Add Art 18 Title I SS18-100 - 18-116 & Title II S18-200, amd S14-114, El L; add S92-t, St Fin L
Enacts the Judicial Campaign Finance Reform Act of 2006; provides for public financing for judicial elections; local option public financing for judicial candidates; establishes the New York state judicial election campaign fund; provides penalties for violations thereof.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2926 REVISED 7/9/07
SPONSOR: Weinstein (MS) TITLE OF BILL: An act to amend the election law, in relation to judi-
cial campaign financing reform; and to amend the state finance law, in
relation to establishing the New York state judicial election campaign
fund
PURPOSE OF BILL:
This bill limits judicial campaign contributions to $500, and provides
for optional public financing of judicial elections. By so doing, the
bill creates an electoral environment in which all judicial candidates
can muster adequate resources to adequately inform the public concerning
their qualifications and credentials while limiting the influence of
large campaign contributions on judicial races.
SUMMARY OF PROVISIONS OF BILL: This bill creates a new Article 18 of
the election law, comprised of two new titles. Title one provides for
public financing of most judicial elections, and title two authorizes
local laws for optional local public financing of city, town and village
elections. Section 1 includes the following provisions: 18-100 defines
terms used in Article 18. In the new section 18-102 the bill provides
the requirements eligible candidates must meet in order to qualify for
optional public financing.
These requirements include, among others, agreeing to abide by certain
campaign standards, strict reporting requirements and raising sufficient
funds from small donors to meet a "threshold for eligibility". In the
new section 18-104 the bill establishes the permissible uses for quali-
fied campaign expenditures made by participating candidates. Expendi-
tures must, among other things: (a) be made by a single, authorized
committee; (b) occur during the calendar year of the election to which
the expenditures relate; (c) not exceed the appropriate expenditure
limit; (d) not involve self-dealing; (e) be for services at fair market
value; (f) be related to a competitive race; (g) not include expenses
related to challenging opposing candidate's ballot access. Section
18-106 provides for optional public financing.
Eligible candidates who have received sufficient contributions to meet
the threshold for eligibility are entitled to matching funds equal to
two dollars for every one dollar of matchable contributions. These
matching funds can then be used to make eligible expenditures. Under
certain circumstances the match ratio doubles. For example, when an
opposing candidate who is not participating in the optional public
financing program spends more than one-third of the expenditure limit
applicable to the participating candidate, the match ratio is doubled.
For purposes of the new Article 18, a "matchable contribution" is a
contribution of less than $500 from a natural person resident in the
state of New York. Section 18-108 provides a campaign contribution
limit of $500 for all judicial offices. However, if a non-participating
candidate in a judicial race spends more than one-third of the expendi-
ture limit applicable to a publicly financed candidate, the contribution
limit for the publicly financed candidate is doubled. Section 18-110
applies limitations to all expenditures by eligible candidates and their
authorized committees. For each election, the expenditure limit is
$75,000 or the formula amount ($1.75 x number of voters eligible to
participate in the election), whichever is less. There are no expendi-
ture limits, however, for participating candidates if a nonparticipating
candidate spends more than one-third of the expenditure limit. Section
18-112 provides that the state board of election shall conduct an exam-
ination and audit of the contributions and qualified campaign expenses
of the authorized committee of every eligible candidate. Sections
18-114 and 18-116 provide authorized criminal and civil penalties for
certain violations of Article 18. Title II of Article 18 authorizes
local law for public campaign financing of judicial campaigns. Section
two of the bill creates a "judicial election campaign fund" for the
purposes of funding public financing of judicial campaigns. Section
three of the bill provides that party expenditures on behalf of judicial
candidates are subject to contribution limits. Section four of the bill
provides effective dates.
JUSTIFICATION: Contribution limits and public campaign-financing of
judicial elections will help ensure that judicial campaigns are free
from impropriety, special privilege and unwarranted appearances of
impropriety. This legislation would complement broader legislation
introduced in the Assembly which would enact an optional partial public
campaign financing system for non-judicial offices.
PRIOR LEGISLATION:
2007 A2926- Assembly Election Law Committee
2006 A8-A Assembly Calendar
2005 A8 Passed Assembly
2004 - A11457, Passed Assembly
FISCAL IMPLICATIONS: The bill is estimated to cost on average $5
Million per year beginning in fiscal year 2007.
EFFECTIVE DATE: Immediately
STATE OF NEW YORK
________________________________________________________________________
2926
2007-2008 Regular Sessions
IN ASSEMBLY
January 19, 2007
___________
Introduced by M. of A. WEINSTEIN, AUBERTINE, JACOBS, GALEF, WRIGHT,
GRANNIS -- Multi-Sponsored by -- M. of A. AUBRY, BOYLAND, BRODSKY,
CHRISTENSEN, CLARK, COLTON, COOK, CYMBROWITZ, DINOWITZ, EDDINGTON,
FARRELL, FIELDS, D. GORDON, GOTTFRIED, JOHN, LAFAYETTE, LATIMER,
LENTOL, LUPARDO, McENENY, MILLMAN, MORELLE, O'DONNELL, ORTIZ, PAULIN,
PERALTA, PERRY, POWELL, PRETLOW, RAMOS, REILLY, SCARBOROUGH, SCHROE-
DER, SWEENEY, TITUS, WEISENBERG, ZEBROWSKI -- read once and referred
to the Committee on Election Law
AN ACT to amend the election law, in relation to judicial campaign
financing reform; and to amend the state finance law, in relation to
establishing the New York state judicial election campaign fund
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 "Judicial Campaign Finance Reform Act of 2007".
3 § 2. Legislative intent. An independent, impartial judiciary is funda-
4 mental to a democratic system of governance. The legislature finds and
5 declares that the independence and indicia of impartiality of our judi-
6 ciary are advanced by creating a system of partial public financing of
7 judicial campaigns. A system of partial public financing for judicial
8 elections, coupled with other changes in the judicial selection process,
9 is necessary to buttress the state's commitment to barring undue influ-
10 ence from judicial campaign financing and to better ensure a level
11 campaign environment in which all candidates are able to meaningfully
12 communicate their qualifications and ideas to the electorate.
13 § 3. The election law is amended by adding a new article 18 to read as
14 follows:
15 ARTICLE 18
16 JUDICIAL CAMPAIGN FINANCING
17 Title I. Public financing for judicial elections.
18 II. Local option public financing for judicial candidates.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00586-01-7
A. 2926 2
1 TITLE I
2 PUBLIC FINANCING FOR JUDICIAL ELECTIONS
3 Section 18-100. Definitions.
4 18-102. Eligibility.
5 18-104. Qualified campaign expenditures.
6 18-106. Optional public financing.
7 18-108. Contribution and receipt limitations.
8 18-110. Expenditure limitations.
9 18-112. Examinations and audits; repayments.
10 18-114. Penalties.
11 18-116. Civil penalties.
12 § 18-100. Definitions. As used in this title, unless another meaning
13 is clearly indicated:
14 1. The term "state board" shall mean the state board of elections.
15 2. The term "eligible candidate" shall mean a candidate, for nomi-
16 nation at a primary election or candidate for election at a general or
17 special election, to the office of judge or justice of the supreme
18 court, family court, surrogate court, county court, civil court or
19 district court.
20 3. The term "matchable contributions" shall mean that portion of the
21 aggregate contributions made after the effective date of this title by
22 natural persons resident in the state of New York to a participating
23 eligible candidate which do not exceed five hundred dollars, which have
24 been reported in full by the candidate's authorized committee to the
25 state board, including the contributor's full name and residential
26 address and, with respect to contributions of more than fifty dollars,
27 the name and address of the contributor's employer. "Matchable contrib-
28 utions" shall be the net amount of any monetary contribution realized by
29 a candidate or designated committee after deducting the reasonable value
30 of any goods or services provided the contributor in connection with the
31 contribution, except that contributions from any person who has received
32 a payment or anything of value from such committee or from a person who
33 is an officer, director or employee of, or a person who has a ten
34 percent or greater ownership interest in any entity which has received
35 such a payment or thing of value shall not be matchable. A loan shall
36 not be treated as a matchable contribution. For purposes of this subdi-
37 vision, a "contributor" shall be deemed to include the spouse and
38 unemancipated children of any individual contributor.
39 4. The term "qualified campaign expenditure" shall mean an expenditure
40 for which public funds may be used.
41 5. The term "fund" shall mean the New York state judicial election
42 campaign fund.
43 6. The term "threshold for eligibility" shall mean the amount of total
44 matchable contributions that the authorized committee of an otherwise
45 eligible candidate for election to office must receive in order to qual-
46 ify for optional public financing pursuant to this title.
47 § 18-102. Eligibility. 1. To be eligible for optional public financing
48 under this title, a candidate for nomination or election must:
49 (a) Meet all the requirements of this chapter and other provisions of
50 law to have his or her name on the ballot;
51 (b) Be an eligible candidate and meet the threshold for eligibility
52 set forth in subdivision two of this section;
53 (c) Elect to participate in the public funding provisions of this
54 title not later than seven days after the last day to file designating
55 petitions for the office such candidate is seeking or, in the case of a
56 special election, not later than the last day to file nominating
A. 2926 3
1 petitions for such office, or for a candidate for supreme court, not
2 later than the last day to file the minutes of the convention at which
3 such candidate was nominated;
4 (d) Agree to obtain and furnish to the state board any evidence it may
5 reasonably request relating to his or her campaign expenditures or
6 contributions and furnish such other proof of compliance with this title
7 as may be requested by the state board;
8 (e) Have a single authorized political committee which he or she
9 certifies as the authorized committee for the purposes of this title;
10 (f) Agree to identify accurately in all campaign materials the person
11 or entity that paid for such campaign material, and
12 (g) Acknowledge having read and understood, and agree to abide by, all
13 of the rules for the conduct of campaigns for judicial office as
14 prescribed in the code of judicial conduct.
15 2. The threshold for eligibility for public funding for judicial
16 candidates in a primary, general or special election shall be not less
17 than five thousand dollars in matchable contributions including at least
18 twenty-five such contributions in the amount of ten dollars or more.
19 3. In order to be eligible to receive public funds in an election a
20 candidate must agree, that in the event such candidate is a candidate
21 for such office in the general election in such year, that such candi-
22 date will be bound by the provisions of this title, including, but not
23 limited to, the receipt and expenditure limits of this title.
24 4. Candidates who are opposed in a primary election and who do not
25 seek public funds shall not be eligible for public funds for the general
26 election in that year.
27 5. Candidates who are unopposed in a general or special election shall
28 not be eligible to receive public funds.
29 6. No candidate who has qualified for public funds shall receive such
30 public funds unless at least one other candidate for such office in such
31 election also qualified to receive public funds or at least one other
32 candidate for such office in such election and such candidate's author-
33 ized committee have spent, or contracted or obligated to spend, or have
34 received in loans or contributions an amount exceeding ten percent of
35 the expenditure limit for such office in such election which is fixed by
36 this title for candidates who have elected to accept such public funds.
37 If a candidate and the authorized committee of such candidate reaches
38 the threshold to qualify to receive public funds, or spends or contracts
39 or obligates to spend, or receives in loans or contributions, an amount
40 exceeding ten percent of the expenditure limit in such election at any
41 time after the filing deadline for the last report required to be filed
42 before the first distribution of public funds for such election, such
43 candidate or committee must notify the state board of that fact within
44 twenty-four hours through the electronic campaign finance reporting
45 system or, for a candidate who does not file using such board's elec-
46 tronic campaign finance reporting system, by express mail.
47 § 18-104. Qualified campaign expenditures. 1. Public funds provided
48 under the provisions of this title may only be used for expenditures by
49 any one committee authorized by the candidate to make expenditures on
50 such candidate's behalf, to further the candidate's nomination or
51 election during the calendar year in which the primary or general
52 election in which the candidate seeking nomination or election is held,
53 for services, materials, facilities or other things of value used during
54 that year or in the case of a special election for expenditures during
55 the period commencing three months before and ending one month after
56 such special election. The total of all expenditures made by the candi-
A. 2926 4
1 date and such candidate's authorized committee including all payments
2 received from the fund shall not exceed the expenditure limitations
3 established in section 18-110 of this title, except insofar as such
4 payments are made to repay loans used to pay campaign expenditures.
5 2. Such public funds may not be used for:
6 (a) An expenditure in violation of any law of the United States or of
7 this state;
8 (b) Payments or anything of value given or made to the candidate, a
9 relative of the candidate, or to a business entity in which any such
10 person has a ten percent or greater ownership interest or of which any
11 such person is an officer, director or employee;
12 (c) Payment in excess of the fair market value of services, materials,
13 facilities or other things of value received in exchange;
14 (d) Any expenditure made after the candidate, or the only remaining
15 opponent of the candidate, has been disqualified or had such candidate's
16 petitions declared invalid by a board of elections or a court of compe-
17 tent jurisdiction until and unless such finding is reversed by a higher
18 authority. This paragraph shall not apply to a candidate entitled to
19 expend public funds pursuant to the provisions of subdivision three of
20 section 18-106 of this title;
21 (e) Any expenditure made to challenge the validity of any petition of
22 designation or nomination or any certificate of nomination, acceptance,
23 authorization, declination or substitution;
24 (f) Expenditure for noncampaign related food, drink or entertainment;
25 and
26 (g) Gifts, except brochures, buttons, signs and other campaign materi-
27 al.
28 § 18-106. Optional public financing. 1. Eligible candidates for nomi-
29 nation or election in general and special elections may obtain payment
30 to authorized committees from public funds for qualified campaign
31 expenditures. No such public funds shall be paid to an authorized
32 committee until the candidate has qualified as an eligible candidate and
33 filed a sworn statement with the state board electing to receive public
34 funds and agreeing to abide by the requirements of this title. Payments
35 shall not exceed the amounts specified in this title, and shall be made
36 only in accordance with the provisions of this title. Such payments may
37 only be made to an eligible candidate's authorized committee. No public
38 funds shall be used except as reimbursement or payment for qualified
39 campaign expenditures actually and lawfully incurred or to repay loans
40 used to pay qualified campaign expenditures.
41 2. (a) The authorized committee of each eligible candidate shall be
42 entitled to payment for qualified campaign expenditures not to exceed
43 two dollars for each one dollar of matchable contributions obtained and
44 reported to the state board in accordance with the provisions of this
45 title.
46 (b) However, if any candidate elects not to accept such public funds
47 and either, such candidate spends, or contracts or obligates to spend,
48 or contributes to such candidate's committee an amount exceeding twen-
49 ty-five thousand dollars of such candidate's personal funds, or if such
50 candidate and such candidate's authorized committee spend or contract or
51 obligate to spend, or receive in loans or contributions, an amount
52 exceeding one-third the expenditure limit for such office fixed by this
53 title for candidates who have elected to accept such public funds, then
54 the authorized committee of each eligible candidate for such office
55 shall be entitled to payment for qualified campaign expenditures not to
56 exceed four dollars for each such dollar of matchable contributions. If
A. 2926 5
1 a candidate who elects not to accept such public funds, spends, or
2 contracts or obligates to spend, or contributes to such candidate's
3 authorized committee an amount exceeding twenty-five thousand dollars of
4 such candidate's personal funds, or if such a candidate and the commit-
5 tee of such a candidate, spends or contracts or obligates to spend, or
6 receives in loans or contributions, an amount exceeding one-third the
7 expenditure limit for such office, such candidate or committee must
8 notify the state board of the fact within twenty-four hours via the
9 electronic reporting system, or if such candidate does not file using
10 such reporting system, by express mail.
11 3. No candidate for nomination for an office who is unopposed in a
12 primary election shall be entitled to payment from the fund for quali-
13 fied campaign expenditures, unless there is a contest in such primary
14 for the nomination of at least one other party for such office. Where
15 there is such a contest, the authorized committee of an unopposed candi-
16 date for nomination may receive one-half the payment provided in subdi-
17 vision two of this section, provided that such candidate otherwise qual-
18 ifies pursuant to the provisions of this title. Such payment can only be
19 expended for property, services or facilities used on or before the date
20 of such primary.
21 4. The total payments from the fund received by the authorized commit-
22 tee of any candidate, when added to the total of contributions received
23 by such candidate and such candidate's authorized committee, shall not
24 exceed the amount which may be expended by such candidate pursuant to
25 the provisions of this title.
26 5. The state board shall promptly examine all reports of contributions
27 to determine that, on their face, they meet the requirements for matcha-
28 ble contributions, and shall keep a record of such contributions.
29 6. The state board shall promulgate regulations for the certification,
30 for approval of payment by the New York state judicial election campaign
31 fund pursuant to section ninety-two-t of the state finance law, of the
32 sum of public funds that such candidate has qualified to receive from
33 the election campaign fund. These regulations shall include the promul-
34 gation and distribution of forms on which contributions and expenditures
35 are to be reported, the periods during which such reports must be filed
36 and the verification required. The state board shall endeavor to insti-
37 tute procedures which will make possible payment by the election
38 campaign fund within four business days after receipt of the required
39 forms and verifications.
40 § 18-108. Contribution and receipt limitations. 1. (a) Notwithstand-
41 ing any other provision of law, in any election for judicial office, no
42 contributor may make a contribution to any candidate or authorized
43 committee, and no candidate or authorized committee may accept any
44 contribution from any contributor, which, in the aggregate amount, is
45 greater than five hundred dollars except that a candidate who has
46 elected to participate in such optional public financing or such candi-
47 date's authorized committee may accept from such party or constituted
48 committees an amount which in the aggregate does not exceed five thou-
49 sand dollars. A candidate who has elected not to participate in such
50 optional public financing may accept from such party or constituted
51 committees an amount which, in the aggregate, does not exceed two thou-
52 sand five hundred dollars.
53 (b) However, if any candidate in any election for which public funds
54 are available pursuant to the provisions of this title, elects not to
55 accept such public funds and either, such candidate spends, or contracts
56 or obligates to spend, or contributes to such candidate's committee an
A. 2926 6
1 amount exceeding twenty-five thousand dollars of such candidate's
2 personal funds, or if such candidate and such candidate's committee
3 spend or contract or obligate to spend, or receive in loans or contrib-
4 utions, an amount exceeding one-third the expenditure fixed by this
5 title for candidates who have elected to accept such public funds,
6 contributors to those candidates for such office who have elected to
7 receive public funds shall be allowed to contribute and such candidates
8 or authorized committees shall be allowed to accept contributions from
9 any contributor, which, in the aggregate, are twice the amount which
10 would otherwise be allowed by paragraph (a) of this subdivision. If a
11 candidate who elects not to accept such public funds, spends, or
12 contracts or obligates to spend, or contributes to such candidate's
13 committee an amount exceeding twenty-five thousand dollars of such
14 candidate's personal funds, or if such candidate and the committee of
15 such candidate spends or contracts or obligates to spend, or receives in
16 loans or contributions, an amount exceeding one-third the expenditure
17 limit for such office, such candidate or committee must notify the state
18 board of the fact within twenty-four hours via the electronic reporting
19 system, or if such candidate does not file using such reporting system,
20 by express mail.
21 (c) At the beginning of the calendar year two thousand eleven and each
22 fourth calendar year thereafter, the state board shall determine the
23 percentage difference between the most recent available monthly consumer
24 price index for all urban consumers published by the United States
25 bureau of labor statistics and such consumer price index published for
26 the same month four years previously. The amount of each contribution
27 limit fixed in this subdivision shall be adjusted by the amount of such
28 percentage difference to the closest one hundred dollars by the state
29 board which, not later than the first day of February in each such year,
30 shall issue a regulation setting forth the amount of each such contrib-
31 ution limit. Each contribution limit as so adjusted shall be the
32 contribution limit in effect for any election held before the next such
33 adjustment.
34 2. (a) Contributions received before the effective date of this title
35 may be expended only to the extent that they do not exceed the contrib-
36 ution limits imposed by this section. Interest earned on any such
37 contributions may be expended only to the extent that such interest was
38 earned on contributions which may be expended pursuant to the provisions
39 of this subdivision.
40 (b) However, if any candidate in any election for which public funds
41 are available pursuant to the provisions of this title, elects not to
42 accept such public funds and such candidate spends, or contracts or
43 obligates to spend, or contributes to such candidate's committee an
44 amount exceeding twenty-five thousand dollars of such candidate's
45 personal funds, or such candidate and such candidate's committee spend
46 or contract or obligate to spend, or receive in loans or contributions,
47 an amount exceeding one-third the expenditure limit for such office
48 fixed by this title for candidates who have elected to accept such
49 public funds, candidates for such office who have elected to receive
50 public funds and the authorized committees of such candidates shall be
51 allowed to expend all contributions received before the effective date
52 of this title.
53 3. (a) A candidate or the authorized committee of such a candidate who
54 has not elected to participate in such public funding provisions of this
55 title, shall not accept any contributions any earlier than one year
56 before the first day to circulate designating petitions for the office
A. 2926 7
1 which such candidate is seeking, or any later than the end of the calen-
2 dar year in which the election occurs, except that a candidate or
3 authorized committee which has a deficit at the end of such calendar
4 year may, after such calendar year, accept contributions which do not
5 exceed the amount of such deficit and the expenses incurred in raising
6 such contributions. Contributions to such a candidate or authorized
7 committee which were received before the effective date of this title
8 may not be expended in any election for any such office.
9 (b) A candidate for such an office to be filled at a special election,
10 or the authorized committee of such a candidate who has not elected to
11 participate in the public funding provisions of this title, shall not
12 accept any contributions any earlier than the date such office becomes
13 vacant or four months before such special election, whichever is earli-
14 er, or any later than two months after such election except that a
15 candidate or authorized committee which has a deficit two months after
16 such election may, after such date, accept contributions which do not
17 exceed the amount of such deficit and the expenses incurred in raising
18 such contributions.
19 § 18-110. Expenditure limitations. 1. The following limitations apply
20 to all expenditures by eligible candidates and their committees receiv-
21 ing public funds pursuant to the provisions of this title.
22 2. (a) In any primary election, expenditures by eligible candidates
23 for judicial office and by their committees shall not exceed the sum of
24 one dollar and seventy-five cents for each voter enrolled in the candi-
25 date's party in the district for which such candidate is a candidate, as
26 determined by the records of the appropriate board or boards of election
27 as of the last general election preceding the primary election; provided
28 however, such expenditures shall not exceed seventy-five thousand
29 dollars in a primary election.
30 (b) In any general or special election, expenditures by eligible
31 candidates and by their committees shall not exceed the sum of one
32 dollar and seventy-five cents for each voter registered in the district
33 for which the candidate is a candidate, as determined by the records of
34 the appropriate board or boards of elections as of the last general
35 election; provided however, such expenditures shall not exceed seventy-
36 five thousand dollars in a general or special election.
37 (c) However, if any candidate in any election for which public funds
38 are available pursuant to the provisions of this title, elects not to
39 accept such public funds and either, such candidate spends, or contracts
40 or obligates to spend, or contributes to such candidate's committee an
41 amount exceeding twenty-five thousand dollars of such candidate's
42 personal funds, or if such candidate and such candidate's authorized
43 committee spend or contract or obligate to spend, or receive in loans or
44 contributions, an amount exceeding one-third of the expenditure limit
45 for such office fixed by paragraph (a) or (b) of this subdivision,
46 whichever is applicable, for candidates who have elected to accept such
47 public funds, there shall be no expenditure limit for those candidates
48 for such office who have elected to receive public funds. If a candidate
49 who elects not to accept such public funds, spends or contracts or obli-
50 gates to spend, or contributes to such candidate's committee an amount
51 exceeding twenty-five thousand dollars of such candidate's personal
52 funds, or if such a candidate and the authorized committee of such a
53 candidate spends or contracts or obligates to spend, or receives in
54 loans or contributions, an amount exceeding one-third of the expenditure
55 limit for such office, such candidate or committee must notify the state
56 board of that fact within twenty-four hours via the electronic reporting
A. 2926 8
1 system, or if such candidate does not file using such reporting system,
2 by express mail.
3 (d) Candidates for office who are unopposed in the primary election
4 may expend before the primary election, for services, materials or
5 facilities used on or before the date of such primary election, an
6 amount equal to half the sum such candidates would be entitled to spend
7 if their nomination was contested in such primary election provided that
8 there is a contest in such primary for the nomination of at least one
9 other party for such office.
10 (e) Expenditures for legal fees and expenses to defend the validity of
11 petitions of designation or nomination or certificates of nomination,
12 acceptance, authorization, declination or substitution, or to challenge
13 successfully, any such petition or certificate on grounds of fraud and
14 for expenses incurred to comply with the campaign finance reporting
15 requirements of this article and article fourteen of this chapter shall
16 not be subject to the expenditure limits of this subdivision.
17 (f) At the beginning of the calendar year two thousand eleven and each
18 fourth calendar year thereafter, the state board shall determine the
19 percentage difference between the most recent available monthly consumer
20 price index for all urban consumers published by the United States
21 bureau of labor statistics and such consumer price index published four
22 years previously. The amount of each expenditure limit fixed in this
23 subdivision shall be adjusted by the amount of such percentage differ-
24 ence to the closest one thousand dollars by the state board which, not
25 later than the first day of February in each such year, shall issue a
26 regulation setting forth the amount of each such contribution limit.
27 Each contribution limit as so adjusted shall be the contribution limit
28 in effect for any election held before the next such adjustment.
29 3. In computing the aggregate amount expended for purposes of this
30 section, expenditures made by a committee in support of more than one
31 candidate shall be allocated among such candidates supported by the
32 committee in accordance with formulas promulgated by the state board or,
33 in the absence of such official formulas, in accordance with any formula
34 based upon reasonable standards. The statements filed by such committee
35 in accordance with this chapter shall set forth, in addition to the
36 other information required, the total amount expended by the committee
37 on behalf of all such candidates and the amount allocated to each candi-
38 date by dollar amount and percentage. Expenditures by a state or other
39 committee of a political party for activities which do not support or
40 oppose the election of any candidate or candidates by name or by clear
41 inference shall not be regarded as expenditures on behalf of or in oppo-
42 sition to a candidate.
43 § 18-112. Examinations and audits; repayments. 1. The state board
44 shall conduct a thorough examination and audit of the contributions and
45 qualified campaign expenses of the authorized committee of every eligi-
46 ble candidate who received payments pursuant to section 18-106 of this
47 title.
48 2. (a) If the state board determines that any portion of the payment
49 made to such authorized committee from the New York state judicial
50 election campaign fund was in excess of the aggregate amount of payments
51 to which such eligible candidate was entitled pursuant to section 18-106
52 of this title, it shall notify such committee and such committee shall
53 pay to the state board an amount equal to the amount of excess payments.
54 (b) If the state board determines that any amount of payment made to
55 an authorized committee of an eligible candidate from the New York state
56 judicial election campaign fund was used for purposes other than to
A. 2926 9
1 defray qualified campaign expenses, it shall notify the said authorized
2 committee of the amount disqualified and the said authorized committee
3 shall pay to the state board an amount equal to such disqualified
4 amount.
5 (c) If the total of contributions and payments from the New York state
6 judicial election campaign fund received by any candidate and such
7 candidate's authorized committee, exceeds the campaign expenditures of
8 such candidate and committee, such candidate and committee shall use
9 such excess funds to reimburse the fund for payments received by such
10 committee from the fund not later than ten days after all liabilities
11 have been paid and in any event, not later than March thirty-first of
12 the year following the year of the election for which such payments were
13 intended. No such excess funds shall be used for any other purpose,
14 unless the total amount due the New York state judicial election
15 campaign fund from such candidate and committee has been repaid.
16 3. If a court of competent jurisdiction disqualifies a candidate whose
17 authorized committee has received public funds on the grounds that such
18 candidate committed fraudulent acts in order to obtain a place on the
19 ballot and such decision is not reversed by a higher court, such candi-
20 date and such candidate's authorized committee shall pay to the state
21 board an amount equal to the total of public funds received by such
22 authorized committee.
23 4. All payments received by the state board pursuant to this section
24 shall be deposited in the New York state judicial election campaign fund
25 established by section ninety-two-t of the state finance law.
26 § 18-114. Penalties. 1. Any person who knowingly and willfully fails
27 to file a statement required to be filed by this title or the rules or
28 regulations of the state board in implementation thereof within five
29 days after the date provided for filing such statement, or any person
30 who knowingly and willfully violates any other provision of this title
31 shall be guilty of a class A misdemeanor, unless a greater penalty is
32 specifically prescribed in another applicable statute.
33 2. Any person who knowingly and willfully contributes or expends or
34 aids or participates in the contribution or expenditure of funds in an
35 amount exceeding an applicable maximum specified in this title, or who
36 knowingly and willfully accepts or aids or participates in the accept-
37 ance of a contribution in an amount exceeding an applicable maximum
38 specified in this title shall be guilty of a class A misdemeanor.
39 3. Any person who knowingly and willfully neglects or refuses to
40 furnish any information required or authorized by this title, or to
41 exhibit records, papers or documents authorized by this title to be
42 inspected or which are required to be exhibited, shall be guilty of a
43 class A misdemeanor.
44 4. Any person who knowingly and willfully expends or aids or partic-
45 ipates in the expenditure of funds for a purpose or in a manner which
46 violates the provisions of this title shall be guilty of a class A
47 misdemeanor.
48 5. Any person who knowingly and willfully fails to return or aids or
49 participates in the failure to return to the state board any funds
50 required to be returned to such board pursuant to the provisions of this
51 title shall be guilty of a class A misdemeanor.
52 6. Any person who furnishes any false, fictitious or fraudulent
53 evidence, books or information to the state board of elections under
54 this title or includes in any evidence, books, or information so
55 furnished any misrepresentation of a material fact, or falsifies or
56 conceals any evidence, books, or information relevant to any audit by
A. 2926 10
1 the state board of elections or knowingly and willfully violates any
2 other provision of this title shall be guilty of a class A misdemeanor.
3 7. The attorney general shall be primarily responsible for instituting
4 and conducting prosecutions under this section. In such cases the attor-
5 ney general or the attorney general's deputy shall exercise all the
6 powers and perform all the duties which the district attorney would
7 otherwise be authorized or required to exercise or perform; whenever any
8 such prosecution is instituted by the attorney general, the district
9 attorney shall only exercise such powers and perform such duties as are
10 required of the district attorney by the attorney general or the deputy
11 attorney general. Until and unless the attorney general exercises
12 authority under this section an otherwise authorized district attorney
13 may institute and conduct a prosecution under this section.
14 8. Whenever the attorney general is authorized under this chapter to
15 prosecute a criminal proceeding on behalf of the state board, the attor-
16 ney general shall have the discretion to delegate the authority to
17 initiate or conduct any such prosecution to the state board of
18 elections.
19 § 18-116. Civil penalties. 1. Any person who fails to file a statement
20 or record required to be filed by this title or the rules or regulations
21 of the state board in implementation thereof shall be subject to a civil
22 penalty, not in excess of one thousand dollars, to be recoverable in a
23 civil proceeding brought by the state board.
24 2. If the aggregate amount of expenditures by a candidate and such
25 candidate's authorized committee exceeds the expenditure limitations
26 contained in this title such candidate shall be liable for a civil
27 penalty in an amount equal to three times the sum by which such expendi-
28 tures exceed the permitted amount.
29 TITLE II
30 LOCAL OPTION PUBLIC FINANCING FOR JUDICIAL CANDIDATES
31 Section 18-200. Public campaign financing in counties, cities or towns
32 by local option.
33 § 18-200. Public campaign financing in counties, cities or towns by
34 local option. 1. Upon passage of a local law by any county, city, town
35 or village, such municipality may establish a local campaign financing
36 law for elections for judicial offices in such county, city, town or
37 village.
38 2. Such local public campaign finance law shall include, but not be
39 limited to: which offices shall be included in public financing; the
40 amount of public financing for each office; contribution and expenditure
41 limits; and the method of funding public financing.
42 3. Nothing in this section shall be construed to diminish any existing
43 authority of a county, city, town or village.
44 § 4. Subdivision 3 of section 14-114 of the election law, as amended
45 by chapter 517 of the laws of 1986, is amended to read as follows:
46 3. As used in this section the term "contributor" shall not include a
47 party committee supporting [the candidate] candidates of such party for
48 non-judicial offices or a constituted committee supporting [the candi-
49 date] candidates of such party for non-judicial offices.
50 § 5. The state finance law is amended by adding a new section 92-t to
51 read as follows:
52 § 92-t. New York state judicial election campaign fund. 1. There is
53 hereby established in the joint custody of the state comptroller and the
54 commissioner of taxation and finance a fund to be known as the New York
55 state judicial election campaign fund.
A. 2926 11
1 2. Such fund shall consist of moneys credited or transferred thereto
2 from any other fund or source pursuant to law.
3 3. Moneys of the fund, following appropriation by the legislature, may
4 be expended for the purposes of making payments to candidates pursuant
5 to title one of article eighteen of the election law. Moneys shall be
6 paid out of the fund on the audit and warrant of the state comptroller
7 on vouchers certified or approved by the state board of elections, or
8 its duly designated representative, in the manner prescribed by law, not
9 more than four working days after such voucher is received by the state
10 comptroller.
11 4. Notwithstanding any provision of law to the contrary, if, in any
12 state fiscal year, the state judicial election campaign fund lacks the
13 amount of money to pay all claims vouchered by eligible candidates and
14 certified or approved by the state board of elections, any such defi-
15 ciency shall be paid, upon audit and warrant of the comptroller, from
16 funds deposited in the general fund of the state not more than four
17 working days after such voucher is received by the comptroller.
18 5. Commencing in two thousand eleven, if the surplus in the fund on
19 April first of the year after a year in which a governor is elected
20 exceeds twenty-five percent of the disbursements from the fund over the
21 previous four years, the excess shall revert to the general fund of the
22 state.
23 6. No moneys shall be paid to candidates in a primary election any
24 earlier than two weeks after the last day to file designating petitions
25 for such primary election.
26 7. No moneys shall be paid to candidates in a general election any
27 earlier than the day after the day of the primary election held to nomi-
28 nate candidates for such election.
29 8. No moneys shall be paid to candidates in a special election any
30 earlier than the day after the last day to file certificates of party
31 nomination for such special election.
32 9. No moneys shall be paid to any candidate who has been disqualified
33 or whose designating petitions have been declared invalid by the appro-
34 priate board of elections or a court of competent jurisdiction until and
35 unless such finding is reversed by a higher authority. No payment from
36 the fund in the possession of such a candidate or such candidate's
37 authorized committee on the date of such disqualification or invali-
38 dation may thereafter be expended for any purpose except the payment of
39 liabilities incurred before such date. All such moneys shall be repaid
40 to the fund.
41 § 6. This act shall take effect immediately, except that the
42 provisions of title I of article 18 of the election law, as added by
43 section three of this act shall first apply in elections held in 2008.
