A09281 Summary:

BILL NOA09281
 
SAME ASNo Same As
 
SPONSORHeastie
 
COSPNSRMorelle, Farrell, Wright, Weinstein, Gottfried, Lentol, Gantt, Brennan, Cook, Glick, Cahill, Dinowitz, Colton, Paulin, Lifton, Peoples-Stokes, O'Donnell, Titus, Benedetto, Lavine, Lupardo, Hevesi, Jaffee, Kavanagh, Rosenthal, Schimel, Russell, Braunstein, Bronson, Moya, Weprin, Abinanti, Simotas, Brindisi, Fahy, Mayer, McDonald, Mosley, Otis, Rozic, Sepulveda, Steck, Davila, Pichardo, Galef, Quart, Thiele, Richardson, Jean-Pierre, Skartados, Joyner, Hyndman, Harris
 
MLTSPNSRBuchwald, Cymbrowitz, Englebright, Ramos
 
Amd 3-104, Art 14 Art Head, add Art 14 Title 2 14-200 - 14-228, 16-103 & 4-115, El L; add 359-gg, Gen Bus L; add 92-t, amd 95, St Fin L; add 630-a, Tax L
 
Enacts the "2016 Fair Elections Act"; relates to providing for optional partial public financing of certain election campaigns in this state; relates to identification of the source of certain political contributions; establishes the contribution to the New York state fair elections fund.
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A09281 Actions:

BILL NOA09281
 
02/10/2016referred to election law
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A09281 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9281
 
                   IN ASSEMBLY
 
                                    February 10, 2016
                                       ___________
 
        Introduced  by  M.  of  A. HEASTIE, MORELLE, FARRELL, WRIGHT, WEINSTEIN,
          GOTTFRIED, LENTOL, GANTT,  BRENNAN,  COOK,  GLICK,  CAHILL,  DINOWITZ,
          COLTON,  PAULIN,  LIFTON, PEOPLES-STOKES, O'DONNELL, TITUS, BENEDETTO,
          LAVINE,  LUPARDO,  HEVESI,  JAFFEE,  KAVANAGH,   ROSENTHAL,   SCHIMEL,
          RUSSELL, BRAUNSTEIN, BRONSON, MOYA, WEPRIN, ABINANTI, SIMOTAS, BRINDI-
          SI,  FAHY,  MAYER,  McDONALD,  MOSLEY,  OTIS, ROZIC, SEPULVEDA, STECK,
          DAVILA, PICHARDO -- Multi-Sponsored by -- M. of  A.  BUCHWALD,  ENGLE-
          BRIGHT -- read once and referred to the Committee on Election Law
 
        AN ACT to amend the election law, in relation to enacting the "2016 Fair
          Elections  Act";  to amend the election law, the state finance law and
          the tax law, in relation to  providing  for  optional  partial  public
          financing  of  certain  election campaigns in this state; and to amend
          the general business law, in relation to additional surcharges
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short title.  This act shall be known and may be cited as
     2  the "2016 Fair Elections Act".
     3    § 2. Legislative findings and declarations. The  legislature  declares
     4  that  is  in the public interest to create and ensure a truly democratic
     5  political system  in  which  citizens,  irrespective  of  their  income,
     6  status,  or financial connections, are enabled and encouraged to compete
     7  for public office.   Therefore, the legislature finds  it  necessary  to
     8  establish  a system of public financing for all qualified candidates for
     9  state elective offices and constitutional convention delegates.
    10    § 3. Paragraph (b) of subdivision 5 of section 3-104 of  the  election
    11  law,  as  added by section 4 of subpart B of part H of chapter 55 of the
    12  laws of 2014, is amended to read as follows:
    13    (b) If the chief enforcement counsel determines that reasonable  cause
    14  exists  to believe a violation warranting criminal prosecution has taken
    15  place, the chief enforcement counsel shall present such findings to  the
    16  board.  Within  thirty  days of such submission, the board shall vote on
    17  whether to accept or reject such findings. For  purposes  of  voting  on
    18  acceptance  or  rejection  of findings by the chief enforcement counsel,
    19  the chief enforcement counsel shall be entitled to  participate  in  all
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14063-03-6

        A. 9281                             2
 
     1  matters related to the review of his or her report and shall vote on its
     2  acceptance  or rejection only when there is a tie. Should the board fail
     3  to vote to either accept or reject the findings within  thirty  days  of
     4  submission  of such findings, or should the board accept the findings by
     5  the chief enforcement counsel that there is reasonable cause to  believe
     6  that  a  violation  warranting criminal prosecution has taken place, the
     7  chief enforcement counsel shall, forthwith, and in any  event  no  later
     8  than  seven  calendar days of such failure to accept or reject the find-
     9  ings by the board, refer such matter to the attorney general or district
    10  attorney with jurisdiction over  such  matter  to  commence  a  criminal
    11  action as such term is defined in the criminal procedure law.  Provided,
    12  however,  where  reasonable cause exists to believe that a candidate for
    13  the office of attorney general has violated any provision of this  chap-
    14  ter,  the state board shall refer the matter to the district attorney of
    15  the appropriate county.
    16    § 4.  The article heading of article 14 of the election law is amended
    17  to read as follows:
    18            CAMPAIGN RECEIPTS AND EXPENDITURES; PUBLIC FINANCING
    19    § 5. Article 14 of the election law is amended by adding a new title 2
    20  to read as follows:
    21                                  TITLE II
    22                              PUBLIC FINANCING
    23  Section 14-200. Applicability of title.
    24          14-202. Definitions.
    25          14-204. Reporting requirements.
    26          14-206. Eligibility.
    27          14-208. Qualified campaign expenditures.
    28          14-210. Optional public financing.
    29          14-212. Contribution and receipt limitations.
    30          14-214. Limitations on the receipt of public funds.
    31          14-216. State board; general powers and duties.
    32          14-218. Examinations and audits.
    33          14-220. Civil penalty.
    34          14-222. Criminal penalties.
    35          14-224. Reports.
    36          14-226. Debates.
    37          14-228. Distributions from fair elections fund.
    38    § 14-200. Applicability of title. This title shall only apply to those
    39  candidates who elect to participate in  the  optional  public  financing
    40  system.
    41    §  14-202.  Definitions. As used in this title, unless another meaning
    42  is clearly indicated:
    43    1. The term "board" means the state board of elections.
    44    2. The term "eligible candidate" shall mean a candidate for nomination
    45  or election to any of the  offices  of  governor,  lieutenant  governor,
    46  comptroller, attorney general, member of the state legislature, at-large
    47  delegate  to  a  constitutional  convention  or  district  delegate to a
    48  constitutional convention.
    49    3. The term "participating committee" shall mean a  single  authorized
    50  political  committee  which  a candidate certifies is the committee that
    51  will solely be used to participate in the public financing system estab-
    52  lished by this title in the election cycle in which the primary, general
    53  or special election is held for the public office sought.  A  multi-can-
    54  didate committee may not be a participating committee.
    55    4.  The  term  "participating candidate" shall mean a candidate who is
    56  eligible to participate in the optional public financing  system  estab-

        A. 9281                             3
 
     1  lished  by  this  title,  has  met the threshold for eligibility and has
     2  elected to participate in the public financing system.
     3    5.  The  term  "nonparticipating candidate" shall mean a candidate for
     4  any office eligible for optional public financing under this title for a
     5  covered election who fails to file a statement in the form of an affida-
     6  vit pursuant to section 14-210 of this title.
     7    6. The term "matchable contributions" shall mean that portion  of  the
     8  aggregate  contributions  made  (a)  in the case of a primary or general
     9  election, during the election cycle in  which  the  primary  or  general
    10  election  is  held  for the public office sought or (b) in the case of a
    11  special election, within six months of such election, by natural persons
    12  resident in the state of New York  to  a  candidate  for  nomination  or
    13  election  to  any of the offices covered by the provisions of this title
    14  which do not exceed two hundred fifty dollars, which have been  reported
    15  in full by the candidate's participating committee to the board, includ-
    16  ing the contributor's full name and residential address.  A loan may not
    17  be treated as a matchable contribution.  The following contributions are
    18  not matchable:
    19    (a) in-kind contributions of property, goods, or services;
    20    (b)  contributions  in the form of the purchase price paid for an item
    21  with significant intrinsic and enduring value;
    22    (c) contributions in the form of the purchase price paid for or other-
    23  wise induced by a chance to participate in a raffle, lottery, or similar
    24  drawing for valuable prizes;
    25    (d) money order contributions from any one contributor  that  are,  in
    26  the aggregate, greater than one hundred dollars;
    27    (e) contributions from individuals under the age of eighteen years;
    28    (f)  contributions  from  individual vendors to whom the participating
    29  candidate or his or her principal committee  makes  an  expenditure,  in
    30  furtherance  of  the  nomination for election or election covered by the
    31  candidate's certification, unless such  expenditure  is  reimbursing  an
    32  advance.
    33    7. The term "qualified campaign expenditure" shall mean an expenditure
    34  for which public funds may be used.
    35    8.  The  term "fund" shall mean the New York state fair elections fund
    36  created by section ninety-two-t of the state finance law.
    37    9. The term "threshold for eligibility" shall mean the amount of total
    38  matchable contributions that the participating committee of an otherwise
    39  eligible candidate must receive, as required by section 14-206  of  this
    40  title,  in  order  to  qualify for optional public financing pursuant to
    41  this title.
    42    10. The term "contribution" shall have the same meaning as in subdivi-
    43  sion nine of section 14-100 of this article.
    44    11. The term "election cycle" shall mean the two year period  starting
    45  the  day  after  the  last general election for candidates for the state
    46  legislature and shall mean the four year period starting after  the  day
    47  after the last general election for candidates for statewide office.
    48    §  14-204.  Reporting  requirements.  1. Every participating candidate
    49  shall only designate one authorized  committee  for  the  public  office
    50  sought.  Before receiving any contribution or making any expenditure for
    51  a  covered election, each participating candidate shall notify the board
    52  as to the existence of his or her authorized  committee  that  has  been
    53  designated  and approved by such candidate. Each such authorized commit-
    54  tee shall, before  opening  a  committee  bank  account,  receiving  any
    55  contribution or making any expenditure for a covered election:
    56    (a) designate a treasurer; and

        A. 9281                             4
 
     1    (b)  obtain  a  tax  identification  number  from the internal revenue
     2  service.
     3    2.  Disclosure. (a) Every participating candidate shall file financial
     4  disclosure reports with the board as required by title one of this arti-
     5  cle.
     6    (b) The board shall review each disclosure report  filed  pursuant  to
     7  title  one of this article and shall inform participating candidates and
     8  political committees, including the authorized  committee,  of  relevant
     9  questions  the board has concerning: (i) compliance with requirements of
    10  this title and of the rules issued by the board; and (ii)  qualification
    11  for  receiving  public  matching  funds  pursuant  to this title. In the
    12  course of such review, the board shall  give  candidates  and  political
    13  committees,  including  the  authorized  committee,  an  opportunity  to
    14  respond to and correct  potential  violations  and  give  candidates  an
    15  opportunity  to address questions the board has concerning their matcha-
    16  ble contribution claims  or  other  issues  concerning  eligibility  for
    17  receiving  public matching funds pursuant to this title. Nothing in this
    18  paragraph shall preclude the board from subsequently  reviewing  such  a
    19  disclosure  report  and  taking  any action otherwise authorized by this
    20  title.
    21    (c) Only itemized contributions contained in reports  filed  with  the
    22  board shall be eligible for matching funds pursuant to this title.
    23    § 14-206. Eligibility. 1. To be eligible for optional public financing
    24  under this title, a candidate for nomination or election must:
    25    (a)  Meet all the requirements of this chapter and other provisions of
    26  law to have his or her name on the ballot;
    27    (b) Be a candidate for statewide  office,  the  state  legislature  or
    28  delegate to a constitutional convention at a primary, general or special
    29  election and meet the threshold for eligibility set forth in subdivision
    30  two of this section;
    31    (c) Elect to participate in the public financing system established by
    32  this  title  not later than seven days after the last day to file desig-
    33  nating petitions for the office such candidate is  seeking  or,  in  the
    34  case of a special election, not later than the last day to file nominat-
    35  ing certificates for such office;
    36    (d)  Agree  to  obtain  and  furnish  to the board any evidence it may
    37  reasonably request relating to  his  or  her  campaign  expenditures  or
    38  contributions and furnish such other proof of compliance with this title
    39  as may be requested by the board;
    40    (e)  Have  a  single  authorized  political  committee which he or she
    41  certifies as the participating committee for the purposes of this title;
    42    (f) Agree to identify accurately in all campaign materials the  person
    43  or entity that paid for such campaign material; and
    44    (g)  Those candidates who did not elect to participate in the optional
    45  public financing system in the  immediately  preceding  election  cycle,
    46  agree  not to expend for campaign purposes any portion of any pre-exist-
    47  ing funds raised for any public office or party position.    Nothing  in
    48  this paragraph shall be construed to limit, in any way, any candidate or
    49  public  official  from  expending  any  portion of pre-existing campaign
    50  funds for any lawful purpose other than those  related  to  his  or  her
    51  campaign.
    52    (h)  Agree  not  to  accept  contributions in excess of the limits set
    53  forth in section 14-212 of this title.
    54    2. The threshold for eligibility for public funding for candidates  in
    55  a  primary,  general or special election for the following offices shall
    56  be:

        A. 9281                             5
 
     1    (a) Governor in a primary or  general  election.  Not  less  than  six
     2  hundred  fifty  thousand dollars from at least six thousand five hundred
     3  matchable contributions made up of sums  of  up  to  two  hundred  fifty
     4  dollars per individual contributor who resides in New York state.
     5    (b)  Lieutenant  governor  in  a  primary  election and comptroller or
     6  attorney general in a primary or general election.   Not less  than  two
     7  hundred  thousand  dollars from at least two thousand matchable contrib-
     8  utions made up of sums of up to two hundred fifty dollars per individual
     9  contributor who resides in New York state.
    10    (c) Members of the state senate  in  a  primary,  general  or  special
    11  election.  Not  less  than  twenty  thousand  dollars  from at least two
    12  hundred matchable contributions made up of sums of  up  to  two  hundred
    13  fifty  dollars  per individual contributor who resides in New York state
    14  including at least ten thousand dollars from at least one hundred  indi-
    15  vidual  contributors  who reside in the senate district or reside in any
    16  portion of any county which constitutes any measure of the  district  in
    17  which the seat is to be filled.
    18    (d) Members of the assembly in a primary, general or special election.
    19  Not  less  than ten thousand dollars from at least one hundred matchable
    20  contributions made up of sums of up to two  hundred  fifty  dollars  per
    21  individual  contributor who resides in New York state including at least
    22  five thousand dollars from at least fifty individuals who reside in  the
    23  assembly  district  or reside in any portion of any county which consti-
    24  tutes any measure of the district in which the seat is to be filled.
    25    (e) At-large delegate to a constitutional convention in a  primary  or
    26  general  election.  Not  less than twenty thousand dollars from at least
    27  two hundred matchable contributions made up of sums of up to two hundred
    28  fifty dollars per individual contributor who resides in New York state.
    29    (f) District delegate to a constitutional convention in a  primary  or
    30  general  election.  Not  less  than  five thousand dollars from at least
    31  fifty matchable contributions made up of sums of up to two hundred fifty
    32  dollars per individual contributor who resides in the district or in the
    33  constituent county or resides in any portion of any county which consti-
    34  tutes any measure of the district in which the seat is to be filled.
    35    3. In order to be eligible  to  receive  public  funds  in  a  primary
    36  election  a  candidate must agree, that in the event such candidate is a
    37  candidate for such office in the general election  in  such  year,  that
    38  such candidate will be bound by the provisions of this title, including,
    39  but not limited to, the public funds receipt limits of this title.
    40    4.  Candidates  who are contested in a primary election and who do not
    41  seek public funds shall not be eligible for public funds for the general
    42  election in that year. The provisions  of  this  subdivision  shall  not
    43  apply to candidates for the office of lieutenant governor.
    44    5. Candidates who are unopposed in a general or special election shall
    45  not be eligible to receive public funds.
    46    6.  No  candidate  for  election to an office in a primary, general or
    47  special election who has elected to participate in the public  financing
    48  system  shall be deemed opposed and receive public funds unless there is
    49  at least one other candidate, as defined by subdivision seven of section
    50  14-100 of this article for such office in such election.
    51    § 14-208. Qualified campaign expenditures. 1.  Public  funds  provided
    52  under  the provisions of this title may only be used for expenditures by
    53  the participating committee authorized by the candidate to make expendi-
    54  tures on such candidate's behalf, to further the candidate's  nomination
    55  or election.
    56    2. Such public funds may not be used for:

        A. 9281                             6
 
     1    (a)  An expenditure in violation of any law of the United States or of
     2  this state;
     3    (b)  Payments  or  anything of value given or made to the candidate, a
     4  relative of the candidate, or to a business entity  in  which  any  such
     5  person  has  a ten percent or greater ownership interest or of which any
     6  such person is an officer, director or employee in excess  of  the  fair
     7  market  value of such services, materials, facilities or other things of
     8  value received in exchange;
     9    (c) Payment in excess of the fair market value of services, materials,
    10  facilities or other things of value received in exchange;
    11    (d) Any expenditure made after the  participating  candidate,  or  the
    12  only  remaining opponent of such candidate, has been disqualified or had
    13  such candidate's petitions declared invalid by a board of elections or a
    14  court of  competent  jurisdiction  until  and  unless  such  finding  is
    15  reversed by a higher authority.
    16    (e)  Any expenditure made to challenge the validity of any petition of
    17  designation or nomination or any certificate of nomination,  acceptance,
    18  authorization, declination or substitution;
    19    (f) Expenditure for noncampaign related food, drink or entertainment;
    20    (g) Gifts, except brochures, buttons, signs, or other printed campaign
    21  materials; and
    22    (h) Contributions or transfers to a political committee.
    23    §  14-210.  Optional public financing. 1. Participating candidates for
    24  nomination or election in primary, general  and  special  elections  may
    25  obtain payment to a participating committee from public funds for quali-
    26  fied  campaign  expenditures.  No  such  public funds shall be paid to a
    27  participating committee until the candidate has qualified to  appear  on
    28  the  ballot  and  filed  a  sworn  statement  with the board electing to
    29  participate in the optional public  financing  system  and  agreeing  to
    30  abide  by the requirements of this title.  Payments shall not exceed the
    31  amounts specified in this title, and shall be made  only  in  accordance
    32  with  the  provisions of this title. Such payments may only be made to a
    33  participating candidate's participating committee. No public funds shall
    34  be used except  as  reimbursement  or  payment  for  qualified  campaign
    35  expenditures  actually  and  lawfully incurred or to repay loans used to
    36  pay qualified campaign expenditures.
    37    2. The participating committee of each participating  candidate  shall
    38  be entitled to six dollars in public funds for each one dollar of match-
    39  able contributions obtained and reported to the board in accordance with
    40  the provisions of this title, provided, however, such public funds shall
    41  only be used for qualified campaign expenditures.
    42    3.  (a) No participating candidate for nomination for an office who is
    43  unopposed in a primary election shall be entitled to  payment  from  the
    44  fund for qualified campaign expenditures.
    45    (b)  Where there is a contest in such primary for the nomination of at
    46  least one other party for such office, the participating committee of an
    47  unopposed participating candidate for nomination may raise and spend  an
    48  amount equal to one-half the public funds receipt limit for such office,
    49  as  fixed by this title for candidates who have elected to accept public
    50  funds, with contributions of up to two thousand dollars per contributor.
    51  Such payment can only be expended for property, services  or  facilities
    52  used on or before the date of such primary election.
    53    4.  The  board  shall promptly examine all reports of contributions to
    54  determine whether, on their face, they meet the requirements for matcha-
    55  ble contributions, and shall keep a record of such contributions.

        A. 9281                             7
 
     1    5. The board shall promulgate regulations for the certification of the
     2  amount of funds payable by the comptroller, from  the  fund  established
     3  pursuant  to section ninety-two-t of the state finance law, to a partic-
     4  ipating candidate that has qualified  to  receive  such  payment.  These
     5  regulations  shall include the promulgation and distribution of forms on
     6  which contributions and expenditures are to  be  reported,  the  periods
     7  during  which  such reports must be filed and the verification required.
     8  The board shall institute procedures which will make possible payment by
     9  the fund within two business days after receipt of  the  required  forms
    10  and verifications.
    11    §  14-212.  Contribution  and receipt limitations. 1.  In any primary,
    12  special or general election for any statewide office, state  legislative
    13  office  or  constitutional convention delegate no contributor may make a
    14  contribution to any participating candidate or such candidate's  partic-
    15  ipating  committee,  and  no  participating  candidate  or participating
    16  committee may accept any contribution from any contributor which, in the
    17  aggregate amount, is greater than two thousand dollars.
    18    2. (a) Notwithstanding the public funds receipt limit for such  office
    19  as  fixed by this title for candidates who have elected to accept public
    20  funds, a participating candidate for governor or lieutenant governor  in
    21  a  primary or general election or such candidate's participating commit-
    22  tee may accept from a state constituted committee  which  has  nominated
    23  such  candidate  services in an amount which, in the aggregate, does not
    24  exceed two million five hundred  thousand  dollars;  provided,  however,
    25  that twenty-five percent of such amount may be accepted in the form of a
    26  transfer.
    27    (b)  Notwithstanding the public funds receipt limit for such office as
    28  fixed by this title for candidates who have  elected  to  accept  public
    29  funds,  a participating candidate for attorney general or comptroller in
    30  a primary or general election or such candidate's participating  commit-
    31  tee  may  accept  from a state constituted committee which has nominated
    32  such candidate services in an amount which, in the aggregate,  does  not
    33  exceed  one million dollars; provided, however, that twenty-five percent
    34  of such amount may be accepted in the form of a transfer.
    35    (c) Notwithstanding the public funds receipt limit for such office  as
    36  fixed  by  this  title  for candidates who have elected to accept public
    37  funds, a participating candidate for state senator in a primary, general
    38  or special election or  such  candidate's  participating  committee  may
    39  accept  from  a  state  constituted  committee  which has nominated such
    40  candidate services in   an amount which,  in  the  aggregate,  does  not
    41  exceed one hundred thousand dollars; provided, however, that twenty-five
    42  percent of such amount may be accepted in the form of a transfer.
    43    (d)  Notwithstanding the public funds receipt limit for such office as
    44  fixed by this title for candidates who have  elected  to  accept  public
    45  funds,  a participating candidate for member of the assembly in a prima-
    46  ry, general  or  special  election  or  such  candidate's  participating
    47  committee  may accept from a state constituted committee which has nomi-
    48  nated such candidate services in an amount which, in the aggregate, does
    49  not exceed fifty thousand dollars; provided, however,  that  twenty-five
    50  percent of such amount may be accepted in the form of a transfer.
    51    (e)  Notwithstanding the public funds receipt limit for such office as
    52  fixed by this title for candidates who have  elected  to  accept  public
    53  funds,  a  participating  candidate for delegate at-large to a constitu-
    54  tional convention in a general election or such candidate's  participat-
    55  ing  committee  may  accept from a state constituted committee which has
    56  nominated such candidate services in an amount which, in the  aggregate,

        A. 9281                             8
 
     1  does  not exceed fifty thousand dollars; provided, however, that twenty-
     2  five percent of such amount may be accepted in the form of a transfer.
     3    (f)  Notwithstanding the public funds receipt limit for such office as
     4  fixed by this title for candidates who have  elected  to  accept  public
     5  funds,  a  participating  candidate for district delegate to a constitu-
     6  tional convention in a general election or such candidate's  participat-
     7  ing  committee  may  accept from a state constituted committee which has
     8  nominated such candidate services in an amount which, in the  aggregate,
     9  does  not  exceed  ten thousand dollars; provided, however, that twenty-
    10  five percent of such amount may be accepted in the form of a transfer.
    11    (g) For purposes of  this  subdivision,  the  term  state  constituted
    12  committee includes any of its subcommittees.
    13    3. Notwithstanding any public funds receipt limit in this subdivision,
    14  each  county  committee  of  any  party  which nominates a candidate for
    15  statewide office or state legislative office, including within the  term
    16  county committee any of its subcommittees, may expend in support of such
    17  party's  candidates for statewide office or state legislative office who
    18  has agreed to accept public financing, an amount which shall not  exceed
    19  the  sum of two cents for each voter registered in such county as deter-
    20  mined by the records of the appropriate board of  elections  as  of  the
    21  preceding general election.
    22    4.  In  computing  the  aggregate amount expended for purposes of this
    23  section, expenditures made by a state constituted committee or a  county
    24  committee in support of more than one candidate shall be allocated among
    25  such  candidates  supported by the committee in accordance with formulas
    26  promulgated by the board or, in the absence of such  official  formulas,
    27  in accordance with a formula based upon reasonable standards. The state-
    28  ments  filed by such constituted committee in accordance with this chap-
    29  ter shall set forth, in addition to the other information required,  the
    30  total  amount  expended  by  the  party  committee on behalf of all such
    31  candidates and the amount allocated to each candidate by  dollar  amount
    32  and  percentage.    Expenditures  by a party for activities which do not
    33  support or oppose the election of any candidate or candidates by name or
    34  by clear inference shall not be regarded as expenditures on behalf of or
    35  in opposition to a candidate.
    36    5. A participating candidate for a  public  office  for  which  public
    37  funds are available pursuant to this title shall not accept any contrib-
    38  utions  any earlier than one day after the previous general election for
    39  the office which such candidate is seeking, or any later than the day of
    40  the general election for the office sought, except that a  participating
    41  candidate  or  participating committee which has a deficit on the day of
    42  the general election may, after such date, accept contributions which do
    43  not exceed the amount of such deficit and the expenses incurred in rais-
    44  ing such contributions or the expenditure limit for such office as fixed
    45  by this title for candidates who have elected to accept public funds.
    46    6. Except for the limitations specifically set forth in this  section,
    47  participating  candidates  shall  be  subject  to the provisions of this
    48  article.
    49    § 14-214. Limitations on the receipt of public funds.   The  following
    50  limitations  apply  to  the  total  amount  of  public funds that may be
    51  provided to a participating  candidate's  authorized  committee  for  an
    52  election cycle:
    53    1.  In  any primary election, receipt of public funds by participating
    54  candidates and by their participating committees shall not exceed:
    55    (i) for governor, the sum of nine million dollars;

        A. 9281                             9
 
     1    (ii) for lieutenant governor, comptroller or attorney general, the sum
     2  of six million dollars;
     3    (iii) for senator, the sum of three hundred fifty thousand dollars;
     4    (iv) for member of the assembly, the sum of one hundred fifty thousand
     5  dollars;
     6    (v)  for  at-large delegate to a constitutional convention, the sum of
     7  one hundred seventy-five thousand dollars;
     8    (vi) for district delegates to a constitutional convention, the sum of
     9  fifty thousand dollars;
    10    2. In any general or special election,  receipt  of  public  funds  by
    11  participating  candidates for the following offices and by their partic-
    12  ipating committees shall not exceed the following amounts:
    13    Candidates for election to the office of:
    14    Governor and lieutenant governor (combined)                $12,000,000
    15    Attorney general                                           $8,000,000
    16    Comptroller                                                $8,000,000
    17    Member of senate                                           $400,000
    18    Member of assembly                                         $200,000
    19    Delegate at-large to a constitutional convention           $350,000
    20    District delegate to a constitutional convention           $75,000
    21    3. Participating candidates for office who are unopposed in the prima-
    22  ry election may receive public funds before the  primary  election,  for
    23  services,  materials  or  facilities  used on or before the date of such
    24  primary election, an amount equal to half the sum such candidates  would
    25  be entitled to receive if their nomination was contested in such primary
    26  election  provided  there  is a primary contest for the nomination of at
    27  least one other party for such office.
    28    4. Nothing in this section shall be construed to limit the  amount  of
    29  private  funds  a  participating  candidate  may  receive subject to the
    30  contribution limits contained in section 14-212 of this title.
    31    5. At the beginning of each second calendar year,  commencing  in  two
    32  thousand  sixteen,  the  board  shall  determine  the  percentage of the
    33  difference between the most  recent  available  monthly  consumer  price
    34  index  for all urban consumers published by the the United States bureau
    35  of labor statistics and such consumer price index published for the same
    36  month four years previously. The amount of  each  public  funds  receipt
    37  limitation fixed in this section shall be adjusted by the amount of such
    38  percentage  difference  to  the closest one hundred dollars by the board
    39  which, not later than the first day of February in each such year, shall
    40  issue a regulation publishing  the  amount  of  each  such  contribution
    41  limit. Each public fund receipt limit as so adjusted shall be the public
    42  funds receipt limit in effect for any election held before the next such
    43  adjustment.
    44    § 14-216. State board; general powers and duties.  1. The board shall:
    45    (a)  (i)  render  advisory  opinions with respect to questions arising
    46  under this article upon the written request of a candidate,  an  officer
    47  of a political committee or member of the public, or upon its own initi-
    48  ative;  (ii)  promulgate  rules regarding reasonable times to respond to
    49  such requests; and (iii) make public the questions of interpretation for
    50  which advisory opinions will be considered by the board and its advisory
    51  opinions, including by publication on its website;
    52    (b) develop a program for informing and training  candidates  and  the
    53  public  as  to  the  purpose and effect of the provisions of this title,
    54  including by means of a website;

        A. 9281                            10
 
     1    (c) have the authority to promulgate such rules  and  regulations  and
     2  prescribe such forms as the board deems necessary for the administration
     3  of this title; and
     4    (d)  develop  an  interactive, searchable computer database that shall
     5  contain all information necessary for the proper administration of  this
     6  title  including  information  on  contributions  to and expenditures by
     7  candidates and their authorized committees and distributions  of  moneys
     8  from  the  fund  and  shall  be  accessible to the public on the board's
     9  website.
    10    2. The board's administration of the fund shall  be  governed  by  the
    11  provisions  of  this title and section ninety-two-t of the state finance
    12  law.
    13    3. The board may take such other actions as are necessary  and  proper
    14  to carry out the purposes of this title.
    15    § 14-218. Examinations and audits. 1. The board may conduct a thorough
    16  examination  and  pre-election  audit of the contributions and qualified
    17  campaign expenses of the participating committee of every  participating
    18  candidate  who  received  payments  pursuant  to  section 14-210 of this
    19  title.  Such audits shall be conducted as frequently as the board  deems
    20  necessary  to ensure compliance with this title. The board shall notify,
    21  in writing, any candidate's authorized committee prior to the  commence-
    22  ment of such pre-election audit. No pre-election audit shall commence in
    23  the absence of the notice requirement of this subdivision.  Every candi-
    24  date  who  receives public matching funds under this title shall also be
    25  audited by the board post-election. The cost of complying with a post-e-
    26  lection audit shall be borne by the candidate's authorized committee.  A
    27  candidate  who  has received public matching funds under this title must
    28  maintain a reserve of at least one percent of the total amount of match-
    29  ing funds received by such candidate in his or her campaign  account  to
    30  comply  with  the  post-election  audit.  A candidate who runs in both a
    31  primary and a general election, must maintain a reserve of  one  percent
    32  of  the total amount of public matching funds received by such candidate
    33  for both his or her primary and general election. A  candidate  may  use
    34  public  matching  funds,  private  funds  or a combination of public and
    35  private funds to comply with a  post-election  audit.  The  board  shall
    36  issue to each campaign audited the final post-election audit report that
    37  details  its  findings  and shall provide such audit to the governor and
    38  legislative leaders and make such audit report available on the  board's
    39  website.   Final post-election audit reports shall be completed no later
    40  than twelve months after the date of the election or elections for which
    41  the candidate received public funds. This audit deadline shall not apply
    42  in cases involving potential campaign-related fraud, knowing and willful
    43  violations of this article or criminal activity.
    44    2. (a) If the board determines that any portion of the payment made to
    45  a participating committee from the fund was in excess of  the  aggregate
    46  amount  of payments to which such eligible candidate was entitled pursu-
    47  ant to section 14-210 of this title, it shall notify such  committee  of
    48  the  excess  amount  and such committee shall pay to the board an amount
    49  equal to the amount of excess payments; provided, however, that  if  the
    50  erroneous  payment was due to an error made by the board, then the erro-
    51  neous payment will be offset against any future  payment,  if  any.  The
    52  participating  candidate and his or her participating committee shall be
    53  jointly and severally liable for any repayments due  to  the  board  for
    54  deposit by such board into the New York state fair elections fund.
    55    (b)  If  the  board  determines  that  any amount of payment made to a
    56  participating committee from the fund was used for purposes  other  than

        A. 9281                            11
 
     1  to  defray qualified campaign expenses, it shall notify such participat-
     2  ing committee of the amount disqualified and such participating  commit-
     3  tee  shall pay to the board an amount equal to such disqualified amount.
     4  Such  monies  shall  be deposited into the New York state fair elections
     5  fund created pursuant to section ninety-two-t of the state finance  law.
     6  The  candidate and the candidate's authorized committee shall be jointly
     7  and severally liable for any repayments due to the board.
     8    (c) If the total of contributions and payments from the fund  received
     9  by  any  participating  candidate  and  such  candidate's  participating
    10  committee, exceeds the public funding receipt limitation of such  candi-
    11  date  and  committee, such candidate and committee shall use such excess
    12  funds to reimburse the fund for payments received by such committee from
    13  the fund not later than ten days after all permissible liabilities  have
    14  been paid and in any event, not later than twenty days after the date on
    15  which  the  board  issues  its  final audit report for the participating
    16  candidate's committee; provided,  however,  that  all  unspent  matching
    17  funds for a participating candidate shall be immediately due and payable
    18  to  the  board  for  deposit into the New York state fair elections fund
    19  upon its determination that the participant willfully delayed the  post-
    20  election audit process. A participating candidate may make post-election
    21  expenditures only for routine activities involving nominal costs associ-
    22  ated  with  ending a campaign and responding to the post-election audit.
    23  Nothing in this section shall be construed to prohibit the post-election
    24  expenditure of public funds for debts incurred during the  campaign  for
    25  which public funds were eligible to be used.
    26    3. If a court of competent jurisdiction disqualifies a candidate whose
    27  participating  committee  has  received public funds on the grounds that
    28  such candidate committed fraudulent acts in order to obtain a  place  on
    29  the  ballot  and  such  decision is not reversed by a higher court, such
    30  candidate and such candidate's participating committee shall pay to  the
    31  board  an  amount  equal  to  the total of public funds received by such
    32  participating committee.
    33    4. The board must provide written notice of all payments  due  from  a
    34  participating  candidate  or such candidate's committee to the board and
    35  provide an opportunity for the candidate or committee to rebut, in whole
    36  or in part, the alleged amount due. Upon a final  written  determination
    37  by  the  board,  the amount due shall be paid to the board within thirty
    38  days of such determination.
    39    5. All payments received by the board pursuant to this  section  shall
    40  be  deposited  in  the New York state fair elections fund established by
    41  section ninety-two-t of the state finance law.
    42    6. Any advice provided by the staff or  members  of  the  board  to  a
    43  participating  or  non-participating  candidate  in  connection with any
    44  action under this article, when relied upon  in  good  faith,  shall  be
    45  presumptive evidence that such candidate or his or her committee did not
    46  knowingly and willfully violate the provisions of this article.
    47    §  14-220.  Civil  penalty.  1. Any person or authorized committee who
    48  knowingly and wilfully fails to make a filing required by the provisions
    49  of this title shall be subject to a civil  penalty  not  to  exceed  the
    50  amount of five thousand dollars.
    51    2.  Any person or authorized committee who knowingly and intentionally
    52  violates any other provision of this title or any rule promulgated here-
    53  under shall be subject to a civil penalty not to exceed  the  amount  of
    54  ten thousand dollars.

        A. 9281                            12
 
     1    3.  All payments recovered by the board pursuant to this section shall
     2  be deposited in the New York state fair elections  fund  established  by
     3  section ninety-two-t of the state finance law.
     4    § 14-222. Criminal penalties. 1. Any person who knowingly and willful-
     5  ly fails to make a filing required by the provisions of this title with-
     6  in  ten  days after the date provided for such, or anyone that knowingly
     7  and willfully violates any other provision of this title shall be guilty
     8  of a misdemeanor and, in addition to such  other  penalties  as  may  be
     9  provided  by law, shall be subject to a fine not to exceed the amount of
    10  ten thousand dollars.
    11    2. Any person who knowingly and willfully contributes, accepts or aids
    12  or participates in the contribution or acceptance of a  contribution  in
    13  an  amount  exceeding  an  applicable  maximum specified in this article
    14  shall be guilty of a misdemeanor and shall be subject to a fine  not  to
    15  exceed the amount of ten thousand dollars.
    16    3.  Any  person who knowingly and willfully makes a false statement or
    17  knowingly omits a material fact to the board or an auditor designated by
    18  the board during any audit conducted pursuant to section 14-218 of  this
    19  title shall be guilty of a class E felony.
    20    4.  In  addition to any other sentence lawfully imposed upon a finding
    21  of guilt in a criminal prosecution commenced pursuant to the  provisions
    22  of  this  section, the court may order a defendant to repay to the board
    23  any public matching funds obtained as a result of any criminal conduct.
    24    5. All such prosecutions for criminal acts under this title  shall  be
    25  prosecuted  by  the attorney general of the state of New York; provided,
    26  however, where reasonable cause exists to believe that a  candidate  for
    27  the  office of attorney general has violated any provision of this chap-
    28  ter, the state board shall refer the matter to the district attorney  of
    29  the appropriate county.
    30    6.  Any  and  all fines imposed pursuant to this section shall be made
    31  payable to the board for deposit into the New York state fair  elections
    32  fund.
    33    § 14-224. Reports. The board shall submit a report to the governor and
    34  legislative leaders on or before February first, two thousand seventeen,
    35  and every four years thereafter, which shall include:
    36    1.  a  list  of  the  participating and nonparticipating candidates in
    37  covered elections and the votes received  by  each  candidate  in  those
    38  elections;
    39    2.  the  amount  of contributions and loans received, and expenditures
    40  made, on behalf of participating and nonparticipating candidates;
    41    3. the amount of public matching funds  each  participating  candidate
    42  received, spent, and repaid pursuant to this article;
    43    4.  analysis of the effect of this title on the election campaigns for
    44  all offices covered under section 14-206 of this  title,  including  its
    45  effect  on  the  sources  and amounts of private financing, the level of
    46  campaign expenditures, voter participation, the  number  of  candidates,
    47  the candidates' abilities to campaign effectively for public office, and
    48  the diversity of candidates seeking and elected to office;
    49    5.  recommendations for changes or amendments to this title, including
    50  charges in contribution limits, thresholds for eligibility and limits on
    51  total matching funds as well as instituting a  program  of  full  public
    52  campaign financing for election for all statewide offices; and
    53    6. any other information that the board deems relevant.
    54    §  14-226.  Debates. The board shall promulgate regulations to facili-
    55  tate debates among participating candidates.   Participating  candidates
    56  are  required  to  participate in at least one debate before the primary

        A. 9281                            13

     1  election and in at least one debate  before  the  general  election  for
     2  which  the  candidate  receives  public  funds, unless the participating
     3  candidate is running unopposed. A nonparticipating candidate  may  be  a
     4  party to such debates.
     5    §  14-228.  Distributions  from  fair  elections fund. 1. This section
     6  governs the board's distribution  of funds from the New York state  fair
     7  elections fund created by section ninety-two-t of the state finance law,
     8  except as otherwise provided in this title.
     9    2.  No  moneys  shall be paid to participating candidates in a primary
    10  election any earlier than two weeks after the last day to file designat-
    11  ing petitions for such primary election.
    12    3. No moneys shall be paid to participating candidates  in  a  general
    13  election  any  earlier  than  a  week after the primary election held to
    14  nominate candidates for such election.
    15    4. No moneys shall be paid to any participating candidate who has been
    16  disqualified by the board  or  whose  designating  petitions  have  been
    17  declared invalid by the board or a court of competent jurisdiction until
    18  and unless such finding is reversed by an appellate court.
    19    5.  No  payment from the fund in the possession of such a candidate or
    20  such a candidate's authorized committee on the date  of  such  disquali-
    21  fication  or  invalidation  may  thereafter  be expended for any purpose
    22  except the payment of liabilities incurred before that date. All  excess
    23  public  moneys paid to a disqualified candidate shall be returned to the
    24  fund not less than thirty days after  the  general  election  for  those
    25  participating  candidates  who  received  public  moneys for the general
    26  election, and otherwise, not less than thirty  days  after  the  primary
    27  election  for  those participating candidates who received public moneys
    28  solely for the primary election.
    29    6. (a) Participating candidates shall pay to the board unspent  public
    30  campaign  funds  from  an  election not later than thirty days after all
    31  liabilities for the election have been paid and, in any event, not  less
    32  than  twenty  days  after the date upon which the board issues its final
    33  audit report for  the  participating  candidate's  committee;  provided,
    34  however,  that  all  unspent  public  campaign funds for a participating
    35  candidate shall be immediately due and payable to  the  board  upon  its
    36  determination  that the participating candidate has, without just cause,
    37  delayed the post-election audit process. Unspent campaign funds determi-
    38  nations made by the board shall be based on the participating  candidate
    39  committee's  receipts  and expenditures. The board may also consider any
    40  other relevant information revealed in  the  course  of  its  audits  or
    41  investigations or the investigations by any other agency.
    42    (b)(i)  A participating candidate may not use receipts for any purpose
    43  other than disbursements in the preceding  election  until  all  unspent
    44  public  campaign funds have been repaid. A participating candidate shall
    45  have the burden of demonstrating that a post-election expenditure is for
    46  the preceding election.
    47    (ii) Before repaying unspent public campaign  funds,  a  participating
    48  candidate  may  make  post-election expenditures only for routine activ-
    49  ities involving nominal costs associated with winding up a campaign  and
    50  responding  to  the  post-election audit. Such expenditures may include:
    51  payment of  utility  bills  and  rent;  reasonable  staff  salaries  and
    52  consultant  fees  for  responding  to  a post-election audit; reasonable
    53  moving expenses related to closing a campaign  office;  a  holiday  card
    54  mailing  to  contributors, campaign volunteers, and staff members; thank
    55  you notes for contributors,  campaign  volunteers,  and  staff  members;
    56  payment  of  taxes  and  other  reasonable  expenses for compliance with

        A. 9281                            14
 
     1  applicable  tax  laws;  and  interest  expenses.  Routine  post-election
     2  expenditures  that  may  be  paid for with unspent campaign funds do not
     3  include such items as post-election mailings other than as  specifically
     4  provided  for  in  this subparagraph; making contributions; making bonus
     5  payments or gifts to staff members or volunteers; or holding any post-e-
     6  lection day event, including, but not limited to, any meal or any party.
     7  Unspent campaign funds may not be used for  transition  or  inauguration
     8  activities.
     9    7.  All monies received by the board pursuant to this section shall be
    10  deposited into the New  York  state  fair  elections  fund  pursuant  to
    11  section ninety-two-t of the state finance law.
    12    8. Any candidate who accepts a contribution or contributions in excess
    13  of  the limits set forth in section 14-212 of this title prior to elect-
    14  ing to participate in the optional public financing system, as set forth
    15  by paragraph (c) of subdivision one of section  14-206  of  this  title,
    16  shall  immediately  pay  to  the  fund  or return to the contributor the
    17  portion of any contribution that exceeded  the  applicable  contribution
    18  limit. Provided however, if the candidate is unable to return such funds
    19  immediately  because  they have already been spent, and if the candidate
    20  submits an affidavit to the board agreeing to pay  to  the  fund  in  an
    21  amount  equal  to  all  portions  of any contributions that exceeded the
    22  limit no later  than  thirty  days  before  the  general  election,  any
    23  disbursement  of  public  funds  to  the candidate made under this title
    24  shall be reduced by no more than twenty-five  percent  until  the  total
    25  amount owed by the candidate is repaid.
    26    §  6.  The  election  law is amended by adding a new section 16-103 to
    27  read as follows:
    28    § 16-103. Proceedings as to public financing. 1. The determination  of
    29  eligibility  pursuant to section 14-206 of this chapter and any question
    30  or issue relating to payments for qualified campaign expenditures pursu-
    31  ant to section 14-210 of this chapter may be contested in  a  proceeding
    32  instituted  in the supreme court, Albany county, by any aggrieved candi-
    33  date.
    34    2. A proceeding with respect to such a determination of eligibility or
    35  payment for qualified campaign expenditures pursuant to  section  14-210
    36  of  this chapter shall be instituted within seven days after such deter-
    37  mination was made. The state board shall be made a  party  to  any  such
    38  proceeding.
    39    3.  Upon  the  state  board's failure to receive the amount due from a
    40  participating candidate or such candidate's committee after the issuance
    41  of written notice of such amount due, as required by subdivision four of
    42  section 14-218 of this chapter, such board is authorized to institute  a
    43  special  proceeding  or civil action in supreme court, Albany county, to
    44  obtain a judgment for any amounts determined to be payable to the  state
    45  board as a result of an examination and audit made pursuant to title two
    46  of article fourteen of this chapter.
    47    § 7. The election law is amended by adding a new section 4-115 to read
    48  as follows:
    49    §  4-115. Notice to the state board of elections of candidates for the
    50  legislature. 1. Each board of elections with which petitions  are  filed
    51  for member of the state legislature shall, not later than one week after
    52  the  last  day to file such petitions, send notice to the state board of
    53  elections of such information about each  such  petition  as  the  state
    54  board shall require.
    55    2.  Each  such county board of elections shall, not later than the day
    56  after the last day to file a petition or certificate of nomination for a

        A. 9281                            15
 
     1  general or special election or a certificate of acceptance,  declination
     2  or  substitution for a general, primary or special election for any such
     3  office, send to the state board of elections such information about each
     4  such petition or certificate as the state board shall require.
     5    3.  If  any  such county board of elections should disqualify any such
     6  candidate or rule the petition or certificate designating or  nominating
     7  any such candidate invalid, it shall forthwith notify the state board of
     8  elections of such decision.
     9    4.  If any such county board of elections shall be notified of a deci-
    10  sion of a court of competent jurisdiction disqualifying any such  candi-
    11  date  or declaring any such petition invalid or reversing any such deci-
    12  sion by such  board  of  elections  or  another  court,  such  board  of
    13  elections  shall  forthwith  notify the state board of elections of such
    14  decision.
    15    5. The state board of elections may prescribe forms  for  the  notices
    16  required  by  this  section and shall prescribe the manner in which such
    17  notices shall be given.
    18    § 8. The general business law is amended by adding a new section  359-
    19  gg to read as follows:
    20    §  359-gg. Additional surcharge. In addition to any penalty authorized
    21  by section three hundred fifty-nine-g of this article or any damages  or
    22  other  compensation  recoverable  including,  but  not  limited  to, any
    23  settlement authorized by section sixty-three  or  sixty-three-c  of  the
    24  executive  law,  there shall be assessed thereon an additional surcharge
    25  in the amount of ten percent  of  the  total  amount  of  such  penalty,
    26  damages or settlement. Such surcharge shall be deposited in the New York
    27  state  fair  elections  fund  established by section ninety-two-t of the
    28  state finance law.
    29    § 9. The state finance law is amended by adding a new section 92-t  to
    30  read as follows:
    31    §  92-t. New York state fair elections fund. 1. There is hereby estab-
    32  lished in the joint custody of the state comptroller and the commission-
    33  er of taxation and finance a fund to be known as the New York state fair
    34  elections fund.
    35    2. Such fund shall consist of all revenues received from the surcharge
    36  imposed pursuant to section three hundred fifty-nine-gg of  the  general
    37  business  law, the New York state fair elections fund check-off pursuant
    38  to section six hundred thirty-e of the tax law, the  abandoned  property
    39  fund  pursuant to section ninety-five of this article, the general fund,
    40  and all other moneys credited or transferred thereto from any other fund
    41  or source pursuant to law.  Such fund shall also  receive  contributions
    42  from private individuals, organizations, or other persons to fulfill the
    43  purposes of the public financing system.
    44    3. Moneys of the fund, following appropriation by the legislature, may
    45  be  expended  for the purposes of making payments to candidates pursuant
    46  to title II of article fourteen of the election law and for  administra-
    47  tive  expenses  related to the implementation of article fourteen of the
    48  election law. Moneys shall be paid out of the fund by  the  state  comp-
    49  troller  on  vouchers  certified  or  approved  by  the  state  board of
    50  elections,  or  its  duly  designated  representative,  in  the   manner
    51  prescribed by law, not more than five working days after such voucher is
    52  received by the state comptroller.
    53    4.  Notwithstanding  any  provision of law to the contrary, if, in any
    54  state fiscal year, the state fair elections fund  lacks  the  amount  of
    55  money  to  pay all claims vouchered by eligible candidates and certified
    56  or approved by the state board of elections, any such  deficiency  shall

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     1  be  paid  by  the state comptroller, from funds deposited in the general
     2  fund of the state not more than four working days after such voucher  is
     3  received by the state comptroller.
     4    5.  Commencing in two thousand nineteen, if the surplus in the fund on
     5  April first of the year after  an  election  cycle  exceeds  twenty-five
     6  percent of the disbursements from the fund over the previous four years,
     7  the excess shall revert to the general fund of the state.
     8    6.  No public funds shall be paid to any participating candidates in a
     9  primary election any earlier than the day that such candidate is  certi-
    10  fied as being on the ballot for such primary election.
    11    7.  No public funds shall be paid to any participating candidates in a
    12  general election any earlier than the day after the day of  the  primary
    13  election held to nominate candidates for such election.
    14    8.  No  public  funds shall be paid to any participating candidate who
    15  has been disqualified or whose designating petitions have been  declared
    16  invalid  by  the  appropriate board of elections or a court of competent
    17  jurisdiction until and unless such  finding  is  reversed  by  a  higher
    18  authority.  No  payment from the fund in the possession of such a candi-
    19  date or such candidate's participating committee on  the  date  of  such
    20  disqualification  or  invalidation  may  thereafter  be expended for any
    21  purpose except the payment of liabilities incurred before such date. All
    22  such moneys shall be repaid to the fund.
    23    § 10. Section 95 of the state finance law is amended by adding  a  new
    24  subdivision 5 to read as follows:
    25    5.  (a)  As  often  as  necessary, the co-chairs of the state board of
    26  elections shall certify the amount such co-chairs have determined neces-
    27  sary to fund estimated payments from the  fund  established  by  section
    28  ninety-two-t  of  this  article  for  the  primary,  general  or special
    29  election.
    30    (b) Notwithstanding any provision  of  this  section  authorizing  the
    31  transfer  of  any  moneys  in the abandoned property fund to the general
    32  fund, the comptroller, after receiving amounts sufficient to pay  claims
    33  against  the  abandoned property fund, shall, based upon a certification
    34  of the state board of elections pursuant to paragraph (a) of this subdi-
    35  vision, and at the direction of the director of the budget, transfer the
    36  requested amount from remaining available monies in the abandoned  prop-
    37  erty fund to the fair elections fund established by section ninety-two-t
    38  of this article.
    39    §  11. The tax law is amended by adding a new section 630-e to read as
    40  follows:
    41    § 630-e. Contribution to New York state fair elections fund.    Effec-
    42  tive  for  any  taxable  year  commencing on or after January first, two
    43  thousand seventeen, an individual in  any  taxable  year  may  elect  to
    44  contribute  to the New York state fair elections fund. Such contribution
    45  shall be in the amount of five dollars and shall not reduce  the  amount
    46  of  state  tax  owed  by such individual. The commissioner shall include
    47  space on the personal income tax return to enable  a  taxpayer  to  make
    48  such contribution. Notwithstanding any other provision of law all reven-
    49  ues collected pursuant to this section shall be credited to the New York
    50  state fair elections fund and used only for those purposes enumerated in
    51  section ninety-two-t of the state finance law.
    52    §  12.  Severability. If any clause, sentence, subdivision, paragraph,
    53  section or part of title 2 of article 14 of the election law,  as  added
    54  by section five of this act be adjudged by any court of competent juris-
    55  diction to be invalid, such judgment shall not affect, impair or invali-
    56  date  the  remainder  thereof, but shall be confined in its operation to

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     1  the clause, sentence, subdivision, paragraph, section  or  part  thereof
     2  directly  involved  in the controversy in which such judgment shall have
     3  been rendered.
     4    §  13.    This  act  shall take effect immediately; provided, however,
     5  constitutional convention delegates will be eligible to  participate  in
     6  the  public  financing  system beginning with the 2018 election, and all
     7  state-wide candidates and state legislative candidates will be  eligible
     8  to  participate  in  the public financing system beginning with the 2022
     9  election.
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