STATE OF NEW YORK
________________________________________________________________________
10462
IN ASSEMBLY
May 25, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Walker) --
read once and referred to the Committee on Election Law
AN ACT to amend the election law and the state finance law, in relation
to making technical corrections regarding the public financing of
elections; and to repeal certain provisions of part ZZZ of chapter 58
of the laws of 2020 amending the state finance law relating to estab-
lishing the New York state campaign finance fund, in relation thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1, 11, and 19 of section 14-200-a of the
2 election law, as added by section 4 of part ZZZ of chapter 58 of the
3 laws of 2020, are amended to read as follows:
4 1. "authorized committee" means the single political committee desig-
5 nated by a candidate pursuant to [these recommendations] this title to
6 receive contributions and make expenditures in support of the candi-
7 date's campaign for such election.
8 11. (a) "matchable contribution" means a contribution not less than
9 five dollars and not more than an aggregate of two hundred fifty
10 dollars[, for a candidate for public office to be voted on by the voters
11 of the entire state or for nomination to any such office, a contribution
12 for any covered elections held in the same election cycle, made by a
13 natural person who is a resident in the state of New York to a partic-
14 ipating candidate, and for a candidate for election to the state assem-
15 bly or state senate or for nomination to any such office, a contribution
16 for any covered elections held in the same election cycle, made by a
17 natural person who is also a resident of such state assembly or state
18 senate district from which such candidate is seeking nomination or
19 election,] per unique contributor, made to a participating candidate for
20 any covered election held in the same election cycle, that has been
21 reported in full to the PCFB in accordance with sections 14-102 and
22 14-104 of this article by the candidate's authorized committee [and],
23 has been contributed on or before the day of the applicable primary,
24 general, runoff, or special election, and: (i) is for a candidate for
25 public office to be voted on by the voters of the entire state or for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14971-04-2
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1 nomination to any such office, and has been made by a natural person who
2 is a resident in the state of New York; or (ii) is for a candidate for
3 election to the state assembly or state senate or for nomination to any
4 such office, and has been made by a natural person who is also a resi-
5 dent of such state assembly or state senate district for which such
6 candidate is seeking nomination or election. Any contribution, contrib-
7 utions, or a portion of a contribution determined to be invalid for
8 matching funds by the PCFB may not be treated as a matchable contrib-
9 ution for any purpose.
10 (b) The following contributions are not matchable:
11 (i) loans;
12 (ii) in-kind contributions of property, goods, or services;
13 (iii) contributions in the form of the purchase price paid for an item
14 with significant intrinsic and enduring value;
15 (iv) transfers from a party or constituted committee;
16 (v) anonymous contributions;
17 (vi) contributions whose source is not itemized as required by [these
18 recommendations] this title;
19 (vii) contributions gathered during a previous election cycle;
20 (viii) illegal contributions;
21 (ix) contributions from minors;
22 (x) contributions from vendors for campaigns hired by the candidate
23 for such election cycle;
24 (xi) contributions from lobbyists registered pursuant to subdivision
25 (a) of section one-c of the legislative law; and
26 (xii) any portion of a contribution when the aggregate contributions
27 within the election cycle are in excess of two hundred fifty dollars
28 from any one contributor to such participating candidate for nomination
29 or election.
30 19. "surplus" means those funds where the total sum of contributions
31 received and public [matchable] matching funds received by a participat-
32 ing candidate and his or her authorized committee exceeds the total
33 campaign expenditures of such candidate and authorized committee for all
34 covered elections held in the same calendar year or for a special
35 election to fill a vacancy.
36 § 2. Subparagraphs (iii), (iv), and (v) of paragraph (i) of subdivi-
37 sion 1 and subdivision 2 of section 14-203 of the election law, as added
38 by section 4 of part ZZZ of chapter 58 of the laws of 2020, are amended
39 to read as follows:
40 (iii) Nothing in this section shall be interpreted to require a candi-
41 date who retains funds raised during any previous election cycle to
42 forfeit such funds. Funds raised during a previous election cycle may be
43 retained and used by the candidate for the candidate's campaign in the
44 next election cycle but funds shall not qualify for satisfying the
45 threshold for participating in the public campaign finance program
46 established in this title nor shall they be eligible to be matched. [The
47 PCFB shall adopt regulations to ensure that contributions that would
48 satisfy the applicable contribution limits authorized in this title
49 shall be transferred into the appropriate campaign account.] Only
50 contributions that would satisfy the applicable contribution limits
51 authorized by this title shall be transferred into the appropriate
52 campaign account. The PCFB shall adopt regulations to ensure compliance
53 with this subparagraph.
54 (iv) Contributions received and expenditures made by the candidate or
55 an authorized committee of the candidate prior to the effective date of
56 this title shall not constitute a violation of this title. Unexpended
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1 contributions shall be treated the same as [campaign surpluses] funds
2 raised during a previous election cycle under subparagraph (iii) of this
3 paragraph. Nothing in this recommendation shall be construed to limit,
4 in any way, any candidate or public official from expending any portion
5 of pre-existing campaign funds for any lawful purpose other than those
6 related to his or her campaign.
7 (v) A candidate who has raised matchable contributions but, in the
8 case of a covered primary, general or special election, is not opposed
9 by another candidate on the ballot who is not a write-in candidate, or
10 who chooses not to accept [matchable] matching funds, may retain such
11 contributions and apply them in accord with this title to the candi-
12 date's next campaign, should there be one, in the next election cycle.
13 2. Threshold for eligibility. (a) The threshold for eligibility for
14 public funding for participating candidates shall be in the case of:
15 (i) governor, not less than five hundred thousand dollars in contrib-
16 utions [including at least five thousand matchable contributions shall
17 be counted toward this qualifying threshold] from residents of the state
18 of New York, including matchable contributions from at least five thou-
19 sand unique contributors;
20 (ii) lieutenant governor, attorney general and comptroller, not less
21 than one hundred thousand dollars in contributions [including at least
22 one thousand matchable contributions shall be counted toward this quali-
23 fying threshold] from residents of the state of New York, including
24 matchable contributions from at least one thousand unique contributors;
25 (iii) state senator, except as otherwise provided in paragraph (c) of
26 this subdivision, not less than twelve thousand dollars in contributions
27 [including at least one hundred fifty matchable contributions shall be
28 counted toward this qualifying threshold] from residents of the district
29 in which the seat is to be filled, including matchable contributions
30 from at least one hundred fifty unique contributors; and
31 (iv) member of the assembly, except as otherwise provided in paragraph
32 (c) of this subdivision, not less than six thousand dollars in contrib-
33 utions [including at least seventy-five matchable contributions shall be
34 counted toward this qualifying threshold] from residents of the district
35 in which the seat is to be filled, including matchable contributions
36 from at least seventy-five unique contributors.
37 (b) However, solely for purposes of achieving the monetary thresholds
38 in paragraph (a) of this subdivision, the first two hundred fifty
39 dollars of any contribution of more than two hundred fifty dollars to a
40 candidate or a candidate's committee which would otherwise be matchable
41 except that it comes from a contributor who has contributed more than
42 two hundred fifty dollars to such candidate or candidate's committee, is
43 deemed to be a matchable contribution and shall count toward satisfying
44 such monetary threshold but shall not otherwise be considered a matcha-
45 ble contribution.
46 (c) With respect to the minimum dollar threshold for participating
47 candidates for state senate and state assembly, in such districts where
48 [average median income ("AMI") is below the AMI as determined by the
49 United States Census Bureau three years before such election for which
50 public funds are sought] the average of the district's median income as
51 determined by the bureau of the census of the United States department
52 of commerce for the three years prior to such election is below the
53 median income for the state according to the most recent census data
54 available, such minimum dollar threshold for eligibility shall be
55 reduced by one-third. The PCFB shall make public which districts are
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1 subject to such reduction no later than two years before the first
2 primary election for which funding is sought.
3 (d) Any participating candidate meeting the threshold for eligibility
4 in a primary election for one of the foregoing offices shall be
5 [applied] deemed to satisfy the threshold for eligibility for such
6 office in any other subsequent election held in the same calendar year.
7 Any participating candidate who is nominated in a primary election and
8 has participated in the public financing program set forth in this
9 title[, must] shall also participate in the public financing program in
10 the general election for such office.
11 § 3. Subdivisions 2 and 4 of section 14-205 of the election law, as
12 added by section 4 of part ZZZ of chapter 58 of the laws of 2020, are
13 amended to read as follows:
14 2. Calculation of payment. (a) In any election for a public office to
15 be voted on by the voters of the entire state or for nomination to any
16 such office, if the threshold for eligibility is met, the participating
17 candidate's authorized committee shall receive payment for qualified
18 campaign expenditures of six dollars of public matching funds for each
19 one dollar of matchable contributions, obtained and reported to the PCFB
20 in accordance with the provisions of this title. The maximum payment of
21 public matching funds shall be limited to the amounts set forth in
22 [this] section 14-204 of this title for the covered election.
23 (b) In any election for state senate or state assembly or for nomi-
24 nation to any such office, if the threshold for eligibility is met, the
25 participating candidate's authorized committee shall receive payment for
26 qualified campaign expenditures for matchable contributions of eligible
27 private funds per contributor, obtained, and reported to the PCFB here-
28 in, of: twelve dollars of public matching funds for each of the first
29 fifty dollars of matchable contributions; nine dollars of public match-
30 ing funds for each of the next one hundred dollars of public matchable
31 contributions; and eight dollars for [the] each of the next one hundred
32 dollars of public matchable contributions. The maximum payment of public
33 matching funds shall be limited to the amounts set forth in this section
34 for the covered election.
35 4. Notwithstanding any provision of this section to the contrary, the
36 amount of public funds payable to a participating candidate on the
37 ballot in any covered election shall not exceed one-quarter of the maxi-
38 mum public funds payment otherwise applicable [and no participating
39 candidate shall be eligible to receive a disbursement of public funds
40 prior to two weeks after the last day to file designating petitions for
41 a primary election] unless the participating candidate is opposed by a
42 competitive candidate. The PCFB shall, by regulation, set forth objec-
43 tive standards to determine whether a candidate is competitive and the
44 procedures for qualifying for the payment of public funds.
45 § 4. Subdivisions 1 and 2 of section 14-207 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. There shall be a public campaign finance board within the state
49 board of elections that shall be comprised of the following commission-
50 ers: the four state board of elections commissioners and three addi-
51 tional commissioners, one jointly appointed by the legislative leaders
52 of one major political party in each house of the legislature, one
53 jointly appointed by the legislative leaders of the other major poli-
54 tical party in each house of the legislature, and one of whom shall be
55 appointed by the governor. Each commissioner must be a New York state
56 resident and registered voter, and may not currently be, or within the
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1 previous five years have been, an officer of a political party or poli-
2 tical committee as defined in the election law, or a registered lobby-
3 ist. The chair of the PCFB shall be designated by the PCFB from among
4 the three additional commissioners. Each of the three additional commis-
5 sioners shall receive a per diem of three hundred fifty dollars for work
6 actually performed not to exceed twenty-five thousand dollars in any one
7 calendar year. They shall be considered public officers for purposes of
8 sections seventy-three-a and seventy-four of the public officers law.
9 The three commissioners so appointed pursuant to this recommendation
10 will be appointed for a term of five years to commence on July first,
11 two thousand twenty and may be removed by his or her appointing authori-
12 ty solely for substantial neglect of duty, gross misconduct in office,
13 or inability to discharge the power or duties of office, after written
14 notice and opportunity to be heard. During the period of his or her term
15 as a commissioner appointed hereunder, each such commissioner is barred
16 from making, or soliciting from other persons, any contributions to
17 candidates for election to the offices of governor, lieutenant governor,
18 attorney general, comptroller, member of the assembly, or state senator.
19 Any vacancy occurring on the PCFB shall be filled within thirty days of
20 its occurrence in the same manner as the member whose vacancy is being
21 filled was appointed. A person appointed to fill a vacancy occurring
22 other than by expiration of a term of office shall be appointed for the
23 unexpired term of the member he or she succeeds. Four members of the
24 PCFB shall constitute a quorum, and the PCFB shall have the power to act
25 by majority vote of the total number of members of the commission with-
26 out vacancy. All members of the PCFB shall be appointed no later than
27 the first day of July, two thousand twenty and the PCFB shall promulgate
28 such regulations as are needed no later than the first day of July, two
29 thousand twenty-one.
30 2. The PCFB and state board of elections may utilize existing state
31 board of elections staff and hire such other staff as are necessary to
32 carry out its duties. It may expand its staffing, as needed, to provide
33 additional candidate liaisons to assist candidates in complying with the
34 terms of this public campaign finance system as provided for in [these
35 recommendations] this title, as well as auditors, trainers, attorneys,
36 technical staff and other such staff as the PCFB determines is necessary
37 to administer this system. Annually, on or before the first of every
38 year, the PCFB shall submit to the governor and the division of the
39 budget a request for appropriations for the next state fiscal year to
40 fully support the administration of the public campaign finance program
41 established in this title.
42 § 5. Paragraph (a) of subdivision 2 and subdivision 3 of section
43 14-208 of the election law, as added by section 4 of part ZZZ of chapter
44 58 of the laws of 2020, are amended to read as follows:
45 (a) If the PCFB determines that any portion of the payment made to a
46 candidate's authorized committee from the fund was in excess of the
47 aggregate amount of payments that such candidate was eligible to receive
48 pursuant to this title, it shall notify such committee and such commit-
49 tee shall pay to the PCFB an amount equal to the amount of excess
50 payments. Such committee shall first utilize [the surplus] any excess
51 payments of the public matching funds for repayment of such sums and
52 then such other funds as it may have. Provided, however, that if the
53 erroneous payment was the result of an error by the PCFB, then the erro-
54 neous payment will be deducted from any future payment, if any, and if
55 no future payment is to be made then neither the candidate nor the
56 committee shall be liable to repay the excess amount to the PCFB. The
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1 candidate and the candidate's authorized committee are jointly and
2 severally liable for any repayments to the PCFB.
3 3. Rules and regulations. (a) The PCFB shall promulgate regulations
4 for the certification of the amount of funds payable by the comptroller
5 from the fund established pursuant to section ninety-two-t of the state
6 finance law, to a participating candidate that has qualified to receive
7 such payment. These regulations shall include the promulgation and
8 distribution of forms on which contributions and expenditures are to be
9 reported, the periods during which such reports must be filed, and the
10 verification required. The PCFB shall institute procedures which will
11 make possible payment by the fund within [four business days after
12 receipt of the required forms and verifications] the time limits
13 provided in section 14-205 of this title.
14 (b) All rules and regulations promulgated pursuant to this [recommen-
15 dation] title shall be promulgated pursuant to the state administrative
16 procedure act. The PCFB's determinations pursuant to such regulations
17 and [these recommendations] this title shall be deemed final.
18 § 6. Subdivision 1 of section 14-209 of the election law, as added by
19 section 4 of part ZZZ of chapter 58 of the laws of 2020, is amended to
20 read as follows:
21 1. Civil penalties. Violations of any provisions regarding public
22 campaign financing stated in this title or regulation promulgated pursu-
23 ant to this title shall be subject to a civil penalty in an amount not
24 in excess of fifteen thousand dollars and such other lesser fines as the
25 PCFB may promulgate in regulation. Such regulations shall include a
26 schedule of fines for alleged failures to file, late reports and noticed
27 deficiencies, including fines that the PCFB may assess directly on
28 violators. Candidates may contest alleged [failures to file, late
29 reports and reports with noticed deficiencies and have an opportunity
30 to] infractions and may be heard by the PCFB in accordance with subdivi-
31 sion two of this section. [The PCFB shall promulgate a regulation
32 setting forth a schedule of fines for such infractions including those
33 that it may assess directly on violators.] The PCFB shall investigate
34 referrals and complaints. After investigation, it may recommend dismiss-
35 al, settlement, civil action, or referral to law enforcement. The PCFB
36 may assess penalties and it is authorized to commence a civil action in
37 court to enforce all penalties and recover money due.
38 § 7. Section 14-212 of the election law, as added by section 4 of part
39 ZZZ of chapter 58 of the laws of 2020, is amended to read as follows:
40 § 14-212. Severability. 1. If any clause, sentence, paragraph, subdi-
41 vision, section or part of this article shall be determined by any court
42 of competent jurisdiction to be invalid, such judgment shall not affect,
43 impair or invalidate the remainder thereof, but shall be confined in its
44 operation to the particular clause, sentence, paragraph, subdivision,
45 section or part thereof directly found invalid in the judgment rendered.
46 It is hereby declared to be the intent of the legislature that this
47 article would have been enacted even if such invalid provisions had not
48 been included herein.
49 2. If any clause, sentence, or other portion of paragraph (c) of
50 subdivision two of section 14-203 of this title be adjudged by any court
51 of competent jurisdiction to be invalid, then subparagraphs (iii) and
52 (iv) of paragraph (a) of subdivision two of section 14-203 of this title
53 shall read as follows:
54 (iii) state senator, except as otherwise provided in paragraph (c) of
55 this subdivision, not less than ten thousand dollars in [matchable
56 contributions including at least one hundred and fifty matchable
A. 10462 7
1 contributions in an amount greater than five dollars and no greater than
2 the limits in this chapter, of which the first two hundred fifty dollars
3 shall be counted toward this qualifying threshold] contributions from
4 residents of the district in which the seat is to be filled, including
5 matchable contributions from at least one hundred fifty unique contribu-
6 tors; and
7 (iv) member of the assembly, except as otherwise provided in paragraph
8 (c) of this subdivision, not less than five thousand dollars in [matcha-
9 ble] contributions [including at least seventy-five matchable contrib-
10 utions in an amount greater than five dollars and no greater than the
11 limits in this chapter, of which the first two hundred fifty dollars
12 shall be counted toward this qualifying threshold] from residents of the
13 district in which the seat is to be filled, including matchable contrib-
14 utions from at least seventy-five unique contributors.
15 § 8. Subdivision 6 of section 92-t of the state finance law, as added
16 by section 5 of part ZZZ of chapter 58 of the laws of 2020, is amended
17 to read as follows:
18 6. No public funds shall be paid to any participating candidates in a
19 primary election any earlier than [thirty days after designating
20 petitions or certificates of nomination have been filed] one hundred
21 twenty days before the primary election and not later than thirty days
22 after such primary election.
23 § 9. Paragraphs a, b, c and d of subdivision 1 of section 14-114 of
24 the election law, paragraphs a, b and c as amended and paragraph d as
25 added by section 3 of part ZZZ of chapter 58 of the laws of 2020, are
26 amended to read as follows:
27 a. In any election for a public office to be voted on by the voters of
28 the entire state, or for nomination to any such office, no contributor
29 may make a contribution to any candidate or political committee, not
30 participating in the state's public campaign financing system pursuant
31 to title two of this article and no such candidate or political commit-
32 tee may accept any contribution from any contributor, which is in the
33 aggregate amount greater than eighteen thousand dollars divided equally
34 among the primary and general election in an election cycle; provided
35 however, that the maximum amount which may be so contributed or
36 accepted, in the aggregate, from any candidate's child, parent, grand-
37 parent, brother and sister, and the spouse of any such persons, shall
38 not exceed in the case of any nomination to public office an amount
39 equivalent to the product of the number of enrolled voters in the candi-
40 date's party in the state, excluding voters in inactive status, multi-
41 plied by $.025, and in the case of any election for a public office, an
42 amount equivalent to the product of the number of registered voters in
43 the state excluding voters in inactive status, multiplied by $.025.
44 b. In any other election for party position or for election to a
45 public office or for nomination for any such office, no contributor may
46 make a contribution to any candidate or political committee not partic-
47 ipating in the state's public campaign financing system pursuant to
48 title two of this article and no such candidate or political committee
49 may accept any contribution from any contributor, which is in the aggre-
50 gate amount greater than election for party position, or for nomination
51 to public office, the product of the total number of enrolled voters in
52 the candidate's party in the district in which he is a candidate,
53 excluding voters in inactive status, multiplied by $.05, and [(ii)] in
54 the case of any election for a public office, the product of the total
55 number of registered voters in the district, excluding voters in inac-
56 tive status, multiplied by $.05, however in the case of a nomination
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1 within the city of New York for the office of mayor, public advocate or
2 comptroller, such amount shall be not less than four thousand dollars
3 nor more than twelve thousand dollars as increased or decreased by the
4 cost of living adjustment described in paragraph c of this subdivision;
5 in the case of an election within the city of New York for the office of
6 mayor, public advocate or comptroller, twenty-five thousand dollars as
7 increased or decreased by the cost of living adjustment described in
8 paragraph c of this subdivision; in the case of a nomination or election
9 for state senator, ten thousand dollars, divided equally among the
10 primary and general election in an election cycle; in the case of an
11 election or nomination for a member of the assembly, six thousand
12 dollars, divided equally among the primary and general election in an
13 election cycle; provided however, that the maximum amount which may be
14 so contributed or accepted, in the aggregate, from any candidate's
15 child, parent, grandparent, brother and sister, and the spouse of any
16 such persons, shall not exceed in the case of any election for party
17 position or nomination for public office an amount equivalent to the
18 number of enrolled voters in the candidate's party in the district in
19 which he is a candidate, excluding voters in inactive status, multiplied
20 by $.25 and in the case of any election to public office, an amount
21 equivalent to the number of registered voters in the district, excluding
22 voters in inactive status, multiplied by $.25; or twelve hundred fifty
23 dollars, whichever is greater, or in the case of a nomination or
24 election of a state senator, twenty thousand dollars, whichever is
25 greater, or in the case of a nomination or election of a member of the
26 assembly twelve thousand five hundred dollars, whichever is greater, but
27 in no event shall any such maximum exceed one hundred thousand dollars.
28 c. In any election for a public office to be voted on by the voters of
29 the entire state, or for nomination to any such office, no contributor
30 may make a contribution to any candidate or political committee in
31 connection with a candidate who is [not] a participating candidate as
32 defined in subdivision fourteen of section 14-200-a of this article, and
33 no such candidate or political committee may accept any contribution
34 from any contributor, which is in the aggregate amount greater than
35 eighteen thousand dollars, divided equally among the primary and general
36 election in an election cycle[; provided however, that the maximum
37 amount which may be so contributed or accepted, in the aggregate, from
38 any candidate's child, parent, grandparent, brother and sister, and the
39 spouse of any such persons, shall not exceed in the case of any nomi-
40 nation to public office an amount equivalent to the product of the
41 number of enrolled voters in the candidate's party in the state, exclud-
42 ing voters in inactive status, multiplied by $.025, and in the case of
43 any election for a public office, an amount equivalent to the product of
44 the number of registered voters in the state, excluding voters in inac-
45 tive status, multiplied by $.025].
46 d. In any nomination or election of a candidate who is [not] a partic-
47 ipating candidate for state senator, ten thousand dollars, divided
48 equally among the primary and general election in an election cycle; in
49 the case of an election or nomination for a member of the assembly, six
50 thousand dollars, divided equally among the primary and general election
51 in an election cycle.
52 § 10. Section 11 of part ZZZ of chapter 58 of the laws of 2020 amend-
53 ing the state finance law relating to establishing the New York state
54 campaign finance fund, is REPEALED.
55 § 11. This act shall take effect immediately; provided, however, that
56 sections one, two, three, four, five, six, and seven of this act shall
A. 10462 9
1 take effect on the same date and in the same manner as section 4 of part
2 ZZZ of chapter 58 of the laws of 2020, takes effect and section nine of
3 this act shall take effect on the same date and in the same manner as
4 section 3 of part ZZZ of chapter 58 of the laws of 2020, takes effect.
