Add Art 18 Title I SS18-100 - 18-116 & Title II S18-200, amd S14-114, El L; add S92-o, St Fin L
Enacts the Judicial Campaign Finance Reform Act of 2004; provides for public financing for judicial elections; local option public financing for judicial candidates; establishes the New York state judicial election campaign fund; provides penalties for violations thereof.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11457
SPONSOR: Rules (Weinstein) TITLE OF BILL: An act to amend the election law, in relation to judi-
cial campaign financing reform; and to amend the state finance law, in
relation to establishing the New York state judicial election campaign
fund
PURPOSE:
This bill limits judicial campaign contributions to $500, and provides
for optional public financing of judicial elections. By so doing, the
bill creates an electoral environment in which all judicial candidates
can muster adequate resources to adequately inform the public concerning
their qualifications and credentials while limiting the influence of
large campaign contributions on judicial races.
SUMMARY OF SPECIFIC PROVISIONS: This bill creates a new Article 18 of
the election law, comprised of two new titles. Title one provides for
public financing of most judicial elections, and title two authorizes
local laws for optional local public financing of city, town and village
elections.
Section 1 includes the following provisions:
18-100 defines terms used in Article 18.
In the new section 18-102 the bill provides the requirements eligible
candidates must meet in order to qualify for optional public financing.
These requirements include, among others, agreeing to abide by certain
campaign standards, strict reporting requirements and raising sufficient
funds from small donors to meet a "threshold for eligibility".
In the new section 18-104 the bill establishes the permissible uses for
qualified campaign expenditures made by participating candidates.
Expenditures must, among other things: (a) be made by a single, author-
ized committee; (b) occur during the calendar year of the election to
which the expenditures relate; (c) not exceed the appropriate expendi-
ture limit; (d) not involve self-dealing; (e) be for services at fair
market value; (f) be related to a competitive race; (g) not include
expenses related to challenging opposing candidate's ballot access.
Section 18-106 provides for optional public financing. Eligible candi-
dates who have received sufficient contributions to meet the threshold
for eligibility are entitled to matching funds equal to two dollars for
every one dollar of matchable contributions. These matching funds can
then be used to make eligible expenditures. Under certain circumstances
the match ratio doubles. For example, when an opposing candidate who is
not participating in the optional public financing program spends more
than one-third of the expenditure limit applicable to the participating
candidate, the match ratio is doubled. For purposes of the new Article
18, a "matchable contribution" is a contribution of less than $500 from
a natural person resident in the state of New York.
Section 18-108 provides a campaign contribution limit of $500 for all
judicial offices. However, if a non-participating candidate in a judi-
cial race spends more than one-third of the expenditure limit applicable
to a publicly financed candidate, the contribution limit for the public-
ly financed candidate is doubled.
Section 18-110 applies limitations to all expenditures by eligible
candidates and their authorized committees. For each election, the
expenditure limit is $75,000 or the formula amount ($1.75 x number of
voters eligible to participate in the election), whichever is less.
There are no expenditure limits, however, for participating candidates
if a nonparticipating candidate spends more than one-third of the
expenditure limit.
Section 18-112 provides that the state board of election shall conduct
an examination and audit of the contributions and qualified campaign
expenses of the authorized committee of every eligible candidate.
Sections 18-114 and 18-116 provide authorized criminal and civil penal-
ties for certain violations of Article 18.
Title II of Article 18 authorizes local law for public campaign financ-
ing of judicial campaigns.
Section two of the bill creates a "judicial election campaign fund" for
the purposes of funding public financing of judicial campaigns.
Section three of the bill provides that party expenditures on behalf of
judicial candidates are subject to contribution limits.
Section four of the bill provides effective dates.
JUSTIFICATION: Contribution limits and public campaign-financing of
judicial elections will help ensure that judicial campaigns are free
from impropriety, special privilege and unwarranted appearances of
impropriety. This legislation would complement broader legislation
introduced in the Assembly which would enact an optional partial public
campaign financing system for non-judicial offices.
PRIOR LEGISLATION: None
FISCAL IMPLICATIONS: The bill creates no fiscal implications for the
2004 fiscal year. The bill is expected to cost on average $5 Million per
year beginning in fiscal year 2005.
EFFECTIVE DATE: Immediately, but will apply to elections held on or
after January 1, 2005.
STATE OF NEW YORK
________________________________________________________________________
11457
IN ASSEMBLY
June 9, 2004
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Weinstein,
Wright, Silver, Galef, Aubry, Bradley, Brodsky, Cahill, A. Cohen,
Cook, Dinowitz, Gordon, John, Klein, Koon, Millman, O'Donnell, Ortiz,
Paulin, Perry, Ramos, Sidikman, Sweeney) -- read once and referred to
the Committee on Election Law
AN ACT to amend the election law, in relation to judicial campaign
financing reform; and to amend the state finance law, in relation to
establishing the New York state judicial election campaign fund
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Judicial Campaign Finance Reform Act of 2004".
3 § 2. Legislative intent. An independent, impartial judiciary is funda-
4 mental to a democratic system of governance. The legislature finds and
5 declares that the independence and indicia of impartiality of our judi-
6 ciary are advanced by creating a system of partial public financing of
7 judicial campaigns. A system of partial public financing for judicial
8 elections, coupled with other changes in the judicial selection process,
9 is necessary to buttress the state's commitment to barring undue influ-
10 ence from judicial campaign financing and to better ensure a level
11 campaign environment in which all candidates are able to meaningfully
12 communicate their qualifications and ideas to the electorate.
13 § 3. The election law is amended by adding a new article 18 to read as
14 follows:
15 ARTICLE 18
16 JUDICIAL CAMPAIGN FINANCING
17 Title I. Public financing for judicial elections.
18 II. Local option public financing for judicial candidates.
19 TITLE I
20 PUBLIC FINANCING FOR JUDICIAL ELECTIONS
21 Section 18-100. Definitions.
22 18-102. Eligibility.
23 18-104. Qualified campaign expenditures.
24 18-106. Optional public financing.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD18247-01-4
A. 11457 2
1 18-108. Contribution and receipt limitations.
2 18-110. Expenditure limitations.
3 18-112. Examinations and audits; repayments.
4 18-114. Penalties.
5 18-116. Civil penalties.
6 § 18-100. Definitions. As used in this title, unless another meaning
7 is clearly indicated:
8 1. The term "state board" shall mean the state board of elections.
9 2. The term "eligible candidate" shall mean a candidate, for nomi-
10 nation at a primary election or candidate for election at a general or
11 special election, to the office of judge or justice of the supreme
12 court, family court, surrogate court, county court, civil court or
13 district court.
14 3. The term "matchable contributions" shall mean that portion of the
15 aggregate contributions made after the effective date of this title by
16 natural persons resident in the state of New York to a participating
17 eligible candidate which do not exceed five hundred dollars, which have
18 been reported in full by the candidate's authorized committee to the
19 state board, including the contributor's full name and residential
20 address and, with respect to contributions of more than fifty dollars,
21 the name and address of the contributor's employer. "Matchable contrib-
22 utions" shall be the net amount of any monetary contribution realized by
23 a candidate or designated committee after deducting the reasonable value
24 of any goods or services provided the contributor in connection with the
25 contribution, except that contributions from any person who has received
26 a payment or anything of value from such committee or from a person who
27 is an officer, director or employee of, or a person who has a ten
28 percent or greater ownership interest in any entity which has received
29 such a payment or thing of value shall not be matchable. A loan may not
30 be treated as a matchable contribution. For purposes of this subdivi-
31 sion, a "contributor" shall be deemed to include the spouse and uneman-
32 cipated children of any individual contributor.
33 4. The term "qualified campaign expenditure" shall mean an expenditure
34 for which public funds may be used.
35 5. The term "fund" shall mean the New York state judicial election
36 campaign fund.
37 6. The term "threshold for eligibility" shall mean the amount of total
38 matchable contributions that the authorized committee of an otherwise
39 eligible candidate for election to office must receive in order to qual-
40 ify for optional public financing pursuant to this title.
41 § 18-102. Eligibility. 1. To be eligible for optional public financing
42 under this title, a candidate for nomination or election must:
43 (a) Meet all the requirements of this chapter and other provisions of
44 law to have his or her name on the ballot;
45 (b) Be an eligible candidate and meet the threshold for eligibility
46 set forth in subdivision two of this section;
47 (c) Elect to participate in the public funding provisions of this
48 title not later than seven days after the last day to file designating
49 petitions for the office such candidate is seeking or, in the case of a
50 special election, not later than the last day to file nominating
51 petitions for such office, or for a candidate for supreme court, not
52 later than the last day to file the minutes of the convention at which
53 such candidate was nominated;
54 (d) Agree to obtain and furnish to the state board any evidence it may
55 reasonably request relating to his or her campaign expenditures or
A. 11457 3
1 contributions and furnish such other proof of compliance with this title
2 as may be requested by the state board;
3 (e) Have a single authorized political committee which he or she
4 certifies as the authorized committee for the purposes of this title;
5 (f) Agree to identify accurately in all campaign materials the person
6 or entity that paid for such campaign material, and
7 (g) Acknowledge having read and understood, and agree to abide by, all
8 of the rules for the conduct of campaigns for judicial office as
9 prescribed in the code of judicial conduct.
10 2. The threshold for eligibility for public funding for judicial
11 candidates in a primary, general or special election shall be not less
12 than five thousand dollars in matchable contributions including at least
13 twenty-five such contributions in the amount of ten dollars or more.
14 3. In order to be eligible to receive public funds in an election a
15 candidate must agree, that in the event such candidate is a candidate
16 for such office in the general election in such year, that such candi-
17 date will be bound by the provisions of this title, including, but not
18 limited to, the receipt and expenditure limits of this title.
19 4. Candidates who are opposed in a primary election and who do not
20 seek public funds shall not be eligible for public funds for the general
21 election in that year.
22 5. Candidates who are unopposed in a general or special election shall
23 not be eligible to receive public funds.
24 6. No candidate who has qualified for public funds shall receive such
25 public funds unless at least one other candidate for such office in such
26 election also qualified to receive public funds or at least one other
27 candidate for such office in such election and such candidate's author-
28 ized committee have spent, or contracted or obligated to spend, or have
29 received in loans or contributions an amount exceeding ten percent of
30 the expenditure limit for such office in such election which is fixed by
31 this title for candidates who have elected to accept such public funds.
32 If a candidate and the authorized committee of such candidate reaches
33 the threshold to qualify to receive public funds, or spends or contracts
34 or obligates to spend, or receives in loans or contributions, an amount
35 exceeding ten percent of the expenditure limit in such election at any
36 time after the filing deadline for the last report required to be filed
37 before the first distribution of public funds for such election, such
38 candidate or committee must notify the state board of that fact within
39 twenty-four hours through the electronic campaign finance reporting
40 system or, for a candidate who does not file using such board's elec-
41 tronic campaign finance reporting system, by express mail.
42 § 18-104. Qualified campaign expenditures. 1. Public funds provided
43 under the provisions of this title may only be used for expenditures by
44 any one committee authorized by the candidate to make expenditures on
45 such candidate's behalf, to further the candidate's nomination or
46 election during the calendar year in which the primary or general
47 election in which the candidate seeking nomination or election is held,
48 for services, materials, facilities or other things of value used during
49 that year or in the case of a special election for expenditures during
50 the period commencing three months before and ending one month after
51 such special election. The total of all expenditures made by the candi-
52 date and such candidate's authorized committee including all payments
53 received from the fund shall not exceed the expenditure limitations
54 established in section 18-110 of this title, except insofar as such
55 payments are made to repay loans used to pay campaign expenditures.
56 2. Such public funds may not be used for:
A. 11457 4
1 (a) An expenditure in violation of any law of the United States or of
2 this state;
3 (b) Payments or anything of value given or made to the candidate, a
4 relative of the candidate, or to a business entity in which any such
5 person has a ten percent or greater ownership interest or of which any
6 such person is an officer, director or employee;
7 (c) Payment in excess of the fair market value of services, materials,
8 facilities or other things of value received in exchange;
9 (d) Any expenditure made after the candidate, or the only remaining
10 opponent of the candidate, has been disqualified or had such candidate's
11 petitions declared invalid by a board of elections or a court of compe-
12 tent jurisdiction until and unless such finding is reversed by a higher
13 authority. This paragraph shall not apply to a candidate entitled to
14 expend public funds pursuant to the provisions of subdivision three of
15 section 18-106 of this title;
16 (e) Any expenditure made to challenge the validity of any petition of
17 designation or nomination or any certificate of nomination, acceptance,
18 authorization, declination or substitution;
19 (f) Expenditure for noncampaign related food, drink or entertainment;
20 and
21 (g) Gifts, except brochures, buttons, signs and other campaign materi-
22 al.
23 § 18-106. Optional public financing. 1. Eligible candidates for nomi-
24 nation or election in general and special elections may obtain payment
25 to authorized committees from public funds for qualified campaign
26 expenditures. No such public funds shall be paid to an authorized
27 committee until the candidate has qualified as an eligible candidate and
28 filed a sworn statement with the state board electing to receive public
29 funds and agreeing to abide by the requirements of this title. Payments
30 shall not exceed the amounts specified in this title, and shall be made
31 only in accordance with the provisions of this title. Such payments may
32 only be made to an eligible candidate's authorized committee. No public
33 funds shall be used except as reimbursement or payment for qualified
34 campaign expenditures actually and lawfully incurred or to repay loans
35 used to pay qualified campaign expenditures.
36 2. (a) The authorized committee of each eligible candidate shall be
37 entitled to payment for qualified campaign expenditures not to exceed
38 two dollars for each one dollar of matchable contributions obtained and
39 reported to the state board in accordance with the provisions of this
40 title.
41 (b) However, if any candidate elects not to accept such public funds
42 and either, such candidate spends, or contracts or obligates to spend,
43 or contributes to such candidate's committee an amount exceeding twen-
44 ty-five thousand dollars of such candidate's personal funds, or if such
45 candidate and such candidate's authorized committee spend or contract or
46 obligate to spend, or receive in loans or contributions, an amount
47 exceeding one-third the expenditure limit for such office fixed by this
48 title for candidates who have elected to accept such public funds, then
49 the authorized committee of each eligible candidate for such office
50 shall be entitled to payment for qualified campaign expenditures not to
51 exceed four dollars for each such dollar of matchable contributions. If
52 a candidate who elects not to accept such public funds, spends, or
53 contracts or obligates to spend, or contributes to such candidate's
54 authorized committee an amount exceeding twenty-five thousand dollars of
55 such candidate's personal funds, or if such a candidate and the commit-
56 tee of such a candidate, spends or contracts or obligates to spend, or
A. 11457 5
1 receives in loans or contributions, an amount exceeding one-third the
2 expenditure limit for such office, such candidate or committee must
3 notify the state board of the fact within twenty-four hours via the
4 electronic reporting system, or if such candidate does not file using
5 such reporting system, by express mail.
6 3. No candidate for nomination for an office who is unopposed in a
7 primary election shall be entitled to payment from the fund for quali-
8 fied campaign expenditures, unless there is a contest in such primary
9 for the nomination of at least one other party for such office. Where
10 there is such a contest, the authorized committee of an unopposed candi-
11 date for nomination may receive one-half the payment provided in subdi-
12 vision two of this section, provided that such candidate otherwise qual-
13 ifies pursuant to the provisions of this title. Such payment can only be
14 expended for property, services or facilities used on or before the date
15 of such primary.
16 4. The total payments from the fund received by the authorized commit-
17 tee of any candidate, when added to the total of contributions received
18 by such candidate and such candidate's authorized committee, may not
19 exceed the amount which may be expended by such candidate pursuant to
20 the provisions of this title.
21 5. The state board shall promptly examine all reports of contributions
22 to determine that, on their face, they meet the requirements for matcha-
23 ble contributions, and shall keep a record of such contributions.
24 6. The state board shall promulgate regulations for the certification,
25 for approval of payment by the New York state judicial election campaign
26 fund pursuant to section ninety-two-o of the state finance law, of the
27 sum of public funds that such candidate has qualified to receive from
28 the election campaign fund. These regulations shall include the promul-
29 gation and distribution of forms on which contributions and expenditures
30 are to be reported, the periods during which such reports must be filed
31 and the verification required. The state board shall endeavor to insti-
32 tute procedures which will make possible payment by the election
33 campaign fund within four business days after receipt of the required
34 forms and verifications.
35 § 18-108. Contribution and receipt limitations. 1. (a) Notwithstand-
36 ing any other provision of law, in any election for judicial office, no
37 contributor may make a contribution to any candidate or authorized
38 committee, and no candidate or authorized committee may accept any
39 contribution from any contributor, which, in the aggregate amount, is
40 greater than five hundred dollars except that a candidate who has
41 elected to participate in such optional public financing or such candi-
42 date's authorized committee may accept from such party or constituted
43 committees an amount which in the aggregate does not exceed five thou-
44 sand dollars. A candidate who has elected not to participate in such
45 optional public financing may accept from such party or constituted
46 committees an amount which, in the aggregate, does not exceed two thou-
47 sand five hundred dollars.
48 (b) However, if any candidate in any election for which public funds
49 are available pursuant to the provisions of this title, elects not to
50 accept such public funds and either, such candidate spends, or contracts
51 or obligates to spend, or contributes to such candidate's committee an
52 amount exceeding twenty-five thousand dollars of such candidate's
53 personal funds, or if such candidate and such candidate's committee
54 spend or contract or obligate to spend, or receive in loans or contrib-
55 utions, an amount exceeding one-third the expenditure fixed by this
56 title for candidates who have elected to accept such public funds,
A. 11457 6
1 contributors to those candidates for such office who have elected to
2 receive public funds shall be allowed to contribute and such candidates
3 or authorized committees shall be allowed to accept contributions from
4 any contributor, which, in the aggregate, are twice the amount which
5 would otherwise be allowed by paragraph (a) of this subdivision. If a
6 candidate who elects not to accept such public funds, spends, or
7 contracts or obligates to spend, or contributes to his committee an
8 amount exceeding twenty-five thousand dollars of his personal funds, or
9 if such a candidate and the committee of such a candidate spends or
10 contracts or obligates to spend, or receives in loans or contributions,
11 an amount exceeding one-third the expenditure limit for such office,
12 such candidate or committee must notify the state board of the fact
13 within twenty-four hours via the electronic reporting system, or if such
14 candidate does not file using such reporting system, by express mail.
15 (c) At the beginning of the calendar year two thousand eight and each
16 fourth calendar year thereafter, the state board shall determine the
17 percentage difference between the most recent available monthly consumer
18 price index for all urban consumers published by the United States
19 bureau of labor statistics and such consumer price index published for
20 the same month four years previously. The amount of each contribution
21 limit fixed in this subdivision shall be adjusted by the amount of such
22 percentage difference to the closest one hundred dollars by the state
23 board which, not later than the first day of February in each such year,
24 shall issue a regulation setting forth the amount of each such contrib-
25 ution limit. Each contribution limit as so adjusted shall be the
26 contribution limit in effect for any election held before the next such
27 adjustment.
28 2. (a) Contributions received before the effective date of this title
29 may be expended only to the extent that they do not exceed the contrib-
30 ution limits imposed by this section. Interest earned on any such
31 contributions may be expended only to the extent that such interest was
32 earned on contributions which may be expended pursuant to the provisions
33 of this subdivision.
34 (b) However, if any candidate in any election for which public funds
35 are available pursuant to the provisions of this title, elects not to
36 accept such public funds and such candidate spends, or contracts or
37 obligates to spend, or contributes to such candidate's committee an
38 amount exceeding twenty-five thousand dollars of such candidate's
39 personal funds, or such candidate and such candidate's committee spend
40 or contract or obligate to spend, or receive in loans or contributions,
41 an amount exceeding one-third the expenditure limit for such office
42 fixed by this title for candidates who have elected to accept such
43 public funds, candidates for such office who have elected to receive
44 public funds and the authorized committees of such candidates shall be
45 allowed to expend all contributions received before the effective date
46 of this title.
47 3. (a) A candidate or the authorized committee of such a candidate who
48 has not elected to participate in such public funding provisions of this
49 title, shall not accept any contributions any earlier than one year
50 before the first day to circulate designating petitions for the office
51 which such candidate is seeking, or any later than the end of the calen-
52 dar year in which the election occurs, except that a candidate or
53 authorized committee which has a deficit at the end of such calendar
54 year may, after such calendar year, accept contributions which do not
55 exceed the amount of such deficit and the expenses incurred in raising
56 such contributions. Contributions to such a candidate or authorized
A. 11457 7
1 committee which were received before the effective date of this title
2 may not be expended in any election for any such office.
3 (b) A candidate for such an office to be filled at a special election,
4 or the authorized committee of such a candidate who has not elected to
5 participate in the public funding provisions of this title, shall not
6 accept any contributions any earlier than the date such office becomes
7 vacant or four months before such special election, whichever is earli-
8 er, or any later than two months after such election except that a
9 candidate or authorized committee which has a deficit two months after
10 such election may, after such date, accept contributions which do not
11 exceed the amount of such deficit and the expenses incurred in raising
12 such contributions.
13 § 18-110. Expenditure limitations. 1. The following limitations apply
14 to all expenditures by eligible candidates and their committees receiv-
15 ing public funds pursuant to the provisions of this title.
16 2. (a) In any primary election, expenditures by eligible candidates
17 for judicial office and by their committees shall not exceed the sum of
18 one dollar and seventy-five cents for each voter enrolled in the candi-
19 date's party in the district for which such candidate is a candidate, as
20 determined by the records of the appropriate board or boards of election
21 as of the last general election preceding the primary election; provided
22 however, such expenditures shall not exceed seventy-five thousand
23 dollars in a primary election.
24 (b) In any general or special election, expenditures by eligible
25 candidates and by their committees shall not exceed the sum of one
26 dollar and seventy-five cents for each voter registered in the district
27 for which the candidate is a candidate, as determined by the records of
28 the appropriate board or boards of elections as of the last general
29 election; provided however, such expenditures shall not exceed seventy-
30 five thousand dollars in a general or special election.
31 (c) However, if any candidate in any election for which public funds
32 are available pursuant to the provisions of this title, elects not to
33 accept such public funds and either, such candidate spends, or contracts
34 or obligates to spend, or contributes to such candidate's committee an
35 amount exceeding twenty-five thousand dollars of such candidate's
36 personal funds, or if such candidate and such candidate's authorized
37 committee spend or contract or obligate to spend, or receive in loans or
38 contributions, an amount exceeding one-third of the expenditure limit
39 for such office fixed by paragraph (a) or (b) of this subdivision,
40 whichever is applicable, for candidates who have elected to accept such
41 public funds, there shall be no expenditure limit for those candidates
42 for such office who have elected to receive public funds. If a candidate
43 who elects not to accept such public funds, spends or contracts or obli-
44 gates to spend, or contributes to such candidate's committee an amount
45 exceeding twenty-five thousand dollars of such candidate's personal
46 funds, or if such a candidate and the authorized committee of such a
47 candidate spends or contracts or obligates to spend, or receives in
48 loans or contributions, an amount exceeding one-third of the expenditure
49 limit for such office, such candidate or committee must notify the state
50 board of that fact within twenty-four hours via the electronic reporting
51 system, or if such candidate does not file using such reporting system,
52 by express mail.
53 (d) Candidates for office who are unopposed in the primary election
54 may expend before the primary election, for services, materials or
55 facilities used on or before the date of such primary election, an
56 amount equal to half the sum such candidates would be entitled to spend
A. 11457 8
1 if their nomination was contested in such primary election provided that
2 there is a contest in such primary for the nomination of at least one
3 other party for such office.
4 (e) Expenditures for legal fees and expenses to defend the validity of
5 petitions of designation or nomination or certificates of nomination,
6 acceptance, authorization, declination or substitution, or to challenge
7 successfully, any such petition or certificate on grounds of fraud and
8 for expenses incurred to comply with the campaign finance reporting
9 requirements of this article and article fourteen of this chapter shall
10 not be subject to the expenditure limits of this subdivision.
11 (f) At the beginning of the calendar year two thousand eight and each
12 fourth calendar year thereafter, the state board shall determine the
13 percentage difference between the most recent available monthly consumer
14 price index for all urban consumers published by the United States
15 bureau of labor statistics and such consumer price index published four
16 years previously. The amount of each expenditure limit fixed in this
17 subdivision shall be adjusted by the amount of such percentage differ-
18 ence to the closest one thousand dollars by the state board which, not
19 later than the first day of February in each such year, shall issue a
20 regulation setting forth the amount of each such contribution limit.
21 Each contribution limit as so adjusted shall be the contribution limit
22 in effect for any election held before the next such adjustment.
23 3. In computing the aggregate amount expended for purposes of this
24 section, expenditures made by a committee in support of more than one
25 candidate shall be allocated among such candidates supported by the
26 committee in accordance with formulas promulgated by the state board or,
27 in the absence of such official formulas, in accordance with any formula
28 based upon reasonable standards. The statements filed by such committee
29 in accordance with this chapter shall set forth, in addition to the
30 other information required, the total amount expended by the committee
31 on behalf of all such candidates and the amount allocated to each candi-
32 date by dollar amount and percentage. Expenditures by a state or other
33 committee of a political party for activities which do not support or
34 oppose the election of any candidate or candidates by name or by clear
35 inference shall not be regarded as expenditures on behalf of or in oppo-
36 sition to a candidate.
37 § 18-112. Examinations and audits; repayments. 1. The state board
38 shall conduct a thorough examination and audit of the contributions and
39 qualified campaign expenses of the authorized committee of every eligi-
40 ble candidate who received payments pursuant to section 18-106 of this
41 title.
42 2. (a) If the state board determines that any portion of the payment
43 made to such authorized committee from the New York state judicial
44 election campaign fund was in excess of the aggregate amount of payments
45 to which such eligible candidate was entitled pursuant to section 18-106
46 of this title, it shall notify such committee and such committee shall
47 pay to the state board an amount equal to the amount of excess payments.
48 (b) If the state board determines that any amount of payment made to
49 an authorized committee of an eligible candidate from the New York state
50 judicial election campaign fund was used for purposes other than to
51 defray qualified campaign expenses, it shall notify the said authorized
52 committee of the amount disqualified and the said authorized committee
53 shall pay to the state board an amount equal to such disqualified
54 amount.
55 (c) If the total of contributions and payments from the New York state
56 judicial election campaign fund received by any candidate and such
A. 11457 9
1 candidate's authorized committee, exceeds the campaign expenditures of
2 such candidate and committee, such candidate and committee shall use
3 such excess funds to reimburse the fund for payments received by such
4 committee from the fund not later than ten days after all liabilities
5 have been paid and in any event, not later than March thirty-first of
6 the year following the year of the election for which such payments were
7 intended. No such excess funds shall be used for any other purpose,
8 unless the total amount due the New York state judicial election
9 campaign fund from such candidate and committee has been repaid.
10 3. If a court of competent jurisdiction disqualifies a candidate whose
11 authorized committee has received public funds on the grounds that such
12 candidate committed fraudulent acts in order to obtain a place on the
13 ballot and such decision is not reversed by a higher court, such candi-
14 date and such candidate's authorized committee shall pay to the state
15 board an amount equal to the total of public funds received by such
16 authorized committee.
17 4. All payments received by the state board pursuant to this section
18 shall be deposited in the New York state judicial election campaign fund
19 established by section ninety-two-o of the state finance law.
20 § 18-114. Penalties. 1. Any person who knowingly and willfully fails
21 to file a statement required to be filed by this title or the rules or
22 regulations of the state board in implementation thereof within five
23 days after the date provided for filing such statement, or any person
24 who knowingly and willfully violates any other provision of this title
25 shall be guilty of a class A misdemeanor, unless a greater penalty is
26 specifically prescribed in another applicable statute.
27 2. Any person who knowingly and willfully contributes or expends or
28 aids or participates in the contribution or expenditure of funds in an
29 amount exceeding an applicable maximum specified in this title, or who
30 knowingly and willfully accepts or aids or participates in the accept-
31 ance of a contribution in an amount exceeding an applicable maximum
32 specified in this title shall be guilty of a class A misdemeanor.
33 3. Any person who knowingly and willfully neglects or refuses to
34 furnish any information required or authorized by this title, or to
35 exhibit records, papers or documents authorized by this title to be
36 inspected or which are required to be exhibited, shall be guilty of a
37 class A misdemeanor.
38 4. Any person who knowingly and willfully expends or aids or partic-
39 ipates in the expenditure of funds for a purpose or in a manner which
40 violates the provisions of this title shall be guilty of a class A
41 misdemeanor.
42 5. Any person who knowingly and willfully fails to return or aids or
43 participates in the failure to return to the state board any funds
44 required to be returned to such board pursuant to the provisions of this
45 title shall be guilty of a class A misdemeanor.
46 6. Any person who furnishes any false, fictitious or fraudulent
47 evidence, books or information to the state board of elections under
48 this title or includes in any evidence, books, or information so
49 furnished any misrepresentation of a material fact, or falsifies or
50 conceals any evidence, books, or information relevant to any audit by
51 the state board of elections or knowingly and willfully violates any
52 other provision of this title shall be guilty of a class A misdemeanor.
53 7. The attorney general shall be primarily responsible for instituting
54 and conducting prosecutions under this section. In such cases the attor-
55 ney general or the attorney general's deputy shall exercise all the
56 powers and perform all the duties which the district attorney would
A. 11457 10
1 otherwise be authorized or required to exercise or perform; whenever any
2 such prosecution is instituted by the attorney general, the district
3 attorney shall only exercise such powers and perform such duties as are
4 required of the district attorney by the attorney general or the deputy
5 attorney general. Until and unless the attorney general exercises
6 authority under this section an otherwise authorized district attorney
7 may institute and conduct a prosecution under this section.
8 8. Whenever the attorney general is authorized under this chapter to
9 prosecute a criminal proceeding on behalf of the state board, the attor-
10 ney general shall have the discretion to delegate the authority to
11 initiate or conduct any such prosecution to the state board of
12 elections.
13 § 18-116. Civil penalties. 1. Any person who fails to file a statement
14 or record required to be filed by this title or the rules or regulations
15 of the state board in implementation thereof shall be subject to a civil
16 penalty, not in excess of one thousand dollars, to be recoverable in a
17 civil proceeding brought by the state board.
18 2. If the aggregate amount of expenditures by a candidate and such
19 candidate's authorized committee exceeds the expenditure limitations
20 contained in this title such candidate shall be liable for a civil
21 penalty in an amount equal to three times the sum by which such expendi-
22 tures exceed the permitted amount.
23 TITLE II
24 LOCAL OPTION PUBLIC FINANCING FOR JUDICIAL CANDIDATES
25 Section 18-200. Public campaign financing in counties, cities or towns
26 by local option.
27 § 18-200. Public campaign financing in counties, cities or towns by
28 local option. 1. Upon passage of a local law by any county, city, town
29 or village, such municipality may establish a local campaign financing
30 law for elections for judicial offices in such county, city, town or
31 village.
32 2. Such local public campaign finance law shall include, but not be
33 limited to: which offices shall be included in public financing; the
34 amount of public financing for each office; contribution and expenditure
35 limits; and the method of funding public financing.
36 3. Nothing in this section shall be construed to diminish any existing
37 authority of a county, city, town or village.
38 § 4. Subdivision 3 of section 14-114 of the election law, as amended
39 by chapter 517 of the laws of 1986, is amended to read as follows:
40 3. As used in this section the term "contributor" shall not include a
41 party committee supporting [the candidate] candidates of such party for
42 non-judicial offices or a constituted committee supporting [the candi-
43 date] candidates of such party for non-judicial offices.
44 § 5. The state finance law is amended by adding a new section 92-o to
45 read as follows:
46 § 92-o. New York state judicial election campaign fund. 1. There is
47 hereby established in the joint custody of the state comptroller and the
48 commissioner of taxation and finance a fund to be known as the New York
49 state judicial election campaign fund.
50 2. Such fund shall consist of moneys credited or transferred thereto
51 from any other fund or source pursuant to law.
52 3. Moneys of the fund, following appropriation by the legislature, may
53 be expended for the purposes of making payments to candidates pursuant
54 to title one of article eighteen of the election law. Moneys shall be
55 paid out of the fund on the audit and warrant of the state comptroller
56 on vouchers certified or approved by the state board of elections, or
A. 11457 11
1 its duly designated representative, in the manner prescribed by law, not
2 more than four working days after such voucher is received by the state
3 comptroller.
4 4. Notwithstanding any provision of law to the contrary, if, in any
5 state fiscal year, the state judicial election campaign fund lacks the
6 amount of money to pay all claims vouchered by eligible candidates and
7 certified or approved by the state board of elections, any such defi-
8 ciency shall be paid, upon audit and warrant of the comptroller, from
9 funds deposited in the general fund of the state not more than four
10 working days after such voucher is received by the comptroller.
11 5. Commencing in two thousand six, if the surplus in the fund on April
12 first of the year after a year in which a governor is elected exceeds
13 twenty-five percent of the disbursements from the fund over the previous
14 four years, the excess shall revert to the general fund of the state.
15 6. No moneys shall be paid to candidates in a primary election any
16 earlier than two weeks after the last day to file designating petitions
17 for such primary election.
18 7. No moneys shall be paid to candidates in a general election any
19 earlier than the day after the day of the primary election held to nomi-
20 nate candidates for such election.
21 8. No moneys shall be paid to candidates in a special election any
22 earlier than the day after the last day to file certificates of party
23 nomination for such special election.
24 9. No moneys shall be paid to any candidate who has been disqualified
25 or whose designating petitions have been declared invalid by the appro-
26 priate board of elections or a court of competent jurisdiction until and
27 unless such finding is reversed by a higher authority. No payment from
28 the fund in the possession of such a candidate or such candidate's
29 authorized committee on the date of such disqualification or invali-
30 dation may thereafter be expended for any purpose except the payment of
31 liabilities incurred before such date. All such moneys shall be repaid
32 to the fund.
33 § 6. This act shall take effect immediately, except that the
34 provisions of title I of article 18 of the election law, as added by
35 section three of this act shall first apply in elections held in 2005.
