Amd Art 14, generally, add SS16-103 & 4-115, El L; add S92-t, St Fin L; amd S658, Tax L
Enacts the "2010 campaign finance reform act"; provides for optional partial public financing of certain election campaigns in this state and for contribution limitations and local campaign finance disclosure applicable to candidates for the office of mayor, public advocate, comptroller and borough president in the city of New York; relates to identification of the source of certain political communications.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11507A REVISED 6/17/08
SPONSOR: Rules (Silver) TITLE OF BILL: An act to amend the election law, in relation to
enacting the "2010 Campaign Finance Reform Act"; to amend the election
law, the state finance law and the tax law, in relation to providing for
optional partial public financing of certain election campaigns in this
state; and to amend the election law, in relation to identification of
the source of certain political communications
SUBJECT AND PURPOSE: To provide optional public financing of
campaigns for statewide offices, state legislative offices and constitu-
tional convention delegates
SUMMARY AND DESCRIPTION OF PROVISIONS The bill amends Article 14 of
the election law to designate the existing law Title I and adds an iden-
tification requirement for independent political communications, a
filing requirement for independent expenditures and a requirement that
certain candidates disclose their intent to spend personal funds in a
campaign.
It also adds a new Title II to Article 14 to provide for public financ-
ing of primary and general election campaigns for statewide office,
primary, general and special election campaigns for state legislative
office and primary and general election campaigns for constitutional
convention delegates.
TITLE I PROVISIONS
Identification of Campaign Communications: The bill requires all inde-
pendent political communications that expressly advocate for the
election or defeat of a clearly identified candidate or the success or
defeat of a ballot proposal and cost more than $1000 to identify the
source of the funding for such communication
Independent Expenditures: The bill requires reporting of independent
expenditures that cost more than $1000 and expressly advocates for the
election or defeat of a clearly identified candidate or the success or
defeat of a ballot proposal. Independent expenditures that occur after
the last filing before an election must be reported within 24 hours.
Disclosure of the Intent to Use Personal Funds: Within 3 days of the
last day to file designating petitions, all candidates for statewide
office, state legislative office or constitutional convention delegate
must file a statement with the state board of elections disclosing
whether the candidate has or will contribute personal funds to his or
her committee and estimating the amount of such funds.
TITLE II PROVISIONS
Criteria for Participation: To be eligible for public financing, a
candidate for nomination or election to a statewide office, state legis-
lative office or as a constitutional convention delegate must satisfy
the legal requirements for having his or her name on the ballot, elect
to participate in the public financing system, meet the threshold for
eligibility and agree to file required statements, authorize a single
participating committee and identify the source of all campaign materi-
al.
Eligibility Threshold:
Governor: Must collect not less than $900,000 from at least 9,000 match-
able contributions made up of sums of up to $250 per individual contrib-
utor who resides in New York state.
Lt. Governor (primary only), Attorney Gen, & Comptroller: Must collect
not less than $300,000 from at least 3,000 matchable contributions made
up of sums of up to $250 per individual contributor who resides in New
York state.
Senate: Must collect not less than $25,000 from at least 250 matchable
contributions made up of sums of up to $250 per individual contributor
who resides in New York state including at least $12,500 from at least
125 individual contributors who reside in the senate district in which
the seat is to be filled.
Assembly: Must collect not less than $10,000 from at least 100 matchable
contributions made up of sums of up to $250 per individual contributor
who resides in New York state including at least $5,000 from at least 50
individual contributors who reside in the assembly district in which the
seat is to be filled.
At-large Delegate to a Constitutional Convention: Must collect not less
than $25,000 from at least 250 matchable contributions made up of sums
of up to $250 per individual contributor who resides in New York state.
District Delegate to a Constitutional Convention: Must collect not less
than $5,000 from at least 50 matchable contributions made up of sums of
up to $250 per individual contributor who resides in the district in
which the seat is to be filled.
Matchable Contributions: Consist of the net amount of contributions
after deduction of the value of any food, drink or entertainment
provided in exchange for the contribution. Only contributions from
persons who reside in New York State are matchable.
The Match: Eligible contributions up to $250 are matched at the rate of
$4 for every $1.
Triggers: If, however, a candidate who does not elect to receive public
funds raises, spends or contributes his or her own personal funds in an
amount greater than the expenditure limit established for such office
for candidates participating in the public financing system, an addi-
tional grant of public funds is given to the participating candidate.
Grants: A participating candidate may receive up to four grants equaling
25% of the amount of public funds previously received by the candidate
as a match for matchable contributions obtained and reported to the
state board of elections. Each of the grants is added to the original
expenditure limit, effectively creating a new TRIGGER for the next grant
when the nonparticipating candidate raises, spends or contributes his or
her own personal funds in an amount greater than the new expenditure
limit.
Misc. Rules:
To receive public funds for a primary election, a participating candi-
date must agree to receive public funding for the general election.
Participating candidates who are unopposed in a primary election may not
receive public funds. Participating candidates whose opponents don't
raise or spend 10% of the expenditure limit are deemed unopposed.
Participating candidates that are unopposed may raise private funds of
up to 50-% of the expenditure limit if there is a contest in the primary
for at least one other party for such office. Such funds may only be
raised with contributions of up to $2000 per contributor.
Candidates who are challenged in a primary and who do not seek public
funds are not eligible for public funds for the general election.
Candidates who are unopposed in a general or special election may not
receive public funds.
Permissible and Prohibited Uses of Public Funds: Public funds may be
used only for qualified campaign expenditures during the campaign cycle.
They may not be used for expenditures in violation of law, for payments
to a candidate or to a relative of the candidate (or to any business
entity of which such a person is an officer or employee or has a ten
percent or greater ownership interest), for payments in excess of fair
market value, for any expenditure after the candidate or the candidate's
only remaining opponent has been disqualified (until and unless
reversed), to challenge an opponent's petitions or certificates, for
non-campaign related food, drink or entertainment, or for gifts (except
brochures, buttons, signs and other campaign material).
Contribution Limit: All candidates who choose to participate in the
public financing system have a contribution limit of $2,000 per contrib-
utor.
Expenditure Limits: The following expenditure limits apply to all candi-
dates who participate in the public financing system:
General Election Primary
Governor $12,000,000 $1.1 per
enrolled voter or
$600,000, whichever
is more, but not to
exceed $6,000,000
Lt. Governor --- $1.1 per
enrolled voter or
$300,000, whichever
is more, but not to
exceed $3,000,000
Attorney General & $6,000,000 Same as Lt. Governor
Comptroller
State Senator $350,000 $2.50 per enrolled
voter or $35,000,
whichever is more,
but not to exceed
$350,000
Member of Assembly $150,000 $2.50 per enrolled
voter or $15,000,
whichever is more,
but not to exceed
$150,000
At-Large Delegate $350,000 $.15 per enrolled
voter or $75,000,
whichever is more,
but not to exceed
$175,000
District Delegate $75,000 $1.10 per enrolled
voter in the
district or $5,000,
whichever is more,
but not to exceed
$50,000
Party Expenditures in Support of Participating Candidates: Notwith-
standing the expenditure limits for participating candidates, state
party committees may make the following expenditures for services to
participating candidates:
Gov. and Lt. Gov. $2,500,000
Att. Gen or Comp. $1,000,000
Senate $100,000
State Assembly $50,000
At-large Delegate $50,000
District Delegate $10,000
* Transfers to a participating candidate may constitute up to 2596 of
such party expenditures.
Tax Check-off: The bill provides an income tax check-off of $5. Such
monies would be paid into a separate fund, known as the New York State
Campaign Finance Fund. The taxpayers' tax liability would not be
affected by making this designation. If the state campaign finance fund
lacks the money to pay all properly certified claims, the deficiency
will be paid from the general fund.
Penalties:
TITLE: I
The knowing and willful failure to identify the source of independent
political communications will subject the candidate to a civil fine
equal to $1000 or the cost of the communication, whichever is greater.
A failure to file the statements required for an independent expenditure
shall subject the person or entity to a civil fine of $500.
A knowing and willful failure to file the statement required regarding
the use of personal funds in a campaign shall subject the candidate to a
civil fine of up to $5000.
TITLE II
The failure to make proper campaign finance filings, as required by
Title II and rules and regulations promulgated thereunder, shall subject
the offender to a civil penalty of up to $5000.
If a participating candidate's aggregate expenditures exceed the expend-
iture limitations, the candidate is liable for a civil penalty in an
amount equal to three times the amount of the excess.
LEGISLATIVE HISTORY: This is a new bill.
JUSTIFICATION: This public financing bill provides a comprehensive yet
balanced approach to the public financing of political campaigns. It
contains significant but realistic limitations on expenditures and
contribution receipts, a means for recovering public funds when they are
unspent, excessive or used for prohibited purposes, and penalties for
violations of the filing requirements or the expenditure limitations for
participants.
The hybrid "matching plus grant" structure of the program has several
advantages. It will reduce the amount of time a candidate must spend
raising money, leaving more time to address the issues that are impor-
tant to the public. The matching component allows for participation by
private citizens throughout the campaign while also conserving resources
by ensuring that only candidates who can show substantial voter support
and face opposition will be eligible to receive public funds. The grant
component, containing 4 separate triggers, allows candidates that are
outspent to remain competitive without giving a participating candidate
an unnecessary windfall.
The identification requirement for independent political communications,
the filing requirement for independent expenditures and the requirement
that candidates disclose their intent to spend personal funds in a
campaign provide both participants and non-participants with information
necessary to formulate their campaign strategy. The opportunity for
party committees to make limited expenditures in support of participat-
ing candidates provides flexibility to both the candidates and the
parties.
Overall, the bill strikes a balance that allows challengers and incum-
bents to compete fairly while capping the amount of public funds that
will be expended.
FISCAL IMPLICATIONS:Their will be no cost in 2008 or 2009. In 2010,
there will be costs associated with participating candidates seeking
election to the office of state comptroller. In 2012, there will be
costs associated with participating candidates seeking election to the
state legislature. In 2014, all statewide candidates, state legislative
candidates and candidates for constitutional convention delegates will
be eligible to participate. Other states that have public financing
systems in place have had very low participation rates at first with
increasing participation in later elections. The long term cost of the
system in New York is unknown.
EFFECTIVE DATE: This act takes effect immediately; provided, however,
that candidates for state comptroller will be eligible to participate in
the public financing system beginning with the 2010 election, state
legislature candidates will be eligible to participate in the public
financing system beginning with the 2012 election and all other state
candidates and constitutional convention delegate candidates will be
eligible to participate in the public financing system beginning with
the 2014 election.
STATE OF NEW YORK
________________________________________________________________________
11507--A
IN ASSEMBLY
June 10, 2008
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Silver,
Carrozza, Wright, Pheffer, Weinstein, Gottfried, Espaillat, Peoples,
Abbate, Alessi, Benedetto, Bing, Boyland, Bradley, Brennan, Brodsky,
Cahill, Canestrari, Christensen, Clark, Colton, Cook, Cymbrowitz,
DelMonte, L. Diaz, Dinowitz, Eddington, Englebright, Fields, Galef,
Gantt, Gianaris, Glick, Greene, Gunther, Hooper, Hoyt, Jacobs, John,
Koon, Lafayette, Latimer, Lavine, Lentol, Lifton, Lupardo, McEneny,
Millman, Morelle, Nolan, O'Donnell, Ortiz, Paulin, Peralta, Perry,
Pretlow, Reilly, P. Rivera, Rosenthal, Scarborough, Sweeney, Weisen-
berg, Weprin) -- read once and referred to the Committee on Election
Law -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the election law, in relation to enacting the "2010
Campaign Finance Reform Act"; to amend the election law, the state
finance law and the tax law, in relation to providing for optional
partial public financing of certain election campaigns in this state;
and to amend the election law, in relation to identification of the
source of certain political communications
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 "2010 Campaign Finance Reform Act".
3 § 2. Legislative findings and declaration. The legislature declares
4 that it is in the public interest to create and ensure a truly democrat-
5 ic political system in which citizens, irrespective of their income,
6 status, or financial connections, are enabled and encouraged to compete
7 for public office. Therefore, the legislature finds it necessary to
8 establish a system of public financing for all qualified candidates for
9 state elective offices and constitutional convention delegates.
10 § 3. The article heading of article 14 of the election law is amended
11 to read as follows:
12 CAMPAIGN RECEIPTS AND EXPENDITURES; PUBLIC FINANCING
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16294-11-8
A. 11507--A 2
1 § 4. Section 14-100 of the election law is amended by adding three new
2 subdivisions 12, 13, and 14 to read as follows:
3 12. "clearly identified candidate" means that:
4 (a) the name of the candidate involved appears;
5 (b) a photograph or drawing of the candidate appears; or
6 (c) the identity of the candidate is apparent by unambiguous refer-
7 ence.
8 13. "general public audience" means an audience composed of members of
9 the public, including a targeted subgroup of members of the public;
10 provided, however, it does not mean an audience solely comprised of
11 members, retirees and staff of a labor organization or their immediate
12 family members or an audience solely comprised of employees of a busi-
13 ness entity.
14 14. "labor organization" means any organization of any kind which
15 exists for the purpose, in whole or in part, of representing employees
16 employed within the state of New York in dealing with employers or
17 employer organizations or with a state government, or any political or
18 civil subdivision or other agency thereof, concerning terms and condi-
19 tions of employment, grievances, labor disputes, or other matters inci-
20 dental to the employment relationship. For the purposes of this arti-
21 cle, each local, parent national or parent international organization of
22 a statewide labor organization, and each statewide federation receiving
23 dues from subsidiary labor organizations, shall be considered a separate
24 labor organization.
25 § 5. Section 14-106 of the election law, as amended by chapter 8 of
26 the laws of 1978, is amended to read as follows:
27 § 14-106. Political [advertisements and literature] communication.
28 The statements required to be filed under the provisions of this article
29 next succeeding a primary, general or special election shall be accompa-
30 nied by a [facsimile or] copy of all broadcast, cable or satellite sche-
31 dules and scripts, advertisements, pamphlets, circulars, flyers,
32 brochures, letterheads and other printed matter purchased or produced
33 [and a schedule of all radio or television time, and scripts used there-
34 in], and reproductions of statements or information conveyed to five
35 hundred or more members of a general public audience by computer or
36 other electronic device, purchased in connection with such election by
37 or under the authority of the person filing the statement or the commit-
38 tee or the person on whose behalf it is filed, as the case may be. Such
39 [facsimiles,] copies, schedules and scripts shall be preserved by the
40 officer with whom or the board with which it is required to be filed for
41 a period of one year from the date of filing thereof.
42 § 5-a. The election law is amended by adding a new section 14-107 to
43 read as follows:
44 § 14-107. Independent expenditure reporting. 1. For purposes of this
45 article:
46 (a) "Independent expenditure" means an expenditure made by a person
47 for an audio or video communication to a general public audience via
48 broadcast, cable or satellite or a written communication to a general
49 public audience via advertisements, pamphlets, circulars, flyers,
50 brochures, letterheads or other printed matter and statements or infor-
51 mation conveyed to five hundred or more members of a general public
52 audience by computer or other electronic devices which: (i) expressly
53 advocates the election or defeat of a clearly identified candidate or
54 the success or defeat of a ballot proposal and (ii) such candidate, the
55 candidate's political committee or its agents, or a political committee
56 formed to promote the success or defeat of a ballot proposal or its
A. 11507--A 3
1 agents, did not authorize, request, suggest, foster or cooperate in any
2 such communication.
3 (b) Independent expenditures do not include:
4 (i) a communication appearing in a written news story, commentary, or
5 editorial or distributed through the facilities of any broadcasting
6 station, cable or satellite unless such publication or facilities are
7 owned or controlled by any political party, political committee or
8 candidate; or
9 (ii) a communication that constitutes a candidate debate or forum; or
10 (iii) a communication which constitutes an expenditure made by an
11 entity required to report such expenditure with a board of elections.
12 (c) For purposes of this section, the term "person" shall mean person,
13 group of persons, entity, organization or association.
14 2. Whenever any person makes an independent expenditure that costs
15 more than one thousand dollars in the aggregate, such communication
16 shall clearly state the name of the person who paid for, or otherwise
17 published or distributed, the communication and state, with respect to
18 communications regarding candidates, that the communication is not
19 authorized by any candidate, any candidate's political committee or any
20 of its agents. A knowing and willful violation of the provisions of
21 this subdivision shall subject the person to a civil penalty equal to
22 one thousand dollars or the cost of the communication, whichever is
23 greater, in a special proceeding or civil action brought by the state
24 board of elections.
25 3. (a) Any person which makes independent expenditures that cost more
26 than one thousand dollars in the aggregate shall report such independent
27 expenditures to the state board of elections on statements as provided
28 for in section 14-108 of this article.
29 (b) Any independent expenditure made after the close of the period to
30 be covered in the last statement filed before any primary, general or
31 special election, but before such election, shall be reported within
32 twenty-four hours in the same manner as provided for in subdivision two
33 of section 14-108 of this article.
34 4. Each such statement shall include:
35 (a) the name and address of the person making the statement;
36 (b) the name and address of the person making the independent expendi-
37 ture;
38 (c) the name and address of any person or entity providing a gift,
39 loan, advance or deposit of one hundred dollars or more for the inde-
40 pendent expenditure, or the provision of services for the same, and the
41 date it was given; provided, however, the name and address of a member
42 of a labor organization is not required for a gift, loan, advance or
43 deposit of one hundred dollars or more to a labor organization or a
44 labor organization political action committee;
45 (d) the dollar amount paid for each independent expenditure, the name
46 and address of the person or entity receiving the payment, the date the
47 payment was made and a description of the independent expenditure; and
48 (e) the election to which the independent expenditure pertains and the
49 name of the clearly identified candidate or the ballot proposal refer-
50 enced.
51 5. Any report made pursuant to this section shall include a copy of
52 all materials that pertain to the independent expenditure, including but
53 not limited to broadcast, cable or satellite schedule and scripts,
54 advertisements, pamphlets, circulars, flyers, brochures, letterheads and
55 other printed matter.
A. 11507--A 4
1 6. Any report of a loan that is made for an independent expenditure
2 shall include written evidence of the indebtedness.
3 7. Every statement required to be filed pursuant to this section shall
4 be filed by electronic reporting process or overnight mail to the state
5 board of elections.
6 8. The state board of elections shall promulgate regulations with
7 respect to the statements required to be filed by this section and shall
8 provide forms suitable for such statements.
9 § 5-b. Section 14-112 of the election law, as amended by chapter 930
10 of the laws of 1981, is amended to read as follows:
11 § 14-112. Political committee authorization statement. 1. Any poli-
12 tical committee aiding or taking part in the election or nomination of
13 any candidate, other than by making contributions, shall file, in the
14 office in which the statements of such committee are to be filed pursu-
15 ant to this article, either a sworn verified statement by the treasurer
16 of such committee that the candidate has authorized the political
17 committee to aid or take part in his election or that the candidate has
18 not authorized the committee to aid or take part in his election.
19 2. No later than three days after the last day to file designating
20 petitions, a candidate for statewide office, state legislative office or
21 constitutional convention delegate shall file a statement with the state
22 board of elections stating whether the candidate has or will contribute
23 personal funds to his or her authorized committee for use in such
24 election and an estimate of the amount of personal funds contributed or
25 to be contributed. The knowing and willful failure to file the state-
26 ment required by this subdivision shall subject the candidate to a civil
27 penalty not to exceed five thousand dollars in a special proceeding or
28 civil action brought by the state board of elections.
29 § 5-c. Section 14-126 of the election law, as amended by chapter 8 of
30 the laws of 1978, subdivision 1 as amended by chapter 128 of the laws of
31 1994, subdivisions 2, 3, and 4 as redesignated by chapter 9 of the laws
32 of 1978, is amended to read as follows:
33 § 14-126. Violations; penalties. 1. Any person who fails to file a
34 statement required to be filed by this article shall be subject to a
35 civil penalty, not in excess of five hundred dollars, to be recoverable
36 in a special proceeding or civil action to be brought by the state board
37 of elections or other board of elections.
38 2. Any person who knowingly and willfully fails to identify independ-
39 ent expenditures as required by subdivision two of section 14-107 or
40 knowingly and willfully fails to file the statement required by subdivi-
41 sion two of section 14-112 shall be subject to a civil penalty in a
42 special proceeding or civil action brought by the state board of
43 elections.
44 [2.] 3. Any person who knowingly and willfully fails to file a state-
45 ment required to be filed by this article within ten days after the date
46 provided for filing such statement or any person who knowingly and will-
47 fully violates any other provision of this article shall be guilty of a
48 misdemeanor.
49 [3.] 4. Any person who knowingly and willfully contributes, accepts or
50 aids or participates in the acceptance of a contribution in an amount
51 exceeding an applicable maximum specified in this article shall be guil-
52 ty of a misdemeanor.
53 [4.] 5. Any person who shall, acting on behalf of a candidate or poli-
54 tical committee, knowingly and willfully solicit, organize or coordinate
55 the formation of activities of one or more unauthorized committees, make
56 expenditures in connection with the nomination for election or election
A. 11507--A 5
1 of any candidate, or solicit any person to make any such expenditures,
2 for the purpose of evading the contribution limitations of this article,
3 shall be guilty of a class E felony.
4 § 6. Sections 14-100 through 14-130 of article 14 of the election law
5 are designated title 1 and a new title heading is added to read as
6 follows:
7 CAMPAIGN RECEIPTS AND EXPENDITURES
8 § 7. Article 14 of the election law is amended by adding a new title 2
9 to read as follows:
10 TITLE II
11 PUBLIC FINANCING
12 Section 14-200. Definitions.
13 14-202. Eligibility.
14 14-204. Qualified campaign expenditures.
15 14-206. Optional public financing.
16 14-208. Contribution and receipt limitations.
17 14-210. Expenditure limitations.
18 14-212. Examinations and audits; repayments.
19 14-214. Civil penalties.
20 § 14-200. Definitions. As used in this title, unless another meaning
21 is clearly indicated:
22 1. The term "state board" shall mean the state board of elections.
23 2. The term "eligible candidate" shall mean a candidate for nomination
24 or election to any of the offices of governor, lieutenant governor,
25 comptroller, attorney general, member of the state legislature, at-large
26 delegate to a constitutional convention or district delegate to a
27 constitutional convention.
28 3. The term "participating committee" shall mean a single political
29 committee which a candidate certifies is the committee that will be used
30 to participate in the public financing system established by this title.
31 A multi-candidate committee may not be a participating committee.
32 4. The term "participating candidate" shall mean a candidate who is
33 eligible to participate in the optional public financing system estab-
34 lished by this title, has met the threshold for eligibility and has
35 elected to participate in the public financing system.
36 5. The term "matchable contributions" shall mean that portion of the
37 aggregate contributions made after the effective date of this title by
38 natural persons resident in the state of New York to a candidate for
39 nomination or election to any of the offices covered by the provisions
40 of this title which do not exceed two hundred fifty dollars, which have
41 been reported in full by the candidate's participating committee to the
42 state board, including the contributor's full name and residential
43 address. "Matchable contributions" shall be the net amount of any mone-
44 tary contribution realized by a candidate or designated committee after
45 deducting the reasonable value of any goods or services provided the
46 contributor in connection with the contribution, except that contrib-
47 utions from any person who has received a payment or anything of value
48 from such committee or from a person who is an officer, director or
49 employee of, or a person who has a ten percent or greater ownership
50 interest in any entity which has received such a payment or thing of
51 value shall not be matchable. A loan may not be treated as a matchable
52 contribution.
53 6. The term "qualified campaign expenditure" shall mean an expenditure
54 for which public funds may be used.
A. 11507--A 6
1 7. The term "fund" shall mean the New York state campaign finance
2 fund.
3 8. The term "threshold for eligibility" shall mean the amount of total
4 matchable contributions that the participating committee of an otherwise
5 eligible candidate must receive, as required by section 14-202 of this
6 title, in order to qualify for optional public financing pursuant to
7 this title.
8 § 14-202. Eligibility. 1. To be eligible for optional public financing
9 under this title, a candidate for nomination or election must:
10 (a) Meet all the requirements of this chapter and other provisions of
11 law to have his or her name on the ballot;
12 (b) Be a candidate for statewide office, the state legislature or
13 delegate to a constitutional convention at a primary, general or special
14 election and meet the threshold for eligibility set forth in subdivision
15 two of this section;
16 (c) Elect to participate in the public financing system established by
17 this title not later than seven days after the last day to file desig-
18 nating petitions for the office such candidate is seeking or, in the
19 case of a special election, not later than the last day to file nominat-
20 ing certificates for such office;
21 (d) Agree to obtain and furnish to the state board any evidence it may
22 reasonably request relating to his or her campaign expenditures or
23 contributions and furnish such other proof of compliance with this title
24 as may be requested by the state board;
25 (e) Have a single authorized political committee which he or she
26 certifies as the participating committee for the purposes of this title;
27 and
28 (f) Agree to identify accurately in all campaign materials the person
29 or entity that paid for such campaign material.
30 2. The threshold for eligibility for public funding for candidates in
31 a primary, general or special election for the following offices shall
32 be:
33 (a) Governor in a primary or general election. Not less than nine
34 hundred thousand dollars from at least nine thousand matchable contrib-
35 utions made up of sums of up to two hundred fifty dollars per individual
36 contributor who resides in New York state.
37 (b) Lieutenant governor in a primary election and comptroller or
38 attorney general in a primary or general election. Not less than three
39 hundred thousand dollars from at least three thousand matchable contrib-
40 utions made up of sums of up to two hundred fifty dollars per individual
41 contributor who resides in New York state.
42 (c) Members of the state senate in a primary, general or special
43 election. Not less than twenty-five thousand dollars from at least two
44 hundred fifty matchable contributions made up of sums of up to two
45 hundred fifty dollars per individual contributor who resides in New York
46 state including at least twelve thousand five hundred dollars from at
47 least one hundred twenty-five individual contributors who reside in the
48 senate district in which the seat is to be filled.
49 (d) Members of the assembly in a primary, general or special election.
50 Not less than ten thousand dollars from at least one hundred matchable
51 contributions made up of sums of up to two hundred fifty dollars per
52 individual contributor who resides in New York state including at least
53 five thousand dollars from at least fifty individuals who reside in the
54 assembly district in which the seat is to be filled.
55 (e) At-large delegate to a constitutional convention in a primary or
56 general election. Not less than twenty-five thousand dollars from at
A. 11507--A 7
1 least two hundred fifty matchable contributions made up of sums of up to
2 two hundred fifty dollars per individual contributor who resides in New
3 York state.
4 (f) District delegate to a constitutional convention in a primary or
5 general election. Not less than five thousand dollars from at least
6 fifty matchable contributions made up of sums of up to two hundred fifty
7 dollars per individual contributor who resides in the district in which
8 the seat is to be filled.
9 3. In order to be eligible to receive public funds in a primary
10 election a candidate must agree, that in the event such candidate is a
11 candidate for such office in the general election in such year, that
12 such candidate will be bound by the provisions of this title, including,
13 but not limited to, the receipt and expenditure limits of this title.
14 4. Candidates who are contested in a primary election and who do not
15 seek public funds shall not be eligible for public funds for the general
16 election in that year. The provisions of this subdivision shall not
17 apply to candidates for the office of lieutenant governor.
18 5. Candidates who are unopposed in a general or special election shall
19 not be eligible to receive public funds.
20 6. No candidate for election to an office in a primary, general or
21 special election who has elected to participate in the public financing
22 system shall be deemed opposed and receive public funds unless at least
23 one other candidate for such office in such election who also elected to
24 participate in the public financing system, or such candidate's commit-
25 tee, or at least one other candidate for such office in such election
26 who has not elected to participate, or such candidate's committee, have
27 either spent, contracted or obligated to spend, or have contributed such
28 candidate's personal funds to such candidate's committee 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 any candidate for an office and the committee of such candidate
33 reaches the threshold to qualify to receive public funds, or spends,
34 contracts or obligates to spend, or contributes such candidate's
35 personal funds to such candidate's committee or receives in loans or
36 contributions, an amount exceeding ten percent of the expenditure limit
37 for such office in such election at any time after the filing deadline
38 for the last report required to be filed before the first distribution
39 of public funds for such election, such candidate or committee must
40 notify the state board of that fact within twenty-four hours in the same
41 manner as provided in subdivision two of section 14-108 of this article.
42 § 14-204. Qualified campaign expenditures. 1. Public funds provided
43 under the provisions of this title may only be used for expenditures by
44 the participating committee authorized by the candidate to make expendi-
45 tures on such candidate's behalf, to further the candidate's nomination
46 or election during the campaign cycle 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 campaign cycle or in the case of a special election for expendi-
50 tures during the period commencing three months before and ending one
51 month after such special election. The total of all expenditures made by
52 the candidate and such candidate's participating committee, including
53 all payments received from the fund, shall not exceed the expenditure
54 limitations established in section 14-210 of this title, except insofar
55 as such payments are made to repay loans used to pay campaign expendi-
56 tures.
A. 11507--A 8
1 2. Such public funds may not be used for:
2 (a) An expenditure in violation of any law of the United States or of
3 this state;
4 (b) Payments or anything of value given or made to the candidate, a
5 relative of the candidate, or to a business entity in which any such
6 person has a ten percent or greater ownership interest or of which any
7 such person is an officer, director or employee;
8 (c) Payment in excess of the fair market value of services, materials,
9 facilities or other things of value received in exchange;
10 (d) Any expenditure made after the participating candidate, or the
11 only remaining opponent of such candidate, has been disqualified or had
12 such candidate's petitions declared invalid by a board of elections or a
13 court of competent jurisdiction until and unless such finding is
14 reversed by a higher authority.
15 (e) Any expenditure made to challenge the validity of any petition of
16 designation or nomination or any certificate of nomination, acceptance,
17 authorization, declination or substitution;
18 (f) Expenditure for noncampaign related food, drink or entertainment;
19 and
20 (g) Gifts, except brochures, buttons, signs and other campaign materi-
21 al.
22 § 14-206. Optional public financing. 1. Participating candidates for
23 nomination or election in primary, general and special elections may
24 obtain payment to a participating committee from public funds for quali-
25 fied campaign expenditures. No such public funds shall be paid to a
26 participating committee until the candidate has qualified to appear on
27 the ballot and filed a sworn statement with the state board electing to
28 participate in the optional public financing system and agreeing to
29 abide by the requirements of this title. Payments shall not exceed the
30 amounts specified in this title, and shall be made only in accordance
31 with the provisions of this title. Such payments may only be made to a
32 participating candidate's participating committee. No public funds shall
33 be used except as reimbursement or payment for qualified campaign
34 expenditures actually and lawfully incurred or to repay loans used to
35 pay qualified campaign expenditures.
36 2. The participating committee of each participating candidate shall
37 be entitled to four dollars in public funds for each one dollar of
38 matchable contributions obtained and reported to the state board in
39 accordance with the provisions of this title, provided, however, such
40 public funds shall only be used for qualified campaign expenditures.
41 3. (a) However, if any candidate in any election for an office for
42 which public funds are available pursuant to the provisions of this
43 title, elects not to accept public funds and such candidate or such
44 candidate's committee either spends, contracts or obligates to spend, or
45 contributes such candidate's personal funds to such candidate's commit-
46 tee or receives in loans or contributions, an amount exceeding the
47 expenditure limit for such office, as fixed by this title for candidates
48 who have elected to accept public funds, then (i) such candidate or
49 committee must notify the state board of the fact within twenty-four
50 hours via the internet using the electronic filing system established by
51 the state board, or if such candidate does not file electronically via
52 the internet, by facsimile or overnight mail; and (ii) the participating
53 committee of each participating candidate for such office shall be enti-
54 tled to a grant of public funds equal to twenty-five percent of the
55 total amount of public funds received by the participating candidate for
56 matchable contributions obtained and reported to the state board. Such
A. 11507--A 9
1 grant shall be paid within two business days and shall only be used for
2 qualified campaign expenditures.
3 (b) However, if any candidate in any election for an office for which
4 public funds are available pursuant to the provisions of this title,
5 elects not to accept public funds and such candidate or such candidate's
6 committee either spends, contracts or obligates to spend, or contributes
7 such candidate's personal funds to such candidate's committee or
8 receives in loans or contributions, an amount exceeding the total of the
9 expenditure limit for such office, as fixed by this title for candidates
10 who have elected to accept public funds, plus the twenty-five percent
11 grant already received by the participating candidate, then (i) such
12 candidate or committee must notify the state board of the fact within
13 twenty-four hours via the internet using the electronic filing system
14 established by the state board, or if such candidate does not file elec-
15 tronically via the internet, by facsimile or overnight mail; and (ii)
16 the participating committee of each participating candidate for such
17 office shall be entitled to an additional grant of public funds equal to
18 twenty-five percent of the total amount of public funds received by the
19 participating candidate for matchable contributions obtained and
20 reported to the state board. Such grant shall be paid within two busi-
21 ness days and shall only be used for qualified campaign expenditures.
22 (c) However, if any candidate in any election for an office for which
23 public funds are available pursuant to the provisions of this title,
24 elects not to accept public funds and such candidate or such candidate's
25 committee either spends, contracts or obligates to spend, or contributes
26 such candidate's personal funds to such candidate's committee or
27 receives in loans or contributions, an amount exceeding the total of the
28 expenditure limit for such office, as fixed by this title for candidates
29 who have elected to accept public funds, plus the fifty percent total
30 aggregate grant already received by the participating candidate, then
31 (i) such candidate or committee must notify the state board of the fact
32 within twenty-four hours via the internet using the electronic filing
33 system established by the state board, or if such candidate does not
34 file electronically via the internet, by facsimile or overnight mail;
35 and (ii) the participating committee of each participating candidate for
36 such office shall be entitled to an additional grant of public funds
37 equal to twenty-five percent of the total amount of public funds
38 received by the participating candidate for matchable contributions
39 obtained and reported to the state board. Such grant shall be paid with-
40 in two business days and shall only be used for qualified campaign
41 expenditures.
42 (d) However, if any candidate in any election for an office for which
43 public funds are available pursuant to the provisions of this title,
44 elects not to accept public funds and such candidate or such candidate's
45 committee either spends, contracts or obligates to spend, or contributes
46 such candidate's personal funds to such candidate's committee or
47 receives in loans or contributions, an amount exceeding the total of the
48 expenditure limit for such office, as fixed by this title for candidates
49 who have elected to accept public funds, plus the seventy-five percent
50 total aggregate grant already received by the participating candidate,
51 then (i) such candidate or committee must notify the state board of the
52 fact within twenty-four hours via the internet using the electronic
53 filing system established by the state board, or if such candidate does
54 not file electronically via the internet, by facsimile or overnight
55 mail; and (ii) the participating committee of each participating candi-
56 date for such office shall be entitled to an additional grant of public
A. 11507--A 10
1 funds equal to twenty-five percent of the total amount of public funds
2 received by the participating candidate for matchable contributions
3 obtained and reported to the state board. Such grant shall be paid with-
4 in two business days and may only be used for qualified campaign expend-
5 itures.
6 4. (a) No participating candidate for nomination for an office who is
7 unopposed in a primary election shall be entitled to payment from the
8 fund for qualified campaign expenditures.
9 (b) Where there is a contest in such primary for the nomination of at
10 least one other party for such office, the participating committee of an
11 unopposed participating candidate for nomination may raise and spend an
12 amount equal to one-half the expenditure limit for such office, as fixed
13 by this title for candidates who have elected to accept public funds,
14 with contributions of up to two thousand dollars per contributor. Such
15 payment can only be expended for property, services or facilities used
16 on or before the date of such primary election.
17 5. The state board shall promptly examine all reports of contributions
18 to determine whether, on their face, they meet the requirements for
19 matchable contributions, and shall keep a record of such contributions.
20 6. The state board shall promulgate regulations for the certification
21 of the amount of funds payable by the comptroller, from the fund estab-
22 lished pursuant to section ninety-two-t of the state finance law, to a
23 participating candidate that has qualified to receive such payment.
24 These regulations shall include the promulgation and distribution of
25 forms on which contributions and expenditures are to be reported, the
26 periods during which such reports must be filed and the verification
27 required. The state board shall institute procedures which will make
28 possible payment by the fund within four business days after receipt of
29 the required forms and verifications.
30 § 14-208. Contribution and receipt limitations. 1. In any primary,
31 special or general election for any statewide office, state legislative
32 office or constitutional convention delegate no contributor may make a
33 contribution to any participating candidate or such candidate's partic-
34 ipating committee, and no participating candidate or participating
35 committee may accept any contribution from any contributor which, in the
36 aggregate amount, is greater than two thousand dollars.
37 2. (a) Notwithstanding the expenditure limit for such office as fixed
38 by this title for candidates who have elected to accept public funds, a
39 participating candidate for governor or lieutenant governor in a primary
40 or general election or such candidate's participating committee may
41 accept from one or more of the state party committees of all of the
42 parties which have nominated such candidates services in an amount
43 which, in the aggregate, does not exceed two million five hundred thou-
44 sand dollars; provided, however, that twenty-five percent of such amount
45 may be accepted in the form of a transfer.
46 (b) Notwithstanding the expenditure limit for such office as fixed by
47 this title for candidates who have elected to accept public funds, a
48 participating candidate for attorney general or comptroller in a primary
49 or general election or such candidate's participating committee may
50 accept from one or more of the state party committees of all the parties
51 which have nominated such candidates services in an amount which, in the
52 aggregate, does not exceed one million dollars; provided, however, that
53 twenty-five percent of such amount may be accepted in the form of a
54 transfer.
55 (c) Notwithstanding the expenditure limit for such office as fixed by
56 this title for candidates who have elected to accept public funds, a
A. 11507--A 11
1 participating candidate for state senator in a primary, general or
2 special election or such candidate's participating committee may accept
3 from one or more of the state party committees of all of the parties
4 which have nominated such candidate services in an amount which, in the
5 aggregate, does not exceed one hundred thousand dollars; provided,
6 however, that twenty-five percent of such amount may be accepted in the
7 form of a transfer.
8 (d) Notwithstanding the expenditure limit for such office as fixed by
9 this title for candidates who have elected to accept public funds, a
10 participating candidate for member of the assembly in a primary, general
11 or special election or such candidate's participating committee may
12 accept from one or more of the state party committees of all of the
13 parties which have nominated such candidate services in an amount which,
14 in the aggregate, does not exceed fifty thousand dollars; provided,
15 however, that twenty-five percent of such amount may be accepted in the
16 form of a transfer.
17 (e) Notwithstanding the expenditure limit for such office as fixed by
18 this title for candidates who have elected to accept public funds, a
19 participating candidate for delegate at-large to a constitutional
20 convention in a general election or such candidate's participating
21 committee may accept from one or more of the state party committees of
22 all the parties which have nominated such candidate services in an
23 amount which, in the aggregate, does not exceed fifty thousand dollars;
24 provided, however, that twenty-five percent of such amount may be
25 accepted in the form of a transfer.
26 (f) Notwithstanding the expenditure limit for such office as fixed by
27 this title for candidates who have elected to accept public funds, a
28 participating candidate for district delegate to a constitutional
29 convention in a general election or such candidate's participating
30 committee may accept from one or more of the state party committees of
31 all the parties which have nominated such candidate services in an
32 amount which, in the aggregate, does not exceed ten thousand dollars;
33 provided, however, that twenty-five percent of such amount may be
34 accepted in the form of a transfer.
35 3. Notwithstanding any expenditure limit in this subdivision, each
36 county committee of any party which nominates a candidate for statewide
37 office, including within the term county committee any of its subcommit-
38 tees, may expend in support of each such candidate for statewide office
39 of such party who has agreed to accept public financing, an amount which
40 shall not exceed the sum of two cents for each voter registered in such
41 county as determined by the records of the appropriate board of
42 elections as of the preceding general election.
43 4. In computing the aggregate amount expended for purposes of this
44 section, expenditures made by a state party committee or a county
45 committee in support of more than one candidate shall be allocated among
46 such candidates supported by the committee in accordance with formulas
47 promulgated by the state board or, in the absence of such official
48 formulas, in accordance with a formula based upon reasonable standards.
49 The statements filed by such party committee in accordance with this
50 chapter shall set forth, in addition to the other information required,
51 the total amount expended by the party committee on behalf of all such
52 candidates and the amount allocated to each candidate by dollar amount
53 and percentage. Expenditures by a party for activities which do not
54 support or oppose the election of any candidate or candidates by name or
55 by clear inference shall not be regarded as expenditures on behalf of or
56 in opposition to a candidate.
A. 11507--A 12
1 5. A participating candidate for a public office for which public
2 funds are available pursuant to this title shall not accept any contrib-
3 utions any earlier than one day after the previous general election for
4 the office which such candidate is seeking, or any later than the day of
5 the general election for the office sought, except that a participating
6 candidate or participating committee which has a deficit on the day of
7 the general election may, after such date, accept contributions which do
8 not exceed the amount of such deficit and the expenses incurred in rais-
9 ing such contributions or the expenditure limit for such office as fixed
10 by this title for candidates who have elected to accept public funds.
11 Contributions to a participating candidate or participating committee
12 which were received before the effective date of this title may not be
13 expended in any election for any such office.
14 6. Except for the limitations specifically set forth in this section,
15 participating candidates shall be subject to the provisions of this
16 article.
17 § 14-210. Expenditure limitations. The following expenditure limita-
18 tions apply to all expenditures by participating candidates and their
19 participating committees receiving public funds pursuant to the
20 provisions of this title:
21 1. (a) In any primary election, expenditures by participating candi-
22 dates and by their participating committees shall not exceed:
23 (i) for governor, the sum of one dollar and ten cents for each voter
24 enrolled in the candidate's party in the state; provided, however, such
25 sum shall not be less than six hundred thousand dollars nor more than
26 six million dollars;
27 (ii) for lieutenant governor, comptroller or attorney general, the sum
28 of one dollar and ten cents for each voter enrolled in the candidate's
29 party in the state; provided, however, such sum shall not be less than
30 three hundred thousand dollars nor more than three million dollars;
31 (iii) for senator, the sum of two dollars and fifty cents for each
32 voter enrolled in the candidate's party in the senate district;
33 provided, however, such sum shall not be less than thirty-five thousand
34 dollars nor more than three hundred fifty thousand dollars;
35 (iv) for member of the assembly, the sum of two dollars and fifty
36 cents for each voter enrolled in the candidate's party in the assembly
37 district; provided, however, such sum shall not be less than fifteen
38 thousand dollars nor more than one hundred fifty thousand dollars;
39 (v) for at-large delegate to a constitutional convention, the sum of
40 fifteen cents for each voter enrolled in the candidate's party in the
41 state; provided, however, such sum shall not be less than seventy-five
42 thousand dollars nor more than one hundred seventy-five thousand
43 dollars;
44 (vi) for district delegates to a constitutional convention, the sum of
45 one dollar and ten cents for each voter enrolled in the candidate's
46 party in the district; provided, however, such sum shall not be less
47 than five thousand dollars nor more than fifty thousand dollars;
48 (b) The enrollment numbers used to calculate the expenditure limits
49 provided for in this subdivision shall be the enrollments duly reported
50 by the appropriate board or boards of election as of the last general
51 election preceding the primary election.
52 2. In any general or special election, expenditures by participating
53 candidates for the following offices and by their participating commit-
54 tees shall not exceed the following amounts:
55 Candidates for election to the office of:
56 Governor and lieutenant governor (combined) $12,000,000
A. 11507--A 13
1 Attorney general $6,000,000
2 Comptroller $6,000,000
3 Member of senate $350,000
4 Member of assembly $150,000
5 Delegate at-large to a constitutional convention $350,000
6 District delegate to a constitutional convention $75,000
7 3. Participating candidates for office who are unopposed in the prima-
8 ry election may expend before the primary election, for services, mate-
9 rials or facilities used on or before the date of such primary election,
10 an amount equal to half the sum such candidates would be entitled to
11 spend if their nomination was contested in such primary election
12 provided there is a primary contest for the nomination of at least one
13 other party for such office.
14 4. Expenditures for legal fees and reasonable expenses to defend the
15 validity of petitions of designation or nomination or certificates of
16 nomination, acceptance, authorization, declination or substitution, or
17 to successfully challenge any such petition or certificate on grounds of
18 fraud, or for expenses incurred to comply with the campaign finance
19 reporting requirements of this article, shall not be subject to the
20 expenditure limits of this subdivision.
21 § 14-212. Examinations and audits; repayments. 1. The state board
22 shall conduct a thorough examination and audit of the contributions and
23 qualified campaign expenses of the participating committee of every
24 participating candidate who received payments pursuant to section 14-206
25 of this title.
26 2. (a) If the state board determines that any portion of the payment
27 made to a participating committee from the fund was in excess of the
28 aggregate amount of payments to which such eligible candidate was enti-
29 tled pursuant to section 14-206 of this title, it shall notify such
30 committee of the excess amount and such committee shall pay to the state
31 board an amount equal to the amount of excess payments.
32 (b) If the state board determines that any amount of payment made to a
33 participating committee from the fund was used for purposes other than
34 to defray qualified campaign expenses, it shall notify such participat-
35 ing committee of the amount disqualified and such participating commit-
36 tee shall pay to the state board an amount equal to such disqualified
37 amount.
38 (c) If the total of contributions and payments from the fund received
39 by any participating candidate and such candidate's participating
40 committee, exceeds the campaign expenditures of such candidate and
41 committee, such candidate and committee shall use such excess funds to
42 reimburse the fund for payments received by such committee from the fund
43 not later than ten days after all permissible liabilities have been paid
44 and in any event, not later than March thirty-first of the year follow-
45 ing the year of the election for which such payments were intended. No
46 such excess funds shall be used for any other purpose.
47 3. If a court of competent jurisdiction disqualifies a candidate whose
48 participating committee has received public funds on the grounds that
49 such candidate committed fraudulent acts in order to obtain a place on
50 the ballot and such decision is not reversed by a higher court, such
51 candidate and such candidate's participating committee shall pay to the
52 state board an amount equal to the total of public funds received by
53 such participating committee.
54 4. The state board must provide written notice of all payments due
55 from a participating candidate or such candidate's committee to the
56 state board and provide an opportunity for the candidate or committee to
A. 11507--A 14
1 rebut, in whole or in part, the alleged amount due. Upon a final written
2 determination by the state board, the amount due shall be paid to the
3 state board within thirty days of such determination.
4 5. All payments received by the state board pursuant to this section
5 shall be deposited in the New York state campaign finance fund estab-
6 lished by section ninety-two-t of the state finance law.
7 § 14-214. Civil penalties. 1. Any person who fails to file a statement
8 or record required to be filed by this title or the rules or regulations
9 of the state board in implementation thereof shall be subject to a civil
10 penalty, not in excess of five thousand dollars, to be recoverable in a
11 special proceeding or civil action brought by the state board.
12 2. If the aggregate amount of expenditures by a participating candi-
13 date and such candidate's participating committee exceeds the expendi-
14 ture limitations contained in this title such participating candidate
15 shall be liable for a civil penalty in an amount equal to three times
16 the sum by which such expenditures exceed the permitted amount, to be
17 recoverable in a special proceeding or civil action brought by the state
18 board.
19 3. All payments received by the state board pursuant to this section
20 shall be deposited in the New York state campaign finance fund estab-
21 lished by section ninety-two-t of the state finance law.
22 § 8. The election law is amended by adding a new section 16-103 to
23 read as follows:
24 § 16-103. Proceedings as to public financing. 1. The determination of
25 eligibility pursuant to section 14-202 of this chapter and any question
26 or issue relating to payments for qualified campaign expenditures pursu-
27 ant to section 14-206 of this chapter may be contested in a proceeding
28 instituted in the Supreme court, Albany county, by any aggrieved candi-
29 date.
30 2. A proceeding with respect to such a determination of eligibility or
31 payment for qualified campaign expenditures pursuant to section 14-206
32 of this chapter shall be instituted within seven days after such deter-
33 mination was made. The state board shall be made a party to any such
34 proceeding.
35 3. Upon the state board's failure to receive the amount due from a
36 participating candidate or such candidate's committee after the issuance
37 of written notice of such amount due, as required by subdivision four of
38 section 14-212 of this chapter, the state board is authorized to insti-
39 tute a special proceeding or civil action in Supreme Court, Albany coun-
40 ty, to obtain a judgment for any amounts determined to be payable to the
41 state board as a result of an examination and audit made pursuant to
42 title II of article fourteen of this chapter.
43 4. The state board is authorized to institute a special proceeding or
44 civil action in Supreme Court, Albany county, to obtain a judgment for
45 civil penalties determined to be payable to the state board pursuant to
46 section 14-214 of this chapter.
47 § 9. The election law is amended by adding a new section 4-115 to read
48 as follows:
49 § 4-115. Notice to the state board of elections of candidates for the
50 legislature. 1. Each board of elections with which petitions are filed
51 for member of the state legislature shall, not later than one week after
52 the last day to file such petitions, send notice to the state board of
53 elections of such information about each such petition as the state
54 board shall require.
55 2. Each such county board of elections shall, not later than the day
56 after the last day to file a petition or certificate of nomination for a
A. 11507--A 15
1 general or special election or a certificate of acceptance, declination
2 or substitution for a general, primary or special election for any such
3 office, send to the state board of elections such information about each
4 such petition or certificate as the state board shall require.
5 3. If any such county board of elections should disqualify any such
6 candidate or rule the petition or certificate designating or nominating
7 any such candidate invalid, it shall forthwith notify the state board of
8 elections of such decision.
9 4. If any such county board of elections shall be notified of a deci-
10 sion of a court of competent jurisdiction disqualifying any such candi-
11 date or declaring any such petition invalid or reversing any such deci-
12 sion by such board of elections or another court, such board of
13 elections shall forthwith notify the state board of elections of such
14 decision.
15 5. The state board of elections may prescribe forms for the notices
16 required by this section and shall prescribe the manner in which such
17 notices shall be given.
18 § 10. The state finance law is amended by adding a new section 92-t to
19 read as follows:
20 § 92-t. New York state campaign finance fund. 1. There is hereby
21 established in the joint custody of the state comptroller and the
22 commissioner of taxation and finance a fund to be known as the New York
23 state campaign finance fund.
24 2. Such fund shall consist of all revenues received from the New York
25 state campaign finance fund check-off pursuant to subsection (f) of
26 section six hundred fifty-eight of the tax law, from the general fund,
27 and from all other moneys credited or transferred thereto from any other
28 fund or source pursuant to law.
29 3. Moneys of the fund, following appropriation by the legislature, may
30 be expended for the purposes of making payments to candidates pursuant
31 to title II of article fourteen of the election law. Moneys shall be
32 paid out of the fund on the audit and warrant of the state comptroller
33 on vouchers certified or approved by the state board of elections, or
34 its duly designated representative, in the manner prescribed by law, not
35 more than four working days after such voucher is received by the state
36 comptroller.
37 4. Notwithstanding any provision of law to the contrary, if, in any
38 state fiscal year, the state campaign finance fund lacks the amount of
39 money to pay all claims vouchered by eligible candidates and certified
40 or approved by the state board of elections, any such deficiency shall
41 be paid, upon audit and warrant of the state comptroller, from funds
42 deposited in the general fund of the state not more than four working
43 days after such voucher is received by the state comptroller.
44 5. Commencing in two thousand fifteen, if the surplus in the fund on
45 April first of the year after a year in which a governor is elected
46 exceeds twenty-five percent of the disbursements from the fund over the
47 previous four years, the excess shall revert to the general fund of the
48 state.
49 6. No public funds shall be paid to any participating candidates in a
50 primary election any earlier than the day that such candidate is certi-
51 fied as being on the ballot for such primary election.
52 7. No public funds shall be paid to any participating candidates in a
53 general election any earlier than the day after the day of the primary
54 election held to nominate candidates for such election.
A. 11507--A 16
1 8. No public funds shall be paid to any participating candidates in a
2 special election any earlier than the day after the last day to file
3 certificates of party nomination for such special election.
4 9. No public funds shall be paid to any participating candidate who
5 has been disqualified or whose designating petitions have been declared
6 invalid by the appropriate board of elections or a court of competent
7 jurisdiction until and unless such finding is reversed by a higher
8 authority. No payment from the fund in the possession of such a candi-
9 date or such candidate's participating committee on the date of such
10 disqualification or invalidation may thereafter be expended for any
11 purpose except the payment of liabilities incurred before such date. All
12 such moneys shall be repaid to the fund.
13 § 11. Section 658 of the tax law is amended by adding a new subsection
14 (f) to read as follows:
15 (f) New York state campaign finance fund check-off. (1) For each
16 taxable year beginning on and after January first, two thousand eight,
17 every individual whose New York state income tax liability for the taxa-
18 ble year for which the return is filed is five dollars or more may
19 designate on such return that five dollars be paid into the New York
20 state campaign finance fund established by section ninety-two-t of the
21 state finance law. Where a husband and wife file a joint return and
22 have a New York state income tax liability for the taxable year for
23 which the return is filed of ten dollars or more, or file separate
24 returns on a single form, each such taxpayer may make separate desig-
25 nations on such return of five dollars to be paid into the New York
26 state campaign finance fund.
27 (2) The commissioner shall transfer to the New York state campaign
28 finance fund, established pursuant to section ninety-two-t of the state
29 finance law, an amount equal to five dollars multiplied by the number of
30 designations.
31 (3) For purposes of this subsection, the income tax liability of an
32 individual for any taxable year is the amount of tax imposed under this
33 article reduced by the sum of the credits (as shown in his or her
34 return) allowable under this article.
35 (4) The department shall include a place on every personal income tax
36 return form to be filed by an individual for a tax year beginning on or
37 after January first, two thousand eight, immediately above the certif-
38 ication under which the taxpayer is required to sign such form, for such
39 taxpayer to make the designations described in paragraph one of this
40 subsection. Such return form shall contain a concise explanation of the
41 purpose of such optional designations.
42 § 12. Campaign finance review panel. 1. There is hereby created and
43 established the "campaign finance review panel". The panel shall consist
44 of the commissioner of taxation and finance, the director of the divi-
45 sion of the budget, the state comptroller and the two members of the
46 state board of elections who rotate as chairperson of the board. The
47 commissioner of taxation and finance shall be chairperson.
48 2. The panel is empowered and it shall be its duty to monitor and
49 review the implementation of the 2010 Campaign Finance Reform Act. The
50 panel shall report to the governor and the legislature on March 31, 2011
51 and on March 31, 2013. The report shall include: (a) the number of
52 candidates qualifying and opting for public financing, the amounts
53 expended for this purpose in the preceding fiscal year and a projection
54 of the number of candidates likely to qualify and opt for public financ-
55 ing and their expenditures in future elections; (b) an analysis of the
56 effect of the 2010 Campaign Finance Reform Act on political campaigns,
A. 11507--A 17
1 including its effect on the sources and amounts of private financing,
2 the level of campaign expenditures, voter participation, the number of
3 candidates and the candidate's ability to campaign effectively for
4 public office; (c) a review of the procedures utilized in providing
5 public funds to candidates; and (d) such recommended changes in the 2010
6 Campaign Finance Reform Act as it deems appropriate.
7 § 13. Severability. If any clause, sentence, subdivision, paragraph,
8 section or part of title II of article 14 of the election law, as added
9 by section seven of this act be adjudged by any court of competent
10 jurisdiction to be invalid, such judgment shall not affect, impair or
11 invalidate the remainder thereof, but shall be confined in its operation
12 to the clause, sentence, subdivision, paragraph, section or part thereof
13 directly involved in the controversy in which such judgment shall have
14 been rendered.
15 § 14. This act shall take effect immediately; provided, however,
16 candidates for state comptroller will be eligible to participate in the
17 public financing system beginning with the 2010 election, state legisla-
18 ture candidates will be eligible to participate in the public financing
19 system beginning with the 2012 election and all other state candidates
20 and constitutional convention delegates will be eligible to participate
21 in the public financing system beginning with the 2014 election.
