Amd Art 14 Head, redes SS14-100 - 14-126, 14-127, 14-128 & 14-130 to be Title 1, add Title Head, Title II Art
14 SS14-200 - 14-216, El L; add S99-t, St Fin L
Enacts the comptroller campaign finance reform act, providing for public financing for campaigns for the office of state comptroller; establishes the campaign finance fund to accumulate moneys for such purpose.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8864
SPONSOR: Carrozza TITLE OF BILL: An act to amend the election law and the state finance
law, in relation to enacting the comptroller campaign finance reform act
to provide for public financing for campaigns for the office of the
state comptroller; and providing for the repeal of such provisions upon
expiration thereof
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) participating in
public debates; and (iv) strict monitoring and auditing of campaign
expenditures.
SUMMARY OF PROVISIONS:
Section 1 renames Article 14 of the Election Law as "Campaign Finance".
Section 2 establishes a new "Title 2" within Article 14 of the Election
Law, adding new sections 14-200 through 14-216, collectively known as
the "Comptroller Campaign Finance Reform Act of 2007":
* Section 14-200 provides for a short title;
* Section 14-201 contains legislative findings and intent;
* Section 14-202 defines those terms applicable to Title 2 and limits
their application to candidates for the nomination of, and for the
election to the Office of State Comptroller. Where applicable, all other
definitions of Article 14 also apply to such candidates;
* Section 14-203 imposes new reporting requirements, in addition to
those otherwise mandated by the Election Law, on all candidates for
Comptroller;
* Section 14-204 limits campaign contributions that may be accepted by
participants in the public campaign funding program but in all other
respects, contributions to such campaigns would be governed by Title I
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.
Once a candidate meets the threshold, then he or she is deemed eligible
to receive funds for all elections to State Comptroller for the year;
* Section 14-207 sets voluntary spending caps to which all participating
candidates must subscribe in order to receive matching public funds. The
section also provides for the method of distributing matching funds from
the Campaign Finance Fund;
* Section 14-208 sets the ratio of matching funds to be disbursed to
funds contributed. 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
to monitor and audit the program and enforce its provisions;
* Section 14-211 details required audits and the procedures for repay-
ment of matching funds;
* 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
on, among things, whether such program should be extended to other
campaigns for statewide elective office;
* Section 14-215 requires participating candidates to engage in at least
one debate before a primary election and two debates before the general
election; and
* Section 14-215 governs (along with newly enacted §99-p of the State
Finance Law) the distribution of funds from the Campaign Finance Fund.
Section 3 of the bill amends the State Finance Law to create a new §
99-p establishing the Campaign Finance Fund.
Section 4 of the bill contains a severability clause.
Section 5 of the bill sets an effective date of January 1, 2008, and a
sunset of June 30, 2011.
Justification:
The Comptroller Campaign Finance Reform Act of 2007 would enact a
comprehensive program to publicly finance candidates running for the
nomination of or election to the Office of State Comptroller. Publicly
financed campaign spending limits would be capped for the primary
election and general elections for State Comptroller in 2010 at the
following levels: $5 million per candidate for a primary election and
$7.5 million per candidate for the general election (defined collective-
ly as "covered elections").
Any qualified candidate, regardless of party affiliation, running in a
covered election could receive matching funds (and be "a participant")
if he or she: (1) agreed to accept a limit on campaign contributions,
spending caps and strict reporting requirements and monitoring; and (2)
collected $150,000 in contributions as small as $50 but no more than
$1000 from at least 50 voters in each senatorial district in the state.
Collecting "seed money" in such fashion would help demonstrate, before
public 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 and two debates before the general or
special election according to rules set by the Campaign Finance Board.
Rather than having the public foot the entire bill for each election,
the state (through a newly established Campaign Finance Fund) would
match $4 dollars for every $1 dollar contributed to a candidate for the
next primary and would match $6 dollars for every $1 dollar contributed
to a candidate for the general election. Candidates who seek matching
funds would be limited to accepting contributions of $10,000 per
contributor rather than the approximately $55,900 per contributor under
current law; however, only the first $2,500 of each contribution would
be matched. A participating candidate could contribute up to $30,000,
none of which would be eligible for matching funds. The definition of
who can contribute would depend on the law governing contributions in
Article 14 of the Election Law.
Candidates who do not participate in the program would not be bound by
the strictures of the program but would, nonetheless, be obligated to
file certain regular reports at various junctures of their campaigns
pursuant to the proposed amendments to the Election Law so that the
matching fund program could be effectively administered. If such a
nonparticipating candidate spent more than the spending limit in a
primary election, the Campaign Finance Fund would pay a higher match of
$5 dollars for every $1 dollar contributed up to two times the spending
cap. If the nonparticipating candidate exceeded the spending limit for a
general election, the Fund would increase the match to $7 for every $1
contributed up to two times the spending cap. If a nonparticipant spent
more than twice the spending limit, then participating candidates would
be able to raise funds in accordance with existing contribution limits.
The program and participating candidates would be monitored and contin-
uously audited by a new, independent 7-member Campaign Finance Board
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 non-governmental auditor through an
open, competitive process to monitor the fund's operation and candidate
compliance. The Board would report to the Governor, the Legislature and
the public on the functioning of the program early in 2011 to help
determine whether the program should be modified, terminated or expanded
to full financing for all statewide offices. The Board would also admin-
ister the Campaign Finance Fund.
There would be strict limits on how public funds could be spent. The
Board would have enforcement powers and a panoply of enforcement meas-
ures at its disposal to permit it to recover funds wrongfully or mistak-
enly 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 by law or
regulation.
Rationale for the Change:
The Comptroller is committed to reforming New York's campaign finance
system and bolstering public confidence in the democratic process.
Whether or not a system of large campaign contributions creates actual
unfair influence, the appearance and perception of such influence gives
rise to distrust in government and citizen apathy that could undermine
the democratic political process.
The high cost of running a campaign for statewide office in New York
discourages qualified candidates from running and inevitably forces
candidates to spend too much time raising money rather than attending to
official duties and concentrating on the issues that do concern and
should concern voters. Addressing such concerns in the context of the
election to the Office of State Comptroller is an appropriate place to
start in reforming New York's system of campaign finance; the Comp-
troller Campaign Finance Reform Act of 2007 is a first step.
By limiting campaign contributions to a level that is sufficient to
permit candidates to raise money to run an effective, statewide campaign
as the Act requires, the State's legitimate interest in reducing real
and perceived unjust influence on government is furthered. The Act's
program of voluntary expenditure caps combined with public financing and
a minimal threshold for participation in the program, furthers the
State's interest in encouraging qualified candidates to run for office
regardless of their access to substantial wealth thus increasing public
debate and participation in the democratic process. The Act's voluntary
spending caps would also ensure a level playing field for all candidates
who participate.
An independent entity to oversee this experiment in reform is necessary
to carry out the Act's mandates. The Act would create a Campaign Finance
Board to not only monitor the program and enforce its provisions but to
provide a detailed report on the operation of this pilot project to
enable the public, the Legislature and the Governor determine what, if
any, improvements should be made to it and whether this program should
lead to full public funding of campaigns for all statewide offices.
Thus, the Comptroller Campaign Finance Reform Act of 2007 if enacted,
will further all of these State interests which if strengthened, will
only make the election process more open, fair and ultimately more demo-
cratic.
The Comptroller urges approval of this legislation.
STATE OF NEW YORK
________________________________________________________________________
8864
2007-2008 Regular Sessions
IN ASSEMBLY
June 1, 2007
___________
Introduced by M. of A. CARROZZA -- (at request of the State Comptroller)
-- read once and referred to the Committee on Election Law
AN ACT to amend the election law and the state finance law, in relation
to enacting the comptroller campaign finance reform act to provide for
public financing for campaigns for the office of the state comp-
troller; and providing for the repeal of such provisions upon expira-
tion thereof
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, 14-102, 14-104, 14-106, 14-108, 14-110, 14-112,
5 14-114, 14-116, 14-118, 14-120, 14-122, 14-124, 14-126, 14-127, 14-128
6 and 14-130 of article 14 of the election law are designated title 1 and
7 a new title heading is added to read as follows:
8 CAMPAIGN RECEIPTS AND EXPENDITURES
9 § 3. Article 14 of the election law is amended by adding a new title
10 2 to read as follows:
11 TITLE II
12 COMPTROLLER CAMPAIGN FINANCE REFORM ACT
13 Section 14-200. Short title.
14 14-201. Declaration of legislative findings and intent.
15 14-202. Applicability and definitions.
16 14-203. Reporting requirements.
17 14-204. Contribution limitations.
18 14-205. Proof of compliance.
19 14-206. Eligibility.
20 14-207. Voluntary spending caps for participating candidates.
21 14-208. Payment of public matching funds.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13103-01-7
A. 8864 2
1 14-209. Use of public matching funds; qualified campaign expend-
2 itures.
3 14-210. Campaign finance fund board; general powers and duties.
4 14-211. Audits and repayments.
5 14-212. Civil enforcement.
6 14-213. Criminal penalties.
7 14-214. Reports.
8 14-215. Debates.
9 14-216. Distributions from campaign finance fund.
10 § 14-200. Short title. This title shall be known and may be cited as
11 the "comptroller campaign finance reform act".
12 § 14-201. Declaration of legislative findings and intent. The legisla-
13 ture is committed to reforming New York's campaign finance system and
14 bolstering public confidence in the democratic process. Whether or not a
15 system of large campaign contributions creates actual unfair influence,
16 the appearance and perception of such influence gives rise to distrust
17 in government and citizen apathy that could undermine the democratic
18 political process.
19 The legislature finds that the high cost of running a campaign for
20 statewide office in New York discourages qualified candidates from
21 running and inevitably forces candidates to spend too much time raising
22 money rather than attending to official duties and concentrating on the
23 issues that do concern and should concern voters. Addressing such
24 concerns in the context of the election to the office of state comp-
25 troller is an appropriate place to start in reforming New York's system
26 of campaign finance; the comptroller campaign finance reform act is a
27 first step.
28 Therefore, the legislature finds that limiting campaign contributions
29 to a level that is sufficient to permit candidates to raise money to run
30 an effective, statewide campaign as this title requires, furthers the
31 state's legitimate interest in reducing real and perceived unjust influ-
32 ence on government. This title's program of voluntary expenditure caps
33 combined with public financing and a minimal threshold for participation
34 in the program, furthers the state's interest in encouraging qualified
35 candidates to run for office regardless of their access to substantial
36 wealth, thus increasing public debate and participation in the democrat-
37 ic process. The legislature also believes that this title's voluntary
38 spending caps ensure a level playing field for all candidates who
39 participate.
40 Finally, the legislature finds that an independent entity to oversee
41 this experiment in reform is necessary to carry out this title's
42 mandates. This title creates a campaign finance fund board to not only
43 monitor the program and enforce its provisions but to provide a detailed
44 report on the operation of this pilot project to enable the public, the
45 legislature and the governor to determine what, if any, improvements
46 should be made to it and whether this program should lead to full public
47 funding of campaigns for all statewide offices.
48 Thus, the legislature enacts the comptroller campaign finance reform
49 act with the express purpose of furthering all of these state interests
50 which, if strengthened, will only make the election process more open
51 and fair and, ultimately, more democratic.
52 § 14-202. Applicability and definitions. This title shall apply exclu-
53 sively to campaign funding of candidates for the nomination for
54 election, and for election to, the office of state comptroller. For
55 purposes of this title, the following terms shall have the following
56 meanings:
A. 8864 3
1 1. "authorized committee" means the single committee designated by a
2 candidate pursuant to section 14-203 of this title to receive contrib-
3 utions and make expenditures in support of such candidate's campaign.
4 2. "board" or "campaign finance fund board" means the board created by
5 this title to administer the fund.
6 3. "candidate" means any candidate for nomination for election, or for
7 election to, the office of state comptroller whether such candidate is a
8 "participating candidate" or "nonparticipating candidate" as defined in
9 this section.
10 4. "contribution" shall have the same meaning as in subdivision nine
11 of section 14-100 of this article.
12 5. "contributor" means anyone that makes a contribution, as defined in
13 title one of this article.
14 6. "covered election" means any primary election for nomination, or
15 general election for election, to the office of state comptroller.
16 7. "election cycle" means the four-year period starting after the day
17 after the last general election for candidates for statewide office.
18 8. "electioneering communication" means any communication broadcast by
19 television or radio, telecast by cable or satellite, printed in a news-
20 paper, magazine, appearing on an internet website, other periodical
21 publication, or on a billboard, directly mailed or delivered by hand to
22 personal residences, or otherwise distributed that:
23 (a) unambiguously refers to any candidate; and
24 (b) is broadcast, telecast, printed, mailed, delivered, or distributed
25 within ninety days before a primary election or sixty days before a
26 general election to an audience that includes at least five thousand
27 voters.
28 The term "electioneering communication" does not include: any news
29 story, commentary, or editorial by a broadcasting station, cable
30 station, satellite station, newspaper, magazine, appearing on an inter-
31 net website, or other periodical publication unless the facility is
32 owned or controlled by a candidate, party committee, or political
33 committee; or a communication printed or published on the internet,
34 unless the communication is a paid advertisement.
35 9. "expenditure" means any gift, subscription, advance, payment, or
36 deposit of money or anything of value, or a contract to make any gift,
37 subscription, payment, or deposit of money or anything of value, made in
38 connection with the nomination for election, or election, of any candi-
39 date. Expenditures made by contract are deemed made when such funds are
40 obligated.
41 10. "fund" means the campaign finance fund created by section ninety-
42 nine-t of the state finance law.
43 11. "high spending nonparticipating candidate" means such nonpartic-
44 ipating candidate who incurs expenditures in amounts triggering an
45 increase in matching contributions and adjustments to spending limits as
46 provided for in subdivision five of section 14-208 of this title.
47 12. "immediate family" means a spouse, domestic partner, child,
48 sibling or parent.
49 13. "independent expenditure" means an expenditure made for: (a) a
50 communication expressly advocating for or against the election or defeat
51 of a clearly identified candidate, or (b) an electioneering communi-
52 cation, when the expenditure is not coordinated with a candidate, the
53 candidate's authorized committee, a political party, and the agent of
54 any of the foregoing. A determination that an expenditure is coordinated
55 does not require a finding of formal collaboration, agreement, mutual
56 understanding, or meeting of the minds between the individual or entity
A. 8864 4
1 making the expenditure and the candidate, the candidate's authorized
2 committee, a political party, or the agent of any of the foregoing.
3 The term "independent expenditure" does not include: (i) any expendi-
4 ture for one or more communications, including electioneering communi-
5 cations, which is made by an individual or entity other than a candidate
6 or the candidate's authorized committee:
7 (1) at the request or suggestion of the candidate, the candidate's
8 authorized committee, a political party, or the agent of any of the
9 foregoing;
10 (2) with the assent of the candidate, the candidate's authorized
11 committee, a political party, or the agent of any of the foregoing;
12 (3) with the material involvement of the candidate, the candidate's
13 authorized committee, a political party, or the agent of any of the
14 foregoing in decisions about the communication's content, intended audi-
15 ence, means or mode of dissemination, media outlet for dissemination,
16 size, prominence, timing, frequency, or duration;
17 (4) using a commercial vendor who makes use of material information
18 acquired from a candidate or party during the prior or current election
19 cycle; or
20 (5) when the expenditure is made by a consultant, fundraiser, or
21 current or former employee (or the current employer of a former employ-
22 ee) of a candidate, the candidate's authorized committee, or a political
23 party, who makes use of material information acquired from the candidate
24 or the candidate's authorized committee;
25 (ii) the costs of internal communication by members to other members
26 of a membership organization, for the purpose of supporting or opposing
27 a candidate or candidates for elective office, provided such payments
28 are not used for the costs of campaign material or communications used
29 in connection with broadcasting, telecasting, newspaper, magazine,
30 appearing on an internet website, or other periodical publication, bill-
31 board, or similar types of general public communications; or
32 (iii) any news story, commentary, or editorial by a broadcasting
33 station, cable station, satellite station, newspaper, magazine, appear-
34 ing on an internet website, or other periodical publication, unless the
35 facility is owned or controlled by a candidate, the candidate's immedi-
36 ate family, party committee, or political committee.
37 14. "item with significant value" means any item, including any item
38 valued at twenty-five dollars or more.
39 15. "legislative leader" means any of the following: the temporary
40 president of the senate; the speaker of the assembly; the minority lead-
41 er of the senate; or the minority leader of the assembly.
42 16. "matchable contribution" means a contribution, contributions or a
43 portion of a contribution or contributions for any covered election held
44 in the same election cycle, made to a participating candidate that has
45 been reported in full to the state board of elections in accordance with
46 sections 14-102 and 14-104 of this article by the candidate's authorized
47 committee and has been contributed on or before the date of the applica-
48 ble primary or general election. Any contribution, contributions, or a
49 portion of a contribution determined to be invalid for matching funds by
50 the board may not be treated as a matchable contribution for any
51 purpose. In addition, the following contributions are not matchable: (a)
52 loans; (b) in-kind contributions of property, goods, or services; (c)
53 contributions in the form of the purchase price paid for an item with
54 significant value; (d) anonymous contributions or contributions whose
55 source is not itemized as required by section 14-203 of this title; (e)
56 contributions gathered during a previous election cycle; (f) illegal
A. 8864 5
1 contributions; and (g) contributions from individuals under the age of
2 eighteen years.
3 17. "nonparticipating candidate" shall mean a candidate for the office
4 of state comptroller for a covered election who fails to file a written
5 certification in the form of an affidavit pursuant to section 14-206 of
6 this title.
7 18. "opposing funds" shall mean funds spent opposing a campaign of a
8 participating candidate or supporting a nonparticipating opponent of a
9 participating candidate during a covered election. Opposing funds shall
10 be calculated by first determining the nonparticipating opponent of the
11 participating candidate who has the highest total of (a) either total
12 contributions received or total expenditures made; and (b) independent
13 expenditures supportive of such nonparticipating candidate. The amount
14 of opposing funds shall then be calculated by totaling: (i) the higher
15 of the total contributions received, or total expenditures made, by that
16 opponent; (ii) the amount spent on independent expenditures in support
17 of that nonparticipating opponent; and, (iii) the amount spent on inde-
18 pendent expenditures in opposition to the participating candidate. Any
19 opposing funds spent or obligated shall be considered to have been spent
20 or obligated for the election that is upcoming and most proximate in
21 time. In the case of a multiple candidate race where there is one
22 nonparticipating candidate and two or more participating candidates,
23 opposing funds shall be calculated in the same way as described in this
24 subdivision so that spending in support of the nonparticipating candi-
25 date shall be considered as part of opposing funds for each individual
26 participating candidate and shall not be prorated among the participat-
27 ing candidates.
28 19. "participating candidate" shall mean any candidate for nomination
29 for election, or election, to the office of state comptroller who files
30 a written certification in the form of an affidavit pursuant to section
31 14-206 of this title.
32 20. "qualified campaign expenditure" shall mean an expenditure for
33 which public matching funds may be used.
34 21. "threshold for eligibility" shall mean the amount of matchable
35 contributions that a candidate's authorized committee must receive in
36 total in order for such candidate to qualify for voluntary public
37 financing under this article.
38 22. "transfer" shall mean any exchange of funds between a party or
39 constituted committee and a candidate's authorized political committee.
40 § 14-203. Reporting requirements. 1. Every candidate shall have no
41 more than one authorized committee. Before receiving any contribution or
42 making any expenditure for a covered election, each candidate shall
43 notify the state board of elections and the board as to the existence of
44 his or her authorized committee that has been approved by such candi-
45 date. Each such authorized committee shall, before opening a committee
46 bank account, receiving any contribution or making any expenditure for a
47 covered election: (a) designate a treasurer; and (b) obtain a tax iden-
48 tification number from the internal revenue service.
49 2. Disclosure. (a) In addition to the requirements imposed upon each
50 candidate and political committee to report contributions and loans
51 pursuant to title one of this article, each candidate and political
52 committee shall also submit reports on March fifteenth and July
53 fifteenth of each election year to the state board of elections of every
54 contribution and loan received and every expenditure made.
55 (b) Every nonparticipating candidate must file electronically an affi-
56 davit with the board within forty-eight hours of spending or becoming
A. 8864 6
1 obligated to incur expenses equal to fifty percent of the applicable
2 spending cap and at such times, thereafter, as expenses equal sixty
3 percent, seventy percent, eighty percent, ninety percent and one hundred
4 percent of the spending caps for participating candidates established
5 pursuant to section 14-207 of this title. Upon receipt of each such
6 affidavit, the board shall notify all opposing candidates that his or
7 her opponent has filed such an affidavit. The board shall prepare and
8 post such forms as may be necessary on its website.
9 (c) Any person, political committee, corporation, organization or
10 other entity that makes one or more independent expenditures with
11 respect to a covered election that is in an aggregate amount greater
12 than five thousand dollars during an election year shall file an inde-
13 pendent expenditure statement with the board. In addition, any person,
14 political committee, corporation, organization or other entity that
15 makes an independent expenditure within sixty days of any covered
16 election, must file electronically within forty-eight hours of incurring
17 such expenditure a report with the board of all such independent expend-
18 itures exceeding five thousand dollars. Each report shall state whether
19 the independent expenditure supported or opposed a candidate and which
20 candidate or candidates was supported or opposed. The board shall
21 prepare and post such forms on its website.
22 (d) The board shall review each disclosure report filed with the state
23 board of elections and shall inform candidates and political committees
24 of relevant questions the board has concerning: (i) compliance with
25 requirements of this title and of the rules issued by the board; and
26 (ii) qualification for receiving public matching funds pursuant to this
27 title. In the course of such review, the board shall give candidates and
28 political committees an opportunity to respond to and correct potential
29 violations and give candidates an opportunity to address questions the
30 board has concerning their matchable contribution claims or other issues
31 concerning eligibility for receiving public matching funds pursuant to
32 this title. Nothing in this paragraph shall preclude the board from
33 subsequently reviewing such a disclosure report and taking any action
34 otherwise authorized by this title.
35 (e) Only itemized contributions contained in reports filed with the
36 state board of elections shall be eligible for matching funds pursuant
37 to this title.
38 (f) Participating candidates may file reports of contributions as
39 frequently as once a week on Fridays.
40 § 14-204. Contribution limitations. 1. A participating candidate and
41 his or her authorized committee shall not accept, either directly or
42 indirectly:
43 (a) any contribution from a political committee that has not regis-
44 tered with the state board of elections;
45 (b) total contributions from any one contributor or statewide party
46 committee that exceed ten thousand dollars per election cycle; or
47 (c) total transfers from any one party or constituted committee that
48 exceed ten thousand dollars per election cycle provided that each
49 authorized political committee maintains separate funds and separate
50 accounts and that such transfers shall be subject to the following
51 limits:
52 (i) each party or constituted committee may make transfers valued at
53 no more than ten thousand dollars per election cycle to a candidate in
54 an election; and
55 (ii) any person with more than one authorized political committee
56 operating simultaneously for his or her election to two or more poli-
A. 8864 7
1 tical offices may not transfer funds between or among such authorized
2 political committees.
3 2. Notwithstanding any other contribution limit specified in this
4 section, participating candidates may give, out of their own money,
5 three times the applicable contribution limit to their own campaigns,
6 provided that none of the money so contributed shall qualify for match-
7 ing funds, but shall qualify towards satisfying the spending limits
8 established by section 14-207 of this title.
9 3. All monetary contributions and all public matching funds accepted
10 by a candidate's authorized committee shall be deposited into an account
11 with a bank licensed by the New York state department of banking held in
12 the name of the authorized political committee within ten business days
13 of receipt. Each authorized committee shall have no more than one check-
14 ing account.
15 4. Contributions to candidates in covered elections shall, in all
16 other respects, be subject to the limitations and provisions of title
17 one of this article.
18 § 14-205. Proof of compliance. Candidates and political committees
19 shall maintain such records of receipts and expenditures for a covered
20 election as may be required by the board. Candidates and political
21 committees shall obtain and furnish to the board any information it may
22 request relating to financial transactions or contributions and furnish
23 such documentation and other proof of compliance with this title as may
24 be requested by the board. Candidates and political committees shall
25 maintain copies of such records for a period of five years following the
26 general election.
27 § 14-206. Eligibility. 1. To be eligible for public financing pursuant
28 to this title, a candidate must: (a) be a candidate in a covered
29 election; (b) satisfy all the requirements of law to have his or her
30 name on the ballot; (c) in the case of a covered general election, be
31 opposed by another candidate on the ballot who is not a write-in candi-
32 date; (d) submit a certification in the form of an affidavit, in such
33 form as may be prescribed by the board, that sets forth his or her
34 agreement to comply with the terms and conditions for the provision of
35 such funds in each covered election which shall be filed with the board
36 by June first directly before the election; (e) be certified as a
37 participating candidate by the board; (f) not make, and not have made,
38 expenditures from, or use, his or her personal funds or property or
39 personal funds or property jointly held with his or her spouse, domestic
40 partner, or child in connection with his or her nomination for election
41 or election to a covered office except as a contribution to his or her
42 authorized committee in an amount that exceeds three times the applica-
43 ble contribution limit from an individual contributor to candidates for
44 the office that he or she is seeking; (g) not make, and not have made,
45 and his or her authorized committee must not make, and not have made,
46 expenditures that in the aggregate exceed the applicable spending limit
47 as provided in this title; (h) meet the threshold for eligibility set
48 forth in subdivision two of this section; and (i) abide by the require-
49 ments set forth in this title and chapter during the post-election peri-
50 od.
51 2. (a) The threshold for eligibility for public funding for partic-
52 ipating candidates shall be the receipt of contributions totaling one
53 hundred fifty thousand dollars in matchable contributions in single
54 amounts of no less than fifty dollars and no more than one thousand
55 dollars, including at least fifty matchable contributions from natural
56 persons registered to vote in each senate district of the state.
A. 8864 8
1 (b) Any participating candidate meeting the threshold for eligibility
2 in a primary election shall be deemed to have met the threshold for
3 eligibility for such office in any other election held in the same
4 election cycle.
5 § 14-207. Voluntary spending caps for participating candidates. 1.
6 Participating candidates may spend no more than five million dollars for
7 the primary election. Expenditures made before or on the date of a
8 primary election shall be deemed to have been made for such primary
9 election.
10 2. Participating candidates may spend no more than seven million five
11 hundred thousand dollars in a general election campaign.
12 3. Expenditures made for the purpose of complying with this title or
13 chapter, including legal fees, accounting fees, the cost of record
14 creation and retention, and other necessary compliance expenditures, and
15 expenses to challenge or defend the validity of petitions of designation
16 or nomination or certificates of nomination, acceptance, authorization,
17 declination or substitution, and expenses related to the canvassing of
18 election results, shall not be limited by the spending limits of this
19 section. The burden is on the candidate to substantiate exempt expendi-
20 tures. The board shall promulgate rules to implement this section.
21 4. If a participating candidate is opposed by a high spending nonpar-
22 ticipating opponent, then subdivision five of section 14-208 of this
23 title shall govern spending limits.
24 5. If the board determines that there are inadequate funds to fully
25 fund each participating candidate in an amount equal to the spending cap
26 provided by this section, then each such participating candidate who
27 accepts matching funds as may be distributed, may seek additional
28 contributions in accordance with the provisions of this article up to
29 the spending cap established by this section. If the board distributes
30 no matching funds, then each participating candidate shall not be bound
31 by the limitations of this title.
32 § 14-208. Payment of public matching funds. 1. No public matching
33 funds shall be paid to an authorized committee unless the board deter-
34 mines that the participating candidate has qualified pursuant to this
35 title. Payment shall not exceed the amounts specified in this section
36 and may be made only to the participating candidate's authorized commit-
37 tee. No public matching funds shall be used except to reimburse or pay
38 for qualified campaign expenditures actually and lawfully incurred or to
39 repay loans used to pay qualified campaign expenditures.
40 2. If the threshold for eligibility is met, the participating candi-
41 date's authorized committee shall receive payment for qualified campaign
42 expenditures of four dollars of public matching funds for each one
43 dollar of matchable contributions for a primary election and six dollars
44 of public matching funds for each one dollar of matchable contributions,
45 for the first two thousand five hundred dollars of each matchable
46 contribution received and reported to the board.
47 3. The board shall make all payments of public matching funds to
48 participating candidates as soon as is practicable. The board shall
49 verify eligibility for public matching funds within four days of
50 receiving a campaign contribution report filed with the state board of
51 elections in compliance with this article. Immediately upon determining
52 that a candidate is eligible for public matching funds, the board shall
53 submit a duly approved, certified and executed voucher to the office of
54 the state comptroller requesting payment of such matching funds and
55 payment thereof shall be made not less than two days after such voucher
56 is received by the office of the state comptroller. However, the board
A. 8864 9
1 shall not make any payments of public money earlier than the earliest
2 dates for making such payments as provided in this title. If any of the
3 time limits in this title for payment fall on a weekend or holiday,
4 payment shall be made on the next business day.
5 4. The board shall promulgate rules to facilitate electronic fund
6 transfers directly from the fund into an authorized committee's bank
7 account.
8 5. Notwithstanding any other provision of law to the contrary, if the
9 board has determined that opposing funds of a candidate for a covered
10 election:
11 (a) exceed one hundred percent of the applicable spending cap estab-
12 lished by section 14-207 of this title, the authorized committee of each
13 participating candidate shall receive payment for qualified campaign
14 expenditures for such election in excess of the spending limit of (i)
15 five dollars for every one dollar of each matchable contribution
16 received for a primary election for the first two thousand five hundred
17 dollars of each such contribution; (ii) seven dollars for every one
18 dollar of each matchable contribution in public matching funds per
19 contributor for a general election for the first two thousand five
20 hundred dollars of each such contribution; and (iii) such participating
21 candidate shall no longer be bound by the applicable spending caps
22 established by section 14-207 of this title, but rather shall be bound
23 by a spending limit equal to the opposing funds up to two hundred
24 percent of the applicable spending limits set forth in section 14-207 of
25 this title; or
26 (b) exceed two hundred percent of the applicable spending caps estab-
27 lished by section 14-207 of this title, the authorized committee of that
28 participating candidate shall no longer be bound by such caps.
29 § 14-209. Use of public matching funds; qualified campaign expendi-
30 tures. 1. Public matching funds provided under the provisions of this
31 title may be used only by an authorized committee for expenditures to
32 further the participating candidate's nomination for election, or
33 election, including paying for debts incurred within one year before an
34 election to further the participating candidate's nomination for
35 election or election.
36 2. Such public matching funds may not be used for: (a) an expenditure
37 that violates any law or regulation; (b) an expenditure in excess of the
38 fair market value of services, materials, facilities or other item of
39 significant value received in exchange; (c) an expenditure made after
40 the candidate has been finally disqualified from the ballot; (d) an
41 expenditure for an obligation incurred after the only remaining opponent
42 of the candidate has been finally disqualified from the ballot; (e) an
43 expenditure made by cash payment; (f) a contribution or loan made to
44 another candidate or political committee; (g) an independent expenditure
45 to support or oppose another candidate or political committee; (h)
46 gifts, except brochures, buttons, signs and other printed campaign mate-
47 rial; (i) legal fees to defend against a criminal charge; or (j) a
48 payment to an immediate family member of the participating candidate.
49 § 14-210. Campaign finance fund board; general powers and duties. 1.
50 There shall be a board known as the "campaign finance fund board"
51 composed of seven members of which one member shall be appointed by the
52 governor, one member shall be appointed by each legislative leader and
53 two members shall be appointed by the governor upon consultation with
54 the legislative leaders. Such two members shall not hold elective office
55 and shall be representative of non-partisan, citizens' groups and of
56 such two members, the governor shall designate one to be the chair. The
A. 8864 10
1 chair shall be responsible for managing the board. The members shall
2 each serve until June thirtieth, two thousand eleven, provided that
3 their terms of office shall be deemed extended, as necessary, to enforce
4 any of the provisions of this title.
5 2. Each member's term shall commence on June first, two thousand
6 eight. In case of a vacancy in the office of a member, a member shall be
7 appointed to serve for the remainder of the unexpired term by the gover-
8 nor or legislative leader, according to the original manner of appoint-
9 ment. Each member shall be a resident of the state of New York and
10 registered to vote therein. Each member shall agree not to make and
11 shall not make contributions to any candidate or authorized committee
12 for nomination for election or for election to the office of state comp-
13 troller. No member shall serve as an officer of a political party or
14 committee or be a candidate or participate in any capacity in a campaign
15 by a candidate for nomination for election, or for election to the
16 office of state comptroller. An officer or employee of the state or any
17 state agency shall not be eligible to be a member of the board.
18 3. The members of the board shall be compensated at the rate of three
19 hundred dollars per day when performing the work of the board and shall
20 receive payment for actual and necessary expenses.
21 4. The board may employ such staff as may be necessary, including an
22 executive director and a counsel, and make necessary expenditures
23 subject to appropriation. Such staff may also include such counsel,
24 accountants and other employees as may be necessary to provide technical
25 assistance to candidates and prospective candidates in covered
26 elections, for the purpose of promoting understanding of and compliance
27 with the requirements of the provisions of this title. The board shall
28 retain an independent auditor to perform ongoing audits of each covered
29 election by contract entered into pursuant to section one hundred
30 sixty-three of the state finance law.
31 5. A member of the board may be removed for cause by the appointing
32 authority upon notice and an opportunity for a hearing.
33 6. In addition to the enforcement powers, and any other powers and
34 duties specified by law, the board shall:
35 (a) (i) render advisory opinions with respect to questions arising
36 under this title upon the written request of a candidate, an officer of
37 a political committee or member of the public, or upon its own initi-
38 ative; (ii) promulgate rules regarding reasonable times to respond to
39 such requests; and (iii) shall make public the questions of interpreta-
40 tion for which advisory opinions will be considered by the board and its
41 advisory opinions, including by publication on its website;
42 (b) develop a program for informing candidates and the public as to
43 the purpose and effect of the provisions of this title, including by
44 means of a website. The board shall prepare and make available educa-
45 tional materials, including compliance manuals and summaries and expla-
46 nations of the purposes and provisions of this title in plain language
47 and prepare or have prepared and make available materials, including, to
48 the extent feasible, computer software, to facilitate the task of
49 compliance with the disclosure and recordkeeping requirements of this
50 title;
51 (c) have the authority to promulgate such rules and regulations and
52 prescribe such forms as the board deems necessary for the administration
53 of this title; and
54 (d) develop an interactive, searchable computer database that shall
55 contain all information necessary for the proper administration of this
56 title including information on contributions to and expenditures by
A. 8864 11
1 candidates and their authorized committees, independent expenditures in
2 support or opposition of candidates for covered offices, and distrib-
3 utions of moneys from the fund and shall be accessible to the public on
4 the board's website.
5 7. The state board of elections shall establish and operate an elec-
6 tronic system for the timely transfer of information to the board within
7 one year of the effective date of this title. The board shall also share
8 all data and information received in its administration of this title
9 with the state board of elections on a timely basis.
10 8. Consistent with the provisions of the civil service law and subdi-
11 vision seventeen of section seventy-three of the public officers law and
12 notwithstanding the provisions of any other law to the contrary, all
13 positions on the staff of the board shall be classified in the exempt
14 class of the civil service and such positions shall be filled, to the
15 extent possible, with an equal number of persons from each of the two
16 political parties for which the highest and the next highest number of
17 votes were cast for the office of state comptroller at the last preced-
18 ing general election for such office.
19 9. The board's administration of the fund shall be governed by the
20 provisions of this title and section ninety-nine-t of the state finance
21 law.
22 10. The board and its proceedings shall be governed by the state
23 administrative procedure act and subject to articles six and seven of
24 the public officers law.
25 11. The board may take such other actions as are necessary and proper
26 to carry out the purposes of this title.
27 § 14-211. Audits and repayments. 1. The board is hereby empowered to
28 audit and examine all matters relating to the performance of its func-
29 tions and any other matter relating to the administration of this title.
30 Such audits shall be conducted as frequently as the board deems neces-
31 sary to ensure compliance with this title. Every candidate who receives
32 public funds under this title shall also be audited by the board. The
33 cost of complying with a post-election audit shall be borne by the
34 candidate's authorized committee. A candidate who has received public
35 funds under this title must maintain a reserve of at least one percent
36 of his or her spending limit as defined by section 14-207 of this title
37 in his or her campaign account to comply with the post-election audit. A
38 candidate who runs in both a primary and a general election, must main-
39 tain a reserve of one percent of both his or her primary and general
40 election spending limits as defined by section 14-207 of this title. A
41 candidate may use public funds, private funds or a combination of public
42 and private funds to comply with a post-election audit. The board shall
43 issue to each campaign audited a final audit report that details its
44 findings and shall provide such audit to the governor and legislative
45 leaders and make such audit report available on the board's website.
46 2. If the board determines that any portion of a payment made to a
47 candidate's authorized committee from the fund exceeded the amount that
48 such candidate was eligible to receive pursuant to this title, the board
49 shall notify such committee and such committee shall pay to the board an
50 amount equal to the amount of the excess payment; provided, however,
51 that if the erroneous payment was due to an error made by the board,
52 then the erroneous payment will be offset against any future payment, if
53 any. The candidate and the candidate's authorized committee shall be
54 jointly and severally liable for any repayments due to the board.
55 3. If the board determines that any portion of a payment made to a
56 candidate's authorized committee from the fund was used for purposes
A. 8864 12
1 other than qualified campaign expenditures, the board shall notify such
2 committee of the amount so disqualified and such committee shall pay to
3 the board an amount equal to such disqualified amount. The candidate and
4 the candidate's authorized committee shall be jointly and severally
5 liable for any repayments due to the board.
6 4. If the total of contributions, other receipts, and payments from
7 the fund received by a participating candidate and his or her authorized
8 committee exceeds the total campaign expenditures of such candidate and
9 committee for all covered elections held in the same calendar year, such
10 candidate and committee shall use such excess funds to reimburse the
11 fund for payments received by such committee from the fund during such
12 calendar year. A participating candidate shall pay to the board unspent
13 public campaign funds for for an election not later than thirty days
14 after all liabilities for the election campaign have been paid and in
15 any event, not later than twenty days after the date on which the board
16 issues its final audit report for the participating candidate's commit-
17 tee; provided, however, that all unspent public campaign funds for a
18 participating candidate shall be immediately due and payable to the
19 board upon its determination that the participant willfully delayed the
20 post-election audit process. A participating candidate may make post-e-
21 lection expenditures only for routine activities involving nominal costs
22 associated with winding up a campaign and responding to the post-elec-
23 tion audit. For accounting purposes, all private and personal contrib-
24 utions shall be considered spent before revenue from the fund is spent
25 or committed.
26 § 14-212. Civil enforcement. 1. Any person or authorized committee who
27 fails to make a filing required by the provisions of this title shall be
28 subject to a civil penalty, not in excess of five thousand dollars, to
29 be recoverable in a special proceeding or civil action to be brought by
30 the board.
31 2. Any other knowing and willful violation of any other provision of
32 this title or rule promulgated hereunder shall subject such violator to
33 a civil penalty in an amount not in excess of ten thousand dollars,
34 which may be recovered in a special proceeding brought by the board.
35 3. If the aggregate amount of expenditures by a participating candi-
36 date and such candidate's authorized committee exceed the spending cap
37 established by section 14-207 of this title and such participating
38 candidate or such candidate's authorized committee was not authorized to
39 exceed such limits pursuant to subdivision five of section 14-208 of
40 this title, such candidate and authorized committee shall be subject to
41 a civil penalty in an amount not to exceed three times the sum by which
42 such expenditures exceed the applicable spending limit.
43 4. The board shall publish on its website the final order adjudicating
44 any matter brought pursuant to this section.
45 § 14-213. Criminal penalties. 1. Anyone that knowingly and willfully
46 fails to make a filing required by the provisions of this title within
47 ten days after the date provided for such, or anyone that knowingly and
48 willfully violates any other provision of this title shall be guilty of
49 a misdemeanor and, in addition to such other penalties as may be
50 provided by law, shall be subject to a fine of not more than ten thou-
51 sand dollars.
52 2. Anyone that knowingly and willfully contributes, accepts or aids or
53 participates in the acceptance of a contribution in an amount exceeding
54 an applicable maximum specified in this article shall be guilty of a
55 misdemeanor and, in addition to such other penalties as the law may
A. 8864 13
1 provide, shall be subject to a fine of not more than ten thousand
2 dollars.
3 3. Anyone that knowingly and willfully submits a false statement to
4 the board or an auditor designated by the board during any audit
5 conducted pursuant to section 14-211 of this title shall be guilty of a
6 felony.
7 4. Anyone that knowingly and willfully furnishes any false information
8 to the board, or knowingly includes in any submission to the board a
9 misrepresentation of a material fact, or falsifies or conceals any
10 information relevant to any audit conducted by the board shall be guilty
11 of a felony.
12 5. In any criminal prosecution commenced pursuant to the provisions of
13 this section, the court may order a defendant to repay to the board any
14 public matching funds obtained as a result of any criminal conduct. All
15 such prosecutions for criminal acts under this article shall be prose-
16 cuted by the attorney general and shall be without prejudice to the
17 prosecution of such alleged violator for any other wrongful or illegal
18 acts under any other law or regulation or the commencement of any other
19 special proceeding or civil action against such violator.
20 § 14-214. Reports. The board shall submit a report to the governor and
21 legislative leaders on or before February first, two thousand eleven,
22 which shall include:
23 1. a list of the participating and nonparticipating candidates in
24 covered elections and the votes received by each candidate in those
25 elections;
26 2. the amount of contributions and loans received, and expenditures
27 made, on behalf of participating and nonparticipating candidates;
28 3. the amount of public matching funds each participating candidate
29 received, spent, and repaid pursuant to this article;
30 4. analysis of the effect of this title on the election campaign for
31 the office of state comptroller and the utility of applying the program
32 to other campaigns for statewide elective office, including its effect
33 on the sources and amounts of private financing, the level of campaign
34 expenditures, voter participation, the number of candidates, the candi-
35 dates' abilities to campaign effectively for public office, and the
36 diversity of candidates seeking and elected to office;
37 5. recommendations for changes or amendments to this title, including
38 changes in contribution limits, thresholds for eligibility and spending
39 caps as well as instituting a program of full public campaign financing
40 for election for all statewide offices; and
41 6. any other information that the board deems relevant.
42 § 14-215. Debates. The board shall promulgate regulations to facili-
43 tate debates among participating candidates. Participating candidates
44 are required to participate in at least one debate before the primary
45 election and in at least two debates before the general election for
46 which the candidate receives public funds, unless the participating
47 candidate is running unopposed. A nonparticipating candidate may be a
48 party to such debates.
49 § 14-216. Distributions from campaign finance fund. 1. This section
50 governs the board's distribution of funds from the campaign finance fund
51 created by section ninety-nine-t of the state finance law except as
52 otherwise provided in this title.
53 2. Before the first distribution of public matching funds to partic-
54 ipating candidates in any election, the board shall determine whether
55 the moneys in the fund are sufficient to provide all participating
56 candidates the amounts they may receive pursuant to this title for all
A. 8864 14
1 covered elections to be held during the calendar year for which such
2 determination is made. Such determination shall be provided to the comp-
3 troller and director of the budget and published on the board's website,
4 together with information supporting such determination.
5 3. If the fund has between fifty percent and one hundred percent of
6 the amount of money required to pay all funds certified by the board as
7 due to eligible candidates, the board shall pay participating candidates
8 their pro rata share of the amounts owed. If the fund has less than
9 fifty percent of the amount of money required to pay all funds certified
10 by the board as due to participating candidates, the board shall not
11 fund any candidate.
12 4. Any participating candidate who receives a lesser amount of money
13 because all public funds have been expended, shall not have any claim
14 against the state for additional funds nor shall such candidate be
15 otherwise barred from seeking contributions pursuant to title one of
16 this article.
17 5. No moneys shall be paid to participating candidates in a primary
18 election any earlier than two weeks after the last day to file designat-
19 ing petitions for such primary election.
20 6. No moneys shall be paid to participating candidates in a general
21 election any earlier than a week after the primary election held to
22 nominate candidates for such election.
23 7. No moneys shall be paid to any participating candidate who has been
24 disqualified by the board or whose designating petitions have been
25 declared invalid by the state board of elections or a court of competent
26 jurisdiction until and unless such finding is reversed by an appellate
27 court.
28 8. No payment from the fund in the possession of such a candidate or
29 such a candidate's authorized committee on the date of such disquali-
30 fication or invalidation may thereafter be expended for any purpose
31 except the payment of liabilities incurred before that date. All excess
32 public moneys paid to a disqualified candidate shall be returned to the
33 fund not less than thirty days after the general election for those
34 participating candidates who received public moneys for the general
35 election, and otherwise, not less than thirty days after the primary
36 election for those participating candidates who received public moneys
37 solely for the primary election.
38 9. (a) Participating candidates shall pay to the board unspent public
39 campaign funds from an election not later than thirty days after all
40 liabilities for the election have been paid and, in any event, not less
41 than twenty days after the date upon which the board issues its final
42 audit report for the participating candidate's committee; provided,
43 however, that all unspent public campaign funds for a participating
44 candidate shall be immediately due and payable to the board upon its
45 determination that the participating candidate has, without just cause,
46 delayed the post-election audit process. Unspent campaign funds determi-
47 nations made by the board shall be based on the participating candidate
48 committee's receipts and expenditures. The board may also consider any
49 other relevant information revealed in the course of its audits or
50 investigations or the investigations by any other agency.
51 (b) (i) A participating candidate may not use receipts for any purpose
52 other than disbursements in the preceding election until all unspent
53 campaign funds have been repaid. A participating candidate shall have
54 the burden of demonstrating that a post-election expenditure is for the
55 preceding election.
A. 8864 15
1 (ii) Before repaying unspent public campaign funds, a participating
2 candidate may make post-election expenditures only for routine activ-
3 ities involving nominal costs associated with winding up a campaign and
4 responding to the post-election audit. Such expenditures may include:
5 payment of utility bills and rent; reasonable staff salaries and
6 consultant fees for responding to a post-election audit; reasonable
7 moving expenses related to closing a campaign office; a holiday card
8 mailing to contributors, campaign volunteers, and staff members; thank
9 you notes for contributors, campaign volunteers, and staff members;
10 payment of taxes and other reasonable expenses for compliance with
11 applicable tax laws; and interest expenses. Routine post-election
12 expenditures that may be paid for with unspent campaign funds do not
13 include such items as post-election mailings other than as specifically
14 provided for in this subparagraph; making contributions; making bonus
15 payments or gifts to staff members or volunteers, or holding any post-e-
16 lection day event, including, but not limited to, any meal or any party.
17 Unspent campaign funds may not be used for transition or inauguration
18 activities.
19 § 4. The state finance law is amended by adding a new section 99-t to
20 read as follows:
21 § 99-t. Campaign finance fund. 1. There is hereby established a fund
22 to be known as the campaign finance fund, which shall be held in the
23 joint custody of the state comptroller and the commissioner of taxation
24 and finance.
25 2. The fund shall consist of moneys appropriated from the general fund
26 and from all other moneys credited or transferred thereto from any other
27 fund or source pursuant to law.
28 3. Moneys of the fund may be expended for the purpose of making
29 payments to candidates pursuant to title two of article fourteen of the
30 election law. Moneys shall be paid out of the fund on the audit and
31 warrant of the comptroller on vouchers certified or approved by the
32 campaign finance fund board established pursuant to title two of article
33 fourteen of the election law, or the duly designated representative of
34 such board, in the manner prescribed by law, not more than two days
35 after a voucher duly certified, approved and executed by such board or
36 its representative in the form prescribed by the comptroller is received
37 by the comptroller.
38 § 5. Severability. If any clause, sentence, subdivision, paragraph,
39 section or part of this act be adjudged by any court of competent juris-
40 diction to be invalid, such judgment shall not affect, impair or invali-
41 date the remainder thereof, but shall be confined in its operation to
42 the clause, sentence, subdivision, paragraph, section or part thereof
43 directly involved in the controversy in which such judgment shall have
44 been rendered.
45 § 6. This act shall take effect January 1, 2008 and shall expire and
46 be deemed repealed June 30, 2011.
