NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5757
SPONSOR: Green TITLE OF BILL: An act to amend the election law, in relation to judi-
cial campaign financing reform; to amend the state finance law, in
relation to establishing the New York state judicial election campaign
fund; creating a temporary state commission to study the feasibility of
non-partisan judicial elections in New York state; making an appropri-
ation therefor; and providing for the repeal of certain provisions upon
expiration thereof
PURPOSE: This bill creates a new title II and title III of Article 13
of the election law to reform public financing of judicial elections,
and establishes a New York state judicial election campaign fund. This
bill also creates the temporary state commission to study the existing
judicial electoral processes and make recommendations regarding the
feasibility of changing the current process to a non-partisan candidate
system for judges. The commission will assess the impact of changes on
the petition, nominating, and ballot processes.
SUMMARY OF SPECIFIC PROVISIONS: Section 2 includes the following
provisions:
*14-202 outlines the requirements eligible candidates must meet in order
to qualify for optional public financing.
*14-204 describes the permissible uses for qualified campaign expendi-
tures.
*14-206 explains that eligible candidates may obtain payment to author-
ized committees from public funds for qualified campaign expenditures.
*14-208 states that in any election no contributor may make a contrib-
ution, and no candidate or authorized committee may accept any contrib-
ution, greater than $1500.
*14-210 applies limitations to all expenditures by eligible candidates
and their authorized committees.
*14-212 explains 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.
*14-214 provides that any person who knowingly violates this title will
be guilty of at least a class A misdemeanor.
*14-216 authorizes civil penalties for any person who fails to file a
statement or record as required not in excess of one thousand dollars.
* Section 3 amends the state finance law to establish the New York State
judicial election campaign fund. Fund moneys may be expended to make
campaign payments to judicial candidates pursuant to the election law.
* Section 4 establishes a temporary state commission to study the exist-
ing judicial electoral process and to examine, evaluate and make recom-
mendations on the feasibility of non-partisan election of judges. The
commission's obligations, will include:
(1) making a preliminary report of its findings to the Governor and the
Legislature.
(2) producing a final report of its findings no later than two years
after the effective date of this act.
JUSTIFICATIONS: Public campaign-financing of judicial elections will
assist in assuring that judicial campaigns are free from impropriety,
special privilege and unwarranted obligations. Furthermore, this bill
will facilitate equal access to the ballot by judicial candidates, while
relieving judicial candidates of the onerous and time-consuming burden
of fund raising. This bill is similar to legislation which has been
passed by the Assembly for many years.
PRIOR LEGISLATION: None
FISCAL IMPLICATIONS: $250,000.00
EFFECTIVE DATE: January 1, 2003
STATE OF NEW YORK
________________________________________________________________________
5757
2003-2004 Regular Sessions
IN ASSEMBLY
March 3, 2003
___________
Introduced by M. of A. GREEN -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to judicial campaign
financing reform; to amend the state finance law, in relation to
establishing the New York state judicial election campaign fund;
creating a temporary state commission to study the feasibility of
non-partisan judicial elections in New York state; making an appropri-
ation therefor; and providing for the repeal of certain provisions
upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Sections 14-100 through 14-130 of article 14 of the
2 election law are designated title I and a new title heading is added to
3 read as follows:
4 CAMPAIGN RECEIPTS AND EXPENDITURES
5 § 2. Article 14 of the election law is amended by adding two new
6 titles II and III to read as follows:
7 TITLE II
8 PUBLIC FINANCING FOR JUDICIAL ELECTIONS
9 Section 14-200. Definitions.
10 14-202. Eligibility.
11 14-204. Qualified campaign expenditures.
12 14-206. Optional public financing.
13 14-208. Contribution and receipt limitations.
14 14-210. Expenditure limitations.
15 14-212. Examinations and audits; repayments.
16 14-214. Penalties.
17 14-216. Civil penalties.
18 § 14-200. Definitions. As used in this title, unless another meaning
19 is clearly indicated:
20 1. The term "state board" shall mean the state board of elections.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10242-01-3
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1 2. The term "eligible candidate" shall mean a candidate for nomination
2 or election to any judicial office.
3 3. The term "matchable contributions" shall mean that portion of the
4 aggregate contributions made after the effective date of this title by
5 natural persons resident in the state of New York to a candidate for
6 nomination or election to any of the offices covered by the provisions
7 of this title which do not exceed five hundred dollars, which have been
8 reported in full by the candidate's authorized committee to the state
9 board, including the contributor's full name and residential address
10 and, with respect to contributions of more than fifty dollars, the name
11 and address of the contributor's employer. "Matchable contributions"
12 shall be the net amount of any monetary contribution realized by a
13 candidate or designated committee after deducting the reasonable value
14 of any goods or services provided the contributor in connection with the
15 contribution, except that contributions from any person who has received
16 a payment or anything of value from such committee or from a person who
17 is an officer, director or employee of, or a person who has a ten
18 percent or greater ownership interest in any entity which has received
19 such a payment or thing of value shall not be matchable. A loan may not
20 be treated as a matchable contribution. For purposes of this subdivi-
21 sion, a "contributor" shall be deemed to include the spouse and uneman-
22 cipated children of any individual contributor.
23 4. The term "qualified campaign expenditure" shall mean an expenditure
24 for which public funds may be used.
25 5. The term "fund" shall mean the New York state judicial election
26 campaign fund.
27 6. The term "threshold for eligibility" shall mean the amount of total
28 matchable contributions that the authorized committee of an otherwise
29 eligible candidate for election to office must receive in order to qual-
30 ify for optional public financing pursuant to this title.
31 § 14-202. Eligibility. 1. To be eligible for optional public financing
32 under this title, a candidate for nomination or election must:
33 (a) Meet all the requirements of this chapter and other provisions of
34 law to have his or her name on the ballot;
35 (b) Be a candidate for judicial office and meet the threshold for
36 eligibility set forth in subdivision two of this section;
37 (c) Elect to participate in the public funding provisions of this
38 title not later than seven days after the last day to file designating
39 petitions for the office such candidate is seeking or, in the case of a
40 special election, not later than the last day to file nominating
41 petitions for such office;
42 (d) Agree to obtain and furnish to the state board any evidence it may
43 reasonably request relating to his or her campaign expenditures or
44 contributions and furnish such other proof of compliance with this title
45 as may be requested by the state board;
46 (e) Have a single authorized political committee which he or she
47 certifies as the authorized committee for the purposes of this title;
48 and
49 (f) Agree to identify accurately in all campaign materials the person
50 or entity that paid for such campaign material.
51 2. The threshold for eligibility for public funding for judicial
52 candidates in a primary, general or special election shall be less than
53 five thousand dollars in matchable contributions.
54 3. In order to be eligible to receive public funds in an election a
55 candidate must agree, that in the event such candidate is a candidate
56 for such office in the general election in such year, that such candi-
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1 date will be bound by the provisions of this title, including, but not
2 limited to, the receipt and expenditure limits of this title.
3 4. Candidates who are contested in a primary election and who do not
4 seek public funds shall not be eligible for public funds for the general
5 election in that year.
6 5. Candidates who are unopposed in a general or special election shall
7 not be eligible to receive public funds.
8 6. No candidate who has qualified for public funds shall receive such
9 public funds unless at least one other candidate for such office in such
10 election also qualified to receive public funds or at least one other
11 candidate for such office in such election and such candidate's author-
12 ized committee have spent, or contracted or obligated to spend, or have
13 received in loans or contributions an amount exceeding ten percent of
14 the expenditure limit for such office in such election which is fixed by
15 this title for candidates who have elected to accept such public funds.
16 If a candidate and the authorized committee of such candidate reaches
17 the threshold to qualify to receive public funds, or spends or contracts
18 or obligates to spend, or receives in loans or contributions, an amount
19 exceeding ten percent of the expenditure limit in such election at any
20 time after the filing deadline for the last report required to be filed
21 before the first distribution of public funds for such election, such
22 candidate or committee must notify the state board of that fact within
23 forty-eight hours by express mail.
24 § 14-204. Qualified campaign expenditures. 1. Public funds provided
25 under the provisions of this title may only be used for expenditures by
26 any one committee authorized by the candidate to make expenditures on
27 such candidate's behalf, to further the candidate's nomination or
28 election during the calendar year in which the primary or general
29 election in which the candidate seeking nomination or election is held,
30 for services, materials, facilities or other things of value used during
31 that year or in the case of a special election for expenditures during
32 the period commencing three months before and ending one month after
33 such special election. The total of all expenditures made by the candi-
34 date and such candidate's authorized committee including all payments
35 received from the fund shall not exceed the expenditure limitations
36 established in section 14-210 of this title, except insofar as such
37 payments are made to repay loans used to pay campaign expenditures.
38 2. Such public funds may not be used for:
39 (a) An expenditure in violation of any law of the United States or of
40 this state;
41 (b) Payments or anything of value given or made to the candidate, a
42 relative of the candidate, or to a business entity in which any such
43 person has a ten percent or greater ownership interest or of which any
44 such person is an officer, director or employee;
45 (c) Payment in excess of the fair market value of services, materials,
46 facilities or other things of value received in exchange;
47 (d) Any expenditure made after the candidate, or the only remaining
48 opponent of the candidate, has been disqualified or had such candidate's
49 petitions declared invalid by a board of elections or a court of compe-
50 tent jurisdiction until and unless such finding is reversed by a higher
51 authority. This paragraph shall not apply to a candidate entitled to
52 expend public funds pursuant to the provisions of subdivision three of
53 section 14-206 of this title;
54 (e) Any expenditure made to challenge the validity of any petition of
55 designation or nomination or any certificate of nomination, acceptance,
56 authorization, declination or substitution;
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1 (f) Expenditure for noncampaign related food, drink or entertainment;
2 and
3 (g) Gifts, except brochures, buttons, signs and other campaign materi-
4 al.
5 § 14-206. Optional public financing. 1. Eligible candidates for nomi-
6 nation or election in general and special elections may obtain payment
7 to authorized committees from public funds for qualified campaign
8 expenditures. No such public funds shall be paid to an authorized
9 committee until the candidate has qualified as an eligible candidate and
10 filed a sworn statement with the state board electing to receive public
11 funds and agreeing to abide by the requirements of this title. Payments
12 shall not exceed the amounts specified in this title, and shall be made
13 only in accordance with the provisions of this title. Such payments may
14 only be made to an eligible candidate's authorized committee. No public
15 funds shall be used except as reimbursement or payment for qualified
16 campaign expenditures actually and lawfully incurred or to repay loans
17 used to pay qualified campaign expenditures.
18 2. (a) The authorized committee of each eligible candidate shall be
19 entitled to payment for qualified campaign expenditures not to exceed
20 two dollars for each one dollar of matchable contributions obtained and
21 reported to the state board in accordance with the provisions of this
22 title.
23 (b) However, if any candidate elects not to accept such public funds
24 and either, such candidate spends, or contracts or obligates to spend,
25 or contributes to such candidate's authorized committee an amount
26 exceeding two hundred fifty thousand dollars of such candidate's
27 personal funds, or if such candidate and such candidate's authorized
28 committee spend or contract or obligate to spend, or receive in loans or
29 contributions, an amount exceeding one-third the expenditure limit for
30 such office fixed by this title for candidates who have elected to
31 accept such public funds, then the authorized committee of each eligible
32 candidate for such office shall be entitled to payment for qualified
33 campaign expenditures not to exceed four dollars for each such dollar of
34 matchable contributions. If a candidate who elects not to accept such
35 public funds, spends, or contracts or obligates to spend, or contributes
36 to such candidate's authorized committee an amount exceeding two hundred
37 fifty thousand dollars of such candidate's personal funds, or if such a
38 candidate and the authorized committee of such a candidate, spends or
39 contracts or obligates to spend, or receives in loans or contributions,
40 an amount exceeding one-third the expenditure limit for such office,
41 such candidate or committee must notify the state board of the fact
42 within forty-eight hours by express mail.
43 3. No candidate for nomination for an office who is unopposed in a
44 primary election shall be entitled to payment from the fund for quali-
45 fied campaign expenditures, unless there is a contest in such primary
46 for the nomination of at least one other party for such office. Where
47 there is such a contest, the authorized committee of an unopposed candi-
48 date for nomination may receive one-half the payment provided in subdi-
49 vision two of this section, provided that such candidate otherwise qual-
50 ifies pursuant to the provisions of this title. Such payment can only be
51 expended for property, services or facilities used on or before the date
52 of such primary.
53 4. The total payments from the fund received by the authorized commit-
54 tee of any candidate, when added to the total of contributions received
55 by such candidate and such candidate's authorized committee, may not
A. 5757 5
1 exceed the amount which may be expended by such candidate pursuant to
2 the provisions of this title.
3 5. The state board shall promptly examine all reports of contributions
4 to determine that, on their face, they meet the requirements for matcha-
5 ble contributions, and shall keep a record of such contributions.
6 6. The state board shall promulgate regulations for the certification,
7 for approval of payment by the New York state judicial election campaign
8 fund pursuant to section ninety-two-o of the state finance law, of the
9 sum of public funds that such candidate has qualified to receive from
10 the election campaign fund. These regulations shall include the promul-
11 gation and distribution of forms on which contributions and expenditures
12 are to be reported, the periods during which such reports must be filed
13 and the verification required. The state board shall endeavor to insti-
14 tute procedures which will make possible payment by the election
15 campaign fund within four business days after receipt of the required
16 forms and verifications.
17 § 14-208. Contribution and receipt limitations. 1. (a) In any
18 election for judicial office, no contributor may make a contribution to
19 any candidate or authorized committee, and no candidate or authorized
20 committee may accept any contribution from any contributor, which, in
21 the aggregate amount, is greater than one thousand five hundred dollars
22 except that a candidate who has elected to participate in such optional
23 public financing or such candidate's authorized committee may accept
24 from such party or constituted committees an amount which in the aggre-
25 gate does not exceed twenty-five thousand dollars. A candidate who has
26 elected not to participate in such optional public financing may accept
27 from such party or constituted committees an amount which, in the aggre-
28 gate, does not exceed fifteen thousand dollars.
29 (b) However, if any candidate in any election for which public funds
30 are available pursuant to the provisions of this title, elects not to
31 accept such public funds and either, such candidate spends, or contracts
32 or obligates to spend, or contributes to such candidate's authorized
33 committee an amount exceeding two hundred fifty thousand dollars of such
34 candidate's personal funds, or if such candidate and such candidate's
35 authorized committee spend or contract or obligate to spend, or receive
36 in loans or contributions, an amount exceeding one-third the expenditure
37 fixed by this title for candidates who have elected to accept such
38 public funds, contributors to those candidates for such office who have
39 elected to receive public funds shall be allowed to contribute and such
40 candidates or authorized committees shall be allowed to accept contrib-
41 utions from any contributor, which, in the aggregate, are twice the
42 amount which would otherwise be allowed by paragraph (a) of this subdi-
43 vision, whichever is applicable. If a candidate who elects not to accept
44 such public funds, spends, or contracts or obligates to spend, or
45 contributes to his authorized committee an amount exceeding two hundred
46 fifty thousand dollars of his personal funds, or if such a candidate and
47 the authorized committee of such a candidate spends or contracts or
48 obligates to spend, or receives in loans or contributions, an amount
49 exceeding one-third the expenditure limit for such office, such candi-
50 date or committee must notify the state board of the fact within forty-
51 eight hours by express mail.
52 (c) At the beginning of the calendar year two thousand seven and each
53 fourth calendar year thereafter, the state board shall determine the
54 percentage difference between the most recent available monthly consumer
55 price index for all urban consumers published by the United States
56 bureau of labor statistics and such consumer price index published for
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1 the same month four years previously. The amount of each contribution
2 limit fixed in this subdivision shall be adjusted by the amount of such
3 percentage difference to the closest one hundred dollars by the state
4 board which, not later than the first day of February in each such year,
5 shall issue a regulation setting forth the amount of each such contrib-
6 ution limit. Each contribution limit as so adjusted shall be the
7 contribution limit in effect for any election held before the next such
8 adjustment.
9 2. (a) Contributions received before the effective date of this title
10 may be expended only to the extent that they do not exceed the contrib-
11 ution limits imposed by this section. Interest earned on any such
12 contributions may be expended only to the extent that such interest was
13 earned on contributions which may be expended pursuant to the provisions
14 of this subdivision.
15 (b) However, if any candidate in any election for which public funds
16 are available pursuant to the provisions of this title, elects not to
17 accept such public funds and such candidate spends, or contracts or
18 obligates to spend, or contributes to such candidate's authorized
19 committee an amount exceeding two hundred fifty thousand dollars of such
20 candidate's personal funds, or such candidate and such candidate's
21 authorized committee spend or contract or obligate to spend, or receive
22 in loans or contributions, an amount exceeding one-third the expenditure
23 limit for such office fixed by this title for candidates who have
24 elected to accept such public funds, candidates for such office who have
25 elected to receive public funds and the authorized committees of such
26 candidates shall be allowed to expend all contributions received before
27 the effective date of this title.
28 3. (a) A candidate or the authorized committee of such a candidate who
29 has not elected to participate in such public funding provisions of this
30 article, shall not accept any contributions any earlier than one year
31 before the first day to circulate designating petitions for the office
32 which such candidate is seeking, or any later than the end of the calen-
33 dar year in which the election occurs, except that a candidate or
34 authorized committee which has a deficit at the end of such calendar
35 year may, after such calendar year, accept contributions which do not
36 exceed the amount of such deficit and the expenses incurred in raising
37 such contributions. Contributions to such a candidate or authorized
38 committee which were received before the effective date of this title
39 may not be expended in any election for any such office.
40 (b) A candidate for such an office to be filled at a special election,
41 or the authorized committee of such a candidate who has not elected to
42 participate in the public funding provisions of this title, shall not
43 accept any contributions any earlier than the date such office becomes
44 vacant or four months before such special election, whichever is earli-
45 er, or any later than two months after such election except that a
46 candidate or authorized committee which has a deficit two months after
47 such election may, after such date, accept contributions which do not
48 exceed the amount of such deficit and the expenses incurred in raising
49 such contributions.
50 4. Except for the limitations specifically set forth in this section,
51 such eligible candidates shall be subject to the provisions of section
52 14-114 of this article.
53 § 14-210. Expenditure limitations. 1. The following limitations apply
54 to all expenditures by eligible candidates and their authorized commit-
55 tees receiving public funds pursuant to the provisions of this title.
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1 2. (a) In any primary election, expenditures by eligible candidates
2 for judicial office and by their authorized committees shall not exceed
3 the sum of one dollar and seventy-five cents for each voter enrolled in
4 the candidate's party in the district in which such candidate is a
5 candidate, as determined by the records of the appropriate board or
6 boards of election as of the last general election preceding the primary
7 election, or whichever is greater. However, such expenditures shall not
8 exceed seventy-five thousand dollars in a primary election for a candi-
9 date for a judicial office.
10 (b) In any general or special election, expenditures by eligible
11 candidates and by their authorized committees shall not exceed seventy-
12 five thousand dollars.
13 (c) However, if any candidate in any election for which public funds
14 are available pursuant to the provisions of this title, elects not to
15 accept such public funds and either, such candidate spends, or contracts
16 or obligates to spend, or contributes to such candidate's authorized
17 committee an amount exceeding two hundred fifty thousand dollars of such
18 candidate's personal funds, or if such candidate and such candidate's
19 authorized committee spend or contract or obligate to spend, or receive
20 in loans or contributions, an amount exceeding one-third of the expendi-
21 ture limit for such office fixed by paragraph (a) or (b) of this subdi-
22 vision, whichever is applicable, for candidates who have elected to
23 accept such public funds, there shall be no expenditure limit for those
24 candidates for such office who have elected to receive public funds. If
25 a candidate who elects not to accept such public funds, spends or
26 contracts or obligates to spend, or contributes to such candidate's
27 authorized committee an amount exceeding two hundred fifty thousand
28 dollars of such candidate's personal funds, or if such a candidate and
29 the authorized committee of such a candidate spends or contracts or
30 obligates to spend, or receives in loans or contributions, an amount
31 exceeding one-third of the expenditure limit for such office, such
32 candidate or committee must notify the state board of that fact within
33 forty-eight hours by express mail.
34 (d) Candidates for office who are unopposed in the primary election
35 may expend before the primary election, for services, materials or
36 facilities used on or before the date of such primary election, an
37 amount equal to half the sum such candidates would be entitled to spend
38 if their nomination was contested in such primary election provided that
39 there is a contest in such primary for the nomination of at least one
40 other party for such office.
41 (e) Expenditures for legal fees and expenses to defend the validity of
42 petitions of designation or nomination or certificates of nomination,
43 acceptance, authorization, declination or substitution, or to challenge
44 successfully, any such petition or certificate on grounds of fraud and
45 for expenses incurred to comply with the campaign finance reporting
46 requirements of this article shall not be subject to the expenditure
47 limits of this subdivision.
48 (f) At the beginning of the calendar year two thousand seven and each
49 fourth calendar year thereafter, the state board shall determine the
50 percentage difference between the most recent available monthly consumer
51 price index for all urban consumers published by the United States
52 bureau of labor statistics and such consumer price index published four
53 years previously. The amount of each expenditure limit fixed in this
54 subdivision shall be adjusted by the amount of such percentage differ-
55 ence to the closest one thousand dollars by the state board which, not
56 later than the first day of February in each such year, shall issue a
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1 regulation setting forth the amount of each such contribution limit.
2 Each contribution limit as so adjusted shall be the contribution limit
3 in effect for any election held before the next such adjustment.
4 3. In computing the aggregate amount expended for purposes of this
5 section, expenditures made by a committee in support of more than one
6 candidate shall be allocated among such candidates supported by the
7 committee in accordance with formulas promulgated by the state board or,
8 in the absence of such official formulas, in accordance with any formula
9 based upon reasonable standards. The statements filed by such committee
10 in accordance with this chapter shall set forth, in addition to the
11 other information required, the total amount expended by the committee
12 on behalf of all such candidates and the amount allocated to each candi-
13 date by dollar amount and percentage. Expenditures by a state or other
14 committee of a political party for activities which do not support or
15 oppose the election of any candidate or candidates by name or by clear
16 inference shall not be regarded as expenditures on behalf of or in oppo-
17 sition to a candidate.
18 § 14-212. Examinations and audits; repayments. 1. The state board
19 shall conduct a thorough examination and audit of the contributions and
20 qualified campaign expenses of the authorized committee of every eligi-
21 ble candidate who received payments pursuant to section 14-206 of this
22 title.
23 2. (a) If the state board determines that any portion of the payment
24 made to such authorized committee from the New York state election
25 campaign fund was in excess of the aggregate amount of payments to which
26 such eligible candidate was entitled pursuant to section 14-206 of this
27 title, it shall notify such committee and such committee shall pay to
28 the state board an amount equal to the amount of excess payments.
29 (b) If the state board determines that any amount of payment made to
30 an authorized committee of an eligible candidate from the New York state
31 election campaign fund was used for purposes other than to defray quali-
32 fied campaign expenses, it shall notify the said authorized committee of
33 the amount disqualified and the said authorized committee shall pay to
34 the state board an amount equal to such disqualified amount.
35 (c) If the total of contributions and payments from the New York state
36 election campaign fund received by any candidate and such candidate's
37 authorized committee, exceeds the campaign expenditures of such candi-
38 date and committee, such candidate and committee shall use such excess
39 funds to reimburse the fund for payments received by such committee from
40 the fund not later than ten days after all liabilities have been paid
41 and in any event, not later than March thirty-first of the year follow-
42 ing the year of the election for which such payments were intended. No
43 such excess funds shall be used for any other purpose, unless the total
44 amount due the New York state election campaign fund from such candidate
45 and committee has been repaid.
46 3. If a court of competent jurisdiction disqualifies a candidate whose
47 authorized committee has received public funds on the grounds that such
48 candidate committed fraudulent acts in order to obtain a place on the
49 ballot and such decision is not reversed by a higher court, such candi-
50 date and such candidate's authorized committee shall pay to the state
51 board an amount equal to the total of public funds received by such
52 authorized committee.
53 4. All payments received by the state board pursuant to this section
54 shall be deposited in the New York state judicial election campaign fund
55 established by section ninety-two-o of the state finance law.
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1 § 14-214. Penalties. 1. Any person who knowingly and willfully fails
2 to file a statement required to be filed by this title or the rules or
3 regulations of the state board in implementation thereof within five
4 days after the date provided for filing such statement, or any person
5 who knowingly and willfully violates any other provision of this title
6 shall be guilty of a class A misdemeanor, unless a greater penalty is
7 specifically prescribed in another applicable statute.
8 2. Any person who knowingly and willfully contributes or expends or
9 aids or participates in the contribution or expenditure of funds in an
10 amount exceeding an applicable maximum specified in this title, or who
11 knowingly and willfully accepts or aids or participates in the accept-
12 ance of a contribution in an amount exceeding an applicable maximum
13 specified in this title shall be guilty of a class A misdemeanor.
14 3. Any person who knowingly and willfully neglects or refuses to
15 furnish any information required or authorized by this title, or to
16 exhibit records, papers or documents authorized by this title to be
17 inspected or which are required to be exhibited, shall be guilty of a
18 class A misdemeanor.
19 4. Any person who knowingly and willfully expends or aids or partic-
20 ipates in the expenditure of funds for a purpose or in a manner which
21 violates the provisions of this title shall be guilty of a class A
22 misdemeanor.
23 5. Any person who knowingly and willfully fails to return or aids or
24 participates in the failure to return to the state board any funds
25 required to be returned to such board pursuant to the provisions of this
26 title shall be guilty of a class A misdemeanor.
27 6. Any person who furnishes any false, fictitious or fraudulent
28 evidence, books or information to the state board of elections under
29 this title or includes in any evidence, books, or information so
30 furnished any misrepresentation of a material fact, or falsifies or
31 conceals any evidence, books, or information relevant to any audit by
32 the state board of elections or knowingly and willfully violates any
33 other provision of this title shall be guilty of a class A misdemeanor.
34 7. The attorney general shall be primarily responsible for instituting
35 and conducting prosecutions under this section. In such cases the attor-
36 ney general or the attorney general's deputy shall exercise all the
37 powers and perform all the duties which the district attorney would
38 otherwise be authorized or required to exercise or perform; whenever any
39 such prosecution is instituted by the attorney general, the district
40 attorney shall only exercise such powers and perform such duties as are
41 required of the district attorney by the attorney general or the deputy
42 attorney general. Until and unless the attorney general exercises
43 authority under this section an otherwise authorized district attorney
44 may institute and conduct a prosecution under this section.
45 8. Whenever the attorney general is authorized under this chapter to
46 prosecute a criminal proceeding on behalf of the state board, the attor-
47 ney general shall have the discretion to delegate the authority to
48 initiate or conduct any such prosecution to the state board of
49 elections.
50 § 14-216. Civil penalties. 1. Any person who fails to file a statement
51 or record required to be filed by this title or the rules or regulations
52 of the state board in implementation thereof shall be subject to a civil
53 penalty, not in excess of one thousand dollars, to be recoverable in a
54 civil proceeding brought by the state board.
55 2. If the aggregate amount of expenditures by a candidate and such
56 candidate's authorized committee exceeds the expenditure limitations
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1 contained in this title such candidate shall be liable for a civil
2 penalty in an amount equal to three times the sum by which such expendi-
3 tures exceed the permitted amount.
4 TITLE III
5 LOCAL OPTION PUBLIC FINANCING
6 Section 14-300. Public campaign financing in counties, cities or towns
7 by local option.
8 § 14-300. Public campaign financing in counties, cities or towns by
9 local option. 1. On the request of two-thirds of the total membership
10 of its legislative body or on the request of its chief executive officer
11 concurred in by a majority of such membership, of any county, city or
12 town which contains a population of more than one hundred thousand, made
13 to the state legislature, the legislature may enact a local public
14 campaign financing law for elections for judicial offices in such coun-
15 ty, city or town.
16 2. Such local public campaign finance law shall include, but not be
17 limited to: which offices shall be included in public financing, the
18 amount of public financing for each office, contribution and expenditure
19 limits, and the method of funding public financing.
20 3. The forms of requests to be submitted to the legislature with
21 respect to the enactment of such special law and the manner of communi-
22 cation of such requests to the legislature shall be the same as those
23 prescribed pursuant to section fifty-five of the legislative law.
24 4. Such local public financing law shall not take effect unless
25 enacted into law by the legislature within sixty days after receipt of
26 the request described in subdivision one of this section from such coun-
27 ty, city or town. If the legislature is not in session at the time of
28 such receipt, or if it adjourns sine die less than sixty days after such
29 receipt, then such sixty-day period for enactment shall run from the
30 date the legislature reconvenes.
31 5. Nothing in this section shall be construed to diminish any existing
32 authority of a county, city or town.
33 § 3. The state finance law is amended by adding a new section 92-o to
34 read as follows:
35 § 92-o. New York state judicial election campaign fund. 1. There is
36 hereby established in the joint custody of the state comptroller and the
37 commissioner of taxation and finance a fund to be known as the New York
38 state judicial election campaign fund.
39 2. Such fund shall consist of moneys credited or transferred thereto
40 from any other fund or source pursuant to law.
41 3. Moneys of the fund, following appropriation by the legislature, may
42 be expended for the purposes of making payments to candidates pursuant
43 to title II of article fourteen of the election law. Moneys shall be
44 paid out of the fund on the audit and warrant of the state comptroller
45 on vouchers certified or approved by the state board of elections, or
46 its duly designated representative, in the manner prescribed by law, not
47 more than four working days after such voucher is received by the state
48 comptroller.
49 4. Notwithstanding any provision of law to the contrary, if, in any
50 state fiscal year, the state judicial election campaign fund lacks the
51 amount of money to pay all claims vouchered by eligible candidates and
52 certified or approved by the state board of elections, any such defi-
53 ciency shall be paid, upon audit and warrant of the comptroller, from
54 funds deposited in the general fund of the state not more than four
55 working days after such voucher is received by the comptroller.
A. 5757 11
1 5. Commencing in two thousand six, if the surplus in the fund on April
2 first of the year after a year in which a governor is elected exceeds
3 twenty-five percent of the disbursements from the fund over the previous
4 four years, the excess shall revert to the general fund of the state.
5 6. No moneys shall be paid to candidates in a primary election any
6 earlier than two weeks after the last day to file designating petitions
7 for such primary election.
8 7. No moneys shall be paid to candidates in a general election any
9 earlier than the day after the day of the primary election held to nomi-
10 nate candidates for such election.
11 8. No moneys shall be paid to candidates in a special election any
12 earlier than the day after the last day to file certificates of party
13 nomination for such special election.
14 9. No moneys shall be paid to any candidate who has been disqualified
15 or whose designating petitions have been declared invalid by the appro-
16 priate board of elections or a court of competent jurisdiction until and
17 unless such finding is reversed by a higher authority. No payment from
18 the fund in the possession of such a candidate or such candidate's
19 authorized committee on the date of such disqualification or invali-
20 dation may thereafter be expended for any purpose except the payment of
21 liabilities incurred before such date. All such moneys shall be repaid
22 to the fund.
23 § 4. 1. A temporary state commission to study the existing judicial
24 electoral process is hereby created to examine, evaluate and make recom-
25 mendations regarding the feasibility of changing the existing electoral
26 process to a non-partisan candidate system for judges. Such commission
27 shall direct its attention to the impact of such changes on the peti-
28 tion, nominating, and ballot processes.
29 2. The commission shall consist of 11 members, each to serve for a
30 term of 2 years, to be forthwith appointed as follows: 2 shall be
31 appointed by the temporary president of the senate and 1 by the minority
32 leader of the senate; 2 shall be appointed by the speaker of the assem-
33 bly and 1 by the minority leader of the assembly; and 5 shall be
34 appointed by the governor. The governor's appointments shall include 1
35 representative from the office of court administration and 1 from the
36 state board of elections. The appointees shall be broadly representative
37 of the geographic areas of the state. No more than 4 appointees shall be
38 legislators. The governor shall designate the chairperson and vice-
39 chairperson from among his appointees. Vacancies in the membership of
40 the commission and among its officers shall be filled in the manner
41 provided for original appointments.
42 3. The commission may employ and at pleasure remove such personnel as
43 it may deem necessary for the performance of its functions and fix their
44 compensation within the amounts made available therefor.
45 4. The commission may meet within and without the state, shall hold
46 public hearings, and shall have all the powers of a legislative commit-
47 tee pursuant to the legislative law.
48 5. The members of the commission shall receive no compensation for
49 their services, but shall be allowed their actual and necessary expenses
50 incurred in the performance of their duties hereunder.
51 6. To the maximum extent feasible, the commission shall be entitled to
52 request and receive and shall utilize and be provided with such facili-
53 ties, resources, and data of any court, department, division, board,
54 bureau, commission, or agency of the state or any political subdivision
55 thereof as it may reasonably request to carry out properly its powers
56 and duties hereunder.
A. 5757 12
1 7. The commission shall make a preliminary report to the governor and
2 the legislature of its findings, conclusions, and recommendations not
3 later than 18 months after the effective date of this act and a final
4 report of its findings, conclusions, and recommendations not later than
5 2 years after the effective date of this act and shall submit with its
6 reports such legislative proposals as it deems necessary to implement
7 its recommendations.
8 § 5. The sum of two hundred fifty thousand dollars ($250,000), or so
9 much thereof as may be necessary, is hereby appropriated for the
10 purposes of carrying out the provisions of this act. Such moneys shall
11 be payable out of the state treasury in the general fund to the credit
12 of the state purposes account after audit by and on the warrant of the
13 state comptroller upon vouchers certified or approved by the chairperson
14 or vice-chairperson of the temporary state commission to study the
15 existing judicial electoral process as provided by law.
16 § 6. This act shall take effect immediately, except that the
17 provisions of title II of article 14 of the election law, as added by
18 section two of this act shall first apply in elections held in 2005;
19 provided that section four of this act shall take effect on the first of
20 January next succeeding the date on which it shall have become a law and
21 shall remain in effect for two years, when upon such date such section
22 shall expire and be deemed repealed.
