing candidate and [his or her] the candidate's authorized committee
36 exceeds the total campaign expenditures of such candidate and authorized
37 committee for all covered elections held in the same calendar year or
38 for a special election to fill a vacancy.
39 § 2. Subparagraphs (iii), (iv), and (v) of paragraph (i) of subdivi-
40 sion 1 and subdivision 2 of section 14-203 of the election law, as added
41 by section 4 of part ZZZ of chapter 58 of the laws of 2020, are amended
42 to read as follows:
43 (iii) Nothing in this section shall be interpreted to require a candi-
44 date who retains funds raised during any previous election cycle to
45 forfeit such funds. Funds raised during a previous election cycle may be
46 retained and used by the candidate for the candidate's campaign in the
47 next election cycle but funds shall not qualify for satisfying the
48 threshold for participating in the public campaign finance program
49 established in this title nor shall they be eligible to be matched. [The
50 PCFB shall adopt regulations to ensure that contributions that would
51 satisfy the applicable contribution limits authorized in this title
52 shall be transferred into the appropriate campaign account.] Only
53 contributions that would satisfy the applicable contribution limits
54 authorized by this title shall be transferred into the appropriate
55 campaign account. The PCFB shall adopt regulations to ensure compliance
56 with this subparagraph.
A. 6703 3
1 (iv) Contributions received and expenditures made by the candidate or
2 an authorized committee of the candidate prior to the effective date of
3 this title shall not constitute a violation of this title. Unexpended
4 contributions shall be treated the same as [campaign surpluses] funds
5 raised during a previous election cycle under subparagraph (iii) of this
6 paragraph. Nothing in this recommendation shall be construed to limit,
7 in any way, any candidate or public official from expending any portion
8 of pre-existing campaign funds for any lawful purpose other than those
9 related to [his or her] the candidate's or public official's campaign.
10 (v) A candidate who has raised matchable contributions but, in the
11 case of a covered primary, general or special election, is not opposed
12 by another candidate on the ballot who is not a write-in candidate, or
13 who chooses not to accept [matchable] matching funds, may retain such
14 contributions and apply them in accord with this title to the candi-
15 date's next campaign, should there be one, in the next election cycle.
16 2. Threshold for eligibility. (a) The threshold for eligibility for
17 public funding for participating candidates shall be in the case of:
18 (i) governor, not less than five hundred thousand dollars in contrib-
19 utions [including at least five thousand matchable contributions shall
20 be counted toward this qualifying threshold] from residents of the state
21 of New York, including matchable contributions from at least five thou-
22 sand unique contributors;
23 (ii) lieutenant governor, attorney general and comptroller, not less
24 than one hundred thousand dollars in contributions [including at least
25 one thousand matchable contributions shall be counted toward this quali-
26 fying threshold] from residents of the state of New York, including
27 matchable contributions from at least one thousand unique contributors;
28 (iii) state senator, except as otherwise provided in paragraph (c) of
29 this subdivision, not less than twelve thousand dollars in contributions
30 [including at least one hundred fifty matchable contributions shall be
31 counted toward this qualifying threshold] from residents of the district
32 in which the seat is to be filled, including matchable contributions
33 from at least one hundred fifty unique contributors; and
34 (iv) member of the assembly, except as otherwise provided in paragraph
35 (c) of this subdivision, not less than six thousand dollars in contrib-
36 utions [including at least seventy-five matchable contributions shall be
37 counted toward this qualifying threshold] from residents of the district
38 in which the seat is to be filled, including matchable contributions
39 from at least seventy-five unique contributors.
40 (b) However, solely for purposes of achieving the monetary thresholds
41 in paragraph (a) of this subdivision, the first two hundred fifty
42 dollars of any contribution of more than two hundred fifty dollars to a
43 candidate or a candidate's committee which would otherwise be matchable
44 except that it comes from a contributor who has contributed more than
45 two hundred fifty dollars to such candidate or candidate's committee, is
46 deemed to be a matchable contribution and shall count toward satisfying
47 such monetary threshold but shall not otherwise be considered a matcha-
48 ble contribution.
49 (c) With respect to the minimum dollar threshold for participating
50 candidates for state senate and state assembly, in such districts where
51 [average median income ("AMI") is below the AMI as determined by the
52 United States Census Bureau three years before such election for which
53 public funds are sought] the average of the district's median income as
54 determined by the bureau of the census of the United States department
55 of commerce for the three years prior to such election is below the
56 median income for the state according to the most recent census data
A. 6703 4
1 available, such minimum dollar threshold for eligibility shall be
2 reduced by one-third. The PCFB shall make public which districts are
3 subject to such reduction no later than two years before the first
4 primary election for which funding is sought.
5 (d) Any participating candidate meeting the threshold for eligibility
6 in a primary election for one of the foregoing offices shall be
7 [applied] deemed to satisfy the threshold for eligibility for such
8 office in any other subsequent election held in the same calendar year.
9 Any participating candidate who is nominated in a primary election and
10 has participated in the public financing program set forth in this
11 title[, must] shall also participate in the public financing program in
12 the general election for such office.
13 § 3. Subdivisions 2 and 4 of section 14-205 of the election law, as
14 added by section 4 of part ZZZ of chapter 58 of the laws of 2020, are
15 amended to read as follows:
16 2. Calculation of payment. (a) In any election for a public office to
17 be voted on by the voters of the entire state or for nomination to any
18 such office, if the threshold for eligibility is met, the participating
19 candidate's authorized committee shall receive payment for qualified
20 campaign expenditures of six dollars of public matching funds for each
21 one dollar of matchable contributions, obtained and reported to the PCFB
22 in accordance with the provisions of this title. The maximum payment of
23 public matching funds shall be limited to the amounts set forth in
24 [this] section 14-204 of this title for the covered election.
25 (b) In any election for state senate or state assembly or for nomi-
26 nation to any such office, if the threshold for eligibility is met, the
27 participating candidate's authorized committee shall receive payment for
28 qualified campaign expenditures for matchable contributions of eligible
29 private funds per contributor, obtained, and reported to the PCFB here-
30 in, of: twelve dollars of public matching funds for each of the first
31 fifty dollars of matchable contributions; nine dollars of public match-
32 ing funds for each of the next one hundred dollars of public matchable
33 contributions; and eight dollars for [the] each of the next one hundred
34 dollars of public matchable contributions. The maximum payment of public
35 matching funds shall be limited to the amounts set forth in this section
36 for the covered election.
37 4. Notwithstanding any provision of this section to the contrary, the
38 amount of public funds payable to a participating candidate on the
39 ballot in any covered election shall not exceed one-quarter of the maxi-
40 mum public funds payment otherwise applicable [and no participating
41 candidate shall be eligible to receive a disbursement of public funds
42 prior to two weeks after the last day to file designating petitions for
43 a primary election] unless the participating candidate is opposed by a
44 competitive candidate. The PCFB shall, by regulation, set forth objec-
45 tive standards to determine whether a candidate is competitive and the
46 procedures for qualifying for the payment of public funds.
47 § 4. Subdivisions 1 and 2 of section 14-207 of the election law, as
48 added by section 4 of part ZZZ of chapter 58 of the laws of 2020, are
49 amended to read as follows:
50 1. There shall be a public campaign finance board within the state
51 board of elections that shall be comprised of the following commission-
52 ers: the four state board of elections commissioners and three addi-
53 tional commissioners, one jointly appointed by the legislative leaders
54 of one major political party in each house of the legislature, one
55 jointly appointed by the legislative leaders of the other major poli-
56 tical party in each house of the legislature, and one of whom shall be
A. 6703 5
1 appointed by the governor. Each commissioner must be a New York state
2 resident and registered voter, and may not currently be, or within the
3 previous five years have been, an officer of a political party or poli-
4 tical committee as defined in the election law, or a registered lobby-
5 ist. The chair of the PCFB shall be designated by the PCFB from among
6 the three additional commissioners. Each of the three additional commis-
7 sioners shall receive a per diem of three hundred fifty dollars for work
8 actually performed not to exceed twenty-five thousand dollars in any one
9 calendar year. They shall be considered public officers for purposes of
10 sections seventy-three-a and seventy-four of the public officers law.
11 The three commissioners so appointed pursuant to this recommendation
12 will be appointed for a term of five years to commence on July first,
13 two thousand twenty and may be removed by [his or her] their appointing
14 authority solely for substantial neglect of duty, gross misconduct in
15 office, or inability to discharge the power or duties of office, after
16 written notice and opportunity to be heard. During the [period of his or
17 her] term as a commissioner appointed hereunder, each such commissioner
18 is barred from making, or soliciting from other persons, any contrib-
19 utions to candidates for election to the offices of governor, lieutenant
20 governor, attorney general, comptroller, member of the assembly, or
21 state senator. Any vacancy occurring on the PCFB shall be filled within
22 thirty days of its occurrence in the same manner as the member whose
23 vacancy is being filled was appointed. A person appointed to fill a
24 vacancy occurring other than by expiration of a term of office shall be
25 appointed for the unexpired term of the member [he or she] such person
26 succeeds. Four members of the PCFB shall constitute a quorum, and the
27 PCFB shall have the power to act by majority vote of the total number of
28 members of the commission without vacancy. All members of the PCFB shall
29 be appointed no later than the first day of July, two thousand twenty
30 and the PCFB shall promulgate such regulations as are needed no later
31 than the first day of July, two thousand twenty-one.
32 2. The PCFB and state board of elections may utilize existing state
33 board of elections staff and hire such other staff as are necessary to
34 carry out its duties. It may expand its staffing, as needed, to provide
35 additional candidate liaisons to assist candidates in complying with the
36 terms of this public campaign finance system as provided for in [these
37 recommendations] this title, as well as auditors, trainers, attorneys,
38 technical staff and other such staff as the PCFB determines is necessary
39 to administer this system. Annually, on or before the first of every
40 year, the PCFB shall submit to the governor and the division of the
41 budget a request for appropriations for the next state fiscal year to
42 fully support the administration of the public campaign finance program
43 established in this title.
44 § 5. Paragraph (a) of subdivision 2 and subdivision 3 of section
45 14-208 of the election law, as added by section 4 of part ZZZ of chapter
46 58 of the laws of 2020, are amended to read as follows:
47 (a) If the PCFB determines that any portion of the payment made to a
48 candidate's authorized committee from the fund was in excess of the
49 aggregate amount of payments that such candidate was eligible to receive
50 pursuant to this title, it shall notify such committee and such commit-
51 tee shall pay to the PCFB an amount equal to the amount of excess
52 payments. Such committee shall first utilize [the surplus] any excess
53 payments of the public matching funds for repayment of such sums and
54 then such other funds as it may have. Provided, however, that if the
55 erroneous payment was the result of an error by the PCFB, then the erro-
56 neous payment will be deducted from any future payment, if any, and if
A. 6703 6
1 no future payment is to be made then neither the candidate nor the
2 committee shall be liable to repay the excess amount to the PCFB. The
3 candidate and the candidate's authorized committee are jointly and
4 severally liable for any repayments to the PCFB.
5 3. Rules and regulations. (a) The PCFB shall promulgate regulations
6 for the certification of the amount of funds payable by the comptroller
7 from the fund established pursuant to section ninety-two-t of the state
8 finance law, to a participating candidate that has qualified to receive
9 such payment. These regulations shall include the promulgation and
10 distribution of forms on which contributions and expenditures are to be
11 reported, the periods during which such reports must be filed, and the
12 verification required. The PCFB shall institute procedures which will
13 make possible payment by the fund within [four business days after
14 receipt of the required forms and verifications] the time limits
15 provided in section 14-205 of this title.
16 (b) All rules and regulations promulgated pursuant to this [recommen-
17 dation] title shall be promulgated pursuant to the state administrative
18 procedure act. The PCFB's determinations pursuant to such regulations
19 and [these recommendations] this title shall be deemed final.
20 § 6. Subdivision 1 of section 14-209 of the election law, as added by
21 section 4 of part ZZZ of chapter 58 of the laws of 2020, is amended to
22 read as follows:
23 1. Civil penalties. Violations of any provisions regarding public
24 campaign financing stated in this title or regulation promulgated pursu-
25 ant to this title shall be subject to a civil penalty in an amount not
26 in excess of fifteen thousand dollars and such other lesser fines as the
27 PCFB may promulgate in regulation. Such regulations shall include a
28 schedule of fines for alleged failures to file, late reports and noticed
29 deficiencies, including fines that the PCFB may assess directly on
30 violators. Candidates may contest alleged [failures to file, late
31 reports and reports with noticed deficiencies and have an opportunity
32 to] infractions and may be heard by the PCFB in accordance with subdivi-
33 sion two of this section. [The PCFB shall promulgate a regulation
34 setting forth a schedule of fines for such infractions including those
35 that it may assess directly on violators.] The PCFB shall investigate
36 referrals and complaints. After investigation, it may recommend dismiss-
37 al, settlement, civil action, or referral to law enforcement. The PCFB
38 may assess penalties and it is authorized to commence a civil action in
39 court to enforce all penalties and recover money due.
40 § 7. Section 14-212 of the election law, as added by section 4 of part
41 ZZZ of chapter 58 of the laws of 2020, is amended to read as follows:
42 § 14-212. Severability. 1. If any clause, sentence, paragraph, subdi-
43 vision, section or part of this article shall be determined by any court
44 of competent jurisdiction to be invalid, such judgment shall not affect,
45 impair or invalidate the remainder thereof, but shall be confined in its
46 operation to the particular clause, sentence, paragraph, subdivision,
47 section or part thereof directly found invalid in the judgment rendered.
48 It is hereby declared to be the intent of the legislature that this
49 article would have been enacted even if such invalid provisions had not
50 been included herein.
51 2. If any clause, sentence, or other portion of paragraph (c) of
52 subdivision two of section 14-203 of this title be adjudged by any court
53 of competent jurisdiction to be invalid, then subparagraphs (iii) and
54 (iv) of paragraph (a) of subdivision two of section 14-203 of this title
55 shall read as follows:
A. 6703 7
1 (iii) state senator, except as otherwise provided in paragraph (c) of
2 this subdivision, not less than ten thousand dollars in [matchable
3 contributions including at least one hundred and fifty matchable
4 contributions in an amount greater than five dollars and no greater than
5 the limits in this chapter, of which the first two hundred fifty dollars
6 shall be counted toward this qualifying threshold] contributions from
7 residents of the district in which the seat is to be filled, including
8 matchable contributions from at least one hundred fifty unique contribu-
9 tors; and
10 (iv) member of the assembly, except as otherwise provided in paragraph
11 (c) of this subdivision, not less than five thousand dollars in [matcha-
12 ble] contributions [including at least seventy-five matchable contrib-
13 utions in an amount greater than five dollars and no greater than the
14 limits in this chapter, of which the first two hundred fifty dollars
15 shall be counted toward this qualifying threshold] from residents of the
16 district in which the seat is to be filled, including matchable contrib-
17 utions from at least seventy-five unique contributors.
18 § 8. Subdivision 6 of section 92-t of the state finance law, as added
19 by section 5 of part ZZZ of chapter 58 of the laws of 2020, is amended
20 to read as follows:
21 6. No public funds shall be paid to any participating candidates in a
22 primary election any earlier than [thirty days after designating
23 petitions or certificates of nomination have been filed] one hundred
24 twenty days before the primary election and not later than thirty days
25 after such primary election.
26 § 9. Paragraphs a, b and c of subdivision 1 of section 14-114 of the
27 election law, as amended by chapter 105 of the laws of 2023, are
28 amended to read as follows:
29 a. In any election for a public office to be voted on by the voters of
30 the entire state, or for nomination to any such office, no contributor
31 may make a contribution to any candidate or political committee, not
32 participating in the state's public campaign financing system pursuant
33 to title two of this article and no such candidate or political commit-
34 tee may accept any contribution from any contributor, which is in the
35 aggregate amount greater than eighteen thousand dollars divided equally
36 among the primary and general election in an election cycle; provided
37 however, that the maximum amount which may be so contributed or
38 accepted, in the aggregate, from any candidate's child, parent, grand-
39 parent, [brother and sister] sibling, and the spouse of any such
40 persons, shall not exceed in the case of any nomination to public office
41 an amount equivalent to the product of the number of enrolled voters in
42 the candidate's party in the state, excluding voters in inactive status,
43 multiplied by $.025, and in the case of any election for a public
44 office, an amount equivalent to the product of the number of registered
45 voters in the state excluding voters in inactive status, multiplied by
46 $.025.
47 b. In any nomination or election of a candidate not participating in
48 the state's public campaign financing system pursuant to title two of
49 this article, no such candidate or political committee may accept any
50 contribution from any contributor, which is in the aggregate amount
51 greater than: (i) in the case of a nomination or election for state
52 senator, ten thousand dollars, divided equally among the primary and
53 general election in an election cycle; and (ii) in the case of a nomi-
54 nation or election for member of the assembly, six thousand dollars,
55 divided equally among the primary and general election in an election
56 cycle; provided however, that the maximum amount which may be so
A. 6703 8
1 contributed or accepted, in the aggregate, from such candidate's child,
2 parent, grandparent, [brother and sister] sibling, and the spouse of any
3 such persons, shall not exceed in the case of any nomination for state
4 senator or member of the assembly an amount equivalent to the number of
5 enrolled voters in the candidate's party in the district in which [he or
6 she] such person is a candidate, excluding voters in inactive status,
7 multiplied by $.25 and in the case of any election for state senator or
8 member of the assembly, an amount equivalent to the number of registered
9 voters in the district, excluding voters in inactive status, multiplied
10 by $.25; provided, however, in the case of a nomination or election of a
11 state senator, twenty thousand dollars, whichever is greater, or in the
12 case of a nomination or election of a member of the assembly twelve
13 thousand five hundred dollars, whichever is greater, but in no event
14 shall any such maximum exceed one hundred thousand dollars.
15 c. In any election for a public office to be voted on by the voters of
16 the entire state, or for nomination to any such office, no contributor
17 may make a contribution to any candidate or political committee in
18 connection with a candidate who is not a participating candidate as
19 defined in subdivision fourteen of section 14-200-a of this article, and
20 no such candidate or political committee may accept any contribution
21 from any contributor, which is in the aggregate amount greater than
22 eighteen thousand dollars, divided equally among the primary and general
23 election in an election cycle[; provided however, that the maximum
24 amount which may be so contributed or accepted, in the aggregate, from
25 any candidate's child, parent, grandparent, brother and sister, and the
26 spouse of any such persons, shall not exceed in the case of any nomi-
27 nation to public office an amount equivalent to the product of the
28 number of enrolled voters in the candidate's party in the state, exclud-
29 ing voters in inactive status, multiplied by $.025, and in the case of
30 any election for a public office, an amount equivalent to the product of
31 the number of registered voters in the state, excluding voters in inac-
32 tive status, multiplied by $.025].
33 § 10. Section 11 of part ZZZ of chapter 58 of the laws of 2020 amend-
34 ing the state finance law relating to establishing the New York state
35 campaign finance fund, is REPEALED.
36 § 11. This act shall take effect immediately.
