Add Art 14-A SS14-150 - 14-178, S3-109, amd SS14-102, 14-108, 14-114 & 3-104, rpld & add S3-100, El L; add
S626-a, Tax L; amd S1-e, Leg L
Enacts a voluntary program for public financing of statewide elections, and elections for state senator, assembly person and district attorney; provides that each candidate who collects a specified amount of five dollar contributions and agrees to limit campaign spending receives a fixed amount of public financing; requires qualified candidate must agree to fixed number of debates; bans "soft money" political advertising; increases campaign contribution reporting; recreates state board of elections.
STATE OF NEW YORK
________________________________________________________________________
1267
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
___________
Introduced by M. of A. ORTIZ, BRENNAN, ENGLEBRIGHT, McENENY, GOTTFRIED,
CLARK, O'DONNELL, PEOPLES-STOKES, GALEF, PAULIN, LATIMER, ROSENTHAL,
KAVANAGH, LIFTON, KELLNER -- Multi-Sponsored by -- M. of A. CAHILL,
COLTON, DINOWITZ, GLICK, LANCMAN, LUPARDO, PHEFFER, REILLY -- read
once and referred to the Committee on Election Law
AN ACT to amend the election law, the tax law and the legislative law,
in relation to providing for a program for clean election campaign
financing and to repeal certain provisions of the election law relat-
ing to the state board of elections
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and declarations. The legislature
2 finds and declares that the current system of privately financed
3 campaigns diminishes the meaning of the right to vote by allowing large
4 contributions to have a deleterious influence on the political process.
5 As the U.S. Supreme Court found in Buckley v. Valeo, states have a
6 compelling interest "to reduce the deleterious effect of large contrib-
7 utions on our political process." The current system also violates the
8 rights of all citizens to equal and meaningful participation in the
9 democratic or political process. It diminishes the free-speech rights of
10 non-wealthy voters and candidates whose voices are muffled by those who
11 can afford to monopolize political communications. Additionally, the
12 current system fuels the public perception of conflicts of interest and
13 the domination of special money interests. That perception undermines
14 the electorate's confidence in the democratic process. It also makes it
15 very difficult for qualified candidates without access to large contrib-
16 utors or personal fortunes to mount competitive campaigns. Because it
17 places challengers at a distinct disadvantage, the system inhibits the
18 free exchange of ideas and communication with the electorate.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04090-01-1
A. 1267 2
1 The legislature finds and declares that providing a voluntary clean
2 elections campaign finance system would enhance democracy. It would help
3 eliminate the deleterious influence of large contributions on the poli-
4 tical process, remove access to wealth as a major determinant of a citi-
5 zen's influence within the political process, and restore the meaning of
6 the principle of "one person, one vote." It would also help restore the
7 rights of all citizens to equal and meaningful participation in the
8 democratic process.
9 Instituting a public financing program would restore the free-speech
10 rights of non-wealthy candidates and voters by providing candidates with
11 resources with which to communicate ideas with the electorate. Such a
12 system would thus help enhance the First Amendment rights of the elec-
13 torate and candidates to be heard in the political process. It would
14 help restore the core First Amendment value of open and robust debate in
15 the political process. It would also diminish the electorate's percep-
16 tion of domination of special interests and strengthen the public's
17 confidence in the democratic process and institutions. By providing for
18 public financing, this act also addresses the genuine concern about the
19 amount of time and effort that a candidate must devote to raising
20 campaign funds.
21 § 2. The election law is amended by adding a new article 14-A to read
22 as follows:
23 ARTICLE 14-A
24 CLEAN ELECTION
25 CAMPAIGN FINANCING
26 Section 14-150. Definitions.
27 14-152. Eligibility and other requirements.
28 14-154. Qualified campaign expenditures.
29 14-156. Campaign contributions.
30 14-158. Optional clean election campaign financing.
31 14-160. Receipt and expenditure limitations; additional financ-
32 ing and limits.
33 14-162. Power of board of elections.
34 14-164. New York state clean election campaign finance fund.
35 14-166. Disbursal of revenue for clean election campaign financ-
36 ing.
37 14-168. Examinations and audits; repayments.
38 14-170. Penalties.
39 14-172. Campaigns for office not subject to this article.
40 14-174. Reports.
41 14-176. Construction.
42 14-178. Joint campaign activities.
43 § 14-150. Definitions. For purposes of this article, the following
44 terms shall have the following meanings:
45 1. The term "qualified candidate" shall mean any candidate for nomi-
46 nation for election, or election, to the office of governor, lieutenant
47 governor, comptroller, attorney general, state senator, member of assem-
48 bly or district attorney who qualifies for clean elections funds by
49 collecting the required number of qualified contributions and agreeing
50 to other requirements specified herein.
51 2. The term "principal committee" shall mean the authorized committee
52 designated by a candidate pursuant to this article.
53 3. The term "qualified campaign expenditure" shall mean an expenditure
54 for which clean election campaign funds may be used.
55 4. The term "fund" shall mean the New York state clean election
56 campaign fund.
A. 1267 3
1 5. The term "threshold for eligibility" shall mean the total amount of
2 qualifying contributions that a participating candidate and the author-
3 ized committees of such candidate must receive in order for such candi-
4 date to qualify for clean election funding pursuant to this article.
5 6. The term "authorized committee" shall mean a political committee
6 which has been authorized by one or more candidates to aid or take part
7 in the elections of such candidate or candidates and which has filed a
8 statement that such candidate or candidates have authorized such poli-
9 tical committee pursuant to section 14-112 of this chapter.
10 7. The term "contribution" shall mean: (a) any gift, subscription,
11 advance, or deposit of money or any thing of value, made in connection
12 with the nomination for election, or election, of any candidate; (b) any
13 funds received by a political committee from another political committee
14 to the extent such funds do not constitute a transfer; (c) any payment,
15 by any person other than a candidate or a political committee authorized
16 by the candidate, made in connection with the nomination for election,
17 or election, of any candidate, including but not limited to compensation
18 for the personal services of any individual which are rendered in
19 connection with a candidate's election or nomination without charge;
20 provided however, that none of the foregoing shall be deemed a contrib-
21 ution if it is made, taken or performed by a person or a political
22 committee independent of the candidate or his or her agents or political
23 committees authorized by such candidate pursuant to section 14-112 of
24 this chapter. For purposes of this subdivision, the term "independent of
25 the candidate or his or her agents or political committees authorized by
26 such candidate pursuant to section 14-112 of this chapter" shall mean
27 that the candidate or his or her agents or political committees so
28 authorized by such candidate did not authorize, request, suggest, foster
29 or cooperate in any such activity; and provided further, that the term
30 "contribution" shall not include:
31 (i) the value of services provided without compensation by individuals
32 who volunteer a portion or all of their time on behalf of a candidate or
33 political committee,
34 (ii) the use of real or personal property and the cost of invitations,
35 food and beverages voluntarily provided by an individual to a candidate
36 or political committee on the individual's residential premises for
37 candidate-related activities to the extent such services do not exceed
38 five hundred dollars in value, and
39 (iii) the travel expenses of any individual who on his or her own
40 behalf volunteers his or her personal services to any candidate or poli-
41 tical committee to the extent such expenses are unreimbursed and do not
42 exceed five hundred dollars in value.
43 A loan made to a qualified candidate or an authorized committee of
44 such candidate other than in the regular course of the lender's business
45 shall be deemed, to the extent not repaid by the date of the primary or
46 general election, as the case may be, a contribution by the lender. A
47 loan made to a qualified candidate or an authorized committee of such
48 candidate in the regular course of the lender's business shall be
49 deemed, to the extent not repaid by the date of the primary or general
50 election, as the case may be, a contribution by the obligor on the loan
51 and by any other person endorsing, cosigning, guaranteeing, collateral-
52 izing or otherwise providing security for the loan.
53 8. The term "qualifying contribution" shall mean a contribution of
54 five dollars per contribution to the clean election campaign fund and
55 which is counted toward the aggregate number of qualifying contributions
56 needed to meet the threshold amount for a specific office. A contrib-
A. 1267 4
1 ution shall be deemed a qualifying contribution only if made by check,
2 money order or in cash and only if accompanied by a signed statement
3 that it is intended to be a contribution to a clean election campaign
4 fund. For a candidate seeking the nomination of a political party, the
5 number of qualifying contributions from the candidate's party must be
6 equal to five percent of the voters registered in that party in that
7 district or the minimum number of qualifying contributions needed,
8 whichever is less.
9 9. The term "transfer" shall mean any exchange of funds or any thing
10 of value between political committees authorized by the same candidate
11 pursuant to section 14-112 of this chapter and taking part in his or her
12 campaign.
13 10. The term "covered election" shall mean any primary election for
14 nomination, special or general election for election for the office of
15 governor, lieutenant governor, comptroller, attorney general, state
16 senator, member of assembly or district attorney.
17 11. The term "political committee" shall mean any corporation aiding
18 or promoting and any committee, political club or combination of one or
19 more persons operating or cooperating to aid or to promote the success
20 or defeat of a political question or principle, or to aid or take part
21 in the election or defeat of a candidate for public office or to aid or
22 take part in the election or defeat of a candidate for nomination at a
23 primary election or convention, including all proceedings prior to such
24 primary election, or of a candidate for any party position voted for at
25 a primary election, or to aid or defeat the nomination by petition of an
26 independent candidate for public office; but nothing in this article
27 shall apply to any committee or organization for the discussion or
28 advancement of political questions or principles without connection with
29 any vote. "Political committee" shall include any party committee or
30 constituted committee, as such committees are defined in this chapter.
31 12. The term "intermediary" shall mean an individual, corporation,
32 partnership, political committee, employee organization or other entity
33 which, other than in the regular course of business as a postal, deliv-
34 ery or messenger service, delivers any contribution from another person
35 or entity to a candidate or an authorized committee. "Intermediary"
36 shall not include spouses, parents, children or siblings of the person
37 making such contribution.
38 13. The term "allowable contribution" shall mean a seed money contrib-
39 ution or personal contribution permitted under the terms of this arti-
40 cle.
41 14. The term "seed money contribution" shall mean a single contrib-
42 ution from a natural person only of no more than one hundred dollars per
43 contribution, which is collected before the end of the qualifying peri-
44 od. This money can only be spent for start-up costs prior to qualifying
45 for public financing. The aggregate amount of seed money allowed to be
46 raised per candidate shall be set according to the office sought and
47 specified in section 14-160 of this article.
48 15. The term "primary election campaign period" shall mean the period
49 after the qualifying period ending on the primary day.
50 16. The term "general election campaign period" shall mean the period
51 beginning the day after the primary and ending thirty days after the
52 general election.
53 17. The term "independent expenditure" shall mean an expenditure by
54 any person, political party or other entity other than a candidate or a
55 candidate's authorized committee that is made for a communication that
56 expressly advocates the election or defeat of a clearly identified
A. 1267 5
1 candidate which is made without participation, cooperation or coordi-
2 nation or consultation with any candidate, candidate's committee or
3 persons working on behalf of a candidate. A person, political party or
4 entity is presumed to be in cooperation or coordination with a candidate
5 if they provide the candidate with anything of value, discuss demograph-
6 ics, polling or related campaign strategy with a candidate, any campaign
7 consultant or agent; or engage in joint fundraising with the campaign,
8 once any type of coordination is established, the period of coordination
9 is presumed to be the entire campaign.
10 18. The term "non-participating candidate" shall mean a candidate who
11 rejects clean election campaign financing and chooses to run in an
12 election with campaign contributions raised from private sources, or who
13 otherwise is ineligible or fails to qualify for clean election campaign
14 financing. Non-participating candidates are ineligible to receive clean
15 election campaign financing or other benefits as defined by this arti-
16 cle.
17 19. The term "start-up costs" shall mean the costs and service neces-
18 sary for a candidate to adequately explore the possibility of running
19 for elected office.
20 20. The term "independent election debit card" shall mean a debit card
21 issued by the New York state board of elections entitling a candidate
22 and designated members of the candidate staff to draw money from a New
23 York state clean election campaign fund to pay all campaign costs and
24 expenses.
25 21. The term "qualifying period" shall mean the period during which
26 participating candidates collect qualifying contributions.
27 § 14-152. Eligibility and other requirements. 1. To be eligible for
28 clean election funding under this article, a candidate for nomination
29 for election or election must:
30 (a) meet all the requirements of law to have his or her name on the
31 ballot;
32 (b) be a candidate for governor, lieutenant governor, comptroller,
33 attorney general, state senate or assembly or district attorney in a
34 primary or general election and meet the threshold for eligibility set
35 forth in subdivision two of this section;
36 (c) choose to participate in the clean election campaign funding
37 provisions of this article, by filing a written certification in such
38 form as may be prescribed by the board of elections, which sets forth
39 his or her acceptance of and agreement to comply with the terms and
40 conditions for the provision of such funds; such certification to be
41 filed with the board of elections as follows:
42 (i) the qualifying period shall commence on November first of the year
43 prior to the election and end on May thirty-first of the year of the
44 election;
45 (ii) candidates who qualify for funds automatically achieve ballot
46 status and do not need to establish ballot status through the estab-
47 lished petition process;
48 (iii) candidates who qualify for funds may begin drawing on such funds
49 as of April first or five days after qualifying, whichever is later;
50 (iv) candidates who win a primary election shall receive funds within
51 five days after the date of the primary;
52 (v) the qualification period in a special election shall begin the day
53 the election is announced. Candidates shall have up to fourteen days
54 before the date of the special election to collect qualifying contrib-
55 utions. The number of qualifying contributions shall be half of the
56 number of contributions required in a general election. Funds shall be
A. 1267 6
1 released to special election candidates within three days of submission
2 of qualifying contributions;
3 (d) obtain and furnish to the board any information it may request
4 relating to his or her campaign expenditures or contributions and
5 furnish such documentation and other proof of compliance with this arti-
6 cle as may be requested by such board;
7 (e) notify the board as to the existence of each authorized committee
8 authorized by such candidate, whether any such committee has been so
9 authorized by any other candidate, and, if the candidate has authorized
10 more than one authorized committee, which has been designated by the
11 candidate as the principal committee pursuant to this article;
12 (f) not accept and his or her principal committee and any other poli-
13 tical committee authorized by such candidate must not accept, either
14 directly or by transfer, any contribution or contributions from any
15 individual, corporation, partnership, political committee, employee
16 organization or other entity for all covered elections held in the same
17 calendar year in which he or she is a participating candidate except for
18 seed money as follows: Candidates may expend seed money to cover
19 expenses related to exploring the feasibility of running for office and
20 collecting qualifying contributions. No person, including the candidate
21 may make a seed money contribution to a candidate in excess of one
22 hundred dollars and seed money may only be contributed by individuals.
23 Seed money may only be collected and seed money funds used during the
24 qualifying period.
25 (g) maintain such records of receipts and expenditures for a covered
26 election as required by the board;
27 (h) not make and his or her principal committee and any other poli-
28 tical committee authorized by such candidate must not make expenditures
29 which in the aggregate exceed the applicable expenditure limitations set
30 forth in section 14-160 of this article;
31 (i) agree to participate in at least two public debates with other
32 qualified candidates prior to the date of a primary election and at
33 least three debates with other qualified candidates prior to the date of
34 a general or special election. Such debates shall be established under
35 regulations promulgated by the board of elections. If a candidate fails
36 to participate in any debate required under this section before an
37 election, the candidate shall be liable for return of moneys previously
38 received for use by the candidate to pay election campaign expenses and
39 shall be ineligible to receive any further clean election campaign funds
40 for that election. For purposes of this subdivision, each primary,
41 general, special or run off election shall be considered a separate
42 election; and
43 (j) meet the threshold for eligibility set forth in subdivision two of
44 this section.
45 2. (a) The threshold for eligibility for clean election campaign fund-
46 ing for participating candidates in a general election shall be in the
47 case of:
48 (i) candidates for state senate must collect at least one thousand
49 qualifying contributions from persons eligible to vote in the state
50 senate district;
51 (ii) candidates for state assembly must collect four hundred qualify-
52 ing contributions from persons eligible to vote in the state assembly
53 district;
54 (iii) candidates for governor must collect fifteen thousand qualifying
55 contributions, including at least two hundred fifty contributions from
A. 1267 7
1 persons eligible to vote in each of a majority of the congressional
2 districts of the state;
3 (iv) candidates for lieutenant governor, attorney general and comp-
4 troller must collect ten thousand qualifying contributions, including at
5 least one hundred fifty contributions from persons eligible to vote from
6 a majority of the congressional districts of the state;
7 (v) candidates for district attorney must collect the number of quali-
8 fying contributions from persons eligible to vote in the county equal to
9 the population of the county population according to the last census
10 multiplied by 0.0033, but no less than one hundred.
11 (b) In addition to the requirements of paragraph (a) of this subdivi-
12 sion in order to be eligible for clean election campaign financing for
13 the general elections, the candidate must have participated in the
14 primary election and receive the highest number of votes of the candi-
15 dates contesting the primary election from his or her respective party
16 and have won the party's nomination. This provision shall not apply to
17 independent candidates, whose eligibility requirements are set forth in
18 this section.
19 3. (a) In order to be eligible to receive clean election campaign
20 funds in a primary election a qualified candidate must agree that in the
21 event he or she is a candidate for such office in any other election
22 held in the same calendar year, that he or she will be bound in each
23 such other election by the eligibility requirements and all other
24 provisions of this article.
25 (b) Any qualified candidate meeting the threshold for eligibility in a
26 primary election for one of the offices outlined in this article shall
27 be deemed to have met the threshold for eligibility for such office in
28 any other election held in the same calendar year.
29 4. Qualified candidates who are contested in a primary election for
30 nomination for election to office and who do not file a written certif-
31 ication pursuant to paragraph (c) of subdivision one of this section
32 shall not be eligible for clean election campaign funds for any election
33 to such office held in the same calendar year.
34 5. Qualified candidates who are unopposed in a covered election shall
35 be eligible to receive thirty-five percent of the full clean election
36 campaign funds for such election.
37 6. No political committee authorized by a qualified candidate for a
38 covered election may be authorized to aid or take part in the elections
39 of more than one candidate.
40 7. All receipts of seed money contributions accepted by an authorized
41 committee shall be deposited in an account of the principal committee.
42 The treasurer of the authorized committee shall be responsible for
43 making such deposits. All deposits of seed money contributions shall be
44 made within ten business days of receipt. Each disclosure report filed
45 pursuant to this article shall include the date of receipt of all seed
46 money contributions accepted.
47 8. Regardless of whether a qualified candidate demonstrates eligibil-
48 ity for clean election campaign financing under this article, a quali-
49 fied candidate and his or her authorized committees are nonetheless
50 required to abide by the requirements of paragraphs (d), (e), (f), (g)
51 and (h) of subdivision one of this section.
52 9. A qualified candidate who receives clean election campaign funds
53 shall not accept or spend any funds other than seed money and clean
54 election campaign funds.
55 10. A qualified candidate who receives clean election campaign funds
56 shall identify the name of the candidate on all printed campaign litera-
A. 1267 8
1 ture, and acknowledge therein that clean election campaign funds were
2 used in preparation of the same. Additionally all television advertise-
3 ments and radio advertisements, must include the voice of the candidate.
4 § 14-154. Qualified campaign expenditures. 1. Clean election campaign
5 funds provided under the provisions of this article may be used only for
6 expenditures by an authorized committee on behalf of a candidate to
7 further the candidate's nomination for election or election during the
8 calendar year in which the primary or general election in which the
9 candidate is seeking nomination for election or election is held.
10 2. Such funds may not be used for:
11 (a) an expenditure in violation of any law;
12 (b) payments made to the candidate or a spouse, child, grandchild,
13 parent, grandparent, brother or sister of the candidate or spouse of
14 such child, grandchild, parent, grandparent, brother or sister, or to a
15 business entity in which the candidate or any such person has a ten
16 percent or greater ownership interest;
17 (c) payments in excess of the fair market value of services, materi-
18 als, facilities or other things of value received in exchange;
19 (d) (i) any expenditures made after the candidate has been finally
20 disqualified except as expenditures for a different covered election
21 held later in the same calendar year in which the candidate seeks
22 election for the same office; and
23 (ii) any expenditure made after the only remaining opponent of the
24 candidate has been finally disqualified except as expenditures for a
25 different covered election held later in the same calendar year in which
26 the candidate seeks election for the same office;
27 (e) payments in cash, except as prescribed in subdivision four of
28 section 14-166 of this article;
29 (f) any contribution or loan made to another candidate or political
30 committee; or
31 (g) gifts, except brochures, buttons, signs and other printed
32 campaign material.
33 § 14-156. Campaign contributions. Qualified candidates must furnish
34 complete campaign records, including all records of seed money contrib-
35 utions, qualifying contributions and expenditures to the board of
36 elections on a quarterly basis or on request by the board.
37 § 14-158. Optional clean election campaign financing. Each qualified
38 candidate for nomination for election or election in a covered election
39 may obtain payment to the authorized committee designated by such candi-
40 date pursuant to this article from clean election campaign funds for
41 qualified campaign expenditures, in accordance with the provisions of
42 this article, and subject to appropriation.
43 1. No such clean election campaign funds shall be paid to a principal
44 committee unless the board determines that the qualified candidate has
45 met the eligibility requirements of this article. Payment shall not
46 exceed the amounts specified in this article, and shall be made only in
47 accordance with the provisions of this article. Such payment may be made
48 only to the qualified candidate's principal committee. No clean election
49 campaign funds shall be used except as reimbursement or payment for
50 qualified campaign expenditures actually and lawfully incurred or to
51 repay loans used to pay qualified campaign expenditures.
52 2. A qualified candidate seeking or obtaining nomination for election
53 by more than one party shall be deemed one candidate, and shall not
54 receive additional clean election campaign funds or be authorized to
55 accept contributions in excess of the maximum contribution applicable
56 pursuant to paragraph (f) of subdivision one of section 14-152 of this
A. 1267 9
1 article or make additional expenditures by reason of such candidate
2 seeking or obtaining nomination for election by more than one party.
3 3. Notwithstanding any other provision of this chapter, if there is an
4 additional day for voting held pursuant to section 3-108 of this chapter
5 or an election held pursuant to court order, a qualified candidate in
6 such election shall obtain payment for qualified campaign expenditures
7 in an amount equal to twenty-five cents for each one dollar of clean
8 election campaign funds paid pursuant to this article to the candidate's
9 principal committee for the preceding election. Except as provided by
10 this subdivision, no additional clean election campaign funds shall be
11 provided to any candidate for such election or additional day for
12 voting.
13 § 14-160. Receipt and expenditure limitations; additional financing
14 and limits. 1. (a) The following limitations apply to all receipts made
15 from a clean election campaign fund and all expenditures made by a
16 candidate and his or her authorized committees on or after the first day
17 of January preceding the election for which such candidate chooses to
18 participate in the clean election campaign funding provisions of this
19 article and to expenditures made at any time prior to such date for
20 services, materials, facilities, advertising or other things of value
21 received, rendered, published, distributed or broadcast on or after such
22 date. Except as provided in subdivision two of this section, in each
23 general election, receipts from a clean election campaign fund and
24 expenditures by a participating candidate for one of the following
25 offices and his or her authorized committees shall not exceed the
26 following amounts:
27 OfficeGeneralElectionPrimaryElection
28 Governor$7,000,00075cents/enrolledvoter
29 Lt.Gov.N.A.75cents/enrolledvoter
30 butnottoexceed
31 $1,250,000
32 Att.General$2,500,00075cents/enrolledvoter
33 butnottoexceed
34 $1,250,000
35 Comptroller$2,500,00075cents/enrolledvoter
36 butnottoexceed
37 $1,250,000
38 DistrictAttorney$7,000,000xcountypop.$3,000,000xcountypop.
39 -----------------------
40 statepop.statepop.
41 State Senate$ 150,000$1.75/enrolled voter
42 but not to exceed
43 $30,000
44 State Assembly$ 75,000$1.75/enrolled voter
45 but not to exceed
46 $15,000
47 (b) Not later than the first day of March in the year two thousand
48 nineteen, and every fourth year thereafter the board shall (i) determine
49 the percentage difference between the average over a calendar year of
50 the consumer price index for all urban areas published by the United
51 States bureau of labor statistics for the twelve months preceding the
52 beginning of such calendar year and the average over the calendar year
53 two thousand ten of such consumer price index; (ii) adjust each expendi-
54 ture limitation applicable pursuant to this subdivision by the amount of
55 such percentage difference to the nearest thousand dollars; and (iii)
56 publish such adjusted expenditure limitation in the state register. Such
A. 1267 10
1 adjusted expenditure limitation shall be in effect for any election held
2 before the next such adjustment.
3 2. The following seed money limitations apply to all expenditures made
4 by a candidate and his or her authorized committees prior to the end of
5 the clean election campaign financing qualifying period for which such
6 candidate chooses to participate in the clean election campaign funding
7 provisions of this article and to expenditures made at any time prior to
8 such date for services, materials, facilities, advertising or other
9 things of value received, rendered, published, distributed or broadcast
10 in such calendar year. Such expenditures by a qualified candidate for
11 one of the following offices and his or her authorized committees shall
12 not exceed the following amounts:
13 governor: $200,000
14 attorney general: $150,000
15 comptroller: $150,000
16 lieutenant governor: $150,000
17 state senate: $ 20,000
18 member of assembly: $ 10,000
19 district attorney: $25.00 multiplied by the number of qualified
20 contributions received
21 3. Additional funds from the fund shall be awarded to a qualified
22 candidate when the total of campaign expenditures by non-participating
23 candidates who oppose a qualified candidate and independent expenditures
24 directed against the qualified candidate or in support of the qualified
25 candidate's opponent, exceeds one hundred ten percent of the spending
26 limits established in subdivision one of this section. An additional
27 dollar shall be awarded for each dollar in excess of one hundred ten
28 percent of the limit, up to a total of three hundred percent of said
29 expenditure limits.
30 4. Non-participating candidates and persons or committees making inde-
31 pendent expenditures shall comply with all reporting requirements for
32 political committees, and in addition shall, three weeks before the date
33 of the election, report any and all expenditures expected to be made on
34 the election and may not spend any amounts not so reported.
35 5. In addition to any other provision of this article limiting or
36 qualifying or defining a qualified campaign expenditure, the following
37 expenditure shall be deemed independent expenditures for the purpose of
38 this article:
39 (a) any written advertisement distributed within sixty days prior to a
40 primary, general or special election in which a candidate's name or a
41 candidate's political party is included shall be deemed a campaign
42 expenditure; and
43 (b) any advertisement distributed within sixty days prior to a prima-
44 ry, general or special election which, as indicated by its timing place-
45 ment, message, context or other objective and apparent message or other
46 criteria which in the opinion of the board of elections is intended to
47 influence the outcome of such election shall be deemed a campaign
48 expenditure.
49 6. Any person or committee who distributes an advertisement which
50 includes the name of a candidate nominated for a primary, general or
51 special election shall comply with all of the disclosure requirements
52 imposed on political committees pursuant to this chapter.
53 7. Any expenditure made by a membership organization, as defined by
54 the federal election commission, to a member in good standing of such
55 organization shall not be deemed to be a campaign expenditure but the
A. 1267 11
1 amount thereof shall be disclosed in the same manner as a campaign
2 expenditure is disclosed pursuant to this article.
3 § 14-162. Power of board of elections. 1. The board shall have the
4 power to investigate all matters relating to the performance of its
5 functions and any other matter relating to the proper administration of
6 this article and for such purposes shall have the power to require the
7 attendance and examine and take the testimony under oath of such persons
8 as it shall deem necessary and to require the production of books,
9 accounts, papers and other evidence relative to such investigation.
10 2. The board shall publicize, as it deems appropriate, the names of
11 candidates for nomination or election to the offices of governor, lieu-
12 tenant governor, comptroller, attorney general, state senate, member of
13 assembly or district attorney who violate any of the provisions of this
14 article.
15 3. The board may render advisory opinions with respect to questions
16 arising under this article. Such advisory opinions may be rendered on
17 the written request of a candidate, an officer of a political committee
18 or member of the public, or may be rendered on its own initiative. The
19 board shall make public its advisory opinions. The board shall develop a
20 program for informing candidates and the public as to the purpose and
21 effect of the provisions of this article. The board shall prepare and
22 make available educational materials, including compliance manuals and
23 summaries and explanations of the purposes and provisions of this arti-
24 cle. These materials shall be prepared in plain language. The board
25 shall prepare and make available materials, including, to the extent
26 feasible, computer software, to facilitate the task of compliance with
27 the disclosure and record-keeping requirements of this article.
28 4. The board shall have the authority to promulgate such rules and
29 regulations and provide such forms as it deems necessary for the admin-
30 istration of this article. The board shall promulgate regulations
31 concerning the form in which contributions and expenditures are to be
32 reported, the periods during which such reports must be filed and the
33 verification required. The board shall require the filing of reports of
34 contributions and expenditures for purposes of determining compliance
35 with paragraph (f) of subdivision one of section 14-152 and section
36 14-160 of this article in accordance with the schedule specified by the
37 state board of elections for the filing of campaign receipt and expendi-
38 ture statements.
39 5. The board shall develop a computer data base that shall contain all
40 information necessary for the proper administration of this chapter
41 including information on contributions to and expenditures by candidates
42 and their authorized committees and distributions of moneys from the
43 campaign finance fund. Such data base shall be accessible to the public.
44 6. The board shall promulgate regulations regarding public debates as
45 provided in section 14-152 of this article.
46 7. The board may take such other actions as are necessary and proper
47 to carry out the purposes of this article.
48 § 14-164. New York state clean election campaign finance fund. 1.
49 There is hereby established a special fund, to be known as the "New York
50 state clean election campaign finance fund". The monies in such fund may
51 be expended by the board of elections only as payments for qualified
52 candidates in accordance with the provisions of this article.
53 2. The fund shall be kept separate and shall be credited with all sums
54 appropriated thereof, any donations received pursuant to subdivision
55 seven of this section, all earnings accruing on such funds and any
A. 1267 12
1 monies realized from the provisions of subdivision three of section
2 14-170 of this article.
3 3. If at any time the board of elections determines that the clean
4 elections campaign finance fund does not have sufficient revenues, or is
5 likely to not have sufficient revenues, for payment to qualifying candi-
6 dates under this article then it shall report this determination to the
7 comptroller, along with the amount which will be necessary to provide
8 qualifying candidates with financing pursuant to this article and a
9 detailed statement of the assumptions and methodology on which such
10 determination was based. No more than four days after receiving such a
11 determination the comptroller shall transfer the amount determined by
12 the board of elections to be necessary from the general fund to the
13 clean elections campaign finance fund.
14 4. The moneys in such fund shall be made available to participating
15 candidates by the board upon its certification that such candidates
16 qualify for such funds.
17 5. No moneys shall be made available to qualified candidates in a
18 general election any earlier than the day after the day of the primary
19 election held to nominate candidates for such election.
20 6. No moneys shall be made available to any qualified candidate who
21 has been finally disqualified. Any payment from the fund in the
22 possession of such a candidate or his or her authorized committees on
23 the date of such final disqualification or invalidation may not there-
24 after be expended for any purpose except the payment of liabilities
25 incurred in qualified campaign expenditures before such date and shall
26 be promptly repaid to the fund.
27 7. The board shall be empowered to accept donations to be credited to
28 the fund. The board may devise such methods of soliciting and collecting
29 donations as it may deem feasible and appropriate.
30 8. (a) A qualified candidate who has been defeated in a primary
31 election or who fails to remain as a candidate throughout a primary or
32 general election period shall return all unspent funds that were raised
33 or distributed to him or her to the fund.
34 (b) All other qualified candidates shall return all unspent qualifying
35 campaign contributions and other fund revenues and all unexpended seed
36 money that were distributed to him or her to the fund.
37 The aggregate amount which may be provided to qualified candidates in
38 any four-year election cycle from the fund shall not exceed one-tenth-
39 of-one-percent of the total expenditures made pursuant to appropriations
40 made by law during such time period. If the amount of funds for which
41 qualified candidates have qualified reaches or exceeds this level, the
42 board of elections shall reduce, by an equal percentage for all candi-
43 dates, the respective amount of public financing made available to qual-
44 ified candidates.
45 § 14-166. Disbursal of revenue for clean election campaign financing.
46 1. Upon certifying that a candidate is eligible for clean election
47 campaign financing, the board of elections shall issue a New York state
48 clean election campaign finance fund debit card to the participating
49 candidate entitling the candidate and designated members of his or her
50 staff the right to draw money from the New York state clean election
51 campaign finance fund account to pay all campaign costs and expenses.
52 2. A qualified candidate and his or her representative are prohibited
53 from paying for campaign expenses in any way other than by use of the
54 New York state clean election campaign finance fund debit card except as
55 exempted in subdivision four of this section. The use of the New York
A. 1267 13
1 state clean election campaign fund debit card to generate personal cred-
2 it or a loan is prohibited.
3 3. Cash, cashier's checks, money orders, or other forms of payment
4 shall be permissible only if they are drawn directly from the New York
5 state clean election campaign finance fund, except as exempted in subdi-
6 vision four of this section.
7 (a) All campaign purchases for goods and services shall be paid for
8 with money drawn from the New York state clean election campaign fund at
9 the time of purchase, except that fees for services, including salaries
10 and fees for staff members and consultants, may be made available at any
11 time up until the last day of the relevant primary, special or general
12 campaign periods.
13 (b) Estimated payments for utility bills, including telephone, heat
14 and electricity charges, shall be made available by the last day of the
15 relevant election period. In budgeting their projected expenses, quali-
16 fied candidates must estimate the cost of utilities. The campaign
17 finance board is authorized to provide a formula for such estimates.
18 4. A petty cash fund may be established consistent with the other
19 provisions of this article.
20 (a) Qualified candidates may have a daily petty cash fund, for daily
21 expenses, including food, newspapers, magazines, public telephones, and
22 other minor necessities unrelated to the direct operating costs of the
23 campaign. The daily maximum amount of the petty cash fund shall be
24 established by the board.
25 (b) All cash expenditures in excess of twenty-five dollars require a
26 cash receipt specifying the item purchased and its purpose, its cost,
27 and the place of purchase.
28 § 14-168. Examinations and audits; repayments. 1. The board of
29 elections is hereby empowered to audit and examine all matters relating
30 to the performance of its functions and any other matter relating to the
31 proper administration of this article.
32 2. (a) If the board determines that any portion of the payment made to
33 the principal committee of a qualified candidate from the fund was in
34 excess of the aggregate amount of payments which such candidate was
35 eligible to receive pursuant to this article, it shall notify such
36 committee and such committee shall pay to the board an amount equal to
37 the amount of excess payments.
38 (b) If the board determines that any portion of the payment made to a
39 principal committee of a qualified candidate from the fund was used for
40 purposes other than qualified campaign expenditures, it shall notify
41 such committee of the amount so disqualified and such committee shall
42 pay to the board an amount equal to such disqualified amount.
43 (c) If the total of contributions, other receipts, and payments from
44 the fund received by a qualified candidate and his or her authorized
45 committees exceed the total campaign expenditures of such candidate and
46 committees for all covered elections held in the same calendar year or
47 for a special election to fill a vacancy such candidate and committees
48 shall use such excess funds to reimburse the fund for payments received
49 by the principal committee from the fund during such calendar year. Such
50 reimbursement shall be made not later than ten days after all liabil-
51 ities have been paid and in any event, not later than June thirtieth of
52 the year following such calendar year. No such excess funds shall be
53 used for any other purpose, unless the total amount of the payments
54 received from the fund by the authorized committee has been repaid.
55 3. If a qualified candidate whose principal committee has received
56 clean election campaign funds is disqualified by a court of competent
A. 1267 14
1 jurisdiction on the grounds that such candidate committed fraudulent
2 acts in order to obtain a place on the ballot and such decision is not
3 reversed, such candidate and his or her principal committee shall pay to
4 the board an amount equal to the total of clean election campaign funds
5 received by such principal committee.
6 § 14-170. Penalties. 1. Any qualified candidate whose principal
7 committee fails to file in a timely manner a statement or record
8 required to be filed by this article or the rules of the board in imple-
9 mentation thereof or who violates any other provision of this article or
10 rule promulgated thereunder, and any principal committee treasurer or
11 any other agent of a qualified candidate who commits such a violation,
12 shall be subject to a civil penalty in an amount not in excess of ten
13 thousand dollars.
14 2. In addition to the penalties provided in subdivision one of this
15 section, if the aggregate amount of expenditures by a qualified candi-
16 date and such candidate's authorized committees exceed the expenditure
17 limitations contained in this article such candidate and authorized
18 committees shall be subject to a civil penalty in an amount not to
19 exceed three times the sum by which such expenditures exceed the appli-
20 cable expenditure limitation.
21 3. The intentional or knowing furnishing of any false or fictitious
22 evidence, books or information to the board under this article, or the
23 inclusion in any evidence, books, or information so furnished of a
24 misrepresentation of a material fact, or the falsifying or concealment
25 of any evidence, books, or information relevant to any audit by the
26 board or the intentional or knowing violation of any other provision of
27 this article shall be punishable as a class A misdemeanor in addition to
28 any other penalty as may be provided under law. The board shall seek to
29 recover any clean election campaign funds obtained as a result of such
30 conduct. Any monies so obtained shall be deposited into the fund.
31 § 14-172. Campaigns for office not subject to this article. Contrib-
32 utions, loans, guarantees and other security for such loans used and
33 expenditures made toward the payment of liabilities incurred by a candi-
34 date in an election held prior to the effective date of this section or
35 in which he or she did not choose to participate in the clean election
36 campaign funding provisions of this article, or in a campaign for public
37 office other than one covered by this article, shall not be subject to
38 the requirements and limitations of this article.
39 § 14-174. Reports. 1. The board of elections shall review and evaluate
40 the effect of this article upon the conduct of election campaigns in the
41 state and shall submit a report to the governor and the legislature on
42 or before September first, two thousand twelve, and every fourth year
43 thereafter, and at any other time upon the request of the governor or
44 the legislature and at such other times as the board deems appropriate,
45 containing:
46 (a) the number and names of candidates qualifying for and choosing to
47 receive clean election campaign funds pursuant to this article, and of
48 candidates failing to qualify or otherwise not choosing to receive such
49 funds, in each election during the four preceding calendar years;
50 (b) the amount of clean election campaign funds provided to the
51 authorized committees of each candidate pursuant to this article and the
52 contributions received and expenditures made by each such candidate and
53 the authorized committees of such candidate, in each election during the
54 four preceding calendar years;
55 (c) recommendations as to whether the provisions of this article
56 governing maximum contribution amounts, thresholds for eligibility and
A. 1267 15
1 expenditure limitations should be amended and setting forth the amount
2 of, and reasons for, any amendments it recommends;
3 (d) analysis of the effect of this article 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;
8 (e) a review of the procedures utilized in providing clean election
9 campaign funds to candidates; and
10 (f) such recommendations for changes in this article as it deems
11 appropriate.
12 2. For the report submitted in the year two thousand twelve, the board
13 also shall review any contributions made to candidates and authorized
14 committees prior to the effective date of this article which exceed the
15 amount of the maximum contribution applicable pursuant to paragraph (f)
16 of subdivision one of section 14-152 of this article and report as to
17 whether such contributions were returned, expended or otherwise used and
18 the purposes of such expenditures or other uses.
19 § 14-176. Construction. Nothing in this article shall be construed to
20 prohibit the making or receipt of contributions to the extent permitted
21 by this chapter or to permit the making or receipt of contributions
22 otherwise prohibited.
23 § 14-178. Joint campaign activities. Nothing in this article shall be
24 construed to restrict candidates from authorizing expenditures for joint
25 campaign materials and other joint campaign activities, provided that
26 the benefit each candidate derives from the joint material or activity
27 is proportionally equivalent to the expenditures authorized by such
28 candidate.
29 § 3. The tax law is amended by adding a new section 626-a to read as
30 follows:
31 § 626-a. The clean election campaign finance fund. Effective for any
32 taxable year commencing on or after the first of January next succeeding
33 the effective date of this section, an individual in any taxable year
34 may elect to have an amount up to one hundred dollars of any tax other-
35 wise payable deposited to the clean election campaign finance fund.
36 Such contribution shall not reduce the amount of state tax owed by such
37 individual. The commissioner shall include a space on the personal
38 income tax return to enable a taxpayer to authorize such deposit.
39 Notwithstanding any other provision of law to the contrary, all revenues
40 collected pursuant to this section shall be credited to the clean
41 election campaign finance fund and used only for those purposes enumer-
42 ated in section 14-164 of the election law.
43 § 4. Subdivision (e) of section 1-e of the legislative law, as amended
44 by section 1 of part S of chapter 62 of the laws of 2003, is amended to
45 read as follows:
46 (e) (i) The first statement of registration filed annually by each
47 lobbyist for calendar years through two thousand three shall be accompa-
48 nied by a registration fee of fifty dollars except that no registration
49 fee shall be required of a public corporation. A fee of fifty dollars
50 shall be required for any subsequent statement of registration filed by
51 a lobbyist during the same calendar year; (ii) The first statement of
52 registration filed annually by each lobbyist for calendar year two thou-
53 sand four shall be accompanied by a registration fee of one hundred
54 dollars except that no registration fee shall be required from any
55 lobbyist who in any year does not expend, incur or receive an amount in
56 excess of five thousand dollars of reportable compensation and expenses,
A. 1267 16
1 as provided in paragraph five of subdivision (b) of section one-h of
2 this article, for the purposes of lobbying or of a public corporation. A
3 fee of one hundred dollars shall be required for any subsequent state-
4 ment of registration filed by a lobbyist during the same calendar year;
5 (iii) The first statement of registration filed biennially by each
6 lobbyist for the first biennial registration requirements for calendar
7 years two thousand five and two thousand six and thereafter, shall be
8 accompanied by a registration fee of two hundred dollars except that no
9 registration fee shall be required from any lobbyist who in any year
10 does not expend, incur or receive an amount in excess of five thousand
11 dollars of reportable compensation and expenses, as provided in para-
12 graph five of subdivision (b) of section one-h of this article, for the
13 purposes of lobbying or of a public corporation. A fee of two hundred
14 dollars shall be required for any subsequent statement of registration
15 filed by a lobbyist during the same biennial period; (iv) The statement
16 of registration filed after the due date of a biennial registration
17 shall be accompanied by a registration fee that is prorated to one
18 hundred dollars for any registration filed after January first of the
19 second calendar year covered by the biennial reporting requirement. In
20 addition to the fees authorized by this section, the commission may
21 impose a fee for late filing of a registration statement required by
22 this section not to exceed twenty-five dollars for each day that the
23 statement required to be filed is late, except that if the lobbyist
24 making a late filing has not previously been required by statute to file
25 such a statement, the fee for late filing shall not exceed ten dollars
26 for each day that the statement required to be filed is late; (v) Fifty
27 dollars of any registration fee that is equal to or greater than one
28 hundred dollars and that is paid after January first, two thousand ten,
29 shall be deposited to the credit of the clean election campaign finance
30 fund established in section 14-164 of the election law.
31 § 5. Subdivision 1 of section 14-102 of the election law, as amended
32 by chapter 8 and as redesignated by chapter 9 of the laws of 1978, is
33 amended to read as follows:
34 1. The treasurer of every political committee which, or any officer,
35 member or agent of any such committee who, in connection with any
36 election, receives or expends any money or other valuable thing or
37 incurs any liability to pay money or its equivalent shall file state-
38 ments sworn, or subscribed and bearing a form notice that false state-
39 ments made therein are punishable as a class A misdemeanor pursuant to
40 section 210.45 of the penal law, at the times prescribed by this article
41 setting forth all the receipts, contributions to and the expenditures by
42 and liabilities of the committee, and of its officers, members and
43 agents in its behalf. Such statements shall include the dollar amount of
44 any receipt, contribution or transfer, or the fair market value of any
45 receipt, contribution or transfer, which is other than of money, the
46 name [and], address and occupation of the transferor, contributor or
47 person from whom received, the name, address and occupation of the
48 transferor's or contributor's employer, if any, and if the transferor,
49 contributor or person is a political committee; the name of and the
50 political unit represented by the committee, the date of its receipt,
51 the dollar amount of every expenditure, the name and address of the
52 person to whom it was made or the name of and the political unit repres-
53 ented by the committee to which it was made and the date thereof, and
54 shall state clearly the purpose of such expenditure. Any statement
55 reporting a loan shall have attached to it a copy of the evidence of
56 indebtedness. Expenditures in sums under fifty dollars need not be
A. 1267 17
1 specifically accounted for by separate items in said statements, and
2 receipts and contributions aggregating not more than ninety-nine
3 dollars, from any one contributor need not be specifically accounted for
4 by separate items in said statements, provided however, that such
5 expenditures, receipts and contributions shall be subject to the other
6 provisions of section 14-118 of this article. Any receipt, contribution
7 or transfer for which the information required by this subdivision is
8 not provided, shall not be deemed available for use by a political
9 committee.
10 § 6. Subdivision 1 of section 14-108 of the election law, as amended
11 by chapter 955 of the laws of 1983, is amended to read as follows:
12 1. The statements required by this article shall be filed at such
13 times as the state board of elections, by rule or regulation, shall
14 specify; provided, however, that in no event shall the board provide for
15 fewer than three filings in the aggregate in connection with any prima-
16 ry, general or special election, or in connection with a question to be
17 voted on and two of said filings shall be before any such election,
18 including one such filing not less than thirty days nor more than
19 forty-five days prior to such election [and], one such filing not less
20 than eleven days nor more than fifteen days prior to such election, one
21 such filing shall include the period from January eleventh, through
22 March thirty-first, and one such filing shall include the period from
23 April first through May thirty-first. In addition, the board shall
24 provide that every political committee which has filed a statement of
25 treasurer and depository shall make at least one filing every six months
26 between the time such statement of treasurer and depository is filed and
27 the time such committee goes out of business. If any candidate or
28 committee shall be required by the provisions of this section, or by
29 rule or regulation hereunder, to effect two filings within a period of
30 five days, the state board of elections may, by rule or regulation,
31 waive the requirement of filing the earlier of such statements. If a
32 statement filed by a candidate or committee after the election to which
33 it pertains is not a final statement showing satisfaction of all liabil-
34 ities and disposition of all assets, such candidate or committee shall
35 file such additional statements as the board shall, by rule or regu-
36 lation provide until such a final statement is filed.
37 § 7. Section 14-114 of the election law, subdivision 1 as amended and
38 subdivision 10 as added by chapter 79 of the laws of 1992, paragraphs a
39 and b of subdivision 1 as amended by chapter 659 of the laws of 1994,
40 subdivision 3 as amended by chapter 517 of the laws of 1986, subdivi-
41 sions 4, 5, 7 and 8 as amended by chapter 8 of the laws of 1978, para-
42 graph a of subdivision 6 as amended and subdivisions 2, 4, 5, 6, 7, 8
43 and paragraph b of subdivision 6 as redesignated by chapter 9 of the
44 laws of 1978, is amended to read as follows:
45 § 14-114. Contribution and receipt limitations. 1. The following limi-
46 tations apply to all contributions to candidates for election to any
47 public office or for nomination for any such office, or for election to
48 any party positions, and to all contributions to political committees
49 working directly or indirectly with any candidate to aid or participate
50 in such candidate's nomination or election[, other than any contrib-
51 utions to any party committee or constituted committee]:
52 a. In any election for a public office to be voted on by the voters of
53 the entire state, or for nomination to any such office, no contributor
54 may make a contribution to any candidate or political committee, and no
55 candidate or political committee may accept any contribution from any
56 contributor, which is in the aggregate amount greater than[: (i) in the
A. 1267 18
1 case of any nomination to public office, the product of the total number
2 of enrolled voters in the candidate's party in the state, excluding
3 voters in inactive status, multiplied by $.005, but such amount shall be
4 not less than four thousand dollars nor more than twelve] one thousand
5 dollars [as increased or decreased by the cost of living adjustment
6 described in paragraph c of this subdivision, and (ii) in the case of
7 any election to a public office, twenty-five thousand dollars as
8 increased or decreased by the cost of living adjustment described in
9 paragraph c of this subdivision; provided however, that the maximum
10 amount which may be so contributed or accepted, in the aggregate, from
11 any candidate's child, parent, grandparent, brother and sister, and the
12 spouse of any such persons, shall not exceed in the case of any nomi-
13 nation to public office an amount equivalent to the product of the
14 number of enrolled voters in the candidate's party in the state, exclud-
15 ing voters in inactive status, multiplied by $.025, and in the case of
16 any election for a public office, an amount equivalent to the product of
17 the number of registered voters in the state excluding voters in inac-
18 tive status, multiplied by $.025].
19 b. In any other election for party position or for election to a
20 public office or for nomination for any such office, no contributor may
21 make a contribution to any candidate or political committee and no
22 candidate or political committee may accept any contribution from any
23 contributor, which is in the aggregate amount greater than[: (i) in the
24 case of any election for party position, or for nomination to public
25 office, the product of the total number of enrolled voters in the candi-
26 date's party in the district in which he is a candidate, excluding
27 voters in inactive status, multiplied by $.05, and (ii) in the case of
28 any election for a public office, the product of the total number of
29 registered voters in the district, excluding voters in inactive status,
30 multiplied by $.05, however in the case of a nomination within the city
31 of New York for the office of mayor, public advocate or comptroller,
32 such amount shall be not less than four thousand dollars nor more than
33 twelve thousand dollars as increased or decreased by the cost of living
34 adjustment described in paragraph c of this subdivision; in the case of
35 an election within the city of New York for the office of mayor, public
36 advocate or comptroller, twenty-five thousand dollars as increased or
37 decreased by the cost of living adjustment described in paragraph c of
38 this subdivision; in the case of a nomination for state senator, four
39 thousand dollars as increased or decreased by the cost of living adjust-
40 ment described in paragraph c of this subdivision; in the case of an
41 election for state senator, six thousand two hundred fifty dollars as
42 increased or decreased by the cost of living adjustment described in
43 paragraph c of this subdivision; in the case of an election or nomi-
44 nation for a member of the assembly, twenty-five hundred dollars as
45 increased or decreased by the cost of living adjustment described in
46 paragraph c of this subdivision; but in no event shall any such maximum
47 exceed fifty thousand dollars or be less than one thousand dollars;
48 provided however, that the maximum amount which may be so contributed or
49 accepted, in the aggregate, from any candidate's child, parent, grand-
50 parent, brother and sister, and the spouse of any such persons, shall
51 not exceed in the case of any election for party position or nomination
52 for public office an amount equivalent to the number of enrolled voters
53 in the candidate's party in the district in which he is a candidate,
54 excluding voters in inactive status, multiplied by $.25 and in the case
55 of any election to public office, an amount equivalent to the number of
56 registered voters in the district, excluding voters in inactive status,
A. 1267 19
1 multiplied by $.25; or twelve hundred fifty dollars, whichever is great-
2 er, or in the case of a nomination or election of a state senator, twen-
3 ty thousand dollars, whichever is greater, or in the case of a nomi-
4 nation or election of a member of the assembly twelve thousand five
5 hundred dollars, whichever is greater, but in no event shall any such
6 maximum exceed] one [hundred] thousand dollars.
7 c. At the beginning of each fourth calendar year, commencing in nine-
8 teen hundred ninety-five, the state board shall determine the percentage
9 of the difference between the most recent available monthly consumer
10 price index for all urban consumers published by the United States
11 bureau of labor statistics and such consumer price index published for
12 the same month four years previously. The amount of each contribution
13 limit fixed in this subdivision shall be adjusted by the amount of such
14 percentage difference to the closest one hundred dollars by the state
15 board which, not later than the first day of February in each such year,
16 shall issue a regulation publishing the amount of each such contribution
17 limit. Each contribution limit as so adjusted shall be the contribution
18 limit in effect for any election held before the next such adjustment.
19 2. For purposes of this section, contributions other than of money
20 shall be evaluated at their fair market value. The state board of
21 elections shall promulgate regulations, consistent with law, governing
22 the manner of computing fair market value.
23 3. [As used in this section the term "contributor" shall not include a
24 party committee supporting the candidate of such party or a constituted
25 committee supporting the candidate of such party.
26 4.] For purposes of this section, a portion of every contribution to a
27 party committee, expended as other than non-candidate expenditures, and
28 a portion of every contribution to a political committee authorized to
29 support more than one candidate, shall be deemed contributed to every
30 candidate supported by such committee. That portion shall be determined
31 by allocating the contributions received by the committee among all the
32 candidates supported by the committee in accordance with any formula
33 based upon reasonable standards established by the committee. The state-
34 ments filed by such committee in accordance with this article shall set
35 forth, in addition to the other information required to be set forth,
36 the total amount received by the committee from each contributor on
37 behalf of all such candidates and the amount of each such contribution
38 allocated to each candidate by dollar amount and percentage. Nothing in
39 this subdivision shall require allocating contributions expended on
40 non-candidate expenditures to candidates.
41 [5. No constituted committee may expend, in any twelve month period
42 terminating on the day of a general election, other than as non-candi-
43 date expenditures, any portion of any individual contribution which
44 exceeds, in the case of a state committee, one-half of one cent for each
45 registered voter in the state, or, in the case of any other constituted
46 committee, the greater of one cent for each registered voter in the
47 district in which the committee is organized or five hundred dollars.
48 The number of such voters shall be determined as of the date of such
49 general election or as of the date of the general election in whichever
50 of the preceding four years shall result in the greatest number.
51 6] 4. a. A loan made to a candidate or political committee, other
52 than a constituted committee, by any person, firm, association or corpo-
53 ration other than in the regular course of the lender's business shall
54 be deemed, to the extent not repaid by the date of the primary, general
55 or special election, as the case may be, a contribution by such person,
56 firm, association or corporation.
A. 1267 20
1 b. A loan made to a candidate or political committee, other than a
2 constituted committee, by any person, firm, association or corporation
3 in the regular course of the lender's business shall be deemed, to the
4 extent not repaid by the date of the primary, general or special
5 election, as the case may be, a contribution by the obligor on the loan
6 and by any other person endorsing, cosigning, guaranteeing, collateral-
7 izing or otherwise providing security for the loan.
8 [7. For the purposes of this section, the number of registered or
9 enrolled voters shall be determined as of the date of the general,
10 special or primary election, as the case may be or as of the date of the
11 general election in any of the preceding four years, whichever date
12 shall result in the greatest number and candidates running jointly for
13 the offices of governor and lieutenant governor in a general or special
14 election shall be deemed to be one candidate.
15 8] 5. Except as may otherwise be provided for a candidate and his
16 family, no person may contribute, loan or guarantee in excess of [one
17 hundred fifty] twenty-five thousand dollars within the state in
18 connection with the nomination or election of persons to state and local
19 public offices and party positions within the state of New York in any
20 one calendar year. For the purposes of this subdivision "loan" or "guar-
21 antee" shall mean a loan or guarantee which is not repaid or discharged
22 in the calendar year in which it is made.
23 [10. a. No contributor may make a contribution to a party or consti-
24 tuted committee and no such committee may accept a contribution from any
25 contributor which, in the aggregate, is greater than sixty-two thousand
26 five hundred dollars per annum.
27 b. At the beginning of each fourth calendar year, commencing in nine-
28 teen hundred ninety-five, the state board shall determine the percentage
29 of the difference between the most recent available monthly consumer
30 price index for all urban consumers published by the United States
31 bureau of labor statistics and such consumer price index published for
32 the same month four years previously. The amount of such contribution
33 limit fixed in paragraph a of this subdivision shall be adjusted by the
34 amount of such percentage difference to the closest one hundred dollars
35 by the state board which, not later than the first day of February in
36 each such year, shall issue a regulation publishing the amount of such
37 contribution limit. Such contribution limit as so adjusted shall be the
38 contribution limit in effect for any election held before the next such
39 adjustment.]
40 § 8. Section 3-100 of the election law is REPEALED and a new section
41 3-100 is added to read as follows:
42 § 3-100. State board of elections. 1. There shall be a state board of
43 elections consisting of five members. One member of the board shall be
44 appointed by the governor, who shall be the chairperson, one member
45 shall be appointed by the temporary president of the senate, one member
46 shall be appointed by the speaker of the assembly, one member shall be
47 appointed by the senate minority leader, one member shall be appointed
48 by the assembly minority leader. The members shall first be appointed to
49 serve as follows:
50 (a) one member appointed by the governor, as chairperson, for a term
51 of five years;
52 (b) one member appointed by the speaker of the assembly for a term of
53 three years;
54 (c) one member appointed by the temporary president of the senate for
55 a term of three years;
A. 1267 21
1 (d) one member appointed by the senate minority leader for a term of
2 two years;
3 (e) one member appointed by the assembly minority leader for a term of
4 two years.
5 Each term shall commence on April first, two thousand twelve. There-
6 after, each member shall be appointed for a term of five years according
7 to the original manner of appointment. In case of a vacancy in the
8 office of a member, a member shall be appointed to serve for the remain-
9 der of the unexpired term according to the original manner of appoint-
10 ment. Each member shall be a resident of the state, registered to vote
11 therein. Each member shall agree not to make contributions to any candi-
12 date for nomination for election, or election, to the office of gover-
13 nor, lieutenant governor, comptroller, attorney general or member of the
14 legislature. No member shall serve as an officer of a political party
15 or be a candidate or participate in any capacity in a campaign by a
16 candidate for nomination for election or election to the office of
17 governor, lieutenant governor, comptroller, attorney general or member
18 of the legislature. Officers and employees of the state or any state
19 agency, lobbyists required to file a statement of registration under the
20 lobbying act and the employees of such lobbyists shall not be eligible
21 to be members of the board. Members of the board shall be selected
22 solely on the basis of merit and without regard to political affiliation
23 and shall not be disqualified from continuing in office for any reason
24 other than unfitness or inability to perform the duties involved.
25 2. The members of the board shall be compensated at the rate of one
26 hundred dollars per calendar day when performing the work of the board.
27 3. The board may employ necessary staff, including an executive direc-
28 tor and a counsel, and make necessary expenditures subject to appropri-
29 ation. The board may employ such staff, including legal and accounting
30 staff, as are necessary for providing technical assistance to prospec-
31 tive and participating candidates, for the purpose of promoting under-
32 standing of, participation in, and compliance with the requirements of
33 the campaign finance program created by article fourteen-A of this chap-
34 ter.
35 4. No member of the board shall be removed from office except for
36 cause and upon notice and hearing.
37 § 9. Section 3-104 of the election law is amended by adding a new
38 subdivision 3-a to read as follows:
39 3-a. If after an investigation, the state board of elections finds
40 reasonable cause to believe that a violation of article fourteen of this
41 chapter has taken place, it may institute an adjudicatory proceeding in
42 accordance with section 3-105 of this title for the purpose of determin-
43 ing whether or not a violation has taken place and assessing a civil
44 penalty pursuant to section 14-126 of this chapter.
45 § 10. Subdivision 4 of section 3-104 of the election law, as redesig-
46 nated by chapter 9 of the laws of 1978, is amended to read as follows:
47 4. The state [or other] board of elections may, where appropriate,
48 commence a judicial proceeding [with respect to the filing or failure to
49 file any statement of receipts, expenditures, or contributions, under
50 the provisions] seeking civil penalties pursuant to subdivision one of
51 section 14-126 of this chapter[, and the state board of elections may
52 direct the appropriate other board of elections to commence such
53 proceeding].
54 § 11. The election law is amended by adding a new section 3-109 to
55 read as follows:
A. 1267 22
1 § 3-109. Adjudicatory proceeding. 1. Except as otherwise provided in
2 this section, an adjudicatory proceeding to determine whether or not a
3 violation of article fourteen of this chapter has taken place and to
4 assess a civil penalty pursuant to section 14-126 of this chapter shall
5 be conducted in accordance with article three of the state administra-
6 tive procedure act.
7 2. Such proceeding shall be conducted by a hearing officer selected on
8 a random basis by the state board of elections from an active list of at
9 least six attorneys who have applied for and been approved by the board
10 as hearing officers. Such hearing officer shall be a state board of
11 elections commissioner or an independent contractor who shall be compen-
12 sated on a per diem basis at a rate fixed by the board in its regu-
13 lations promulgated pursuant to this section.
14 3. The hearing officer shall prepare and submit to the state board of
15 elections, together with the entire record of the proceeding, a written
16 report containing findings of fact, conclusions of law, and recommenda-
17 tions concerning the imposition of a civil penalty.
18 4. After reviewing the record, findings, and recommendations of the
19 hearing officer, the state board shall make a determination as to wheth-
20 er or not a violation has occurred and, whenever appropriate, impose a
21 penalty consistent with section 14-126 of this chapter. Regardless of
22 whether or not a penalty is assessed, the state board of elections shall
23 issue a written determination setting forth its findings and conclu-
24 sions.
25 5. The state board of elections shall promulgate rules and regulations
26 to implement the provisions of this section and subdivision three-a of
27 section 3-104 of this title, including, but not limited to, procedural
28 rules as provided for in subdivision three of section three hundred one
29 of the state administrative procedure act, factors to be considered in
30 setting a penalty amount pursuant to subdivision one of section 14-126
31 of this chapter, a per diem compensation rate for hearing officers, and
32 any qualifications for hearing officers which the board deems necessary
33 in order to insure their objectivity and independence. Concerning such
34 qualifications, the rules and regulations shall provide, at a minimum,
35 that hearing officers be members in good standing of the bar of this
36 state, that they refrain from appearing before the state board of
37 elections or from any activities as a lobbyist, and that they hold no
38 public office or party position.
39 6. Nothing in this section shall be construed as limiting any existing
40 powers of the state board of elections, including, but not limited to,
41 its investigative powers and its power to refer violations warranting
42 criminal prosecution to the appropriate district attorney.
43 § 12. If any section of this act or any part thereof shall be adjudged
44 by any court of competent jurisdiction to be invalid, such judgment
45 shall not affect, impair or invalidate the remainder or any other
46 section or part thereof.
47 § 13. This act shall take effect on the first of January next succeed-
48 ing the date on which it shall have become a law.
