ADDABBO, BAILEY, BROUK, CLEARE, COONEY, FELDER, FERNANDEZ, GONZALEZ, MARTINEZ, MAY, PARKER,
PERSAUD, RYAN S, SALAZAR, SCARCELLA-SPANTON, SEPULVEDA, WEBB
MLTSPNSR
Amd §§14-200-a, 14-203, 14-204, 14-205, 14-206, 14-207, 14-208 & 14-212, El L; rpld Part ZZZ §11, Chap 58 of
2020
Amends provisions relating to public campaign financing; changes certain thresholds and procedures; permits retention of matching funds for future use; specifies when a candidate is opposed by a competitive candidate; requires a disclosure on political communications.
STATE OF NEW YORK
________________________________________________________________________
3668
2025-2026 Regular Sessions
IN SENATE
January 29, 2025
___________
Introduced by Sens. SKOUFIS, ADDABBO, BAILEY, BROUK, CLEARE, COONEY,
FELDER, FERNANDEZ, GONZALEZ, MARTINEZ, MAY, PARKER, PERSAUD, S. RYAN,
SALAZAR, SCARCELLA-SPANTON, SEPULVEDA, WEBB -- read twice and ordered
printed, and when printed to be committed to the Committee on
Elections
AN ACT to amend the election law, in relation to public campaign financ-
ing; and to repeal section 11 of part ZZZ of chapter 58 of the laws of
2020 amending the election law relating to public financing for state
office; amending the state finance law relating to establishing the
New York state campaign finance fund; and amending the tax law relat-
ing to establishing the NYS campaign finance fund check-off, relating
to the severability of the provisions thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 11 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, is amended to read as follows:
4 (a) "matchable contribution" means a contribution not less than five
5 dollars and not more than two hundred fifty dollars, for a candidate for
6 public office to be voted on by the voters of the entire state or for
7 nomination to any such office, a contribution for any covered elections
8 held in the same election cycle, made by a natural person who is a resi-
9 dent in the state of New York to a participating candidate, and for a
10 candidate for election to the state assembly or state senate or for
11 nomination to any such office, a contribution for any covered elections
12 held in the same election cycle, made by a natural person who at the
13 time such contribution is made is also a resident of such state assembly
14 or state senate district from which such candidate is seeking nomination
15 or election, that has been reported in full to the PCFB in accordance
16 with sections 14-102 and 14-104 of this article by the candidate's
17 authorized committee and has been contributed on or before the day of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01543-01-5
S. 3668 2
1 the applicable primary, general, runoff, or special election. Any
2 contribution, contributions, or a portion of a contribution determined
3 to be invalid for matching funds by the PCFB may not be treated as a
4 matchable contribution for any purpose.
5 § 2. Subdivision 19 of section 14-200-a of the election law, as added
6 by section 4 of part ZZZ of chapter 58 of the laws of 2020, is amended
7 to read as follows:
8 19. "surplus" means [those funds where the total sum of contributions
9 received and] the difference between public [matchable] matching funds
10 received by a participating candidate and [his or her] such candidate's
11 authorized committee [exceeds the total campaign expenditures of such
12 candidate and authorized committee] for all covered elections held in
13 the same calendar year or for a special election to fill a vacancy and
14 the total such candidate and such candidate's authorized committee spent
15 on qualified campaign expenditures; provided that in cases where quali-
16 fied campaign expenditures of such candidate exceed public matching
17 funds received by such candidate and such candidate's authorized commit-
18 tee for all covered elections held in the same calendar year or for a
19 special election to fill a vacancy, the surplus is zero.
20 § 3. Section 14-203 of the election law, as added by section 4 of part
21 ZZZ of chapter 58 of the laws of 2020, is amended to read as follows:
22 § 14-203. Eligibility. 1. Terms and conditions. To be eligible for
23 [voluntary public financing] public matching funds under this title, a
24 candidate must:
25 (a) be a candidate in a covered election;
26 (b) meet all the requirements of law to have [his or her] such candi-
27 date's name on the ballot, subject to the requirements of subdivision
28 three of section 1-104 and subdivision one of section 6-142 of this
29 chapter;
30 (c) in the case of a covered general or special election, be opposed
31 by another candidate on the ballot who is not a write-in candidate;
32 (d) submit a certification in the form of an affidavit, in such form
33 as may be prescribed by the PCFB, that sets forth [his or her] such
34 candidate's acceptance of and agreement to comply with the terms and
35 conditions for the provision of such funds in each covered election and
36 such certification shall be submitted at least four months before a
37 primary election and on the last day in which a certification of nomi-
38 nation is filed in a special election pursuant to a schedule promulgated
39 by the PCFB;
40 (e) be certified as a participating candidate by the PCFB;
41 (f) not make, and not have made, expenditures from or use [his or her]
42 such candidate's personal funds or property or the personal funds or
43 property jointly held with [his or her] such candidate's spouse, or
44 unemancipated children in connection with [his or her] such candidate's
45 nomination for election or election to a covered office, but may make a
46 contribution to [his or her] such candidate's authorized committee in an
47 amount that does not exceed three times the applicable contribution
48 limit from an individual contributor to candidates for the office that
49 [he or she] such candidate is seeking;
50 (g) meet the threshold for eligibility set forth in subdivision two of
51 this section;
52 (g-1) not owe any payments, repayments, or civil penalties pursuant to
53 this title or any regulations promulgated thereunder, or any similar
54 payments, repayments, or civil penalties under any local public campaign
55 finance program within the previous ten years;
S. 3668 3
1 (h) continue to abide by all requirements during the post-election
2 period; and
3 (i) not have accepted contributions in amounts exceeding the contrib-
4 ution limits set forth for candidates in paragraphs a and b of subdivi-
5 sion one of section 14-114 of this article during the election cycle for
6 which the candidate seeks certification;
7 (i) Provided however, that, if a candidate accepted contributions
8 exceeding such limits, such acceptance shall not prevent the candidate
9 from being certified by the PCFB if the candidate in a reasonable time,
10 as determined by rule, pays to the fund or returns to the contributor
11 the portion of any contribution that exceeded the applicable contrib-
12 ution limit.
13 (ii) If the candidate is unable to return such funds in a reasonable
14 time, as determined by rule, because they have already been spent,
15 acceptance of contributions exceeding the limits shall not prevent the
16 candidate from being certified by the PCFB if the candidate submits an
17 affidavit agreeing to pay to the fund all portions of any contributions
18 that exceeded the limit no later than thirty days before the general
19 election. If a candidate provides the PCFB with such an affidavit, any
20 disbursement of public funds to the candidate shall be reduced by no
21 more than twenty-five percent until the total amount owed by the candi-
22 date is repaid.
23 (iii) Nothing in this section shall be interpreted to require a candi-
24 date who retains funds raised during any previous election cycle to
25 forfeit such funds. Funds raised during a previous election cycle may be
26 retained and used by the candidate for the candidate's campaign in the
27 next election cycle but funds shall not qualify for satisfying the
28 threshold for participating in the public campaign finance program
29 established in this title nor shall they be eligible to be matched. The
30 PCFB shall adopt regulations to ensure that contributions that would
31 satisfy the applicable contribution limits authorized in this title
32 shall be transferred into the appropriate campaign account.
33 (iv) Contributions received and expenditures made by the candidate or
34 an authorized committee of the candidate prior to the effective date of
35 this title shall not constitute a violation of this title. Unexpended
36 contributions shall be treated the same as campaign surpluses under
37 subparagraph (iii) of this paragraph. Nothing in this recommendation
38 shall be construed to limit, in any way, any candidate or public offi-
39 cial from expending any portion of pre-existing campaign funds for any
40 lawful purpose other than those related to [his or her] such candidate's
41 campaign.
42 (v) A candidate who has raised matchable contributions but, in the
43 case of a covered primary, general or special election, is not opposed
44 by another candidate on the ballot who is not a write-in candidate, or
45 who chooses not to accept matchable funds, may retain such contributions
46 and apply them in accord with this title to the candidate's next
47 campaign, should there be one, in the next election cycle.
48 (vi) The total amount of public matching funds available to a partic-
49 ipating candidate and such candidate's authorized committee for a
50 covered general election pursuant to subdivision two of section 14-204
51 of this title shall be reduced by any unexpended public matching funds
52 received by such candidate and such candidate's authorized committee for
53 a covered primary election.
54 2. Threshold for eligibility. (a) The threshold for eligibility for
55 public funding for participating candidates shall be in the case of:
S. 3668 4
1 (i) governor, not less than five hundred thousand dollars in contrib-
2 utions including at least five thousand matchable contributions shall be
3 counted toward this qualifying threshold;
4 (ii) lieutenant governor, attorney general and comptroller, not less
5 than one hundred thousand dollars in contributions including at least
6 one thousand matchable contributions shall be counted toward this quali-
7 fying threshold;
8 (iii) state senator, except as otherwise provided in paragraph (c) of
9 this subdivision, not less than [twelve] twenty-four thousand dollars in
10 contributions including at least [one] three hundred fifty matchable
11 contributions shall be counted toward this qualifying threshold; and
12 (iv) member of the assembly, except as otherwise provided in paragraph
13 (c) of this subdivision, not less than [six] ten thousand dollars in
14 contributions including at least [seventy-five] one hundred forty-five
15 matchable contributions shall be counted toward this qualifying thresh-
16 old.
17 (b) [However, solely for] For purposes of achieving the monetary
18 thresholds in paragraph (a) of this subdivision, [the first two hundred
19 fifty dollars of] any portion of a contribution [of more than] when the
20 aggregate of contributions are in excess of two hundred fifty dollars
21 from any one contributor to a candidate or a candidate's committee which
22 would otherwise be matchable except that it comes from a contributor who
23 has contributed more than two hundred fifty dollars to such candidate or
24 candidate's committee, [is deemed to be a matchable contribution and]
25 shall not count toward satisfying such monetary threshold [but shall
26 not] or otherwise be considered a matchable contribution.
27 (c) With respect to the minimum dollar threshold for participating
28 candidates for state senate and state assembly, in such districts where
29 average median income ("AMI") is below the AMI as determined by the
30 United States Census Bureau three years before such election for which
31 public funds are sought, such minimum dollar threshold for eligibility
32 shall be reduced [by one-third] to sixteen thousand dollars for the
33 senate and six thousand dollars for the assembly. The PCFB shall make
34 public which districts are subject to such reduction no later than two
35 years before the first primary election for which funding is sought.
36 (d) Any participating candidate meeting the threshold for eligibility
37 in a primary election for one of the foregoing offices shall be applied
38 to satisfy the threshold for eligibility for such office in any other
39 subsequent election held in the same calendar year. Any participating
40 candidate who is nominated in a primary election and has participated in
41 the public financing program set forth in this title, [must] shall not
42 be required to participate in the public financing program for the
43 general election for such office should they choose to run in the gener-
44 al election.
45 § 4. Subdivisions 1, 2 and 5 of section 14-204 of the election law, as
46 added by section 4 of part ZZZ of chapter 58 of the laws of 2020, are
47 amended to read as follows:
48 1. In any primary election, receipt of public funds by participating
49 candidates and by their participating committees shall not exceed:
50 (a) for Governor $3,500,000
51 (b) for Lieutenant Governor, Attorney General or Comptroller $3,500,000
52 (c) for State Senator $375,000
53 (d) for Member of the Assembly [$175,000]
54 $145,000
55 2. In any general or special election, receipt of public funds by a
56 participating candidate's authorized committees shall not exceed:
S. 3668 5
1 (a) for Governor and Lieutenant Governor (combined) $3,500,000
2 (b) for Attorney General $3,500,000
3 (c) for Comptroller $3,500,000
4 (d) for State Senator $375,000
5 (e) for Member of the Assembly [$175,000]
6 $145,000
7 5. A candidate only on the ballot in one or more primary elections in
8 which the number of persons eligible to vote for party nominees in each
9 such election totals fewer than [one thousand] seven thousand five
10 hundred shall not receive public funds in excess of five thousand
11 dollars for qualified campaign expenditures in such election or
12 elections; provided, however, such candidate may receive up to five
13 thousand dollars per each additional one thousand voters over the first
14 seven thousand five hundred voters but shall not receive public funds in
15 excess of fifteen thousand dollars total for qualified campaign expendi-
16 tures in such election or elections. For the purposes of this section,
17 the number of persons eligible to vote for party nominees in a primary
18 election shall be as determined by the state board of elections for the
19 calendar year of the primary election. A candidate for office on the
20 ballot in more than one primary for such office, shall be deemed, for
21 purposes of this recommendation, to be a single candidate.
22 § 5. Subdivisions 3 and 4 of section 14-205 of the election law, as
23 added by section 4 of part ZZZ of chapter 58 of the laws of 2020, are
24 amended to read as follows:
25 3. Timing of payment. (a) The PCFB shall make any payment of public
26 matching funds to participating candidates as soon as is practicable.
27 But in all cases, it shall verify eligibility for public matching funds
28 within four days, excluding weekends and holidays, of receiving a
29 campaign contribution report filed in compliance with section 14-104 of
30 this article. Within two days of determining that a candidate for a
31 covered office is eligible for public matching funds, it shall authorize
32 payment of the applicable matching funds owed to the candidate. [The
33 PCFB shall schedule at least three payment dates in the thirty days
34 prior to a covered primary, general, or special election. If any of such
35 payments would require payment on a weekend or federal holiday, payment
36 shall be made on the next business day.]
37 (b) The PCFB shall schedule payment dates on (i) December fifteenth of
38 the year preceding the year of the covered election, (ii) January
39 fifteenth, February fifteenth, March fifteenth, April fifteenth, and a
40 minimum of three payment dates within the forty-five days prior to a
41 covered primary election, (iii) July fifteenth and a minimum of four
42 payment dates within the ninety days prior to a covered general
43 election, and (iv) a minimum of three payment dates within the thirty
44 days prior to any other covered election. If any of such payments would
45 require payment on a weekend or federal holiday, payment shall be made
46 on the next business day. A certification pursuant to paragraph (d) of
47 subdivision one of section 14-203 of this title shall be required to
48 have been filed with the PCFB no later than fifteen business days prior
49 to the December fifteenth, January fifteenth, February fifteenth, March
50 fifteenth, April fifteenth, or July fifteenth payment dates scheduled
51 pursuant to this subdivision for a participating candidate to receive
52 public funds on such payment date. For purposes of such payment dates,
53 the PCFB shall provide each candidate with a written determination spec-
54 ifying the basis for any non-payment.
55 4. Notwithstanding any provision of this section to the contrary, the
56 amount of public funds payable to a participating candidate on the
S. 3668 6
1 ballot in any covered election shall not exceed one-quarter of the maxi-
2 mum public funds payment otherwise applicable and no participating
3 candidate shall be eligible to receive a disbursement of public funds
4 prior to two weeks after the last day to file designating petitions for
5 a primary election unless the participating candidate is opposed by a
6 competitive candidate. [The PCFB shall, by regulation, set forth objec-
7 tive standards to determine whether a candidate is competitive and the
8 procedures for qualifying for the payment of public funds.] A partic-
9 ipating candidate shall be considered opposed by a competitive candidate
10 when at least one of the following conditions are met:
11 (a) For a covered general election only if the margin of victory was
12 twenty points or less in a contest involving an opposing major party
13 candidate in an election for public office in an area encompassing all
14 or part of the area that is the subject of the current election in the
15 last eight years preceding the election of the covered office sought.
16 (b) The opposing candidate has received the endorsement of a current
17 or former statewide elected official, or a current or former federal
18 elected official representing all or a portion of the area represented
19 by the covered office sought, or a current or former United States
20 senator, or in the case of a district that encompasses a portion of New
21 York city, a current or former citywide elected official.
22 (c) The opposing candidate has received three or more endorsements
23 from other current or former state, county, city, town, or village
24 elected officials who represent all or a part of the area covered by the
25 election.
26 (d) In the past ten years, the opposing candidate's spouse, domestic
27 partner, sibling, parent, or child holds or has held elective office in
28 an area encompassing all or part of the district represented by the
29 covered office sought.
30 (e) The opposing candidate has been deemed eligible to receive public
31 funds payment for the covered election.
32 (f) If the general election in that district was within a twenty-point
33 margin within the last six years.
34 (g) If an individual is self-funding and has given themselves or
35 loaned themselves twenty-four thousand dollars for senate elections or
36 ten thousand dollars for assembly elections.
37 (h) The opposing candidate previously held elected office.
38 § 6. Section 14-206 of the election law is amended by adding a new
39 subdivision 3 to read as follows:
40 3. All political communications, including but not limited to broad-
41 cast, cable or satellite schedules and scripts, advertisements,
42 pamphlets, circulars, flyers, brochures, letterheads and other printed
43 matter purchased or produced, and statements or information published or
44 conveyed to five hundred or more members of a general public audience by
45 computer or other electronic device, including but not limited to elec-
46 tronic mail or text message, and paid internet or digital advertise-
47 ments, purchased in connection with a covered election shall include a
48 disclosure which says "New York State Public Campaign Finance Program
49 participant".
50 § 7. Section 14-207 of the election law is amended by adding a new
51 subdivision 3-a to read as follows:
52 3-a. The PCFB shall develop and administer in person and online train-
53 ing for individuals to become certified as compliance officers under
54 this title. Such training shall include information concerning compli-
55 ance with the rules of the public campaign finance program, disclosure
56 and record keeping requirements, obligations of the program, and other
S. 3668 7
1 relevant information as determined by the PCFB. The PCFB shall promul-
2 gate regulations for the certification of compliance officers pursuant
3 to this subdivision and shall publish a list of certified compliance
4 officers on its website which shall be updated every thirty days.
5 § 8. Paragraph (c) of subdivision 1 of section 14-208 of the election
6 law, as added by section 4 of part ZZZ of chapter 58 of the laws of
7 2020, is amended to read as follows:
8 (c) Except as provided in paragraph (b) of this subdivision, the PCFB
9 shall select not more than one-third of all participating candidates in
10 covered elections for audit through a lottery which shall be completed
11 within one year of the election in question. A separate lottery shall be
12 conducted for each office. The PCFB shall select senate and assembly
13 districts to be audited, auditing every candidate in each selected
14 district, while ensuring that the number of audited candidates within
15 those districts does not exceed fifty percent of all participating
16 candidates for the relevant office. The lottery for senate and assembly
17 elections shall be weighted to increase the likelihood that a district
18 for the relevant office is audited based on how frequently it has not
19 been selected for auditing during the past three election cycles. The
20 PCFB shall promulgate rules concerning the method of weighting the
21 senate and assembly lotteries, including provisions for the first three
22 election cycles for each office. The names of candidates selected for
23 an audit shall not be disclosed unless there is a declared finding of
24 wrongdoing by the PCFB.
25 § 9. Paragraph (c) of subdivision 2 of section 14-208 of the election
26 law, as added by section 4 of part ZZZ of chapter 58 of the laws of
27 2020, is amended and a new paragraph (d) is added to read as follows:
28 (c) If [the total sum of contributions received and public matching
29 payments from the fund received by a participating candidate and his or
30 her authorized committee exceed the total campaign expenditures of such
31 candidate and authorized committee for all covered elections held in the
32 same calendar year or for a special election to fill a vacancy] unspent
33 public matching funds remain in a participating candidate's authorized
34 committee bank account at the end of an election cycle that exceed the
35 participating candidate's total qualified campaign expenditures, such
36 candidate and committee shall [use such surplus funds to reimburse the
37 fund for payments received by such authorized committee from the fund
38 during such calendar year or for such special election] pay the fund the
39 amount of such surplus. Participating candidates shall make such
40 payments not later than twenty-seven days after all liabilities for the
41 election have been paid and in any event, not later than the day on
42 which the PCFB issues its final audit report for the participating
43 candidate's authorized committee; provided, however, that all unspent
44 public campaign funds for a participating candidate shall be immediately
45 due and payable to the PCFB upon a determination by the PCFB that the
46 participant has delayed the post-election audit. A participating candi-
47 date may make post-election expenditures with public funds only for
48 routine activities involving nominal [cost] costs associated with wind-
49 ing up a campaign and responding to the post-election audit. Nothing in
50 this title shall be construed to prevent a candidate or [his or her]
51 such candidate's authorized committee from using campaign contributions
52 received from private contributors for otherwise lawful expenditures.
53 (d) Candidates shall have thirty days to cure any violations identi-
54 fied by the PCFB in its post-election audit before there may be any
55 declared findings of wrongdoing.
S. 3668 8
1 § 10. Section 14-212 of the election law, as added by section 4 of
2 part ZZZ of chapter 58 of the laws of 2020, is amended to read as
3 follows:
4 § 14-212. Severability. [If any clause, sentence, or other portion of
5 paragraph (c) of subdivision two of section 14-203 of this title be
6 adjudged by any court of competent jurisdiction to be invalid, then
7 subparagraphs (iii) and (iv) of paragraph (a) of subdivision two of
8 section 14-203 of this title shall read as follows:
9 (iii) state senator, except as otherwise provided in paragraph (c) of
10 this subdivision, not less than ten thousand dollars in matchable
11 contributions including at least one hundred and fifty matchable
12 contributions in an amount greater than five dollars and no greater than
13 the limits in this chapter, of which the first two hundred fifty dollars
14 shall be counted toward this qualifying threshold; and
15 (iv) member of the assembly, except as otherwise provided in paragraph
16 (c) of this subdivision, not less than five thousand dollars in matcha-
17 ble contributions including at least seventy-five matchable contrib-
18 utions in an amount greater than five dollars and no greater than the
19 limits in this chapter, of which the first two hundred fifty dollars
20 shall be counted toward this qualifying threshold.] If any clause,
21 sentence, paragraph, subdivision, section or part of this article shall
22 be determined by any court of competent jurisdiction to be invalid, such
23 judgment shall not affect, impair or invalidate the remainder thereof,
24 but shall be confined in its operation to the particular clause,
25 sentence, paragraph, subdivision, section or part thereof directly found
26 invalid in the judgment rendered. It is hereby declared to be the intent
27 of the legislature that this article would have been enacted even if
28 such invalid provisions had not been included herein.
29 § 11. Section 11 of part ZZZ of chapter 58 of the laws of 2020 amend-
30 ing the election law relating to public financing for state office;
31 amending the state finance law relating to establishing the New York
32 state campaign finance fund; and amending the tax law relating to estab-
33 lishing the NYS campaign finance fund check-off, is REPEALED.
34 § 12. This act shall take effect immediately; provided, however,
35 subparagraphs (iii) and (iv) of paragraph (a) of subdivision 2 of
36 section 14-203 of the election law, as amended by section three of this
37 act, shall apply to all general elections which take place on and after
38 such date and shall apply to all primary and special elections which
39 take place on and after the first of December next succeeding the date
40 on which it shall have become a law. Effective immediately, the addi-
41 tion, amendment and/or repeal of any rule or regulation necessary for
42 the implementation of this act on its effective date are authorized to
43 be made and completed by the public campaign finance board on or before
44 such effective date.
