Amd Art 14 Art Head, desig SS14-100 - 14-130 to be Title 1, add Title head, Title II SS14-200 - 14-216, El L;
add S359-gg, Gen Bus L; add S99-u, St Fin L; add S630-c, Tax L
Enacts the "Comptroller Campaign Finance Reform Act" to provide for public financing for campaigns for the office of the state comptroller; authorizes the imposition of an additional surcharge on recoveries for fraudulent practices regarding stocks, bonds and other securities; establishes the New York State campaign finance fund; provides for a New York State campaign finance fund check-off.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8367B
SPONSOR: Silver (MS) TITLE OF BILL: An act to amend the election law, in relation to
enacting the comptroller campaign finance reform act to provide for
public financing for campaigns for the office of state comptroller; to
amend the general business law, in relation to authorizing the imposi-
tion of an additional surcharge on recoveries for fraudulent practices
relating to stocks, bonds and other securities; to amend the state
finance law, in relation to establishing the New York state campaign
finance fund; and to amend the tax law, in relation to providing for a
New York state campaign finance fund check-off
PURPOSE: This bill would provide candidates for the nomination of, or
election to the Office of State Comptroller, the option of receiving
publicly funded matching campaign contributions in return for agreeing
to: (i) caps on spending; (ii) limits on contributions; (iii) partic-
ipating in public debates; and (iv) monitoring and auditing of campaign
expenditures by an independent campaign finance board within the board
of elections.
SUMMARY OF PROVISIONS:
Section 1 renames Article 14 of the Election Law as "Campaign Finance."
Section 2 designates a new title 1 within article 14 of the Election Law
and its new title heading is "Campaign Receipts and Expenditures."
Section 3 establishes a new "Title 2" within Article 14 of the Election
Law, adding new sections 14-200 though 14-216, collectively known as the
"Comptroller Campaign Finance Reform Act":
* Section 14-200 provides for a short title;
* Section 14-201 contains legislative. findings and intent;
* Section 14-202 defines those: terms:to Title 2 and limits their appli-
cation to candidates for the nomination of and for the election to the
Office of State Comptroller. Such terms include the definitions of
candidate, contributor, contribution, campaign finance fund board, inde-
pendent expenditures, matchable contributions, and participating candi-
date, among others. Where applicable, all other definitions of Title 1
of Article 14 also apply to such candidates;
* Section 14-203 imposes reporting requirements on all candidates for
State Comptroller in addition to those otherwise mandated by the
Election Law. Any campaign report filed with the State Board of
Elections shall also be filed with the Campaign Finance Board;
* Section 14-204 limits campaign contributions that may be accepted by
participants in the public campaign funding program to $2000 per
contributor; but in all other respects, contributions to such campaigns
would be governed by Title 1 of Article 14 of the Election Law;
* Section 14-205 mandates that all candidates, participating and nonpar-
ticipating, keep records and file certain reports with the newly estab-
lished Campaign Finance Fund Board, in addition to those reports that
must be filed with the State Board of Elections under current law;
* Section 14-206 sets the terms and conditions that govern eligibility
to receive matching public funds and a threshold level of contributions
that must be raised across the State by a candidate seeking funding. To
be eligible, the candidate must receive contributions totaling $150,000
in matchable contributions in amounts no less than $10 and no greater
than $250, including at least 50 matchable contributions from registered
voters in 75 percent of the congressional districts in the State. A
matchable contribution is defined as the first $250 dollars of each
contribution received by a participating candidate. Once a candidate
meets the threshold, then he or she is deemed eligible to receive funds
for all elections to State Comptroller in the election year;
* Section 14-207 sets voluntary spending caps to which all participating
candidates must subscribe in order to receive matching public funds. The
proposed expenditure caps total $5 million for a primary election and
$7.5 million for a general election for each election. The section also
provides for the method of distributing matching funds from the newly
established Campaign Finance Fund;
* Section 14-208 sets the ratio of matching funds to be disbursed to
funds contributed at six dollars for every dollar of a matchable
contribution for funds raised for both a primary and a general election.
Such funds would be promptly disbursed and the ratio and spending caps
that § 14-207 provides would be adjusted in the event a nonparticipating
candidate Were to meet or exceed such spending caps;
* Section 14-209 limits the use of public matching funds to certain
"qualified campaign expenditures";
* Section 14-210 establishes a seven-member Campaign Finance Fund Board
within the State Board of Elections to monitor and audit the program and
enforce its provisions. One member shall be appointed by the governor,
one member shall be appointed by each legislative leader of both houses
and two additional members who shall be representative of non-partisan
citizens' groups who shall be appointed by the Governor upon consulta-
tion with the legislative leaders, one of whom shall serve as chair. No
member would be allowed to hold elective office or function as a lobby-
ist;
* Section 14-211 empowers the Campaign Finance Fund Board to audit and
examine all matters related to the performance of such board's functions
and all other matters related to the Comptroller Campaign Finance Reform
Act, including the auditing of any candidate who receives public funds,
and sets forth procedures for repayment of matching funds after an
election;
* Section 14-212 sets forth the wrongful acts that could result in the
Campaign Finance Fund Board imposing civil penalties;
* Section 14-213 sets forth the wrongful acts, misdemeanors and felo-
nies, that if proven, could lead to fines and imprisonment;
* Section 14-214 mandates that the Campaign Finance Fund Board issue a
detailed report on the operation of the program and make recommendations
regarding any amendments to this title;
* Section 14-215 requires participating candidates to engage in at least
one debate before a primary election and at least one debate before the
general election; and
* Section 14-216 governs (along with newly enacted § 99-u of the State
Finance Law) the distribution of funds from the Campaign Finance Fund.
Section 4 of this bill amends the General Business Law to add, a new §
359-gg to assess, in addition to any penalty authorized by section 359-g
of the General Business Law or any damages or other compensation recov-
erable, an additional surcharge in the amount of ten percent of the
total penalty, damages or settlement. Such surcharge would be deposited
in the Campaign Finance Fund.
Section 5 of the bill amends the State Finance Law to create a new §
99-u establishing the Campaign Finance Fund.
Section 6 of the bill adds a new Section 630-c of the Tax Law. This
Section provides for the creation of a campaign finance fund tax check-
off on personal income tax returns, the proceeds of which would also be
deposited into the NYS Campaign Finance Fund.
Section 7 of the bill contains a severability clause.
Section 8 of the bill sets an effective date of January 1, 2013.
The Comptroller Campaign Finance Reform Act would enact a comprehensive
program to provide financing to candidates running for the nomination
for or election to the Office of State Comptroller. Campaign spending
limits would be capped for the primary election and general election for
State Comptroller in 2014 for participants in the program at the follow-
ing levels: $5 million per candidate for a primary election and $7.5
million per candidate for the general election (defined collectively as
"covered elections").
Any qualified candidate, regardless of party affiliation, participating
in the program could receive matching funds (and be "a participant") if
he or she: (1) agrees to accept a limit on campaign contributions,
spending caps and strict reporting requirements and monitoring; and (2)
collects $150,000 in contributions as small as $10 but no more than $230
from at least 50 voters in 75 percent of the congressional districts in
the State. Collecting "seed money" in such fashion would help demon-
strate, before funds were tapped, that a candidate had a measure of
statewide appeal.
Each participant in the program would also be required to engage in at
least one debate before a primary election and one debate before the
general or special election according to rules set by the Campaign
Finance Board.
Financed through a ten percent surcharge on securities litigation, the
State (through a newly established Campaign Finance Fund) would match $6
dollars for every $1 dollar contributed to a candidate for the next
primary election and would match $6 dollars for every $1 dollar contrib-
uted to a candidate for the general election. Candidates who seek match-
ing funds would be limited to accepting contributions of $2,000 per
contributor; however, only the first $250 of each contribution would be
matched.
The program and participating candidates would be monitored and contin-
uously audited by a new, independent seven member Campaign Finance Fund
Board within the State Board of Elections consisting of appointees by
the Governor, leaders of each majority and minority in the Legislature
and two independent members from citizens groups, one of whom would
serve as chair. The Board, which would also oversee the fund, would
retain a nongovernmental auditor through an open, competitive process to
monitor the fund's operation and candidate compliance. The Board would
also administer the Campaign Finance Fund.
There would be strict limits on bow public funds could be spent. The
Board would have enforcement powers at its disposal to permit it to
recover funds wrongfully or mistakenly paid to a candidate and to seek
civil and criminal penalties against those who have violated the law.
Such remedies would be without prejudice to any other remedies against
violators available under law or regulation.
RATIONALE FOR THE LEGISLATION: The Comptroller is committed to
reforming New York's campaign finance system for the Office of State
Comptroller. As sole trustee of the New York state and local retirement
system and as chief fiscal officer for the state of New York, the Comp-
troller has a fiduciary duty to the members, retirees and beneficiaries
of the retirement system and to the people of New York State. This Act
would comply with such duty and further the State's interest by encour-
aging qualified candidates to run for the Office of State Comptroller
regardless of their access to wealth, thereby increasing public debate
and participation in the democratic process.
The Comptroller urges approval of this legislation.
STATE OF NEW YORK
________________________________________________________________________
8367--B
2011-2012 Regular Sessions
IN ASSEMBLY
June 14, 2011
___________
Introduced by M. of A. SILVER, MILLMAN, WRIGHT, WEINSTEIN, GOTTFRIED,
PEOPLES-STOKES, QUART -- Multi-Sponsored by -- M. of A. ABINANTI,
BENEDETTO, BRENNAN, CAHILL, CANESTRARI, CLARK, COLTON, COOK, DINOWITZ,
ENGLEBRIGHT, GALEF, GANTT, GLICK, GUNTHER, HOOPER, JACOBS, KAVANAGH,
LANCMAN, LATIMER, LAVINE, LENTOL, LIFTON, LUPARDO, McENENY, MORELLE,
NOLAN, O'DONNELL, ORTIZ, PAULIN, PERRY, PRETLOW, REILLY, P. RIVERA,
ROSENTHAL, SCARBOROUGH, SWEENEY, WEISENBERG -- (at request of the
State Comptroller) -- read once and referred to the Committee on
Election Law -- ordered to third reading -- committed to the Committee
on Election Law -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported and
referred to the Committee on Codes -- reported and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the election law, in relation to enacting the comp-
troller campaign finance reform act to provide for public financing
for campaigns for the office of state comptroller; to amend the gener-
al business law, in relation to authorizing the imposition of an addi-
tional surcharge on recoveries for fraudulent practices relating to
stocks, bonds and other securities; to amend the state finance law, in
relation to establishing the New York state campaign finance fund; and
to amend the tax law, in relation to providing for a New York state
campaign finance fund check-off
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The article heading of article 14 of the election law is
2 amended to read as follows:
3 CAMPAIGN [RECEIPTS AND EXPENDITURES] FINANCE
4 § 2. Sections 14-100 through 14-130 of article 14 of the election law
5 are designated title 1 and a new title heading is added to read as
6 follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
A LBD11990-06-2
A. 8367--B 2
1 CAMPAIGN RECEIPTS AND EXPENDITURES
2 § 3. Article 14 of the election law is amended by adding a new title 2
3 to read as follows:
4 TITLE II
5 COMPTROLLER CAMPAIGN FINANCE REFORM ACT
6 Section 14-200. Short title.
7 14-201. Declaration of legislative findings and intent.
8 14-202. Applicability and definitions.
9 14-203. Reporting requirements.
10 14-204. Contribution and receipt limitations.
11 14-205. Proof of compliance.
12 14-206. Eligibility.
13 14-207. Voluntary expenditure limits for participating candi-
14 dates.
15 14-208. Payment of public matching funds.
16 14-209. Use of public matching funds; qualified campaign expend-
17 itures.
18 14-210. Campaign finance board; general powers and duties.
19 14-211. Audits and repayments.
20 14-212. Civil enforcement.
21 14-213. Criminal penalties.
22 14-214. Reports.
23 14-215. Debates.
24 14-216. Distributions from campaign finance fund.
25 § 14-200. Short title. This title shall be known and may be cited as
26 the "comptroller campaign finance reform act".
27 § 14-201. Declaration of legislative findings and intent. The legis-
28 lature is committed to reforming New York's campaign finance system for
29 the office of the state comptroller. As sole trustee of the New York
30 state and local retirement system and as chief fiscal officer for the
31 state of New York, the comptroller has a fiduciary duty to the members,
32 retirees and beneficiaries of the retirement system and to the people of
33 New York state.
34 In recognition of these issues, this act provides for the public
35 financing of the campaign for the office of the state comptroller. The
36 inclusion of voluntary expenditure caps combined with a minimum thresh-
37 old for participation in the campaign finance program and contribution
38 limits as provided for in this title furthers the state's interest in
39 encouraging qualified candidates to run for the office of state comp-
40 troller regardless of their access to wealth, thus increasing public
41 debate and participation in the democratic process.
42 Finally, the legislature finds that an independent entity within the
43 state board of elections to oversee this program is necessary to carry
44 out this act's mandates. This act creates a campaign finance board with-
45 in the state board of elections to monitor and enforce the program and
46 its provisions to ensure that the intent of this act is fully imple-
47 mented.
48 § 14-202. Applicability and definitions. This title shall apply exclu-
49 sively to campaign financing of candidates for the nomination for
50 election, and for election to, the office of state comptroller. For
51 purposes of this title, the following terms shall have the following
52 meanings:
53 1. "Authorized committee" means a political committee designated by a
54 candidate pursuant to section 14-203 of this title to receive contrib-
55 utions and make expenditures in support of such candidate's campaign. No
A. 8367--B 3
1 more than one authorized committee may be designated by a candidate in
2 any election cycle.
3 2. "Board" or "campaign finance board" means the board created by
4 section 14-210 of this title to administer the campaign finance fund.
5 3. "Candidate" means any candidate for nomination for election, or for
6 election to, the office of state comptroller whether such candidate is a
7 "participating candidate" or "nonparticipating candidate" as defined in
8 this section.
9 4. "Contribution" means:
10 (a) any gift, subscription, outstanding loan (to the extent provided
11 for in section 14-114 of this article), advance, or deposit of money or
12 anything of value, made in connection with the nomination for election,
13 or election, of any candidate, or made to promote the success or defeat
14 of a political party or principle, or of any ballot proposal;
15 (b) any funds received by a political committee from another political
16 committee to the extent such funds do not constitute a transfer; and
17 (c) any payment, by any person other than a candidate or an authorized
18 committee, made in connection with the nomination for election or
19 election of any candidate, or any payment made to promote the success or
20 defeat of a political party or principle, or of any ballot proposal
21 including but not limited to compensation for the personal services of
22 any individual which are rendered in connection with a candidate's
23 election or nomination without charge; provided however, that none of
24 the foregoing shall be deemed a contribution if it is made, taken or
25 performed by a candidate or his or her spouse or by a person or a poli-
26 tical committee independent of the candidate or his or her agents or
27 political committees. For purposes of this title, the term "independent
28 of the candidate or his or her agents or political committees" shall
29 mean that the candidate or his or her agents or political committee did
30 not authorize, request, suggest, foster or cooperate in any such activ-
31 ity; and provided further, that the term contribution shall not include:
32 (i) the value of services provided without compensation by individuals
33 who volunteer a portion or all of their time on behalf of a candidate or
34 political committee;
35 (ii) the use of real or personal property and the cost of invitations,
36 food and beverages voluntarily provided by an individual to a candidate
37 or political committee on the individual's residential premises for
38 candidate-related activities to the extent such services do not exceed
39 five hundred dollars in value;
40 (iii) the travel expenses of any individual who on his or her own
41 behalf volunteers his or her personal services to any candidate or poli-
42 tical committee to the extent such expenses are unreimbursed and do not
43 exceed five hundred dollars in value; and
44 (iv) expenditures by a bona fide membership organization in support of
45 the following activities by members of the organization who are volun-
46 teering their time on behalf of a candidate, not to exceed twenty-five
47 dollars per member who volunteer for: (1) transportation of volunteers
48 to and from campaign activities; (2) cost of feeding volunteers while
49 volunteering for the campaign; and (3) materials such as badges and
50 clothing that identifies the name of the organization or candidate.
51 5. "Contributor" means an entity, including, but not limited to,
52 natural persons, associations, bona fide membership organizations, part-
53 nerships and corporations, that makes a contribution, as defined in
54 subdivision four of this section.
55 6. "Covered election" means any primary election for nomination, or
56 general election for election, to the office of state comptroller.
A. 8367--B 4
1 7. "Election cycle" means the four-year period starting after the day
2 after the last general election for candidates for statewide office.
3 8. "Expenditure" means any gift, subscription, advance, payment, or
4 deposit of money or anything of value, or a contract to make any gift,
5 subscription, payment, or deposit of money or anything of value, made in
6 connection with the nomination for election, or election, of any candi-
7 date. Expenditures made by contract are deemed made when such funds are
8 obligated.
9 9. "Fund" means the campaign finance fund created by section ninety-
10 nine-u of the state finance law.
11 10. "Immediate family" means a spouse, domestic partner, child,
12 sibling or parent.
13 11. "Item with significant value" means any item, including any item
14 valued at twenty-five dollars or more.
15 12. "Legislative leader" means any of the following: the temporary
16 president of the senate; the speaker of the assembly; the minority lead-
17 er of the senate; or the minority leader of the assembly.
18 13. "Matchable contribution" means a contribution, contributions or
19 such portion of a contribution or contributions made by a natural person
20 residing in the state of New York at the time of such contribution, with
21 a value not to exceed two hundred fifty dollars, to a participating
22 candidate for any primary and a contribution, contributions or such
23 portion of a contribution or contributions made by a natural person
24 residing in the state of New York at the time of such contribution with
25 a value not to exceed two hundred fifty dollars to a participating
26 candidate for a general election held in the same election cycle that
27 has been reported in full to the state board of elections in accordance
28 with sections 14-102 and 14-104 of this article by the candidate's
29 authorized committee and has been contributed on or before the date of
30 the applicable primary or general election. Any contribution, contrib-
31 utions, or such portion of a contribution or contributions determined to
32 be invalid for public matching funds by the board pursuant to the
33 provisions of this title may not be treated as a matchable contribution.
34 In addition, the following contributions are not matchable: (a) loans;
35 (b) in-kind contributions of property, goods, or services; (c) contrib-
36 utions in the form of the purchase price paid for an item with signif-
37 icant value; (d) anonymous contributions or contributions whose source
38 is not itemized as required by section 14-203 of this title; (e)
39 contributions gathered during a previous election cycle; (f) illegal
40 contributions; and (g) contributions from individuals under the age of
41 eighteen years.
42 14. "Nonparticipating candidate" shall mean a candidate for the office
43 of state comptroller for a covered election who fails to file a written
44 certification in the form of an affidavit pursuant to section 14-206 of
45 this title.
46 15. "Participating candidate" shall mean any candidate for nomination
47 for election, or election, to the office of state comptroller who files
48 a written certification in the form of an affidavit pursuant to section
49 14-206 of this title.
50 16. "Political committee" means a committee designated by a candidate
51 pursuant to section 14-100 of this article.
52 16-a. "Public matching funds" means monies paid from the campaign
53 finance fund to the authorized committee of participating candidates
54 pursuant to this title.
55 17. "Qualified campaign expenditure" shall mean an expenditure for
56 which public matching funds may be used.
A. 8367--B 5
1 18. "Threshold for eligibility" shall mean the amount of matchable
2 contributions that a candidate's authorized committee must receive in
3 total in order for such candidate to qualify for voluntary public
4 financing under this article.
5 19. "Transfer" shall mean any exchange of funds or any thing of value
6 between political committees authorized by the same candidate taking
7 part solely in his or her campaign, or any exchange of funds between a
8 party or constituted committee and a candidate or his or her designated
9 authorized political committees.
10 § 14-203. Reporting requirements. 1. Every participating candidate
11 shall not designate more than one authorized committee. Before receiving
12 any contribution or making any expenditure for a covered election, each
13 participating candidate shall notify the state board of elections and
14 the board as to the existence of his or her authorized committee that
15 has been designated and approved by such candidate. Each such authorized
16 committee shall, before opening a committee bank account, receiving any
17 contribution or making any expenditure for a covered election: (a)
18 designate a treasurer; and (b) obtain a tax identification number from
19 the internal revenue service.
20 2. Disclosure. (a) Every participating candidate shall submit such
21 reports to the state board of elections as required by title one of this
22 article. Copies of such reports shall also be submitted to the campaign
23 finance board created pursuant to this article at the same time such
24 reports are submitted to the state board of elections.
25 (b) The campaign finance board shall review each disclosure report
26 filed with the state board of elections pursuant to title one of this
27 article and shall inform participating candidates and political commit-
28 tees including the authorized committee, of relevant questions the board
29 has concerning: (i) compliance with requirements of this title and of
30 the rules issued by the board; and (ii) qualification for receiving
31 public matching funds pursuant to this title. In the course of such
32 review, the board shall give candidates and political committees includ-
33 ing the authorized committee, an opportunity to respond to and correct
34 potential violations and give candidates an opportunity to address ques-
35 tions the board has concerning their matchable contribution claims or
36 other issues concerning eligibility for receiving public matching funds
37 pursuant to this title. Nothing in this paragraph shall preclude the
38 board from subsequently reviewing such a disclosure report and taking
39 any action otherwise authorized by this title.
40 (c) Only itemized contributions contained in reports filed with the
41 state board of elections shall be eligible for matching funds pursuant
42 to this title.
43 § 14-204. Contribution and receipt limitations. 1. A participating
44 candidate and his or her authorized committee shall not accept, either
45 directly or indirectly:
46 (a) total contributions from any one contributor that exceed two thou-
47 sand dollars in any primary in an election cycle for the office of state
48 comptroller and two thousand dollars for a general election in an
49 election cycle; or
50 (b) any contribution from a political committee that has not regis-
51 tered with the state board of elections.
52 2. (a) Notwithstanding the expenditure limit for such office as fixed
53 by this title for candidates who have elected to accept public funds, a
54 participating candidate for state comptroller in a primary or general
55 election or such candidate's authorized committee may accept from a
56 state party committee which has nominated such candidate services in an
A. 8367--B 6
1 amount which, in the aggregate, does not exceed one million dollars;
2 provided, however, that twenty-five percent of such amount may be
3 accepted in the form of a transfer.
4 (b) For purposes of this subdivision, the term "state party committee"
5 includes any of its subcommittees.
6 3. Notwithstanding any expenditure limit set forth in this title, each
7 county committee of any party which nominates a candidate for state
8 comptroller, including within the term "county committee" any of its
9 subcommittees, may expend in support of each such candidate of such
10 party who has agreed to accept public financing, an amount which shall
11 not exceed the sum of two cents for each voter registered in such county
12 as determined by the record of the appropriate board of elections as of
13 the preceding general election.
14 4. In computing the aggregate amount expended for purposes of this
15 section, expenditures made by a state party committee or a county
16 committee in support of more than one candidate shall be allocated among
17 such candidates supported by the committee in accordance with formulas
18 promulgated by the state board of elections or, in the absence of such
19 official formulas, in accordance with a formula based upon reasonable
20 standards. The statements filed by such party committee in accordance
21 with this chapter shall set forth, in addition to the other information
22 required, the total amount expended by the party committee on behalf of
23 all such candidates and the amount allocated to each candidate by dollar
24 amount and percentage. Expenditures by a party for activities which do
25 not support or oppose the election of any candidate or candidates by
26 name or by clear inference shall not be regarded as expenditures on
27 behalf of or in opposition to a candidate.
28 5. Notwithstanding any other contribution limit specified in this
29 section, participating candidates may give, out of their own money,
30 three times the applicable contribution limit to their own campaigns,
31 provided that none of the money so contributed shall qualify for match-
32 ing funds.
33 6. All monetary contributions and all public matching funds accepted
34 by a candidate's authorized committee shall be deposited into an account
35 with a bank licensed by the New York state department of financial
36 services held in the name of the authorized political committee within
37 ten business days of receipt. Each authorized committee shall have no
38 more than one checking account.
39 7. Contributions to candidates in covered elections shall, for each
40 election cycle, in all other respects, be subject to the limitations and
41 provisions of title one of this article.
42 § 14-205. Proof of compliance. Candidates and political committees
43 shall maintain such records of receipts and expenditures for a covered
44 election as may be required by the campaign finance board. Candidates
45 and political committees shall obtain and furnish to the board any
46 information it may request relating to financial transactions or
47 contributions and furnish such documentation and other proof of compli-
48 ance with this title as may be requested by the board. Candidates and
49 political committees shall maintain copies of such records for a period
50 of five years following the general election.
51 § 14-206. Eligibility. 1. To be eligible for public financing pursuant
52 to this title, a candidate must: (a) be a candidate in a covered
53 election; (b) satisfy all the requirements of law to have his or her
54 name on the ballot; (c) in the case of a covered general election, be
55 opposed by another candidate on the ballot who is not a write-in candi-
56 date; (d) submit a certification in the form of an affidavit, in such
A. 8367--B 7
1 form as may be prescribed by the campaign finance board, that sets forth
2 his or her agreement to comply with the terms and conditions for the
3 provision of such funds in each covered election which shall be filed
4 with such board by June first directly before the election; (e) be
5 certified as a participating candidate by such board not later than two
6 weeks after the filing of such affidavit; (f) not make, and not have
7 made, expenditures from, or use, his or her personal funds or property
8 or personal funds or property jointly held with his or her spouse,
9 domestic partner, or child in connection with his or her nomination for
10 election or election to a covered office except as a contribution to his
11 or her authorized committee in an amount that exceeds three times the
12 applicable contribution limit from an individual contributor to candi-
13 dates for the office that he or she is seeking; (g) meet the threshold
14 for eligibility set forth in subdivision two of this section; (h) abide
15 by the requirements set forth in this title and chapter during the post-
16 election period; and (i) not make, and not have made, and his or her
17 authorized committee must not make, and not have made expenditures that
18 in the aggregate exceed the applicable spending limit as provided in
19 this title.
20 2. (a) The threshold for eligibility for public funding for partic-
21 ipating candidates shall be the receipt of contributions totaling one
22 hundred fifty thousand dollars in matchable contributions in single
23 amounts of no less than ten dollars and no more than two hundred fifty
24 dollars, including at least fifty matchable contributions from natural
25 persons registered to vote in each of at least seventy-five percent of
26 the total number of congressional districts in the state at the time of
27 such covered election.
28 (b) Any participating candidate meeting the threshold for eligibility
29 in a primary election shall be deemed to have met the threshold for
30 eligibility for such office in any other election held in the same
31 election cycle.
32 § 14-207. Voluntary expenditure limits for participating candidates.
33 1. Participating candidates may spend no more than five million dollars
34 for the primary election. Expenditures made before or on the date of a
35 primary election shall be deemed to have been made for such primary
36 election.
37 2. Participating candidates may spend no more than seven million five
38 hundred thousand dollars in a general election campaign.
39 3. Expenditures made for the purpose of complying with this title or
40 chapter, including legal fees, accounting fees, the cost of record
41 creation and retention, and other necessary compliance expenditures, and
42 expenses to challenge or defend the validity of petitions of designation
43 or nomination or certificates of nomination, acceptance, authorization,
44 declination or substitution, and expenses related to the canvassing of
45 election results, shall not be limited by the spending limits of this
46 section. The burden is on the candidate to substantiate exempt expendi-
47 tures. The board shall promulgate rules to implement this section.
48 § 14-208. Payment of public matching funds. 1. No public matching
49 funds shall be paid to an authorized committee unless the campaign
50 finance board determines that the participating candidate has qualified
51 pursuant to this title. Payment shall not exceed the amounts specified
52 in this section and may be made only to the participating candidate's
53 authorized committee. No public matching funds shall be used except to
54 reimburse or pay for qualified campaign expenditures actually and
55 lawfully incurred or to repay loans used to pay qualified campaign
56 expenditures.
A. 8367--B 8
1 2. If the threshold for eligibility is met, the participating candi-
2 date's authorized committee shall receive payment for qualified campaign
3 expenditures of six dollars of public matching funds for each one dollar
4 of matchable contributions for a primary election and six dollars of
5 public matching funds for each one dollar of matchable contributions for
6 a general election received and reported to the board; provided, howev-
7 er, that the total amount of public matching funds shall not exceed two
8 million two hundred thousand dollars for each participating candidate
9 for a primary and shall not exceed three million two hundred thousand
10 dollars for each participating candidate for a general election in any
11 election cycle.
12 3. The commissioner of taxation and finance shall make all payments of
13 public matching funds to participating candidates as soon as practica-
14 ble, but no later than three days after submission by the participating
15 candidate of a campaign contribution report filed with the state board
16 of elections in compliance with this article. The campaign finance board
17 shall verify eligibility for and amount of public matching funds within
18 one day after receipt of such contribution report. Upon determination of
19 eligibility of a participating candidate for public matching funds and
20 of amount of such matching funds, the campaign finance board shall
21 submit within one day a duly approved, certified and executed voucher to
22 the department of taxation and finance requesting payment of such match-
23 ing funds and payment thereof shall be made to the participating candi-
24 date's authorized committee not less than one day after such voucher is
25 received by the department of taxation and finance. If any of the time
26 limits in this title for payment fall on a weekend or holiday, payment
27 shall be made on the next business day.
28 4. The campaign finance board and the department of taxation and
29 finance shall promulgate rules to facilitate electronic fund transfers
30 directly from the fund into an authorized committee's bank account.
31 § 14-209. Use of public matching funds; qualified campaign expendi-
32 tures. 1. Public matching funds provided under the provisions of this
33 title may be used only by an authorized committee for expenditures to
34 further the participating candidate's nomination for election, or
35 election, including paying for debts incurred within one year before an
36 election to further the participating candidate's nomination for
37 election or election.
38 2. Such public matching funds may not be used for: (a) an expenditure
39 that violates any law or regulation; (b) an expenditure in excess of the
40 fair market value of services, materials, facilities or other item of
41 significant value received in exchange; (c) an expenditure made after
42 the candidate has been finally disqualified from the ballot; (d) an
43 expenditure for an obligation incurred after the only remaining opponent
44 of the candidate has been finally disqualified from the ballot; (e) an
45 expenditure made by cash payment; (f) a contribution or loan made to
46 another candidate or political committee; (g) an expenditure to support
47 or oppose another candidate or political committee; (h) gifts, except
48 brochures, buttons, signs and other printed campaign material; (i) legal
49 fees to defend against a criminal charge; or (j) a payment to an immedi-
50 ate family member of the participating candidate.
51 § 14-210. Campaign finance board; general powers and duties. 1. There
52 shall be a board within the state board of elections known as the
53 "campaign finance board" composed of seven members, of which one member
54 shall be appointed by the governor, one member shall be appointed by
55 each legislative leader of the senate and assembly. Two additional
56 members who shall be representative of non-partisan citizens' groups
A. 8367--B 9
1 shall be appointed by the governor upon consultation with the legisla-
2 tive leaders and the governor shall designate one to be the chair. No
3 member of the campaign finance board shall hold elective office, nor
4 shall any member be a lobbyist as defined in subdivision (a) of section
5 one-c of the legislative law. The chair shall be responsible for manag-
6 ing the campaign finance board. The members shall each serve for a term
7 of four years.
8 2. Each member's term shall commence on June first, two thousand thir-
9 teen. In case of a vacancy in the office of a member, a member shall be
10 appointed according to the original manner of appointment. Each member
11 shall be a resident of the state of New York and registered to vote
12 therein. Each member shall agree not to make and shall not make contrib-
13 utions to any candidate or authorized committee for nomination for
14 election or for election to the office of state comptroller. No member
15 shall serve as an officer of a political party or committee or be a
16 candidate or participate in any capacity in a campaign by a candidate
17 for nomination for election, or for election to the office of state
18 comptroller. An officer or employee of the state or any state agency
19 shall not be eligible to be a member of the campaign finance board.
20 3. The members of the campaign finance board shall be entitled to
21 receive payment for actual and necessary expenses incurred in the
22 performance of their duties as members of such board.
23 4. The campaign finance board may employ or shall utilize existing
24 staff of the state board of elections as may be necessary, including an
25 executive director and a counsel, and make necessary expenditures
26 subject to appropriation. The campaign finance board shall retain an
27 independent auditor to perform ongoing audits of each covered election
28 by contract entered into pursuant to section one hundred sixty-three of
29 the state finance law.
30 5. A member of the campaign finance board may be removed for cause by
31 the appointing authority upon notice and an opportunity for a hearing.
32 6. In addition to the enforcement powers, and any other powers and
33 duties specified by law, the campaign finance board shall:
34 (a) (i) render advisory opinions with respect to questions arising
35 under this title upon the written request of a candidate, an officer of
36 a political committee or member of the public, or upon its own initi-
37 ative; (ii) promulgate rules regarding reasonable times to respond to
38 such requests; and (iii) make public the questions of interpretation for
39 which advisory opinions will be considered by the campaign finance board
40 and its advisory opinions, including by publication on its website;
41 (b) develop a program for informing candidates and the public as to
42 the purpose and effect of the provisions of this title, including by
43 means of a website;
44 (c) have the authority to promulgate such rules and regulations and
45 prescribe such forms as the campaign finance board deems necessary for
46 the administration of this title; and
47 (d) in conjunction with the state board of elections develop an inter-
48 active, searchable computer database that shall contain all information
49 necessary for the proper administration of this title including informa-
50 tion on contributions to and expenditures by candidates and their
51 authorized committees and distributions of moneys from the fund and
52 shall be accessible to the public on the state board of elections'
53 website.
54 7. Consistent with the provisions of the civil service law and subdi-
55 vision seventeen of section seventy-three of the public officers law,
56 and notwithstanding the provisions of any other law to the contrary, all
A. 8367--B 10
1 positions on the staff of the campaign finance board shall be classified
2 in the exempt class of the civil service and such positions shall be
3 filled, to the extent possible, with an equal number of persons from
4 each of the two political parties for which the highest and the next
5 highest number of votes were cast for the office of state comptroller at
6 the last preceding general election for such office.
7 8. The campaign finance board's administration of the fund shall be
8 governed by the provisions of this title and section ninety-nine-u of
9 the state finance law.
10 9. The campaign finance board and its proceedings shall be governed by
11 the state administrative procedure act and subject to articles six and
12 seven of the public officers law.
13 10. The campaign finance board may take such other actions as are
14 necessary and proper to carry out the purposes of this title.
15 § 14-211. Audits and repayments. 1. The campaign finance board is
16 hereby empowered to audit and examine all matters relating to the
17 performance of its functions and any other matter relating to the admin-
18 istration of this title. Such audits shall be conducted as frequently as
19 the campaign finance board deems necessary to ensure compliance with
20 this title. Every candidate who receives public matching funds under
21 this title shall also be audited by the campaign finance board post-e-
22 lection. The cost of complying with a post-election audit shall be borne
23 by the candidate's authorized committee. A candidate who has received
24 public matching funds under this title must maintain a reserve of at
25 least one percent of the total amount of matching funds received by such
26 candidate in his or her campaign account to comply with the post-elec-
27 tion audit. A candidate who runs in both a primary and a general
28 election, must maintain a reserve of one percent of the total amount of
29 public matching funds received by such candidate for both his or her
30 primary and general election. A candidate may use public matching funds,
31 private funds or a combination of public and private funds to comply
32 with a post-election audit. The campaign finance board shall issue to
33 each campaign audited the final post-election audit report that details
34 its findings and shall provide such audit to the governor and legisla-
35 tive leaders and make such audit report available on the state board of
36 elections' website.
37 2. If the campaign finance board determines that any portion of a
38 payment made to a candidate's authorized committee from the fund
39 exceeded the amount that such candidate was eligible to receive pursuant
40 to this title, the campaign finance board shall notify such committee
41 and such committee shall pay to the campaign finance board an amount
42 equal to the amount of the excess payment; provided, however, that if
43 the erroneous payment was due to an error made by the campaign finance
44 board, then the erroneous payment will be offset against any future
45 payment, if any. The participating candidate and the candidate's author-
46 ized committee shall be jointly and severally liable for any repayments
47 due to the campaign finance board for deposit by such board into the New
48 York state campaign finance fund.
49 3. If the campaign finance board determines that any portion of a
50 payment made to a candidate's authorized committee from the New York
51 state campaign finance fund was used for purposes other than qualified
52 campaign expenditures, the campaign finance board shall notify such
53 committee of the amount so disqualified and such committee shall pay to
54 the campaign finance board an amount equal to such disqualified amount.
55 Such monies shall be deposited into the New York state campaign finance
56 fund created pursuant to section ninety-nine-u of the state finance law.
A. 8367--B 11
1 The candidate and the candidate's authorized committee shall be jointly
2 and severally liable for any repayments due to the campaign finance
3 board.
4 4. If the total of contributions, other receipts, and payments from
5 the New York state campaign finance fund as matchable funds received by
6 a participating candidate and his or her authorized committee exceeds
7 the total campaign expenditures of such candidate and committee for all
8 covered elections held in the same calendar year, such candidate and
9 committee shall use such excess funds to reimburse the New York state
10 campaign finance fund for payments received by such committee from such
11 fund during such calendar year. A participating candidate shall pay to
12 the campaign finance board for deposit into the campaign finance fund
13 unspent matching funds for an election not later than thirty days after
14 all liabilities for the election campaign have been paid and in any
15 event, not later than twenty days after the date on which the campaign
16 finance board issues its final audit report for the participating candi-
17 date's committee; provided, however, that all unspent matching funds for
18 a participating candidate shall be immediately due and payable to the
19 campaign finance board for deposit into the New York state campaign
20 finance fund upon its determination that the participant willfully
21 delayed the post-election audit process. A participating candidate may
22 make post-election expenditures only for routine activities involving
23 nominal costs associated with winding up a campaign and responding to
24 the post-election audit. For accounting purposes, all private and
25 personal contributions shall be considered spent before revenue from the
26 fund is spent or committed.
27 § 14-212. Civil enforcement. 1. Any person or authorized committee who
28 knowingly and intentionally fails to make a filing required by the
29 provisions of this title shall be subject to a civil penalty not to
30 exceed the amount of five thousand dollars.
31 2. Any person or authorized committee who knowingly and intentionally
32 violates any other provision of this title or any rule promulgated here-
33 under shall be subject to a civil penalty not to exceed the amount of
34 ten thousand dollars.
35 3. Fines authorized under this section will be imposed by the campaign
36 finance board after a hearing at which the subject person or authorized
37 committee shall be given an opportunity to be heard. Such hearing shall
38 be held in such manner and upon such notice as may be prescribed by the
39 rules of the campaign finance board. For purposes of conducting such
40 hearings, the campaign finance board shall be deemed to be an agency
41 within the meaning of article three of the state administrative proce-
42 dure act and shall adopt rules governing the conduct of adjudicatory
43 proceedings and appeals taken pursuant to a proceeding commenced under
44 article seventy-eight of the civil practice law and rules relating to
45 the assessment of the civil penalties herein authorized.
46 4. If the aggregate amount of expenditures by a participating candi-
47 date and such candidate's authorized committee exceed the expenditure
48 limit established by section 14-207 of this title, such candidate and
49 authorized committee shall be subject to a civil penalty not to exceed
50 three times the sum by which such expenditures surpass the applicable
51 spending limit.
52 5. The campaign finance board shall publish on the state board of
53 elections' website the final order adjudicating any matter brought
54 pursuant to this section.
A. 8367--B 12
1 6. Any civil penalties imposed by the campaign finance board pursuant
2 to this section shall be deposited into the New York state campaign
3 finance fund.
4 § 14-213. 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 makes a false statement or knowingly omits
17 a material fact to the campaign finance board or an auditor designated
18 by the campaign finance board during any audit conducted pursuant to
19 section 14-211 of this title shall be guilty of a class E felony.
20 4. In addition any other sentence lawfully imposed upon a finding of
21 guilt in a criminal prosecution commenced pursuant to the provisions of
22 this section, the court may order a defendant to repay to the campaign
23 finance board any public matching funds obtained as a result of any
24 criminal conduct.
25 5. All such prosecutions for criminal acts under this article shall be
26 prosecuted by the attorney general of the state of New York.
27 6. Any and all fines imposed pursuant to this section shall be made
28 payable to the campaign finance board for deposit into the New York
29 state campaign finance fund.
30 § 14-214. Reports. The campaign finance board shall submit a report to
31 the governor and legislative leaders on or before February first, two
32 thousand sixteen, and every four years thereafter, which shall include:
33 1. a list of the participating and nonparticipating candidates in
34 covered elections and the votes received by each candidate in those
35 elections;
36 2. the amount of contributions and loans received, and expenditures
37 made, on behalf of participating and nonparticipating candidates;
38 3. the amount of public matching funds each participating candidate
39 received, spent, and repaid pursuant to this article;
40 4. analysis of the effect of this title on the election campaign for
41 the office of state comptroller and the utility of applying the program
42 to other campaigns for statewide elective office, including its effect
43 on the sources and amounts of private financing, the level of campaign
44 expenditures, voter participation, the number of candidates, the candi-
45 dates' abilities to campaign effectively for public office, and the
46 diversity of candidates seeking and elected to office;
47 5. recommendations for changes or amendments to this title, including
48 changes in contribution limits, thresholds for eligibility and limits on
49 total matching funds as well as instituting a program of full public
50 campaign financing for election for all statewide offices; and
51 6. any other information that the campaign finance board deems rele-
52 vant.
53 § 14-215. Debates. The campaign finance board shall promulgate regu-
54 lations to facilitate debates among participating candidates. Partic-
55 ipating candidates are required to participate in at least one debate
56 before the primary election and in at least one debate before the gener-
A. 8367--B 13
1 al election for which the candidate receives public funds, unless the
2 participating candidate is running unopposed. A nonparticipating candi-
3 date may be a party to such debates.
4 § 14-216. Distributions from campaign finance fund. 1. This section
5 governs the campaign finance board's distribution of funds from the
6 campaign finance fund created by section ninety-nine-u of the state
7 finance law, except as otherwise provided in this title.
8 2. No moneys shall be paid to participating candidates in a primary
9 election any earlier than two weeks after the last day to file designat-
10 ing petitions for such primary election.
11 3. No moneys shall be paid to participating candidates in a general
12 election any earlier than a week after the primary election held to
13 nominate candidates for such election.
14 4. No moneys shall be paid to any participating candidate who has been
15 disqualified by the campaign finance board or whose designating
16 petitions have been declared invalid by the state board of elections or
17 a court of competent jurisdiction until and unless such finding is
18 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 campaign finance
30 board unspent public campaign funds from an election not later than
31 thirty days after all liabilities for the election have been paid and,
32 in any event, not less than twenty days after the date upon which the
33 campaign finance board issues its final audit report for the participat-
34 ing candidate's committee; provided, however, that all unspent public
35 campaign funds for a participating candidate shall be immediately due
36 and payable to the campaign finance board upon its determination that
37 the participating candidate has, without just cause, delayed the post-e-
38 lection audit process. Unspent campaign funds determinations made by the
39 campaign finance board shall be based on the participating candidate
40 committee's receipts and expenditures. The campaign finance board may
41 also consider any other relevant information revealed in the course of
42 its audits or investigations or the investigations by any other agency.
43 (b) (i) A participating candidate may not use receipts for any purpose
44 other than disbursements in the preceding election until all unspent
45 public campaign funds have been repaid. A participating candidate shall
46 have the burden of demonstrating that a post-election expenditure is for
47 the preceding election.
48 (ii) Before repaying unspent public campaign funds, a participating
49 candidate may make post-election expenditures only for routine activ-
50 ities involving nominal costs associated with winding up a campaign and
51 responding to the post-election audit. Such expenditures may include:
52 payment of utility bills and rent; reasonable staff salaries and
53 consultant fees for responding to a post-election audit; reasonable
54 moving expenses related to closing a campaign office; a holiday card
55 mailing to contributors, campaign volunteers, and staff members; thank
56 you notes for contributors, campaign volunteers, and staff members;
A. 8367--B 14
1 payment of taxes and other reasonable expenses for compliance with
2 applicable tax laws; and interest expenses. Routine post-election
3 expenditures that may be paid for with unspent campaign funds do not
4 include such items as post-election mailings other than as specifically
5 provided for in this subparagraph; making contributions; making bonus
6 payments or gifts to staff members or volunteers, or holding any post-e-
7 lection day event, including, but not limited to, any meal or any party.
8 Unspent campaign funds may not be used for transition or inauguration
9 activities.
10 7. All monies received by the campaign finance board pursuant to this
11 section shall be deposited into the New York state campaign finance fund
12 pursuant to section ninety-nine-u of the state finance law.
13 § 4. The general business law is amended by adding a new section 359-
14 gg to read as follows:
15 § 359-gg. Additional surcharge. In addition to any penalty authorized
16 by section three hundred fifty-nine-g of this article or any damages or
17 other compensation recoverable including, but not limited to, any
18 settlement authorized by section sixty-three or sixty-three-c of the
19 executive law, there shall be assessed thereon an additional surcharge
20 in the amount of ten percent of the total amount of such penalty,
21 damages or settlement. Such surcharge shall be deposited in the New York
22 state campaign finance fund established by section ninety-nine-u of the
23 state finance law.
24 § 5. The state finance law is amended by adding a new section 99-u to
25 read as follows:
26 § 99-u. New York state campaign finance fund. 1. There is hereby
27 established in the custody of the commissioner of taxation and finance a
28 special fund to be known as the New York state campaign finance fund.
29 2. Such fund shall consist of all revenues received from the surcharge
30 imposed pursuant to section three hundred fifty-nine-gg of the general
31 business law, revenues received from campaign finance fund check-off
32 pursuant to section six hundred thirty-c of the tax law and all other
33 moneys credited or transferred thereto from any other fund or source
34 pursuant to law. Nothing contained in this section shall prevent the
35 state from receiving grants, gifts, bequests or voluntary contributions
36 for the purposes of the fund as defined in this section and depositing
37 them into the fund according to law. Monies in the fund shall be kept
38 separate from and not commingled with other funds held in the custody of
39 the commissioner of taxation and finance.
40 3. Moneys of the fund, following appropriation by the legislature, may
41 be expended for the purposes of making payments to candidates pursuant
42 to title two of article fourteen of the election law. Moneys shall be
43 paid out of the fund by the commissioner of taxation and finance on
44 vouchers certified or approved by the campaign finance board established
45 pursuant to title two of article fourteen of the election law, or the
46 duly designated representative of such board, in the manner prescribed
47 by law, not more than one working day after a voucher duly certified,
48 approved and executed by such board or its representative in the form
49 prescribed by the commissioner of taxation and finance is received by
50 the commissioner of taxation and finance.
51 4. Notwithstanding any provision of law to the contrary, if, in any
52 state fiscal year, the state campaign finance fund lacks the amount of
53 money to pay all claims vouchered by eligible candidates and certified
54 or approved by the campaign finance board, any such deficiency shall be
55 paid, upon audit and warrant of the state comptroller, from funds depos-
A. 8367--B 15
1 ited in the general fund of the state not more than one working day
2 after such voucher is received by the state comptroller.
3 5. Commencing in two thousand sixteen, if the surplus in the fund on
4 April first of the year after an election cycle exceeds twenty-five
5 percent of the disbursements from the fund over the previous four years,
6 the excess shall revert to the general fund of the state.
7 6. No public funds shall be paid to any participating candidates in a
8 primary election any earlier than the day that such candidate is certi-
9 fied as being on the ballot for such primary election.
10 7. No public funds shall be paid to any participating candidates in a
11 general election any earlier than the day after the day of the primary
12 election held to nominate candidates for such election.
13 8. No public funds shall be paid to any participating candidate who
14 has been disqualified or whose designating petitions have been declared
15 invalid by the appropriate board of elections or a court of competent
16 jurisdiction until and unless such finding is reversed by a higher
17 authority. No payment from the fund in the possession of such a candi-
18 date or such candidate's participating committee on the date of such
19 disqualification or invalidation may thereafter be expended for any
20 purpose except the payment of liabilities incurred before such date. All
21 such moneys shall be repaid to the fund.
22 § 6. The tax law is amended by adding a new section 630-c to read as
23 follows:
24 § 630-c. Contribution to New York state campaign finance fund. Effec-
25 tive for any taxable year commencing on or after January first, two-
26 thousand twelve, an individual in any taxable year may elect to contrib-
27 ute to the New York state campaign finance fund. Such contribution shall
28 be in the amount of five dollars and shall not reduce the amount of
29 state tax owed by such individual. The commissioner shall include space
30 on the personal income tax return to enable a taxpayer to make such
31 contribution. Notwithstanding any other provision of law, all revenues
32 collected pursuant to this section shall be credited to the New York
33 state campaign finance fund and used only for those purposes enumerated
34 in section ninety-nine-u of the state finance law.
35 § 7. Severability. If any clause, sentence, subdivision, paragraph,
36 section or part of this act be adjudged by any court of competent juris-
37 diction to be invalid, such judgment shall not affect, impair or invali-
38 date the remainder thereof, but shall be confined in its operation to
39 the clause, sentence, subdivision, paragraph, section or part thereof
40 directly involved in the controversy in which such judgment shall have
41 been rendered.
42 § 8. This act shall take effect January 1, 2013.
